Norfolk delegate’s bill banning police from using fake documents voted down

Arguing the justice system should prioritize victims, Republicans in the House of Delegates on Friday voted down a Norfolk delegate’s bill banning police from using falsified documents while interrogating suspects.

“How many times has this been used to find out about a murder, find out about a rape, find out about a break in?” asked Del. Wren Williams, R-Patrick. “Aren’t we supposed to be using the justice system to make it just for our victims?”

Del. Jackie Glass, D-Norfolk, introduced the bill following a state investigation that found the Virginia Beach police had used forged documents to obtain confessions from suspects. Her legislation prohibited the use of fake replica documents and defined such documents as any that contained a false statement, signature, seal, letterhead, or contact information, or materially misrepresented any fact.

On Friday, Glass told the Courts of Justice subcommittee the bill would protect the integrity and reputation of Virginia’s forensic scientists and law enforcement.

“We want to send a statement that falsifying documents is not something that is acceptable or common practice in the commonwealth,” she said.

Norfolk Commonwealth’s Attorney Ramin Fatehi also spoke out on the bill’s behalf, arguing that allowing police to forge documents “crosses the line” and damages the public’s confidence in the criminal justice system.

Madison County Commonwealth’s Attorney Clarissa Berry opposed the bill, saying the courts will protect individual rights.

“Whether or not a confession is coerced is a question for the trial court,” she said.

After a discussion, the subcommittee voted 5-3 to kill the bill. The vote fell along party lines.

Virginia Beach Public Defender Cal Bain told The Virginian-Pilot he is disappointed the bill won’t be moving forward. The attorney said forged documents lead to an increased likelihood of false confessions.

“Victims deserve to know that the person who actually committed the crime against them is the person who was caught and punished,” he wrote in an email. “The use of fake and forged evidence inevitably undermines this confidence in our criminal justice system.”

André Hakes, president of the Virginia Association of Criminal Defense Lawyers, hopes Democrats will try again next year.

“It doesn’t seem like a controversial idea to me that this shouldn’t be happening,” he said Monday. “It’s just a terrible policy.”

An investigation by the state attorney general’s office found that on at least five occasions from March 2016 to February 2020, Virginia Beach police showed fake lab certificates to suspects. The documents indicated the person had been connected to a crime through DNA evidence. Forged paperwork was offered as evidence in court during at least one case.

The practice was discovered in April 2021 after a Virginia Beach prosecutor asked the Department of Forensic Science to provide a certified copy of one of the forged documents.

When asked for comment about Glass’s bill, a Virginia Beach police spokesperson previously said the department has already worked to prevent this practice from recurring.

“As the chief has previously indicated in a variety of media and forums, the VBPD has already put into place internal protocols to ensure that the replica use of another agency’s documents will not be utilized or condoned in any investigation or interview,” the spokesperson wrote. “Even though now officially prohibited by policy, the actual last use of this practice was over two years ago.”

Katie King, katie.king@virginiamedia.com