LOUDOUN COUNTY, Va. — The first day of a high-profile perjury trial against the Loudoun County Public Schools spokesperson wrapped up with testimony from a high school principal.
Wayde Byard is charged with felony perjury for allegedly lying under oath about when he knew a 14-year-old female student was sexually assaulted by a classmate in May 2021.
The same perpetrator transferred to Broad Run High School later in the year where he sexually assaulted another girl. The teen was later convicted in juvenile court.
The controversy over how the school district handled the cases catapulted Loudoun County into the national spotlight. Gov. Glenn Youngkin, R-Virginia, used it as a campaign platform and launched an executive order as soon as he was sworn into office to investigate LCPS.
During the special grand jury, which lasted for months and involved 40 witnesses, Byard said he was unaware of allegations of sexual assaults months after the second incident.
The Commonwealth accused Byard of making a false statement, arguing the principal of Stone Bridge High School, where the first incident took place, informed him of the allegations.
The prosecution said Principal Tim Flynn called Byard to tell him “everything” including that the female student made allegations she was raped in a school bathroom. Flynn said he called Byard to figure out what kind of statement to release to the school community after the victim’s father, Scott Smith, caused an explosive scene on campus.
In the phone call, prosecutor Theo Stamps said Flynn told Byard, “This is bad.”
With the help of former superintendent Dr. Scott Ziegler and the deputy superintendent, an email to parents email was sent out around 4:30 PM that day with no mention of a sexual assault. It addressed the behavior of the father.
Flynn followed up with a Teams call with his superiors to discuss what happened.
However, the defense called much of what the principal testified as hearsay. Defense attorney Jennifer Leffler argued her client acted based on information he believed the incident was a boyfriend-girlfriend “that went sideways.” She said the principal never mentioned it was not consensual, but told Byard how the same girl made a previous allegation at a different school.
Leffler said there was not one email mentioning Byard about a sexual assault nor did he receive an email about a sexual assault.
She stressed how there was only one phone call between Flynn and Byard, more than a year before her client testified to the grand jury.
Byard has been a longtime employee of LCPS and remains on administrative leave. Some would describe him as the face of the school district. He denied a plea agreement offer and wanted a jury trial, which consists of nine men and four women. At least two of them had knowledge of Byard because of affiliations with the school system.
The trial is slated to last until Wednesday but could go longer based on the number of witnesses, which will include members of the Loudoun County Sheriff’s Office and the victim’s mother.