Va. prosecutor set table for civil rights case
When a new year dawns, no one knows for sure what that year holds in store for them. Ann Cabell Baskervill was no exception. The Dinwiddie County commonwealth’s attorney in Virginia had just gone through likely the roughest stretch of her 43-year-old life in 2022. A fall inside her condominium that April left her with a brain injury so severe that not only was she forced to take medical leave for three months, she also was forced to temporarily hand over her license to practice law. Suddenly, her world was almost as scrambled as the thoughts that ran through her head during her recovery. Baskervill used that time to reflect on her future. Did she want to continue being a lawyer like her parents and grandfather? Or was the fall and subsequent injury a “wake-up call” for her to pursue something new, far different than criminal prosecution?
Ultimately, she decided she would like to study abroad, probably in the arena of diplomacy and international politics – even though she shudders at the thought of the word “politics.” She applied to L’Institut des Études Politiques in Paris, a renowned international university.
Later that year, Baskervill was medically cleared to return to work. On March 4, 2023, she got her acceptance letter to L’Institut. Two days after that, she got handed probably the most high-profile criminal case in the county’s judicial history. Twenty-eight-year-old Irvo Noel Otieno of Henrico County suffocated to death beneath the mass of seven deputies and three security guards at Central State Hospital, a Virginia-run mental hospital. The scene had been captured on the hospital’s surveillance system and though Baskervill knew she would likely not be there to completely prosecute the case, she also knew she had to find justice for the victim.
“I’m a firm supporter of law enforcement, and part of that support is showing that law-enforcement officers need to be held accountable,” Baskervill said.
Using a “criminal information” process available to prosecutors, Baskervill secured warrants for the seven deputies and three guards through the court that circumvents the traditional use of magistrates. All 10 were arrested on charges of second-degree murder. Charges have since been dropped against two of the guards. Trials for the remaining defendants are set to begin in June.
The case has drawn widespread media attention for similarities in earlier instances where Black people died while in police custody, most notably the George Floyd case in 2020. All eyes will be on the circuit court in central Virginia to see how justice plays out.
Among those watching will be Baskervill, who resigned in June 2023 after all the preliminary hearings were conducted and the tables set for their trials.
Because she laid the groundwork for this history-making, possibly precedent-setting commonwealth’s case, Ann Cabell Baskervill is Virginia’s 2024 USA TODAY Woman of the Year honoree.
Answers have been edited for clarity and length.
Question: Who paved the way for you to become commonwealth’s attorney?
Answer: Lisa Caruso. She had been my predecessor, and she was moving to northern Virginia, and resigned. I was a prosecutor in the city of Richmond and was getting really great experience there. I thought it would be a good fit.
What’s been your proudest moment as prosecutor?
Staying kind and human. That was always really important ... having empathy and not getting really angry. Maintaining that world view is what I’m proudest of because it helps me to be as fair as possible and really seek justice without any sort of agenda. I really do think about individuals and community, and I try to do that with kindness.
What is Ann Cabell Baskervill’s definition of “courage”?
Being honest with yourself and the world, and doing what you know is right. But I would preface knowing what you do is right by saying “You need to think about what is right. You can’t take that for granted.” You really have to think about what is doing the right thing and then do it against all odds. But with empathy, with honesty and with as much confidence as you can summon up in the moment.
Is there a guiding principle or mantra you tell yourself?
Hopefully, three principles: curiosity courage and integrity. For me, where they all end up is justice. It’s an ongoing process. It’s not like arriving at a destination and you’re there. Justice, you have to fight for every single day.
Who do you look up to?
I’m so blessed. My mom [a retired circuit court judge], absolutely. She always did the right thing, even when it wasn’t easy. She never took it for granted, and she always did the right thing.
How do you overcome adversity?
Faith. Praying and having faith. I’m on top of the world now. I live in Paris, and I’m studying a fascinating topic at the best institution in the world for that. Eighteen months ago, I really thought my life was over. I had sustained a brain injury, and I tried to keep working because I thought that was the right thing to do. Unfortunately, with your brain, that’s the worst thing you could do. I made it worse by continuing to work to the point where my body just stopped functioning, my brain just stopped functioning. I just had to take a medical leave; that wasn’t an option. When I took my medical leave, I was sorta kicked out of my job and my [law] license was pulled. Everything was just awful in the world.
I turned that into “Now, I’m going to rebuild me.” If I can’t have what I have now, what else would I want? My dad said don’t run away from something, run to something. So, I thought if I were not commonwealth’s attorney, what would I be? I realized I wanted to go back to school and study international affairs, and I would like to live in Paris. I had to open myself up to a possibility that I would not have otherwise.
“I’m a firm supporter of law enforcement, and part of that support is showing that law-enforcement officers need to be held accountable.”
What would you say to your younger self?
Don’t be afraid to fail. A lot of high achievers and anyone who wants to do the right thing, you worry about not doing it and you kind of worry about messing up your career or looking bad. It turns out that any of those things can happen, and it will be OK. You really become better from adversity, from losses. I’ve lost plenty of cases in court, and the 22-yearold me would have thought, “Oh my gosh. The world’s gonna stop turning.” But the world does keep turning, and you have to use that. Use it to make it better for the next trial you have.
Moving to Paris, that took some courage to give up everything and do something like I did not know where I was going to live. I didn’t know what the school was going to look like. But I wasn’t afraid to fail. I knew what failure looked like, and if it would look like coming back home, that’s fine. When I look back at the risks I was taking, I’m so grateful I took them.