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In January, acting on the advice of the State Bar Association, Baumgardner disqualified himself from prosecuting the case on grounds that he might be called as a material witness. Judge Horne named Steven A. Merrill, former assistant prosecutor for Fairfax County who is now in private practice, as Baumgardner’s replacement.
After a brief conference in chambers last January, lawyers for both sides jointly submitted a motion to continue the case to Feb. 25.
Kidwell’s attorneys, John Dowd, former chief of the Justice Department’s organized crime division, and Rodney Leffler, another former Fairfax prosecutor, met in chambers with Judge Home and Merrill Friday morning. After 10 minutes, they returned to the court room and a motion to close the hearing was presented.
With no objection from the Commonwealth, Judge Home consented to the request. Court clerk Diane Brace, two court reporters, Judge Home, the attorneys, Diane Kidwell and her husband Roger were the only persons remaining in the courtroom.
Washington, Va., lawyer Peter Luke, representing the Rappahannock News, petitioned Judge Home to re-open the hearing, but the judge overruled the motion.
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