'Overwhelmed and untrained' a Fairfax Co. prosecutor's plea for help
FAIRFAX COUNTY, Va. - A Fairfax County assistant commonwealth’s attorney wrote an email to supervisors saying he was overwhelmed, unprepared, untrained, and making "numerous mistakes" on sex crimes cases, yet continued to try sex crimes cases in the county for months.
ACA Nathan Freier made headlines in September after a judge told the young sex crimes victim in his case that she had been re-victimized by the prosecutor’s office due to the plea deal given to the child molester.
FOX 5 obtained an email Freier wrote to his supervisors following that case, saying he feared he could lose his license due to his lack of training in handling sex crimes cases.
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"I’ve realized that I am both incredibly overwhelmed and completely unprepared to handle 48 of the worst crimes in our society," Freier’s email reads. "Given what has happened in the last few weeks, I’ve realized that I have begun making numerous mistakes and missteps due to a lack of experience handling the complexities of these cases and being completely overwhelmed by the pressures and responsibilities that come with these heavy cases."
Freier said he’s requested help but "everyone is so incredibly busy." He asks to be transferred off of the sex crimes docket, so he can handle non-sex crimes cases he’s more familiar with.
"I have reached the end of my mental rope handling this many serious sex cases with limited training and no idea how to handle them. I fear that at best I’ll mess up one or more of these serious cases. At worst, I fear I’ll mess up in a way that will cause me to lose my license," Freier wrote.
When asked if he’s heard from prosecutors he’s hired who feel untrained or unsupported, Commonwealth’s Attorney Steve Descano said he absolutely had not, touting the increased training.
"The idea that somebody would feel untrained or unsupported is not anything that, quite frankly, I’ve heard from anybody in this office," Descano said.
FOX 5’s Lindsay Watts read Freier’s email to Descano and asked what happened.
"Well, look I can’t speak to what is in his brain, but I can tell you he came in as an experienced prosecutor from another agency," Descano said.
Descano went on to say, "Without having spoken to him about that or seen that email you’re referencing, I really can’t comment on it."
When Watts pressed Descano on whether he had seen the email, Descano replied, "What I meant is, I don’t have it in front of me."
Descano declined to say whether he had heard complaints from any members of law enforcement about Freier, whose LinkedIn profile indicates he graduated from law school in 2018 and worked as an ACA in Danville, Virginia prior to starting in Fairfax Co. in 2021.
In his email, Freier requested to keep the sex crimes cases he already had. He continued to try sex crimes cases in the months before he left the office in March.
Freier was the prosecutor on the February trial of former Fairfax County teacher Matthew Snell, who was ultimately found not guilty on one count of carnal knowledge of a child. There was a mistrial on two other counts.
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FOX 5 DC asked Descano if he understands why victims in the cases Freier handled may question now whether they got justice?
"Well, any time a victim feels they didn’t get justice, it hurts me personally," Descano responded.
Descano’s office confirmed at least 29 attorneys have left since he took office in 2020. Freier was among three attorneys to depart the office in March; all of them were hired by Descano.
While Descano blames typical attrition and a trend being seen countywide, law enforcement sources, including those who worked in the Commonwealth’s Attorney’s Office, say there are other attorneys whose inexperience is causing cases to suffer and that the high turnover can leave victims not knowing who is prosecuting their case.
Before leaving, Freier filed a motion to nolle prosequi, or dismiss, a felony child abuse case involving a two-month-old baby whose mother is accused of shaking her. The case was already delayed for two years due to COVID-19.
Freier wrote in his motion that he had offered his resignation Feb. 23, with his last day being March 18.
"…there are no ACA’s available for a four-day jury trial beginning on March 21, 2022, which is 10 days from this filing," Freier’s motion reads.
The judge agreed to nol pros the case.
When asked why there was no one who could do a four-day jury trial, Descano blamed the complexity of the case, though law enforcement sources have told FOX 5 the defendant, Denniza Knighton Fluellen, confessed.
Descano said nolle prosequi allows the case to be tried again and said it would be.
According to case transcripts, Amy Jordan, Fluellen’s public defender, said Fluellen had parental rights terminated to the injured child but has given birth to another child in the time it’s taken the case to go to trial. Jordan told the judge that child has been put in foster care.
"We are disappointed that this case was not a priority for the Commonwealth Attorney's office. I expect the charge will be re-indicted later this month," Jordan said in an emailed statement.
When asked why neither Descano nor his chief deputy could take the case, Descano replied, "Our role is to lead the agency. Make sure everything is going well."
FOX 5 will have more from the interview with Descano Wednesday night. FOX 5 spoke to Freier, but he said he had no information to add. He said he plans to continue to work in public service.
READ the FULL EMAIL obtained from Fairfax County Assistant Commonwealth’s Attorney Nathan Freier:
Good afternoon,
After having time this last week to reflect, I’ve realized that I am both incredibly overwhelmed and completely unprepared to handle 48 of the worst crimes in our society. Given what has happened in the last few weeks, I’ve realized that I have begun making numerous mistakes and missteps due to a lack of experience handling the complexities of these cases and being completely overwhelmed by the pressures and responsibilities that come with these heavy cases.
I have no interest in dropping or passing off ANY of my sex cases. I absolutely believe that they are the most severe cases we deal with and need to be treated accordingly. However, I'm wandering around blind here attempting to figure out how to handle 48 sex cases with very little input since everyone is so incredibly busy. Every case of mine that has been a major blow-up or issue has been the result of me stumbling around trying to figure out how to do this job. You can ask anyone in the office, I am constantly asking for advice and opinions on how to handle every single one of my sex cases because I have no clue how to handle the issues that are coming up on this massive scale.
I know how to try a case. I have literally thousands of trials under my belt between GDC, JDR, and Circuit Court. However, my experience is in traffic, misdemeanors, guns, drugs, financial crimes, and other low and mid-level felonies. Sex crimes are cases I have never dealt with. I'm constantly growing and learning how to become a better trial attorney. I take responsibility for the decisions I made, including my mistakes. But part of that is recognizing my limitations. I have reached the end of my mental rope handling this many serious sex cases with limited training and no idea how to handle them. I fear that at best I’ll mess-up one or more of these serious cases. At worst, I fear I’ll mess up in a way that will cause me to lose my license.
Given my concerns about my ability to competently handle the ever-growing number of severe sex cases and my current mental state, I’m asking to be transferred to the GDC team to handle the cases I have proven I know how to handle competently and ethically. I would keep those cases where I have met the victim and any case that is currently in Circuit Court.
Thank you,
Nathan Freier
Assistant Commonwealth’s Attorney
Fairfax County Judicial Center