Prosecutor’s Ex-Aide Has Tainted Grand Jury Albert’s Lawyer Claims

Marv Albert’s lawyers Tuesday asked that the sex charges against the sportscaster be dismissed because a member of the grand jury that indicted him once worked for the prosecutor.

In court papers, defense attorney Roy Black said Amy Levine, one of the six grand jurors who indicted Albert in May, was campaign manager for Arlington County Commonwealth Attorney Richard Trodden.

“Such a close relationship by an advocate of the very prosecutor presenting the indictment clearly taints the makeup of the grand jury in this case, gives the appearance of bias and is in and of itself cause for this indictment to be dismissed,” Black said.

A spokeswoman for Trodden said he had no comment until a hearing on the matter on Thursday.

Levine was Trodden’s campaign manager in 1991 and again four years later, said David Kelly, who described himself as her companion and spoke on her behalf. Levine was subpoenaed to testify on Thursday, Kelly said.

In Virginia, judges select the grand jury pool from which grand jurors’ names are randomly drawn by court clerks. Commonwealth’s attorneys have no role in the selection process.

The NBC sportscaster is charged with forcible sodomy and assault and battery for allegedly biting a woman on the back and forcing her to perform oral sex in a hotel room Feb. 12. He could get life in prison.

His trial is scheduled for Sept. 22 and could face life in prison if convicted.

Albert may claim at trial that he had consensual sex with the woman. DNA results released last month showed his semen was found on her body and clothing.

In Tuesday’s filing, Black also argued that if the case goes to trial the jury should not be allowed to consider consensual sodomy between Albert and his accuser as a crime.