While only a relatively few court cases end up going to trial, all still require the supervision of a prosecuting attorney to make sure the police have brought a valid case. This is Donald Caldwell’s job, as the elected Commonwealth Attorney for Roanoke City, assisted by the 13 attorneys and staff he supervises.
A common misconception about his job is that he acts as an independent crime investigator. In fact, Caldwell relies on the police for that – unlike what we may see on television. Caldwell, who prosecutes all crimes, both felonies and misdemeanors, was born in Roanoke, but grew up in Botetourt County. After his 1973 graduation from Virginia Military Institute he was obligated to do two years of active duty.
“But Vietnam was winding down, and they had a surplus of second lieutenants. So I went to a 90-day tour … with the reserve, Army infantry branch,” said Caldwell.
He went out as a full colonel and commanded the mobilization unit, which was activated again in 2003. “My last fifteen months of service were on active duty in support of [Operation] Iraqi Freedom, Iraq. Nobody thought [the war] would be going on six years later.”
After VMI, Caldwell earned a degree from T. C. Williams Law School in Richmond (1976.) Back in Roanoke, he worked as a member of the original public defenders office.
“The city’s was one of the first offices around the state to come into existence,” Caldwell said. Other counties with smaller criminal caseloads use court-appointed private attorneys.
In Roanoke City now, “we have approximately ten judges,” said Caldwell, who is active in Democrat Party politics at the moment. “We have a very heavy case load. It reflects the urban environment, and certainly a less affluent population compared to the surrounding jurisdictions.”
Caldwell switched from defense attorney to prosecution, and in 1979 he was appointed to take over the top job. After a special election in 1981, he went on to win a full term in 1982. He will be up for reelection this November.
Caldwell is scheduled to appear as a witness in an upcoming case involving Martin Jeffrey. Jeffery’s campaign manager, Mark Powell, has accused city party chair Tony Reed of verbal assault. Powell claims Caldwell was a bystander and witness. Powell was asking to see primary election filings from incumbent 11th District delegate Onzlee Ware, whom Jeffrey is challenging in a June 9 primary.
The Jeffrey campaign is seeking “to find technicalities that would … bar Onzlee’s running in the [Democratic] primary for the 11th district seat,” noted Caldwell. After being asked “to look into it,” he did just that. “I don’t do investigation. I can look into things and see. It simply involves 15 pieces of paper.”
He looked to see if there were the 125 signatures required by law and if they were executed properly. “I cannot figure out that complaint. I have reviewed the paper work and although I’m not ready to make an announcement yet, it appears there’s not any merit to their concerns.”
Powell’s charge of verbal assault allegedly took place during a conversation in which Caldwell was involved. The judge had to be changed to make sure there wouldn’t be an appearance of impropriety, because attorneys who appear regularly in the courts generally have a cordial working relationship with the judges. But no matter who presides, Caldwell said that his testimony would be that he saw or heard nothing that would amount to a verbal assault.
Disputes are part of life for commonwealth’s attorneys, and Caldwell takes it all in stride.
“My path led me to criminal law. I like to think I owe my longevity in this position to [the fact] that I’ve always tried to use common sense and always try to answer to the voters. On balance at the end of the day, I hope they perceive me as being honest – and trying to do the best I can,” Caldwell said.
