Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: FRIDAY, April 5, 1991 TAG: 9104050271
SECTION: VIRGINIA PAGE: B3 EDITION: STATE
SOURCE: LESLIE TAYLOR STAFF WRITER
DATELINE: LENGTH: Medium
Evelyn Marie Cotton and Shirley Stanley Bassett had pleaded guilty to criminal contempt of court. Because there are no guidelines for penalties regarding contempt, sentencing was left to the court's discretion.
U.S. Judge James Turk chose to treat the offense as a misdemeanor rather than a felony. He could have imposed a period of probation but chose not to.
"Every time I impanel a grand jury I repeat to them the importance of keeping secret everything that takes place," Turk said. "There's just no room for doing otherwise in grand jury proceedings. I think each of you realizes that today.
"I don't think you did it for any personal or financial gain. What you were trying to do was aid a friend."
Assistant U.S. Attorney Karen Peters, who prosecuted the case, filed a motion asking the court to depart from federal sentencing guidelines because of "personal circumstances" and cooperation offered by Cotton and Bassett to the government.
Cotton, Bassett and Christiansburg lawyer Robert Keith Neely were charged last year with conspiring from March 1989 to September 1990 to defraud the government.
It was alleged that Cotton, the court reporter for the grand jury during the offenses, disclosed secret information on three occasions to her friend and substitute reporter, Bassett.
Bassett, in turn, was said to have passed the information to Neely, her friend and sometime employer. Prosecutors said that Neely disclosed the information to Michael Giacolone, a former Virginia Tech football player who was convicted last year on charges of heading a marijuana-distribution ring.
Cotton, Bassett and Neely also were charged with obstructing justice and with violating rules that require certain people, such as grand jury reporters, to keep grand jury matters secret.
Neely maintained his innocence, and last month U.S. Judge Jackson Kiser dismissed all charges against him. Part of Kiser's ruling was based on what he viewed as the government's inability to prove that Neely had arranged to receive the information.
Both women tearfully testified Thursday that they were sorry for their actions.
"I can't imagine doing anything else that would come close to this," said Cotton, a court reporter for 10 years. "Not only did I do something wrong, but I did something to people who are my friends."
Cotton, who has moved to Texas from Lynchburg, said her actions could be attributed only to "stupidity."
Several lawyers and the owner of an agency for free-lance court reporters testified to Bassett's professional reputation. All gave her work high marks and said they intended to employ her again.
"I will continue to use her," testified Robert Young, owner of Central Virginia Reporters of Salem.
Bassett said she had no idea she was committing a crime when she passed grand jury information to Neely.
"I feel horrible for Evelyn and what I've done to her," she testified. "It's been a nightmare for several months - a great strain on my marriage and life. I hope this will be the end of it."
Bassett said she would have no further association with Neely.
"This was not an occasion for loud remarks or great joy on the government's part," Peters said.
by CNB