A Richmond judge today criticized the City Attorney’s Office for a lack of preparation in handling a case involving alleged violations of the city’s noise ordinance.
General District Judge Phillip L. Hairston said in court today that he was considering dismissing the cases against a Richmond woman and three members of a music band because Assistant City Attorney Nicholas Simopoulos requested more time to prepare.
But Steven Benjamin, the attorney representing the four defendants, said he did not want the cases dismissed unless the judge also would rule on a defense motion challenging the constitutionality of the noise ordinance.
The judge said he did not wish to rule on that motion, or on another one alleging an unlawful search by police, unless both sides were ready to argue them. Simopoulos said he had not been given the case until last Thursday.
The judge postponed the hearing until Oct. 18, faulting the City Attorney’s Office but not Simopoulos individually. The judge also said that the Commonwealth’s Attorney’s Office could have been more prepared.
Also today, another defendant cited for violating the ordinance came before Hairston in an unrelated case. The judge agreed to dismiss the case against Lance Koehler, 38, if he completes 16 hours of community service.
The city noise violation carries a maximum punishment of up to six months in jail and a $1,000 fine.
The defendants represented by Benjamin said after today’s hearing that, even though the judge was considering dismissing their cases, they believe it’s important that the judge rules on the constitutionality of the ordinance.
Defendant Timothy R. Morris, an instructor at Virginia Commonwealth University, said that getting clarity on this issue is important not only to him and the other defendants, but to residents throughout the city.
“We need closure,” he said, adding that he was frustrated that attorneys from the city had been unprepared, calling this morning’s hearing a waste of his time.
Morris, 29, performs in a band called “Little Master” with codefendants Leah M. Clancy, 28, who plays bass, and drummer Michael G. Bourlotos, 24.
The three were playing during a party April 4 at the home of Rozalia Janicki, who also was charged, when the police arrived after 11 p.m. The home is in the 1200 block of West Clay Street.
Benjamin’s motion to dismiss the cases argues that the noise ordinance is unreasonably vague and restricts free speech based on content by promoting “the establishment of religion” because it includes religion-based exemptions for certain sounds, such as church bells.
He also filed a motion to throw out the case because, according to his motion, the police unlawfully entered the home and searched it with no search warrant and no probable cause that a crime had been committed.
Benjamin said that Hairston in April asked both sides to file written legal briefs stating their positions, but that the City Attorney’s Office had failed to do so.
During today’s hearing, Simopoulos told the judge he “strenuously” disagreed with Benjamin’s position that the ordinance is unconstitutional.
Simopoulos declined to comment.
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