Case to recall Anthony Burfoot withdrawn, but may be brought back

Anthony Burfoot (Photo: Virginia Beach Sheriff's Office)

NORFOLK, Va. (WAVY) — The case to recall Anthony Burfoot was non-suited in court Friday.

That essentially means the case was withdrawn, but could be brought back within six months, according to Burfoot’s defense attorney, Andrew Sacks.

Prosecutors had asked that the case be non-suited. The judge did not agree with Sacks’ motion to dismiss the case.

Special Coverage: Burfoot corruption trial

Burfoot is serving a six-year sentence at United States Penitentiary Canaan in Wayne County, Pennsylvania, for public corruption and perjury. He maintained his innocence when he self-surrendered to federal court to begin serving his sentence.

A judge ordered Burfoot to forfeit his office as city treasurer. In late April, James B. Oliver, Jr. — who was once city manager of Norfolk and Portsmouth — was appointed and sworn in as treasurer of Norfolk.

Sacks is appealing his client’s convictions and sentence. The defense attorney says there is a motions hearing on Wednesday, June 21 in federal court to ask for a new trial in the case.

Stay with for updates on this developing story.