Loudoun Cty judge removes leftist DA from case of dad whose child was sexually assaulted in school

Loudoun County Commonwealth's Attorney Buta Biberaj has been kicked off an appeal over "concerns" regarding "impartiality." Specifically, the case involves a dad, Scott Smith, who was arrested last year while speaking at a school board meeting as he addressed a sexual assault of his daughter in a public school girl's bathroom by a male student.

"All that Scott Smith and his family have ever asked for is that the Loudoun County school system protect their daughter and treat them fairly; it has not," Bill Stanley, the attorney for Smith, said in a press release Monday provided to Fox News Digital.

"The Court’s Order today has corrected, in some measure, the injustice created by Ms. Biberaj’s bias against Mr. Smith, and the Court has restored his hope for a fair trial on the remaining charge against him in his quest to protect his beloved daughter. We are very grateful for the Court’s ruling," Stanley added.

Smith spoke at a school board meeting. He addressed the school's failure to protect his daughter from a May 2021 sexual assault in the girl's bathroom by a male student at Stone Bridge High School in Ashburn, Virginia. A video of Smith addressing the school board went viral when it showed him being literally dragged out of the meeting by law enforcement officials. Smith said the board was engaged in a cover-up of the assault.

But as it turned out, the unidentified male student was eventually charged with sexual assault at two separate high schools and found guilty earlier this year.

Smith, who was exercising his First Amendment rights, was arrested and convicted of two misdemeanors following the school board meeting: disorderly conduct and obstruction of justice during the school board meeting. 

Circuit Court Judge James Plowman previously dismissed Smith’s count of obstruction of justice, and the Virginia dad is currently trying to appeal the disorderly conduct count. In fact, if anyone was disorderly, it was the school board and those who interrupted his right to speak.

A Sept. 2 order from Judge Plowman detailed that he appointed a special prosecutor in Smith’s appeal, and canned the George Soros-backed prosecutor Biberaj and her office from the case.

"There is insufficient evidence to determine whether or not a direct conflict exists that would mandate removal and/or disqualification of the Loudoun County Commonwealth’s Attorney’s Office," Plowman’s order states.

Plowman said that he found Smith’s lawyer persuasive during oral arguments and granted Smith's motion to recuse the Loudoun County Commonwealth’s Attorney’s Office. Stafford County Commonwealth’s Attorney Eric Olsen will now handle the disorderly conduct appeal.

"The concerns about the public confidence in the integrity of the prosecution as well as the Defendant’s concerns regarding the impartiality of the Commonwealth’s Attorney are sufficiently grounded. As a result, the integrity of the Defendant’s due process rights is in jeopardy and must be protected," Plowman wrote.

"A fair system of criminal justice that is void of both bias and political agendas is the cornerstone of a free society," Smith said in comment provided to Fox News Digital. "From the beginning, Ms. Biberaj has sought to make an example of me for simply standing up to defend my daughter at the now infamous Loudoun County School Board meeting. Buta Biberaj has demonstrated a bias against me throughout the court proceedings, and she has continued to fan the flames of those who would label parents like me who stand in protection of their kids against dangerous school policies as being ‘domestic terrorists.’"

"Nothing could be further from the truth."

"I’m surprised by the court’s decision, since I was never given the opportunity to come back and have conversations about the disorderly conduct," Biberaj told the outlet.

Olsen, the longest-serving incumbent prosecutor in Northern Virginia and a Republican, said Judge Plowman had called him about the change, according to WTOP.

"Judge Plowman called me to ask if I was available," Olsen told WTOP. "As is often the case, a special prosecutor can be necessary because of potential conflict of interest."

"Believe it or not, prosecutors are supposed to be impartial. They’re supposed to look at the facts, apply the law and if so, then prosecute. This seemed to turn very political, very quickly, in the battle in Loudoun County, between this prosecutor who had been funded by George Soros," the attorney said, noting that Biberaj "took it upon herself to personally prosecute" the case.

Judge Plowman has kicked Biberaj off a case in the past. He removed her office from a serial burglary case in June for  "deliberately misleading the Court and the public."

"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 said of that case, which involved a man charged with three misdemeanors for destruction of property and false identification, and two felonies for burglary.

"Biberaj and the Loudoun County Commonwealth’s Attorney’s Office is hereby REMOVED AND DISQUALIFIED from further prosecution as counsel of record in this matter," the judge wrote.

The state’s Attorney General Jason Miyares, a Republican, sent a letter to the chief judge shortly after that order, saying the court "has rightfully lost confidence" in Biberaj and her office. He added that his office was ready to assist and even prosecute the case "considering this unprecedented development." 

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Plowman is a Republican who previously served as the Loudoun commonwealth’s attorney before Biberaj’s election in 2019.

Biberaj identifies as a woman but believes that this is always subject to change.

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