Judge Removes Democratic Prosecutor from Case of Loudoun Father Whose Daughter Was Raped in School

A Circuit Court judge removed a Loudoun County prosecutor from a case citing “concerns” about “impartiality” after an appeal from father Scott Smith, whose daughter was raped at Stone Bridge High School in Virginia by a teen who went on to grope a student at a different school.

Last year, Smith went to a school board meeting to get answers about his daughter’s assault in the girls’ bathroom at the hands of a male student, and was “arrested and convicted in District Court of two misdemeanors — disorderly conduct and obstruction of justice,” according to WTOP news.

He has since appealed the charges, and Circuit Court Judge James Plowman has dismissed the count of obstruction of justice after determining that a lower court judge filled out the requisite charging paperwork incorrectly

Now, Plowman has appointed a special prosecutor to handle the disorderly conduct charge instead of Democrat Loudoun County attorney Buta Biberaj, who Smith’s attorney has said “cannot possibly be impartial.”

“Biberaj cannot possibly be impartial in prosecuting the Defendant’s appeal, since she is directly responsible for the release of the Defendant’s daughter’s assailant,” Smith’s attorney, Bill Stanley, said in 2021, according to ABC7 News.

“Biberaj asked for an active jail sentence” for Smith when he was sentenced as part of his punishment, apparently believing that Smith “was a ‘domestic terrorist’ who deserved jail time,” Stanley said at the time.

Plowman found that “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,” WTOP reported.

However, Plowman said he thought Smith’s lawyer was persuasive during oral argument in the motions hearing, and decided to appoint a special prosecutor, attorney Eric Olsen, to the case instead.

“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.

Biberaj told WTOP that she had not been notified of the decision to name a special prosecutor.

“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 said.

Hung Cao, Republican candidate for Virginia’s tenth congressional district, responded to Biberaj being replaced, saying, “families in our district are sick of their children’s safety being put at risk in order to push a political agenda.”

“We continue to see Democrats prioritize woke-ness over the safety and protection of our children,” Cao said. “Our public prosecutors let criminals of heinous offenses walk free, legislators introduce bills that weaken reporting requirements, and school boards implement backward policies.”

After the incident was reported, the perpetrator, who was reportedly wearing a skirt when he forcibly sodomized the ninth-grade girl, was transferred to another school where he allegedly groped a second student.

In the interim, the Loudoun County School Board passed a sweeping gender-inclusivity policy allowing students to use restrooms and locker rooms, as well as compete in sports, according to their gender identity rather than biological sex.