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Virginia AG Accuses Fairfax Prosecutor of Systemic Failures and Urges Resignation

The attorney general released findings alleging systemic legal failures in the Fairfax prosecutor’s office.

Overview

  • Attorney General Jason Miyares published a more than 30-page investigative report detailing alleged misconduct and constitutional violations by Commonwealth’s Attorney Steve Descano.
  • The report cites repeated Brady and discovery violations, criticized plea practices, and policies limiting enforcement of some mandatory minimums and relaxing cash bail for repeat offenders.
  • Miyares says victims’ rights under Article I, Section 8A of the Virginia Constitution were potentially denied, and he is referring the matter to the U.S. Department of Justice for review.
  • Case examples in the report include the office declining to prosecute registered sex offender Richard Cox on an indecent exposure charge and reducing a potential life sentence to two years in an attempted child abduction case.
  • Descano rejected the report as a political stunt and defended his record, while Gov. Glenn Youngkin had separately pressed for scrutiny of Fairfax’s handling of the Fair Oaks Mall abduction case.