Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: THURSDAY, April 22, 1993 TAG: 9304220374
SECTION: NEIGHBORS PAGE: W-9 EDITION: METRO
SOURCE: By DAVID M. POOLE STAFF WRITER
DATELINE: LENGTH: Medium
In the first defense, Taliaferro said he thought Prillaman would decide not to rebuild his heating and air conditioning business if the deal went through.
In the second defense, Taliaferro said he did not know it would be a violation of the state's conflict of interest law for his own construction company to rebuild Prillaman's business.
A special prosecutor said a state police investigation found enough evidence to refute the first defense, but not the second.
As a result, Lynchburg Commonwealth's Attorney William Petty decided not to seek criminal charges against Taliaferro, who has been Salem's mayor for 21 years.
Salem took Prillaman's land next to the Moyer Sports Complex and gave him a vacant lot in an industrial park, plus more than $300,000 to rebuild. Prillaman then hired Taliaferro to construct a new building.
Petty concluded there was evidence to support the conclusion that Taliaferro could have reasonably foreseen a benefit by voting for the land deal.
"The offer of sale submitted by Prillaman clearly included expenses for the relocation of the business. In addition, Prillaman's demand for additional property `on which to relocate' envisions an intention to rebuild," Petty said in a six-page letter to Salem Commonwealth's ATtorney Fred King.
"Finally, the mayor's quoted statement that he `always built Joe Prillaman's buildings' coupled with the short period of time between the vote on May 13 and Prillaman's request for the mayor to build in the middle of June is evidence of a `reasonably foreseeable' benefit to the mayor's construction company.
"Although Prillaman expressed an intention to sell his business and not rebuild, that is contradicted by the letter Prillaman submitted to the city, the contents of which were presumably presented to council in executive session."
Petty said the most "troubling issue" was Taliaferro's contention that he was not fully versed in the state's conflict of interest law.
Under the law, a public official cannot be convicted unless it can be proven beyond a reasonable doubt that he knew he was breaking the law.
"From the evidence I have reviewed, I do not believe that there is sufficient evidence to support this proposition," Petty wrote.
"There is no evidence to suggest the mayor engaged in any deceitful or devious conduct, which would indicate an attempt to conceal or misrepresent his conduct.
"There is no evidence that the mayor deliberately used his office for personal financial gain or that his actions were in any way contrary to what he and other council members believed to be the best interests of the community.
"While . . . the mayor has received a copy of the [conflict law] as required by law, there is no evidence that he was sufficiently familiar with its contents to prove that he intentionally engaged in prohibited conduct."
Petty concluded by reminding Taliaferro that it was his duty to understand the conflict law and seek legal advice when in doubt.
by CNB