Victim in Fairfax County? Don't Expect Justice

72% percent of felony charges in Fairfax County are dismissed or reduced - a popular statement from Patrick McDade. I'm afraid the following story only gives truth to that claim. Let me explain.


Writing Checks You Can't Cash
It was January 2008 and I decided to part with my home theater system in order to start a business. A couple of Craigslist postings later Mr. Michael Brennan Bitler showed up and offered $4800 for the entire system. He pulled out his checkbook.

You know where this is going - not listening to my gut I accepted the check with a written Bill of Sale. Only to find out four days later a stop payment was issued on it. Mr. Bitler's "number" was no longer working and he was never heard from again. If you've had something stolen from you then you know the awful twisting pit that takes a firm grasp in your stomach.

Now the next part - what evidence did I have? I had three eyewitnesses, a Bill of Sale signed by Mr. Bitler, e-mail records and photos of his truck at my house. I also had the check sent to me from Bank of America.

Thankfully Officer Scmitt of the Fairfax County Police financial crimes division was diligent in locating and apprehending Mr. Bitler and our preliminary hearing was set for June.

Did That Just Happen?
A continuance was granted during our June hearing and the new date was set in September. Three more months. Mr. Bitler was attempting to use witness fatigue to wear me down.

The September court date slowly creeps up. Nervous - but glad my day of justice was finally coming I went to General Disctrict Courthouse of Fairfax County. It turns out justice called in sick that day. Our prosecutor decided he didn't "feel like working" on our case and asked the judge to null process it (ie put it on hold - which means it goes into a cabinet and disappears). The familiar twisting pit came back in full force and I left the courtroom distraught - but not defeated.


A Promise Made Is a - ?
I wrote a letter to the Fairfax Commonwealth Attorney, Raymond Morrogh explaining my frustration that my case was just kicked to the curb. I didn't think anything would come of it but I felt I had to let my case be known.

To my surprise I received a call from him in October stating that he would pass this on to a new prosecutor: Katherine Stott, and it would be taken care of. My hopes started to climb - but I should have known better.


When The Going Gets Tough, Stott Hits "Eject"
That was in October 2008. I called and let Ms. Stott know I was available to help in any way possible.

6 months later I receive a phone call from Katherine Stott - she informs me that one of the "defendants witnesses" hasn't returned her phone call so she's dropping the case. She didn't want to "damage her career" with a difficult case.

Having three eye witnesses, a signed Bill of Sale, e-mail correspondence, photos of the vehicle at the scene and a fraudulent check is too difficult of a case for Katherine Stott and Ray Morrogh? No wonder so many felony charges are reduced or dismissed in Fairfax County!

On top of that - I wasn't the only victim in this case. Another man fell prey to the same sceme I did and our cases were combined for a total 6 felony charges vs. Michael Bitler (who has a long record, will post that later).


Does Crime Pay In Fairfax County?
After Stott hung up the twisting pit resurfaced and I was left speechless. It's now been over a year and the fatigue is starting to gain ground. The prosecutor of my case didn't feel like working so what can I do?

I can't just "get a new lawyer" - it's not like defense attorneys. As a victim you are stuck with the Commonwealth Attorneys.

If this is how they handle cases my heart truly goes out to victims of more serious crimes - murder, rape, etc. Here are examples:

Morrogh Tows the Line in Cornejo Case

Fairfax County Prosecutor Erases Drunk Driving Conviction

Fairfax County Prosecutor Reduces Rape Case Charges


No One is Looking...
Do they try cases? Of course - all big media reported cases will get attention because everyone is watching. But what about small ones?

As the saying goes "Character is what you do when no one is watching"