Nett recall trial set amid months of ongoing legal proceedings

By Valerie Cury

Purcellville Vice Mayor Ben Nett’s recall case has encountered another delay. A hearing originally scheduled for Feb. 26 to consider arguments seeking dismissal was postponed after special prosecutor Eric Olsen reported he had fallen and injured his knee, leaving him unable to walk.

The hearing has been rescheduled for March 19, with the recall trial set for April 20–22.

In his Bill of Particulars, Olsen outlined alleged grounds for recall that differ from the language voters signed in the petition, raising questions about whether the case can proceed as filed.

The recall matter is unfolding in parallel with related criminal proceedings involving Nett and Town Manager Kwasi Fraser, which have also experienced a series of scheduling adjustments since their arrests last July, marking the seventh month since indictments were returned.

Earlier procedural complications contributed to the extended timeline. In late summer 2025, Olsen attended a scheduled hearing by videoconference after issues arose with in-person attendance. In January 2026, he submitted a joinder filing on a form that required correction, further extending the court’s schedule.

The indictments allege bid-rigging and commercial fraud stemming from the town’s decision to hire a consultant to conduct an independent review of the Purcellville Police Department. The contract, which carried a $12,000 cap, was publicly posted on the town’s bidding website, making it visible to all potential bidders. The prosecutor alleges the defendants manipulated the bidding process for the contract.

A hearing earlier this month to determine whether Nett and Fraser would be tried together was postponed after Olsen filed a motion for joinder only two days before the scheduled hearing—short of the court’s one-week advance filing requirement. 

Defense attorneys told the court the limited notice made it difficult to prepare responses. Olsen apologized for the late filing, explaining that he had been involved in a multi-day jury trial in another district.

Both men appeared before Chief Circuit Court Judge Douglas L. Fleming Jr. in Loudoun County Circuit Court on Feb. 12 to address the motion. During the hearing, Olsen requested that a trial date be set even if the joinder was not immediately approved, operating under the assumption that the motion would be granted at the next hearing. Fleming denied that request, leaving the joinder question pending until Feb. 19.

On Feb. 19, Fraser’s attorney, John Boneta, argued in court filings that there is insufficient evidence showing Fraser committed any criminal acts. He also noted that the four separate felony charges against Nett are unrelated to Fraser, reinforcing his position that the cases should be tried separately to avoid potential prejudice. 

Fleming said the charges “contemplate” joinder.

Both the bid-rigging and fraud cases for Nett and Fraser are currently scheduled for trial Dec. 7. Nett’s separate trial on the four felony counts involving alleged improper database access is set for Oct. 26.

---