Attorney says witness will testify Fairfax did not commit rape

RICHMOND, Va. (WWBT) - Lt. Gov. Justin Fairfax’s attorney says there’s an eyewitness willing to testify that Fairfax did not rape Meredith Watson at Duke University in 2000.

In a letter to the Durham County District Attorney, one of Fairfax’s attorneys writes that an unidentified witness was at the fraternity house where Fairfax was a member but did not live there at the time Meredith Watson arrived.

Attorney Barry Pollack writes, “The eyewitness observed Ms. Watson initiate a sexual encounter with Mr. Fairfax in the eyewitness’ room. The eyewitness remained with Ms. Watson after Ms. Watson’s sexual encounter with Mr. Fairfax had concluded and Mr. Fairfax had left.”

Watson is one of two women who has accused Fairfax of sexual assault in the early 2000s. Fairfax has repeatedly denied both allegations.

Both women have stated they would testify in a public hearing, but Democrats have refused to hold one, saying it would be a “political show.”

In the letter, Fairfax’s attorney asks the Durham County District Attorney to investigate for a third time. The DA’s office has stated whether it will investigate.

In response to Fairfax’s attorney’s letter, the attorney for Watson, Nancy Erika Smith, issued the following statement:

“Five months after being accused of rape, Justin Fairfax changes his story yet again. First it didn’t happen then it was consensual, and now for the first time he implicates his buddy as a participant. If Justin Fairfax wants the truth to come out, this secret witness should testify under oath, in public, along with Mr. Fairfax, both his victims and their witnesses. Fairfax continues to fight a public hearing tooth and nail. That says it all.”

Fairfax’s office then issued a follow-up statement in response:

“The Lt. Governor has never changed his story. Ms. Watson and her attorney Nancy Smith left out an entire second person as they publicized this false and defamatory allegation to CBS News and other media over five months. The false allegation against the LG, as well as a second alleged rape allegation made in 1999 by Ms. Watson, should be investigated by law enforcement.”

“As the public can now clearly see, Ms. Watson’s allegation against Lt. Governor Fairfax was a brazen and defamatory lie from the start. Notably, neither she nor her attorney, Nancy Erika Smith, denies that there was an eyewitness present who can refute her fabricated story. This explains why they don’t want to go to law enforcement to discuss either of her allegations of rape while at Duke University and would instead prefer a show trial. The Lt Governor looks forward to holding those involved in perpetrating this vicious lie legally accountable.”

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