A judge in Albemarle County, Virginia, dismissed perjury charges against Unite the Right rally organizer Jason Kessler late Tuesday evening after the prosecutor, Commonwealth’s Attorney Robert Tracci, failed to establish where the alleged crime took place.

Prosecutors had alleged that Kessler perjured himself when he made a sworn statement at the Albemarle County magistrate’s office that another man assaulted him. While there’s little debate over where the alleged perjury took place, Tracci failed to establish it as a fact at trial, according to Charlottesville attorney Timothy Read.

“The fact that it’s true doesn’t mean that it was proven in court,” Read told The Cavalier Daily. “When he had the magistrate on the stand, he could’ve said, ‘Where did this happen?’ and the man would’ve said, ‘At my office in Albemarle County.’”

The decision came in response to the defense’s motion to strike, after a dinner break in the trial, but before closing arguments and after the prosecution rested. Such motions are standard in criminal trials, but it’s uncommon for a prosecutor to fail to establish basic elements like what jurisdiction the crime occurred in.


“This case is a perfect microcosm of what Charlottesville has been experiencing since last May,” community activist Emily Gorcenski told ThinkProgress in a text message. “Our community remains anguished, and this case only furthers the community’s belief that the state will never serve justice.”

On Jan. 23, 2017, Kessler swore, under oath, that James Taylor assaulted him on Charlottesville, Virginia’s downtown pedestrian mall the previous day as Kessler gathered signatures for a petition to oust City Councilor Wes Bellamy — then the city’s only black councilor.

Kessler himself later pleaded guilty to misdemeanor assault in that case, after video footage contradicted his version of events. Prosecutors then decided to bring perjury charges.

Kessler organized Unite the Right, a white supremacist rally in downtown Charlottesville, on Aug. 12, 2017, that quickly devolved into violence and ended with a neo-Nazi plowing his car into anti-racism protestors, leaving one dead and dozens injured.

This is not the first time Kessler has accused another Charlottesville resident of assault, or the first time local officials have been accused of responding poorly.


Last June, Kessler leveled similar accusations against local black activist Veronica Fitzhugh after a confrontation last June. Longtime Charlottesville lawyer and activist Pam Starsia represented Fitzhugh after the incident. Instead of letting Fitzhugh turn herself in, Starsia told ThinkProgress last year, they sent several police officers and a prisoner transport to Fitzhugh’s home in the middle of the night.

“I felt violated, but I was not surprised because the police and the Klan go hand in hand,” Fitzhugh told ThinkProgress in an email that confirmed Starsia’s account. “Charlottesville’s police, media, and other public organizations have been actively white supremacist for years. The only difference is now the world is watching it play out.”

Asked for comment, Charlottesville Police Department spokesperson Lieutenant Stephen Upman said so many officers served Fitzhugh’s warrant due to safety concerns. “This was due to her having to be carried on previous occasions and is a safety factor for not only our officers but Ms. Fitzhugh,” Upman said in an email.

In a statement to The Daily Progress after the decision Tuesday, Kessler sounded triumphant.

“Tracci is trying to do a political hit job, not only against me and other Unite the Right people, but also against Christopher Cantwell,” Kessler reportedly said. “This was an attempt to undermine my credibility, so I can’t testify about the city of Charlottesville and their sabotage of that [Unite the Right] rally that got people hurt.”

Meanwhile, Tracci, the local prosecutor, said he was “disappointed” in the judge’s decision.

“[W]e are examining potential steps at this time,” he told reporters, according to The Daily Progress.

UPDATE: This story has been updated with comment from community activist Emily Gorcenski.

CORRECTION, March 21, 2017, 4:30 p.m.: This story has been corrected to reflect that Kessler was a resident of Charlottesville, Virginia, in January 2017.