The recall trial of Vice Mayor Carl “Ben” Nett continued into its fourth day on Thursday, with the defense presenting testimony from former town attorney John Cafferty, Vice Mayor Ben Nett, state ethics official Stuart Petro, and Councilmember Susan Khalil.
Former town attorney John Cafferty was the first witness called. Questioning focused on conflict-of-interest law and the disclosure and notification requirements that apply to state and local officials under the Virginia State and Local Government Conflict of Interests Act (COIA). Testimony addressed the steps an official is expected to take with respect to disclosure and recusal when a potential conflict arises.
Vice Mayor Nett then took the stand in his own defense for an extended portion of the day. Nett testified that he moved to Purcellville from Kentucky in 2021 and announced his candidacy for town council in February 2024. He told the court that before running he contacted Stuart Petro, executive director of Virginia’s Conflict of Interest and Ethics Advisory Council, to confirm there was no conflict in running for council while serving as a police officer, and that he received guidance in response.
Nett testified that, in his view, members of the police department took issue with him after he announced his candidacy because he sought to restructure the department. He described facing a series of complaints — citing, as examples, a complaint involving handing out children’s stickers and one involving a dog. He questioned interim Chief Sara Lombraña’s timing in requesting a drug screening. He also told the court he was upset about political signs placed at the police station.
Regarding the selection of a town manager, Nett testified that he did not consider himself a “friend” of Fraser under his own definition of the word. Nett said it was the mayor, rather than him, who set meeting agendas. He testified that he was comfortable with Fraser’s appointment and did not interview other candidates. He said supporting Fraser was not his idea and attributed the initial push to others, referencing a January 5 conversation.
Early in his testimony, Nett stated he had never told anyone he wanted to become chief of police. Later in his testimony, he said that Mike Jones, a public safety consultant who testified earlier in the trial, had recommended that he become chief after he described his qualifications, recounting Jones as saying, “Son, you should become chief of police.” That account contradicts Jones’s prior testimony, in which Jones repeatedly stated that Nett was not ready to be chief.
Under cross-examination, Commonwealth counsel Olsen pressed Nett on whether it violates town policy for council members to directly contact employees regarding promotions or personnel changes. Nett replied that he would let the jury determine whether he had violated town policies.
Nett testified that he had recused himself from relevant votes and had voted with the minority on some matters.
Olsen questioned Nett about the lawsuits he has filed against three council members and several town employees. When asked to confirm the value of the federal lawsuit, Nett said he was not certain of the figure but confirmed it was in the “tens of millions.”
Additional cross-examination addressed a press release Nett had drafted concerning the promotion of Sgt. David Camp to interim police chief. Nett testified that the release was prepared only as a draft after he had discussed the opportunity with Sgt. Camp, and that he had no intention of sending it.
Nett told the court he did not recall whether interim town manager Tony Sabio had been listed as a reference during his application process with the Purcellville Police Department. He did, however, remember being invited to Sabio’s wedding.
During further questioning, Nett said he did not recall accusing Lt. Holman of a Class 1 misdemeanor when Holman approached the podium to question why the council majority was not standing in recognition of the police department’s accreditation award.
Nett also testified that the town attorney and Fraser had advised him not to speak with Lieutenant Jessica Tacha, the outside investigator conducting Nett’s internal affairs investigation.
Regarding his vote to rescind the Chapter 42 ordinance governing the police department, Nett testified he cast the vote based on concerns about the department’s viability and the town budget.
Nett further testified that a grievance panel had found he was improperly placed on the Brady list and improperly terminated. When asked how the grievance panel was formed, Nett stated that he selected attorney Jonathan Wright, whom he believed had the ethical and legal qualifications to review the grievance. Olsen questioned Nett’s connections with Wright, noting that the panel was supposed to be impartial.
Stuart Petro, executive director of Virginia’s Conflict of Interest and Ethics Advisory Council, followed Nett on the stand. His testimony was largely technical, with Olsen asking Petro to confirm whether, under various provisions of state law, conflict-of-interest disclosures were required in specified circumstances.
Purcellville Councilmember Khalil was the final witness of the day. She testified about the majority slate’s goals on council, stating that members intended to replace the town manager and wanted to “hit the ground running” with someone who “was with us.” Khalil told the court that Fraser did not immediately accept the town manager position, that he had to “pray on it,” and later returned and accepted. She described the period following the January 8 selection of the town manager as one in which “all hell broke loose.”
Khalil acknowledged that hiring criteria for the town manager position changed and that interviews were not conducted, stating, “I didn’t see the need.” She characterized the Purcellville Police Department as “top-heavy” and said Nett had played a significant role in council members’ understanding of what a well-run police department looks like, describing it as his passion. She told the court that a recent audit of the department had “no meat” in it and called the $12,000 audit performed by Mike Jones a waste of money. She also raised the possibility that Loudoun County could take over police functions, while noting that such a transfer would require the town to pay for those services.
Regarding former Chief Lombraña, Khalil testified that she did not believe Lombraña was qualified to serve as chief. She described Lombraña’s demeanor during council meetings — specifically referencing gum-chewing and smirking during chaotic proceedings — and said police leadership “does nothing” during such meetings.
On the subject of agenda transparency, Khalil was asked about pre-planning for the January 8 meeting. She acknowledged that the meeting agenda did not include certain information and, when questioned on that point, responded, “Why would it have to be?” She testified that the agenda for January 8 had been decided ahead of the meeting — including the termination of Rick Bremseth — and that she had a pre-written motion related to drafting code to abolish the police department. She told the court that decisions were often made before meetings, and said she knew she had four votes in the majority bloc.
With respect to the November 12 meeting, Khalil testified that she had spoken with Tony Sabio beforehand and knew Sabio would be appointed that day. She acknowledged that Sabio’s appointment was not listed on the published agenda and confirmed that the three-member minority on council had not been consulted before the decision.
Day five of the recall trial is scheduled to resume Friday at 10 a.m., when Mayor Christopher Bertaut is expected to take the stand as a defense witness.
