By DAN TELVOCK
Spotsylvania County School Superintendent Jerry Hill's attorney wants a judge to force King George Commonwealth's Attorney Matt Britton to turn over documents used to indict the superintendent last year.
Hill was indicted in February 2006 for an election-law violation and obstruction of justice. Both charges were later dropped.
Britton was the special prosecutor in the case.
The election charge stemmed from a School Board-issued flier that argued the amount of a proposed 2005 bond was not high enough. The obstruction of justice charge stemmed from Britton's allegation that Hill removed information from documents a Spotsylvania Sheriff's Office detective requested.
Hill is now exploring a defamation lawsuit.
He sent Freedom of Information Act requests to the administration and commonwealth's attorneys in Spotsylvania and King George counties for records used in the investigation and information about insurance policies for public officials and constitutional officers.
In a filing this week in King George County Circuit Court, Steven Webster, Hill's attorney, charges that Britton violated the Freedom of Information Act by claiming a blanket exemption, and refusing to turn over any records.
Webster's filing argues Britton should be assessed civil penalties up to $2,500.
In denying the FOIA request, Britton noted a variety of code sections to show his records are exempt from disclosure. One section of the law exempts "complaints, memoranda, correspondence, case files or reports, witness statements, and evidence related to a criminal investigation or prosecution, other than criminal incident information "
To date, Hill has received insurance policies and more than 60 pages of e-mails from a host of elected officials, residents and Republican activists. Hill has spent more than $800 for the information.
Webster is seeking other options with Spotsylvania County's administration, which said it would cost $38,000 to retrieve e-mails related to the FOIA request.
Britton could not immediately be reached for comment. Webster declined to comment.
Dan Telvock: 540/374-5438