Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: TUESDAY, May 9, 1995                   TAG: 9505090127
SECTION: VIRGINIA                    PAGE: A-8   EDITION: METRO 
SOURCE: Associated Press
DATELINE: RICHMOND                                LENGTH: Medium

PROMINENT LAWYER, JUDGE INDICTED IN SEX ATTEMPT-BRIBERY INCIDENT

The panel accused James A. Baber III, a substitute judge, of attempting to sodomize a client, and Murray J. Janus of bribing the woman to keep her from testifying about the assault. The pair are senior partners in the firm of Bremner, Baber & Janus.

Robert G. Cabell Jr., the attorney for Baber, had no comment on the charge. James C. Roberts, who represents Janus, said a $10,000 payment to the woman was to resolve any possible civil complaint against Baber and the firm. The transaction was legitimate, and no bribery occurred, Roberts said.

Circuit Judge James B. Wilkinson immediately disqualified himself from presiding over the cases, and other city circuit judges are expected to do the same. If they do, Chief Justice Harry L. Carrico of the Virginia Supreme Court will appoint a judge to handle the cases.

The defendants probably will turn themselves in after a judge is appointed, Roberts said.

LaDonna Wright, a special agent for the State Police Bureau of Criminal Investigation, headed the investigation and appeared before the grand jury. She had no comment. Nor did an assistant from the office of Virginia Beach Commonwealth's Attorney Robert J. Humphreys.

Wilkinson appointed Humphreys special prosecutor in the case after Richmond Commonwealth's Attorney David M. Hicks and Hanover prosecutor Eddie R. Vaughn Jr. disqualified themselves.

Hicks was an associate in Baber and Janus' firm before he was elected commonwealth's attorney and took office in January 1994. Vaughn withdrew because he may be a witness against Janus, according to sources familiar with the case.

The sources told the Richmond Times-Dispatch that the woman, who is in her mid-20s, went to Baber's office on Feb. 27 seeking legal help in a divorce.

She told him she did not have money to pay his fee immediately but could pay him in monthly installments. On her way out, Baber allegedly suggested a sexual act as a symbol of her good faith in paying the fee, a source said.

As soon as she got home. the woman called a Henrico County policeman she knew, the source said, and he referred her to Richmond police.

Detectives interviewed her the next day. Because they knew Hicks had been in Baber's firm, a detective talked to a deputy prosecutor in Hicks' office who conveyed the allegation to Hicks, sources said.

Hicks telephoned Janus and asked him whether any prosecutors had any special animosity for him, sources said.

Hicks then asked Vaughn to look into the matter.

During the investigation, Vaughn became aware of an offer to pay the woman and told Janus not to cross the line between proposing a civil settlement and offering money not to proceed with the criminal charge, the sources said.

Vaughn believed that such an offer was made, and a telephone conversation between Janus and the woman was tape-recorded, as was the meeting between Janus and the woman. At that meeting Janus gave her a check drawn on the firm's trust account and she signed a release of any civil claim, sources said.

The charge against Baber, 65, carries a penalty of two to 10 years in prison. The charge against Janus, 56, carries a prison term of up to five years.