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TMCNet:  Newport News man gets 3-week reprieve to prison sentence

[December 10, 2012]

Newport News man gets 3-week reprieve to prison sentence

Dec 09, 2012 (Daily Press (Newport News - McClatchy-Tribune Information Services via COMTEX) -- A Newport News man convicted on federal child pornography charges was recently granted an additional three weeks to report to prison.

Michael Rutherford had initially been ordered to begin serving his prison term on Nov. 26.

The Federal Bureau of Prisons had not designated a facility for Rutherford, however, so his attorney requested that he be given an extension rather than report to a local jail until his federal prison assignment could be determined, according to court documents.


"It is respectfully submitted that given the nature of the crimes for which he was convicted there is a legitimate concern for the Defendant's safety and well-being if he is held in a local facility," wrote Tim Clancy, Rutherford's defense attorney.

In October, U.S. District Judge Arenda Wright Allen sentenced Rutherford, 49, to three years in prison on two child pornography charges.

Rutherford is under pretrial supervision, which means he's assigned to a federal probation officer until he begins his prison term, Clancy said Friday.

Clancy said a reporting extension is "sometimes an option for individuals who are not a threat to themselves or others." Authorities say Rutherford viewed 3,182 images of child pornography via the Internet on his home computer. The pornography included photos and videos. The pornographic images found on Rutherford's computer ranged from toddlers to adults, according to court testimony.

Rutherford was arrested at his Newport News home in March 2010, when the Italian State Police notified federal authorities about a website Rutherford had visited.

On Nov. 26 Allen granted the motion to extend the reporting date, ordering Rutherford to report on Dec. 17 to begin serving his sentence.

New State Bar president A Hampton Roads attorney is the new president-elect of the Virginia State Bar, a state agency that oversees and disciplines attorneys statewide.

Kevin E. Martingayle, of Virginia Beach, will assume that post after the annual meeting in June 2013.

Martingayle was chosen by members over Raymond B. Benzinger.

The Virginia State Bar is an arm of the Virginia Supreme Court, and is distinct from the Virginia Bar Association, a trade group for lawyers.

Martingayle, owner and partner of Bischoff Martingayle, has been active with the bar, including as a district representative and as a member of the executive, finance, and legal ethics committees.

Martingayle, a Richmond native, graduated of Hampden-Sydney College and has a law degree from the University of Virginia School of Law, 1991.

His practice focuses on appeals; civil, commercial, employment, and estate litigation; civil rights; and constitutional, land use and zoning, and municipal and administrative law.

He is married to Elisabeth Martingayle and has three children.

Virginia prosecutor goes to N'Orleans A high-ranking federal prosecutor in Virginia is going to New Orleans to fill an emergency opening there.

According to media reports, U.S. Attorney Jim Letten -- who prosecuted Louisiana's former governor and others on corruption charges -- resigned Thursday after two of his deputies became ensnared in a scandal.

Two of his deputies are accused of posting anonymous comments critical of judges.

The Justice Department has appointed Dana Boente, the top assistant to U.S. Attorney Neil MacBride of the Eastern District of Virginia, to take his place.

According to the Associated Press, Boente has served as first assistant U.S. attorney for the Eastern District of Virginia since 2007. The AP said Boente joined the department in 1984, and has worked in the Justice Department's tax division and has handled fraud prosecutions in Virginia.

According to the Huffington Post, one of Letten's prosecutors, Sal Perricone, criticized judges and politicians in anonymous posts on The Times-Picayune's website.

The Huffington Post story said that Perricone "described a federal judge in New Orleans as someone who 'loves killers,' and charged that 'Obama and his West Wing band of Bolsheviks have a master design to strangle America's economy.'" ___ (c)2012 Daily Press (Newport News, Va.) Visit the Daily Press (Newport News, Va.) at www.dailypress.com Distributed by MCT Information Services

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