Virginia Attorney General Jason Miyares says he’s referring an investigation of Fairfax County Commonwealth’s Attorney Steve Descano to the Department of Justice.
Miyares accuses Descano of violating federal law. A weeklong investigation into claims of prosecutorial misconduct has so far yielded no criminal charges.
At a news conference Miyares held Friday, crime victims and survivors said Descano’s office failed to bring them justice.
“You just failed me as a person. I was 14. I was 14 years old, and you failed me,” Kira Linnemeier said.
She said she survived an assault but her case was never prosecuted.
A mother said her daughter was a victim in a separate case that also was not prosecuted.
“No evidence was presented. We went through more than seven prosecutors and she didn’t see justice,” Sheri Dunnam said.
Dozens of people stood behind Miyares, who is running for reelection. He called out Descano for how his office handled dozens of cases, including a recent attempted abduction inside Fair Oaks Mall. Andres Caceres Jaldin was charged after video appears to show him scoop up a toddler and walk off with her. He was released from custody just a few days prior, with violent criminal charges pending.
“Shortly thereafter, the governor asked our Office of the Attorney General to not just investigate this matter but look at the entire pattern of failure by the Fairfax Commonwealth’s Attorney’s Office – their failure in protecting victims, their failure at protecting law-abiding citizens,” Miyares said.
News4 has repeatedly asked Descano’s office why Caceres Jaldin was free on bond at the time of the attempted abduction. They declined to comment.
Descano offered a statement on Friday in response to Miyares’ claims.
“This is a sad, last-ditch political stunt by a man who’s about to lose an election. His lies, half-truths and distortions don’t change the fact that voters elected me twice to run our justice system this way, and in doing so we’ve kept Fairfax the safest large county of its size in the country,” he said.
Miyares has not filed any criminal or civil charges against Descano despite allegations of code violations.
Miyares accuses Descano of providing protections to noncitizens and says he’s referring that to the Department of Justice because he says it violates federal law.
“These are federal violations, when you’re violating both due process and the immigration law passed by President Clinton that says you can’t provide special benefits to noncitizens compared to citizens,” he said.
News4 asked, but no state statute violations?
“No, no,” Miyares replied.
One of the cases Miyares talked about on Friday, next to a posterboard on an easel, is a case that didn’t take place in Fairfax County.
Miyares acknowledged it wasn’t a case Descano’s office had anything to do with once News4 asked why it was being included in talks about the investigation into Descano’s office.
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