PURCELLVILLE: The recall trial of Purcellville Town Council member Ben Nett opened Monday, April 20, with jury selection consuming most of the day before the court moved into opening statements and the first witness testimony of the proceeding.

Court convened at 10:00 a.m. with a pool of 56 prospective jurors. After voir dire, a panel of seven jurors and two alternates was seated, comprising six women and three men.

Retired Fairfax County Circuit Court Judge Randy Bellows is presiding over the case.

Prosecution’s Opening

Special prosecutor Eric Olsen delivered the Commonwealth’s opening statement, telling jurors there was “so much to be said” and that he would offer a brief overview, a “Reader’s Digest” version, of the case. Olsen said the proceeding centers on the rule of law, arguing that Nett ran for office, won, took his seat, and then violated provisions and laws governing the Town of Purcellville.

Olsen walked the jury through the town’s charter, which he described as establishing a structure that places citizens first, followed by the Town Council, and then the town manager. He cited the town’s code of ethics and values, telling jurors Nett had violated required procedures.

Turning to state law, Olsen told the jury that local officials with a personal or financial interest in a matter cannot vote on it, participate in it, discuss it, or retaliate in connection with it. He noted that Nett served as a Purcellville police officer in 2022 and was elected to the Town Council in 2024. Olsen also told jurors that, under the Freedom of Information Act, town business should not be conducted in private.

Alleged Timeline

Olsen anchored the Commonwealth’s allegations in early 2025, beginning with a special meeting held on January 8. He alleged that meeting agendas were developed privately, “in secret,” without staff reports and ahead of other council members.

According to Olsen, the town manager was fired at that meeting and a vote was taken to hire a replacement he described as a friend, with members of the council minority unaware of the plan. Olsen told the jury that Fraser did not meet criteria as town manager as of January 8.

Olsen further alleged that Nett contacted Mike Jones to conduct an individual assessment of the police department, with plans to hire him for that assessment around January 27. 

The prosecutor alleged that, on or around January 26, there was a plan for Nett to become chief of police. Olsen said the move would represent potential personal financial gain, citing a salary range of roughly $80,000 to $125,000 in moving from road officer to chief. Olsen referenced an email from Nett to Jones that he said showed Nett wanted to become chief.

Defense’s Opening

Defense attorney Jennifer McGovern, representing Nett, framed the case for the jury as “a political disagreement” and told jurors “it’s all about the evidence.” She emphasized that the system highly values and protects public elections.

McGovern reminded jurors that the burden of proof rests with the Commonwealth, not the defendant, and referenced the applicable standards of proof, which she discussed as beyond a reasonable doubt and clear and convincing evidence.

McGovern described Nett as a councilmember who wanted to make the town better and stressed that the Town Council functions as a group, with Nett representing one of seven votes. She told jurors Nett worked with and was advised by the Virginia Conflict of Interest Advisory Council and consulted with other council members.

She noted that Nett ran in 2024 on policy goals including reducing water rates, and that his campaign discussed restructuring the police department, including leadership roles such as a second-in-command or lieutenant position. Pushing back on the prosecution’s points, McGovern told jurors that staff reports are not required and that the town agenda carries an amendment policy. She also said Nett did not know Mr. Fraser very well before taking office.

First Witness

Following opening statements, the court moved into witness testimony. 

The first witness, Caleb Stought, was on the stand for approximately two hours to close out the court day.

The trial is scheduled to resume Tuesday at 10:00 a.m.