VIRGINIA BEACH, Va. (WVEC) — Newly released court documents explain that the Commonwealth’s Attorney’s office believes Merlino might have been pulling a stunt to delay his first sentencing, which was later continued due to him having a medical condition.
The affiant said: “This affiant is requesting this search for Joseph Vincent Merlino medical records to further this affiant’s investigation of obstruction of justice by Joseph Merlino.”
According to documents, on December 5th around 6:45 am, cameras show Merlino having a conversation with a Virginia Beach Sheriff's Deputy. The deputy said she told Merlino he had court and he needed to get dressed, but he told her his case was continued. Documents said Merlino didn't seem to be in any sort of distress.
Court Documents: Merlino stunt by 13News Now on Scribd
About an hour later, documents claim Merlino is seen placing a bed sheet to obstruct the view of the camera. It said, a deputy comes in about 15 minutes later and finds Merlino on the floor unresponsive.
The deputy then found a plastic bag with juice power and water with a straw attached to it. The deputy said Merlino had dried juice powder on the side of his face.
Documents explain that the jail doctor assessed Merlino and said he was fine. When Merlino came into the courtroom, he was having seizure-like symptoms. He was seen foaming at the mouth, twitching and was unresponsive.
The judge delayed his sentencing until the next week. Five hours after the continuance, documents said Merlino was seen walking freely in his cell.
Last week, He was then sentenced to life behind bars.
Documents said Merlino intentionally faked a medical emergency to avoid sentencing. The Commonwealth wanted to look at medical records into if, in fact, he was trying to delay his trial.
The Commonwealth's Attorney's spokesperson said they do not plan on bringing any further charges against Merlino.
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