Trials for two Williamsburg cases involving the theft of construction materials may again be delayed to search for a new prosecutor.
Patricia Nagel, who represents contractor James Jenkins, filed a motion Oct. 24 in Williamsburg-James City County Court, objecting to the appointment of the Hampton Commonwealth’s Attorney Anton Bell or “his designees.”
In the motion, Nagel argued Deputy Attorney Sheree Konstantinou — who is married to the cousin of Demetrios Florakis, one of the men accused — may influence the case.
On Nov. 5, the Hampton office filed identical motions in the Florakis and Jenkins cases to request recusal.
In October, Williamsburg-James City County Commonwealth Attorney Nate Green recused himself from Jenkins’ and Florakis’ cases after Nagel accused him of asking a Williamsburg Police investigator to illegally record an interview with Jenkins and Nagel.
Despite Green receiving confirmation from the Virginia State Bar that his actions were not illegal, Green stepped down and a judge appointed Bell’s office to take charge of both cases.
Florakis, who also serves as chairman of the City of Williamsburg’s Planning Commission, is accused of embezzling from Courthouse Construction Inc., with whom he partnered on a project that converted a Quality Inn on Richmond Road into apartments called City Lofts.
Florakis was arrested in February for the alleged incident that occurred April 28, 2013.
Jenkins, a 32-year-old contractor who worked with both Florakis and Courthouse Construction Inc., is accused of transporting materials from the construction site to an apartment owned by Florakis.
He allegedly returned the construction materials — worth more than $200 — to Lowe’s last year, and then repurchased them at a significant discount three days later, according to court documents.
Nagel’s Oct. 24 motion states Konstantinou and her husband — who is also a lawyer in Hampton Roads — may have given Florakis legal advice pertaining to the case.
She called Konstantinou an “interested party to the case” and said the families maintain a “close, familiar relationship.”
“As Deputy Commonwealth’s Attorney, Sheree Konstantinou is in position to influence the outcome of the case and make decisions bearing upon the outcome of the case, including to whom in her office the case is assigned for prosecution,” Nagel wrote in the motion.
Nagel requested the court “avoid appointing a special prosecutor in the Hampton Roads or Tidewater area,” where Florakis’ attorney, Tommy Norment Jr., serves as a state senator representing the third district.
The Nov. 5 motion for recusal from the Hampton Commonwealth’s Attorney’s Office calls Nagel’s information “inaccurate,” but acknowledge Konstantinou has a personal relationship with both Jenkins and Florakis that precludes her from having any involvement with the cases.
Shakita Massey, the Assistant Commonwealth’s Attorney assigned to the case, stated although she does not personally know the co-defendants, she has been contacted by the complainants, a married couple who partnered with Florakis on the City Lofts project.
The motion said the couple was concerned the Konstantinous’ relationship to Florakis “could potentially impact or appear to impact both of the upcoming trials.”
Although a two-day trial is scheduled this week for Florakis, it is expected a judge will only hear motions for both Florakis and Jenkins, Massey said in an interview with WYDaily.
In a separate motion filed Oct. 24, Nagel claims the Williamsburg-James City County court reporter failed to include certain statements made by both she and Green during Jenkins’ preliminary hearing Sept. 29.
She requests the alleged omitted statements — which pertain to whether Green filed a motion to recuse himself before or after a Sept. 29 hearing — be included in the transcript.
Nagel told WYDaily in October she plans to file a motion to have Williamsburg-James City County Circuit Court Judge Michael McGinty recuse himself for Jenkins’ case. She claimed Norment, Florakis’ attorney, was “largely responsible” for McGinty’s appointment to the bench.
Both cases are expected to appear in Williamsburg-James City County Circuit Court at 11 a.m. Thursday.
Related Coverage:
- New Prosecutor Assigned for Cases Against Planning Commission Chairman, Contractor
- Commonwealth’s Attorney Requests Recusal City Lofts Grand Larceny Case
- Judge: Search Did Not Violate City Planning Commission Chairman’s Constitutional Rights
- Court Documents: Stolen Construction Materials Found at Property Owned by City Planning Commission Chairman
- City Planning Commission Chairman Indicted on Embezzlement Charge
Correction: The Sept. 29 hearing was not a preliminary hearing.
