Defendant's Effort to Alter Court Date Leads to Jail

Nathan Devine had gotten nabbed and was looking to buy some time.

After being ticketed for reckless driving in February, he needed to raise money for fines and attend traffic school before his court date, his attorney said. But rather than ask the judge or a lawyer to change the court date, as required, Devine, of Manassas Park, thought of an easier way: He could have a friend who worked in the courthouse change it for him.

Devine -- along with his friend, Maria Merlos, a former Prince William County General District Court clerk's office employee -- was nabbed again.

For helping in April to change the court date in Devine's reckless-driving case, Merlos, 28, of Manassas Park, was charged with conspiracy to forge public records and forging public records, both felonies. Devine was charged with one count of forging public records.

On Friday, Judge Robert T.S. Colby agreed to reduce the conspiracy charge against Merlos in General District Court. She pleaded guilty to "maliciously affixing another's signature to writing," a misdemeanor, and the other forgery count was dropped. Devine, 30, also pleaded guilty to a misdemeanor, obstruction of justice, and both were sentenced to 30 days in jail, beginning Feb. 2.

After their hearings, Devine's attorney, Steven S. Smith, said his client and Merlos would have been better off never altering the documents, especially since the penalty Devine incurred in his traffic case was minor. Merlos was fired from the clerk's office after the incident, attorneys in the case said.

"She has the public trust, being a clerk, and the consequences of their actions were severe," Smith said. "They had no reason to do what they did."

Merlos's attorney, John D. Primeau, said his client showed "very poor judgment."

"She was trying to do a favor for a friend," Primeau said. "She took full responsibility from the get-go."

Fairfax County Assistant Commonwealth's Attorney Timothy A. Davis, a special prosecutor called in to handle Merlos's case, declined to comment on the nature of the crimes after the hearings. A message left with the Prince William General District Court clerk's office was not returned Friday.

Prince William is not the only jurisdiction to deal with courthouse corruption in recent years. Last year, a former administrative assistant in the Fairfax prosecutor's office was sentenced to 3 1/2 years in prison for attempting to erase a man's drunken driving conviction when she worked in the office in 2004.

As for Devine's traffic ticket, the reckless-driving charge was lowered last month to improper driving. He was fined $100.