Chester Brown’s wish for a new attorney was granted in Rappahannock County Circuit Court Monday, but a change of venue request was not accepted for his trial on charges of murdering Doris Critzer in her Washington home in August 2023.
Brown’s attorney Ryan Rakness told Judge Robert Smith that Brown “made his feelings clear” that he wanted a new attorney, so Rakness filed a motion to be dismissed as his counsel.
“[I] can’t adequately represent him,” Rakness said. “Our communication has broken down.”
Last month, Brown, 65, told the judge he had not spoken to Rakness in “two months and two days,” and asked him to be removed as counsel, even saying he would rather represent himself. The judge urged him to see whether things improve with a second attorney added to the defense team.
An attorney was to be appointed to the defense team, but the motion was withdrawn.
On Monday, the judge appointed the Public Defender’s Office to the case. Brown and his new attorney are scheduled to appear in court Jan. 15. Rakness said he will transfer his materials to the Public Defender’s Office in Warrenton “as fast as humanly possible” so they can begin reviewing the case.
Change of venue
The judge did not grant a change of venue, but accepted what Commonwealth’s Attorney Art Goff proposed as an “unusual” solution.
Citing Virginia law, Goff said instead of relocating the trial to Fauquier County, a pool of potential Rappahannock jurors could be called the Friday before the trial. If a jury could not be seated, a separate pool of potential jurors from Fauquier County could be lined up to appear Monday morning, and a jury could be selected.
“[This way] we don’t lose our trial date … if we have another venire (jury pool) standing by,” Goff said.
Goff warned that moving the trial to Fauquier County could make it hard to find an available week in the court’s crowded schedule. With 28–32 prosecution witnesses, coordinating their appearances has been “like herding cats,” he said.
Commonwealth’s Attorney Art Goff suggested instead of moving the trial to a different county, a backup jury pool from Fauquier County could be lined up and “standing by” in case a Rappahannock jury could not be seated ahead of the trial. (File photo/Luke Christopher)
“Smart play,” the judge said after reading the legal code that backed up Goff’s suggestion. “I don’t think, under our case law, there is anything that warrants a change of venue.”
Brown’s attorney Ryan Rakness had argued in court and in court documents that pretrial publicity and news photos of Brown in “jail clothes” could negatively impact him in trial.
News’ articles: ‘factual reporting’
Goff said articles from the Rappahannock News that Rakness cited are based on open court proceedings and filings in the courts, “none of which are inflammatory or highly prejudicial.”
“We don’t have mobs around the courthouse … we have factual reporting, in my view … of open court [proceedings],” Goff said.
When Brown spoke up, he reiterated his desire for a different venue, and for many of the pieces of forensic evidence to be retested. He said the last time he had a jury trial in Rappahannock, in which he was convicted of multiple gun charges linked to the theft of Critzer’s revolver, there was a “98-99% Caucasian jury pool.”
“I’m the only Black person in this courtroom … these people grew up with these people, they’re going to believe anything,” Brown said. “Everybody’s got blood in their eyes.
“Not that you can’t sit a jury, but it’s going to be a prejudiced jury … I don’t feel I can get a fair trial,” he said.
The judge said he understood Brown’s concerns, “but the law doesn’t agree with you at this time” that there is enough reason for a change of venue to be granted.
