ACLU Sues W.Va. Parole Board, Seeks Denial Decision Records

The American Civil Liberties Union of West Virginia is suing the state Parole Board to obtain records regarding its denial of parole to an HIV-positive inmate.

The lawsuit says the board hasn’t responded to the ACLU’s Freedom of Information Act request for the information.

The Charleston Gazette-Mail reports that ACLU attorney Jamie Lynn Crofts filed the lawsuit last week in Kanawha County Circuit Court.

Department of Military Affairs and Public Safety spokesman Lawrence Messina declined to comment to the newspaper on the pending litigation.

The newspaper says the lawsuit identifies the inmate only as John Doe, who believes he was denied parole because he is HIV-positive.

Companies Ask Boone Judget to Keep Suit's Pill Records Sealed

Eleven pharmaceutical drug distributors have asked a judge to deny the state’s request to unseal a court filing containing information about their shipments to West Virginia pharmacies.

The companies are being sued in Boone County Circuit Court by the Department of Health and Human Resources and the Department of Military Affairs and Public Safety. The lawsuit alleges that the companies shipped excessive amounts of prescription painkillers to southern West Virginia pharmacies.

The Charleston Gazette reports that the companies asked the judge last week to keep the drug shipment information sealed. They say the information is confidential.

The state argues that the records are in the public’s interest.

The records are contained in a revision of the lawsuit, which originally was filed in 2012 by former Attorney General Darrell McGraw.

Five Things to Know About the Fayette Co. Train Derailment

On Monday, a 109-car CSX train derailed along the Fayette-Kanawha county line, causing crude oil to spill into the Kanawha River, giant fireballs to stretch hundreds of feet into the air and one home to catch fire.

Governor Earl Ray Tomblin has placed Fayette and Kanawha counties under a state of emergency as emergency officials continue to respond.

Here are five things to know about Monday’s derailment: 

1. The train was hauling Bakkan crude oil from North Dakota, which is considered dangerous by federal regulators.

According to a January 2014 report from Bloomberg Business, the federal Pipeline and Hazardous Materials Safety Administration said crude oil produced in this region may be more flammable and dangerous to ship by rail than that of other regions. The agency came to that conclusion after a four-month study. 

2. Water sources continue to be limited for those in the affected area and testing has begun.

Updated Tuesday, February 18, 2015 at 12:00 p.m.

Both intakes are now reopened. Water samples have showed no trace of crude oil.

From the original post: West Virginia American Water initially closed two intakes, one in Montgomery and another further downstream in Cedar Grove. State Department of Military Affairs and Public Safety spokesman Lawrence Messina said the Montgomery treatment plant, which remains shut down, still had water in its reserves as of 10 p.m. and the Cedar Grove intake has been reopened. The Cedar Grove treatment plant continues to monitor approaching water for signs of crude oil from the derailment. 

Members of the West Virginia National Guard’s 35th Civil Support Team have begun drawing samples to test for the spilled crude oil. Personnel from the West Virginia Department of Environmental Protection are on site assisting in gauging the potential threat to the area’s water. 

West Virginia American Water, with help from the West Virginia Department of Transportation, is providing two 8,000 gallon tankers to supply Montgomery General Hospital and a nearby long-term care facility. The water company is also providing potable water for customers serviced by the Montgomery intake. 

3. Shelters are being established for those in the affected area.

While local responders had estimated that as many as 1,000 area residents might be affected, only 85 were in local shelters late Monday evening, according to the news release from the state Department of Military Affairs and Public Safety.

Nonetheless, shelters for those who had been evacuated are open and CSX has established a community outreach center.

4. West Virginia officials refused to release oil train shipment data last year.

In October 2014, Ken Ward of the Charleston Gazette reported that state officials refused to release information provided by CSX regarding the company’s shipment of crude oil through West Virginia.  Department of Homeland Security and Emergency Management director Jimmy Gionato said information, requested by Ward and the Gazette via a Freedom of Information Act request, contained “trade secrets or confidential locations” that would be exempt from public disclosure. Oil shipment data is required to be filed with state emergency response agencies, as per the Obama Administration. 

5. Many questions about the incident remain unanswered.

CSX says the amount of crude oil that spilled into the river is currently unknown. The company also says the cause of the derailment is under investigation.

State public safety spokesperson Lawrence Messina says that initial reports of one or more train cars winding up in the river does not appear to be the case.

Anthony Carrico Named W.Va. Fire Marshal

Anthony Carrico has been appointed as West Virginia’s state fire marshal.

The West Virginia Fire Commission selected Carrico to succeed Sterling Lewis Jr. on Monday at a meeting in Flatwoods.

Carrico has been serving as acting state fire marshal since Lewis retired in April 2013. His appointment to the permanent position is effective Oct. 16.

The 46-year-old Boone County resident joined the State Fire Marshal’s Office in 1992.

The Department of Military Affairs and Public Safety announced Carrico’s appointment in a news release.

Tomblin Fills Three Military, Public Affairs Posts

  Gov. Earl Ray Tomblin has made three appointments at the Department of Military Affairs and Public Safety, including naming Stephanie Bond the director of the Division of Juvenile Services.

Bond has been serving as the division’s acting director since February 2013. Previously, she was the superintendent of the Kenneth “Honey” Rubenstein Juvenile Center in Davis.

The department’s deputy secretary will become director of the Division of Justice and Community Services. Rick Staton will replace retired director Norbert Federspiel. Staton has been the department’s deputy secretary since March 2013.

Division of Corrections Commissioner Jim Rubenstein will serve a dual role by taking over Staton’s current job.

Rubenstein has served more than three decades in corrections. He was named commissioner in 2001.

All appointments take effect July 1.

W.Va. Inmate Dies After Altercation at Jail

  West Virginia State Police are investigating the death of a Southern Regional Jail inmate following an altercation with another prisoner.

Department of Military Affairs and Public Safety spokesman Lawrence Messina says 51-year-old Carlos McMillion died Tuesday at a Charleston hospital.

Messina says an altercation between McMillion and 21-year-old Geremy Austin West occurred at the jail on Saturday.

McMillion was being held at the jail on first-degree robbery charges from Raleigh County. West is being held on a bond revocation for pending burglary, grand larceny and conspiracy charges from Mercer County.

Other details weren’t immediately available.

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