FAIRFAX COUNTY, Va. - Another alleged sex crimes victim is voicing concerns about the Fairfax County Commonwealth’s Attorney’s Office after her case was dismissed.
Sierra Morales says she was sexually assaulted starting when she was 12 years old by her cousin’s husband, Craig Super.
"At first it was starting with, ‘I’m going to rub your leg,’ and then it was, ‘I’m going to start touching,’ and it escalated a lot," Morales said.
She says Super eventually raped her. In 2020, Fairfax County police began investigating Super after others came forward, prompting Morales to speak out to investigators.
Fairfax County police say they identified a total of seven victims. Super was arrested a year-and-a-half ago on multiple child sex crimes charges and his wife Candice was also charged with indecent liberties with a child.
Morales’ case was set for trial in May, but just two weeks prior she says she learned there was a new prosecutor on her case. She says in the first meeting with Deputy Commonwealth’s Attorney Pia Miller, she had to prep for court.
"I had to completely open up to everything that I’ve been through on my case," Morales said. "So I felt like I was talking to a complete stranger about it."
She said Miller told her she had concerns about inconsistencies in the timeline of her accusations and that she wanted to request a nolle prosequi, meaning the case would be dismissed, but could be brought back later.
According to court documents, Super’s attorney stated in court that Miller was late getting him case information, including discovery and a witness list.
Judge John Tran granted the dismissal, writing in a memorandum that the court grants deference to a prosecutor to terminate a pending prosecution even when "such decision is necessitated by oversight and the lack of preparation on the part of the commonwealth’s attorney."
Miller also requested a nolle prosequi in a second trial for Super in June. The teen accusing Super in that case tells FOX 5 she feels she didn’t get the chance to tell her story and described her experience with the prosecutor’s office as a "mess."
The judge in that case, Judge Thomas Mann, said it was "difficult to understand why it took the Commonwealth over a year-and-a-half to realize that they couldn’t move forward with the case."
"I have never seen that before in a pleading in 32 years of doing this kind of work," Mann said, per the court transcript. "Again, the court asks what has happened here?"
Mann refused to grant the nolle prosequi, instead dismissing the case with prejudice which means it can’t be retried.
The Commonwealth’s Attorney‘s Office accused Mann of sensationalizing a routine courtroom occurrence. A spokesperson for Commonwealth’s Attorney Steve Descano said in an emailed statement that the office is limited with what they can say because of pending charges against Super.
Morales said she wants a new prosecutor.
"So even if we don’t win, I had a fighting chance because someone was fighting with me, and I’m not fighting by myself," Morales said. "Right now, I feel like not only am I trying to fight my case, but I’m fighting the prosecutor to care."
Sources within law enforcement also expressed concerns to FOX 5 about how victims are being treated in this case and others.
FOX 5 has told you about high turnover in the Commonwealth’s Attorney’s office and how a former prosecutor named Nathan Freier resigned after telling supervisors he was overwhelmed and untrained to handle sex crimes cases.
Freier was the original prosecutor on the Super case.
An attorney for Craig Super said in a statement:
"Mr. Super emphatically denies all allegations made by Sierra Morales. Mr. Super has NO prior criminal record. We were prepared to try this case to a jury. However, all charges against Mr. Super were nol prossed at the prosecutor’s request. If these charges are re-filed, we will once again be fully prepared to prove Mr. Super’s innocence at trial. We are confident that he will be acquitted by a jury."
An attorney representing Candice Super also released a statement saying: "The Commonwealth’s Attorney moved to nolle prosequi all charges against Candice Super prior to the preliminary hearing. Ms. Super has and continues to deny all allegations against her. She has no criminal record. She is a mother of two children and is horrified by the allegations."