“e have met the enemy, and it is us.” (Pogo)
The little alligator may have had it right.
Yours etc., Cur
PROBABLE CAUSE FOUND
Not under the rug…
Magistrate Court action is open to the public with a few exceptions. Last week we took the time to watch the people’ court in action. The following is what we saw April 29th and on the 30th.
April 29, 2004 in the Courtroom of Magistrate Mike King. Before the court was State vs. Sam Murphy, a preliminary hearing to determine probable cause in case number 04-F-11. Representing the state was Asst. Prosecutor Barry Koerber. To the left was Sam Murphy represented by Kevin Duffy. Murphy was charged with malicious assault in the shooting of Thomas Holcomb.
With the tape recorder, Koerber called 9 year veteran Green Shirt TFC M.L. Bailey to testify. Here’ how Bailey described the action of late Friday night, March 6, 2004... Basically: 12:30 a.m., a call came in “hots fired” Thomas Holcomb had been shot; Bailey was off duty but responded; by the time he arrived on the Main Street, Clay crime scene, Thomas had already been transported to a hospital; Bailey inspected two big puddles of blood, a bullet hole through the couch, through the wall, and an impact on the ground outside the trailer.
At the scene were Missy Carte, David Nottingham and Tara Keener. Bailey was informed that Sam Murphy shot Holcomb with an SKS assault rifle. The officer took some pictures, recovered a shell casing, took some brief statements, and then headed to the hospital to interview Holcomb.
Defense attorney Kevin Duffy went to work. Taking each statement made by Bailey, one by one, the nimble attorney tried to pick the case apart. No SKS analysis? Bailey: “No.” You made no attempt to link the shell casing to the SKS rifle or Murphy? Bailey: “No. Nottingham told me it was an SKS.” Duffy, “hat else did you not write down?”In a very laid back style, Bailey answered with down home, matter-of-fact, responses. Bailey explained that he was the only one on the case, he took brief statements, inspected the scene, looked for the victim, etc.
Duffy worked it hard to split hairs. Why did you not do this? Are you a gun expert? Duffy “the nasty” was at work. To his side, Mr. Murphy kept his eyes down and his hands clasped. Duffy read from the officer’s statement. Each sentence was challenged. Duffy was working an angle, an angle that malicious assault was the wrong charge to apply in this case. Something about “ntent” readers.
This requires intent….you can’ say it was malicious….. what were Murphy’ emotions at the time? No finger prints, Bailey?….no weapon? Are you a forensics expert? Are you an expert in weapons? No hair samples? Duffy hammered on. Why is there no statement from Holcomb? Why no other statements either? He pushed hard on stuff Bailey had failed to follow up on. At one point, Duffy had Bailey drawing pictures on a yellow legal pad of the crime scenes. Maybe Murphy didn’ shoot Holcomb, maybe the rifle just went off. That Murphy had been so upset he couldn’ have formed the intent to kill.
Bailey didn’ appear to get rattled. Each response came slow and easy. Nothing fancy just plain English responses. Ever so slowly the defense was laying it’ argument out. Over on the left, Koerber listened and took notes.
From the testimony of Bailey, young Murphy has no prior history of arrests while Holcomb has shown aggressive behavior, prior arrest including threats to attack Bailey.
Bailey explained what he thought happened: Murphy entered the trailer with the rifle and found Holcomb on the couch. Murphy had just learned that Holcomb had raped his girlfriend. Murphy told Holcomb to get his f** shoes on. While Holcomb was complying, Murphy kicked Holcomb in the head and later gut shot the getting ready to stand up Thomas Holcomb.
After an hour and 10 minutes, Bailey was done and left. The neatly dressed, sandy headed Thomas Holcomb took the stand. Koerber guided Holcomb through the testimony. In a nutshell, from Holcomb: Sam came through the door, he pointed the gun at Holcomb’ head from a close distance; he told Holcomb he was going to kill him and said, “OU KNOW WHAT YOU’E DONE!”Twice Holcomb brushed the rifle aside and then told Murphy they should take this outside of the friend’ trailer. As Holcomb was putting on his boot, Murphy kicked him hard in the temple; pulled the trigger as Holcomb went to stand up. Continued on the next page The single blast knocked Holcomb back against the wall.
Holcomb raised his shirt to reveal a healed scar about the size of a belly button on his right side. Holcomb, “ told him, you shot me for no reason!…. If you’e going to shoot me, be a man, kill me, shoot me in the head!!!”Holcomb’ testimony went on: “f she tells you I raped her, then shoot me between the eyes! …. You dirty SOB you shouldn’ have done that… Just as my A*** left the couch… I was looking right at him when he pulled the trigger… He blowed me to the other end of the couch….. I asked him why he was going to kill me, he said I had raped his ole lady.. I said, ‘Which one?’”
All the time Duffy was taking notes and fidgeting. Once again Duffy plied his trade. Picking here and there.
Missy Carte testified last. She pretty much confirmed what Holcomb has said earlier. As for the part when Murphy brought the “le lady”into the trailer to face Holcomb, according to Ms Carte, Jackie Ruth told Holcomb he had NOT raped her.
Closing statements began at around 5pm. Koerber went first. Magistrate King heard: there is probable cause here, statements from Bailey, Holcomb, and Carte verify the shooting, and this matter must be sent to the grand jury. He finished in less than 5 minutes. Job done.
For the defense Duffy rose to the occasion. He explained details of how this could have been just an unfortunate accident. That the gun just went off, that Holcomb and Murphy had “ust collided”and the thing fired. Duffy, “t was an accident, it’ a terrible accident but its not malicious.”He asked that the case be dismissed.
Koerber got in the last word, “Sam Murphy came in saying he was going to kill Mr. Holcomb.”
It’ no doubt that attorney Duffy earned his keep, but Magistrate King wasn’ buying it. Probable cause found. With the ruling in hand, Mr. Koerber asked that bond be revised to include mandatory drug testing for Murphy. Duffy fired back that the case was out of Magistrate Court jurisdiction as soon as the Magistrate ruled. King agreed and two hours after getting started, Duffy and defendant were done for the day. Duffy had earned his keep. NOTE: This was the last case for Asst Prosecutor Koerber as he heads off to Elkview for new employment before county dollars run out that fund his part time position.
APRIL 30, 2004 Scanner listeners will remember April 13th chatter when a meth lab was found on Reed Fork Road and the state clean up crew was called in to clean up the site. The fellow charged with manufacturing pot and having a meth lab was Gerald Mark Thompson.
On April 30, 1pm, Magistrate Jeff Boggs held the preliminary hearing to determine probable cause. Boggs’courtroom is set up a little different from the one across the hall in the old courthouse. With the peanut gallery in the far end of the room, both defense and prosecution tables set side by side and facing the Magistrate’ desk. Thompson sat beside attorney Jerome Novobilski closest to the spectators. In a nicely starched white shirt, Grindo had his green state code book laid out along side his notes. Beside Grindo, new man on the block, Trooper Richard E Stephenson, sat quietly.
Boggs called the thing to order.
Newbee Stephenson began to explain: On April 13th , a call came in “hots fired”at a Marty Thompson residence on Reed Fork Road. He, along with TFC Bailey and Deputy Delk were at the scene; they attempted to locate Thompson; the boy’ mother showed up, she was scared that Marty may be there and with a gun.
Almost immediately Jerome started objecting stuff. Grindo was too vague, Grindo had not laid a foundation, Grindo this, Grindo that.
Continued on the next page
PROBABLE CAUSE FOUND
Continued from page 18
Stephenson continued: they went to the house cellar building where Thompson lived; the door was ajar about 10 inches; Bailey was first to the second floor area; they hollered for Thompson and got no response; and they saw mason jars, hoses, liquids in the jars, Coleman fuel cans, rock salt, acid …. Thompson was sat quietly beside Novobilski.
In the peanut gallery, two women nodded their heads in disagreement.
Here, there, and in between, the defense went to work on the young green shirt. Object and then object some more. Something about the Trooper can refresh his memory from the court documents but not read directly from them and, “tuff owned by who? …. Objection, are they plants or seeds???…. What’ this ‘it’ a matter of court record’?”He was working hard to rattle the new badge.
Stephenson went on with: he had been trained to identify meth labs and pot seeds in the academy, experts had been called in to do lab results, pots, growing soil, miracle grow plant food had been noted….. An arrest warrant had been issued, Thompson had been picked up and later interviewed.
As Stephenson referred to a document not in the court room, Novo objected some more to some Miranda Rights form not before the court. Grindo came back with: this is just a preliminary hearing and the form didn’ need to be here. Jerome wasn’ putting up with that stuff, “It’ not difficult to carry a piece of paper here!! One comes to a hearing PREPARED!... If they want to reschedule I want object.” Time out was called as the green shirt went for the paperwork.
Twenty minutes later action started up again.
It was defense time. When did you graduate from the Academy? Four days before the arrest, sir. Who taught you about meth labs? Classes in making, identifying, what to look for, the ingredients, type of containers used…. And on.
Jerome kept knocking questions around. He worked hard to rattle Stephenson. Didn’ work. The green recruit answered the question and added nothing more. Each response was ended with “sir.” The newbee looked as a cool as a cucumber and the veteran defense lawyer couldn’ get the guy to stumble out on any limb.
Question after question came. Each time green shirt R.E. Stephenson referred anything he didn’ know (or wanted to guess at) to someone else, he just didn’ know that answer, sir…. He wouldn’ know that, sir….. I don’ know that, sir…. Please refer that to the expert, sir……. I don’ recall, sir... Darn good job from the first time-on-the-stand green shirt.
With the answers came heads nodding in disagreement from the ladies in the peanut gallery.
Basically from Stephenson: Thompson was no where to be found, what looked like a meth lab had been discovered; 17 small white containers with potting soil had been discovered, the meth lab had not been used for about a month, and one small container downstairs in a window sill had one small pot plant growing about an inch above the soil line.
The inquiry continued for another 15 minutes. In the end, Magistrate Boggs found probable cause and Mr. Thompson is headed over to the Circuit Court for grand jury proceedings.
If you get a chance to sit in on courtroom action, do so. Always fun to watch the sides go at it tooth and nail, watch the posturing of the defense, and for that matter, just to watch the accused and the peanut gallery. AW
SHORT SHORTS
J.D. MORRIS: My how time flies when you’e having fun. Long time pillar of the community J.D. Morris was released from Ashland Correctional Prison Monday, April 19, 2004. Morris was sentenced to prison after embezzling bank funds from the Clay County Bank while serving as bank president. The HurHerald web site offered the following.
A federal judge has reduced the prison sentence of former state school board President J.D. Morris of Clay. Prosecutors say Morris is being released early because he is assisting prosecutors with their investigation. Chief US District Judge David Faber reduced the sentence to time served at the federal prosecutors' request. Morris was sentenced last year to 18 months for embezzling more than $100,000 from the Clay County Bank. He was released from federal prison and began his three-year term of supervised release this Tuesday. Assistant US Attorney Susan Arnold says she can't reveal the targets of the investigation but says no one has been indicted so far. Morris was associated with the bank for many years, but was the bank's president and chief executive from 1997 until his retirement in April 2002. He resigned from the state school board in October 2002.
PROSECUTOR GRINDO: Around the courthouse, Prosecutor Daniel Grindo’ performance has been well…less than wonderful. Grindo was appointed to the spot by Commissioners Sams and Butcher in Dec 2002 after Jeff Davis resigned from office. An example of his substandard performance came to light April 16th when
Grindo failed to show up for a hearing. Shortly after that no show, another costly mistake became public.
When going to the big house, the Prosecutor is required to write the formal court order allowing the move from Central Regional Jail (CRJ) to the pen. While in CRJ, the county is billed $48 per day. Since Jan 8th, the county has been paying the bill due to Grindo’ slow poke approach to writing the order. Through mid April 20th when we last checked on the case (98-F-33) that adds up to $5700.00. That’ $5700.00 that could have been spent keeping deputies on the job.
Sheriff Fields commented in mid April that he had encouraged the young Grindo to take some action. Fields also said this wasn’ the first time he had seen such orders go unwritten. Some time back, $9000.00 was spent in CRJ bills unnecessarily. Circuit Clerk staff commented in mid April, Grindo had made an attempt to transfer Taylor to the penitentiary but the order was so poorly worded , it was not accepted.
OUR GRADUATES: School system leaders have said for years we have the best school system in the world. Many in the community have come to believe such broad statements. The goal of public education is to prepare the youth for college or technical schools and to enter the job market ready to compete with the rest of the world.
According to the WV Higher Education Policy Commission, Clay County and nearly the entire state have some real short comings. Found in their 2002 Performance of High School Students enrolled in Public Colleges Report released in Oct 2003: Only 45% of the 2002 Clay County high School graduates went on to college or 52 kids. Other counties did much better, like: Fayette 51.6%; Gilmer 53.6%, Boone 52.7%, and Harrison County 82%.
Of those going to college from CCHS in the fall of 2002, they only managed a grade point average of 2.28 while attempting an average of just 14 ½ credit hours per semester. Even with the low course hours taken, only 38% of the classes attempted were passed.
Ok, ok, so the kids ended up partying their butts off and that’ the reason for poor performance! Well, maybe not. 48% of our graduating seniors were required to take remedial college classes just to get into college. Those are the same kids that were given high grades while attending our local National School of Excellence. 44% of the new freshman have to start over in the math field in bonehead courses. Continued on the next page
Ok, ok, again. So we washed out the flunkies and those remaining will do good and prosper in college? Nope. From the 2003 WV Higher Ed. Commission report, making it back for the second year of college is also alarming. 30% of our 2002 CCHS seniors did NOT return to college studies.
Next time the high dollar school administrators start blowing smoke, ask them why the kids aren’ ready for college, for the rigors of competing on the college level and why weren’ not providing the needed educational foundation.
NO REFUND BY PSD: Paul Dobbins wanted water service to his Procious area residence. A couple years back he signed up and paid the mandatory (except for J.D. Morris 2 ½ years ago) tap fees. Dobbins waited and waited. Water service never came.
After talking with Clay Roane PSD leadership to no avail, he filed a lawsuit to get his money returned. After many delays, Dobbins vs PSD was heard before Magistrate King Tuesday, April 27th. With Tom Whitier representing the PSD and Jerome Novobilski on Dobbins’ side, the court ruled no tap fee would be returned. Look for this one to be appealed to Circuit Court within 20 days.
Next time the appointed ones ask for a tap fee and water service is just around the corner, maybe you should sleep on it before opening your wallet. And by the way, last time the Punkin Ridge water line extension was mentioned during a contentious PSD meeting, it came to light, Chair Melissa Postelwait had NOT paid her own fee. AW
ELECTION 2004 —The Final Stretch—
No one in the county can complain this election cycle. There’ been something for everyone. Candidates came out in force. Eleven Democrats filed for the Sheriff’ race, twelve signed up to try and make a difference in school board land. Heck, we’e even got (had) four running for Prosecutor. Probably the juiciest race is between incumbent Assessor Suzie Legg and long time Deputy Assessor, Teresa Lane.
And the money, it did flow. They spent money. They attended about every nonprofit fund raiser coming and going. With money in hand, we experienced the first full size outdoor signs 30 feet up in the air and radio ads in the sheriff race. We have entered the 20th century.
For those of us that like to watch a good mud fight, we’e had it. Almost as soon as the filing period opened, the mud slinging started between Matthew Bragg and Roger Hunt. Accusations and double accusations were passed. With budget cuts at the courthouse, those in the know are speculating, come May 12th, Teresa Lane won’ be employed as a Deputy Assessor. School board candidate Earnie Sirk raised a real stink over County Commission candidate Brian Holcomb handing out campaign materials during his work day as a Clay High teacher.
Democrat candidate Lloyd Jackson came to town three weeks ago and made the rounds, the school board, the courthouse…. Republican Dave Mullins provided the escort service for Jackson. The question is: who’ madder, democrats for being snubbed during the visit, or Republicans, seeing their only on-the-ballot candidate smoozing with the other side? Other snafu included newly appointed school boardsters Rick Tanner and Kim Sams saying they weren’ aware of any “ood ole boy”network in the school system.
Over the last 5 weeks, we’e promoted online surveys on www.clayberry.org. From our absolutely unscientific survey, here goes.
In the Sheriff race, our online folks couldn’ pick a clear favorite. The top four vote getters in no certain order, Bragg, Holcomb, Triplett and a dead heat for the fourth best vote getter. Equal votes for Hunt and Paxton #4, that’ the older guy. That survey was compiled the last week of March. Then, as is the case now, no one appears to be the crowd favorite. In most people’ minds, the Sheriff’ race is too close to call and may depend on last minute slate making and trade offs. Republicat Dave Mullins will face off with the winner in November.
Completed three weeks ago, in the Assessor’ race poll, our respondents chose Teresa Lane over Suzie Legg 4 to 1. This poll raised eyebrows among local politicos. Non online predicators have said the Assessor’ race may be decided with less than 50 votes between the 2 candidates.
In the school board race, we received a ton of online responders. Most in the county have said little about consolidating Valley Fork and Ivydale Elem. into one new school in Big Otter. Maybe, taxpayers will make their voices heard May 11th. In the poll, Gene King finished way ahead of long time Board President R.B. Legg.
The third and fourth place finishers were all very, very close together. Recently appointed Boardsters Sams and Tanner were NOT clear cut winners. Instead, Sams, Tanner, Sirk, Murphy, and Shamblin were all within a few votes of each other. Third place was a dead tie between Tanner and Sirk. Is Sirk our pick for fourth place? NO! They were all too close together. Clumped close together: Shamblin, Sams, and Murphy. This could be the year that we pick up two or three brand new board members. Our predictions? None, other than old timer Gene King and a tight grouping for 2nd, 3rd and 4th place. One note, Gene King has served District A on the school board for 30 years. This time, he will be running in District B. It’ the little things that may change his normal high voter count.
During our online survey we noticed something in the school board balloting. Single-shoting. The practice of voting for just one candidate instead of using up all four of the slots. There are those that feel voting for just one is like taking votes from other contenders. Fully 1/3 of our participants chose to single shot one candidate in the school board race.
We also asked our viewers to predict voter turn out May 11th. According to those cyber space folks, high guess- 4800, low guess- 1700 voters. Our lone prediction: 3600 coming out to vote. This past week we asked for www individuals to pick who they thought would win in the County Commission race. With Commissioner Bragg not seeking the spot, contenders for the opening are Harald Fields, Fran King, Brian Holcomb and Rodney Bullard. In the county, locals assert, Fran is ahead by a mile. Not so according to the 50 plus who responded online. Fields edged out Fran by one vote. Bullard and Holcomb trailed way back. But, since this poll was done right after Earnie Sirk made the front page in Charleston newspapers over Holcomb using high schoolers to campaign, and since Clay Countians have short memories, Holcomb may move up substantially with the help of fellow teachers and school service personnel. Our prediction: we’l stick with the poll, 600 year old Harald Fields by the smallest of margins. One other note, who ever wins the Demorat nod in May will be challenged during the November 2004 General election.
We haven’ done the polling in the Prosecutor’ race before press time. We do have some contentions for the voter. Local boy Jim Samples has the look, smile and family backing to win. With only a few months of practice under his belt, his top spot may be weakened. One time asst. prosecutor Barbara Schamberger certainly has the credentials, time on the job, and the smile, BUT, Schamb was slow to get started and that may be a problem. Many old timers decide who they’l vote for early in a race and will absolutely NOT change their minds. And then there’ Wayne King. King has been in business for years and done favors for many, many locals. By pulling in his favors, King may make this a real horse race to the finish.
NOTE: Prosecutor candidate Barry Keorber has pulled out of the race.
For most in Clay County, just trying to make ends meet takes most of the daylight hours. Spending a great deal of time worrying about politics just doesn’ happen. One thing is for sure, in every race, candidates have spent a great deal of time and money getting their message out and we have a selection this time around.
For the results of the primary, click on www.clayberry.org late Tuesday, May 11th . Results will be posted as soon as tallied. AW
COMBINED PSD MEETING
At the request of the WV Public Service Commission, Queen Shoals PSD and Clay Roane PSD met in Special session April 22, 2004. The meeting was held at HE White Elem. With full participation by the Queen Shoals Board and only Gary Whaling from the Clay Roane group present, QSPSD Chair Jimmy Kearns opened the meeting at 7pm. He immediately turned the helm over to the WV PSC gang from Charleston.
Dave Accord gave a narrative. In a nutshell: currently there are four formal complaints against QSPSD; doing without water is always rough; in the past there have been serious “ssues”between the two water service providers. Translation: They hate each other and want nothing to do with one and other.
After saying “he rates are high without a doubt” Accord explained the need for QSPSD to enter into an agreement with Clay Roane for the larger PSD to do QS’ monthly water meter readings, monthly billing and routine monthly maintenance of the Queen Shoals system. For QS to set up their own office and books ( which they already have done) would be a duplication of service and costly. Instead Mr Accord suggested QSPSD invest their money into new lines and pumps to meet the needs of its customers.
In the near future, Accord suggested that the entire county consolidate under one PSD. Accord entertained no questions and asked for such inquiries to be held until later in the meeting.
Jim Weimer (heard that name before?) addressed the 30 + in attendance. Weimer acknowledges the many problems in this county and asked for a unified front. Weiner: there are still many deficiencies and QS is “xtremely fragile” originally there were to be two storage tanks and only one was put into service; the pumps are inadequate and the system is operating over capacity. As he looked around the room and spoke rather quietly, he came back to the Christmas 2003 fiasco where many QS customers went without water for nearly 2 weeks.
Using his best statesmanship ( and struggling not to get on a limb) Weiner worked to inform the water challenged folks in attendance. Weiner: during Christmas, the existing water pumps just couldn’ keep up; the management of the QS PSD switched to Clay Roane and because Clay Roane knew little about the system , they came across looking like a bunch of dumb bunnies; it took Clay Roane a while to figure out where and what to do. The crowd remained quiet. They were listening.
Mr W assured all, the best approach would be for all water providers to come together and form one large PSD. As for the balance of the $60,000 Budget Digest grant monies? Use the windfall to upgrade the system with more valves, pumps and lines. Weiner, “Invest in the system not personnel…. You need a quick way to identify leaks…”He reminded all that in Dec when Queen Shoals did without water, there was no one to find the leaks. As the mumbles began, the engineer reminded listeners the reason WV Water would not take over the system three months ago: There is NOT an adequate source of water for the existing customers. IE: the old Procious Water Plant was too small and costs too much to operate.
The last leg of the trio was PSC attorney Leslie Anderson, Anderson, “… I want to assure you we want to work with you. We need to work together. The operation and maintenance agreement is proper and reasonable.”
What was that? Doesn’ that sound like : We’e from the government and we’e to help you?
The questions came. Questions on an earlier O and M agreement with Clay Roane PS that sucked. QS PSD Chair Jimmy Kearns showed resistance to any agreement with Clay Roane. Basically, why should we have to deal with those knuckle heads when we’e got our act together, have been fixing the leaks, have some money in the bank, and what could be the advantage to bowing to Clay Roane when they’e broke and ready to ask for another rate increase?
The locals came alive. One lady reminded all that up until a year ago, they maintained their own system, had cheaper water rates, and had fewer complaints. One gray headed man disputed those statements.
One senior citizen in the crowd wanted the big shots from Charleston to know, if they had waited on the PSC 15 years ago to provide water in the area, they STILL would be waiting for wa wa. “re you going to listen to what we say or are you like the Clay County Commission???”In response, Jim Weimer, “e’e not trying to take authority away from you but you can’ leave people without water… if you need to, go to a bank and borrow $50,000 if its needed.
Another lady in the crowd spoke of the mistrust in the community, how in the past locals have been sold down the road, how there has never been a solid plan to grow the system, and during every election cycle, politicians make promises that go unkept.
The discussions, civil for the most part, continued. TEAM PSC said the operation and maintenance agreement will be ready in June of this year for signing.
How about some notes readers! One week prior to this meeting, Clay Roane PSD voted to have nothing to do with Queen Shoals PSD and specifically to stay away from any O and M agreement. During earlier QS PSD meetings, it sure sounded like QS wanted nothing to do with Clay Roane. Now back to the meeting
Clay Roane attorney Tom Whittier went over many of the same issues again and reminded attendees that WV PSC has the authority to ram anything they want down your throat. An example did you say? For instance, it was last Feb 2003, when Nick Ciccerillo came to a meeting and said Clay Roane WILL sign an O and M agreement to take over QS PSD now, tonight, without thinking, and without consulting your attorney or else!
Few in the crowd understood what Whittier, Weiner, Anderson, and Accord were all saying in their most pleasing tones. For all intents and purposes they said: Queen Shoals can NOT set up their own office and staff no matter how much cheaper it would be; Queen Shoals can NOT operate their own system no matter what; Clay Roane and Queen Shoals MUST consolidate into screwed up mess very soon and later, Clay Roane and Queen Shoals will be FORCED into consolidating with the rest of Clay County. As for PSD Boards, you’e there in name only, the WV Public Service Commission makes all decisions short term and long term.
Is anything ever simple in Clayberry? Nope. Will Clay Roane and Queen Shoals PSD ever quit fighting like little kids? Doesn’ look like it any time soon.
What else wasn’ said? Water rates have to go up to cover debt load, and the high cost of hiring trained professional maintenance personnel. Since we’e already have the 6th highest water rates in the state, under the directive of the WV PSC, Clay County may finally be at the head of the pack, the highest water rates in the state! Always something to look forward too readers. AW
Dear Editor:
In a continuing effort to keep voters informed of the antics of the Fayette County legislators that represent them in Charleston, I again would like to bring the following information to the attention of Clay, Nicholas, and Fayette County voters!
In latter February, Delegate David Perry (D-Fayette)
passed out approximately 60 palm pilots to teachers at Collins Middle School at a cost of approximately $18,000. I asked Perry at the time who funded this give-a-way! He has steadfastly refused to answer my question, although he did tell me to ask the Fayette County Board of Education. Since he has the proclivity to be stubborn and act superior to everyone, and he still refuses to answer the question on funding, I can only assume there was hanky-panky involved in this transaction.
Voters should know this!
Delegate Perry voted FOR House Bill 4601 that for the school year beginning July 1, 2004, SHALL NOT include funding for the replacement of school buses! This vote was utter nonsense! Is it important to replace school buses that have 300,000 miles on them, to replace buses that need the floors replaced, to replace buses that are 10 to 15 years old? You betcha! Why would Perry vote to not fund those buses for the safety of our children? Our children deserve SAFE SCHOOL BUSES! Voters should know this!
Incidentally, the only 29th Delegate District and/or Fayette County legislator to vote AGAINST this Bill to eliminate funding for school buses was Delegate Tom Louisos (D-Fayette). Delegate David Perry was instrumental in adding an amendment to an otherwise innocuous bill clarifying teachers' retirement laws, that would allow teachers to add legislative salary to teachers salary for purposes of retirement. This would have raised Perry's retirement by approximately $9,000 per year! This Bill was so bad that Perry's mentor, Senator Shirley Love, said of the Bill, "It's the most gross, unethical misuse of tax dollars in self interest I have ever witnessed."
Voters should know this!
The state Human Rights Commission and the state attorney general's office is presently investigating charges of verbal, mental, and physical abuse of an African-American student at Collins Middle School in Oak Hill. This is the school where Perry is supposedly the principal. The charges were made public at a meeting of the Fayette County Board of Education in Gauley Bridge on the evening of April 20, 2004! Family members revealed that their son and grandson had been suffering these abuses for the past three years! If Perry can't control the students and faculty at the school, then maybe he should spend more time at the school! His absences include the legislature, political meetings, campaigning, and meeting almost daily with his mentor at the Oak Hill Post Office for guidance!
Voters should know this!
Of all the incumbent members of the legislature running for reelection, Delegate David Perry is the least desirable one to return to Charleston! There is no independent thinking for Perry! He is beholden to the lawyers and bankers of our state as evidenced by perusing his campaign finance reports! The students at CMS need him more than the West Virginia
Legislature! Voters should know this!
I hope I have enlightened those outside of Fayette
County who are unaware of the daily happenings of our politicians while outside of your sight!
Please vote accordingly! But, please vote!
Harold D. Bragg
Glen Jean, WV
CHATTER 2
I just signed off of your website and I agree with you completely.The fight at the high school, the reporters being fired for reporting the truth all explain a lot about our values and beliefs in this country.
My husband and I just buried our second eldest son last weekend.Kevin was a soldier—he served in Germany, Bosnia and Iraq.He was a good boy, a good man and father to his 1 and 3 year old little girls. He was a good son and a wonderful husband.was proud to serve his country, as his father and brothergrandfathers served before him.
Kevin made it through the engagements he fought without a scratch.He was honorably discharged last August and began training on the new Homeland Security Team.He was on his way to work and was killed by a drunk driver.This man had previous DUI's and was driving northbound on a southbound Interstate.He was driving 80 miles an hour--with his lights off and struck Kevin's car head on. The truck the man was driving split Kevin's car in half lengthwise and upon impact, Kevin's car exploded.son and the boy who was carpooling with him were burned beyond recognition.
The two boys died immediately and the drunk driver survived with only a few broken bones and a few small burns.This is what our country has become.A place where people can hurt others without regard for honor, decency and compassion.
As you can tell from my tone, I am quite bitter for our loss.Justice will not be served, I am quite sure.The drunk driver is being charged with 2 counts of vehicular manslaughter (and slaughter it was), but we have our doubts that he will be sentenced with an appropriate sentence.(And what is an appropriate sentence for two deaths?)My only hope is that this man will remember what he's done and to whom he's done it for the rest of his miserable life.
I think my message here is that people do horrible things to themselves and to others.We have only a short time to live on this earth.If we put half as much energy into making it better as we do trying to destroy it--wouldn't it surely become a better place? Clay County is a perfect example of that.The cliques, the power struggles, the back-biting and back-stabbing that goes on there. For what?To sit on a board (or hold a position) of people hell-bent on destroying a beautiful county and the people in it that these chosen few dislike?What a!
Those children at the High School should have known better.But how could they know better when they look at the adults who are just as bad?From what I have read, some of the CAEZ, PSD,CDC meetings are just as animalistic and vicious, aren't they?It is sad and it is frightening.In twenty years, most of the present leaders will have stepped aside and these children will be leading the county!God help us!We are going to need it.
Thank you,
Bill and Kate Whitteker
Amma, WV
Chatter 3
To the Communicator:
My letter concerns the so called budget cuts at the Clay County Courthouse – Hogwash. If it’ to their advantage, or a favor to a friend or foe, they find the money. Now to the point. Patty Butcher Fugate is my daughter. Enclosed is a copy of the letter advising her of being laid off, saying they are making major cut backs. That’ not true. Patty and one other man was laid off as of April 30, 2004. Is that major? No.
Folks, about two years ago major cut backs surfaced. One person in each office was to be laid off. Lo and behold, none left. Somewhere they found the money to keep all working.
I have referred to “hey.” I’l name them – Clay County Commission and leader Judy Moore. We don’ need but one commissioner and Judy Moore. Whatever decision they make stands, truth or a lie. Folks, this will continue when these get on the ballot; someone needs to run against them whether they win or not.
This is Patty’ first job with benefits, 8 to 4 daily, paid vacation days, personal days, and now nothing. You see, Patty has college hours; that’ more than some ladies who work in offices in the Clay courthouse. When Susie Legg was hiring Patty went to file an application or resume. Susie told her she could turn it in, but she already had in mind who she’ hire, so Trish Triplett was hired. No difference in all the offices. I understand your qualifications gets you your job – not so in Clayberry, WV. They aren’ thankful for very much. Patty does her work, bothers no one.
Until we see these major cut backs, we can assume that these have a good ability to lie. We are in the process of finding out if the State Supreme Court ruled that the courthouse on the hill is to have a full time janitor. If so, the commissioners and Judy Moore better start looking for money to fund the janitor’ pay. They find money for other things. Also, any complaints of the Clay courthouse not being clean, I will contact the Health Department here, also Charleston, WV and in Washington, D.C. That should bring a response to Clayberry, WV before this is over.
Some of us may believe honesty is better in the long run. Lies breed evil in our hearts and comes out in our daily lives. People say to me, “hat’ how the world is today.” It don’ need to be this way. We’e waiting for the major cut backs July 2004. It’ hard for me to believe it will come to pass.