Thomas D. Horne, Chief Judge
Owen D. Basham, Esquire
Deputy Commonwealth's Attorney
Office of the Commonwealth's Attorney for Loudoun County
20 East Market Street
Leesburg, Virginia 20176 Corrine Magee, Esquire
4085 Chain Bridge Road, Suite 501
Fairfax, Virginia 22030 Dear Counsel:
The Court has previously taken under advisement the request for a bill of particulars with respect to the charge of conspiracy. It is the contention of the defendant that she is entitled to a further particularization of the person or persons generally identified in Count II of the indictment by the use of the phrase "et.al.". In addition, she seeks to have the Commonwealth particularize the date of the agreement and the place where the agreement was formed.
Both the Commonwealth and the defendant recognize the office of a proper bill of particulars, not as a discovery device, but as a means by which the defendant may be informed of the nature of the accusation and as a protection against vexatious prosecutions. dsdBacigal, Va. Crim. Proc. §13-8 (4th ed.). The Court finds that the date and place of the conspiracy have been alleged with sufficient particularity to not require elaboration. However, the Commonwealth will be required to file a bill of particulars with respect to the identification of the other parties to the agreement. Where the names of such parties are not known to the Commonwealth they should be identified as "John Doe 1", "Jane Doe 1", etc. Each such person should, in addition be identified by such descriptive information as can be obtained. Where the number of additional conspirators is not known, the Commonwealth should so state.
Ms. Magee may draw an Order consistent with this opinion to which the parties may note their exception.
Very truly yours,
Thomas D. Horne, Chief Judge