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.