Smith Seeks to Disqualify Biberaj, Change of Venue

Lawyers for Scott Smith, the father of the victim of the Stone Bridge High School sexual assault victim and who was arrested during the June 22 School Board meeting, has filed motions to recuse the commonwealth’s attorney from participating in his case, and for a change of venue.

A May 2 hearing is set to hear those motions. 

During a scheduling hearing today, Commonwealth’s Attorney Buta Biberaj said that she would respond to the motion for her recusal in writing.

Judge James Plowman said that a jury trial would be scheduled after the motions are argued, if necessary.

Smith has said that his family believes Biberaj’s office mishandled their daughter’s May 28 assault case, which was followed by a second assault on Oct. 7 by the same boy at a different high school.

Smith is facing charges of disorderly conduct and resisting arrest without force. He got into an altercation with an acquaintance during the chaotic June 22 School Board meeting. Smith said he was provoked by the acquaintance saying his daughter was lying about having been assaulted.

Biberaj said after the hearing that her office was pursuing the charges against Smith because of concern of the treatment of law enforcement officers who restrained him.

Smith also attended an event with Gov. Glenn Youngkin at the Leesburg Diner on Thursday morning, where he urged the governor to move quickly to try to remove Biberaj. Smith said, “we are not protected here with our current prosecuting attorney.”

“As long as Buta Biberaj is at the helm of this ship in Loudoun County, we don’t have a chance, Gov. Youngkin, we don’t have chance. And we also don’t have a chance for a three-month investigation or however long it takes to get her removed. She’s screwing things up today. Our county can’t wait for your investigation. Somebody needs to come up here, like today, and remove her from office.”

Attorney General Jason Miyares is investigating the school system’s handling of the assaults. Neither Youngkin nor Miyares can directly remove Biberaj, who was elected in 2019.

Deputy Editor Renss Greene contributed to this report.

13 thoughts on “Smith Seeks to Disqualify Biberaj, Change of Venue

  • 2022-02-17 at 4:12 pm

    Considering she seems to screw up the cases she handles, I’m not sure I would want to remove her. She is Mr. Smith’s best defense. However, another may actually be reasonable and just dismiss the charges.

  • 2022-02-17 at 4:21 pm

    Biberaj is so utterly conflicted in these matters that she should do the only logical thing and recuse herself. Frankly, she ought to resign due to her incompetence in charging violent criminals and inability to vet new employees. Her persecution of Mr. Smith is inexcusable and she knows it. Loudoun County deserves so much better. Remember these abuses of office during the next election cycle.

  • 2022-02-17 at 4:23 pm

    Nothing states more clearly that Biberaj needs to be removed from office more than this fiasco. Who in their right mind would PROSECUTE this man?

  • 2022-02-17 at 4:30 pm

    “Biberaj said after the hearing that her office was pursuing the charges against Smith because of concern of the treatment of law enforcement officers who restrained him.”

    Uh-huh. Yeah. Sure. Okay. Buta cares about LEOs about as much as she cares about domestic violence victims. Loudoun deserves so much better.

  • 2022-02-17 at 4:55 pm

    Just whose interest is Buta serving?

    The citizens of Lo Co & Justice or her own interests?

    • 2022-02-18 at 1:57 am

      Why, George Soros’s, of course. If you follow the campaign money, that’s where it came from.

  • 2022-02-17 at 8:42 pm

    I feel sorry for Mr. Smith. I don’t necessarily agree with all of his public pronouncements. But at bottom, I believe he was dreadfully wronged by the Loudoun County Sheriff’s Office. There was no good reason to bloody & partially disrobe the gentleman at the June 22 school-board meeting. I say Mr. Smith was victimized by “goons,” because he was subjected to excessive force. I wish the best for him & his family. On a happier note, Happy Black History Month Loudoun.

  • 2022-02-17 at 8:55 pm

    What a load of baloney. With a Republican governor, a Republican Attorney General, and a Republican sheriff (who worked with the governor’s campaign), it’s no wonder the vile death threats against Democrat office holders go investigated. Remember, the big crime these school board members are accused of is belonging to an anti-racism Facebook group. That is literally it.

    Smiths daughter had had sex with this autistic boy before. Agreed to meet him in the bathroom. Then said no. (her absolute right) He was convicted. And Smith assaulted a cop.

  • 2022-02-18 at 8:36 am

    if all the Loudoun judges can quickly recuse themselves, why isn’t Biberaj summarily removed from this case. She has way more involvement in the case than allows for an impartial view.

  • 2022-02-18 at 8:57 am

    Those asking who can blame this fellow…well, he comes off as a bit of a hothead who’s grabbed onto an issue that he’s flogging for political reasons.

    • 2022-02-18 at 9:35 am

      Grabbed onto an issue for political reasons?
      Do you have even the slightest grasp of the tragic circumstances which led this man to where he is and how he was dragged through the mud by Leftists online and in the media and then aggressively prosecuted by the Loudoun CA?
      Good grief.

  • 2022-02-21 at 7:52 pm

    FactsNotIdeology, I hope nothing like this ever happens in your family. Any parent should protect their child without being labeled a hothead in the comments section or to suggest his actions are political.

  • 2022-02-22 at 5:35 pm

    A parent should protect their kids. Nothing wrong with that at all and they shouldn’t be vilified by the press or elected or appointed county officials. But to truly protect our children we do need to know who the perpetrator is along with the failed parents.

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