LEESBURG, Va. — The attorney for one of the Loudoun County Public Schools officials facing an indictment said there are still questions on exactly what the allegations are about.
Longtime LCPS spokesperson Wayde Byard appeared before Judge Douglas Fleming in Loudoun County Circuit Court on Thursday. A special grand jury convened by Virginia Attorney General Jason Miyares indicted him in December on one felony count of perjury following an investigation into how the school system handled two high-profile sexual assaults of students by the same teenager in 2021.
According to Gov. Glenn Youngkin, in the spring of 2021, the Loudoun County School Board and the administration of the Loudoun County Public Schools were made aware of a sexual assault that occurred in a Loudoun County high school. As a result, a decision was made to transfer the assailant to another Loudoun County high school, where the student went on to commit a second sexual assault.
Byard's attorney, Jennifer Leffler, said Byard is alleged to have lied to the special grand jury about what and when he knew about the sexual assault cases. She described receiving an “informal” briefing.
“We still don’t know what the formal allegations are,” Leffler said. “Mr. Byard will plead not guilty and we're anxious to get this all behind him.”
Leffler tried to move the trial date earlier, but the judge denied the request. She stressed her client has been on unpaid leave.
“We just think it's sad that it has come to this level,” Leffler added. “He's somebody who has worked for the school system for a long time and to go after him personally and suspend him without pay and create a hardship for his family is very sad.”
A trial has been scheduled for June 20, but plans could change if a judge approves moving the case to a different jurisdiction.
His legal team plans to file a motion to change venue possibly as early as Friday. Leffler believed there is a conflict having the trial in Loudoun County since she said Miyares characterized the taxpayers as victims.
The special grand jury released a report that slammed the district after exposing details of the two sexual assaults on school grounds in May and October 2021, along with officials' lacking responses. Despite the significant shortfalls in communication and cooperation cited in the report, it ultimately concluded there was no evidence of a coordinated coverup.
The father of one of the victims, Scott Smith, was in the courtroom for Byard’s hearing.
“The wheel of justice moves very slowly and being involved in this for 18 months and counting, we've gotten used to it,” Smith said. “We've gotten kind of used to it. You have to take it as it comes and be hopeful in the end justice will prevail and people will be held accountable.”
The same grand jury also indicted Superintendent Scott Ziegler, who was fired by the school board following the release of the report. Ziegler was indicted for one count of misdemeanor false publication, one count of misdemeanor prohibited conduct and one count of misdemeanor penalizing an employee for a court appearance. Two of the charges are unrelated to the sexual assault cases.
“I am disappointed that an Attorney General-controlled, secret, and one-sided process — which never once sought my testimony — has made such false and irresponsible accusations,” Ziegler wrote in a statement. “I will vigorously defend myself. I look forward to a time when the truth is reported to the public.”