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superseding findings of probable cause during the course of the prosecution and therefore
constituted a prohibited ruling on a plea to the general issue. For the following reasons, we
disagree with Cline’s argument and affirm the circuit court.
BACKGROUND
I. The Underlying Prosecution
On June 7, 2018, L.C.1 initially reported to the Williamsburg Police Department that
Cline, a daycare provider, and R.J., a Newport News police officer,2 sexually abused her when
she was a child, around 2008 or 2009. Based on these allegations, appellee Officer Kathryn
Riley from the Newport News Police Department investigated L.C.’s claims and subsequently
sought warrants against Cline and R.J. On March 29, 2019, a magistrate issued eight felony
warrants against Cline.3
In April 2019, a special prosecutor from the Chesapeake Commonwealth’s Attorney’s
Office was appointed because of R.J.’s employment by the Newport News Police Department.
On October 4, 2019, the special prosecutor presented the case at a preliminary hearing in the
juvenile and domestic relations district court (the JDR court). L.C. testified at the preliminary
hearing and underwent cross-examination by Cline’s and R.J.’s counsel. Counsel questioned
L.C. on her recurring mental health issues and sexual assault allegations she had made in the
past. In response to Cline’s argument that L.C. dishonestly pursued these charges against her,
the JDR court responded that it was “not prepared to say that as a matter of law [L.C.’s]
1 We use initials to protect the complainant’s identity.
2 We use initials because he is not party to this appeal.
3 Cline was charged with: two counts of aggravated sexual battery of a child under the
age of 13 (Code § 18.2-67.3); three counts of taking indecent liberties with a child under the age
of 15 (Code § 18.2-370); two counts of inanimate object sexual penetration of a child under the
age of 13 (Code § 18.2-67.2); and one count of carnal knowledge of a child of 13 years of age
(Code § 18.2-63). Jump to an indexed page (13 of 13)