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(Continued from Page 1) his attention. And Mr. Koniek told him—in our presence.”
i «ln affidavit filed January 12, Dowd and Leffler alleged that Koniek admitted wiping the weapon clean and that he had the action on his own initiative. Koniek denied that Diane Kidwell or anyone else had requested him to wipe off the shotgun, according to the attorneys. He admitted to Dowd and Leffler on December 7 that he had lied on two occasions to the commonwealth's attorney when questioned about the cleaned off shotgun, the defense attorneys reported.
According to the record, Koniek met with Baumgardner, Leffler and Dowd in his office on December 8 and admitted again all the previously stated allegations.
Memo From Baumgardner
The file also contains a memorandum from Douglas Baumgardner dated December 16 regarding a conversation in his office in which Koniek brought up the fingerprint wiping incident and asked if it would be an issue at Kidwell’s trial.
According to the commonwealth’s attorney’s memo, Koniek said:
—he didn’t trust Dowd and Leffler and the only reason for bringing out the information “would be to get him,"
—if the matter came out in court or elsewhere, he would “go down swinging” and was prepared to “spill his guts out” and “tell a lot of things, including some things that might be privileged.”
According to the memo, Koniek brought up the question of a possible ethics violation on his part and Baumgardner advised him that it was his, the commonwealth’s attorney’s, duty to report the matter to the Virginia State Bar. In his memo, Baumgardner stated that Koniek responded that if this came out, either through Bar proceedings or in Kidwell's trial, it would mean “the end of his career as an attorney in this community.”
According to the memo, Koniek repeatedly asked Baumgardner what he planned to do and maintained that wiping the gun clean was something he did “very quickly and spontaneously and that he was very concerned about the implications of what he had done... Mr. Koniek asked me on several occasions whether he should resign his license to practice law. 1 did not respond,” Baumgardner concluded in his memo.
Burch Appointed
In an order dated February 11, 1983, Judge Home appointed William T. Burch, commonwealth’s attorney in Loudoun, special prosecutor “in the Matter of David L. Koniek,” apparently agreeding with Baumgardner’s contention that it would be improper for him to prosecute.
A second order from Judge Horne effective May 16 gave Baumgardner permission to testify in disciplinary action brought by the Seventh District Committee of the Virginia Bar Association against Koniek.
The previously sealed record includes a transcript of a February 9 hearing in Loudoun. At that time, Judge Horne overruled a defense motion for dismissal of charges against Kidw-ell made on the grounds that her Sixth Amendment rights had been violated by Konick when he testifed before the special grand jury.
A ruling on the defense’s motion in limine regarding any evidence that the shotgun used by the defendant was wiped clean of fingerprints by Koniek was deferred, based on the prosecutor’s representation
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