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

PETITION FOR ACCESS TO GRAND JURY

Come now the Petitioners, several citizens of Petersburg and the Commonwealth of Virginia, as individuals who are also citizens of an unincorporated association, and in support of their Petition to be Permitted to Appear Before a Grand Jury, either Special or General, in accordance with Virginia Code §§19.2-191 (2) and 19.2-206, as amended, state as follows:

1. The unnamed Petitioners described above are all citizens and domiciliaries of the City of Petersburg and/or the Commonwealth of Virginia who wish to maintain their anonymity at this point in time until the case file for this matter is sealed by order of the court, in order to protect themselves from possible threat or harassment;

2. Your Petitioners seek to bring to the attention of a Petersburg Grand Jury or Special Grand Jury certain information concerning conditions which involve or tend to promote criminal activity, either in the community or by governmental authority, agency, or official thereof, so that the Grand Jury panel might determine whether they wish to investigate and make a report thereon; or otherwise vote as to whether they recommend that a Special Grand Jury be impaneled to perform such functions, all in accordance with Virginia Code §§19.2-191(2) and 19.2-200, as amended.

3. In order not to disturb the secrecy of potential Grand Jury proceedings, the Petitioners would state only that the general subject matter of the proposed testimony involves the payment of kickbacks, conflicts of interest, embezzlement and other unlawful or unethical behavior, and concerns conditions which involve or tend to promote criminal activity, either in the community or by government authorities, agencies, or officials thereof;

4. The Petitioners further request that a hearing on this Petition, if required by the Court prior to the entry of the requested Order, be closed to the public and the Petersburg Sheriff's Department such that any evidence which might be presented would not be publicly available, and further, that the testimony and evidence presented to the Court be sealed, and available only to members of the Grand Jury or upon appeal of this Petition.

5. Your Petitioners aver that the evidence of unlawful and improper behavior in their possession concerns a variety of unusually wealthy and powerful corporate, professional, governmental and business interests in the City of Petersburg and elsewhere; that the Commonwealth's Attorney for the City of Petersburg is herself not a proper person to seek investigation or prosecution of the issues, or to make recommendations to the Grand Jury or appear before it in an advisory capacity in these matters; and further, that the judges of the Petersburg Circuit Court have previously recused themselves from prior related civil matters for proper reasons which would require their continued recusal in this matter; and further, that it would be inappropriate for the Honorable Donald H. Kent to hear this Petition, in that related civil matters have already been

before him.

6. Petitioners further aver that they are not required to provide detailed evidence to this court on these matters in advance of presenting it to the Grand Jury in order to obtain access to the panel; for to require such would be in derogation of the statutes and Constitution of Virginia and the United States, and a danger to the independence and purposes for which Grand Juries exist.

WHEREFORE, the Petitioners, by counsel, pray that this Court enter an Order providing them with a) adequate access to either a regular or special Grand Jury to present evidence regarding the matters set forth above; or b) on its own motion, appoint a Special Grand Jury to hear the evidence to be provided by the petitioning citizens or members of the petitioning association; and that further, if necessary, the court appoint a counsel with no connections to the City of Petersburg or the Virginia Attorney General's office to aid and assist such Grand Jury in legal matters and procedures which may be beyond their knowledge in investigating the evidence; the petitioners further pray that this file be sealed; and that the Sheriff's Deputies responsible for the security of the Grand Jury be ordered not to remain within its earshot during the presentation of evidence either with regard to this Petition or while the petitioners or their witnesses meet with the Grand Jury.

SEVERAL CITIZENS OF PETERSBURG

AND THE COMMONWEALTH OF VIRGINIA

By: _______________________________

Counsel

________________________________

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.: ______________

NOTICE

PLEASE TAKE NOTICE that on September 3, 2003, at 1:30 p.m., or as soon thereafter as counsel may be heard, I will argue before the Petersburg Circuit Court, located at 7 Courthouse Avenue, Petersburg, Virginia 23803, the Motion for the Honorable S. Baskervill to Recuse Herself from the Trial of this Matter and, over objection if the recusal is not forthcoming, the Petition for Access to Grand Jury.

SEVERAL CITIZENS OF PETERSBURG

AND THE COMMONWEALTH OF VIRGINIA

By: ________________________________

Counsel

________________________________