CHARLOTTESVILLE, Va. (WVIR) - The search for a special prosecutor is on for two criminal cases stemming from a February rally in Emancipation Park, formerly known as Lee Park.

Jason Kessler filed a case against Sara Tansey, accusing her of taking his phone while live-streaming from a February rally held by gubernatorial candidate Corey Stewart in response to the controversy surrounding the statue of Robert E. Lee in downtown Charlottesville.

Tansey faces a misdemeanor charge – “unlawfully removing without intent to steal” Kessler’s phone.

Tansey then filed a misdemeanor assault charge against Joe Draego saying he punched her in the face to get that phone back.

The original prosecutor, Fluvanna Commonwealth’s Attorney Jeff Haislip, was recused after a miscommunication with talking to Tansey, creating a conflict of interest in the case.

"It's not his fault. This came about as a result of an error not informing him that she was represented by council. So it's a little more complicated than might be normal. It's not normal to have the special prosecutor so we've got two layers of abnormality,” said Charlottesville attorney Jeff Fogel.

The judge will appoint a new prosecutor and decide the next steps forward by Friday, June 23.

A new court date for the case has yet to be set.