Purcellville, VA -The first recall case seeking the removal of Purcellville Vice Mayor Carl “Ben” Nett is moving into its final pre-trial stage, with a three-day jury hearing scheduled for March 2, March 3, and March 4 in Loudoun County Circuit Court. In the days leading up to the trial, new motions and court conferences have clarified both the legal posture of the case and what residents can expect when proceedings begin.
Most recently, Nett’s attorney, Jennifer McGovern, filed a motion to strike the Special Prosecutor’s Bill of Particulars as well as the recall petition itself. A phone conference between McGovern, Special Prosecutor Eric L. Olsen, and Judge Randy Bellows was held to address procedural matters, including whether the trial should be delayed. Attorneys are now scheduled to argue that motion at 10 a.m. on February 26, just days before the trial. The court will also consider whether any scheduling changes are warranted. As of now, the case remains set to proceed as planned. It has also been confirmed that at least half of the first day of the trial will be dedicated to jury selection.
Bill of Particulars filed by Commonwealth Attorney
The recall case formally entered a new phase after the filing of a detailed Bill of Particulars in Loudoun County Circuit Court. The filing outlines the specific allegations supporting the recall petition brought by qualified Purcellville voters and provides the factual framework the jury will ultimately review. Under Virginia law, a recall is a civil action, not a criminal trial. In such cases, the jury’s role is to determine whether the statutory grounds for removal, such as misconduct, neglect of duty, or misuse of office, have been sufficiently established.
According to the filing, the allegations span Nett’s conduct both as a former Purcellville Police Department employee and as a sitting Town Council member. The listed claims include alleged improper financial benefits related to sick leave, use of public office for personal gain or advancement, retaliation against the police department following his termination, alleged violations of the Virginia Freedom of Information Act, failure to follow town procedures and procurement policies, potential violations of Virginia’s Conflict of Interest Act, and broader claims of malfeasance in office. The Bill of Particulars does not determine guilt but is intended to clarify the legal basis of the recall petition for the court and jury.
The legal threshold for removal is also defined in Virginia law. Case law and statute provide that a circuit court shall not dismiss a recall petition solely due to errors or omissions in how the grounds for removal are stated, so long as those issues are not material to determining whether there is a reasonable legal basis to consider removal under Virginia Code. Ultimately, if, after trial, it is proven by clear and convincing evidence that removal is warranted under those statutes, the officer shall be removed from office.
Nett’s Dismissal as a Police Officer
The situation traces back to early 2025, when Nett began serving on the Purcellville Town Council while simultaneously employed as a police officer, raising conflict-of-interest concerns from legal authorities. On April 4, 2025, Nett was terminated from the Police Department. Shortly thereafter, the Town Council, which included Nett, voted to eliminate the police department. This decision garnered significant public attention and legal scrutiny.
Nett’s Grievance Procedure
Nett later challenged his termination through the Town’s grievance process, and a grievance panel unanimously overturned the firing, ordering reinstatement with back pay and legal fee reimbursement.
The Town then petitioned the Loudoun County Circuit Court to review whether the grievance panel’s decision complied with law and policy. On October 27, 2025, the court dismissed that petition with prejudice for lack of subject matter jurisdiction, referencing Virginia Code §15.2-1507. Due to conflicts involving local officials and administrative leadership, Acting Town Manager Diana Hays recused herself, and the matter was referred to the Commonwealth’s Attorney. Because of additional conflicts within the Loudoun County Commonwealth’s Attorney’s Office, Stafford County Commonwealth’s Attorney Eric L. Olsen was appointed as Special Prosecutor. In that role, Olsen reviewed the circumstances surrounding the grievance panel decision as part of his broader assessment of the case and later filed the recall petition on behalf of concerned Purcellville voters.
Criminal Charges for Nett and Fraser
Separate from the recall proceeding, Nett and former Town Manager Kwasi Fraser were indicted in 2025 on felony charges related to alleged bid rigging, conspiracy, and misuse of the Virginia Criminal Information Network (VCIN). Those criminal cases are proceeding on a separate legal track and will not be decided during the recall trial.
Recall Trial
When the trial begins on March 2, the first portion of the day is expected to focus on selecting a jury. Once seated, the jury will hear testimony, review evidence, and listen to arguments from both the Special Prosecutor and the defense over the three-day hearing. At the conclusion, the jury will decide whether the legal standard for recall under Virginia law has been met. If sufficient grounds are established, the court could order Nett’s removal from office at that time or until all appeals have been exhausted; if not, the recall petition would be denied and he would remain on Town Council.
The February 26 motions hearing is expected to be a key procedural moment, as the court’s rulings on the motion to strike and any scheduling requests could shape how the March 2–4 jury hearing ultimately proceeds. Purcellville News will continue to monitor court filings, rulings, and developments as the case moves toward trial.