13. On information and belief, these two videos had not previously been shown to the public.
14. In the gallery watching the proceedings and the videos that day were national media
correspondents from the New York Times, the Washington Post, CNN, and the Associated
Press (“the media”), as well as avowed white nationalist Jason Kessler (“Kessler”).
15. Kessler is currently, and was at the time of the Fields preliminary hearing on December 14,
2017, facing perjury charges in Albermarle County for allegedly giving false statements to a
magistrate judge in an unrelated case. He is scheduled to be tried in March 2018.6
16. The contents of the two videos were widely reported on by the media and by Kessler in the
day following the hearing.
17. In a January 5, 2018 phone call, Platania and Antony told Evans the following about the
December 14, 2017 preliminary hearing:
a. Prior to the hearing, neither the Commonwealth’s Attorney nor the court provided
advance notice to the public that the two videos would be played or introduced into
evidence (except ten minutes prior to the hearing, when the Commonwealth’s
Attorney spoke to some of the victims to warn them about disturbing images
contained in the videos).
b. Prior to the hearing, neither the Commonwealth’s Attorney nor the court provided
advance notice to the public that a motion “to withdraw all exhibits” or other motion
to close the record would be issued or granted that day.
c. During the playing of two videos at the preliminary hearing on December 14, the in-
court screens were turned towards the gallery so that all present could see.
d. Assistant Commonwealth’s Attorney Antony confirmed that she was aware that
media were in the courtroom and watching during the playing of the videos.
e. Commonwealth’s Attorney Platania confirmed that the two videos were introduced
into evidence, and that Judge Downer relied upon the videos as evidence when he
certified James Fields’s case up to the Circuit Court.
f. According to Platania, the two videos were withdrawn from Fields’s case file, without
objection from the defense, through a motion “to withdraw all exhibits” that was
granted by the court.
g. According to Platania and Antony, this motion “to withdraw all exhibits” was issued
orally by Antony, consented to by Fields’s defense, and granted orally by the judge,
such that neither the motion nor the order granting the motion are contained in the
Fields case file.
h. Antony confirmed that no gag order, or other order restraining the media from
reporting on the contents of the two videos, was pursued by the Commonwealth, and
none were issued by the court before, on or after Dec. 14 regarding the two videos.
i. Antony confirmed that she is aware that the media has reported on the contents of the
two videos that were shown in court.