The Commonwealth’s Attorney Steve Descano said his overworked, understaffed office is in a state of crisis, which could have deep ramifications for public safety.

“Potentially innocent people could be wrongfully convicted, or guilty people could be left on the street, making our community more vulnerable,” he told the Board of Supervisors in a meeting on Tuesday.

The short-term solution he proposed involves hiring 20 staff for about $2 million. He said this would ensure the office does not fall behind when felony trials resume in November, after being postponed since March due to the coronavirus. The 20 staff would not be enough, for example, to handle the influx of  potential evidence that would need independent review if every police officer starts wearing a body camera.

To ramp up the number of cases his office can prosecute thoroughly and ethically, Descano said he needs 137 attorneys and support staff, which would cost $19.1 million.

Fairfax County Board of Supervisors said they were surprised to hear Descano’s claim of unethical prosecutions and were experiencing a case of “sticker shock,” said Supervisor James R. Walkinshaw, of Braddock District.

“I think we’re all in a state of shock here,” Board of Supervisors Chairman Jeffrey C. McKay said.

A plan would need to be developed to address how these changes would impact other areas of law enforcement and justice, including the police department and the Fairfax County Attorney’s office, he said.

“While it is an emergency, we cannot respond to it like an emergency,” McKay said.

Supervisor John Foust, the Dranesville District Representative, told Descano: “You’ve found the problem, but I’m not sure you’ve identified the solution.”

The Office of the Fairfax Commonwealth’s Attorney prosecutes crimes that occur in Fairfax County and felonies that occur in Fairfax City and the towns of Herndon and Vienna. It tries cases in the county’s district and circuit courts, as well as the Juvenile and Domestic Relations District Court. The office works closely with state, county and local police departments.

But over the course of the year, Descano said he has had to cut back the number and scope of cases his office can prosecute.

The issue is a lack of state and local funding. Fairfax — the biggest jurisdiction in the state — receives less state funding in part because it tries to divert defendants from the criminal justice system. The state funds positions based on the number of defendants who make it to court and the number who are sentenced, Descano said.

He says local funding is low compared to surrounding jurisdictions, which spend up to four times what Fairfax County spends.

“A resident of Fairfax County can spend more on a gallon of milk than on the prosecution of crimes,” he said.

The ratio of officers to prosecutors is also imbalanced: For every prosecutor, there are 33 sworn officers making arrests, meaning prosecutors cannot keep up with the rate of arrests.

“We don’t have the time to do the cases properly,” he said. “The only way to give us more time is to add more staff. The reason we need this is without time, bad things can happen.”

These “bad things” include focusing on getting dockets cleared and farming out independent reviews of evidence to police officers.

“In essence, there were officers making case decisions as if they were attorneys, without the independent review of attorneys,” he said. “We like to think that has never happened in Fairfax County, but I’ve seen evidence that that has happened.”

Supervisor Pat Herrity, the Springfield District Representative, said he needs an executive session to be shown where the ethical issues are.

“I had not heard that before this issue came up and I think we ought to peel the onion on that skin a little bit,” he said.

Deputy County Executive David Rohrer, a former police chief for Fairfax County, defended previous commonwealth’s attorneys as well as the police department.

“I only observed the highest integrity and ethics in their staff,” he said.

Fairfax County Commonwealth’s Attorney-elect Steve Descano has revealed his first two planned appointments.

Descano announced last Wednesday (Nov. 27) that he intends to have Terry Adams, a private defense attorney in Arlington, take on the role of Chief Deputy, lauding his 14 years working on criminal and civil cases in Virginia.

“A clear and well-respected leader, Terry is a proven litigator with years of trial experience in Northern Virginia,” Descano said in the press release. “In addition, he would bring a well-rounded background and unique perspective to the position that will prove vital in helping to transform and lead this office forward.”

Previously, Adams worked in the Arlington County Sheriff’s Office and was on active duty in the Marine Corps for eight years, according to the press release.

Descano also announced that he plans to promote Senior Assistant Commonwealth’s Attorney Jessica Greis Edwardson to Deputy.

Greis Edwardson started working in the office of the commonwealth’s attorney in Fairfax County in 2009, where she was the first dedicated domestic violence prosecutor, according to the press release.

More from the press release:

She currently represents the Commonwealth in the prosecution of all violations of criminal law, specializing in homicides, sex crimes against children and adults, child pornography and exploitation cases, and domestic violence.

Ms. Greis Edwardson has been co-chair of the Fairfax County Domestic Violence Fatality Review Team since 2009, and serves on the County’s Domestic Violence Prevention Policy & Coordinating Council. She has trained judges, attorneys, law enforcement, advocates, and community service providers on criminal and civil legal issues in her areas of specialization.

Prior to joining the Commonwealth Attorney’s Office, Ms. Greis Edwardson spent three years at Legal Services of Northern Virginia and two years at Potomac Legal Aid Society, representing domestic violence victims in all aspects of domestic relations litigation, and supervising and training staff attorneys. Ms. Greis Edwardson also spent two years at a private law firm.

“I am extremely proud to announce Jessica Greis Edwardson, Esq. as my choice for Deputy in the Office of Fairfax County Commonwealth’s Attorney. I respect and thank Ms. Greis Edwardson for her service to this community and her eagerness to continue to do so. Her experience, specifically in this courthouse with the toughest cases, makes Ms. Greis Edwardson a clear choice for leadership. As we establish an appropriate path forward for this office’s growth, structure, and policies, I know Jessica will be essential,” said Mr. Descano.

Both Adams and Greis Edwardson are immediately named to the Descano Transition Team. Mr. Adams will be leading the division of the Transition Team that is primarily focused on office personnel and structure. Ms. Greis Edwardson will serve within that division.

Additional announcements regarding Office leadership are forthcoming.

This op-ed was submitted by Steve Descano, the Democratic nominee for Fairfax County’s Commonwealth’s Attorney and former prosecutor for U.S. Department of Justice under the Obama administration. It does not reflect the opinions of Tysons Reporter. We publish op-eds and letters to the editor of specific interest to the Tysons community. Contributions may be edited for length or content. 

The national conversation on immigration can be debilitating. While national politics on this issue is a catastrophe, local District Attorneys can implement policies in their offices to protect our immigrant communities.

Fairfax County’s next Commonwealth’s Attorney (Virginia’s version of a District Attorney) will lead a criminal justice system larger than seven states and the District of Columbia. The foreign-born population of Fairfax County makes up about 30% of its population of 1.1 million.

Where you come from doesn’t give you less of a right to fair treatment under the criminal justice system. Additionally, because prosecutors have the potential to touch so many when it comes to immigration, they must take the lead.

Immigrant populations are often vulnerable to a criminal justice system that does not treat them in the same way as non-immigrants. If we want Fairfax County to continue to be welcoming and for diversity to be a central characteristic of the community, then those values need to be reflected in the criminal justice system.

District Attorneys can change the way their offices interact with ICE and other immigration officials. I have promised not to assist ICE. This paradigm shift will increase public safety.

For example, domestic abusers regularly exploit their victim’s immigration status to stop the victims from reporting abuse, thereby trapping their victims in a recurring cycle of domestic violence. Allowing these victims to report their abuser without having to fear their own deportation gives them a real opportunity to escape continued victimization.

Regardless of the crime committed, when undocumented individuals feel that they can report crime to the police, our communities are safer. Instead of sowing distrust between immigrants and law enforcement, public safety demands that we ensure everyone feels protected.

Charging and plea guidelines in a DA’s office can also affect undocumented communities. Considering the immigration consequences of charging and plea decisions is critical to ensuring equality and opportunity. If two people commit the same minor offense, but only one’s punishment includes the breaking up of their family via deportation, the result is unequal treatment based on status.

Furthermore, deporting parents and removing them from their children for minor offenses serves no social good. It merely creates more hardship and exacerbates inequality.

For too long, the criminal justice system has been skilled at breaking up families and systemically fostering criminal behavior. This failure has taken the most vulnerable down with it.

As prosecutors, we have the opportunity to build up communities by rooting out the systemic causes of crime. We should be leaders in our communities in bringing equality to immigrants even if we can’t reform immigration policy nationally.

— Steve Descano

Photo via Steve Descano/Facebook

Jonathan Fahey, a former federal prosecutor, has thrown his hat into the race for the commonwealth’s attorney position in Fairfax.

Fahey worked on drug, gang and white-collar crime cases as an assistant U.S. attorney in the Eastern District of Virginia, but resigned last month, the Washington Post reported.

He is listed as an Independent candidate for the spot, according to Fairfax County candidate information.

Fahey served as general counsel for the White House Office of National Drug Control Policy last year, according to his LinkedIn. He also was an adjunct professor at American University’s law school and the George Washington University.

Fahey lives in the Falls Church area of Fairfax County near Belvedere Park, according to the Fairfax Bar Association.

Fahey will face off against former U.S. Department of Justice prosecutor Steve Descano, a progressive candidate who ousted Raymond Morrogh in a close race for the Democratic nomination.

The general election is Nov. 5.

Photo via Jonathan Fahey/LinkedIn

The primaries today (June 11) for Tysons-area voters will determine the Democratic nominees for two Virginia Senate seats; the Hunter Mill District, Providence District and chair for the Fairfax County Board of Supervisors; and the Commonwealth’s Attorney.

Any registered voter can participate in the primaries. Polls opened at 6 a.m. and close at 7 p.m.

Here’s a refresher on who the Democratic candidates are for each race:

Board of Supervisors chair:

• Reston developer Timothy Chapman
• Lee District Supervisor Jeffrey McKay
• Georgetown law professor Alicia Plerhoples
• Fairfax County School Board Member At-Large Ryan McElveen

Providence District seat on the county board, which covers Tysons and Merrifield:

• Technology professional Linh Hoang
• former Vienna Town Councilmember Edythe Kelleher
• Fairfax County Planning Commissioner Phillip Niedzielski-Eichner
• Providence District School Board Member Dalia Palchik
• Rotunda Condominium Unit Owners Association board member Erika Yalowitz

Hunter Mill District seat on the county board, which covers Vienna:

• Former Fairfax County Planning Commissioner Walter Alcorn
• Lawyer Laurie Dodd
• U.S. Air Force veteran and community advocate Shyamali Hauth
• Recent Roanoke College graduate Parker Messick
• Comstock Companies executive Maggie Parker

District 31 in the Virginia Senate, which encompasses McLean:

• incumbent Barbara Favola
• community activist Nicole Merlene

District 35 in the Virginia Senate, which encompasses Falls Church:

• incumbent Dick Saslaw
• lawyer and activist Yasmine Taeb
• attorney and small business owner Karen Torrent

Commonwealth’s Attorney:

• U.S. Army helicopter pilot and federal prosecutor Steve Descano
• incumbent Raymond Morrogh