Second W.Va. Corrections Officer Tests Positive For Coronavirus

A second employee working for the West Virginia Division of Corrections and Rehabilitation has tested positive for the coronavirus, this time in Randolph County. 

The individual is a part-time officer at the Huttonsville Correctional Facility, according to a statement Monday afternoon from the Department of Military Affairs and Public Safety, which oversees the Division of Corrections. 

DMAPS said the officer was tested on Friday, May 15, after working less than four hours on Thursday. The results came back over the weekend. 

The officer likely had “minimal contact” with those incarcerated at Huttonsville and other employees, DMAPS said. During his last shift, he supervised three people in the facility’s recreation yard, “from a distance and while wearing a mask his entire shift.”

Those three incarcerated people, and the rest of the people in their 44-bed dormitory, are all in quarantine, according to DMAPS. 

The first positive case DMAPS reported was an officer in South Central Regional Jail in Charleston on April 24. The department said that officer has recovered and is back at work.

A correctional officer at a federally-run center in McDowell County recently tested positive, according to news from the U.S. Bureau of Prisons on Friday. At least five prisoners at the Federal Correctional Institution in Gilmer County also have tested positive, after the federal agency  transferred 124 people from outside West Virginia to state facilities on April 28.

Emily Allen is a Report for America corps member.

W.Va. Corrections Division Admits Error Led To Political Attack Ad

CHARLESTON, W.Va. (AP) — It was a textbook campaign ad, red meat for a tough race — a killer freed, a governor to blame and his Republican challenger promising to keep everyone safe.

But just hours after it aired, West Virginia corrections officials disputed the facts behind gubernatorial hopeful Woody Thrasher’s latest attack on Gov. Jim Justice, and admitted they’re responsible for the error.

The ad debuted Monday morning, criticizing Justice for releasing a convicted murderer as part of a deal to parole dozens of inmates during the coronavirus pandemic.

“Justice didn’t even check on who he let out,” Thrasher said in the advertisement, which was based on information from a Freedom of Information Act request filed with the state.

By Monday afternoon, the state corrections department said it had mistakenly listed the man among those released under the deal. Instead, the agency said he was actually let out for unrelated reasons, after doing his time and then serving 60 days for an alleged probation violation.

Thrasher has been highly critical of the Republican governor in the lead up to the June 9 primary election. He previously was Justice’s commerce secretary but resigned after numerous complaints about poor management of a program he oversaw, to provide housing assistance for victims of a devastating flood in 2016.

The parolee, 35-year-old Michael David Day, was convicted of killing a homeless Vietnam veteran when he was teenager. He was sentenced to life in prison but was paroled in 2017 after a U.S. Supreme Court decision ruled it unconstitutional for juveniles to receive mandatory life sentences. Day was jailed again in January on an alleged probation violation and released March 27.

The headline to this story was updated at 12 p.m. on Wednesday, May 6, to more accurately reflect which state agency was responsible for the error.

W.Va. Bill On Data-Gathering Center Has Some Safeguards For Civil Liberties; Some Say Not Enough

The West Virginia House of Delegates is closer to a vote on House Bill 4176, which would add the existing West Virginia Intelligence Fusion Center into state law.

The center gathers and evaluates information on potential threats of terrorist activity for state and federal agencies, most prominently including the federal Department of Homeland Security. 

The bill and the fusion center itself — which has existed and operated since 2008 in West Virginia through an executive order from the governor’s office — have come under fire several times this session for potential violations of civil liberties and its extremely closed-door aspects. However, delegates have said the bill will increase legislative oversight of the fusion center.

During a public hearing Thursday morning, the American Civil Liberties Union asked lawmakers to spend more time on the bill.

The ACLU’s Executive Director of the West Virginia chapter, Joseph Cohen, cited an eight-year-old report from a U.S. Senate subcommittee on investigations, which found fusion centers nationwide typically were not effective in detecting real threats.

A Wood County man who said the governor’s office used the fusion center to spy on him last year also spoke at the public hearing. Fusion center leaders and the Cabinet Secretary of the Department of Military Affairs, which oversees the center, denied the allegations.

The House Judiciary Committee passed an amended version of House Bill 4176 Thursday afternoon, including additions from the Veteran Affairs and Homeland Security Committee, which reviewed the bill weeks earlier. 

Some of the changes include protections for whistleblowers, who would inform an outside organization if the fusion center was participating in illegal activity, and the creation of an oversight committee that will monitor otherwise closed off operations at the fusion center.

At the same time, the bill exempts the fusion center from complying with Freedom of Information Act requests, withstanding any requests necessary to investigating whistleblower accusations, and it introduces felony and misdemeanor charges for employees that leak information. 

Fusion centers nationally date back to 2001, when President George W. Bush signed an executive order establishing intelligence-gathering and analyzing centers to investigate and prevent potential terroristic threats, following the Sept. 11 attacks on the World Trade Center and the Pentagon.

Former Gov. Joe Manchin authorized the creation of a West Virginia fusion center in 2008. Today that center exists under the jurisdiction of DMAPS. 

If the Legislature passes House Bill 4485 or Senate Bill 586 to divide DMAPS between the governor’s office and the state Division of Homeland Security, the state intends to send the fusion center to the latter agency. 

Del. John Shott, R-Mercer, who chairs the House Judiciary Committee, said the bill should be voted on by the Full House of Delegates sometime next week, before bills are required to cross chambers on Wednesday, Feb. 26.

Emily Allen is a Report for America corps member. 

ACLU, Citizens Request Lawmakers Work More On Bill For Data-Gathering Fusion Center

This is a developing story and may be updated.

As lawmakers consider a bill to establish the existing West Virginia Intelligence Fusion Center in state code, civil liberty advocates are calling on the Legislature to use this as an opportunity to add more privacy and civil liberty protections for West Virginians. 

The West Virginia Intelligence Fusion Center dates back to 2008, when then-Gov. Joe Manchin signed an executive order authorizing a group to gather and evaluate information on threats of terrorist activity for state and federal agencies, most prominently the Department of Homeland Security. 

Since then, the group has existed through executive orders from the governor’s office. By proposing  the center to be added to state law through House Bill 4176, some lawmakers have said at previous committee meetings they hope the West Virginia Fusion center will operate under more oversight.

Nationally, fusion centers were established by an executive order from President George W. Bush following the Sept. 11 attacks on the World Trade Center and the Pentagon, to investigate potential terroristic threats. Today, fusion centers exist in all 50 states. 

Cabinet Secretary Jeff Sandy from the West Virginia Department of Military Affairs and Public Safety (DMAPS) spoke highly of fusion centers at a public hearing for House Bill 4176 Thursday morning, hosted by the House Judiciary Committee. Delegates were scheduled to hear and vote on whether to pass the bill to the full House Thursday afternoon after 3 p.m.

DMAPS currently oversees the state fusion center.  

“That executive order forming the fusion centers across our country has saved American lives,” Sandy said. “Why? Is it because of the word ‘fusion center’? It is not. It is because fusion centers brought people together.”

Since then, Director Joseph Cohen of the American Civil Liberties Union in West Virginia said the center’s mission has morphed from monitoring terrorist threats to investigating all kinds of crime. 

Cohen also attended the public hearing on Thursday. He argued that the Legislature should study the proposal rather than rush into passing a bill that would change state code.

“Slow down, have a real opportunity to bring in the experts on this stuff. If we’re going to have a fusion center, let’s do it right,” Cohen said at the public hearing.

Cohen cited a study in 2012 from a U.S. Senate subcommittee on investigations in which bipartisan group of lawmakers learned fusion centers weren’t yielding significant information for counterterrorism efforts.

After 13 months of reviewing reports from fusion centers that were submitted to the U.S. Department of Homeland Security from 2009 to 2010, senators said they “could identify no reporting which uncovered a terrorist threat, nor could it identify a contribution such fusion center reporting made to disrupt an active terrorist plot.”

Robert Cornelius, a recently ousted Wood County Republican Chair, said Thursday he believes the West Virginia Fusion Center is being used to spy on political opponents, himself included.  

“I’m a longtime critic of our current governor,” Cornelius told delegates at the public hearing. “As chairman of the Wood County Republican Committee, our group voted unanimously to support his impeachment, of the governor, in June of 2018, citing his refusal to attend work.”

Cornelius said he learned a month after that decision that there were pictures of himself at a security guard shack for the Columbia Gas building in Kanawha City, with a notice to call the fusion center if guards recognized him on the property. 

This is what prompted Cornelius to post on Twitter in 2019 about the fusion center. Cornelius said in July he received a file of information regarding himself collected by the fusion center. He said his wife, who works in the state Capitol, was handed the information by the governor’s general counsel, Brian Abraham, even though Cornelius insisted the governor’s office had his contact information.

“There’s a greater issue with internet and electronic surveillance by the current executive,” Cornelius said, referring to the governor. “Of his employees, state employees and citizens more generally. Beyond concerns with fusion [centers], I would encourage those interested in our civil rights to examine the current and former roles of employees, the governor’s senior staff, and the scope of duties and activities.”

Fusion center officials disputed claims from Cornelius Thursday morning. That included DMAPS Cabinet Secretary Sandy and his deputy secretary Thom Kirk, who has experience direction the West Virginia fusion center. 

“One of the things that we do at the fusion center is, any information that comes in there is vetted, to see whether it’s factual or not,” Kirk said. “I can tell you that if that is what Mr. Cornelius said, that’s false. I can bet that right now. He, to my knowledge, has never been investigated by the West Virginia Intelligence Fusion Center.”

Earlier this year, the governor requested an additional $1.9 million from the Legislature to fund a Narcotics Intelligence unit that would operate under the state fusion center, as well. 

Emily Allen is a Report for America corps member. 

Governor’s Office Posts Summary Of DMAPS Investigation Into Nazi Salute Photo, Announces New Firings

Gov. Jim Justice has announced additional firings following an investigation  into a class photo of West Virginia corrections officer trainees giving an apparent Nazi salute. Those firings, which include a class trainer and the entire cadet class, come after initial firings and suspensions were announced earlier this month.

A summary of the investigation was made public by the governor’s office Tuesday morning

According to a summary written by Department of Corrections Commissioner Betsy Jividen, the photo was taken at the direction of a class trainer. The photo was copied and there were plans to distribute it with graduation packets, despite complaints from at least three staffers. 

And, according to Jividen’s summary, investigators found other photos of cadets displaying offensive hand gestures on social media. 

A redacted version of the initial photo released earlier this month shows most members of the Division of Corrections and Rehabilitation Basic Training Class #18 giving what appears to be a Nazi salute. Others in the class are depicted giving a raised clenched fist. 

The governor’s office and the Department of Military Affairs and Public Safety still have not released an unredacted version of the photo, despite public records requests from West Virginia Public Broadcasting.

The published photo is captioned “Hail Byrd!” 

As part of one public records request, West Virginia Public Broadcasting obtained a training schedule that shows Academy instructor Karrie Byrd was responsible for teaching the cadets cultural diversity. 

In the summary of the investigation released Monday, DMAPS says Byrd told investigators she was unaware of the “historical or racial implications of the gesture” and reported it was “simply a greeting.”

Several other sources in the investigation reportedly contradicted this statement. 

According to the investigation summary, the use of the gesture began two to three weeks in training. Students repeatedly greeted Byrd with the gesture to her knowledge and with her encouragement. 

“The investigation disclosed that she encouraged it, reveled in it, and at times reciprocated the gesture,” DMAPS Secretary Jeff Sandy wrote. “Additionally, Byrd appeared to overrule the corrective actions taken by others and assured the cadets the behavior was acceptable.”

Other instructors and some students admitted in the investigation to recognizing the historical context of the gesture. Trainees who had voiced concerns were assured by other members of the class the gesture was acceptable because “there was no racial motivation on their part.”

After the photo was taken — “by and at the direction of Instructor Byrd”, the report said —  Byrd told secretarial staff there was nothing wrong with the gesture because the photo had “people of all colors and backgrounds in the picture and every one of them are participating.”

Byrd then told staff to caption the photo “Hail Byrd”, according to the report, telling the secretary the students say that “because I’m a hardass like Hitler.” 

The photo was copied and included in graduation packets. The secretary and two other instructors who caught wind of the picture brought their concerns to a Captain Annette Daniels-Watts. 

Daniels-Watts reportedly told investigators she found the picture to be “horrible.” However, Daniels-Watts never addressed Byrd, didn’t request the pictures be removed and didn’t report the situation to her supervisor. 

When addressed by one instructor, Daniels-Watts reportedly said. At a staff meeting later, regarding the leaked picture, Daniels-Watts’ response was “Do I resign now or what…” and “I saw the picture and did nothing … “. 

Jividen concludes at the end of the summary, addressed to DMAPS Secretary Jeff Sandy, that while the gesture was “highly offensive and egregious in appearance”, there was no evidence revealing “any overt motivation or intent that this was a discriminatory act towards any racial, religious, or ethnic group.” 

“Rather,” wrote Jividen, “contributing factors included poor judgment, ignorance, peer pressure, and fear of reprisal.”

Gov. Justice said in a press release Monday he accepts the report findings and he approves the recommended firings. Sandy wrote to Justice he recommends firing three Academy staffers total, suspending four Academy instructors who failed to report what they were witnessing without pay and firing all of the cadets who participated in the open and closed-hand salute in the photo. 

“Although it would have been best for the state had this event never happened, the event showed that your mandate of having a transparent Department of Military Affairs and Public Safety has worked,” Sandy wrote to Justice. “The citizens of West Virginia should be proud of the transparency exercised in the handling of this unfortunate event and how the Commissioner and Inspector General have worked to bring this matter to a quick conclusion.”

Officials with DMAPS said they were unable to immediately respond to a requests for the names of those involved.

Emily Allen is a Report for America corps member. 

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