Commonwealth v. Simmons

By Judge John W. Brown

I. Motion for Joinder

On the Commonwealth’s motion for joinder pursuant to Virginia Code § 19.2-262.1, the Court finds that the Commonwealth has shown good cause for joinder of the two defendants and the charges. It has been stated that, from *353the Commonwealth’s side, there will be forty witnesses and 100 pieces of physical evidence, including forensic evidence. Such a volume of evidence combined with the goal of judicial efficiency supports the request for a joint trial so long as the defendants are not prejudiced. Counsel for each defendant expressed concerns about the…