Then Commonwealth's Attorney Linda Curtis surprised everyone. Just days before Warren Tomlin, Ricky's third defense lawyer, met with Gov. Jim Gilmore's top adviser to discuss clemency for Ricky, Tomlin made one final plea for access to the file. On Saturday, Oct. 23, Curtis granted his request - and then some. Curtis couldn't explain why she agreed to open the file. The law requires prosecutors to share only exculpatory evidence with the defense and then only with the first attorney.
Some prosecutors do more.
Some do the minimum. Before Oct. 23 Curtis' office had done the latter in Ricky's case. I was surprised, and appreciative. I didn't have that was clearly exculpatory. The file includes a 13-page written statement Ricky gave police on the night Danny Caldwell was shot.