PORTSMOUTH, Va. (WVEC) — A judge upheld a Portsmouth city councilman's conviction on Wednesday.
Mark Whitaker had been found guilty on three counts of forgery back in July. At a sentencing hearing, the judge also upheld the jury's recommendations of a $2,500 fine for each count, making the total fine $7,500.
Whitaker said there was no forgery in this case, but the jury of his peers, and Wednesday a judge, disagree. Now, the Councilman waits for the paperwork, which will make the convictions official.
Whitaker's family has stood by him throughout this entire trial. They stayed by his side as he addressed reporters after the judge sentenced him on the three forgery charges.
“I stand here honored to be in a tradition of those who have been wrongfully convicted,” he said. “That's what our history shows. Whenever black men like myself stand out like we do, we become a threat and this is not unusual.”
These charges involve the credit union for Whitaker's church and a development project the church wanted to pursue. In July, a jury decided Whitaker forged contractor Kevin Blount’s signature on financial documents.
As soon as the order affirming those verdicts is signed and entered in court, the conviction is official. State law says Whitaker would automatically be suspended from his City Council seat when that happens. The councilman told reporters he still plans to be at the next council meeting.
“I will continue to serve in my capacity, as long as it is legal for me to do so,” he added.
State law also says a convicted felon can't run for office, but Whitaker's attorney told 13News Now there is still a way the Councilman can run for re-election in November.
“He has not been sentenced to any period of incarceration,” defense attorney Jon Babineau explained. “He is not on probation He is eligible to have his civil rights restored immediately, which means he is eligible to be elected to office.”
There is no official word on how long the restoration of civil rights process could take and if it will be complete before Election Day.
Whitaker originally faced 20 charges, including identity theft and fraud. During his trial, the judge dismissed 17 of the charges, citing lack of evidence. The only three that stood were for forgery. They involved Whitaker’s alleged victim, Kevin Blount.
During the trial, Blount testified that he is a contractor who worked with Whitaker’s church, New Bethel Baptist, to redevelop a dilapidated apartment complex across the street.
When the church tried to raise an additional $35,000 to finish the project, Blount said he did not give permission to borrow against his name and his now-defunct construction company, Valor Construction. However, a loan application and checks were cashed in his name through Whitaker’s credit union, New Bethel Federal Credit Union.
Whitaker said he also intends to appeal his conviction.
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