Category Archives: Children and families

Tobacco Commission Needs Huge Makeover

tobacco leafBy Peter Galuszka

One more glaring example of mass corruption in Virginia is the grandly named Virginia Tobacco Indemnification and Community Revitalization Commission formed 14 years ago to dole out Virginia’s share of a $206 billion settlement among 45 other states with cigarette makers.

I’ve been writing for years about how millions of dollars are doled out with little oversight to economic development projects supposedly helpful to the former tobacco-growing parts of the state from the bright leaf belt around Dinwiddie out west to the burley leaf land of the mountains.

There have been no-strings giveaways to absentee tobacco quota holders, a board member sent to prison for siphoning off grant money and the shenanigans of the extended Kilgore family which is very politically powerful in those parts. The commission even figured in the McDonnell corruption trial starring the former and now convicted governor and back-slapping witnesses for the prosecution, entrepreneur and tobacco-believer Jonnie R. Williams Sr.

I revisit the issue in Sunday’s Washington Post and I ask the obvious question of why no one seems to watching the commission. I raise broader ones, too, such as why the commission  serves only people in the tobacco belt. That doesn’t seem fair since the Attorney General’s office represented all of the state in the 1998 Master Settlement Agreement against four major tobacco firms. People in Hampton Roads, Arlington, Onancock and Winchester should be benefit but get nothing from the settlement. They didn’t  because tobacco road legislators pulled a fast one back in 1999 when they set things up.

There needs to be a thorough disassembling of the commission’s current governance structure with many more people far from Tobacco Road included. There’s far too much family and friend back-scratching as it is. It is like watching a vintage episode of the Andy Griffith show but it really isn’t funny.

(Hat tip to James A. Bacon Jr. who spotted the commission as a great story back in the year 2000 when he was publisher of Virginia Business).

So, please read on.

The Simple, Lovable Sidewalk

sidewalk By Peter Galuszka

Forever humble, the simple sidewalk is becoming an issue in land planning and transportation.

In densely-populated populated urban areas, sidewalks have been a staple of living since the time of the Ancient Greeks. They were classics in the familiar grid plans that marked most American towns in the 19th and early 20th centuries.

It all changed after World War II when thousands of veterans came home with access to cars and cheap mortgages and builders started constructing car-centric neighborhoods. The cookie-cutter plan included big subdivisions with only one or two access points, lots of cul de sacs and long streets and wound around until they emptied into the few access roads.

You couldn’t walk anywhere. The feeling was, with the complicity of such car-centric bodies as the Virginia Department of Transportation, that you didn’t need sidewalks because the kids could play in the cul de sacs and anyone could drive.

This started to change a decade or so ago as pe0ple wanted to walk more to the library, the store or to visit a neighbor. Suburban planners are taking this into consideration and are “encouraging” developers to put in sidewalks.

A couple problems here:

First, although the Tim Kaine administration changed VDOT policy to advocate more intersecting streets in new developments along with sidewalks, the policy has been watered down under pressure from the development industry.

The other problem is that while it is a simple matter to put sidewalks in new projects, retrofitting them in older ones is tough. It is expensive, there are rights of way issues and sometimes the terrain doesn’t lend itself to them. And, when sidewalks are put in, they merely connect with gigantic feeder roads where one might have to walk a half a mile to a stoplight just cross safely, as is the case in one instance in Chesterfield County.

For more, read my recent pieces in the Chesterfield Monthly and Henrico Monthly.

Richmond’s Tech Star in Kickback Scheme?

HDL LogoBy Peter Galuszka

Critics of the American healthcare system have long cited hidden charges as one reason why costs are so high and why reform is needed.

So, it is disturbing to read a report on the front page of today’s Wall Street Journal that Health Diagnostic Laboratory, arguably the most successful of the biotechnology firms to come out of a much-touted research park in Richmond, is implicated in a possible scheme to pay kickbacks to doctors who use its blood testing services.

The Journal reports:

Until late June, HDL paid $20 per blood sample to most doctors ordering its tests — more than other labs paid. For some physician practices, payments totaled several thousand dollars a week, says a former company employee.

HDL says it stopped those payments after a Special Fraud Alert on June 25 from the Department of Health and Human Services, which warned that such remittances presented “substantial risk of fraud and abuse under the anti-kickback statute.

HDL Chief Executive Tonya Mallory told the Journal that her firm “rejects any assertion” that the company grew as fast as it did “as a result of anything other than proper business practices.”

Meanwhile, HDL has sent Bacon Rebellion this updated response.

Others say that paying doctors fees sets up the chances for fraud, especially in Medicare, one of HDL’s biggest markets, the Journal reports. Other testing firms, the Journal reports, pay doctors nothing for using their services.

This is bad news for what was Richmond’s Poster Child of successful high tech startups after years of flops at the Virginia Biotechnology Research Park. Founded in 2008 under Mallory’s leadership, HDL zipped up to $383 million in revenues with 41 percent of that coming from Medicare,” the Journal says.

Much of the issue seems to be related to how accurately and fairly to define what is merely drawing a patient’s blood and how much goes for “P&H” or processing and handling. A problem is that Medicare doesn’t pay any more than $3 for merely drawing blood. HDL has estimated that the “P&H” part is worth about $17. The firm claims it has special proprietary methods that give it an edge.

According to Virginia Business magazine, which named Mallory its person of the year last year:

Mallory, 48, founded HDL in the summer of 2009. Since then, it has grown from a kitchen-table business plan to a corporation earning more than $420 million in annual revenue, employing 750 people, processing 4,000 lab samples and running more than 60,000 lab tests each day. HDL has driven near constant construction at its home in downtown Richmond’s Virginia BioTechnology Research Park, where a $68.5 million expansion soon will triple the company’s footprint to 280,000 square feet.

Last year Mallory received the Ernst & Young National Entrepreneur of the Year award in the Emerging Company category. One of the country’s most prestigious business awards for entrepreneurs, it recognizes leaders who demonstrate innovation, financial success and personal commitment as they build their businesses.

The Journal, however, quotes several disgruntled employees and notes that Mallory had worked for a California firm called “Berkeley Heart Lab Inc,.” which began using tests called “biomarkers” which can predict future health problems by analyzing blood.

Mallory, who was raised in Hanover County and attended Virginia Commonwealth University, was senior lab-operations manager at Berkeley until she left for Richmond in 2008, the Journal says. Two Berkeley sales executives went with her and formed a company that ended up marketing HDL’s products.
Berkeley sued HDL, accusing it of stealing its business. HDL denied the allegations. HDL settled one case for $7 million, the Journal says, but other cases are pending.

Maureen McDonnell and Sexism

maureen_and_bob(1)By Peter Galuszka

Sitting for hours listening to former Gov. Robert F. McDonnell testify in his federal corruption trial makes one wonder exactly what his values are, especially as they relate to women.

His entire legal strategy is to “Throw Maureen Under the Bus” – namely his lawyers and those of his co-defendant wife Maureen are portraying Ms. McDonnell as a “basket case” who set up a lot of funny meetings with snake oil salesman Jonnie Ray Williams Sr., accepted expensive gifts from him with promptly telling her husband, and communicated with him 1,200 times in about a year and a half (one day it was 52 text messages.)

She is bad and deceptive. He is good and didn’t know much about her messy friendship with Williams. She is guilty. He is innocent (or so it goes).

Gov. Bob, helmet hair perfect as usual, took the jurors through a horrible litany of his long-decaying marriage to college sweetheart Maureen. While she was screaming and intimidating her staff, he was slogging through “the business of governing” for endless hours every day.

When she approached Ann Romney, wife of Republican presidential candidate on the campaign trail in 2012 and offered the woman who suffers from MS some “Anatabloc,” Williams’ miracle pills, Bob overhead it and was “embarrassed.”

There is something deeply disturbing, however, about McDonnell and his attitudes. He seems to have come from a bygone era when men worked long hours, held major responsibilities and answered to the most important thing in their lives – their overweening ambition.

The husband was ordained by God to do great things, be a Boy Scout, and write his name in history books. His wife was to stay barefoot and pregnant in the kitchen knitting socks or selling silly vials of creams.

McDonnell has since disowned this little passage he wrote at Regent University (Pat Robertson’s school) back in 1989 when he was a graduate student, but it seems strangely relevant. He tried to create some kind of conservative, faith-based government paradigm that would cut taxes, open charter schools and the like. He wrote:

“Further expenditures would be used to subsidize a dynamic new trend of working women and feminists that is ultimately detrimental to the family by entrenching status-quo of nonparental primary nurture of children.” The kicker is his view that feminism is one of the “real enemies of the traditional family.”

Well, a hell of lot of good that thinking has done since he has steadily, deliberately humiliated his wife in a bid to avoid jail time. A parade of defense witnesses, mostly McDonnell cronies, have humiliated Ms. McDonnell as a grabby, irrational, fashion-mad bimbo who just didn’t get it when Bob patiently told her that the stock she held in Star Scientific, Williams’ firm, had lost half their value and were a bad investment.

There are other giveaways that paint McDonnell as a self-important, entitled, superior little prig. Maureen had an apparently successful home-based business selling nutraceuticals like face creams. The Bob that may have sounded so pointlessly “womanish” but it is a big business. When he ran for statewide offices, he told Maureen to nix the biz.

Now wait a minute. Why should he tell his wife that she can’t run her own business she built up because his mission as a conservative political savior is just too important? Why does he get to decide?

One reason has roots in a kind of mid- 20th century philosophy that one used to see in black and white movies and television shows. There has been a deluge of testimony about the Virginia suburbs of DC roots of the McDonnells. Lots of military, conservative, family values, do-goodism, ticket punching (making colonel or the appropriate GS level position) having some silly affection for the Redskins or golf club bags with your school logo and so on. But the most obnoxious attitude is that the self-pride that one is doing something very important for his country and fellow citizens.

If you are male, you get to wear this cloak. If you are a woman, your first and foremost goal is to mind the kids and support your man and be a handmaiden to HIS career and ambitions. Watch the 1950s “Strategic Air Command” film” with Jimmy Stewart as a ballplayer pilot and his dutiful wife June Allyson. He makes the big decisions and flies the big bombers. She’s always waiting at the air base fence for him to come home so she can cook him fried eggs.

But McDonnell has a bigger problem than just this over-the-top sense of duty. By his own testimony, McDonnell is seriously addicted to political ambition. It is his oxycodone. His heroin. He gets a real kick by planning the next stage (vice president? president?) Maureen is left by herself and her screaming fits. Bob just tunes her out and spends as much time traveling and in his office as he can.

As he testified, McDonnell got a buzz from being a state legate and an even bigger buzz by running for attorney general and governor. One woman who seemed to be cheering him every step of the way was Janet Kelly, who ended up being Secretary of the Commonwealth when he became governor. She testified that when he wanted her for that spot, she told him flat out she could not work with Maureen. She didn’t.

Family values, anyone?

Map of the Day: Best and Worst States for Underprivileged Children

WalletHub has struck again, compiling a basket of indicators measuring the well being of poor children, including such factors as the percentage in foster care, the percentage in single-parent families, the percentage in below-poverty households, the percentage that are malnourished, the percentage experiencing food insecurity and the percentage that are homeless. By these measures, Virginia ranked 10th best in the country.Among the notable metrics: Virginia has the lowest number of children in foster care of all 50 states and Washington, D.C., and it has the third lowest number of maltreated children.

I would love to believe those figures are an accurate representation. However, recent scandals in the City of Richmond social services department suggest that the actual incidence of maltreatment may be under-reported and that the low number of foster children may be due to the incompetence of some social service agencies in placing children in foster homes. Richmond may be just one social services program, but it does cause one to question the numbers.

– JAB

Confessions of the Tic-Tac Man

Jonnie WilliamsBy Peter Galuszka

On afternoon last week, I was leaving the seventh floor courtroom at U.S. District Court  after Judge James Spencer called for a break. Jonnie R. Williams Sr., the prosecution’s star witness against former Gov. and Ms. McDonnell, had been on the stand for hours, playing various roles as remorseful solicitor, confident businessman, and obstructionist witness.

It just so happened that Williams and I were going to cross paths in the crowded outchamber of the courtroom. Without missing a beat, Williams stopped walking, made eye contact with me, and graciously held out his arm to signal that I should pass first.

I have no idea if Williams knew who I am, but the summer before, I had tried repeatedly to interview him for a serious of reports I was writing about Star Scientific, the tobacco company turned dietary supplement that is at the core of the trial against the McDonnells in perhaps the most important ever corruption trial in Virginia history.

Williams, 58, had been on the stand for four days, dressed as always in a shiny, expensive suit, his thinning hair coiffed around a high, bulbous forehead.

He has a strange voice, soft and proper, that sounds at times like an elder Marlon Brando or, without the harshness, Strother Martin, the man who played the cruel prison warden in the Paul Newman movie “Cool Hand Luke.” Either way, Williams does have a remarkable presence and he always seems to be selling, selling, selling something — either Anatabloc, his product that he claimed could do anything from cure Alzheimer’s to MS, or simply to promote  his own persona.

Williams, who has extensive immunity from the government, keeps underlining that his deal that could keep him out of jail, which means he must be honest. Honest means making “mea culpas.” They must sound sincere. When he said he pressured Maureen to get Bob to call his aging father on his 80th birthday, he recalled:  “That cost me hundreds of thousands of dollars to be able to do that,” he said. “The McDonnells were not my personal friends. It was good for my company,” noted Williams, who gave them more than $150,000 in gifts, loans, trips and cash.

That’s one version of Jonnie — pensive, regretful, honest. There was another one as well that came out when defense lawyer William Burck asked him to talk about his background in business. It was ego bait that Williams couldn’t resist.

It all came out — the confident kid from Fredericksburg who went to a little known business college in Rhode Island and came home to sell used cars and then took over a faltering eyeglass shop, learning how to pick up on one entrepreneurial idea and spin it into another.

Name dropping is a critical part of the Williams psyche, showing how impressed Williams was that his keen intellect had attracted helpful personalities far beyond his social kin. He keeps mentioning Johns Hopkins University Medical School and the “very bright” Dr. Frank O’Donnell who somehow came down from Baltimore and met Williams when he was working in the optical business. O’Donnell was a big league ophthalmologist, Williams said, and served as his mentor, even when he moved to the Midwest. Dr. O’Donnell came in with one business deal after another. One helped lead him to making machinery to cure near-sightedness, earning him millions and securing his personal finances.

Perking up during testimony, Williams ticked off medical terms as if he were the head of a medical school department. He also had developed a keen sense of what could and could not be said in good company, sort of like a small town boy of modest background who’s being let into the local country club for the first time.

When he took the McDonnells and a few others to La Grotta, an expensive Italian restaurant in downtown meeting after an Anatabloc session, he picked thousands of dollars’ worth of wine and informed the courtroom and jury that it was bad form to let your guests know if it’s $50 a bottle vintage of $500 a bottle. Of course, when he picked out the Louis XIII cognac for his male model friend, the McDonnells and some of their staff at a New York eatery in 2009, he was proud to reveal it cost $5,000.

“I really didn’t like it all that much but some people do,” he said. He also didn’t really like the Ferrari that he made a big effort to drive to Smith Mountain Lake in July 2011 so McDonnell could drive it at Maureen’s request while vacationing for free at Williams waterfront house. Williams says he prefers his Toyota Camry.

This same snobbery constantly extends to the medical and business hot shots who were helping build the idea that Williams’ use of anatabine, a substance found in tobacco, had remarkable curative powers. Jonnie was more than willing to tell you all about it, over and over, in his slow, calm, methodical voice.

Maureen McDonnell, who is being set up as the Fall Girl by her own lawyers, bought into the Williams’ spiel, big time. McDonnell’s professional staff, including Phil Cox and Jasen Eige, testified that they were deeply worried about Williams and kept on telling the governor to limit his engagement.

Smitten by Williams, Maureen kept pushing Jonnie and his miracle supplements, somehow overlooking the fact that there hadn’t been clinical trials on it and that Star Scientific had lost $230 million over the past decade (she still bought stock anyway despite Williams testimony that he told her it was a bad idea).

Rank and file Virginia researchers, whose imprimatur Williams so badly wanted, also were suspicious. When he’d show up pushing pills as samples, they called him the “Tic Tac Man.”

One Very Sad Day In Court

maureen_and_bob(1)By Peter Galuszka

One literally could have heard a pin drop in U.S. District Court in Richmond today.

William Burck, lawyer for  Maureen McDonnell, said in his opening argument in a trial that Virginia’s Former First Lady who has been indicted no 14 corruption charges along with her former governor husband was “collateral damage” in a deeply troubled marriage. She had developed a “crush” on the businessman who had given her and her husband more than $150,000 in loans, gifts and cash.

“Their marriage had broken down,” Burck said. “They were barely on speaking terms,” Burck said. Ms. McDonnell was angry and frustrated that her husband had been working 16-hour days in public service for 20 plus years and had little to show for it. They had five children. Big debt. Bob wasn’t paying attention to her.

As John L. Brownlee, McDonnell’s lawyer, said, McDonnell’s hard public service work “took a toll on his family and a terrible toll on his wife. He was not nearly as successful as a husband. He tried to keep from the public the most painful aspects of his marriage. He never humiliated her. He never scorned her.”

In pops Jonnie R. Williams Sr., a smooth-talking entrepreneur pushing a new anti-aging cream made in part from tobacco plants (although his firm, Star Scientific, had lost a couple hundred million over the previous decade.) Brownlee described the star witness for the prosecution as a “master manipulator.”

“This marriage broke apart and an outsider, another man, would invade and poison their marriage,” Brownlee said.

At one point, Maureen was said to have “hated” Bob who wrote a lengthy email to her trying to reconcile. In fact, Brownlee said, the Governor will read the email when he goes on the jury stand during the trial that is expected to last at least five weeks. When McDonnell sent the email, however, “that evening, Maureen was distracted by other interests.”

One could get snarky about this seemingly over-the-top soap opera. But no one in the courtroom seemed to be smirking. It is strange enough to be at a trial like this in a place like Virginia that considers itself above the petty corruption that plagues other states. It is even stranger to hear such excruciatingly personal and painful things about the state’s top former executive and his wife.

It could be that a “throw Maureen under the bus” strategy may work to get both of them off. After all, she wasn’t a public official and could do what she wanted as far as gifts. The prosecution’s opening statement drew a rather detailed and concise outline of just what and when the McDonnells solicited Williams’ largesse, right down to the “thank you” emails when money arrived in the bank to Maureen’s cell phone snap shot of Bob wearing slick, wraparound sunglasses while driving Williams’ Ferrari.

Giving the McDonnell’s the benefit of the doubt, I have to say I’ve heard this kind of story before among long-married couples suffering through middle age as their children are ready to fly away. Their stories may not be dramatic but I’ve got to admit that Bob McDonnell never seemed to exhibit such grabby behavior before.

This raises another tough question. What should “public service” be and how much should it take from one’s private life. More importantly, why can’t it support men and women who pursue it? Should it be only for the rich?

McDonnell slogged through relatively low-paying jobs like the General Assembly, Attorney General and Governor. He had five kids and a wife who seemed very freaked out by being First Lady – a role she apparently never wanted. She came from a Northern Virginia civil service family that didn’t exactly have a grand disposable income.

Consider two other Virginia governors –former and current. Mark Warner, now U.S. Senator, is rich from his telecommunications investments made years ago. At one point he was said to be worth a couple hundred million dollars. Gov. Terry McAuliffe, another former businessman, is likewise wealthy but probably not as rich as Warner.

Should these people be in office because they are rich? Should public service be available only to those with great portfolios? What would Thomas Jefferson say?

The McDonnell Trial Gets Underway

mcdonnells arraignedBy Peter Galuszka

This morning marks the start of the long-awaited corruption trial for Robert F. McDonnell and his wife Maureen, the first ever involving the governor of a state that fancies itself above petty corruption.

McDonnell, a Republican, faces 14 felony counts in federal court including wire fraud and lying on a federal loan application. This morning’s session at U.D. District Court before Judge James Spencer will involve jury selection. The trial is expected to last six weeks.

It promises to be a cross between a soap opera and a reality show with overtones of a Greek tragedy. Involved are strong personalities, a classic triangle (the governor, his wife and Jonnie Williams, a businessman who is the feds star witness) and lots of big, big Virginia names. The lawyers’ list reads like the wine list at a five-star restaurant.

There will be lots of politics and lots of venality, such as why Ms. McDonnell insisted on Williams supplying luxury trinkets and money, whether the First Family, regarded as a fine example of Virginia public service, was living far beyond their means and why the state’s squeaky-clean image is a myth.

A few more takeaways:

  • This is a federal case, not a state one. There is no way the case could ever have gone anywhere in state court – the laws are nonexistent. That doesn’t mean there isn’t a federal case and, traditionally, federal courts are used to go after local politicians and business people. Remember that it was the feds who nailed Al Capone in federal court, not Chicago or Illinois state courts. Just arguing that state law doesn’t go that far is irrelevant.
  • It’s going to get very ugly. Much of the melodrama takes place in the governors’ Capitol Hill house ruled by Ms. McDonnell and from which the case originally stemmed. It had to do with an executive chef who was accused of theft and was tried. He blew the whistle on the relationship between McDonnells, the gifts and Williams. Now, we find that the defense may subpoena the housekeeper for previous Democratic Govs. Tim Kaine and Mark Warner, both now U.S. Senators. It could be an episode of “Housewives of the Executive Mansion.” Stay tuned.
  • There’s no getting around the politics. I have to admit that it seemed very curious last year that the McDonnell case seemed to spring up from nowhere in the governor’s last year in office (he can’t succeed himself). It happened during a bitter gubernatorial race between hard-right Republican Kenneth Cuccinelli and Democratic fundraiser Terry McAuliffe. There were media leaks galore last summer which made for great, gossipy reading but one did wonder about the propriety of it all.
  • Suppose the McDonnells are acquitted? If so, what was all the Sound and Fury about? Blogger Paul Goldman, former head of the state Democratic Party, believes an acquittal could bring calls for the resignation of U.S. Atty. Gen Eric Holder. Sounds extreme.

All in all, the trial represents a transitional phase for Virginia. Its old ways, conceited and quaint they may have been, have faded. Welcome to the 21st Century, y’all!

Two UMW Daughters of the ’60s

Birmingham By Peter Galuszka

Just a few days ago, Elena Siddall, a Mathews County Republican activist and Tea Party Patriot, posted her account on the Rebellion of being a social worker in New York in the 1960s and the wrong-headedness of Saul Alinsky, a leftist organizer who had had a lot of influence back in the day, among others. I won’t comment on Ms. Siddall’s lively account and conservative point of view. But I do notice one thing: she is a 1963 graduate of what is now the University of Mary Washington, which then was considered the female side of the University of Virginia (campuses being segregated by sex back then).

I have a tie as well to Mary Wash, which is now coed. My daughter graduated from there last year and my cousin-in-law, now living in Tennessee, went there was well before moving on the U.Va. nursing. Our family experience at Mary Wash has been a big positive and I support the school. So, it is with considerable interest that I noticed that the Spring 2014 issue of the University of Mary Washington Magazine had a cover story of a different kind of graduate than Ms. Siddall with some very different views.

So, in the interest of providing some equal time among women who came of age during those years of intense ethical and political awareness, I thought I’d toss in the magazine story to further the debate and show that not every Eagle from Mary Wash thinks like Ms. Siddall (no disrespect intended).

The story has to do with Nan Grogan Orrock, class of ’65, the daughter of an Abingdon forest ranger, who got the civil rights fever when it wasn’t always easy for a young, white woman in Virginia to be an activist. But activist she was, from exhorting her classmates to join protests, to spending summers and other time in the Deep South demonstrating with African-Americans in SNCC, to staring down the real possibility of being beaten or killed and to even today, when she’s been active in the Georgia legislature shaking things up, such as trying to get the Confederate flag off public buildings.

The article, written by Mary Carter Bishop, class of ’67, is intriguing. The writer is a career journalist who was part of a team that won a Pulitzer in 1980 for the Philadelphia Inquirer when that paper was one of the liveliest and best in the nation.

As Bishop writes:Nan Grogan Orrock ’65 is among the South’s most veteran and well-respected advocates of social change. She is one of the longest-serving and most progressive members of the Georgia legislature and has left her mark on every sector of social justice: civil rights, women’s rights, worker rights, gay rights, environmental rights.

“She’s chased after cross-burning Ku Klux Klansmen, cut sugar cane in Cuba, started an alternative newspaper, organized unions, led strikes, been arrested a bunch of times, and still stands on picket lines. At 70, she’s far from done. I had to finally get to know her. The week before Christmas, I flew to Atlanta and sat down with her at the State Capitol.”

Please read both accounts – Ms. Siddall’s and Ms. Bishop’s article – and see ideas through opposite prisms of the 1960s involving two obviously very bright women.

Voluntary Sterilization? Great Idea!

Herald

Jessie Lee Herald

by James A. Bacon

Let us all applaud Ilona White, assistant prosecutor of Shenandoah County. She had the brilliant idea of offering Jessie Lee Herald, a 27-year-old man who had sired seven children by six different women, the option of undergoing a vasectomy in exchange for a five-year reduction in his prison term.

Her motive in offering the deal, she explained, was to prevent him from fathering any more children. “He needs to be able to support the children he already has when he gets out,” she said, according to the Associated Press.

Not surprisingly, the deal evoked hand-wringing from civil libertarians. The deal calls to mind the involuntary sterilizations carried out in Virginia in the early 20th century under the banner of eugenics, said Brandon Garrett, a University of Virginia law professor. “This takes on the appearance of social engineering,” said Steve Benjamin, past president of the Virginia Association of Criminal Defense Lawyers. “Sentencing conditions are designed to prevent future criminal behavior,” he added. “Fathering children is not criminal behavior.”

I am not moved in the slightest by those concerns. Garrett’s statement is ridiculous. Benjamin may make a valid point from a narrow legal perspective — fathering children may not be criminal behavior. The problem is… it’s a narrow legal perspective. It misses the larger issue at hand.

I will fully admit my boundless contempt for Herald, a man who has for years engaged in animalistic, indeed sociopathic, behavior with no serious consequence. Fathering seven children by six women — at the age of 27, no less! — is vile and reprehensible. He cannot possibly be a good father if he wanted to, and it is dubious that anyone so consumed with his own desires even cares. Herald cannot support that many children financially, and he cannot possibly find the time to undertake the non-pecuniary duties of fatherhood. By his own admission, his nephew — a man who has worked as a roofer and in a poultry plant — has financially supported “at least some” of his children. I don’t know how many children of his own the nephew has, but he is more of a man than Herald will ever be.

Among his other derelictions, Herald was convicted of child endangerment, hit and run, and driving on a suspended license in a crash in which his three-year-old son suffered minor injuries.

Society has no good solutions for reprobates like Herald. Mothers of the children can sue for child support, but if he has seven children, it’s highly unlikely that he is willing or able to live up to his obligations for all of them. So, what’s to be done? If you throw him in jail, he can’t earn any money or pay any child support at all. But if you let him out of jail, he’s likely to continue his reckless, irresponsible behavior.

That’s why Ilona White’s offer makes so much sense. The dirtbag gets out of jail early, giving him an opportunity to find gainful employment, earn money and meet at least some of his financial obligations to his children. But the vasectomy ensures that he won’t be spawning any more offspring. If anything, the deal wasn’t strict enough — it gives him a year to scrape up the money to pay for the procedure, during which time he can easily father another child or two… or three.

Amazingly, Herald had to wrestle with the decision. “It was not a no-brainer for him,” his attorney said. Apparently, he saw a big downside to denying himself the ability to impregnate more women and foisting the responsibility for raising his offspring onto single mothers, relatives or taxpayers. What a contemptibly selfish man!

The comparison with involuntary sterilization is, of course, totally absurd. First, Herald would undergo voluntary sterilization — just like millions of other American men do when they don’t want to father any more children. Secondly, he does not belong to one of the groups stigmatized by the eugenics movement on the basis of “undesirable” genetic characteristics. He is stigmatized for his reckless, anti-social behavior.

I think White’s solution is an excellent one. We should reject the superficial comparison with involuntary sterilization and eugenics, which were truly atrocious, and deal with the real social problems created by derelicts like Herald. There are dozens more, if not hundreds, of predatory males in Virginia who should be given the same alternative.