PURCELLVILLE, Va. (April 20, 2026) – A three-day jury trial to decide whether Purcellville Vice Mayor Carl “Ben” Nett will be removed from the Town Council is scheduled to begin today in Loudoun County Circuit Court in Leesburg, nearly one year after petitions to recall Nett and three other council members were filed by Purcellville voters.
The trial is expected to run April 20 through April 22 and will be presided over by visiting Fairfax County Circuit Court Judge Randy I. Bellows. At least half of the first day is expected to be devoted to jury selection, according to prior court scheduling.
How the Case Reached Trial
The recall petition against Nett was filed in Loudoun County Circuit Court on April 28, 2025, by a group identifying itself as the Qualified Voters of Purcellville. The petition seeks Nett’s removal on four grounds, including alleged violations of the Virginia Freedom of Information Act by conducting town business through personal email, phone, and potentially the Signal messaging app, and alleged incompetence in coordinating council agenda items and seeking expert advice.
On November 20, 2025, Stafford County Commonwealth’s Attorney Eric L. Olsen, appointed as Special Prosecutor in the case announced that sufficient cause existed to proceed with the recall. Olsen subsequently filed a Bill of Particulars in December 2025 outlining seven categories of alleged misconduct. Those include claims that Nett sought personal financial gain through his roles with the town, retaliated against the Police Department following his termination, violated FOIA, failed to follow town procurement and hiring procedures, and engaged in malfeasance by allegedly attempting to suppress a consultant’s favorable evaluation of the Police Department.
The trial was originally scheduled for March 2–4, 2026, but was postponed to April after Olsen sustained a knee injury. At a March 19 hearing, Judge Bellows denied most of a defense motion to dismiss, allowing the case to proceed. Bellows struck one paragraph of the Bill of Particulars relating to an alleged false sick-leave claim, ruling that matter concerned Nett’s conduct as a police officer rather than as a council member and could not be used at trial.
Background: How the Dispute Developed
The underlying dispute traces to January 1, 2025, when Nett was sworn in as a council member while continuing to serve as an officer with the Purcellville Police Department. Loudoun County Commonwealth’s Attorney Bob Anderson raised conflict-of-interest concerns and recommended Nett be restricted from voting on police-related matters.
On April 4, 2025, Nett was terminated from the Police Department. The following day, the Town Council, with Nett participating in the vote – moved to begin the process of eliminating the department entirely. Anderson issued an advisory opinion on April 22, 2025, stating his view that Nett had violated Virginia’s conflict-of-interest laws. The council subsequently reversed course and funded the Police Department for the year.
Brian Morgan, who organized the recall effort, said the decision to move toward disbanding the Police Department without public comment was the catalyst for the petitions. Petitions were also filed against Mayor Christopher Bertaut and Council Members Susan Khalil and Carol Luke; those have not been publicly set for trial. Nearly 1,200 residents have signed recall petitions targeting council members to date.
Separate Criminal Charges
The recall proceeding is a civil action under Virginia Code §24.2-233 and §24.2-235, and is distinct from the criminal case against Nett. On July 23, 2025, Nett was arrested alongside former Town Manager Kwasi Fraser on charges including bid-rigging and conspiracy. Nett faces four additional charges related to alleged misuse of the Virginia Criminal Information Network. Those criminal trials are scheduled for October and December 2026.
State Legislation Signed Ahead of Trial
In the days leading up to the trial, Gov. Abigail Spanberger signed legislation specifically addressing the Purcellville situation. The bill, a combination of measures introduced by Del. John McAuliff (D-30) and Sen. Russet Perry (D-31) – would suspend Nett from the council until both the recall case and the criminal charges are resolved, regardless of the outcome of this week’s trial. During any suspension, the court may, but is not required to, appoint a person to fill the seat.
The legislation also establishes that members of local governing bodies previously employed by the locality are deemed to have a personal interest tied to that employment for two years following termination; requires Purcellville to commission a study evaluating the town’s debt, infrastructure, utilities, and liability risks, and to address identified needs in a fiscally appropriate manner; and prohibits the Town Council from voting on items not publicly advertised in advance.
An emergency amendment added by Spanberger at Sen. Perry’s request allows the law to take effect upon ratification by the General Assembly, which reconvenes April 22, the final day of the recall trial.
Nett’s Response
Nett has denied wrongdoing and has described the recall campaign as politically motivated. In a January 21 statement, he attributed the effort to what he called a “Council Minority” frustrated by electoral outcomes and ongoing reform efforts. His defense attorney, Jennifer McGovern, argued in her motion to dismiss that the allegations were vague, unsupported, and exceeded the scope of the original voter-signed petition.
On April 14, Nett announced a video series titled “The Battle of Purcellville,” which he said would document his account of the legal and political disputes surrounding his tenure.
Separately, Nett has filed a federal lawsuit seeking $41.4 million in damages against fellow council members Erin Rayner, Caleb Stought, and Kevin Wright; Assistant Town Manager Diana Hays; Human Resources Director LaDonna Snellbaker; Interim Police Chief Sara Lombraña; Police Lt. Mike Holman; and Commonwealth’s Attorney Bob Anderson. Lombraña has filed a separate defamation suit against Nett and the town seeking $10 million in consequential damages and $350,000 in punitive damages.
What Happens If the Jury Rules
A successful jury recall of a sitting elected official is rare in Virginia; the statutory process has seldom resulted in removal. Under Virginia law, if the jury finds by clear and convincing evidence that statutory grounds for removal have been met – misconduct, neglect of duty, or misuse of office – the court may order Nett’s removal from office. If the jury finds insufficient grounds, the petition will be denied and Nett will remain on the Town Council, pending the impact of the newly signed state legislation.
Regardless of the jury’s verdict, the legislation signed by Gov. Spanberger is positioned to take effect as soon as April 22 and would suspend Nett from council duties until his criminal trials conclude later this year.
Purcellville News will continue to follow the trial proceedings and publish updates through the verdict.
