Norfolk Democrat did offer House candidate money to run for School Board, but that’s not a bribe, prosecutor says – Virginian-Pilot

NORFOLK

It was legal for the city's Democratic Party chairman to offer a prospective House of Delegates candidate at least $5,000 to run for School Board instead, according to a special prosecutor.

Lynchburg Commonwealth's Attorney Michael Doucette said Linwood Fisher's offer of financial and political support to Joe Dillard Jr. did not amount to bribery. He noted that Fisher wasn't asking Dillard, the head of the NAACP in Norfolk, to perform any special favors for him in office.

"There is absolutely no evidence that any money offered by Mr. Fisher ... was with the intent to influence any act by Dillard in his potentially official capacity as either a member of the Norfolk School Board or the Virginia House of Delegates," Doucette wrote in a two-page letter to Norfolk Circuit Judge Junius Fulton. "Many of us legally contribute money to office candidates with no such intent and with no violation of the bribery laws."

Fisher said Friday he knew from the beginning he did nothing wrong.

"It feels pretty nice to be vindicated," he said.

Dillard is running against attorney Jay Jones for the Democratic nomination in the 89th District race. The seat is held by Del. Daun Hester, who is stepping down to run for city treasurer.

Doucette was appointed to investigate following an unusual chain of events. Without Dillard's authority, activist Michael Muhammad wrote Commonwealth's Attorney Greg Underwood in March alleging Fisher offered Dillard $10,000 to not run for the House. Underwood recused himself from any decision and requested a special prosecutor, prompting Doucette's appointment. Doucette then asked the state police to investigate.

During an April 26 interview with police, Dillard said Fisher offered him between $5,000 and $10,000 on Jan. 27 to run for School Board. Doucette said the House election did not come up, but it would be natural to conclude that he would not be able to run for both seats at the same time.

Dillard said he contacted Fisher on Feb. 9 to turn down the offer, according to Doucette. Dillard contacted Fisher again two days later to say he was running for the House seat.

News of Dillard's candidacy broke Feb. 13.

Dillard told the state police he did not know how Muhammad learned of the offer but said he didn't tell him, Doucette's statement said. Dillard added that he did not ask Muhammad to speak on his behalf and at no time believed Fisher had done anything wrong.

Community activist and onetime mayoral candidate Michael Muhammadmet with supporters near the Park Avenue Market in Norfolk on April 24, 2014.

In an email to Doucette, Muhammad rejected Dillard's statement to police as "unfactual."

Later in an interview,Muhammad said he talked to Dillard about what he'd heard from other Democrats and asked whether it was OK to go public. He said Dillard responded, "Mike, do what you gotta do."

Muhammadalso blasted the quality of the investigation, questioning whether police spoke with anyone besides Dillard.

"This wasn't an investigation. They took a politically advantageous statement from him and shut it down," Muhammad said, arguingDillard is wary of picking fights with the city's political power players.

Muhammad's original letter to Underwood said the offer was made on behalf of Evans Poston, a Democrat and Norfolk's commissioner of the revenue.

Poston, who is running for re-election, and Fisher said in March that Muhammads claims were untrue. Poston described the allegations as "election-year politics at its worst.

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Norfolk Democrat did offer House candidate money to run for School Board, but that's not a bribe, prosecutor says - Virginian-Pilot

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