Tuesday 13 September 2022 10:29 PM Judge removes DA from case of dad whose daughter was raped by trans boy at ... trends now

A Virginia judge has pulled a liberal Loudoun County prosecutor from a case surrounding the father of a girl who was raped by a 15-year-old boy in a public school bathroom - after he donned a skirt to get inside and take advantage of the school's lax transgender policies.

Scott Smith's daughter was attacked by the unnamed student at Stone Bridge High School in Ashburn, Virginia, in May of last year - spurring school officials to deny the  girl had been sexually assaulted after she reported it.

A month later, the school board of Loudoun County held a meeting, during which officials reiterated that the school's gender-fluid bathrooms - where the rape took place - were not problematic.

Smith reacted with fury, in scenes that were filmed and went viral, as he was dragged out of a school board meeting by police, bloodied, after teachers falsely asserted they had not received reports of sex assaults in the girls' toilets.

The 15-year-old attacker- who DailyMail.com is not naming because he is a minor - has since been found guilty of sexually assaulting Smith's daughter, who was also not named due to her age, as well as another girl in a different school in October.

Smith, meanwhile, was charged with disorderly conduct and resisting arrest for the June outburst, which saw him allege the school board was engaging in a cover-up of the assault, which was proven in court to be a rape.

Convicted of two misdemeanors following the board meeting - disorderly conduct and a since-dismissed obstruction charge - Smith is now trying to appeal the remaining charge, after successfully campaigning to remove prosecutor Buta Biberaj from the case.

Smith accused Biberaj, one of several 'woke' DAs bankrolled by billionaire Democrat donor George Soros, of having a 'clear bias', saying she sought to make 'an example' of the Virginia father.

In a court order Tuesday, Loudoun County Circuit Court Judge James Plowman said while he did not find 'sufficient grounds' to determine a 'direct conflict' that would grant the dismissal, he found Smith's argument 'persuasive' and 'sufficiently grounded,' and that the father's 'due process right's' were subsequently in jeopardy.

He would then sign off on the prosecutor's removal - the second time he was forced to do so in a matter of months.

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The bombshell ruling came after Bill Stanley, the attorney for the Smith family, relentlessly argued during a May hearing that chief Loudoun prosecutor Biberaj was inherently biased against Smith, which interfered with Smith's right to a fair trial.

The decision to remove the jurist comes on the heels of a similar decision from the same Judge, that saw him remove the Commonwealth's Attorney from a June burglary case in which he said Biberja's office was purposely misleading the public.

In that case, Judge James Plowman - who served as the Loudon Commonwealth Attorney before Biberaj's election in 2019 - said a faulty plea deal set up by proved Biberaj was incapable of prosecuting the case 'consistent with professional standards,' after she repeatedly downplayed the Hispanic suspect's criminal history.

Now, Biberaj, who has received $861,039 from George Soros' Super PAC in 2019, has been nixed yet again - with Plowman again explaining his reasoning behind the decision.

'The position as articulated by counsel for the Defendant during oral argument is persuasive,' the judge wrote.  

'The concerns about the public confidence in the integrity of the prosecution as well as the Defendant's concerns regarding the impartiality of the Commonwealth's Attorney are sufficiently grounded. 

'As a result, the integrity of the Defendant's due process rights is in jeopardy and must be protected,' he declared, approving Smith's request.

The case will now be transferred to another county, with Stafford's Commonwealth's Attorney Eric Olsen now handling the disorderly conduct appeal.

After the ruling, both Smith's attorney hailed Plowman's decision as a victory.

'All that Scott Smith and his family have ever asked for is that the Loudoun County school system protect their daughter and treat them fairly; it has not,' Bill Stanley, the attorney for Virginia dad, said in a press release Monday.

'The Court's Order today has corrected, in some measure, the injustice created by Ms. Biberaj's bias against Mr. Smith, and the Court has restored his hope for a fair trial on the remaining charge against him in his quest to protect his beloved daughter,' Stanley added.

'We are very grateful for the Court's ruling.'

In his own statement, Smith also touted the news, reiterating claims that the prosecutor had sought to make an example of the irate father for her own political agenda.

'A fair system of criminal justice that is void of both bias and political agendas is the cornerstone of a free society,' Smith wrote. 

'From the beginning, Ms. Biberaj has sought to make an example of me for simply standing up to defend my daughter at the now infamous Loudoun County School Board meeting.'

He went on: 'Buta Biberaj has demonstrated a bias against me

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