Roanoke Times Copyright (c) 1995, Landmark Communications, Inc. DATE: SATURDAY, April 15, 1995 TAG: 9504170042 SECTION: VIRGINIA PAGE: C4 EDITION: METRO SOURCE: ASSOCIATED PRESS DATELINE: RICHMOND LENGTH: Medium
James Roberts, an attorney for Janus, said Janus merely was trying to ward off a possible civil suit and did nothing wrong. Robert Cabell Jr., an attorney for the substitute judge, James Baber III, had no comment on the allegation.
Capt. Darrel Stilwell, an assistant director of the State Police Bureau of Criminal Investigation, confirmed that state police have begun an investigation, but referred inquiries to Virginia Beach Commonwealth's Attorney Robert Humphreys, special prosecutor in the case.
Humphreys said, ``I don't have any comment about that at this time. Talk to me in about a month or so. I may have something for you.''
Sources familiar with the allegations told the Richmond Times-Dispatch that the woman went to Baber's office for legal advice on a domestic matter about six weeks ago. She told authorities she was assaulted after telling Baber that she had no money to pay him.
The woman complained to Richmond police, who notified Commonwealth's Attorney David Hicks. Hicks, who was with the firm of Bremner, Baber & Janus before he was elected commonwealth's attorney in 1993, asked Hanover County Commonwealth's Attorney Eddie Vaughn Jr. to handle the matter because of Hicks' recent association with Baber and Janus.
Vaughn would not comment, but the unnamed sources told the newspaper that the woman insisted on pursuing a criminal charge against Baber when Vaughn first talked with her.
The sources said Janus offered through the woman's attorney to pay her $10,000 to resolve any civil complaint she might have against Baber and the firm.
The woman also spoke directly by telephone with Janus one time, and the interpretation of that conversation is the focus of the investigation of Janus, the sources said. Janus contends that the offer related to civil aspects of the case only, the sources said.
In any event, the woman reported the conversation to state police, and investigators equipped her with a hidden tape recorder when Janus gave her a $10,000 check at a meeting at which she signed a release of any claim against Baber or his firm, the sources said.
Because Vaughn might be a witness, he asked Richmond Circuit Judge James Wilkinson to appoint another prosecutor, and Wilkinson named Humphreys.
by CNB