SEPTEMBER 6, 2002

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Remembering September 11
Did You Know
Kay's Cooking Corner
BOB CLARKE Curmudgeon
Justice: Civil Procedure or Subject Matter?
Sherrif Expresses Self
CIVIC MATURITY by Don Greene
My Boss, The Patriot
Magistate Report
Chatter
PROSECUTOR NEARLY SANCTIONED
Message From Senator Rockefeller



         REMEMBERING SEPTEMBER 11
         As people gather before a County Commission meeting, anything can happen. Sometimes there is a last minute huddle, someone telling a joke, or even scurrying around to get the last bit of paperwork in for Commission approval. The Tuesday Sept 11, 2001 gathering for the County Commission (CCC) meeting was different. August 2001 Commission meetings had been stormy with Prosecutor Jeff Davis threatening to sue the three blind mice. Davis had gotten into a shouting match over the need for a pay raise for long time paralegal Lucy Cruickshanks. In coverage of the agitated dealings, this paper took a humorous approach by giving early Roman sound alike names to the players at that earlier meeting. Davis became Sir Chokes a Lot, Clerk Judy Moore was Athena the scribe, Cruickshanks became Hair A Lot... you might remember. With the Sept 11 meeting coming just 4 days after publication date, the meeting promised to “be a keeper”.
         Instead, there was quiet. All movements and discussions were slower. No jokes. The look around the room was that of being in shock. News was coming quickly at 10 am. People would come in with more details. Around 10 it was apparent, the country was under attack. CNN was providing live coverage of the Twin Towers. The damage to the buildings was already done as the video played over and over. It was beginning to sink in, thousands of souls had been lost. The country was shaken. Clay County was almost trembling. So fast , so sudden was the attack, in the Courthouse, on the streets, and throughout the county, it was like we didn’ know what to do. Our President was being kept away from the spotlight as our Congressional reps were evacuated from the DC offices. Leadership was lacking. This wasn’ a movie, this was real and it wasn’ in a distant land.
         As we approach the one year anniversary of the slaughter, we think back on 9/11 as it is now called and the days that followed.
         This paper decided to ask the women of the county for interviews. The women we deal with, the people elected or in positions we come in contact with daily. Each person was asked: 1 What have we learned since Sept 11 2001?; 2, Is Saddam Husseinn the biggest threat to the world today ?; and, 3, Should the US fire the first shot, throw the first punch, toward Iraq.
         From the WVU Extension office, secretary Sarah Anderson. “ think we’e learned that we can’ take things for granted publicly or internationally. I think our guard was down too much when this happened. Security features weren’ in place like they should have been. I think they have learned a lot from that” Question 2, And the biggest problem... “o. I wouldn’ say he is the biggest problem. He may be a major problem but he isn’ the biggest problem” On question three, about firing the first shot, again Ms Anderson , “ don’ think we should make the first move. I think we should wait and see what they’e going to do or not do. We’e not known to make the first move... Usually we are attacked on and then we retaliate. I think we need to have things in place if something should happen..... preventive measures are good but in others, you might make it worse if you move first. Bush needs to have everything in place and if something happens, hopefully not as bad as in New York, but if something happens, we would be ready and go against [them].”continued page 3
         From County Clerk Judy Moore on what we’e learned, “e are lot more conscientious of what we do. We suspect people of more things, at least I do, than before. I just took things in stride more than I do now. I’ not a traveler so I don’ [see] that part of it. ..... people when they are at the schools and they see someone that they haven’ seen before or they suspect, they are more alert…” Is Saddam the biggest problem? Moore, “e is one of the biggest problems... These are hard to answer off the wall! Well... he probably is... especially with Sept 11 approaching, the anniversary.”On #3, I would probably say no because I don’ want them going into full fledged war. I am for anything you can do to stay out of war. I don’ like fighting period. That may not be the right way to feel but that’ the way I feel.”Clay County Librarian Vickie Neeley advanced this, “e have learned that no matter what we think, the unexpected can always happen. Nobody is perfectly safe.” On Saddam being the biggest problem, “that’ a good question, I don’ know..... No I don’ think he is the biggest problem.”Should we go after Iraq, Ms Neeley, “No, what should we do? I don’ think the US should do anything without the support of the other countries. If the other countries aren’ supporting us then we are trying to do it alone. Even as strong as we are, I don’ think we can do it alone, to fight that many people by our self. That’ my personal opinion, even as strong as we are can’ fight the fight by ourselves without support.”Long time paralegal in the Prosecutor’ office, Lucy Cruickshanks spoke a little different, “We should thank God for everything we have. As for changes in this county, Yes it is different here. The county seems to see that we are not excluded from that kind of thing that, it is possible anytime anywhere. Clay always seemed like we were safe here in our little world but we are not really safe anywhere.”As for Saddam, “n my opinion, he is not the biggest problem. Not just that one person.”Should we blow up Iraq? Cruickshanks, “hat’ a tough question.... I really can’ answer that, I’e not been put in that situation .... I have not lost a loved one due to this. If I had, I probably would feel all different about this. I just don’ know. I just can’ answer that.
         And of course we needed an opinion from someone that prepares our food. We spoke with Subway Sandwich Shop Manager, Lewanda Whaling Thursday Sept 5. On the learning process, “e don’ trust anybody anymore.... Do I think it changed the county? Well, everybody panicked about getting their money and stuff..... but that’ just people.” As for firing the first shot, and without hesitation, “ES, Kick Their A***!!!”As Ms Whaling spoke, the 6 or so close by appeared to be in complete agreement with her.
         Down at the Central Appalachia Empowerment Zone office, Office Manager Michelle Morris commented, “t bonded us together as a country. I think more people are more interested in God .. And interested in what the future holds.” As for Saddam, “I don’ think he is the biggest problem but [he] is a big problem, I don’ know what the biggest problem is.... You’e always going to have fighting and people not getting along no matter where you go.”Should we go after Iraq, “ don’ know about that one. If it would make everything better, Yes. But I don’ see it making anything better. I just see it as more and more death and I don’ think it will solve anything in my opinion.
         Sure wouldn’ be complete without someone that deals with death on a daily basis. From Wilson Funeral Home, Barbara Bodkins, “e’e learned that we are not as safe as we thought we were. I feel like there was a lot of things going on that we didn’ take serious enough. We thought it was just talk and mumble jumble and stuff. We need to be more cautious and aware of what is going on. There is more outward patriotism now.” And for the big problem, Bodkins,”I don’ feel like he is. He is a problem . Yes, but if it were not him, it would be somebody else. It is a sign of the times. Anytime you stand for a cause, everybody jumps on the band wagon. You have people that want to follow. If something happened to him, you would have somebody else. Someone would rise up and take his place.” Go after Iraq? Bodkins, “y personal feeling, No. I think it might be a fight we may not want to be in. It puts us in a light that we don’ want to be in. We would be invading into their territory.. I know we feel like we are threatened, I know that feeling is always there but, if we don’ , can Sept 11 happen again.... Personally, I am not a confrontational person, I am a wait and see person.”Sure need the input from a banker. Fran King on what we’e learned, ... “hat, we as a nation are not invincible... county wide, we are more community oriented.” On Saddam, No. As for invading Iraq, “here is no way we could throw the first punch or fire the first shot, they ‘e already stepped over the line and did that. We have already been violated and we need to stand up on what we believe.”From a banker, a manager, a librarian, an office manager and more, all good thoughts and valid as well.         
         Somewhere along the way Sheriff Fields heard about the interviewing process and offered completely different thoughts. From our 99 year old Sheriff, “et me give you my opinion on this.... I got a pet grief on this D*** 9/11 stuff. 9/11 was a tragic incident and there was all kinds of things that we can think about it..... The thing that really bothers me and since 9/11 happened, we’e had three times that many people die in the United States for the lack of health care. And, you don’ hear a **** word from them politicians standing out here on the TV or by God anywhere , none are preaching for health care. All these people out here at less than 12 an hour can’ afford 6 or 7 hundred dollars a month for health care. You don’ hear any one of them ****** talking about that. That is far more tragic that we would let our people sit by and let our people , we KNOW they are dying. We have the facilities and the means to take care of them and we don’! They have made no effort to get a national health care plan for the people of the USA and they want to play politics with a terrible tragedy! I am not mad. I said the very same thing to Jim Humphreys running for Congress. That’ the first thing I told him. He said that is something that is needed bad or something to that respect... It bothers that we have this tragedy … and we should talk about it and guard against it, but there is nobody making any effort for the poor people, the people making less than $12 or $14 per hour. They can’ afford insurance! ....There is no means by which a poor person can ... our insurance right here is $685.00 per month. H***, Canada, Mexico, Germany, I can name you a number of places that are much better. Canada is the ideal situation... You know what we did? We and the drug companies hired the same representatives. You look at their D**** donations!! I just want to get that off my chest!         AW
         
         
         
         
         ??? DID YOU KNOW ???
         1.        The state spends about $17.3 million per year maintaining the states highway roadsides.
         2.        A study has determined that Arthroscopic surgery is potentially harmful, and does nothing to improve patients knees.
3.        A recent survey of 1,037 public playgrounds nationwide by two leading consumer groups found that 75 percent lacked adequate protective ground surfacing to cushion falls, and nearly half have hazardous swings and 35 percent had slides that were dangerously high.
4.        About 400 children drown annually.
5.        Studies suggest that the global sea level has risen about 7.8 inches over the past 100 years and some experts say the rate is increasing.
6.        The average kid spends 40 hours weekly with media, 17 with parents, and 30 hours in school.
7.        The Manager of media relations for Verizon says about 10742 customers out of 675,000 have registered to pay their bills on line.
8.        CDL license holders had 4,108 DUI convictions in West Virginia during the past 10 years.
9.        Dairy Queen has 5,737 stores including 4,914 in the United States,
10.         This year 50,000 Americans will be diagnosed with Parkinson’ Disease.
11.         According to two nationwide non-profit research groups, if you were pregnant in Charleston last year there is a 91 percent chance that you drank or bathed in tap water that could increase your risk of birth defects or death.
12.         In West Virginia in 2001, 37 children were adopted from foreign countries
13.         According to Tel Aviv University researchers, abrupt changes in body positions caused by sudden loud noises were found within 2 hours of a stroke in one of five patients.
14.         According to: Drive In Movie.com only 10 drive in movie theaters remain in West Virginia.
15.         A grasshopper can devour more than half it’ body weight in vegetation per day.
16.         About 103,000 deaths were linked to hospital infections in 2000 and nearly 75 percent of the deaths were preventable.
17.         14 million Americans could be struck by Alzheimer’ by 2050.
18.         According to the 2000 Census, almost 277,000 West Virginians are over age 65.
19.         Nearly $1 billion poured into West Virginia’ legal “ideo Poker Machines”at race tracks and bars during July.
         20.         Of 51 patients with HIV who underwent organ transplants a year ago or more, 43 have survived.         LMM
         
         
         
         “KAY’S COOKING
         CORNER”
QUICK & EASY DIABETIC RECIPES
         
         CRISPY-CRUSTED STEAK
         Serving Size: 1 steak, Total Servings: 4
         
         1 can (2.8 ounces) French-fried onions, coarsely crushed
         2 tablespoons olive oil
         2 teaspoons spicy brown mustard
         4 thinly sliced beef top round steaks (1 pound total)
         
         1) Place the broiler rack 8 to 10 inches from the heat source and preheat the broiler. Place the French-fried onions in a shallow dish.
         2) In another shallow dish, combine the oil and the mustard. Dip the steaks into the oil mixture, then into the onions, coating completely with each.
         3) Place the steaks on a rimmed baking sheet and broil for 3 to 4 minutes per side, or until cooked through.
         Exchanges: 1/2 Starch . . 3 Lean Meat . . 2 1/2 Fat
         Calories . . 313 . . Calories from Fat . . 192 . . Total Fat . . 21 g . .
         Saturated Fat . . 6 g . . Cholesterol . . 58 mg . . Sodium . . 259 mg . .
         Carbohydrate . . 9 g . . Dietary Fiber . . 0 g . . Sugars . . 0 g . .
         Protein . . 20 g .
         
         “hat’ the difference between a meal plan for people with diabetes and a meal plan for everyone else?
         Choosing the healthiest ingredients, balancing carbs and calories, and not eating ‘il you’e stuffed! Who wouldn’ benefit from the following a low-fat, high-fiber, tasty meal plan?!”
         PESTO ROASTED POTATOES
         Serving Size: 1/6 recipe, Total Servings: 6
         
         2 pounds small red potatoes, washed and quartered
         1/2 cup pesto sauce
         1/2 teaspoon black pepper
         
         1) Preheat the oven to 425 degrees. Coat a rimmed baking sheet with no-stick cooking spray.
         2) In a medium bowl, combine all the ingredients and toss to evenly coat the potatoes.
         3) Place the potatoes on the baking sheet and bake for 50 to 60 minutes, or until fork-tender. Serve immediately.
         
         Exchanges: 2 Starch . . 1/2 Fat..
         Calories . . 177 . . Calories from Fat . . 51 . . Total Fat . . 6 g . .
         Saturated Fat . . 1 g . . Cholesterol . . 1 mg . .Sodium . . 244 mg . .
          Carbohydrate . . 28 g . . Dietary Fiber . . 4 g . . Sugars . . 3 g . .
         Protein . . 5 g . .
         
                 “ever made potatoes this way before? Well, by combining them with pesto sauce, they take on a flavor that’ so good, you’e sure to become known as the Italian kitchen hero!”
         SPICED APPLES
         Serving Size: 1 apple, Total Servings: 6
         
         2 cups cranberry juice
         1 cup water
         1/4 cup sugar
         2 tablespoons lemon juice
         1 cinnamon stick
         6 whole cloves
         6 medium Red Delicious apples, peeled
         
         1) In a soup pot, combine the cranberry juice, water, sugar, lemon juice, cinnamon stick, and cloves. Bring the mixture to a boil over high heat. Add the apples and return the liquid to a boil.
         2) Reduce the heat to low, cover, and simmer for 25 minutes, or until the apples are tender, turning occasionally. Remove the apples from the poaching syrup and place in a serving dish.
         3) Boil the poaching syrup rapidly, uncovered, for 10 minutes, or until the liquid is reduced by about one-third. Pour the syrup over the apples. Reserve the cinnamon stick and cloves for garnishing, or discard them.
         4) Allow the apples to cool for about 30 minutes and serve warm, or cover and chill until ready to serve, turning the apples occasionally to coat with the syrup.
         
         Exchanges . . 2-1/2 Carbohydrate
         Calories . . 152 . . Calories from Fat . . 5 . . Total Fat . . 1 g . .
         Saturated Fat . . 0 g . . Cholesterol . . 0 mg . . Sodium . . 3 mg . .
         Carbohydrate . . 39 g . . Dietary Fiber . . 3 g . . Sugars . . 36 g . .
         Protein . . 0 g . .
         
         Hope you have enjoyed these recipes, until next time.
         Kay Kish
         
         
         
         BOB CLARKE Curmudgeon=s Corner
         The ever-popular story of The Three Little Pigs is not so far removed from the past cold war activities of the Pentagon and the various administrations who continually hand blank checks to the Department of Defense. You may remember that it was not until the third try that the >Big Bad Wolf= failed to blow down the house no matter how violently he huffed and puffed, because our heroes built with brick.
         It was during the perceived Soviet threat that Ronald Regan came up with the concept of a missile defense system, a sort of Maginot Line in the sky. Reagan, the famous cold warrior, who spent World War II making propaganda films for what was then called the Army Air Corps, endured the war years in Hollywood including, no doubt, time fighting the bloody Hun down at the Hollywood canteen. There is no intention here to dismiss the importance of patriotic films during one of the nation
=s darkest periods, but a curious aspect of Reagan=s personality emerged during this period. He came to believe that he had actually participated in some of the heroic deeds portrayed in his movies. After V E Day Reagan grandly announced that it would be a relief to go home to his wife, a hot meal and a clean, dry bed. That is the sort of statement that plays well for the masses. Unfortunately, truth creeps in eventually, and the fact is that Reagan, except when he traveled for the government, was never any further from the comforts of hearth and home than a half hour drive from the studio.
         As a parallel to the famous brick house we are faced with Reagan
=s trumpeted endorsement of the missile defense system. Interestingly, the Gipper=s language for the system, together with his term for the Soviet Union (AEvil Empire@), comes from George Lucas= movie Star Wars. The untold billions already spent on this looney project may stagger the imagination, with billions more to come. It hardly needs mentioning that this is a project that gladdens the hearts and bulges the coffers of Boeing, General Electric, General Dynamics, Lockheed Douglas, et. al. AWhy the sour grapes for such a nifty idea?@ you may query. What a concept! B Firing an outgoing bullet to hit an incoming one. A number of sources have claimed that the government=s reports of test firings as successful, are false. The nay sayers seem to have been silenced lately. It is unlikely that the government would even consider abandoning a project whose cost ia already so stupendous as to stagger the mind. Moreover, it is not a habit of this or any other government to admit it is wrong.
         Theoretically, the idea of a strategic missile defense system is a splendid one. Having a roof over our heads that deflects potential incoming projectiles is an irresistible concept. But here the
>Big Bad Wolf= may come back to haunt us. If that particular wild lobo had not been so stupid, he would not have had to waste his huff and puff inventory. He could have gone in the window, possibly even through the door. The point is, even if the comparison is labored, that no system devised by man (except for the dreadful, sloppy, careless and unforgettable failure of our so-called intelligence agencies) could have saved this country from the horror of September 11. The Germans could not penetrate the Maginot Line, so they went around it. Metaphorically speaking, (if you will forgive the pretentious language) the terrorists, present and future, have no need to attack an impenetrable roof. They came, and may come through the door.
         Following is a brief message for the misguided souls who love to attack the ACLU, calling it
>atheistic= and a bunch of >socialists=. Before the ACLU was founded in 1920, women couldn=t vote, racial segregation was the law of the land, teachers were tried as criminals for teaching evolution, and people were routinely harassed and persecuted for criticizing the government and espousing unpopular beliefs. The right of free speech had never once been upheld by the Supreme Court.
         And for the people who love to throw around the term
>socialism=, it is a tempting image for some of us who would enjoy being there when they reject their Social Security checks.
         Yours, etc., Cur
         
         
         
         Justice: Civil Procedure or Subject Matter? By Jim Chafin
         In the Genesis story of Cain and Abel, Cain asked of the Lord,
AAm I my brother=s keeper?@ Cain invented the art form of shifting emphasis from >subject matter= at hand which was the death of his brother, onto something or someone other than himself. Cain, fully realizing that he had been caught red-handed as a perpetrator of evil deeds, had to think fast in order to divert the glare of light that was then focused upon his crime. And yes, it was with >malice aforethought= that culminated in the death of Abel, his righteous brother. Thus was committed the world=s first recorded murder - the spilling of mans blood at the hands of his own kinfolk. So, through our first family, the hands of men have been tainted ever since. And what can be worse than murder? If mankind can condone the killing of innocent life, it can look upon any other form of depravity without flinching.
         It is within this vein that we would like to ask some pointed questions concerning the operation of this nation
=s legal system, with >particularity=; meaning, we would like some honest answers to very hard questions from those whose responsibility it is to devise and administer our system of jurisprudence. They can choose to answer in a forthright manner, or, they can remain silent and allow the issues to fester and grow. They can help clear up questions in the public mind as to how the courts arrive at decisions based upon questions put before it, refraining, for example, the urge to blame >disgruntled litigants= and others for shortcomings of the legal system itself. It must be pointed out that the judicial branch is one third of government, and its policies affect the lives of everyone in this nation; and whether it wants to admit it or not, it does make law, which, of course, it is not mandated by the Constitution to so do. Article I, Section I says, and we quote: AAll legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.@ Article 3, Section 2 says: AJudicial power shall extend to Controversies between States, Citizens and a State, Foreign States, Citizens or Subjects.@ No mention here of any legislative power granted to the Supreme Court or any inferior court. We are constantly being reminded that law is an all-inclusive, cradle to grave force that influences every citizen of this great country; and that being the case, each and every person should be educated in rudimentary law, thereby removing the veil of secrecy from the judiciary process for the greater good of us all. Crime would, most certainly, be greatly reduced, with a corresponding rise in morality, and renewed vitality with emphasis on public health and safety.
         There is a wall of secrecy surrounding the legal profession that most folks cannot penetrate. Understanding what legalists do, and how they do it, would go along way towards resolving perplexing questions concerning
>civil procedure= - some call it >avoiding the merits of a case=, or, >denying substance=. Example: According to information I have seen (now several years old) there are more than 5500 cases brought before the Supreme Court each year, and only about 140 are heard - the rest being denied for >procedural errors=. However, the Court does not specify >with particularity= specific errors. In other words, they keep the >secret= secret. Substance notwithstanding, that would greatly reduce case load, and, effectively negate a citizens ability to have his/her case heard by a court well informed of the issues. Amendment 14 says: ANo State shall make or enforce any law which shall abridge the privileges or immunities of Citizens of the United States; nor shall any State deprive any Citizen of Life, Liberty, or Property, without due process of the law; nor deny any Citizen within its jurisdiction the equal protection of the laws.@ There=s a stampeding herd thundering across our wall of safety that is striking terror in the hearts of Americans - and it=s home grown!!
         
         
         SHERIFF EXPRESSES SELF
         On July 22, 2002 Deputy Kevin Delk seized a green 2001 Suzuki Quad 500 4 wheeler from Tim Casto Jr. The sharp looking ATV had new tires and chrome rims to boot. Delk called King Wrecker Service to haul it in after doing some checking and finding out the off road vehicle was stolen. On August 7, Officer Delk checked out the Suzuki from the King impoundment area.
         Since then, the rumors have been rampant. You know how word spreads in Clayberry. It happens fast and with each passing, the story grows and grows and..... Such has been the case since Delk checked the thing out of impoundment at King Wrecker. First came that it wasn
=t stolen, that the Casto fellow had a bill of sell, then came word that there was a title for the goods. A few days later came stories of Delk riding the ATV all over the place after removing it from storage. And finally, this week is the account that Mr Casto had retained attorney James Wilson Douglas to sue the pants off the county for confiscating stuff not stolen.
         On Sept 5 Sheriff Harald Fields made it loud and clear his feelings on the matter and where the rumors were coming from. Did we say loud and clear?
         Fields,
A See, Fran want=s to take that **** 4 wheeler for the tow bill. She is being paid. I put her bill in for $256.00. She is only the **** hauler. That=s all the **** she does! This is a **** stolen 4 wheeler. The NCIB has looked at it and the **** vehicle identification number (VIN) on it wasn=t even the number for a 4 wheeler like that. We ran it back thru three or four people and it=s stolen! Nobody can tell you where it came from. IT IS IN MY CONTROL.@
         The Sheriff was referring to King Wrecker Co owner Fran King. As for the street talk that Casto had a bill of sale and a title, Fields, now building a full head of steam,
@ Well. He had a bill of sale for a 4 wheeler. No VIN number. No number. The VIN number was improper. We got another bill of sell from who he supposedly bought it from and no VIN number on that... We called the guy he supposedly got it from and he said No, absolutely not, I was just talking to him about where they could sell it. None of them can tell you nothing about it. The had a make shift VIN number welded in there. It is a felony to have one without that VIN number on it. Regardless of what it is, it is a felony to own that thing without a VIN number on it. It is stolen and you can quote me on that!”Mr Fields seemed a little more than agitated with Ms King and NO NO NO we never even mentioned her name! Fields, A Fran just got ****** off. Fran gets a wild hair, she=s the one that puts the *** **** rope over her shoulder and pulls one in. She don=t have nothing to do with.... I get so mad at her *** **** it. Once she gets it in and gets her bill paid, she has nothing to do with it. Apparently she wants to take the **** 4 wheeler.@
         Before continuing with the warmed up Sheriff, check number 10362 for $256.00 was issued by the County Commission to King Wrecker on August 28, 2002.
         Fields wasn
=t quite done yet and continued with an incident that made the rumor mill last summer, Fields, A I can go into it about a boat we had up there , that she had up there, and she done the same **** thing over this same **** boat that was stolen. They was going to take the boat for the **** bill. It took me 6 months to do it but I finally came up with the idea to take a hair dryer and some finger print powder. I got on that **** boat and I worked two **** days on that SOB getting enough numbers braised until I finally got enough numbers so I could find out who it belonged to. And by GOD it WAS stolen. And this is the same thing. It=s going to take some time.... Two boys were suppose to come in here from Washington , from NCIB, and take motor numbers of it. Go back to the factory and find out what machine that motor number was put in..... Her ******* mouth is bigger than her ***. She does this B.S. and causes us a bunch of G.D. grief and she is after, trying to take somebody=s stolen equipment. I am just trying to find out who it belongs to. She ran up $2600 and some on that **** boat. She got paid on that. She took them to the cleaners on that.@
         Has the Casto boy been charged for the stolen 4 wheeler? Fields,
A No, he is out of state right now. We=re running these bills of sell back. We=ve got it back to over in Nicholas County to some character over there and he says he bought it from somebody he doesn=t even know. ... Fran King can=t get well on every piece of stolen equipment that we come up with here. I am going to blast her *** one of these days on this **** because she is just wanting to take somebody=s **** to the cleaners. That=s all that it is. It irritates me . H*** I=m not here to rawhide nobody. I just want to know who=s machine it is and get the people that stole it. But boy she makes it hard.@
         Additionally, the idle talk said that on August 7 the unit was signed out by Officer Delk and he rode it all over the place. We were almost afraid to ask, but we did, Again Sheriff Fields,@ He took it to my house. I have got it locked up up there. It has not been ridden once. No I=ll take that back. It has been ridden once. The battery was dead on it and I rode down to my mail box to see of it would charge up and then I thought , I ain=t going to run it enough to charge that **** battery. I put a battery charger on it. IT HAS NOT BEEN RIDDEN.@
          Ever get into a messy situation and wish you weren
=t there? ... When the question was asked again on whether Delk had been riding the confiscated item, Fields left little doubt with,@ That=s a **** lie and some more of Fran King=s **** ****.@ When asked if the Sheriff would prefer that the last potty mouth be left out, Fields,@ I don=t care if you do put it in there! It is a stolen vehicle and Fran King is NOT, IS NOT going to get it back!. That=s IS NOT, underline that.@
         Boy! When the Sheriff was asked if this paper had stepped on a sour toe, Fields,
A You sure have! She got up in the G.D. Board of Education meeting the other night and preached a sermon on that SOB. She cleaned their **** on this stolen boat. They took that boat and kept it up here for three or four days and then took it over to Valley Fork and put it in a fellows back yard. They kept it there for 4 or 5 months before I finally had to go get it. She charged 10 dollars a day to have it over in some body=s yard. She gave me a bill for $1356.00. I took the boat home and locked it up in a storage building over there...... I got a hold of the man that owned it and he said the insurance had done paid off. So I called the insurance company and they came over there. They got a **** bill for 2600 and some dollars. That was their problem. She held out and got it. She tells all this **** ****, she says she had to eat that other one, if she did, she ate a long time on it. I don=t try to tell her what to do up at the Board of Education or the bank and *** ******* she needs to not tell me what to do down here in law enforcement. I try to do this **** thing right! As legal as I can!”Trying not to have the Sheriff blow a gasket but working to make sure things are clear, was Kevin Delk out riding around on the confiscated ATV , Sheriff Fields, A Kevin Delk has not been on it. He picked it up from her place and took it straight to my place and dropped it off . It=s been locked up every since. I took it off his truck, it was taken straight off from her place to my place and it is locked up.@
         Remember when we print that Commissioner Sams
= neck veins were the size of garden hoses? Well, this was a telephone interview so we couldn’ see the Fields veins, but if there is any question that Fields was Amiffed@ at Ms King, here=s one more,@ And it ain=t any of her **** business if he was riding it, BUT WE=RE NOT! I am not going to get out here and ride someone=s stolen vehicle. And I AM trying to locate the owner....She irritates me, it bothers me.@
         Had enough readers? We stopped right there. If anybody wants to ask a question about that green Suzuki four wheeler, YOU do it, not me!!!          AW
         
         
         
         CIVIC MATURITY by Don Greene

                 A major problem facing West Virginia today is a lack of civic maturity. Civic maturity can be seen as the capability to live and function successfully without prospering excessively at the cost of others. It may also be seen as the ability to place the benefit of the neighborhood, county, or state ahead of our own personal gain. But civic maturity goes even deeper, into the heart and soul of every West Virginian. We must be committed to improving and advancing our state instead of just drawing a paycheck. This is most acutely needed within our largest employer - the government and government regulated employers.
                 Our lack of civic maturity has given rise to a populace that knows little of real hope, pride and joy. WV is literally ruled by a class of people whose only hope is to gouge more and more from the public. WV is burdened with a class of people whose only pride is in how pretentious they can be. WV is crippled by a class of people whose only joy is in being a spectator or fan of one thing or the other. It is exactly these classes of people that have drug West Virginia down to the bottom of nearly every table of comparison of citizens of America.
                 Our lack of civic maturity has allowed an atmosphere of unspoken oppression to grow in every part of this state. This oppression has bred a spiritual starvation, so ruthless, so despicable, that even toddlers, the disabled, and seniors are attacked by it. The villains that have done this have created a populace of deaf, blind, mute drones that obey the edicts of the rulers without ever questioning or understanding why.
                 At the present we are dependent on these self appointed rulers, and they intend to keep us dependent. Their never ending greed for more power and wealth has created a heartbreaking poverty, not just in the urban slums and rural wastelands but within the very soul of WV. It has taken generations for them to build this choking network of fear and oppression. They make it seem all too easy to look away, pretend that the problem doesn't exist, or simply leave it for someone else to deal with. This situation has weakened the hearts and minds of West Virginians to the point that all the power and glory of being an American has been stolen away.
                 We can begin now to restore the civic maturity of our state. It won't be easy, painless or quick, but it can happen. It is not something that can be half-done or paid lip service while the same old practices continue. The restoration must begin in the compassionate hearts of a knowledgeable informed electorate. That compassion and knowledge must be nurtured and rewarded. We must reverse the ever-expanding government as a major employer, by reining in our runaway, unanswerable bureaucracy.
                 This will mean taking on the powers that be, especially by refusing to merely choose between their handpicked puppets on election day. It will mean refusing to bow down to these selfish, self-appointed rulers any longer. Most importantly it will mean raising our expectations, of ourselves, our elected representatives, and those being paid with our money to serve us. The endless useless acts of creating more patronage jobs, funneling more public funding to political friends and dumping more money down the same old sinkholes will have to stop.
                 As we increase our civic maturity our government will rapidly show the effect. Our elected representatives will cease to be manipulated by the bureaucracy. Without the old despots blocking them, private enterprises will once again begin to grow and prosper. Without having to cater to career bureaucrats and local power-brokers our government will begin to fulfill its actual reason for existing: to serve the public. In every society there are always those in need, pain, or fear. That is who our government should be caring for, not fatcat bankers and corporate sleaze. Likewise, our government could better serve us all if the bulk of its funding wasn't being used to create ever more patronage jobs.
                 Once again the choice is ours. Will we continue the failed, destructive practices of the past or will we move into a brighter, more prosperous future? We can't do both, as the old tyrants would like to pretend. We can't just gloss over it like the bureaucrats would prefer to do. West Virginia must change its perspectives and priorities while there is still something left to save.
         
         
         My Boss, the Patriot
         Capito Awarded for Support of National Guard and Reserve Forces
         Washington - At a special ceremony September 5, Congresswoman Shelley Moore Capito (R-WV) was honored with the AMy Boss is a Patriot@ award for her support of National Guard and Reserve Forces. AI was deeply moved upon receiving this award,@ said Rep. Capito. ASupporting our guardsmen and reservists in both their service in the armed services and their work for their employers is to which we should all strive. As a member of Congress and as an employer, my responsibility to maintain a strong national defense is twofold - both as someone who makes decisions on national security, and as someone who strives to support the work and performance of a National Guardsman.@
         The
AMy Boss is a Patriot@ award is presented to employers by the National Committee for Employer Support of the Guard and Reserve, upon nomination by a member of one of the reserve components of the U.S. Armed Forces. The award recognizes the employer=s positive support for the reservist in serving as a reserve soldier, marine, sailor, or airman.
         Congresswoman Capito was nominated for the award by Lt. Fred Hill, of the West Virginia Army National Guard. Fred Hill, a native of Beckley, West Virginia, has worked for Congresswoman Capito since she took office in January of 2001. At the ceremony, Congresswoman Capito received a Department of Defense Certificate of Appreciation and a Patriot lapel pin.
         
         
         MAGISTRATE REPORT
         Felony
         08/21/02: Hunt - Glen Allen Dix, DUI-3rd offense, arrested, ROB.
         08/22/02: Barbara Harmon-Schamberger - Walter L. Burdette, failure to pay child support, warrant issued.
         08/26/02: Slack - Peggy Conley, retaliation (5/22), preliminary hearing: probable cause found, bound to Grand Jury in the Circuit Court of Clay County; Ellyson - William Edward Hayhurst, receiving/transferring stolen property (8/03), pre-trial dismissal: d/m by State with prejudice; defendant is in custody with other county.
         08/28/02: Rider - Charles Edward Keenan, malicious assault (8/03), probable cause found, waived to the Grand Jury in the court of Clay County.
         08/29/02: Ellyson - Elvis Dawson, wanton endangerment, arrested, ROB.
         Misdemeanor
         08/16/02: Foreman - Mandy J. Sams, underage consumption (alcohol), appeared 8/19, ROB; Foreman - Samuel L. Stephenson, driving on suspended/revoked, appeared 8/20, ROB.
         08/19/02: Light - Charles E. Keenan, battery, arrested 8/21, ROB.
         08/20/02: David James, DNR - Carl Edward Hall, train dog with firearm, appeared 8/22, ROB; David James, DNR - Bradley Allen Roberts, train dog with firearm and hunt/train dogs without license, appeared 8/22, ROB; David James, DNR - Adam E. Underwood, train dog with firearm, appeared 8/22, ROB.
         08/21/02: Bailey - Mabel Wilson, battery, summons issued; Hunt - Glen Allen Dix, driving while revoked for DUIA 2nd offense, no POI, and fail to use turn signal, arrested 8/22, ROB.
         08/22/02: Lizemore Exxon - Hollis Talkington, WC, warrant issued; House
=s Market - Stacey A. Schoolcraft, WC, warrant issued; Rider - Timothy W. Casto, battery, appeared 8/29, ROB; Christina Albright - Elizabeth Holcomb, peace bond, appeared 8/26, ROB.
         08/25/02: Delk - Anthony Wayne Frazier, DUI-2nd offense, arrested, ROB.
         08/26/02: Belt - Elizabeth Holcomb, battery, appeared 8/26, ROB, trial set; Belt - Joyce Dennis Holcomb, harassing telephone calls, appeared 8/26, ROB, trial set; Crystal Taylor - Deanna Drennan, peace bond, summons issued; Belt - Robert Ray Jett, Jr., driving suspended-1st offense, pre-trial dismissal 8/29: case d/m with prejudice upon motion of prosecuting attorney.
         08/29/02: J & S Grocery - Jeremy Burrows, WC, warrant issued; Pennington Auto Supply - Hollis Talkington, WC, warrant issued; Slack - Cassandra D. Dennis, possess alcohol under 21 years, appeared, ROB; Ellyson - David W. Starcher, destruction of property and interfering with deputy sheriff, arrested, ROB.
         Civil
         08/21/02: Chilton H. Nichols - Brandy W. Nichols, money due, subpoena.
         08/22/02: Morgan Gibson, Clay Furniture & App. - Randy Legg, money due, judgement for plaintiff 8/29, defendant failed to appear; Terry Harper - Harold Cooper, money due, subpoena; Procious PSD - Theresa Burdette, money due, subpoena.
         Worthless Checks
         Notices issued -
         08/20/02: Little Country Feed Store - Shasana Mae Quinn (paid 8/23).
         08/21/02: Dawson
=s Service Center - Phillip Bartsch; Lizemore Exxon - Ricky A. Moore, James P. Shaffer, and Roger L. Bosley; Clay Supermarket - Billy J. Deems; Cunningham Motors - Carol S. Johnson, Eric Wayne Moore, Gregory P. Cottrell x 2 (paid 8/30), John Cunningham x 3; Cassie Cunningham; Telenia Hanshaw x 2; and Richard L. Canfield x 4.
         08/22/02: Lizemore Grocery - Jewell M. Wriston and Samantha Jo Adkins.
         08/29/02: Clay Supermarket - Hollis Talkington, Jacqueline R. Keener, James H. Dobbins, and Roy W. Brown; Pennington Auto Supply - Rachel Peck.
         Traffic Citations
         08/14/02: Sheriff
=s Dept. - Garren M. McKinney, improper backing and seat belt violation.
         08/16/02: State Police - Gabrial A. Cottrell, defective equipment; Laura E. Martin, following too close; Mandy J. Samms, underage consumption (alcohol); Samuel L. Stephenson, driving on suspended/revoked.
         08/17/02: Sheriff
=s Dept. - Johnnie L. Taylor, registration violations.
         08/20/02: State Police - Angela L. Holcomb, no POI; Loretta M. Taylor, operator
=s; DNR - William G. Chaplain, fishing violations; Carl Edward Hall, train dog with firearm; Bradley A. Roberts, hunt/train dogs without license and train dog with firearm; Adam E. Underwood, train dog with firearm.
         08/21/02: State Police - Glen Allen Dix, driving under the influence-3rd offense, driving while revoked for DUI-2nd offense, no POI, and fail to use turn signal; Municipal Police - David Shawn Ramsey, no POI.
         08/22/02: State Police - Carl Richard Moore, driving on suspended/revoked.
         08/23/02: Sheriff
=s Dept. - Michael E. Shoults, no POI.
         08/24/02: Sheriff
=s Dept. - Anthony W. Frazier, driving under the influence-2nd offense; Robert Ray Jett, Jr., driving on suspended/revoked and no POI.
         08/26/02: Sheriff
=s Dept. - Rick Dale Grose, failure to maintain control; John Clinton Rogers, failure to maintain control.
         
         
         CHATTER
         
         To whom it may concern on the
         August 23rd issue - Chatter 2 comment:
         Very funny Miss Carte, first off you need to get your facts straight. The boy (we
=ll call him AW@) threatened and chased AB@ not only once but several times. AW@ and 3 other people chased AB@ to his dad=s house and threatened him (witnesses to this). He, AW@, went to AB@=s home and harassed , threatened, and cursed him (witnesses). You aren=t with these people all the time, because if you were, you=d see that they are telling you things to make their side look good. Which, I know, it=s your side too. Were you there the night that she, AA@, was with her latest boyfriend (or at that time) and beat the trunk off AB@=s car? I should sure hope not if I were you. She just got afraid that she was going to have the law called on her so she ran and called the law. And these witnesses aren=t family like all of her so called witnesses. And the law only takes the word of one Aonly one@ family member. The law probably just got tired of her crying Awolf@ when there was nothing to it. And as far as the brother defending his sister, that=s Bull. They have just got a problem with her ex-boyfriend. You don=t know nothing on this matter, for a fact. Oh there was some beating and abusing going on but it wasn=t him that was doing the abusing, it was her. And as I said, it was them that was following AB@ around threatening, when he was the only person who ever did really give a fig about her. She knows it, too. He kept her out of a lot of stuff. Now, he just wants to be left alone, by all of you. He doesn=t bother you and he doesn=t bother them or her. He doesn=t even get to see his little girl because he doesn=t want any trouble. He shouldn=t have the law called on him just because he happens into an establishment that he doesn=t know she=s at. It=s supposed to be a free country and yet she is the one who=s abusing the system. She says she=s afraid of him, yet she never misses a chance to try to get a glance at him, to follow after him, then run to Go-Mart to call her family or the law to make out like he=s the one in the wrong. The law can only do so much and every time she called them on him, they came, although it may have taken them a few minutes more than your precious time would have allotted , they probably had more important things to do, than chasing after bogus phone calls. Contrary to your opinion they (the law) do know their business. So why don=t you let them do it? In the meantime why don=t you brush up on your facts because you don=t know quite as much as you think you do about this matter. Dink Fugate
         
         
         
         PROSECUTOR NEARLY SANCTIONED
         It was a close one readers for Prosecutor Jeff Davis. On Thursday August 28th, Judge Jack Alsop ordered our elected keeper of the Constitution to perform duties or face a $25.00 per day penalty. The case before the Court involved the shoot out at King
=s Grocery Store. Defense attorney John Mitchell Jr stood on one side of the room with Mr Davis representing the state on the other. After some questioning, Judge Alsop found out some of the Adiscovery@ work needed for the case to proceed had been neglected by our youthful Prosecutor. Making sure that performance be adhered to, the Judge ordered all discovery to be filed by the end of the business day on Sept 3, 2002.
         As is the norm for this near award winning paper, we interviewed Mr Davis Sept 5th for the details. The following are excerpts from that conversation.
         Mr Davis, we understand Mr Alsop told you to get your *** in gear or he was going to fine you $25.00 per day. Davis,
A He gave me until the 3rd day of Sept to get some discovery matters in and he said if it wasn=t in by the fourth, we would be sanctioned $25.00 a day. That=s true.@
         How is it , something like this sounds like it would be important, this was the King robbery case, how did this just slip by you? Davis,
@ No, I had been in negotiations with Mr Mitchell Jr., with regard to a possible plea in this matter where the defendant would plead guilty to the offense and.. Gosh, I don=t know how much of this I am allowed to tell...... it was plea negotiations, I would talk to the victim and then to Mr Mitchell. I was kind of in the middle. I thought we had a plea agreement worked out and I thought we were going to appear there last week and enter a plea. That=s why everything wasn=t turned in, you look at a stack of stuff as thick as a phone book.... a Charleston phone book not a Clay phone book... It is not necessary to do all that stuff, do all that filing and mailing if it is going to be plead out. I thought we had a plea agreement. Mr King showed up and said he didn=t want to do that. Since he was the victim I deferred to his judgement and I told Mr Mitchell the plea offer was withdrawn. We had to appear the next day and the Judge said , well, in that case , are you ready for trial? Mr Mitchell said ,we can=t be ready for trial because we don=t have all the discovery yet. He [Alsop] said to me you have until Tuesday or I am going to fine you. I got it ready by Friday, double checked it Tuesday morning.@
         So when Judge Alsop said he was going to do the 25 dollar deal, was that pretty strong? Davis,
@ No.. Stronger would have been , get it done or you=re going to go to Flatwoods, That would have been strong. This .... was just lighting a little fire to get his point across. He wanted it done by Tuesday at the latest.... I went and did some follow up investigation over the weekend. I went out and talked to some more witnesses that weren=t on the police report. I talked to the victim in his family and spent about 3 hours maybe Monday afternoon and came up with some more witnesses on my own and some more statements. I=m not saying that the police officer was not thorough, I am just saying that there were a few witnesses that he did not feel important that I thought we might need.”Has a Judge ever offered to put you in jail for not getting the job done? After some thinking and a sigh, Davis,@ I remember once in an abusive neglect case, twice in the same abusive neglect case, two different hearings, back to back in a row.... where the DHHR was suppose to have done something......and when it came time for the hearing and since I am the legal representative for the DHHR, he threatened me with sanctions and said I had better make sure that they get it in or I could possible go to jail for contempt of court. I said, Judge, I will make every effort to see that they get it done. And in the very next case, where the DHHR had flubbed, he said it again... He was letting me know that that is an option.@
         Has a Judge ever given the threat of a fine before? Davis,
@ No. I consider that better than a... that better than going to jail for that. I am not the only attorney that=s got those. There have been others threatened with sanctions. Actually in the last month, he has fined 2 attorney=s here and one from Braxton County , I believe, fined them for showing up for a hearing late.@
         Some on the street say that you are not work brittle? That you are not broke out with work. Davis,
A You mean overly motivated?... I would say that is not accurate. Believe it or not, most of the day is taken up with questions, people that have the idea that you are the free lawyer that you can ask legal questions.....dealing with the public or stopping in without an appointment.......There is no question that you can answer in 2 minutes. It takes 30 to tell it a lot of time. ....@
          So if we could get a bunch of people coming in and asking you a lot of questions, do you think you would end up in the Flatwood jail? Davis,
@ No, there is always weekends and burning the mid night oil and that kind of stuff. Most of the time after 4 pm we just quit answering the phone.
         “hat gives us time to work on things that need worked on. I come in the morning and I do my own little
Ato do@ list and out of this one for today, out of the three main things that I wanted to get done, I got one of them accomplished..... that=s a normal day.@
         Mr Davis reminded all that his position is a part time position,
@ I had asked the County Commission to make me full time at one point. They refused to do that. That leaves me in the predicament to have a private practice also.... that=s just deeds and wills, power of attorney once in a while, that kind of stuff. Were I full time, I wouldn=t have to supplement this income with a private practice. A lot of the private stuff is taken care of after the prosecutor hours to be honest. After the regular work day. The only thing that I have to take time out of the day to do is a title search. You have to do that during regular hours. Most of the day is spent giving out legal advice. I started this policy, if they call in, tell them to set up an appointment and I=ll be able to plan my week.. Like doctors and other lawyers do but it doesn=t work. You start talking.... I hear, it=ll just a take a minute, you hear that a lot... I can=t walk from here to the Post Office and back, it takes me two hours just to do it. I=m not complaining, that is part of the job. I am just saying that=s what takes most of the time. If I didn=t like it I=d quit! Sometimes, there is not just not enough hours in the day and the beginning of the week is the worst. A lot of it is, so and so blocked my driveway or you know, this one built a fence thru the middle of my garden.... it never seems to end.... People will shoot you over three inches of ground.
         In closing and back on the subject of being work brittle, Mr Davis,
@ I guess if you look at the productivity, I could probably redirect some of my energy at times away from the stuff that I was talking about. But, if you do, you have alienated everybody you=ve come in contact with that day. You can=t do that. There is a certain amount of give and take with the constituency.                                AW
         
         
         
         Message from Senator Rockefeller
         Dear friends,
                 
Nearly a year has passed since 3,000 innocent men, women and children tragically lost their lives in a brutal and cowardly attack on our country. While we've had a year to come to terms with the enormous tragedy of September 11, the sense of loss remains overwhelming.
         On that somber day, we all watched in horror as terrorists used planes to attack our great symbols of freedom and strength. We will never forget that day or the people whose lives were savagely taken from them. People like Mary Lou Hague, who grew up in Parkersburg and was working on the 89th floor of the World Trade Center when the terrorists struck. People like Dr. Paul Ambrose, a graduate of Marshall University Medical School, who was doing public health work with the Surgeon General when he boarded American Airlines Flight 77. I was fortunate enough to have known both of these outstanding young people who embodied so much of what is good about West Virginia and our nation.
         The loss of these two young West Virginians deeply affected our state. Even those who did not know them personally were touched by their lives and grieved their loss. By recalling individual lives and losses like theirs, and then multiplying them several thousand times over, we stretch our minds to encompass the magnitude of the horror of that day.
         Remembering the 3,000 lives taken from us reminds us that, though we continue to move forward with our own lives, we do so in a world that has changed utterly and been made dramatically different. The last year has been a difficult one for all of us, as we search for ways to deal with the fundamental changes that define all of America in this new age. Bobby Kennedy was right when ? amidst the grief and rage that followed the assassination of Dr. Martin Luther King, Jr. ? he said : "In this difficult time for the United States, it is perhaps well to ask what kind of nation we are and what direction [do] we want to move in." What kind of nation are we? What direction do we want to move in? I would answer that America is a great nation. And I would challenge us to move in a direction that even more closely embraces the virtues and values that make us great.
         Where we are a vigilant nation, let us move in the direction of even greater vigilance. Carrying with us the memory of Mary Lou Hague and Paul Ambrose, let us improve security in public places, gather better intelligence, and pay more attention to the world outside our borders. And, in memory of Morgantown's Sgt. Gene Vance ? who fell in action against al?Qaeda ? and Grafton's Staff Sgt. Anissa Shero ? killed in an Afghanistan airplane crash ? let us redouble our efforts to give our service men and women the support and equipment they need to carry out any mission and protect our freedom.
         America is passionate about our virtues: our liberty, our diversity, our democracy. These are the values that differentiate us from the terrorists and what also enrages them. Our response to their rage must be to become even more passionate: to embrace and support democracy around the world; to celebrate our national mosaic of races and religions; and to shine the light of liberty even more brightly into every corner of the earth. America is involved. We give of ourselves ? as service members, teachers, law enforcement officials, emergency workers, and volunteers for causes great and small. Today, public service is more important than ever. Tragedy reminds us we must come together to create an America that is even more secure and just. That task will require daily effort from every single one of us. America is engaged, with businesspeople, diplomats, travelers and missionary and aid workers in virtually every nation on earth. But, as we move into the 21st century, we must engage more sensitively and effectively in global circles ? learning others' histories, speaking their languages, understanding the fundamental tenets of world religions. We must engage at a deeper level, not
just trading and touring, but truly understanding other cultures ... and reaching out to teach them about ours.
         America is a great nation. Let us look back on 9/11 with sadness and respect, and grieve for what we lost. And then, in honor of those for whom we grieve, with their memory held in our hearts, let us move forward with confidence and re?embrace the things that make us a beacon and a refuge to the world. Let us emerge from this tragedy a changed and greater nation than ever before.
         ?Jay