PORTSMOUTH, Va. (WVEC) — PORTSMOUTH, Va. (WVEC) — A jury found Portsmouth City Councilman Mark Whitaker guilty on three counts of forgery Wednesday afternoon. Jurors recommended he pay $7,500 in fines ($2,500 for each count).
The jury deliberated for 3.5 hours and found that special prosecutor Andrew Robbins presented enough circumstantial evidence to find Whitaker guilty of all three felony forgery charges.
After the jury read its verdict, defense attorneys Don Scott and Jon Babineau said they will file a motion for the judge to set aside the jury’s verdict.
The defense argues the jury doesn’t fully understand the law and the evidence presented in the case. Judge Harold W. Burgess Jr. said he will take jury verdict “under advisement” until sentencing hearing scheduled for September 26.
“There was not one credible witness, not even an incredible witness that said Mark Whitaker affixed any signature any stamp anything to any document not one,” said defense attorney Don Scott.
In closing arguments Wednesday, Robbins repeated “the ends do not justify the means” and said Whitaker was the “center of the storm” behind a forgery “scheme.” Robbins said Whitaker was someone who signed any documents needed to finish his church’s redevelopment project.
The defense argued there is no evidence presented in the case that proves Whitaker signed any documents using alleged victim Kevin Blount’s name. The defense said it is not possible to convict a man of good character when there is zero evidence.
During jury deliberations, they returned with one question, “what is the legal definition of forgery?” The judge told the jury to read the instructions provided and return to deliberate.
Despite the ruling, Whitaker said he feels encouraged to push forward.
“This is part of the process of a road that is long winding that leads to vindication and exoneration,” said Whitaker. “This is the fourth quarter and we’re going into overtime.”
Whitaker originally faced 20 charges, including identity theft and fraud. Tuesday, 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.
In court Tuesday, Blount testified, explaining he is a contractor who worked with Whitaker’s church, New Bethel Baptist Church to redevelop a dilapidated apartment complex across the street.
When the church tried to raise an additional $35-thousand 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.
After court Tuesday, Whitaker’s wife Ingrid said justice was done.
“It’s been very difficult but we kept ourselves in prayer and were just grateful for all the support we have gotten,” said Whitaker.
On the first day of the trial, Whitaker's father took the stand as a witness. James Whitaker maintained his son's innocence, claiming he gave all church board members permission to use his signature on payments.
Philip Whitaker, Mark Whitaker’s brother, also took the stand. Philip Whitaker served as a board member of the credit union and served as a loan officer. He said he’s the one who approved and issued loans, not his brother.