York-Poquoson Commonwealth’s Attorney Eileen Addison, who faced charges of professional misconduct.

Assistant Bar Counsel Kathryn Montgomery negotiated an agreed disposition for a public reprimand with Addison’s attorney, Rodney Leffler. An agreed disposition is comparable to a plea agreement. The disposition and the history of the case in question were explained during a conference call hearing with members of the Bar’s disciplinary board, Addison, Leffler, Montgomery and three clerks with the Bar.

Addison faced misconduct charges from her prosecution of Carlos Chapman, Marquis Edwards and Kwaume Edwards in the 2006 shooting death of Michael Tyler. Michael Morchower, the lawyer defending accused shooter Kwaume Edwards, alleged that Addison negotiated a plea agreement with Chapman’s lawyer, Doug Walter, for his testimony against his co-defendant Kwaume without notifying the defense. Morchower filed a motion for a new trial in May 2007, and Kwaume was acquitted.

In her agreed disposition, Addison acknowledged that she had violated two rules. First, she failed to make a timely disclosure to the defendant’s counsel of evidence that could negate the guilt of the accused, mitigate the degree of the offense or reduce the punishment. Second, she violated the rules of professional conduct.

During the conference call hearing, Montgomery said she was satisfied with the disposition because Addison has no prior record of misconduct.

Leffler said Addison was unaware that Chapman’s lawyer, Doug Walter, had told his client he would likely get a plea agreement after Kwaeme’s trial concluded. In letters, Walter told Chapman that if he had a plea agreement in place before Kwaeme’s trial, Morchower could argue the agreement impeached his testimony.

Leffler said Addison wished she had approached the bench in court when Chapman, under oath, testified a plea agreement offer had never been made. “She felt this is in the best interest of the Bar, the profession and the right thing to do,” he said. “She does embrace this disposition and asked the board to impose it.”

Barbara Lanier, clerk of the disciplinary system for the Virginia State Bar, said that if the board had not accepted her disposition, they could have sent her case on to a hearing date set for Sept. 23 or opted to suspend her for up to 60 days.

Addison is currently running for reelection for her position as Commonwealth’s Attorney, facing challenger Ben Hahn in the Aug. 23 Republican primary. In April, Hahn resigned from his position as an assistant commonwealth’s attorney in her office and declared his candidacy.

Timeline of Tyler Murder Trial

May 4, 2006: Michael Tyler shot as he approaches a car in York County, dying shortly after. Police arrest driver Marquis Edwards, front seat passenger Kwaume Edwards and backseat passenger Carlos Chapman. A gun is found hidden under clothing in the backseat.
May 11, 2006: Eileen Addison meets with Investigator Kevin Rowe, who says Chapman has changed his account of the shooting. He now says Kwaume, not Marquis, was the shooter. Marquis later corroborates this account.
Aug. 27, 2006: A competency and sanity report indicates Chapman has below average intellect. Based on this and his limited role in the shooting, the prosecution agrees the felony case against him is very weak.
Aug. 31, 2006: Addison discusses the possibility of a plea agreement for Chapman with his lawyer, Douglas Walter. Her notes indicate that she discussed a possible plea agreement on the condition Chapman testifies against Kwaume.
Sept. 16, 2006: The Virginia Commonwealth’s Attorney’s Case Information System for York County event page for Chapman’s case says, “Likely to be a plea agreement with Def testifying against co-Def(s).”
October 2006: In multiple letter exchanges, Chapman and Walter discuss the possibility of the defendant getting a plea agreement.
Nov. 3, 2006: Addison and Walter discuss continuing Chapman’s trial date after Kwaume’s trial. Addison indicated that, in view of Chapman’s minimal culpability and limited intellect, “we can probably resolve it with misdemeanors.” Walter advised his client of the discussion.
Nov. 14, 2006: Assistant Commonwealth’s Attorney Leslie Siman-Tov sends a letter disclosing information to Morchower. She said that she was unaware of the possible plea agreement and did not disclose the information.
Dec. 15, 2006: Walter writes Chapman a letter explaining that a plea agreement cannot be set until after Kwaume’s trial so that he would “honestly be able to testify that you have no set formal agreement in place.”
Dec. 15, 2006: Morchower files a motion for discovery, asking for any evidence affecting the credibility of any prosecution witness, including any information about an oral or written plea negotiation. Siman-Tov asks Addison if there is a plea agreement and she responds they’ll have to wait and see.
March 30, 2007: Addison’s co-counsel meets with Chapman and Walter to prepare his testimony. Addison is unavailable. At the meeting, Chapman is told there is no plea agreement. In April, they tell Morchower the same. Addison says she was unaware of his request for material or Siman-Tov’s response, partially because she was often out of the office from January to April while caring for a terminally ill friend.
April 24, 2007: Siman-Tov meets with Chapman and again indicates there is no plea deal. She also was unaware Addison had said his charges could be lowered to misdemeanors. Addison later admitted she should have made sure Siman-Tov asked Chapman if he expected consideration for his testimony.
April 26, 2007: Chapman testifies at Kwaume's trial that Kwaume was the shooter. He testifies he has no agreements with the prosecution and had not been offered consideration for his testimony. Addison remains silent
April 27, 2007: Jury finds Kwaume guilty of second degree murder, use of a firearm in a murder and shooting from an occupied vehicle. Addison and Walter work out a plea agreement for Chapman.
May 3, 2007: Chapman’s plea agreement is approved. He pleads guilty to two class 1 misdemeanors. He receives 12 months in jail and credit for time served.
May 11, 2007: Morchower files motion for new trial for Kwaume, alleging the Commonwealth failed to disclose its plea agreement understanding with Chapman, and alleging the Commonwealth knowingly elicited untruthful testimony regarding a plea agreement.
May 24, 2007: At a motion for a new trial, Addison learns of the correspondence between Walter and Chapman regarding a plea agreement.
Aug. 7, 2007: Court finds Kwaume was prejudiced by the non-disclosure of the plea agreement. In his retrial, Chapman does not testify and Kwaume is acquitted of both charges.
Late 2007: Addison tells a bar investigator that she was under no obligation to disclose her Nov. 3, 2006 comment to Walter because it was not an agreement. She says she was unaware Chapman had heard about this comment until May 2007 and maintains she would have offered the same thing without his testimony due to his minimal culpability and limited intellect.