THE VIRGINIAN-PILOT 
              Copyright (c) 1996, Landmark Communications, Inc.

DATE: Saturday, August 3, 1996              TAG: 9608030309
SECTION: LOCAL                   PAGE: B7   EDITION: FINAL 
SOURCE: BY TOM HOLDEN, staff writer 
DATELINE: EASTVILLE                         LENGTH:   41 lines

BEACH OFFICIAL ASKS JUDGE TO DENY SUBPOENAS IN BOARD CASE JACKSON'S DEFENSE WANTS TO CALL MAYOR AND FIVE MEMBERS OF CITY COUNCIL.

A Virginia Beach city official asked a judge Friday to quash five subpoenas issued by an attorney defending School Board member Tim Jackson against charges of official misconduct.

Eastern Shore Circuit Court Judge Glen A. Tyler said he would rule on Monday but indicated that he was not inclined to grant the request, said Moody E. ``Sonny'' Stallings Jr., the defense attorney.

Stallings has subpoenaed City Council members Nancy K. Parker, Linwood O. Branch III, William S. Harrison Jr., Vice Mayor W.D. ``Will'' Sessoms Jr. and Mayor Meyera E. Oberndorf in his defense of Jackson.

The motion to dismiss the subpoenas came from L. Steven Emmert, an assistant city attorney acting on behalf of the council members.

The trial on the official misconduct charges is scheduled to begin Aug. 12.

The case went to the Northampton Circuit Court because local judges have excused themselves from the case. Local judges make appointments to the School Board. Tyler serves courts in Accomack and Northampton counties.

Jackson and Ferdinand V. Tolentino, a former board member, are charged with official misconduct for their role in the school district's financial problems that culminated in a $12.1 million budget deficit for the 1994-95 fiscal year.

In February, a special grand jury investigating the deficit called on seven board members to resign or face charges of misconduct. Although all denied the charges, five resigned.

Jackson and Tolentino remained, saying they wanted to defend their names.

Tolentino's term on the board has since expired, but Jackson has another two years to serve.

Tolentino is being represented by James O. Broccoletti.

Jackson and Tolentino also face conflict-of-interest and failure-to-disclose charges after they voted with fellow board members to pay up to $25,000 each in legal fees for themselves. Those charges would be considered at a separate trial.

Attorneys for the two have asked the court to dismiss the charges.

KEYWORDS: SUBPOENAS VIRGINIA BEACH SCHOOL BOARD by CNB