by Ron Gregory
CHARLESTON — The trial of the alleged assailant in a physical attack on now-State Senator Richard Ojeda will apparently see a new defense attorney as it moves from Logan to Kanawha County.
Former State Senator John Mitchell, Jr. filed paperwork today to assume direction of Jonathan Porter’s defense. Porter, 41, is charged with being involved in the alleged beating of Ojeda just days before the May Democrat primary election. Charges against Porter say he attacked the freshman Senator, then a candidate for the office, at a political gathering in Logan County.
Both Logan Circuit Judges recused themselves from the case and Kanawha Judge Louis “Duke” Bloom was named as the special judge for the matter. Originally, Bloom intended to try the case in Logan County. Jury selection, however, apparently proved difficult and the case has now been moved to Charleston where jury selection will begin in April.
Mitchell is substituting as counsel for Mark Hobbs, who was originally the court-appointed lawyer for Porter. The case is being prosecuted by Logan Prosecuting Attorney John Bennett.
Mitchell, who has been involved in several high-profile cases, is recognized as a top defense lawyer, according to courthouse sources.
Porter is charged with malicious assault, felonious destruction of property and attempt to commit a felony in regard to the alleged incident. Sources said Hobbs moved for the change of venue after it became “apparent they could not impanel a jury in Logan that did not already have their minds made up” about the incident.
Jury selection in Kanawha will begin April 11 with Bloom presiding. The Kanawha Judge is known for moving quickly on criminal cases, so the actual trial is expected to begin shortly after a jury is selected.
The alleged incident became national news when Ojeda handled media interviews from his hospital bed in the days leading up to the election. He subsequently defeated his opponent, then-State Senator Art Kirkendoll, in the election although Kirkendoll led in balloting that occurred before the alleged attack. Ojeda and his supporters insinuated that Kirkendoll or his friends might have been involved in the fight “for political purposes.”
Ojeda’s wife, Kelly, told media outlets that her husband had suffered a stroke days before the incident at the gathering. She said Porter likely attacked her husband’s head because he knew about the stroke and trauma caused by it. Although the Senator has adamantly refused to discuss the stroke, his wife confirmed that it did occur in a private Facebook message to this newspaper this week.
Ojeda initially claimed Porter asked him (Ojeda) to place bumper stickers on his vehicle on a nearby parking lot. He claimed that Porter attacked him, possibly with “brass knucks,” as he was kneeling to put the second sticker in place. State Police Trooper Z. Holden said no knuckles were found and Porter supporters say the trooper will not confirm any evidence of Ojeda being hit with metal knuckles.
According to media outlets, Porter has refused to respond to law enforcement questions but does maintain he is “not guilty.”
Porter managed to escape the scene, running over two all-terrain vehicles on his way off the lot. He reportedly held out in a wooded area before eventually turning himself in six hours later. He was initially held on $75,000 bond which was later reduced to $25,000 surety. After the reduction, Porter made bail and has been free since.
Ojeda, who went on to defeat his Republican opponent in the November general election, is a retired Army Major.
“I have faced the Taliban and I have faced Al Queda,” he told the press at the time of the incident. “I’m not going to come back here and have fear of people who are not as educated as me. They are not as strong-willed as I am.”
Ojeda has also filed a civil lawsuit against Porter. Former Kanawha County Prosecutor Mike Clifford is representing Ojeda.
The Senator has refused to numerous questions posed to him by the Chronicle. He insisted that he is not subject to a Freedom of Information Act (FOIA) request, citing his role as a “private citizen.” The paper FOIA’d an alleged “press release” placed on social media by an Ojeda confidante and labeled as a “response” to the Chronicle editor’s “blog.” Despite the “press release” being headed by a caption, “State Senator Richard Ojeda,” the senator apparently believes he can refuse to produce the document because it did not go through the office of Senate Clerk Clark Barnes.
The Chronicle has said it will go to circuit court to enforce the FOIA after the current legislative session ends.