Virginia- Former Attorneys for Prosecutor's Office say Failing to Follow Law "Tip of the Iceberg"

 

Concerns about the commonwealth’s attorney’s office are growing louder in Loudoun County. 

A county supervisor is speaking out saying the office failed to follow the law in a student sex assault case, and former attorneys from the office tell FOX 5, that’s only the tip of the iceberg.  

Commonwealth’s Attorney Buta Biberaj has come under fire for her handling of a case where a boy sexually assaulted a girl at one high school then was released and allowed to go to a different school where he did it again. 

Caleb Kershner is a Loudoun County Supervisor, but also an attorney. He ended up representing the perpetrator at the end of the case.  

In a Facebook post this weekend, Kershner wrote that the commonwealth’s attorney’s office was "simply unprepared to move forward with the case" within the 21-day window required by law when juveniles are held in custody. 

This allowed the teen to be released and to re-offend. Biberaj has blamed a delay in rape kit evidence. Kershner also says the office didn’t follow the law when requesting the boy be put on the sex offender registry. A judge ultimately decided to keep the teen off the registry.

Concerns about the Loudoun Co. Commonwealth’s Attorney‘s office are going louder.

What we’re learning from a county supervisor & multiple former staffers tonight, plus my encounter w/ top prosecutor Buta Biberaj after trying for months to schedule an interview. @fox5dc 10&11! pic.twitter.com/jJRXXKqWWc

— Lindsay Watts (@LindsayAWatts) February 1, 2022

"Motions were not filed in advance. I became aware of that," Kershner told FOX 5. "Things weren’t done in a timely manner. So that’s some of the ongoing issues we have seen." 

Kershner said the teen’s due process rights were violated. Beyond this one case, he says he’s heard concerns from a number of prior employees. 

"You hear ongoing concerns in the office," he said. 

FOX 5 has learned a former prosecutor and three staffers sounded the alarm to Board of Supervisors Chair Phyllis Randall in October 2020.  

Former prosecutor Jason Faw wrote an email to Randall following the meeting. FOX 5 obtained the email exchange via FOIA after being alerted to its existence by the group Virginians for Safe Communities – an organization attempting to recall Biberaj. 

Faw wrote to Randall: "When I worked there for 16 years I went to work every day asking how I could keep the citizens of Loudoun safe. The six months I worked there under Ms. Biberaj, that was not the focus."  

He highlighted several cases he said made his stomach turn, complaining of leniency on crime the county hasn’t seen before.  

Faw also wrote to Randall: "As I said when we were leaving yesterday’s meeting, I know a number of people there who have resorted to substance abuse (alcohol) to try to cope with getting through another day there. I worry about them." 

In response, Randall wrote: "I admire the fact that you stayed so long with the treatment you (a seasoned attorney) received. I believe by meeting with me, you are, in fact still caring for the people who work in the office. Yesterday I had a discussion with County Administrator, Tim Hemstreet. There are actually some things we can do to help protect staff. By protecting staff I believe it will force this issue in the media thereby making people aware that she is not prosecuting people who are of danger to our community." 

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