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    Local judge puts Eugene Delgaudio case on hold

    Loudoun County Circuit Court Judge Burke F. McCahill, by requesting a recusal from the Eugene Delgaudio case Tuesday, has essentially put on hold the legal attempt to remove Mr. Delgaudio from office as Sterling's representative to the Loudoun County Board of Supervisors.

    It's now up to the Supreme Court of Virginia to assign a substitute judge to the case. Any action on the matter is at a standstill until the state's high court does so.

    Mr. McCahill's decision comes a week after a group of Sterling residents, many of whom are part of the anti-Delgaudio group “Sterling Deserves Better,” filed a recall petition in the local circuit court to remove Mr. Delgaudio from the seat he's held for 15 years. The residents and their legal representative, attorney John Flannery, listed as reasons for Mr. Delgaudio's dismissal alleged “misuse of office” and “incompetence." The petitioners say Mr. Delgaudio's actions have negatively impacted the function of county government.

    Tuesday, Mr. McCahill informed those present in a Loudoun County courthouse room -- including Mr. Delgaudio and his attorney Charles King; Nicole Wittmann, an assistant to the Loudoun County commonwealth's attorney; and Mr. Flannery -- that he has been in contact with officials at the state Supreme Court to let them know he'll be seeking a recusal for all Loudoun County Circuit Court judge.

    After the 15-minute hearing, Mr. Flannery opined the state Supreme Court may act quickly, as soon as this week, in appointing a new judge.

    The judge's action Tuesday leaves undetermined whether Loudoun Commonwealth's Attorney Jim Plowman will be granted his own recusal in the case. It's expected, however, that Mr. Plowman, an elected official of the same political party as Mr. Delgaudio, will not be forced to serve as prosecutor in the case.

    Mr. McCahill's primary objective at Tuesday's hearing, it appeared, was to get an estimate of how long a trial on the case may take; Mr. King suggested up to 10 days, while the other parties said roughly a week.

    Through his attorney, Mr. Delgaudio expressed that he'd prefer a non-jury trial.

    Mr. King clarified his comment after the hearing, however, saying, “When Judge McCahill asked if I was requesting a jury trial, I told him not at this time ... When asked again about a jury trial, I said a decision about a jury trial has not been made.”

    “This case was only filed last week and the decision about whether to request trial by jury is one of the important decisions a litigant can make,” Mr. King said.


    This story has been updated from an earlier version.

    Contact the writer at .(JavaScript must be enabled to view this email address).



    Comments

    Chris N. says: “You thought that Delguadio was unfit for office long before the grand jury was ever convened, and you said as much….loudly. And it was all because of the social issue.”

    This is false, and demonstrates the shallowness of your understanding. The “social issue” to which you and Delgaudio incessantly refer is marriage equality - or, as you two prefer to say “support for traditional marriage.” The only reason that issue is relevant at all is the testimony that Delgaudio unlawfully questioned prospective employees about it. It otherwise has nothing to do with why he is unfit for office, which is the same reason that his hate group has been designated a hate group: His “propagation of known falsehoods — claims about LGBT people that have been thoroughly discredited by scientific authorities — and repeated, groundless name-calling.” Simply espousing an unpopular view of marriage equality would not garner one a hate group designation, nor would it merit my attention.

    And FYI, Delgaudio himself has admitted that he doesn’t even care about who can get married; he only yaps on and on about it to raise money from his donor lists. His entire life is a fraud.


    Chris,

    You are collaborating too much to Eugene.  Denial and diversion comes from focusing on Navarez who is not mentioned in the grand jury report nor was he called as a witness.  Further, I am certain he wasn’t on the jury.  It’s the grand jury evidence that is being avoided here.  I am sure that will come in time.

    Additionally, David Weintraub is also not mentioned in the grand jury findings, nor was he listed as a witness.  The only thing you have right is that he doesn’t live in Sterling.  Which means he wasn’t one of the signatures on the petition.  Denial and diversion definitely reflected here.

    Further, the petitioners and the supports of this recall effort are now out of the picture.  A back seat if you will.  This prosecution now lives completely within the auspices of Commonwealth.  Finally a good use of taxpayers money as is related to Delgaudio.

    Come next court hearing Delgaudio will have to come up with a new denial/diversion as Navarez, Weintraub, or Flannery are not going to be involved.

    BTW, can you do me a favor?  Check with Delgaudio about his copy right infringement case out in Colorado.  I hear there was court hearings out that way this week also.  Momentum building out there too I understand.  No wonder Delgaudio was cranky at the news conference.


    The democrats will be happy with any sub judge since their best, Theo Stamos, has already been used and may be a witness so she will not be available. We’ll get another delay once a judge is chosen then the CA for Loudoun County will beg off the case. One side of the political spectrum we have a winner, Eugene Delgaudio then we have the other side Flannery, Miller, Neveraz, Barney and Pierce. The choice could not be any easier, good governance or the not ready for prime time players.


    Chris N. thinks the “strongest point” made by Delgaudio’s attorney was an attempted deflection to a barely relevant social issue? Good to know.—David Weintraub

    I’d argue that the social issue you allude to is highly relevant for this reason—You thought that Delguadio was unfit for office long before the grand jury was ever convened, and you said as much….loudly. And it was all because of the social issue.

    The grand jury was just manna from heaven for you, reaffirming a belief you already firmly held, based on the social issue. And the opposition of “Real Advocate” revolves around that same social issue.

    While the allegations of a lone former-employee might be the vehicle for the removal-attempt, it’s the social issue that provides that motivation by non-Sterling individuals.

    P.S. You sat across from me at yesterday’s hearing. I almost introduced myself as “Chris N.” but wasn’t sure how that would be received.


    Chris, out of curiosity, why the fixation on Nevarez?  He was one of several canvassers that secured signatures… Additionally Nevarez isn’t in any of the video or press reports as a commenter, are you sure he was there, or are you making that up?

    I’d probably use the word “focus” over “fixation,” but choose your words as you will. My focus on Alfonso Nevarez is for one very important reason—he is by far the most vocal Delguadio opponent who is actually from Sterling. John Flannery isn’t from Sterling. The Weintraubs aren’t from Sterling, and neither are the Millers.

    Nevarez is the head of “Sterling Deserves Better,” (SDB) and as best as I can tell, Flannery is just the hired gun. (I’d love to know who’s paying those bills.)

    If you look at the SDB Facebook page, it’s Nevarez who is urging folks to flood the Leesburg Today Delguadio poll. It’s Nevarez who is pleading for people to write anti-Delguaudio letters to the editor. And it is Nevarez who put out the call for Delguadio oppponents to pack the court hearing. And when he signed his name, it was “Al Nevarez, Sterling Deserves Better.”

    And yes, he was prominently featured at both the news conference when they said they got their signatures, and at the post-hearing press conference. And no, I’m not making this up. Take a look at the WJLA coverage, and you’ll see Nevarez right next to Flannery.

    Finally, it is not irrelevant to note that Nevarez already had an opportunity to take out Delgaudio in the last election, and garnered only 36% of the vote. Since Delguadio’s term is more than half over, if Nevarez were truly confident he had the will of the people behind him, he would go the electoral route and let the people decide who Sterling deserves.


    Chris N. thinks the “strongest point” made by Delgaudio’s attorney was an attempted deflection to a barely relevant social issue? Good to know. Also good to know: Delgaudio’s attorney wants the Grand Jury testimony and documentary evidence excluded from the trial and kept “secret.”


    Chris, out of curiosity, why the fixation on Nevarez?  He was one of several canvassers that secured signatures and he signed the same petition 685 other Sterling residence signed.  His job is done.  He isn’t part of the “prosecution”, he was a petitioner and now the case moves over to the Commonwealth to prosecute.  Nevarez should be commended for a job well done. 

    I heard Delgaudio was later to the hearing than Nevarez, another irrelevant point to the legal action taken, but you brought it up.  Additionally Nevarez isn’t in any of the video or press reports as a commenter, are you sure he was there, or are you making that up?  Everything I’ve heard or seen came from the Sterling Deserves Better attorney Flannery.  This Nevarez thing wouldn’t be some type of attempt by you and Delgaudio to divert attention to items of irrelevance would it??  If so, it’s a form of denial as this thing is moving towards trial!

    As for King’s comments about PA…of course he is trying to bring that up.  Another deviation from the real issues here and another form of denial of what is actually happening to Delgaudio. A complete denial of how much serious trouble Delgaudio is in.  An overwhelming majority of the GJ findings had nothing to do with PA.

    Further, how could PA not be a portion of this trial.  Fundraising communications from the county offices and county employees, which are part of the evidence, are :cc to Public Advocate all over the place.  Not the main thrust of the case but a very important part of it.

    Yikes, the closer this conversation gets to the evidence the more danger Delgaudio is going to be in.  Regardless if he is in a state of emotional denial.


    “Mr. King clarified his comment after the hearing, however, saying, ‘When Judge McCahill asked if I was requesting a jury trial, I told him not at this time ... When asked again about a jury trial, I said a decision about a jury trial has not been made.’”

    In other words, they’re venue shopping. That doesn’t surprise me.


    @ Chris N, “no action” except as is relates to his use of County time and resources, and ethics violations, in using his county paid assistant for campaign activities while on the county’s dime.

    Funny how fast the “virtuous” right can so easily dismiss ethics violations and conduct unbecoming. LOL


    Fred you know the judge just recused himself and the case will go on right?

    I wonder where is the copy right case against crazy D? He clearly violated the copy right laws when he used that gay couples photo.


    As Supervisor Delguadio’s attorney said during the news conference, his not requesting a jury trial didn’t mean that he was against that option, but rather that he wasn’t prepared to make that decision in this early phase of the process.

    It was interesting who was and wasn’t present. Recall ring leader Alfonso Nevarez missed most of the hearing, lumbering in late. (Not a huge surprise, as he didn’t show up at all for the biggest debate, when he was running against Delguadio.) But perhaps more tellingly, Nevarez was right on time for the news conference.

    Also present were plenty of anti-Delguadio folks who object to the supervisor’s traditional marriage stance but don’t even live in the Sterling District, including at least one Weintraub.

    I thought the strongest point made by Delguadio’s attorney was that (and I paraphrase) this was about the Supervisor’s work with Public Advocate and those who object to its message. In other words, if Supervisor Delguadio had any other day job, there would be no action.


    LOL at the fake conservative, fake Christian, Fred Sanford, who extols the “virtues” of dishonesty and bigotry. Sadly, the GOP has been catering to ignorant n’er do wells like Fred to help promote their fat cat agenda or deregulating everything, thereby promoting corporate corruption.


    You wish Fred.  This train keeps on a-rollin’.

    Amazing how Delgaudio wants to pick up trash in his neighborhood with folks from Sterling;  but he is scared to death of a jury trial.

    I think he’s getting concerned about the evidence.  It’s obvious King is.


    Fred,

    The recall is about Delgaudio’s misuse of power while in office: Using county resources to operate his hate organization. There’s a reason why his fellow Republican board members censured him.


    God Bless America. Finally some since of sanity has put the brakes on liberal aggression to clear the pathway of people who disagree with their leftist ideology. Delgaudio was rightfully elected By The People and if folks don’t like it, then vote him out at the next election.

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