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(Continuing the Hinton Daily News & The Weekend Leader)
of "W. Va. Water Festival"
Volume 113 No. 57
Hinton, West Virginia Tuesday June 14, 2016
50 Cents
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By Fred Long
The state's ProsecutingAttorneys
Institute has recommended the
appointment of a Mercer County
prosecutor to investigate a political
fund-raising activity conducted last
March by Prosecuting Attorney
candidate Kristin Cook.
Former county prosecutor James
McNee~y called for the investigation
and the appointment of a special
prosecutor last month in a petition
before Circuit Judge Robert Irons.
McNeely asked for the appointment
because Cook is presently employed
as Assistant County Prosecutor and
it would be a "conflict of interest"
for the county prosecutor. Cook
is the Republican candidate for
Prosecuting Attorney.
Philip W. Morrison, II, Executive
Director of the West Virginia
Prosecuting Attorneys Institute,
said his office recommended
Mercer County Prosecutor, Scott
Ash, to conduct the investigation.
:"We received the request June
~: :i 1," he said, "and on June 2" made
Ms. Cook's treasurer, but instead
with Ms. Cook personally."
McNeely said Cook did not file a
financial report, although her filing
fee of $983.66 is listed as In in-kind
contribution to her campaign on the
Committee's report from someone,
along with an in-kind contribution
of $500 from REACHH and her
$159 post office box fee. Her finance
committee registered with the
county on Jan. 21, he said.
In another document, he writes:
'~rhe remarkable feature of the
[bean dinner] event was that
while it is common for charitable
organizations to have fund-raisers
during political campaigns which
any candidate may attend, this was
a campaign event sponsored and
hosted by a specific candidate with
the publicly-announced purpose
of raising funds for certain named
charitable organizations."
According to the IRS Code
governing 501(c)(3) tax-exempt
organizations, such organizations
are prohibited from directly or
the recommendation. "We did it indirectly participating in any
overnight, but it's not official until political campaign on behalf of any
the judge signs the order." [one] candidate.
Scott Ash was not available "Since REACHH is a well known
for comment, but his secretary and respected organization that
said he did not discuss pending serves a number of useful, positive
investigations. She did not know if roles in the Summers County
he was aware of the appointment area," he writes, "such association
or not. would benefit the campaign both by
m
inquiry" is needed to determine
"exactly" the "nature of that
event."
It was first publicized as a bean
and bingo and later as a bean and
raffle and still later as a bean
dinner only, although her Facebook
page says "we are going to give
away door prizes for those whose
winning tickets are drawn from a
hat..." The drawing for door prizes
is also mentioned in a March 18
news release citing awards such as
anonymous manner."
Another matter of concern,
McNeely says, is a $800 cash
contribution made on Jan. 11,
"which amount is substantially
more than the law allows for
cash contributions," which is $50.
A second donation of $140 was
accepted on March 3. Still later
all but $50 was returned to the
donator.
"Although it would, of course,
require a formal fact-finding
Ivan Dennings Cales, formerly of
Sandstone, was sentenced to life in
prison for the first-degree murder in
the death of a New Mexico woman
whose body was discovered by
hikers on Christmas Day in 2014.
Eighth Judicial District Court
Judge Sarah Backus also added
three years to the life sentence for
Cales, known as ~ drifter in the
Taos area and also dubbed a "witch
hunter," for conviction on two
counts of tampering with evidence
in the case.
During a weeklong trial for
Cales, prosecutors argued that he
killed 33-year-old Roxanne Houston
because he thought she was a witch
a "crock pot, baking dishes, spring inquiry as to the matter, it does
wreaths, and gift cards/certificates,"
he says.
"If the prizes were purchased,"
he asks, "why is there not an
expenditure noted? If the prizes
were donated, why is there no
listing of in-kind contributions?
And if some of the prizes came from
corporations, is that potentially
problematic?"
McNeely also questions the
placement of Cook's political
campaign logo on a REACHH
T-shirt that does not disclose the
person or party paying for the ad.
"On the face," McNeely states,
"the anonymous Cookadvertisement
on the REACHH T-shirt appears
to be a corporate donation of the
$500 ad by REACHH to Kristin
Cook... The anonymous Cook ad on
the REACHH T-shirt is therefore
a matter that requires further
who had cast a spell on him.
appear from the record that there Houston had been missing for
may have been misdemeanor about six months before hikers
violationsoftheprovisionsofW.Va, found her burned remains in a
Code §3-8-5d(a) in the making and shallow grave in the Two Peaks
receiving of those excessive cash area. She had moved to the Taos
contributions," McNeely says. The area from Colorado about a year
penalty, upon conviction, is a fine before her disappearan¢e.
"equal to three times the amount of Cales was charged in connection
the contribution," McNeely notes in with Houston's death in February
his court filing. 2015. Authorities believed he
"the purpose of the Petition," had fled the area long before her
McNeely says in papers filed with remains were unearthed, but police
the petition, "arad all supporting found him that month at the St.
documents is n~)t to allege any Elizabeth Shelter in Santa Fe,
violation of law by any person. The living under a different name.
information available to Petitioner Cales, 51, had briefly lived in
as a private citizen is far too a home west of the Rio Grande
limited and incomplete to do more
than make observations based on
information available to the public
and suggest lines of inquiry that
might lead to findings that there
may have been violations of statutes.
Gorge Bridge that Houston shared
with two other men -- a boyfriend
and a former lover who had raised
her when she was a child and
also fathered two of her children.
Witnesses who testified at Cales'
trial said the home Houston shared
with the men was sometimes
tumultuous. One witness said
Houston's memorial ser~.ice was a
"New Age, mystic, pagan service."
Thomas Clark, Cales' attorney,
described the relationship between
Houston and the men as a love
triangle and said the other men
had more motivation to kill her
than his client, described by Taos
County sheriffs officials as a drifter
from West Virginia.
Clark called the allegations of
witchcraft "nonsense."
Two witnesses testified that
Cales had spoken about killing
witches. One was inmate Raymond
Martinez, who had shared a cell
with Cales.
Another was Michael Thebo,
Cales' landlord. He said Cales
had told him if a Wiccan ever cast
a spell on him, he would have to
kill the witch. A map of the Two
Peaks area that Thebo said he had
found in Cales' residence months
after Houston's disappearance was
marked with an X nero the spot
where her remains were found.
Community Meeting Concerning
Closure of Greenbrier Valley
Rural Volunteer Fire Dept
eMd~ithltY~ in:, "formal inquiry" encouraging attendance at the Cook inquiry in order to ascertain what The Petition instead sought a Hinton- The Summers County and the
fil " e ,,~,ce ozthe Secretary campaign event as well as creating payment, if any, was made for the formal inquiry by appointment of Commission has announced theSummers County Fire Service
of State on April 6, and, on that the appearance that REACHH was said T-shirt ad, who made anya Special Prosecutor, and with the schedule for a community meeting Board will be in attendance to help
date, hand delivered to County 'partnering' with the Cook political payment as well as the methodapparent pending appointment of
Prosecutor AmyMann, is seekingan campaign." and record of payment, and why a Special Prosecutor,,that purpose concerning the recent closureanswer any question related to this
investigation surrounding a fund- The total revenue for the bean the political ad appeared in an will be accomplished, of the Greenbrier Valley Rural closure and the formation of a new
Volunteer Fire Department in volunteer fire department to serve
raising activity sponsored by Cook dinner was $470.62, according to
at the Forest Hill fire department the finance report, but the report Talcott, West Virginia by the West the Talcott Fire District.
2 | st An| JveFsa Virginia State Fire Commission. All residentsoftheareasserved
on March 5, and related financial doeth t make it clear if this is gross The meeting will be held at the by the Greenbrier Valley Rural
expenditures, proceeds or net proceeds, McNeely Talcott Elementary School, located Volunteer Fire Department a:'e
It is not known if the Secretary said in his court papers; however, in Talcott, West Virginia on urged to attend this very important
of State's office is conducting an her news release on March 18, Saturday, June 18, 2016 at 6:00 meeting. Any questions concerning
investigation, or if the letter was says thefiredept, and REACHH John Days
accepted as a complaint, each received $320.31 for a tot,al ' P.M. Member of the Summers this meeting should be directed to
County Commission, Summers- the Summers County Commission
According to the many papers of $640.62 while the committees County Firefighters Association at 304-466-~100
filed withMcNeely's petition, a bean finance report says, REACHH
dinner, sponsored by Cook, sought received $295.31, and the fire
donations of $10 for tickets to the department $175.31, along with a JULY 8, 9 & 10, 2016 - TALCOTT, WV
dinner and several door prizes to payment of $100 to the Forest Hill
participants. All proceeds from the Volunteer Fire Department for the 7"00 - 10"00 p m L I V E
SCHEDULE OF EVENTS " ". " • ,,
fund-raiser would be split between 'use of building facilities," making BAND at the tunnel featuring
REACHH-FRC, Inc. and the Forest a total of $570.62. FRIDAY, JULY 8 Wayne Taylor and Appaloosa".
HiUVo]unteer Fire Dept., Inc., both And while it is not clear who7:00-10:00 p.m. LEE BAND at All entertainment is free.
a 501(c)(3). But the event, McNeely collected the donations, or the total the tunnel featuring Seth Bunting Do "
natmns are accepted.
complained, is characterized as amount actually collected, it is with Bobby & Teddi Cyrus". Bring a lawn chair. Music
the "Forest Hill Volunteer Fire clear that Ms. Cook made political Entertainment is free - donations spo.nsored by Ramey Motors, Inc. of
Depart./REACHH Bean Dinner" contributions to both charitable accepted. Bring a lawn chmr. Princeton, City National Bank and
as a source of "other income" (a organizations following the bean Music sponsored by Summers First National Bank. Pie eating
$470.62 campaign donation) and dinner. Nursing & Rehab Center, Hilldale contest for kids (12 & under) during
not as a fund-raiser on page 4 of the "Contributions," McNeely says, and John Henry Days. Cake Walks intermission.
financial report prepared by her "to such a charitable organization during intermission. 10:00 p.m. F I R E W O R K S
campaign finance committee where is permitted out of excess campaign SATURDAY, JULY 9 following the band. Fireworks
"such events must be reported." funds after the general election, 7:30 - 10:00 a.m. sponsored by John Henry Days.
Since the report doesn't list such a contribution to a charitable BREAKFAST at Trinity Methodist SUNDAY, JULY 10 2016 SCHS Graduate Competes in
the individuals making the $10
donation and lumps the entire
revenue as a funding source from the
fire department and REACHH, the
court documents filed by McNeely
infer that REACHH, the fire dept.,
or both collected the money. "It
would have been a simple matter
to have a sign-in sheet to file with
the report," he says. "But the Cook
Campaign failed to note the names
of every donor, would nnt all such
donations/admission fees constitute
anonymous donations that have to
be turned over to the State (per the
instructions on the top of page 4)?"
"I note," he says, "first of all that
at no point of which I am aware
did the name of the Committee to
Elect Kristin Cook For Prosecuting
Attorney 2016 appear in any of
the notices or articles regarding
the event. I therefore suggest that
the March 5, 2016, event was not
an activity of the Committee, but
was instead a personal campaign
activity by Ms. Cook for which
she should have filed a campaign
finance "report. I make this point
because I believe that if there was
any impropriety as to that event
that the responsibility lies not with
organization does not appear to be
listed as a lawful election expense
in the provisions of W.Va. Code §3-
8-9."
The report doesn't show the
cost of the food or the door prizes,
whether they were donated or
purchased by Cook or one of the
non-profits: '°the Cook Committee
obviously understands that the cost
of food served as part of a political
campaign must be reported, since
it reports cookies as an in-kind
contribution on three occasions," he
writes.
"As to the question of the
food," he writes, it's whether the
"provisions of W.Va. Code §3-8-
9(a) allow candidates to expend
campaign funds at a campaign
event on providing full dinners to
the public upon payment of a fee.
While it might seem intuitive that a
candidate could do so, the nature of
that section is that an expenditure
is not permitted unless listed in
the statute. In fact, the provision
of food to the public does not seem
to appear in the section. That is,
however, a matter for statutory
interpretation..."
He maintains that a "formal
Church basement
8:00 a.m. 4 MILE RUN. Begins
at Talcott Bridge. Registration will
begin at 7:00 am. Sponsored by
Forest Hill Family Practice - Dr.
James Blume and Active Southern
West Virginia www.activeswv.org
8:05 a.m. I MILE FUN
WALK. Begins at Talcott Bridge.
Registration will begin at 7:00 am.
9:00 a.m. WV CRAFT &
FOOD vendors all throughout
Talcott
11:00 a.m. GRAND PARADE.
Martha Rookstool will be the Grand
Marshal. Trophies will be awarded
in front of the Post Office at 1:00
p.m. Theme - "Memories Are Made
in Talcott"
ALL DAY RUBBER DUCK
TICKETS, Tee Shirts, etc. for sale
at John Henry Museum & Gift
Shop in Talcott.
Hill Billy Fun Inflatable's -
There will be a admission charge.
12 Noon Lunch will be
available at the Fire Dept.
1:00 p.m. John Wyatt,
Appalachian Folk Singer at
Museum
5:00 - 7:00 p.m. DJ - Ron Gore,
Jr. Outlaw Corn Hole Tournament
9:30 a.m. CHURCH SERVICES
with Rev. Tim Halloran as the
speaker at the Great Bend Tunnel.
Bring a lawn chair.
In case of rain, church service
will be held at Trinity Methodist
Church.
11:00 a.m. CRAFT AND
FOOD vendor sales in Talcott
11:00 a.m. Lunch will be
available at the Fire Dept.
12-4:00 p.m. CAR SHOV].
Registration will begin at 11:00 am.
Live Music. Dash plaques for first
75 cars.
4:00 p.m. RUBBER DUCK
RACE at the Talcott Bridge Boat
Launch.
NO ALCOHOLIC
BEVERAGES ALLOWED
JOIN US NEXT YEAR - JULY
7, 8 & 9, 2017
This year we dedicate John
Henry Days in memory of Lavohn
"Raggs" Biggers
Schedule of events sponsored by:
J.L. Massie Insurance Agency, Inc.
Hinton, WV
R.T. Rogers Oil Co., Inc. Hinton,
WV www.johnhenryhistoricalpark.
corn
North-South All-Star Games two Both
The North-South Basketball
and Football All-Star games will be
held this weekend in Charleston.
The basketball game is
Friday night June 17 at the
South Charleston Recreation
Center. Skills Competitions begin
at 6:00 pm ~nd the tipoff is at 7:30
pm.
The
game is at 7:30 pm on Saturday
night June 18 at Laidley Field
in Charleston. Summers County
High School will be represented by
three sport All-State athlete Matt
Ryan. Ryan will compete in both'
the basketball and football games
this weekend He is in football
camp this week at WVSU training
North-South Football with the South team.
Carbon Tax Isn't the Answer
House approves resolution
rejecting carbon tax
A carbon tax would raise energy
prices on West Virginia's families
and put jobs in jeopardy, U.S.
Representative Evan Jenkins (R-W.
Va.) said on the House floor.
"According to the nonpartisan
Congressional Budget Office, a
carbon tax would hurt our economy,
it would raise prices, and diminish
people's purchasing power.
It would reduce the number of
hours people worked, resulting
in lost wages. It would also
disproportionately hurt low-income
families and raise energy prices for
seniors and for families," he said.
'~Vest Virginia already has one
of the highest unemployment rates
in the nation.
What we need are policies
that create more jobs, encourage
companies to expand and hire,
diversify our economy, and reinvest
in our people."
The House voted today to pass
H. Con. Res. 89, a resolution
disapproving of a carbon tax. The
resolution passed 237=163.