| LITTLE ITALY ISSUE @ CLAY PSD
With about $1528.00 to their name, the Clay County PSD met in regular session Nov 12 in the basement of the old courthouse. 8 or so attended the meeting in addition to Boardsters Keith King, Earl Long and Homer Triplett. After the meeting opened and Triplett offered the prayer service, a couple things stand out.
Lizemorette John Humphry with the “WE WANT WATER GROUP”asked the appointed ones for an update on getting water into the Lizemore/Indore section of the county. Mr. H commented that letters to various politicians were being mailed out . Although Humphry was seeking information, little was provided. Readers, there has been a change. It was just a few months back that Chairman King was less than polite with Humphry. King, certainly not a people person by any stretch of the imagination, during the earlier encounters was at the least, rude and by many standards, hostile to the community oriented organization formed in Lizemore. Back then, the locals had signed a petition to seek water service not from this county but rather from Gauley Bridge. They cited a history of mis information and ( for some) down right fibbing from the Clayberry establishment. That seems all behind them now with King feeling much more comfortable with the Lizemorette bunch. Having said that, still no word on when the long stalled water line construction may begin in that section of the county.
Another fellow, Larry McLaughlin was not so agreeable with the Clay County PSD. Long a closely held secret ( almost), many customers in the Little Italy section of Ivydale go without water service between 11pm and 5 am on a regular basis. According to McLaughlin, the lack of service has been standard for a number of years and thru correspondence, the unhealthy condition was suppose to have been straightened up some time back. . At one point private citizen McLaughlin asked about who was being untruthful while looking at Keith King. Oh Boy, That didn’ set too well with King who doesn’ like any dirty laundry out to the public. McLaughlin listed the many people he had talked with over the years. With little water available during the day light hours and none after 11pm nightly, the customer asked why the unhealthy predicaments didn’ demand a continuous Boil Water Order for those customers. King retorted that a BWO was mandated
After asking for information, King replied “It’ a long long story.”McLaughlin, “It’ a long dry spell too!!”McLaughlin, not making any headway with the Czar, I mean the Chair, continued on by bringing up pee poor engineering in his service area where a 4 inch water main feeds into a 6 inch line. Suggestions by McLaughlin pretty much fell by the wayside.
With a short attention span, King tired of the public comments after just a few minutes, “We’e just batting around the breeze!”and later, “We can’ help you with anything!”And then the keeper of the meeting, McLaughlin, who pays the minimum $30.12 rate for 3000 gallons of water a month, asked the PSD to refund his money since he could not receive that much water due to no or little water in the delivery line. King said no way to the request. McLaughlin read from his 7 year old water service agreement that said the PSD was obligated to provide the water. NOTE: Watch this one to grow, it looks like McLaughlin may have a point.
And: the PSD is looking to purchase a double wide trailer to use as office space on Main Street; The PSD is looking at buying a new 4 WHD truck, the last one purchased now has 68,000 miles on it; and part timer Beverly has quit her clerk position. Job opening readers! AW
CLAY ROANE MAKES CHANGES!
With a packed agenda and a peanut gallery holding a dozen or so, the Clay Roane PSD met in regular session Nov 14. Beginning at 7 pm, the discussions and votes lasted well past 9 pm. Present: Chair Gary Whaling, Roy Ellis, Garrett Samples, and Melissa Postelwait. Absent: Glenn Sutton.
One thing has to be mentioned before this meeting’ coverage. During the Oct meeting, Chair Whaling made comments on the unsatisfactory performance of independent contractor Shane Morton. Late last month a special meting was held to clear up issues surrounding the contractor and address the comments made by Whaling. With apologies made and a clearer understanding of what is expected from water tap contractors in hand, all in attendance appeared to be happy.
Now for the 15th meeting. Talk about changes!!! Probably the longest agenda in Clay Roane PSD history. Even after the recent rate increase, the water provider remains cash poor.
During the Nov 4th Boil Water Order, there was a break down in communications resulting in the Health Dept not being informed of the BWO. Although the School Board was informed the BWO, the school system chose not to adhere to it at Valley Fork Elem.
On the long standing issue of an ex employee who did not read meters for ages and ages which resulted in a $15,273.28 loss for the PSD. With Garrett Samples abstaining, Board voted to have attorney Tom Whittier look into going to court to retrieve the $. Whittier explained that the PSD has a duty to at least investigate any loss.
Currently many water lines and valves are not listed on topographic maps. County Sanitarian Teresa Morton explained that knowing where the cut off valves are is very important during emergency situations. Motion passed to upgrade the maps over the next several months.
As for meeting the WV Public Service Commission standard of having all water meters within 10 feet of property boundaries instead of placing the meter close to the building or home, Whaling,”…moving meters is a can of worms we don’ want.” Motion tabled to enforce PSC rules on meter placement except on all new installs.
Big time discussion on part time maintenance employee Dale Deems working way too many hours. As a recipient of Social Security benefits Deems is to work only 5 hours a day at 6 bucks per hour. With Chair Whaling saying that the PSD does not need a full time maintenance man, and with Boardsters Samples and Ellis commenting on the lack of PSD funds, Motion made and passed to use contractors to fix water line breaks in the future and keep Deems at his normal 5 hours per day.
Many of the agenda items were requested by new Boardster Melissa Postelwait. Such is the case with item # 8. After much debate and soul searching by Whaling, motion made and seconded to go after 24 current customers with big time long past due bills. Employee Jennifer Traub will take the past due folks to Magistrate Court in the few days.
Also, a motion was made and passed to go after 15 ex PSD customers owing $5996.04 in past due bills. One customer, a landlord, owes over $800.00 . To Magistrate Court they too will go!
Change readers, that’ what you’e seeing at Clay Roane PSD. Postelwait appears to the spark plug for this new streamlined approach for operations. And get this, never once on the 15th did those little blue veins pop out on Chair Gary Whaling’ head! The next agenda calls for more discussion on moving JD Morris’controversial water tap. Stay tuned, should be fun!
AW
KAY’ COOKING CORNER
QUICK & EASY DIABETIC RECIPES
BOTTOMLESS CHICKEN POTPIE
SERVING SIZE: 1 SLICE, TOTAL SERVINGS: 8
1 can (l0-3/4 ounces) condensed cream
of chicken soup
1/4 cup fat-free milk
3 cups cubes, cooked chicken breast
1 package (16 ounces) frozen peas and carrots,
thawed and drained
1/2 teaspoon black pepper
1 refrigerated folded pie crust
(from a 15-ounce package)
1) Preheat the oven to 425 degrees. In a large bowl, combine the soup, milk, chicken, and peas and carrots; mix well.
2) Pour the filling mixture into a 9-inch deep-dish pie plate. Cover with the pie crust, pressing against the pie plate to seal, and flute, if desired. Make several slits in the crust to create steam vents.
3) Place pie on a rimmed baking sheet and bake for 40 to 45 minutes, or until heated through and the crust is golden. Let sit for 5 minutes, then cut into wedges and serve.
Exchanges: 1-1/2 Starch . . 2 Lean Meat . . 1 Fat . .
Calories . . 288 . . Calories from Fat . . 104 . . Total Fat . . 12 g . . Saturated Fat . . 5 g . . Cholesterol . . 53 mg . .
Sodium . . 468 mg . . Carbohydrate . . 22 g . .
Dietary Fiber . . 2 g . . Sugars . . 4 g . . Protein . . 20 g . .
NOTE: TO GIVE YOUR CURST A NICE GOLDEN BROWN COLOR, LIGHTLY COAT IT WITH NONSTICK COOKING SPRAY BEFORE BAKING.
“HAT’ MISSING FROM THIS PIE? THE BOTTOM CRUST! YUP, THE FACT THAT IT’ BOTTOMLESS MAY MEAN IT HAS LESS FAT THAN TRADITIONAL POT PIES, BUT ONCE YOU TASTE IT, YOU WON’ FEEL LIKE YOU’E MISSING OUT ON ONE THING!”CHERRY BONBONS
SERVING SIZE: 1 COOKIE, TOTAL SERVINGS: 24
1/2 cup (1 stick) butter, softened
1 cup plus 2 tablespoons confectioners’sugar, divided
1-1/2 cups all-purpose flour
2 tablespoons fat-free (skim) milk
1 teaspoon vanilla extract
1/8 teaspoon salt
24 maraschino cherries, drained
with 2 teaspoons liquid reserved
1) Preheat the oven to 350 degrees. In a medium bowl, beat the butter and 3/4 cup confectioner sugar until creamy. Stir in the flour, milk, vanilla, and salt; mix well.
2) Shape into 24 balls. Press each ball around a cherry and place on an ungreased baking sheet. Bake for 18 to 20 minutes, or until light golden. Cool on a wire rack.
3) Place 2 tablespoons confectioners’sugar in a shallow dish and roll the bonbons until lightly coated.
4) In a small bowl, combine the remaining 1/4 cup
confectioners’sugar and the 2 teaspoons reserved cherry liquid; mix well. Place in a resealable plastic storage bag. Cut a small corner off the bag and drizzle the glaze over the bonbons.
5) Allow the bonbons to cool until the glaze is firm, then serve, or store in an airtight container until ready to serve.
Exchanges: 1 Carbohydrate . . 1/2 Fat . .
Calories . . 95 . . Calories from Fat . . 35 . . Total Fat . . 4 g . .
Saturated Fat . . 2 g . . Cholesterol . . 10 mg . .
Sodium . . 52 mg . . Carbohydrate . . 14 g . .
Dietary Fiber . . 0 g . . Sugars . . 7 g . . Protein . . 1 g.
“es, you can have sweet treats, like old time favorite bonbons, as long as you properly count your carbohydrates. And don’ forget, one gram of carbohydrate has four calories.”Enjoy.. until next time...Kay
Home Service Provider Meeting
Representatives from Homeless Service Provider organizations met yesterday at Flatwoods, WV in a combined collaborative effort to improve services for homeless individuals and families statewide.
Directors from Scott's Place in Fairmont, Bartlett House in Morgantown, Union Mission/Crossroads and Sojourner's Women's Shelter in Charleston, Aid For Families In Need in Amma, The Clarksburg Mission in Clarksburg, Disabled American Veterans, Vietnam Veterans, Family Resource Networks and WV Department of Health and Human Resources and other interested representatives met to formalize a statewide information assimilation collaborative to streamline and improve the existing supportive services for the state's homeless persons.
Speakers included Melissa Loder from Criss-Cross from Harrison County, Tammy Gorby from the Homeless Veterans Outreach Program in Clarksburg, Kate Whitteker, Executive Director for Aid For Families in Need, Cathleen Davis from Nicholas County Family Resource Network, Frank Jarman, Executive Director for The Clarksburg Mission and Lucinda Curry, a state representative for the 4WV One Stop Centers.
The speakers were informative and the conference ended on a positive note. A statewide collaborate has been formed by representatives of many of these agencies to attend several future meetings to create a statewide information assimilation group.
Information and resource sharing was discussed by all those in attendance. This will mean future services by such social service agencies could be streamlined and delivered without the difficulties than exists at this present time. It will also mean that needy individuals and families will have more resources at hand because of resource sharing between agencies.
Planning for next years meeting has already begun. If an agency wishes to participate and be considered in the collaborative group they should contact Kate Whitteker at 304-565-4426, Frank Jarman at 304-622-2451 or Tammy Gorby at 304- 623-3461, Ext. 3583.
Patriotism, or, Constitutionality? By Jim Chafin
Every government, no matter the form by which it is known by its neighbors, has its share of self proclaimed ‘atriots’ some willing to shed their own blood on behalf of what they perceive as their benefactor. No matter the disparities in the distribution of goods and services, nor the vast gulf that divides rich and poor, all share the commonality of purpose to protect that which provides for their substance. And so it is in the case of our current problems. In essence, patriotism is: devotion to, and active support of, a person, place, thing, or cause; i.e., as in loyalty to the constitutional flag of these United States of America. Patriotism, then, can run the ramparts from freedom loving democracies to despot producing societies. Rogue nations produce a bumper crop of zealots who, perverted though they be, can create mayhem in more docile and civil societies.
On the matter of patriotism in the support of America’ war on terrorism, the reasons sited by various interests vary widely, based on circumstances in which one finds himself at any given time. Most of the rhetoric bandied about in the media has little to do, or exhibits only superficial recognition that patriotism, to be a valid exhibition of support for this nation, MUST BE hard-core supportive of the Bill of Rights, Constitution, and the Declaration of Independence. Failure to do that cuts the very heart out of patriotism as a viable expression of support for this nation’ institutions. Since our constitution is the very epitome of man’ expressive faith in the source of all liberties, then lack of support for that precious document would lead one to believe that the rule of law is not important; while at the same time, lend credence to those who say that the ‘ule of man’offers the greatest potential for life, liberty, and the pursuit of happiness. Nothing could be farther from the truth! Government figures and private citizens alike who would sell the Constitution, or any part thereof, for a mess of porridge in the form of some perceived short term benefit will, ultimately, find themselves under the heel of king tyrant once again. America’ wars have spilled an ocean of blood from those who fought those horrific tragedies, and no one now living should ever forget the lessons associated with September 11, as well as December 7, 1941, the other date of infamy, when war brought unspeakable misery to this nation, because, war is hell!! Being ‘atriotic’doesn’ necessarily mean that one must always agree with what is being done by government or community leaders. War is too important to be decided by political considerations. We should go to war because it is necessary to protect ourselves or our allies, not because it will elect partisan politicians to Congress.
Ray Hanania: “t’ amazing how easy it is for people who have never served in the military to rattle sabers and urge an attack on Iraq…Real courage, these days, is rare. You will find it in the faces of those who stand for principle against the majority opinion…” Hanania continues: “ot all defenders of democracy believe you have the right to free speech or thought. Right wing fanatics on radio and in many columns symbolize the ugly side of democracy…I thought John McCain fought in the Vietnam War to protect democracy, not deny it to those he disagrees with…”
Like the columnist, I thought the democracy I fought for is a democracy that challenges Americans to question people like the President about political and personal motives. And Bush does have both a personal and political agenda. During election time we understand that many politicians take their stands based upon the public opinion polls. There is a moral position in all of this – I oppose Saddam Hussein, however, I do not support going to war because the economy is in a slump; and W. Bush, like his father before him, does not know how to make it better. I cannot support turning our country into a dictatorship that violates the very precepts upon which this great nation was founded.
To Catch a Kiss Legend By Jeanna Dozer
Long time ago, when times were really hard in rural West Virginia, many men had to leave their loved ones and travel long distances to work. Most didn’ have cars, so they walked. And in them days, the only real work was in the mines. It was a very dangerous job, and many men lost their lives in the mines.
So, most men left their homes way before dawn and walked to work so they could be there on time. Some stayed around close, only returned home for a day or two, but most made the journey back every night, not returning home until late in the evening.
There were no telephones back then in most homes, so if anything was to happen, no one knew until someone returned home in the evening. Most wives sent their men out to work not knowing if he would return safely. Most wives stayed home tending their chores and children, keeping a silent prayer on their lips for the safe return of their men. Only in the evening, when they saw their men’ carbide lamps coming up the road, did they sigh a prayer of thanks for their safe return. So was life…
During this time lived a very young couple just starting out. They loved each other very much, sometimes a rare thing when folks usually married because of necessity. But these young people were in love, so much so that they could almost read each others mind. Theirs was a special love…everyone felt they had been in love long before they were ever here, star-crossed lovers from the past, always finding one another in each new life…folks never spoke of such things, at least not in public. Witchery they claimed, see’ how West Virginia is a Bible state.
So their life together began, and the young man wanted to provide for his love, to give her the world. But alas, the only place there was to go was the mines. This troubled his young bride, fearing for her lover’ life. To ease her mind the young man told her that every day before he started home from the mines he would blow her a kiss, across the vast mountains, telling her to be on the front porch just before dusk to catch it. This would let her know he was safe and on his way home. Every morning the young man would leave for work, kissing his love and reminding her to wait for her kiss.
Every evening, just as he said he would, he sent his kiss. At the precise moment the young bride would wait, with her eyes closed and her hands opened before her, as a leaf fell into her waiting palm. Perfectly shaped and always green, didn’ matter – summer, fall, winter, spring – it would be perfect, not a blemish on it. She cherished and kept each one, putting them in her secret place.
One day as the young bride waited on the porch as always, as dusk was falling, and she felt the leaf enter her hand, a very cold wind blew and the leaf flew up, rising above her head, seeming to disappear into the heavens. And in its place was a reddish brown and crumbly leaf with one hole in it lying in her trembling hands. She immediately fell to her knees and wept, until a neighbor who lived above her and worked with her husband came up the road. He found her quiet and still, barely breathing and very cold. He rushed her into her home and laid her on her bed, then ran to his own home to fetch his wife. When they returned they found the young bride pale and unmoving. She spoke just above a whisper, looking at them with empty eyes, asking, “e’ gone, isn’ he?” With his head bowed the neighbor softly said, “es.” She sat up and said, “ must go now.” Then she laid herself back down and calmly left this world. The miner’ wife observed something in the young bride’ hand; opening it she saw the remains of the crumpled leaf.
So the legend goes…to catch a leaf in flight you are catching your lover’ kiss. Young and old alike, whether unknown loves, present loves, or loves that have passed on, when you catch a leaf you know you are loved.
MAGISTRATE REPORT
Felony
11/04/02: Delk – Roger Dale Rogers, DWR/DUIA 3rd offense,warrant issued.
11/07/02: Delk – Michael Thomas Butcher, II, possession with intent to deliver a controlled substance and carrying a concealed deadly weapon 2nd offense (10/19), hearing – probable cause found, bound to Grand Jury in the Circuit Court of Clay County.
11/09/02: Delk – Michael E. Haines, DWR/DUIA, arrested, ROB.
11/12/02: Delk – Michael R. Fitzwater, grand larceny, receiving or transferring stolen goods, and burglary (10/18), trial – probable cause found, bound to Circuit Court; Bailey – Thomas Ray Holcomb, retaliation, warrant issued.
Misdemeanor
10/19/02: Bailey – Kimberly R. Melrath, possession marijuana less 15 gms, appeared 11/01, ROB.
10/27/02: Delk – Teresa Dawn Copen, driving on suspended/revoked and MVI, appeared 11/01, ROB.
10/30/02: Rider – Joshua Allan Thacker, leaving scene of accident, arrested 10/31, ROB.
11/01/02: Slack – Roger Brandon Smith, summons issued for violation of protective order, appeared 11/12, ROB.
11/04/02: Foreman – Terry R. Rogers, DWR/DUIA, appeared, ROB.
11/06/02: Belt – Malena Stone, warrant for battery, arrested 11/11, ROB.
11/07/02: Belt – James Philemon Deal, DUI, arrested, ROB.
11/09/02: Delk – Michael E. Haines, fleeing in a vehicle, arrested, ROB.
11/10/02: Delk – Glen E. Abbott, destruction of property X 3, striking unattended vehicle, striking fixtures along highway X 2, and obstructing, arrested, ROB.
11/12/02: Bailey – Thomas Ray Holcomb, intimidation of witness, warrant issued; Slack – Jenny Loving, unlawful disposal of litter and destruction of property, summons; Slack – Patrick Blankenship, unlawful disposal of litter, summons.
Civil
10/30/02: Samantha Adkins – Bank of Gassaway, money due.
11/01/02: Chilton Nichols, Nichols Furniture – Robert S. Foster, Jr., money due; Eric W. Moore, money due; James L. and Charla A. Jones, money due; Samuel D. Nottingham, money due.
11/06/02: Donald J. Neal – Earl Stone, wrongful occupation; Wilson Funeral Home – Sandra L. Ramsey, money due; Darlene Ice, money due.
11/08/02: Walter Schoonover – David Pritt, money due.
Worthless Checks
Notices issued –
11/04/02: Cunningham Motors, Inc. – Sherry Taylor Adkins, Joyce B. Moore, and Marilyn Taylor; Colene House, House’ Supermarket – Deana Hudnall; IGA – Donna Smith.
11/06/02: Primary Care Systems – Cathy Stutler and Jennifer R. Cutlip.
11/07/02: Clay Supermarket – Jennifer L. Rogers (paid 11/13), Marsha Eagle, Thomas M. Eagle, and Mary Sue Murdock; IGA – Sandra Eagle X 3.
11/12/02: Clay Farm Cooperative – Michael Murphy and Donna Tryon.
Traffic Citations
10/19/02: State Police – Kimberly R. Melrath, possession marijuana less 15 gms.
10/21/02: State Police – Joseph T. Carmody, speeding; Brandi L. Shafer, speeding.
10/23/02: State Police – Edward L. Adkins, driving on suspended/revoked.
10/27/02: State Police – Matthew Wayne Bush, speeding; Sheriff’ Dept. – Teresa Dawn Copen, driving on suspended/revoked and MVI.
10/28/02: Sheriff’ Dept. – Jerry Paul Helms, Jr., failure to maintain control.
10/29/02: State Police – Terry R. Rogers, DWR/DUIA.
11/02/02: Sheriff’ Dept. – Ernie Pat Dawson, Sr., failure to maintain control.
11/11/02: Sheriff’ Dept. – Donald D. Dawson, failure to stop (sign); Jack Holcomb, speeding; Justin M. Ramsey, speeding.
MORRIS PLEADS AND MORE
Since the last edition of this newspaper, JD Morris plead guilty to one count of embezzling bank funds from the Clay County Bank. When the allegations of embezzlement first surfaced October 11, many in the county were in disbelief. The long time pillar of the community “ust wouldn’ do that” one senior citizen commented.
Jimmy D. Morris resigned as bank president unofficially April 23, 2002 just before a cease and desist order would be made public by state regulatory agencies.
Many in the community are still confused on what the charges against Morris say, what a guilty plea entails, and the terms of his probation. In an attempt to keep all our readers straight, we went to the source, the US District Court for Southern West Virginia in Charleston and copied the documents in the criminal case 2:02-00230, USA vs Jimmy D Morris.
According to Asst. US Attorney Susan M. Arnold, on October 4th, the US Attorney charged: Clay County Bank was a financial institution located in the Clay WV, the deposits of which were insured by the Federal Deposit Insurance Corporation; Defendant Jimmy D Morris was president and chief executive officer of the Clay County Bank; and, From in or about January 1997 and continuing through April 2002, at or near Clay, Clay County, West Virginia, within the Southern District of WV, and elsewhere, defendant Jimmy D. Morris did knowingly and with intent to defraud Clay County Bank, embezzle, abstract, purloin and willfully misapply approximately $171,856.59 of the moneys of such bank.
The above referenced Information document was signed by Ms Arnold October 4, 2002. The Information brief was agreed to by Morris which is an arrangement indicating Morris cooperated with the Feds and would plead guilty to the findings of the court.
During the November 4th hearing held at the Robert C. Byrd Federal Building in Charleston, Morris pled guilty to just one count of embezzlement, the plea was made, and bond was set. In the plea order filed with the court some interesting, albeit sanitized, conflict of interest issues were made public. From the plea order filed November 4, 2002:
At a hearing held November 4, the US appeared by Susan Arnold and the Defendant appeared in person and by counsel, Wayne King, for the purpose of considering the Defendant’ plea to a single count amended information.
The Court inquired of the Defendant, addressing him personally and through counsel, to determine the competence of the Defendant to proceed, and the Court found the Defendant competent.
The Court further inquired of the Defendant’ understanding of his right to require the Government to proceed against him by way of indictment as the alleged criminal violations charged in the information. After having thoroughly explained this right to the Defendant, after having heard the Defendant’ responses to the Court’ questions to him concerning this right, the Court found that the Defendant had made a knowing and intelligent waiver of the right to proceed by indictment.
Prior to the Court taking the Defendant’ plea, the US noted the possibility that, if this matter went to trail, Defendant’ counsel, Wayne King, might be a witness. Mr. King expressed that he did not believe this constituted any conflict of interest. The Court inquired of both Mr. King and Mr. Morris whether, knowing this potential conflict, Morris continued to wish King to represent him in all aspects of his plea and sentencing. Morris told the Court he wanted King to be his lawyer. The Court was satisfied and accepted this as a knowing and intelligent waiver on the part of the defendant…….
Mention has been made in other media coverage on the conflict of interest aspects of this case. In Charleston newspaper reports mention was made of bank documents lost during a June 13th fire that destroyed the law office building of Wayne King and Kevin Duffy. During the October 24th County Commission meeting, King commented that he was just waiting for “omeone with assets”to try and link him to the fire. Now back to the Court record.
The Court next inquired as to the Defendant’ plea and the Defendant responded that he intended to plead guilty. The Court explained the statute in which the charge was based and the elements which the Government would have had to prove had the case been tried…. The Court advised the Defendant that he could not withdraw his plea if he was dissatisfied with the sentence imposed.
The Court inquired of the Defendant personally as to whether any threats or promises had been made to him to induce him to plead, whether any predications were made regarding the sentence he may receive, and whether he had any second thoughts about entering a plea of guilty, to which questions the Defendant replied in the negative. The Court inquired personally of the Defendant about acts he did and what intentions his actions were undertaken.
The Court then being satisfied that there existed a legal and factual basis for the plea, provisionally approved the plea agreement….
Accordingly, the Court adjudges and the defendant now stands provisionally convicted of the offense charged in the within single count amended information. The Court scheduled the deposition of this matter for Monday, February 3, 2003 at 10 am in Charleston. Unless other directed, the probation officer is directed not to disclose the probation officer’ sentencing recommendation except to the Court.
The Court found by clear and convincing evidence that the Defendant was not a flight risk or a danger to the community and, hence ordered that the Defendant remain free pending deposition upon his execution of a $10,000.00 personal recognizance bond, subject to the standard conditions of bond.
JD Morris had pled guilty to violation of 18, U.S.C., 656 (embezzlement) as charged. Judge Charles H. Haden II signed the plea November , 2002. Since Morris has no prior criminal record, many anticipate the sentence will be light. In one newspaper account, mention was made that Morris will be required to serve at least one day in jail.
As for penalties for such a crime, back to the court house records signed by Wayne King and Morris November 1, 2002: The maximum penalty to which Mr. Morris will be exposed by virtue of this guilty plea is as follows: a) imprisonment for a period of 30 years, b) a fine of $1,000,000.00 or twice the gross pecuniary gain or twice the gross pecuniary loss resulting from defendant’ conduct, whichever is greater, c) A mandatory special assessment of $100.00 pursuant to U.S.C., d) An order of restitution pursuant to U.S.C… or otherwise set forth in this plea agreement.
Mr. Morris also agreed to several other key items. In the restitution agreement: will make restitution in the amount of $137,252.00 with interest to the Clay County Bank and “othing in this order precludes the Court from ordering Mr. Morris to pay a greater or lesser sum of restitution in accordance of the law. Mr. Morris also pledged to be forthright and truthful with the Court and law enforcement agencies with regard to all inquiries.
So how did we get from nearly $172,000.00 to $137,252.00? The Federal probe goes back just five years. Keep in mind a portion of the Federal court documentation remains sealed and unavailable to the public!
And from the November 1st paperwork this: Unless this agreement becomes void due to a violation of any of its terms by Mr. Morris, nothing contained in any statement or testimony provided by him pursuant to this agreement or any evidence developed there from, will be used against Mr. Morris, directly or indirectly, in any further criminal prosecutions or in determining the applicable guideline range under the Federal Sentencing Guidelines. Keep in mind that Morris pled to criminal charges and no mention is made of IRS standards for taxes owed the Feds. Morris also agreed to not appealing the Court’ decision on the fine amount.
According to other sources, Morris took the money from customer’ interest bearing accounts and a student loan fund administered by the Clay County Bank. Just before the public became aware of the embezzlement activities Morris returned $172,000.00 to the bank.
From the top of the pile to bottom of the heap, the process of justice is now nearly complete for JD Morris. It appears that about the only thing left are questions. Who, if anyone, helped Morris with the scheme; will others be charged for their part of the illegal activities; which customers had their $ stolen; will the stolen money be returned to the proper coffers; will the once strong bank be able to survive; and….. what penalty will be imposed on Morris? Jail time? No time? All home confinement? How stiff a fine? AW
From Jay Rockefeller
November 14, 2002
Dear Friends,
Now that the election has passed, I look forward to resuming our email communication on the issues that are important to our state.
I am very honored that my fellow West Virginians have reelected me to the United States Senate. Working for the people of the Mountain State is my passion and I'm very thankful for the opportunity to continue to serve West Virginia. Over the next six years, you can count on me to continue the fight for better jobs, improved education, and quality health care.
While there are many critical issues facing West Virginia, there are several that need to be addressed immediately. For example, I am working to pass legislation that will improve veterans' health care benefits and I'm fighting to protect federal funding for the Children's Healthcare Insurance Program (CHIP) that serves over 25,000 young West Virginians.
It is also critical that West Virginia receive emergency funding through an increase in the Federal Medical Assistance Percentage (FMAP), which helps fund the Medicaid program. Several states, including our own, are facing severe budget constraints, and I have authored a bill that will provide temporary assistance to help states like ours continue to provide affordable healthcare services to low income citizens.
Another key issue before Congress is the reauthorization of welfare reform. Since 1996, welfare reform has moved hundreds of thousands of citizens from
welfare rolls to work. Now it is time to build on that success by modifying and improving the program so that families have the tools they need to become self-sufficient.
It's also critical in the coming months that we focus our attention on the nation's public education system. Two of the biggest problems facing our schools are crumbling buildings and recruiting and retaining qualified teachers. I've authored two bills to address these concerns. The first would make a federal
investment to modernize our schools. The second would provide financial incentives to teachers who work in rural or low-income schools, and those teachers who receive a national teaching certificate.
And, Congress continues to debate the new Department of Homeland Security. I support the creation of a cabinet-level Department of Homeland Security because it would combine more than 22 separate agencies into one, streamlining the work of thousands of people toward one goal: preventing terrorism in America.
However, protecting Americans does not stop at our country's boarders, so we must also continue to focus on eliminating the threat of terrorism abroad. Part of eliminating that threat is assessing the performance of our intelligence agencies. The Intelligence Committee, which I serve on, has been holding hearings on the events surrounding September 11th to determine whether there
were failures in our intelligence gathering system. We expect to release a report on these findings in the next few months.
There is no doubt that we are facing significant challenges in the upcoming weeks and months. I look forward to continuing our fight - together - for a better West Virginia. And, as we face these new challenges, remember, your input is a vital part of my everyday work. -Jay
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