Six weeks after being accused of perjury, Loudoun County Public Schools spokesman Wayde Belmont Byard hasn’t been told specifically what he accused of lying about to a grand jury investigating the handling of two student-on-student sexual assaults in 2021.
On Thursday in Loudoun Circuit Court, Byard’s attorney unsuccessfully sought to get the Virginia Attorney General’s Office to provide specifics.
“We need to know what statement they are alleging is false so we can defend him,” attorney Jennifer L. Leffler told Judge James P. Fisher. “This was a wide-ranging investigation.”
Byard, who was indicted on Dec. 12, testified on Aug. 2 to the grand jury which was formed by Attorney General Jason S. Miyares, R, at the behest of Gov. Glenn Youngkin, R. Leffler said Byard made a number of statements to the grand jury and there was a danger he might be convicted for a statement he wasn’t indicted for.
However, Brandon Wrobleski, a special assistant to the attorney general, said the office had “no intention to hide the ball” from the defense. Nonetheless, he said providing specifics would force the prosecution to “divulge its theory of the case.”
Fisher agreed and denied the motion. He said it was premature to seek specifics before prosecutors release discovery evidence to the defense, but Leffler could refile her request after viewing the evidence.
“It would require them turning over the theory of their case,” said Fisher, a former Fauquier County commonwealth’s attorney. “I don’t think that would be appropriate.”
A scathing report by the grand jury, which faulted LCPS as well as the county Commonwealth’s Attorney’s Office, Juvenile Office of Court Services and the Sheriff’s Office, concluded the second assault was preventable. The report noted school board members weren’t informed that the assailant in the second assault had been transferred from Stone Bridge High School to Broad Run High School where the second assault occurred.
The report mentions that when Byard was emailed by a Daily Wire reporter about the connection, he forwarded the email to several LCPS officials including his boss, Communications Director Joan Sahlgren and said, “I believe this should receive immediate attention.” Sahlgren replied, “Team, TAKE NO ACTION. I have got this.”
The report said there’s no evidence Sahlgren informed school board members that the Daily Wire was about to publish an article about the assaults being connected. Board members testified to the grand jury that they were blind-sided by the article.
Byard, 65, of Winchester, has been LCPS spokesman since 2000 and earns $170,603 annually. He has been on unpaid leave since being indicted. Byard is scheduled to stand trial on June 20-21.
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