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Crime and Courts


VIRGINIA APPEALS COURT OVERTURNS CONTEMPT CONVICTION OF WOMAN WHO SMOKED POT
BEFORE TESTIFYING

BY JULIE CAREY, NEWS4 NORTHERN VIRGINIA BUREAU CHIEF • PUBLISHED 1 HOUR AGO •
UPDATED 1 HOUR AGO


NBC Universal, Inc. Virginia’s court of appeals overturned a contempt conviction
of a domestic violence victim who admitted smoking marijuana before testifying
at trial. Northern Virginia Bureau Chief Julie Carey reports the appeals court
found the judge violated the woman’s rights when he ordered her to jail.

The Court of Appeals of Virginia overturned the contempt conviction of a
domestic violence victim who admitted smoking marijuana before testifying at
trial.

As Katie Orndoff testified against her former partner in September 2021, Judge
James Fisher criticized her behavior, asking if she was under the influence.
Orndoff admitted she had smoked marijuana.

Fisher issued a summary contempt order, had her arrested on the spot and ordered
a blood draw. He sentenced her to 10 days in the county jail.

Attorney Thomas Plofchan — taking on the case pro bono — appealed. This week the
appeals court overturned the misdemeanor conviction, writing: “The circuit court
impermissibly exercised the power of summary contempt in violation of Ms.
Orndoff’s rights to notice of the contempt charge, a fair hearing and
representation by counsel.”

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“It’s not just a moral victory,” Plofchan said. “It removes the stain of
criminal conviction.”

“She was made to feel that she had done something wrong by coming forward and
she’s validated,” he said.

The judge’s action in 2021 led to a demonstration at the courthouse and concern
other victims might not step forward.


NORTHERN VIRGINIA

Northern Virginia news, events and updates

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BATHROOM

“They don’t want someone chastising them,” Plofchan said. “Oftentimes it’s very
difficult even just to confront the accuser, but if they feel they are also
trying to confront the court system, that deters our ability to seek justice and
protect those who are most vulnerable.”

Lisa Sales, a survivor and victim’s rights advocate, hopes the appeals court’s
ruling sends a new message.

“That you can step forward, that your voice won’t be chilled, that you can fight
against the system, that you should report, because we can’t uncover wrongdoing
if we don’t report,” she said.

News4 was unable to reach Orndoff for her reaction.

Fisher replied in an email that ethics rules prevent him from commenting on the
appeals court’s decision.

When Orndoff was jailed, a mistrial was called, but the man accused in the case
eventually pleaded guilty to misdemeanor assault and battery.

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THIS ARTICLE TAGGED UNDER:

Crime and CourtsNorthern VirginiaLoudoun County



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