Short story; Descano and his chief got into an argument with two courthouse officers (Allied Security not sheriffs) over bypassing the metal detector.  

Descano filed a complaint, put them on the Brady list, refused to cooperate with the investigation, and when they were cleared, kept the officers on the Brady list.  

https://www.foxnews.com/us/fairfax-virginia-descano-confrontation-cleared-investigation-brady-list

Since this is now in the public forum and only a simple google search away, They should sue Descano/Manikas for Libel, this impugns their good name and interferes with their livelihood. I would be filing a BAR compliant too


Attached File

Descano also pursued CRIMINAL charges of libel against someone over political views.

The magistrate brought those charges, but yes, Descano should have dropped them like a hot potato the moment they reached his office.  

Outside of his political activism leanings, his office is in complete disarray.

He pursued them.

I know a guy from school who just left that office in... dramatic fashion.

Was told they are having to hire local private defense attorneys as part time prosecutors because nobody on staff as experience prosecuting complex cases like homicides. Not sure how this is not some kind of conflict of interest.

Hire defense attorney that represents accused killer A one week to then prosecute a different accused killer B next week.

Wait can some explain this story. I had not heard of this before. Wondering how a magistrate just issues a warrant on their own?

Most of the details are in this link.

Sorry, I should have been clear in my question. I meant the story about the magistrate issuing warrants on their own. Or was this all part of the same story?

This was the story I was referencing.

Sorry, I pasted the wrong link earlier.

Here's the story.  

Basically, the creepy guy went to the magistrate, swore out a complaint and Descano's office ran with it.   That's an artifact of Virginia law where magistrates can bring charges for most misdemeanors.

That used to be fairly common, as was a jurisdiction only having a part time CA who also practiced in other jurisdictions.  Of course, typically you’d bring on a special who did not do much in your locality, to try to avoid potential conflicts.  I get the feeling that ethics aren’t the driving force behind this guy’s decisions.  

I have heard of it and maybe have even seen it done but it’s usually from neighboring jurisdictions like you said. Like a defense attorney in Hampton might also be a prosecutor in York county. Not a defense attorney in Hampton also being a prosecutor in Hampton. I used the places to illustrate only, not that they do this.

Before I got a fulltime ACA slot, I was a part-time ACA in one county, and had a small defense practice in the surrounding counties (10/11th circuits). Also, there are a lot of specialized JDR prosecutor slots that are grant-funded and so are part-time.

I believe there are still a handful of truly part-time elected CA positions... Craig County I BELIEVE is still one; I imagine certain places like Highland County might as well. These are counties with total populations under about 5,000. There aren't many. My old boss, when he was first elected in 1980 (he retired last year at seniority #4) prosecuted and had a bustling civil practice simultaneously. I believe most of the big changes in this realm occurred in the mid 90's?

As to how the magistrate issued the charges on his/her own, that's their job. Citizens and police go to the magistrate, fill out a criminal complaint (or give sworn oral testimony in the case of police), and the magistrate issues the warrant upon finding of probable cause. A citizen used to be able to swear out a felony warrant without any LE involvement; this only changed within the last 10 years or so. Even so, there have been quite a few rubber stamped LE "investigations" on a citizen felony warrant request. I've had to defend as well as prosecute them. They usually fail at the earliest preliminary levels, if the CA even pursues them.

Only a handful of charges require prior approval by the CA's office, these are laid out in statute. Capital Murder (or whatever its new title is) is the only one that comes to mind; although out of habit most magistrates in my experience would not issue warrants against elected or appointed officials without the CA being involved.