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Virginia’s Republican Attorney General announced Monday his office would be assisting the prosecution of a case in Loudon County where the judge removed and disqualified the Loudon County Commonwealth Attorney’s office from prosecuting the case.
Journalist Lindsay Watts tweeted, “BREAKING: Va AG @JasonMiyaresVA responds to my reporting on judge removing @LoudounOCA from case. In this letter to 20th judicial circuit chief judge, Miyares says AG’s office will prosecute or help prosecute the case.”
“@JasonMiyaresVA writes: “Considering this unprecedented development, I wanted to offer to the Court the services of the Office of the Attorney General to either prosecute these cases” or assist Fauquier Co. which has been given case.”
“I also just got a statement from @PRandallcares, chair of Loudoun Board of Supervisors: “I believe Loudoun’s Commonwealth Attorney should remember her first duty is to ensure, to the greatest degree possible, the safety of the citizens of Loudoun County.’
BREAKING: Va AG @JasonMiyaresVA responds to my reporting on judge removing @LoudounOCA from case. In this letter to 20th judicial circuit chief judge, Miyares says AG’s office will prosecute or help prosecute the case @fox5dc 1/3 pic.twitter.com/i2v5EbLyuS
— Lindsay Watts (@LindsayAWatts) June 13, 2022
3/3 I also just got a statement from @PRandallcares, chair of Loudoun Board of Supervisors: “I believe Loudoun’s Commonwealth Attorney should remember her first duty is to ensure, to the greatest degree possible, the safety of the citizens of Loudoun County.” pic.twitter.com/CEcugjhPGs
— Lindsay Watts (@LindsayAWatts) June 13, 2022
In his letter, Miyares also wrote, “It is clear from the order that the Court has rightfully lost confidence in Ms. Biberaj, her deputies and her office’s ability and willingness to effectively seek justice in this matter. This is a situation of first impression for most in the legal community.”
Deputy Commonwealth’s Attorney Michelle Burton submitted a plea deal in December for Kevin E. Valle. the plea deal proposed that Valle only serve 6 months on two felonies and destruction of property charges as well are repay $2,289.
Burton wrote, “The accused has no prior adult convictions on his record and has not been convicted of a felony. The co-conspirator is older and has a significant criminal history leading the Commonwealth to believe that this accused was being negatively influenced and that he was not the primary actor in these crimes. Each of these crimes as charged occurred within hours of each other and not over the course of days or even weeks. The accused is taking responsibility for his actions by pleading guilty to felony and misdemeanor offenses.”
Burton failed to disclose three additional burglary charges Valle faced in Fauquier County stemming from the same crime spree. The judge scheduled a hearing for Burton to explain the “inconsistencies” in the filings.
Plowman objected to Burton’s portrayal that the crimes were committed within a period of hours when the facts showed that the suspect committed up to 12 break-ins over 10 days in four different counties.
He also objected to Burton’s characterization of Valle as having no prior criminal history as he had numerous pending felony charges. The characterization that Valle had fallen under the influence of an older suspect was also something Plowman disputed. Valle was only 13 months younger. Valle’s juvenile record showed he had 15 charges and eight convictions.
Plowman wrote in his decision, “The representations contained herein are specifically drafted to mislead the reader and lack the appropriate level of candor which the Court requires of Virginia attorneys.”
Concluded that the county prosecutes, “entered the plea negotiations and entered into a plea agreement absent a full review of the facts, and without exercising due diligence to the performance of her duties in preparation for the case and/or that the commonwealth is deliberately misleading the Court, and the public, in an effort to ‘sell’ the plea agreement for some reason that has yet to be explained.”
Plowman took a swipe at the Loudon County Commonwealth’s Attorney’s Office writing, ” inability of the Loudoun County Commonwealth’s Attorney’s Office to properly prosecute this case with the detail and attention required of a criminal prosecutor and consistent with the professional standards and obligations of a prosecutor.”
This spurred George Soros-funded Loudon County Commonwealth Attorney Buta Biberaj to call a press conference on Tuesday to refute the claims and announce she was going to appeal to the State Supreme Court to reconsider the decision.
Bieraj said, “The documents we filed were fully accurate and consistent with the facts that were at the time of the agreement in August as well as the time of the signatures on Dec. 22.”
She added, “Mr. Valle is a 19-year-old boy, a teenager. He could be your son. He could be your brother. He could be your child’s playmate. He is 19 years of age. Guess what? Back in the period of May , he made some knucklehead decisions.”
She also responded to the Attorney General’s comments on the case, “This is a specific message to Attorney General Miyares: Stay in your lane. Your lane is Richmond. Your lane is you’re the attorney general for Virginia. You are not an elected commonwealth’s attorney and definitely not for Loudoun County.”
She accused Miyares of undermining the work of progressive prosecutors.
“We are lowering crime in our communities, contrary to the stories that he chooses to tell. We are lowering the rate of incarcerations in our communities, so we do not unnecessarily keep people locked up in a jail, in a box, in a cell, in a cage who are not a threat to our community,” Biberaj claimed.
Biberaj went as far as comparing the attacks on her office to January 6th saying “We’ve seen on Jan. 6 where the rule of law was set aside and it was set aside because somebody thought that their interests trumped the interest of the people. They do not. The people rule by voting. The people rule by being engaged in the election process. The people rule by being registered voters and being citizens of the community. And the people here elected me to represent them, to be commonwealth’s attorney.”
She then called it inappropriate and a misuse of power for his offer to help with the prosecution saying, “For him to attempt to insert himself is not an appropriate use of his power. It is a misuse of his power, because what he is doing is he is dividing our community.”
The pushback from the judge and the Republican Attorney General has definitely gotten under the Soros-funded commonwealth attorney’s skin.