Virginia Supreme Court to hear appeal in Loudoun County prosecutor's criminal case

Judge removes commonwealth's attorney from criminal case

Loudoun's commonwealth’s attorney says a judge acted outside his authority when he booted her office from a case. Buta Biberaj is now appealing to the state Supreme Court. Fox 5’s Lindsay Watts broke the story and explains what’s next.

Bethesda, MD. (FOX 5 DC) - The defense attorney for the man accused in a burglary case that was removed from the Loudoun County Commonwealth’s Attorney’s Office said Wednesday that what’s happening is unfair to his client.

"This case should not be the poster child for such intervention," said attorney John Boneta.

Boneta, who was once a Loudoun deputy commonwealth’s attorney, said he respectfully disagrees that the judge in the case had the authority to remove the prosecutor or her office.

Commonwealth’s Attorney Buta Biberaj said Tuesday that she is appealing the judge’s order to Virginia's Supreme Court.

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Boneta agreed with Biberaj that the case has been politicized.

He said he plans to file a motion with the Loudoun Circuit Court to reconsider in an effort to keep the case in Loudoun County and let the six-month plea deal stand.

Some Virginia attorneys said it can take months for the state Supreme Court to rule, but this appeal will likely be expedited because it involves a man waiting to be sentenced.

Judge James Plowman, who is the former Loudoun commonwealth’s attorney, accused Biberaj’s office of downplaying Valle’s criminal history and misleading the court to get a plea deal for Valle, who is accused in 12 burglaries across northern Virginia.

Loudoun Prosecutor Buta Biberaj breaks silence after case removal

Fairfax County attorney Demetry Pikrallidas said what’s happening in this case is unheard of and people in the legal community are watching closely.

"This is going to be, frankly, I believe for every practitioner in the state of Virginia, a fascinating case," Pikrallidas said.

He said it’s unclear what the Supreme Court may do.

"I think it’s going to be a very, very close call," Pikrallidas said. "Certainly, a judge has control of his courtroom and is allowed to prevent an attorney from being in it. That said, in this case a whole office was dismissed."

Loudoun prosecutor breaks silence after case removal

Loudoun’s commonwealth’s attorney broke her silence Tuesday and answered questions from FOX 5 on major concerns about her office.

Loudoun County judge removes Commonwealth’s Attorney’s Office from criminal case

Mark Graber, University of Maryland Law Professor, called it "highly unusual for a judge not to say redo this, but you're off the case."

When FOX 5 asked Graber whether anybody's constitutional rights are being violated, he said that this ruling "falls in line of the constitution."

"A prosecutor has no right under the Federal Constitution to prosecute a case and I doubt there's any right then under the Virginia Constitution," he explained. "Nevertheless, it is highly unusual."