PenthouseClosedEnd wrote:Barber tweeted today that the Rose clan and their comrade were indicted by the Grand Jury for mugging the baseball player.
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Four JMU Players Indicted In Assault Posted February 23, 2011 12:00 AM EST
Defendants Want Same Attorneys
By Mike Barber
HARRISONBURG - A Rockingham County grand jury handed up indictments against four James Madison University football players Tuesday stemming from a November assault. But the cases against Anthony Rose, Jonathan Rose, Peter Rose and Jonathan Williams are temporarily on hold.
Attorney Andrew Graves appeared in court with both Peter Rose and Williams and told Circuit Court Judge T.J. Wilson he is awaiting an advisory opinion from the Virginia State Bar Association on whether he can represent both defendants or if it creates a conflict.
Attorney Aaron Graves - Andrew's cousin who works at a separate practice - has asked the state bar for a similar ruling to represent Anthony and Jonathan Rose, who were also present in court Tuesday.
All parties are due back in court March 28. The defendants remain free on bond.
On Tuesday, Jonathan Rose, 22, Peter Rose, 21, and Jonathan Williams, 22, were indicted on the single felony charge of malicious wounding by mob. Anthony Rose, 18, was indicted on one count of conspiracy to commit malicious wounding by mob.
Former JMU baseball player Matt Townsend was assaulted Nov. 15 and spent three days at Rockingham Memorial Hospital, sources say.
Police arrested the Rose brothers Dec. 3 and Williams the next day, charging them in connection with the assault.
They have been suspended from the JMU team for all football-related activities.
At Tuesday's hearing, Wilson told Peter Rose and Williams they have the right to be individually represented by separate attorneys.
"It's potentially a conflict situation for him," Wilson said, referring to Andrew Graves. The judge referred to the attorney's plan to represent both as "very unusual."
But Peter Rose and Williams, when asked directly, both told Wilson they wanted Andrew Graves - the brother-in-law of JMU assistant coach Kyle Gillenwater - to be their attorney.
Andrew Graves told Wilson he didn't expect the bar to take more than 30 days to respond to his request for the advisement.
He also said that if he does represent both defendants, he plans to ask for a jury trial.
Scott Sundby, a professor of law at Washington and Lee University, said one attorney representing two defendants can raise multiple conflicts.
"Anytime we have multiple representation, there is a concern that the lawyer will be able to serve both adequately if they have possibly conflicting stories or interests," Sundby said Tuesday. "It is something we approach warily in the legal system. That said, it's certainly not unheard of."
Sundby said the ultimate decision rests with the defendants themselves.
"There are potential problems," he said. "We want to make sure the defendants understand the potential problems. But as long as they understand the conflict, they can waive the right to separate representation."
Sundby said financial factors are sometimes a consideration when defendants opt for shared counsel.
If the state bar advises Graves not to represent both, he may not be able to represent either, Sundby said.
"It probably depends on how much information the lawyer has learned already from the potential clients," Sundby said. "If he has learned information from both, he would probably have confidential information that would preclude him from representing either."........"
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This is weird. 3 of the 4 defendants are brothers. The 2 attorneys are cousins, and one of them is the brother in law of the defensive coordinator.