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COMMONWEALTH OF VIRGINIA v. WILLIAM BRADLEY ELLIS

Thomas D. Horne, Chief Judge

MEMORANDUM OPINION AND ORDER

Counsel for the Defendant has requested that the Court reconsider its earlier refusal to authorize the expenditure of funds for a private investigator to be retained to "find and interview potential witnesses". He further states that he "may have a conflict in the event potential witnesses provide exculpatory evidence during interviews and at trial, and provide inconsistent statements". Lastly, he suggests that, absent the appointment of an investigator, he will be forced to request withdrawal from the case because of economic hardships arising from such appointment.

Clearly, the Court may approve or award such compensation. Va. Code Ann. § 19.2-332. However, Counsel's generalized request lacks the particularization necessary to properly evaluate the request. He only states that he will need to identify and interview witnesses and that an unspecified "someone" will assist him at a cost of $2,500.00.

The Court finds this generalized request insufficient to justify the expenditure of public funds.

Counsel for the defendant's motions are denied with leave to file a particularized request, should he be so advised.

ENTERED this ___ day of May, 2001.

__________


Thomas D. Horne, Chief Judge

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Commonwealth v. Ellis
(May 30, 2001)