Judge sets next date for Purcellville indictment case as attorneys await evidence

By Valerie Cury

The scheduling of the next court date for Purcellville Vice Mayor Carl “Ben” Nett and Town Manager Kwasi Fraser was once again postponed during a Sept. 25 hearing in Loudoun County Circuit Court. The new date has been set for Nov. 20 at 1 p.m.

Attorneys for both Nett and Fraser are expected to soon receive limited access to transcripts from the grand jury that returned indictments against their clients. However, Special Prosecutor Eric Olsen stated that the transcripts are still being finalized—60 days after the indictments were issued—and are not yet available for full review.

Olsen also indicated that he intends to file a motion to consolidate the two cases. Defense attorneys will be unable to formally respond until they have reviewed the grand jury materials in greater detail.

The Sept. 25 hearing had itself been rescheduled from an earlier court date on Sept. 4, after defense attorneys John Boneta, representing Fraser, and Ryan Campbell, representing Nett, requested a delay, citing lack of access to the grand jury transcripts and other discovery materials.

Sept. 4 hearing

At the Sept. 4 hearing Special prosecutor Eric Olsen, Stafford County’s Commonwealth’s Attorney, did not oppose the hearing request to reschedule, noting that the transcripts at the time were still unavailable more than 40 days after the indictments. Olsen participated in the hearing by phone. Fraser appeared in person with his attorney, while Nett did not attend and was represented by his attorney, Ryan Campbell. Loudoun County Circuit Court Judge Jim Plowman granted the continuance.

Fraser and Nett each face two felony charges, including allegations of bid rigging and commercial fraud involving a government contract. Nett also faces four additional felony counts related to the unlawful acquisition of identifying information.

The charges stem from a grand jury indictment on July 23. According to prosecutors, while serving as a town police officer, Nett allegedly used a law enforcement database to obtain personal information through misrepresentation and trickery.

Following the hearing, former State Senator Dick Black, who was in attendance, spoke with reporters. He said that both Fraser and Nett are seeking access to the grand jury transcripts in order to better understand the nature of the charges against them.

When asked why he was interested in the case and whether he had any business or financial ties to Fraser, Black responded, “No, I don’t have financial connections with anybody at this point in my life.”

He was then asked if he had any active dealings with Fraser in Guyana. Black said, “No, I don’t have any active dealings, no, not at all.” Black explained that Frasier is a friend of his and they are both Republicans.

Black explained that Fraser was one of the mayors who served during his time in office. He said he represented a quarter of a million constituents, including the 10,000 residents of the Town of Purcellville. Black added that he became particularly aware of Purcellville after campaigning door to door and being struck by the strong opposition many residents had toward Fraser’s predecessor (former Mayor Bob Lazaro).

Black said the backlash toward the former mayor (Lazaro) stemmed from a vote to significantly expand the town’s sewage plant. He explained that sewage and water infrastructure are essential for high-density development—without them, such development isn’t possible. The expansion, he said, was far beyond what the town could realistically use, and as a result, it left residents burdened with massive debt.

Black said the expansion was designed to pressure Purcellville residents into accepting high-density development. He argued that it saddled the Town with significant debt and exacerbated long-standing tensions over growth.

The Town of Purcellville has had “this huge growth-versus-anti-growth struggle that has consumed County politics for many years,” he said.

According to Black, many residents believed the expansion was a deliberate tactic—forcing voters to choose between high taxes or accepting annexation with dense development as a solution.

“So I operated under that realization all the time,” he added.

Then Fraser was elected. He was, Black said, “very well qualified,” with an MBA from Rutgers and time spent at Harvard. Fraser ran on a platform of keeping taxes low and, notably, “did not expand the boundaries.” According to Black, during his eight years in office, Fraser never raised taxes and worked to pay down the town’s debt.

“The politics of Purcellville will always be tumultuous because you’ve set in place this mechanism where you have people with land interest who are naturally going to favor expansion, and you know, the towns people who just want Mayberry—they want the small-town atmosphere.”

Black said that when the Town did the evaluation of the Police Department the range of the cost was put at $12,000 and it was posted publicly on the Town’s bid board (in the Addendum 1).

Black said it was extraordinary to have a grand jury over a $12,000 contract. “This is not about a $12,000 contract. This is about hundreds of millions of dollars that stands to be made from high density development.” 

“I know how politics works, and there is a tendency for politicians to do things that favor the very wealthy, very powerful interests, and I think that influences what’s happened here.” Black said, “There is a potential to break the majority of the Town Council.”

“Justice is my business,” said Black continuing to explain to the press why he is interested in this case. “I was the chief of the criminal law division for the army of the Pentagon, and I was responsible for all Department of Defense capital punishment cases.”