V I R G I N I A:

IN THE CIRCUIT COURT OF THE CITY OF PETERSBURG

IN RE:The Petition of Several Citizens of the City of Petersburg and the Commonwealth of Virginia to be Granted Access to a Grand Jury to Provide Evidence Concerning Criminal and Unethical Activity in the Community and/or by Governmental Authorities, Agencies or Officials

Case No.: CH03-284

MOTION TO SPEED THE CAUSE AND FOR ACTION ON THE

PETITION OF THE SEVERAL CITIZENS OF THE CITY OF PETERSBURG, ETC.

Come now the Several Citizens of the City of Petersburg and the Commonwealth of Virginia, upon their petition and all motions previously filed, and move once again to have access to the Petersburg Grand Jury, for the reasons previously stated in their petition, motions, and oral arguments, as reflected in the transcripts that have been filed in this proceeding.

In support of this motion, the Several Citizens state as follows:

1. On October 10, 2003, Judge James F. D'Alton, Jr. entered the Order attached as Exhibit "A";

2. Neither the Several Citizens nor their counsel, Neil Kuchinsky, are aware of any investigation ever undertaken by the Petersburg Commonwealth's Attorney's Office regarding "possible improper contact with previously unconvened grand jurors";

3. In any event, given that "embracery" is a misdemeanor, the statute of limitations has passed for the taking of any such charges against any individual in this matter;

4. Furthermore, all five ethics charges occasioned by James F. D'Alton, Jr.'s complaint to the Virginia State Bar regarding counsel, Neil Kuchinsky, were variously withdrawn, stricken, or dismissed after a day-long hearing which took place in Williamsburg, Virginia, on June 4, 2004 (see Exhibit "B" allocated);

5. There is no valid, lawful, or ethical purpose on which to base the continued obstruction of Citizens who wish to use their constitutional rights and rights as free persons in the United States of America to have access to the Petersburg Grand Jury; and

6. Given that there are no further "investigations", there is no further reason for any materials in the above-styled case file to remain "sealed"; the seal should be removed so that the people have access to the inner workings of the court.

WHEREFORE, the several citizens, by counsel, pray that their petition and all prior motions heard, be finally ruled upon and determined in their favor so that they will have access to the Petersburg Grand Jury at a time of their choosing, without delay, without obstruction, and without threats of criminal or other actions being taken against them for insisting upon their legitimate rights in a free nation and that the record in this matter be completely unsealed.

SEVERAL CITIZENS OF PETERSBURG

AND THE COMMONWEALTH OF VIRGINIA

By:

Counsel

CERTIFICATE

I hereby certify that I have mailed, postage prepaid, a true and correct copy of the foregoing Motion to Cassandra Burns, Commonwealth Attorney for the City of Petersburg, 150 North Sycamore Street, Petersburg, Virginia 23805 this day of September, 2004.

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