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New motions filed in Delgaudio recall case

Four days before the next court hearing on the petition to remove Supervisor Eugene Delgaudio from office, an attorney representing hundreds of Delgaudio's Sterling constituents filed a string of motions adding to the complexity of the case.

John Flannery, the local attorney for the Citizens of Sterling group, which is seeking to have Delgaudio removed for abuse of public office, filed a motion Friday asking to have the appointed prosecutor dismissed from the case. Additionally, Flannery wants the recent depositions of both Delgaudio and one of his primary accusers, former legislative aide Donna Mateer, made public.

The prosecutor in question is Arlington Commonwealth's Attorney Theo Stamos, a Democratic elected official who led the 2013 special grand jury investigating allegations Delgaudio (R-Sterling) used public employees and Loudoun tax dollars for political fundraising. The Stamos-led examination did not bring forward an indictment against Delgaudio, but a final grand jury report did highlight a number of questionable practices in his office.

In January, the Sterling citizens group filed a recall petition in Loudoun County Circuit Court to displace Delgaudio from the Board of Supervisors. Delgaudio's foes -- more than 600 of his constituents signed the petition -- say the Sterling supervisor's inflammatory rhetoric and fervent anti-gay views have caused dysfunction within Loudoun County government.

Flannery's motion Friday also includes another request that he intervene as plaintiff in the case. Earlier this year, Flannery was denied a similar request.

“Ms. Stamos has failed over several months now to conduct the most rudimentary and obvious discovery to substantiate the petitioners’ charge,” states Flannery's motion. “[Stamos has] even attacked the petition’s principal fact witness, Ms. Donna Mateer, and otherwise made the curious admission that she has never conducted a deposition in her 28 years of practice at the bar, that is, except for her scornful cross-examination of Ms. Mateer; accordingly, the Sterling Citizens respectfully request that this Court grant the following relief ...”

The motion continues:

“First, the removal of Ms. Stamos who has breached her charge to enforce the statute, preferring instead to defend Supervisor Eugene Delgaudio, because her 'investigation' and 'discovery' to date focuses entirely on disputing the petition and impeaching its charges and the witnesses and petitioners who have brought these charges;

“Second, there are key witnesses and documents that Ms. Stamos has made no effort to obtain ...

“Third, one of the reasons that the Sterling Citizens can’t say (definitively) what’s in the public record (regarding what subpoenas Ms. Stamos has issued (or not) – and if there are any others) is because the filings in these court proceedings are not available to the public in the Circuit Court Clerk’s Office any longer ...”

Lastly, “appoint a special counsel, to substitute for Ms. Stamos, who does not suffer Ms. Stamos’ bias against the statute’s intent and does not share her reluctance to conduct the discovery necessary to prosecute the cause with some vigor.”

Responding to Flannery's claims, Stamos on Monday said she didn't "really want to give any credit to Flannery's bloviating." The Arlington commonwealth's attorney said she would be addressing Friday's motions in court on Tuesday.

In March, Stamos noted her objective in the case is to “further the best interest of the commonwealth,” not necessarily the “best interest of the petitioners.”

Because of this, Flannery said, the petitioners essentially have no legal representation in the courtroom.

Delgaudio, his attorney Charlie King, Flannery and Stamos return to court Tuesday morning for a pre-trial hearing on the matter. People familiar with the case said they expect Stamos to move to dismiss the petition.

Stamos was tapped to represent the commonwealth in the case by retired Arlington judge Paul Sheridan, who is overseeing the proceedings. Loudoun Commonwealth's Attorney Jim Plowman was granted a recusal from the case because both he and Delgaudio are elected officials of the same political party.

Related documents:

-Special Grand Jury Report

Past stories on Delgaudio:

-Democrats file recall petition to remove Eugene Delgaudio from office, Jan. 28
-Delgaudio dropping legal action against board colleagues, Aug. 30, 2013
-Delgaudio censured, punished by colleagues on all-Republican board, July 18, 2013

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


Chris N. I suspect Delgaudio is one, not everyone for traditional marriage. Just look at how many vocal republicans in government who are active in suppressing gays are caught in gay relationships, there are dozens of documented cases.

like Delgaudio who I suspect is a self loather.

Come on @fedupdude, you can do better than that. (I’ve seen your posts for a long time, you can certainly do better than that.)

Why is it that the “self-loather” (self-loathing homosexual) card is thrown at anybody who supports traditional marriage? It’s beyond ridiculous and just getting old.

As to a sour soul, LOL that is rich from a guy supporting a hate monger like Delgaudio who I suspect is a self loather.

Public Advocate paid the photographer and the couple are still suing.

“A U.S. District Court judge in Colorado has issued a split decision in the federal case of a same-sex couple who alleged that Loudoun County Supervisor Eugene A. Delgaudio’s conservative nonprofit group illegally used their private engagement photo on anti-gay-marriage campaign mailers in Colorado.

Senior U.S. District Judge Wiley Y. Daniel found that the plaintiffs—New Jersey couple Tom Privitere and Brian Edwards and photographer Kristina Hill, who made the original image—have a “plausible copyright infringement claim” but dismissed their assertion that the couple’s likenesses had been illegally misappropriated.”

Post all the facts not just the half you want to hear.

fed up dude go to public advocate and get your verification and the links to it, you seem to be a sour soul here’s hoping you get lucky. I feel that the LT should have posted the results of the trial in Colorado as it was a big storie when it was charged initially. Eugene is the new Teflon man, no matter what dirt Flannery, Stevens, Alveraz, Barney or the democrat groups try to pin on him it just rolls off. I almost feel sorry for “Sterling Deserves Better” but they couldn’t see the bill of goods and dirty tricks inept lawyers have fostered on us all. Just think if you were on death row would you choose Flannery to represent you? Only if you had a death wish!

Sterling’s Fireworks Festival Saturday June 28 (Free) (THIS SATURDAY)

The Sterling Swim and Golf Club sponsors this for 30 years. 11:00am - 8:30pm: Food and Beverages, Live Music Address: 333 S. Sterling Boulevard by Sterling Middle School. Fireworks begin after dark.


The federal case in Denver is over for me and my group Public Advocate. All the documents, agreements are posted with the court and on my website.  http://publicadvocateusa.org/news/article.php?article=9540

Regarding statements on the Tuesday Hearing
After a court hearing Tuesday at 11 AM, Sterling “Supervisor Eugene Delgaudio and his attorney Charles King will be available to speak to members of the press outside the Loudoun County General District Court at 18 East Market St. Leesburg, VA 20176.” (after the 11 a.m. hearing)

Don’t Forget there will be actual real fireworks Saturday at dark (about 9:20 p.m.) June 30 in Sterling at the Sterling Swim and Golf club with music by Swingshift. Festivities are all day starting at 11 a.m. You can see the fireworks from Sterling Middle School also, but you can not hear Swingshift a really great band —- Go to http://sterlinggolfandswim.com/

I am grateful to the board of supervisors and to the people of Sterling for assisting me in finding several missing links for sidewalk construction and along with private and federal grants and other board related proposals, Sterling will see some new sidewalks all over the district this summer based on recent and ongoing board actions.

I continue to sit on the Land Use Committee and that has been non-stop worksessions with another special work session next week. My office phone is 703-771-5819 and I am always working, including Sunday night—last night.


Eugene Delgaudio
Sterling Supervisor

“Responding to Flannery’s claims, Stamos on Monday said she didn’t ‘really want to give any credit to Flannery’s bloviating.’”
Neither do we.

oranges869 - I don’t think you understood what happened in the copyright case against Delgaudio; there were two parts to the case and one part was dismissed, the copyright violation civil case is moving forward and Delgaudio will lose it because things on facebook are not public domain.

Yes, please put Delgaudio out of our misery!

This guy is what gives attorneys a bad name. Stamos said thanks but no thanks when he offered help and that appears to be the straw that broke the camels back. Sheridan ought to put a gag order on this guy and find he in contempt for wasting the courts time. The SPLC just had their case defeated by Delgaudios lawyers and now that the end is in sight and it does not look good for a recall Flannery wants to change the rules and the combatants, no Sir! The lack of legal representation starts with Flannery, Stamos from what I have seen is as pure as the driven snow. Please Judge Sheridan put this guy out of our misery!

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