The Virginia Attorney General, Jason Miyares, unveiled a detailed report on Friday, outlining systemic issues in the handling of serious cases by Fairfax County Commonwealth’s Attorney Steve Descano. The report, which spans 33 pages, accuses Descano of leveraging his prosecutorial discretion in a manner that the AG claims constitutes “weaponized incompetence”. This accusation encompasses a range of alleged violations, including failing to disclose exculpatory evidence to the defense – a legal standard known as the Brady rule – and neglecting to enforce mandatory minimum sentences in high-profile cases.
One of the most contentious allegations centers on Descano’s management of a case involving Richard Cox, a former sex offender who recently identified as transgender. Cox’s legal history is extensive, dating back to 1992 when he was charged with indecent liberties with a child in Arlington. In 2006, Cox was barred from a public library after accessing the internet in the children’s section with a laptop, which police later found to contain child pornography. Despite a warning from a probation officer in 2023 to avoid areas like libraries or community centers, Cox later cited “residence instability” and claimed that his current gender presentation could lead to risks under his probation terms. This led to the dismissal of an indecent exposure charge in his case.
Cox’s situation is further complicated by the fact that the gym where the indecent exposure incident occurred is in the same building as a children’s indoor playground. Miyares notes that loitering within 100 feet of such facilities violates Cox’s probation terms, suggesting that Descano’s handling of the case has significant implications for public safety. Additionally, Miyares has pointed out that Desc, Cox was not prosecuted in the proper jurisdiction after being jailed in Arlington County, raising questions about the adequacy of Descano’s oversight.
Other allegations include Descano’s mishandling of an abduction by a repeat offender, Jaldin, who allegedly grabbed a 3-year-old girl at a mall. Despite being released from prison just days before the incident, Jaldin was charged with 30 instances since 2016, according to local reports. Descano’s office reportedly dropped two charges of