The group of Sterling residents seeking to recall and remove Supervisor Eugene Delgaudio (R-Sterling) from office has moved for dismissal of the Arlington County commonwealth's attorney from the ongoing case.
Leesburg attorney John Flannery, on behalf of the Citizens of Sterling petitioners, filed the motion in Loudoun County Circuit Court Friday, four days before Delgaudio is scheduled to return to court for a hearing on the recall petition.
In the motion, Flannery states that Arlington Commonwealth's Attorney Theo Stamos (D) “is unlikely to change her pre-determined opinion on this third review of Mr. Delgaudio. And this time we have another aggravating factor -- Ms. Stamos plainly disputes the rationale for the statutory remedy that the Sterling citizens invoked to make this petition.”
Stamos previously led a special grand jury investigation into allegations Delgaudio misused public assets by having a publicly funded legislative aide conduct political fundraising at the taxpayers' expense, something at odds with county policy. The special jury did not bring forward an indictment against Delgaudio, but highlighted several questionable practices by the controversial and staunchly-conservative Delgaudio.
Flannery's motion goes on to state:
"The appointed counsel, the Honorable Theo Stamos, the Commonwealth Attorney for Arlington County, told counsel for Donna Mateer, Mr. Stevens Miller, Esq., that she did not want to be appointed but acceded because this Court asked her; she made a similar remark to undersigned counsel in a separate conversation.
"When Ms. Stamos accepted this appointment, she had considered the matter of Mr. Delgaudio's alleged misconduct twice before and stated publicly on both occasions that she didn't believe there was any reason to go forward with any investigation of Mr. Delgaudio. There is every reason to believe that she has not changed her mind.
"Indeed, the conduct of Ms. Stamos with regard to how she responded on the two prior occasions, and the conversation that Ms. Stamos had with undersigned counsel after the filing of this petition and appointment by this Court, confirms that this is a cause that she cannot embrace as an advocate and that she considers frivolous and repugnant."
Stamos could not be immediately reached for comment.
Flannery also filed a motion Friday to quash any subpoenas from Delgaudio's attorney, Charles King, seeking information from members of the Citizens of Sterling executive committee.
The Leesburg attorney renewed his previously-denied "motion to intervene" on behalf of the Citizens of Sterling "to defend against the frivolous subpoenas that Supervisor Eugene Delgaudio, by his counsel, Charles King, has now served on petitioners’ Executive Committee."
This is a developing story.
-Southern Poverty Law Center defends ‘hate group’ designation of Delgaudio
-Judge will ask Arlington commonwealth’s attorney to serve in Delgaudio case
For more information on the Delgaudio case, including a link to last year's special grand jury report, click here.