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Sheriff's officers cleared, but remain on Brady List
Two Fairfax County sheriff’s lieutenants remain on the county’s Brady list even after being cleared of wrongdoing in an internal sheriff’s investigation.
FAIRFAX COUNTY, Va. - Two Fairfax County sheriff’s lieutenants remain on the county’s Brady list even after being cleared of wrongdoing in an internal sheriff’s investigation.
It comes after a confrontation between Commonwealth’s Attorney Steve Descano, his Chief Deputy Kyle Manikas, and security officers at the Fairfax County Courthouse.
According to emails obtained through a FOIA request, Descano and Manikas refused to participate in the internal investigation by the sheriff’s office into the matter, despite numerous requests.
Brady lists track law enforcement officers with credibility and misconduct problems and can prevent those officers from testifying in court.
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According to a sheriff’s office report, on Sept. 28, Descano and Manikas were being "unprofessional" and abusive toward staff at a courthouse security checkpoint.
The report says Descano and Manikas cursed at security officers because they were angry they had to be screened.
For the first time, Descano is speaking publicly about what happened.
"First of all, let me say about that incident, it is something that got blown way out of proportion," Descano said.
FOX 5’s Lindsay Watts asked if he cursed at the security officers.
"I did not curse at these gentleman," Descano said.
When asked about Manikas he replied, "I’m not going to sit here and talk about what my chief deputy did or didn’t say."
The report also says Descano threw his umbrella directly into the X-Ray machine and said, "Don’t you know who I am?"
"I was trying to explain to them, you don’t realize, all the prosecutors here they work for me, I’m the boss of this office," Descano said.
While there is some courthouse security video of the encounter, there is no audio.
The Allied Security officers involved spoke to the sheriff’s office which runs courthouse security. Two sheriff’s officials, Lt. Christopher Blaine and Lt. Mona Williams wrote up an incident report, stating video corroborates the officers’ statements.
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Descano says the video doesn’t show everything described, including two police officers bypassing the checkpoint, which is something referenced in the report. As a result, he put Blaine and Williams on the Brady list.
In a statement, Sheriff Stacey Kincaid tells FOX 5: "I stand by Second Lieutenant’s Blaine and Williams and the thorough Internal Affairs investigation, which determined the allegations against them to be unfounded. My deputies did nothing wrong, and I will continue to do everything in my power to right the wrongs done to these hard-working public servants."
Ali Soheilian, President of Virginia Police Benevolent Association Fairfax County Chapter, said the law enforcement community feels like the Brady list is being weaponized.
"Oftentimes, at most police departments if you end up on Brady your chances for a promotion or even staying employed within the police department are gone for good," Soheilian said.
While the sheriff’s office requested Descano and Manikas be interviewed for the internal investigation, they refused.
FOX 5 asked Descano why.
"Because we wouldn’t have had anything to add to what they were investigating because, again, it was about the writing of the report," Descano said.
When asked about the importance of getting every person involved in an incident to find out what happened, he replied, "Well it is important. It’s important to get the witnesses that have something to say relevant to the investigation. But, again, the investigation was about the writing of the report."
Soheilian called it an awful example of leadership, noting officers have no choice in participating in internal investigations.
"They should be compelled to tell the truth and the whole truth like the rest of us are," Soheilian said.
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On the day the incident took place, the Fairfax County courthouse was performing security screenings on every person entering the courthouse, including those who aren’t typically required to be screened.
Descano said it was his impression that it did not screen law enforcement. He said he no longer uses that checkpoint.
An attorney for the two lieutenants, Ed Nuttall, said, "We are concerned that the lack of investigation by the Commonwealth’s Attorney’s Office has put these officers in a difficult situation where their careers are on the line. We are currently exploring their legal options."
When asked if there was an office policy regarding placing officers on the Brady list, a spokesperson for Descano said via email: "It’s not a matter of office policy. It’s constitutional law that dictates the disclosure of any prior acts that could be used to impeach anyone if they become a witness in a case."