CORRIDOR CHRONICLE
Gregory’s Web
by Ron Gregory
If a scoundrel had not beaten Richard Ojeda on Sunday before the May primary, who all might have been elected to office in West Virginia?
Assuming some sane person somewhere can buy the convoluted argument of Logan Circuit Judge Douglas Witten, the sky is apparently the limit. Witten, pompous and arrogant as always, somehow believes that Ojeda got beat up at a park just before the election and this cost him (Witten) the election. Can you say, oh come now …?
Keep in mind that Ojeda was running against State Senator Art Kirkendoll in a race that had absolutely nothing to do with the non-partisan judge contest. Witten says he (the judge) was identified as a member of Kirkendoll’s “ticket” and voters responded so negatively to the beating that they voted against all Kirkendoll candidates. Thus, Witten, who fell to Joshua Butcher by 59 votes after a recount, is being deprived of his rightful term as judge because Ojeda was a victim of a one-man lynch mob.
Believe that one, and I’ll sell you the Dingess Tunnel really cheap at 9 a.m. tomorrow in front of the Mingo County courthouse. If Witten used this kind of insane logic in his appointed judge courtroom, I pity those who appeared before him. And he appointed he was; never elected. Governor Earl Ray Tomblin chose him when longtime Judge Roger Perry resigned before his term ended. The appointed judge quickly made changes in office staff, including letting Butcher go as a law clerk. Perhaps he now regrets that decision.
In another weird development involving the case, Witten made an ex parte (only one party present) request of fellow Circuit Judge Eric O’Briant, asking to see the absentee voter records. O’Briant granted the motion without any consultation with Butcher and his attorney nor, apparently, with any election official including County Clerk John Turner and Secretary of State Natalie Tennant.
Although Witten makes wild assertions about his connection to Kirkendoll costing him the election (Ojeda defeated the incumbent Senator), he also specifically lists such “problems” as ten people failing to sign the poll book, election officials’ oaths not being recorded, and Butcher’s wife “campaigning” too close the polls as reasons he should be made the winner.
To paraphrase Butcher’s attorney, Witten is seeking to use a 150-year-old statute to overturn the will of the voters. Some on Barker’s side fear that the appointment of a three-person group to review the election will tilt everything toward Witten. Under the obscure law, Witten appoints one member of the group; Butcher appoints another; and Tomblin appoints the third. The logic is that, since Tomblin appointed Kirkendoll as a state senator and is thought also to be on the “Kirkendoll” ticket, the Governor will appoint someone sympathetic with Witten to, effectively, overturn the will of the voters.
I, for one, don’t think that will happen. If whoever Tomblin picks can read and write, he or she will never be willing to override the will of the voters and declare Witten the winner. In the unlikely event it happens, Butcher’s appeal is to the state Supreme Court.
There is absolutely no logical way to say Witten won the election. It is horrid that Ojeda was beaten but that could not possibly be proven to have damaged Witten’s electoral fortunes.
For the sake of sanity, Witten should shake Butcher’s hand, admit defeat and move on.
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Rumors are rampant in Logan, by the way, that federal agents are looking into the Ojeda assault. Ojeda had asked for such a probe right after the incident, saying he wanted law enforcement unconnected with the Logan courthouse to examine the facts.
Gossip always centers on federal officials investigating various activities, so it is difficult to judge whether there is truth to the story. Federal agents and the U.S.. Attorney seldom share investigation information with the public or press for obvious reasons.
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This is also the same Judge Witten who ran advertisements questioning the Christian qualities of his opponent. Saying that Butcher “wears his religion on his sleeve,” Witten listed a dozen or more examples of how he (Witten) was living at the foot of the cross while Butcher strayed from the straight and narrow. It was an incredibly tasteless, possibly unethical ad for a circuit judge to run. Thank goodness, the voters saw through Witten and defeated him – Ojeda or not.
Turner, also known as a member of the “Kirkendoll” ticket, refuted basically everything Witten claimed in media interviews. Witten appears to have questioned the integrity of every Logan official in his filing and comments.
Another problem, though, is that this could drag on for months. Butcher has ten days to answer Witten’s filing, then there are 40 days for discovery, the taking of depositions, etc. So, we could reach August with Witten still hanging on and expecting the taxpayers to foot the bill for overturning their own decision.
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Kanawha County Commissioner David Hardy was against the ammunition plant announced for Eastern Kanawha County before he was for it before he became “concerned” about it. Nobody can blame any public official for welcoming jobs to this economically-depressed state. But, if one can believe anything in the Morning Sickcall, it appears there are more questions than answers about the ammo plant announced recently near Belle.
I initially reported that there were serious issues with the plant when it was proposed in a grand ceremony at Riverside High School. Questions about the plant and its ownership were known all over the Kanawha Valley. But Hardy and a few others gave a ringing endorsement to what could best be termed a Republican electoral plan. At center stage, GOP State Senate President and gubernatorial candidate Bill Cole could claim the project was a result of legislation the Republican legislature approved while House Speaker Tim Armstead echoed the same logic. It would be fascinating to know just what action by the legislature spurred this “development.”
The Gazette-Mail did report that a piece of legislation designed to help only the ammo plant with taxes was approved on the final day of the 2016 regular legislative session but vetoed by Tomblin. That type of favoritism does not speak well for conservative Republicans.
A common denominator in the proposed Belle plant and three failed others in two states is Daniel Pearlson. He was involved with a similar announcement in 2012 in Nevada and two others in Texas. Nothing came of any of the announced plants. Pearlson is now listed as CEO of the newly-formed Ranger Scientific, the G-M reported. They are planning what Pearlson apparently termed a $50 million “harmonically tuned” bullet plant in Eastern Kanawha County.
The Charleston paper added that Pearlson’s business partners include “a cast of characters worthy of a detective novel.” One of those is a self-proclaimed British Lord. You can’t make this stuff up, folks. Nobody in the ammunition business apparently has any idea what a “harmonically tuned” bullet is. One former legislator jokingly told me he thought it was a bullet that played harmonica music as it sailed toward its apparent target.
In addition to Cole and Armstead, officials such as Secretary of State Natalie Tennant, a Democrat, and Republican Congressman Evan Jenkins were present. Not on hand were Democrat Governor Earl Ray Tomblin, whose office is a short distance from Belle. Tomblin has traveled statewide to announce projects that would employ nowhere near the 400 Pearlson said his would have on the payroll. The actual congressman for the district, Republican Alex Mooney, was not present although he rarely appears publicly in the district. Jenkins, in fact, does not represent Kanawha County at all, so the only reasonable explanation for him being there was to show support for Cole.
Like Gilbert town officials when assistant police chief questions are asked, basically all the principles involved with the proposed Belle plant refused to talk to the Gazette-Mail. Pearlson initially told the paper he would be willing to schedule a phone interview, but never responded to follow-up messages and phone calls.
Rick Clay, a Campbells Creek native, is now chief operating officer of Ranger Scientific. He referred the paper’s questions to Pearlson.
Again, while it is clear that West Virginia desperately needs jobs, public officials have a larger duty to investigate dubious projects and at least tell the public of their findings. Tomblin’s staff said scheduling conflicts kept the Governor from the announcement, but that appears a bit strange after looking at his past attendance at such events.
Clearly, the Mountain State needs economic development. The addition of a 400-employee facility anywhere in the state would be good news. But sometimes, as they say, if it seems too good to be true …
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Your comments, story ideas, gossip and descriptions of how Richard Ojeda’s beating cost YOU an election are always welcome. Use my email listed or call my cell, 304-533-5185.