HAMPTON, Va. (WAVY) — As the community continues to search for answers in the case of missing 4-year-old Codi Bigsby, his father Cory’s attorney is busy in the background.
On Wednesday morning, Attorney Amina Matheny-Willard filed an internal affairs complaint on behalf of Codi Bigsby’s family against Hampton Police Chief Mark Talbot.
The complaint alleges Talbot made reckless and false statements about the Bigsby family’s lack of cooperation.
It says the way he made these statements at a public town hall meeting provoked verbal life-threatening attacks by community members.
Hampton police said the complaint will be passed on to their Professional Standards branch for follow-up. They declined to comment further.
10 On Your Side has been getting questions on if Matheny-Willard representing Codi’s family in civil matters and Cory in criminal matters could be seen as a conflict of interest.
We spoke to former Virginia Beach Commonwealth’s Attorney Harvey Bryant Wednesday afternoon. Harvey couldn’t speak on this case specifically but gave some insight.
He said it has the potential to be a conflict down the line. Whether it is a conflict depends on actions taken on behalf of the defendant in the criminal case or the family in any civil action.
“If there were a suit to be filed where the defendant was seeking damages or the family was seeking damages against the city, there would be a hearing, a trial, that would call for depositions. And criminal defense attorneys are not going to let their clients submit to depositions of any kind while the criminal case is still pending and has been concluded,” said Bryant.
10 On Your Side reached to out Matheny-Willard, but she said she had no comment.
10 On Your Side got the city’s response to the cease-and-desist letter on Wednesday morning.
The city said Chief Talbot will not retract any of his statements on Codi’s disappearance, the city denies Chief Talbot put anyone’s life in danger, no statements were made that obstructed justice, and they don’t condone harassment of any kind.
It reiterates the Hampton Police Division did make an official request for an Amber Alert when Codi was reported missing.
They said ultimately Virginia State Police denied the request, as it did not meet the criteria for an Amber Alert.
Matheny-Willard on Wednesday night wrote a letter in response to HPD and the city, disputing their statements that Talbot’s actions didn’t put any lives in danger.
