Justice Undecided On Transition Timeline

Gov. Jim Justice says he has yet to decide on the timeline for his transition into his new role as a U.S. Senator.

New U.S. Senators are set to be sworn in on Jan. 3. However, West Virginia has set Jan. 13 as the date for governor elect Patrick Morrisey to be sworn in. That timeline means Justice would need to leave the governor’s office ten days early to show up to D.C.

At his press briefing Friday, the governor says he has not decided when to leave his current office.

“Cleanest way is for me to stay in office until the 13th and then pass the torch to [Morrisey], you know, as the proper way to do it, but with the dates and everything, all that may not work out that way,” Justice said. “But we’re still working on it. So that’s not set in stone yet at all.”

If Justice leaves office early, Senate President Craig Blair, R-Berkley, would become acting governor. Blair is set to leave his West Virginia senate seat Jan. 8 after losing his primary in the spring. Currently, Senate Republicans are debating who to promote to Senate President, who could then become acting governor.

Announcing his transition team this week, Morrisey said his team had been working with the governor’s office.

“Governor Justice has been very open,” Morrisey said. “I expect we’re going to have the ability to take a look under the hood. That’s part of what the next two months is all about, on revenue and financial issues.”

October revenue reports showed the state’s revenue below estimates by $13,810,207 for the fiscal year thus far.

Justice confirmed the cooperation, cautioning financial responsibility.

“You’ve got to absolutely know what you’re doing and everything, and I’m confident that [Morrisey] will do exactly that,” Justice said. “But if you don’t, then not good things will happen.”

Justice also said he would support Morrisey throughout his term as governor.

“Listen to the people over top of listening to advisors or lobbyists or whatever,” Justice said. “I’ll be available any hour of the day to try to help [Morrisey], and I’ll surely look on him to be a great friend.”

LIVE BLOG: WVPB Follows The 2024 General Election

Follow West Virginia Public Broadcasting’s statewide coverage of the 2024 general election through our live blog.

Updated on Tuesday, November 5, 2024 at 9:49 p.m.

The 2024 general election has been full of twists and turns at the state and national level. During the primary season, it appeared to be a contest between President Joe Biden and former President Donald Trump. Then, after a shaky debate performance, Biden withdrew from the race setting up an all new contest between Trump and Vice President Kamala Harris. In just a little more than 100 days, Harris and her team have barnstormed throughout the battleground states. 

U.S. Sen. Joe Manchin, I-W.Va., choosing to retire instead of running again threw shockwaves into the competition for the Senate seat and even control over the chamber. 

At the state level, many pundits predicted Gov. Jim Justice would take Manchin’s seat, but former Wheeling Mayor Glenn Elliot decided to run against him on the Democrat ticket.

In the governor’s race, with Justice term-limited, state Attorney General Patrick Morrisey is running against Huntington Mayor Steve Williams. 

Four of the five offices known as the Board of Public Works will have a new office holder. That includes the attorney general, the state auditor, the state treasurer and the secretary of state. The state’s agriculture commissioner, Kent Leonhardt, is running for reelection against Democratic challenger Deborah Stiles.

For up-to-date information on election results, visit the secretary of state office’s website, and stay tuned to this live blog from West Virginia Public Broadcasting. For a full list of candidates running for election in West Virginia, visit the secretary of state office’s candidate search webpage.

Polls close at 7:30 p.m.

Follow the WVPB Newsroom on Instagram @wvpublicnews.



Election Results

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Corrupted Data

Corrupted Memory Stick Slows Kanawha Reporting

At 9:10p.m, the Kanawha County’s Public Information Office found that a data stick that held information about early voting numbers was corrupted. 

“It certainly could potentially make for results to take a little bit longer than normal, but we don’t have an exact timeline on that at this time,” Kanawha County Commission Public Information Officer Megan Bsharah told WVPB.

Bsharah said updates will be released on the Kanawha County’s social media pages and website, kanwha.us

The statewide ballot measure on constitutionally banning medically assisted suicide has also yet to be called. There’s currently a tight margin among reporting counties, and Kanawha which is one the biggest outstanding counties.



U.S. Senate

Jim Justice (And Babydog) Goes To Washington

By Curtis Tate
Published at 8:50 p.m.

https://wvpublic.org/wp-content/uploads/2024/11/1106-JUSTICE-SPOT.mp3
Listen: Curtis Tate reports on the U.S. Senate race in West Virginia

Gov. Jim Justice will be the next U.S. Senator from West Virginia.

The two-term governor will head to Washington in January, bringing Republicans one seat closer to controlling the chamber.

Justice spoke at his victory celebration at the Greenbrier Hotel and Resort, which he owns.

“We did it,” he said. “And how we did it? We pulled the rope together. All of you. All of you with me.”

Justice will succeed Sen. Joe Manchin, a Democrat-turned-independent who declined to seek re-election.

Justice, 73, was elected governor in 2016 as a Democrat with Manchin’s support, but publicly switched parties with then-President Donald Trump at a Huntington rally.

Justice defeated Democrat Glenn Elliott, the former mayor of Wheeling.

Gov. Jim Justice addresses attendees at the West Virginia Chamber of Commerce’s annual business summit in August.

Photo Credit: West Virginia Chamber of Commerce


Student News Live At Marshall University

This year, Marshall University’s campus television studio is a hub for the national election reporting initiative called Student News Live.

This project brings together 24 hours of reporting from universities across the United States, documenting college student perspectives on the presidential race and issues affecting first-time voters. Students at Marshall’s W. Page Pitt School of Journalism and Mass Communications will anchor coverage including contributions from more than 70 universities and other national organizations.

You can access Student News Live’s coverage below.



Stories From Around The State

Scroll through stories from around West Virginia as West Virginia Public Broadcasting reporters speak with voters statewide.


Boone County


Everything From Faith To Gas Prices Drive Voting In Boone County

By Maria Young
Published at 8:20 p.m.

Voters in Boone County were almost completely united behind former President Donald Trump in his bid for a new term. But their reasons were varied; from morals and ethics to the cost of living.

I’m a Trump voter, of course,” Jessica Stowers, 43, said.

“For me it’s good versus evil. My faith is a big part of my vote.” 

Alexandria Justice said she was hoping to vote before the polls closed Tuesday evening. 

“It’s inflation, gas prices, groceries. It’s hard to feed three kids,” she said.

Frank Adkins, 75, is bothered by the shutdown of a pipeline, and with it jobs, that he says left under President Joe Biden.

“We need a change in the White House,” Adkins said.

Johnny Sayre agreed.

“Kamala Harris is driving me to the polls. Can’t let her become president,” he said.

Sayre said he is alarmed by the number of undocumented people crossing the border and, he believes, bringing in drugs like fentanyl. He sees that getting even worse if Harris is elected.

A handful of voters said they were also focused on the governor’s race, but few local elections caught their attention.


Putnam County


‘People That Don’t Vote Shouldn’t Really Voice Their Opinion’

By Emily Rice
Published at 7:30 p.m.

https://wvpublic.org/wp-content/uploads/2024/11/1105-PUTNAM-COUNTY-SPOT.mp3
Listen: Emily Rice talks to voters in Putnam County

As America headed to the polls Tuesday, so too did residents of Putnam County.

For election day, Monte Bledsoe arrived at his polling location with his family. For years, they’ve made it a point to vote together – despite differing political beliefs.

“We all come out,” Bledsoe said. “They vote however they want. I vote however I want. We’re just, it’s our civic duty. We feel like, as an American, we come out and we vote.”

While visiting the polls in November is a tradition for some, for young voters like Chloe Beckner, it’s their first general election. She said it felt good to cast her ballot.

“It’s just important to get out and vote and, you know, put your voice out there,” Beckner said.

Mary Brim is a lifelong voter and says she was raised to exercise her right to vote.

“People that don’t vote shouldn’t really voice their opinion, because they don’t make their opinion to be known at the ballots,” Brim said. “That’s how I was raised. I might be old school.”

A polling location in Putnam County.

Photo Credit: Emily Rice/West Virginia Public Broadcasting

Eastern Panhandle


Environment, Identity, School Issues Pushing Some Eastern Panhandle Voters Left

By Jack Walker
Published at 3:35 p.m.

https://wvpublic.org/wp-content/uploads/2024/11/1105-Eastern-Panhandle-WEB.mp3
Listen: Jack Walker asks Jefferson County voters about local races

This year, several closely watched races in West Virginia’s general election come from the fastest growing region of the state, its Eastern Panhandle.

The area has a significant Republican majority. But some residents on the left hope a growing influx of newcomers to the state could help swing local elections in the Democratic Party’s favor.

Some voters backing local Democratic candidates say they want better pay for teachers, more environmental protections and inclusivity for immigrants, people of color and members of the LGBTQ community.

Democratic values like these are part of the reason Shepherdstown resident Stewart Acuff votes blue year after year.

“It’s the Republicans on the county council who now want to cover this green landscape with tract housing and industrial solar,” Acuff said. “As long as people like Jim Justice and Patrick Morrisey try to run the state like a coal operator — like they make all the decisions and they get all the money — then West Virginia is going to be stuck in poverty.”

Stewart Acuff, a resident of Shepherdstown, said he voted Democrat across his entire ballot during the Nov. 5 general election.

Photo Credit: Jack Walker/West Virginia Public Broadcasting

Shepherdstown resident Karene Motivans said she was excited to vote for “youthful, energetic new candidates” for local office.

But Motivans said she also wanted to cast a vote against ideas expressed by candidates on the right, like anti-LGBTQ and anti-immigrant positions.

“I come from parents that are immigrants. It makes me emotional,” she said. “They add so much to our country.”

No Republican voters agreed to speak to West Virginia Public Broadcasting in Shepherdstown on Election Day.

But some residents supporting a Republican ticket spoke with the newsroom last week during early voting. They said they want candidates who can minimize government spending, reduce property costs, decrease the local cost of living and protect freedom of speech.

See an extended version of this story at this link.


Monongalia County


Voters In Morgantown Feel Motivated By National Politics, But Keep Focus Down The Ballot

By Chris Schulz
Published at 3:30 p.m.

Many West Virginians like Kevin Hamric see voting as their civic duty and a way to express themselves.

“I have an opinion, and I want to make sure that I’m involved in the decisions that we’re making going forward for this community, the state, nation,” he said.

Both national and local races drove Hamric to the polls Tuesday, but he emphasized the importance of local politics.

“There’s a lot we can do locally and work outward, but that doesn’t mean we shouldn’t have our opinion be counted on the national stage as well,” Hamric said. “I think locally we can look at each other and usually cut through some of the mess a little bit more and get things done. Because we’re working hand in hand, we’re usually working a little more face to face, and I think we see each other as people a little bit more when we’re on the local level.”

Hamric attended his local polling place at Morgantown High School with his young son, who he said is interested in the process.

“He’s got questions, and it’s great to be able to talk about those and for him to see what we’re talking about, instead of just explaining it to him,” he said.

Kevin Hamric brough his son to the polls at Morgantown High School Tuesday morning. Hamric said his son is interested in the electoral process, and it was a good opportunity to show him how elections work.

Photo Credit: Chris Schulz/West Virginia Public Broadcasting
Pictured on the left, Kylie Cannon voted early this year. But she came to the polling location at Morgantown High School to support her friend, Jill Descoteaux, who voted on Election Day “to be a part of the day of excitement.”

Photo Credit: Chris Schulz/West Virginia Public Broadcasting

For Chris Lituma, he sees voting as a privilege not shared globally.

“I think the system works and has worked and can continue to work,” he said. “I don’t think it’s flawless, but for now, it’s working, hopefully.”

Voting in Morgantown, a Democratic outlier in the broader Republican stronghold of the state, Lituma said he feels his vote matters more.

“The local politics, I think they are more split than they are nationally,” he said. “And so that’s really important for me, because I think our vote does matter here locally more than it would statewide.”

Jill Descoteaux said she comes out to vote in every local election, but admits it is difficult to find information about local races.

“It’s really easy to be motivated about the national headline because we’re bombarded with information about those candidates and everything they do,” she said. “I would say that I put more energy into voting down ballot, to doing my research, but the motivation to come out here is very like, ‘Rah rah, everyone, come together and get get who you want in office at the top of the ticket.’”

Descoteaux, who described herself as a “news junkie,” said she opted to wait and cast her vote on election day rather than vote early to feel more a part of the process.



Unopposed Races In The Mountain State

By Chris Schulz
Published at 3:30 p.m.

https://wvpublic.org/wp-content/uploads/2024/11/1105-Unopposed-Races-SPOT_4WEB.mp3
Listen: Chris Schulz talks to Morgantown voters about unopposed races

Despite the expressed enthusiasm for local races, in many local elections this year voters were faced with not much of a choice on their ballots.

Of the 100 House of Delegates races on ballots across the state in this election, nearly half were unopposed, as were one third of all state senate races.

In Monongalia County, where races for surveyor and prosecutor were also unopposed, voters like Robin Cheung said seeing one name on the ballot is a shame.

“There’s no new ideas that come out of there,” he said. “You’re gonna have the same person, the same ideas, same thoughts, same thought process. It’s always good to have someone else to run against, you can kind of brighten things up and freshen things up a little bit.”

Lituma said he’s bothered by unopposed races, enough to consider running in the future.

“It’s a challenge to find people, especially in West Virginia because there’s a party that dominates the state,” he said. “

At the state level, Larry Pack is unopposed for the position of state Treasurer.

Morgantown voter Grace Hutchens said it made her sad to see solitary names under so many races.

“That’s the whole point of this process, is to have people running against each other and to give you a choice to see who you would prefer to represent you in that certain field,” she said. “It’s always kind of a little tragic just to see somebody running unopposed. It’s probably nice for them running unopposed, but as far as the process goes, it’s a little sad.”



A Potential Amendment To The State Constitution

By Chris Schulz
Published at 3:30 p.m.

https://wvpublic.org/wp-content/uploads/2024/11/1105-Amendment-1-Morgantown-SPOT_4WEB.mp3
Listen: Chris Schulz asks Morgantown voters about Amendment 1

West Virginia voters will decide on a new amendment to the state’s constitution this election.

Amendment 1 asks voters to decide whether or not to change the state’s constitution to prohibit medically assisted suicide.

But voters like Hutchens said the wording of this and previous ballot amendments feels intentionally confusing.

“I’ve seen a couple amendments that have been proposed in elections, and both times the language was very confusing,” she said. “You really had to look and put time and effort into seeing what they were trying to say and accomplish.”

Kylie Cannon said she voted early but came out to support her friends as they voted. She said she has sick friends who would be directly impacted by the amendment, agrees that the wording of the amendment is tricky.

“I think that’s something that’s really important to educate yourself about, rather than just going in, voting for the top of the ticket and then just going home,” Cannon said.

Assisted suicide and euthanasia are both already illegal in West Virginia.

Kylie Cannon, left, voted early but walked her dog to the polls while her friends Robin Cheung, Jill Descoteaux and Chris Lituma voted in the general election at the Morgantown High School polling location Nov. 5, 2024.

Cabell County


Schools, Libraries, Parks And A New Mayor On The Ballot In Huntington

By Randy Yohe
Published at 3:25 p.m.

https://wvpublic.org/wp-content/uploads/2024/11/1105-Cabell-Vote-WEB.mp3
Listen: Randy Yohe talks to voters in Cabell County

In Cabell County, a three-pronged levy affecting schools, libraries and parks and selecting the first new Huntington Mayor in more than a decade joined presidential politics in bringing voters to the polls.

Debra McCallister said voting doesn’t necessarily run in her family’s history. However, she said this time, the stakes, both nationally and locally, compelled her to go to her voting precinct, which was across the street from her home.

“I think it’s an important vote,” McCallister said. “You need to speak up for what you think and what you believe. On the national ticket, the immigration, taxes, and the economy. Locally, a vote for the Huntington mayor and city council, and I think it’s important to know the people that are on those seats.”

In Cabell County, partial funding for the county’s public libraries and the Greater Huntington Park and Recreation District comes from the Cabell County Schools Excess Levy.

In February, 2024, the West Virginia Supreme Court of Appeals ruled the school district no longer needed to provide funding for parks and libraries. The district cut funding to both groups on the May primary levy renewal.

Voicing displeasure with the decision, Cabell County voters said no to the levy renewal. which included the cuts.

But then, with a new school superintendent, the Cabell County Board of Education adopted a plan to fully restore funding to both the libraries and the parks.

Allyson and Sam Ransbottom came out to support the revised school levy.

“We’re hoping that it goes through this time,” Allyson said. “I work for the library, so we were working really hard before to make that happen. It will be really good for the schools and libraries.”

“We’re both from here,” Sam said. “We’ve lived here pretty much all of our lives. I’ve used the library, as she has, since we were little kids, so it’s really important to us.”

Rick Reed said he had one key reason to vote today.

“I want my country back,” Reed said. “I think the Democrat Party has just totally destroyed it.”

Daniel Beahm said he had several reasons to vote, with one hoped-for outcome.

“I believe in democracy among all the main issues,” Beham said. “But mostly I just felt that it was necessary to come out and support Kamala.”

Huntington will also elect the first new mayor in 12 years.

The Governor’s Debate And A Spooky Trail, This West Virginia Morning

On this West Virginia Morning, West Virginia’s gubernatorial candidates took the debate stage at Fairmont State University on Tuesday evening.

On this West Virginia Morning, West Virginia’s gubernatorial candidates took the debate stage at Fairmont State University on Tuesday evening. Caelan Bailey was in attendance, and tells us what Attorney General Patrick Morrisey, the Republican candidate, and Huntington Mayor Steve Williams, the Democratic candidate, had to say.

Plus, Halloween is fast approaching. To celebrate, West Virginia residents and visitors alike can take part in the state’s Paranormal Trail, organized by the West Virginia Department of Tourism.

The trail includes 18 haunted or spooky locations around the state. Briana Heaney stopped by some of the sites and tells us what they have to offer.

Also in this episode, Election Day is Nov. 5, and early voting is ongoing. Briana Heaney went down to Mercer County to talk to voters about the state and local issues important to them.

West Virginia Morning is a production of West Virginia Public Broadcasting, which is solely responsible for its content.

Support for our news bureaus comes from Shepherd University and Marshall University School of Journalism and Mass Communications.

Maria Young produced this episode.

Listen to West Virginia Morning weekdays at 7:43 a.m. on WVPB Radio or subscribe to the podcast and never miss an episode. #WVMorning

The Gubernatorial Race And A Voter’s Guide, This West Virginia Morning

On this West Virginia Morning, the Republican and Democratic candidates for governor, Attorney General Patrick Morrisey and Huntington Mayor Steve Williams, will face off in a televised debate Tuesday evening.

On this West Virginia Morning, the Republican and Democratic candidates for governor, Attorney General Patrick Morrisey and Huntington Mayor Steve Williams, will face off in a televised debate Tuesday evening.

West Virginia Public Broadcasting reached out to both campaigns for an interview. Morrisey’s campaign never scheduled a time to come in. But News Director Eric Douglas sat down with Williams to discuss what he would bring to the governor’s office.

Plus, citizens across the country are preparing to go to the polls in the coming days. But finding information on candidates and ballot issues can be difficult.

Julie Archer, president of the League of Women Voters of West Virginia, spoke to reporter Chris Schulz about resources her organization has created to help voters make more informed choices.

West Virginia Morning is a production of West Virginia Public Broadcasting, which is solely responsible for its content.

Support for our news bureaus comes from Shepherd University and Marshall University School of Journalism and Mass Communications.

Maria Young produced this episode.

Listen to West Virginia Morning weekdays at 7:43 a.m. on WVPB Radio or subscribe to the podcast and never miss an episode. #WVMorning

Manchin Leaves Democratic Party, Registers As An Independent

Manchin, who’s leaving the Senate at the end of the year, blamed both Democrats and Republicans for leaving West Virginia and the country behind.

U.S. Sen. Joe Manchin has left the Democratic Party and registered as an independent.

Manchin, who’s leaving the Senate at the end of the year, blamed both Democrats and Republicans for leaving West Virginia and the country behind and “jeopardizing our democracy.”

“Today, our national politics are broken and neither party is willing to compromise to find common ground,” Manchin said. “To stay true to myself and remain committed to put country before party, I have decided to register as an independent with no party affiliation and continue to fight for America’s sensible majority.”

Manchin was the only Democrat elected statewide. He served in the House of Delegates and state Senate, then as secretary of state and governor before he was elected to the U.S. Senate.

He’s currently chairman of the Senate Energy and Natural Resources Committee. 

Manchin clashed frequently with Democratic presidents, especially over energy policy. Yet his support was decisive in Congress passing President Joe Biden’s signature climate law, the Inflation Reduction Act, in 2022.

He was also a driving force behind legislation requiring the completion of the controversial Mountain Valley Pipeline, a 303-mile natural gas pipeline that’s nearly finished.

Manchin had flirted with a possible run for president and more recently has been rumored to be considering a run for governor.

In that race, Republicans have nominated Attorney General Patrick Morrisey, while Democrats have nominated Huntington Mayor Steve Williams. Manchin said he supports Williams.

Aug. 1 is the last day for a candidate with no party organization to file a certificate of announcement.

A Winding Search For Accountability In The Starving Death Of Boone County Child

The advocacy organization representing those with disabilities in West Virginia has filed a notice of suit against Gov. Jim Justice, other top state officials and agencies.

Disability Rights West Virginia filed a notice of legal action Thursday against Gov. Jim Justice, Secretary of the Department of Human Services (DoHS) Cynthia Persily, Attorney General Patrick Morrisey and the West Virginia Department of Human Services itself.

The letter was sent to each party and members of the media, alleging the DoHS violated its Child Protective Services Policy and the Child Abuse Prevention and Treatment Act (CAPTA) in connection with the death of a child in Boone County, W.Va.

History Of The Case

On April 17, Julie Anne Stone Miller was arrested and charged with child neglect causing death after her daughter was found “emaciated to a skeletal state,” the Boone County Sheriff’s Office told Eyewitness News. She has pleaded not guilty to the charge.

Deputies responded to a death call in Morrisvale, Boone County that morning and found the girl, later identified as 14-year-old Kyneddi Miller, on the bathroom floor on a foam pad.

According to the complaint, she had an eating disorder for several years. The child’s grandmother was interviewed as part of the investigation and told deputies the girl had not attended school or left the house, except possibly two times, in the last four years.

The grandmother also said the child had not been eating for months, and was unable to function on her own for four to five days prior to her death due to her physical state.

On May 20, Kyneddi’s grandparents, Donna and Jerry Stone, who shared the home with Kyneddi and her mother, were arrested and charged with child neglect causing death.

Was CPS Involved Or Not? A Timeline Of Seeking Accountability.

After the news of Kyneddi’s death broke, media outlets across the state began asking questions of state officials.

DoHS Cabinet Secretary Cynthia Persily released a statement April 22. The press release provided no further information on the case, but cited West Virginia Code that all records and information concerning a child or juvenile that are maintained by DoHS are confidential and may not be released or disclosed to anyone, including any federal or state agency.

The release further cited CAPTA, one of the laws Disability Rights West Virginia now accuses the department of violating, as requiring it to preserve the confidentiality of all child abuse and neglect reports.

“The role of DoHS’s CPS is to investigate allegations of abuse and neglect when the allegations are against a parent, guardian or custodian,” the release reads. “Child safety is paramount in all CPS investigations. CPS policy and Chapter 49 of the West Virginia Code require that any report alleging abuse or neglect of children is to be investigated/assessed by DoHS.”

The statement by Kyneddi’s grandmother, Donna Stone, saying she hadn’t been in school since 2019 prompted the media to ask Justice during his weekly media briefing on April 23 if the girl had been homeschooled and if so, why an academic assessment hadn’t brought attention to her condition.

“I think the answer just got to be just one thing,” Justice said. “The CPS folks, from what I understand, [had] no idea about this, about this child, no idea whatsoever.”

On April 26, Eyewitness News reported that they had received documents through the Freedom of Information Act (FOIA) confirming Kyneddi started homeschooling in February 2021 at the request of her mother, citing concerns about the COVID-19 pandemic.

Television station WSAZ published evidence from their own investigation and a whistleblower on May 6 as part of their investigation into the incident, Deadly Details Denied

Reporter Curtis Johnson was denied documents by the Department of Human Services and referred back to the statement. In the law on confidentiality, he found that the department, in case of a child neglect fatality, “shall make public information relating to the case.” Johnson found that same requirement in federal law.

Johnson submitted a FOIA request for any history that CPS had with the Boone County teenager. His request was denied.

Johnson later set up an interview with Persily where he repeatedly asked her if the DHS had any knowledge of Kynneddi.

“We have no record of contact with this family — about this particular child,” Persily told Johnson.

After speaking with Persily, the station received a response to their FOIA request sent to the West Virginia State Police. The response includes notes from a welfare check on the teenager in March 2023. The trooper who responded can be heard on audio files obtained by the station saying he is referring the child to CPS.

On May 8, Justice walked back his prior comments during a regular media briefing.

“Will I stand behind what I said two weeks ago now that I know the information I know today? No way,” Justice said in response to a question from Johnson.

Justice blamed the DoHS attorneys for the confusion.

“When they give us information, then we’ve got to act on the information they give us,” Justice said.

The Justice administration has said it is exploring ways to legally provide better information to the public. 

“I’ll absolutely direct them to follow the law. You know, without any question,” Justice said. 

Persily said that the administration is also looking to other states to understand their transparency practices. Persily advised journalists and members of the public to obtain and use the critical accident report that is filed annually. 

“That report, of course, has not been reported on in the media,” Persily said. “And we would just encourage everyone who wants to have information about child fatalities in the state to look at that report and the information is contained there.”

However, that report shows limited details on CPS actions, responsibility and culpability. The current report does not have any information of the death of Kyneddi Miller.

On May 21, Persily released a statement refuting the report from WSAZ.

“We are aware of information suggesting that West Virginia State Police intended to make a referral on this child in March 2023,” Department Secretary Cynthia Persily said. “However, a comprehensive search of DoHS records suggests no referral was ever made.” 

Nearly two weeks after WSAZ’s report, Persily reiterated the department had no records of abuse. 

“DoHS never received an abuse or neglect referral relating to the death of Kyneddi Miller, and was therefore not involved in the life of this child prior to her passing,” Persily said. 

In the same statement, Persily said that the whistleblower broke state and federal law by sharing the information with WSAZ. 

“We are extremely disappointed by the disclosure of information relating to those prior matters by an anonymous informant and by members of the local media,” Persily said.

Notice Of Suit

On May 23, Disability Rights West Virginia filed a notice of legal action against state officials and the DHS alleging the department concealed documents and information related to Kyneddi’s death.

The notice demands the named parties “cease and desist from any further violation of applicable law regarding the mandatory public disclosure of information and documents related to the Boone County death, child abuse cases, child abuse investigation and child abuse findings.”

The notice also requests documents and electronically stored information from DoHS leadership computers, phones and tablets be preserved. 

The advocacy group cited the federal Child Abuse Prevention and Treatment Act, which mandates that child abuse information be publicly disclosed.

The notice also asked that the agency “cease and desist from any threats, intimidation, termination or retaliatory actions against any person and any DHS worker who fulfills DHS’s mandatory duty of disclosing required documents and information.”

Tension Between Media And Executive Branch

In an incident recorded and published on May 22 by WSAZ, Justice’s Chief of Staff Brian Abraham could be heard yelling down a Capitol hallway, “Channel 3 is banned,” as reporters Johnson and Sarah Sager were working to learn more about Kyneddi’s case.

Abraham can be heard saying, “You’re not very good at your job.” He went on to say, “You are not doing a very good job at all.”

According to the reporters, this happened as Sager was waiting to interview state Sen. Eric Tarr, R-Putnam, and Speaker of the House Roger Hanshaw, R-Clay, about their closed-door meeting with the DoHS and members of the governor’s staff.

During a virtual press briefing on May 24, West Virginia Public Broadcasting asked Justice his response to the filing and accusations of retaliatory behavior.

“I don’t know, the allegation about, you know, threats or whatever, but I want to tell everybody that works in any capacity for me, and this government in any way, that I want you to always be 100 percent transparent on anything, and nobody, nobody’s gonna come back on you for anything, you know, if you’re just being that transparent and telling the truth,” Justice said.

Justice said if someone wants to file a lawsuit against him, they can.

“From the standpoint of the lawsuit against me, well, you know, people can do that if they choose,” Justice said. “But there’s no champion ever, is going to champion more transparency, and trying to do goodness, and help our kids and look after our kids than myself.”

Also during that press briefing, Eyewitness News’ Leslie Rubin and WSAZ’s Johnson said they’ve received multiple reports that the police officer who visited Kyneddi’s home drove straight to his local DoHS office, in person, to make the CPS report.

“There’s an officer that says that he drove, I guess his personal vehicle or whatever, he drove to the offices and went in and made that report,” Justice said. “At the same time, there’s no evidence that I can uncover so far that a report was made.”

Justice asked the public to remain vigilant and asked anyone with concerns about a child to call the Centralized Intake for Abuse and Neglect Hotline at 1-800-352-6513.

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