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Court sides with West Virginia TV station over records on top official’s firing

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Court sides with West Virginia TV station over records on top official’s firing


CHARLESTON, W.Va. (AP) — A termination letter involving a former top official at the now-defunct agency that ran West Virginia’s foster care and substance use support services is public information, a state appeals court ruled this week, siding with the television station that was denied the letter.

The public interest in the firing of former Department of Health and Human Resources Deputy Secretary Jeremiah Samples — who was the second-highest-ranking official in the state’s largest agency — outweighs concerns about privacy violations, West Virginia Intermediate Court of Appeals Chief Judge Thomas E. Scarr said.

“Public employees have reduced privacy interests in records relating to their performance—especially when the records relate to the conduct of high-ranking officials,” he wrote in a Thursday decision, reversing a Kanawha County Circuit Court decision from last year.

The appeals court judges demanded that the lower court direct the department to release the letter penned by former health and human resources Secretary Bill Crouch to Huntington-based television station WSAZ.

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Crouch fired Samples in April 2022 while the department’s operations were under intense scrutiny. Lawmakers last year voted to disassemble the Health and Human Resources Department and split it into three separate agencies after repeated concerns about a lack of transparency involving abuse and neglect cases. Crouch later retired in December 2022.

After he was fired, Samples released a statement claiming the agency had struggled to “make, and even lost, progress in many critical areas.”

Specifically, he noted that child welfare, substance use disorder, protection of the vulnerable, management of state health facilities and other department responsibilities “have simply not met anyone’s expectation, especially my own.” He also alluded to differences with Secretary Crouch regarding these problems.

WSAZ submitted a public records request seeking information regarding the resignation or termination of Samples, as well as email correspondence between Samples and Crouch.

The request was denied, and the station took the state to court.

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State lawyers argued releasing the letter constituted an invasion of privacy and that it was protected from public disclosure under an exemption to the state open records law.

The circuit court sided with the state regarding the termination letter, but ruled that the department provide WSAZ with other requested emails and records. While fulfilling that demand, the department inadvertently included an unredacted copy of an unsigned draft of the termination letter.

In this draft letter, Secretary Crouch sharply criticized Samples’ performance and said his failure to communicate with Crouch “is misconduct and insubordination which prevents, or at the very least, delays the Department in fulfilling its mission.”

He accuses Samples of actively opposing Crouch’s policy decisions and of trying to “circumvent those policy decisions by pushing” his own “agenda,” allegedly causing departmental “confusion” and resulting in “a slowdown in getting things accomplished” in the department.

The agency tried to prevent WSAZ from publishing the draft letter, but in August 2023, the court ruled it was WSAZ’s First Amendment right to publish it once it was sent to the station. Samples told WSAZ at the time that he supports transparency, but that the draft letter contains “many falsehoods” about him and his work.

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In this week’s opinion, the appeals court judges said the fact that the draft letter was released only heightened the station’s argument for the final letter.

The purpose of the privacy exemption to the Freedom of Information Act is to protect individuals from “the injury and embarrassment that can result from the unnecessary disclosure of personal information,” Scarr wrote.

“The conduct of public officials while performing their public duties was not the sort of information meant to be protected by FOIA,” he said, adding later: “It makes sense that FOIA should protect an employee’s personal information, but not information related to job function.”



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West Virginia

West Virginia white couple alleged to have kept five adopted black children ‘locked in barn and used as slaves’

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West Virginia white couple alleged to have kept five adopted black children ‘locked in barn and used as slaves’


A white couple from West Virginia have been accused of child neglect after allegedly forcing their adopted black children to work as ‘slaves’ and locking them in a barn.

Donald Ray Lantz, 63, and Jeanne Kay Whitefeather, 62, pleaded not guilty at Kanawha County court on Tuesday to multiple charges, including human trafficking of a minor child, use of a minor child in forced labour, and child neglect creating substantial risk of serious bodily injury or death, according to local news outlet Metro News.

They also face allegations of human rights violations, over specifically targeting black children and forcing them to work because of their race, Metro News said.

Kanawha County circuit Judge Maryclaire Akers claimed that the children were “used basically as slaves”, citing what the indictment alleges.

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The couple were first arrested in October 2023 after a wellness check led to the discovery of two of the couple’s five adopted children – aged six, nine, 11, 14 and 16 – living in inhumane conditions at a property in Sissonville.

In a previous statement made to the court, Whitefeather alleged that the barn where the 14 and 16-year-old were found in was a “teenage clubhouse” and denied that they were locked in.

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A nine-year-old girl was found inside the main house before Lantz came home with an 11-year-old boy and later, Whitefeather returned with a six-year-old.

Their bail has been set at $500,000 each, up from the previous amount of $200,000.

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A trial date for the couple has been set for 9 September.



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July hearing set for senator’s challenge of election results • West Virginia Watch

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July hearing set for senator’s challenge of election results • West Virginia Watch


A hearing has been scheduled in the case of a West Virginia senator challenging the results of the primary election, which he lost.

Sen. Chandler Swope, R-Mercer, filed a challenge to the election results in seven Mingo County precincts after losing the Republican primary to opponent Craig Hart. 

The hearing will be at 9 a.m. July 18 at the Mingo County Courthouse.

In a notice filed earlier this month, Swope said he intends to challenge all votes cast in seven precincts in Mingo County. He requested to examine poll books across the county and reserves the right to amend the challenge to include additional precincts if irregularities are found. 

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According to the West Virginia Secretary of State’s Office, Hart won 75% or 2,152 votes in Mingo County, while Swope captured 364 and former state Del. Eric Porterfield had 344. 

In total, Hart won the election with 4,847 votes amounting to about 40%, while Swope had 4,384 votes, or approximately 37%. Porterfield had 2,633 or 22% of the votes. 

Swope’s challenge includes four affidavits and an unsworn letter from Mingo County voters alleging irregularities with the primary election. 

Based on the voter accounts and a Republican turnout of more than 70% percent in 12 of 28 precincts, compared with an approximately 47% Republican turnout for the county during the 2020 primary, Swope’s challenge says it appears many Mingo County voters were improperly given a choice about which primary they wanted to participate in, rather than being given the ballot of their respective party registration. 

“These issues span multiple precincts, and in all likelihood, explain the unusually high number of Republican ballots submitted,” Swope’s challenge said. 

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In a joint motion, Swope and Hart requested a procedural hearing around July 1 to discuss procedural issues ahead of the July 18 hearing. They noted that both have filed Freedom of Information Act requests with the Mingo County Clerk’s Office.

Anthony Majestro, a Charleston attorney representing Hart, said the Mingo commission has agreed to allow them to review the poll books Friday to see if it’s mathematically possible for Swope to win the election in the challenged precincts.

Majestro said Swope’s challenge of specific precincts raises issues of disenfranchising people who correctly voted and possibly affecting other races. Swope’s argument about the high percentage of Republican votes cast in the primary is misleading, Majestro said, because it does not take into account independent voters, the number of which have increased in the past few years as the number of registered Democrats has declined. 

According to the West Virginia Secretary of State’s office, in April 2020, Mingo County had 3,291 registered Republicans, 12,691 registered Democrats and 1,987 independent voters. As of April 2024, the county has 5113 registered Republicans, 7,202 Democrats and 2,295 independent voters. 

“It shouldn’t surprise anybody that the independents are voting in the Republican primary rather than the Democratic primary, because there were no contested races in the Democratic primary …no local races contested,” Majestro said. 

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Swope was one of four West Virginia senators to lose seats during the primary election last month. 

Mingo County Commission President Nathan Brown did not immediately return a call seeking comment. 

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WVSports – West Virginia recruiting rundown examining remaining 2025 targets

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WVSports  –  West Virginia recruiting rundown examining remaining 2025 targets


West Virginia has put together a significant chunk of the 2025 recruiting class at this stage, but who are some of the key targets remaining on the board?

The Mountaineers are now up to 19 total commitments in the current cycle but are still looking to add a number of key pieces across the board at the various spots.

In terms of offense, West Virginia is currently full at the quarterback and running back spots but still is searching for at least one more wide receiver, if not two to round things out.

Coconut Creek (Fla.) Monarch 2025 wide receiver Samari Reed is right at the top of the board for the Mountaineers. The Rivals.com four-star prospect has taken official visits to West Virginia, Clemson, Kentucky and Penn State with the Mountaineers certainly impressing him.

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“West Virginia was nothing like I planned it to be at all. The things that stood out were the people. They showed a bunch of love,” he said.

Along with Reed, the Mountaineers also are in the mix for Drexel Hill (Pa.) Monsignor Bonner 2025 wide receiver Jalil Hall who took an official visit to campus May 31-June 2. Hall also has visited Maryland and is expected to make his commitment on June 29.

The Mountaineers have one tight end in the fold, but there is the possibility that the program could look at another depending on if it’s the right fit. Columbia (S.C.) Hammond School 2025 tight end Mike Tyler would be right at the top of that list for the Mountaineers.

West Virginia has three offensive linemen in the fold but is still searching for another offensive tackle body type and one that is coming off an official visit to Morgantown is Bronx (N.Y.) Cardinal Hayes offensive lineman Jayden Mann. He also has taken visits to Syracuse, Georgia Tech, and Rutgers.

On the defensive line, West Virginia is still expected to take two to three more with some of the key options on the board remaining Cleveland Heights (Oh.) 2025 defensive lineman Brandon Caesar, Owings Mills (Md.) McDonogh 2025 defensive end Elijah Crawford and Huntingtown (Md.) 2025 defensive lineman Evan Powell. Each of those has taken an official visit to West Virginia and is expected to make decisions in the coming weeks.

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West Virginia will likely take one more inside linebacker in this cycle with some of the key targets remaining being West Chester (Oh.) Lakota West 2025 linebacker Grant Beerman and Seffner (Fla.) Armwood 2025 linebacker Cameron White.

Beerman also took official visits to Cincinnati, Purdue and Michigan State and is expected to make his commitment in the coming weeks. Meanwhile White also visited UCF, Syracuse, North Carolina State and Louisville outside his stop in Morgantown.

Even with one true outside linebacker in the class, West Virginia is still targeting Towson (Md.) Concordia Prep 2025 outside linebacker Sidney Stewart. He has taken official visits to Boston College, Virginia Tech, Indiana and Maryland outside his stop at West Virginia.

As for the rest of the secondary, West Virginia has filled many of their needs but some targets remain out there such as Columbus (Oh.) Marion Franklin 2025 cornerback Dawayne Galloway and Cincinnati (Oh.) Winton Woods 2025 athlete Seaonta Stewart after both took official visits this summer. Both list the Mountaineers on their short list of options.



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