NORFOLK, Va. (WAVY) – A Norfolk judge has dismissed a request for a special grand jury to determine whether Norfolk Commonwealth’s Attorney Ramin Fatehi is a “public nuisance.”

Norfolk Circuit Court Everett Martin said the complaints from petitioners Amina Matheny-Willard and Zachary Lawrence do not constitute what’s considered a public nuisance under the law, citing precedent. Martin heard the petition on Monday, with Fatehi representing himself.

The petitioners’ complained that Fatehi failed to:

  • Disclose Brady materials timely to defense counsel
  • Prepare adequately for trial
  • Prosecute wrongdoers competently
  • Keep victims and witnesses informed of proceedings

“The Court is only required to summon a grand jury when there is a complaint ‘setting forth the existence of a public or common nuisance.’ The present petition merely alleges the existence of a public of common nuisance,” the judge wrote. “The Court finds as a matter of law it does not set forth the existence of one.”

Matheny-Willard, who plans to appeal, was sanctioned a $500 fine by the judge.

You can read the full decision by the judge here and look for more coverage coming up from WAVY’s Andy Fox.