West Virginia State Police Sees Second Lawsuit Notice From Victims Of Alleged Hidden Camera

Another notice to sue the West Virginia State Police has been filed over a camera hidden in the State Police Academy’s women’s locker room.

Another notice to sue the West Virginia State Police has been filed over a camera hidden in the State Police Academy’s women’s locker room.

The notice comes from Winfield-based attorney David Moye. He intends to sue the agency on behalf of five female plaintiffs who were training at the academy, concerned over possible exposure during the time the recording device was placed.

The letter gives the state government the mandatory 30 days notice of intent to file a lawsuit.

Both Moye’s law firm and the West Virginia State Police were unable to comment directly on the notice, but both groups confirmed with West Virginia Public Broadcasting that the notice itself had been filed.

This is the second such notice for intent. Wheeling attorney Teresa Toriseva sent a similar letter on behalf of three other women late last March. Toriseva’s list has grown to at least 20 clients.

Both notices come after a state Department of Homeland Security investigation revealed an unnamed senior state trooper placed the camera sometime before March 2016. The camera wasn’t discovered until after the trooper’s death. The investigation also found that other troopers destroyed evidence in the form of a thumb drive containing video from the camera.

Interim State Police Superintendent Jack Chambers has said he will determine who may have been victimized. A letter from Chambers sent to West Virginia Public Broadcasting last month said all victims identified will be offered counseling and therapy services, and that the Department of Homeland Security is in the process of hiring an independent ombudsman with experience in counseling.

“We are working with Marshall University Health,” Maj. Jim Mitchell, chief of staff services for the state police, said. “We are currently still in negotiations with them to be able to provide any kind of professional assistance, aid or help to any potential victims.”

Most recently, during an interim legislative meeting Monday, Chambers told the Joint Standing Committee on Finance that an internal investigation is moving toward resolution

Toriseva Law is an underwriter of West Virginia Public Broadcasting.

Alleged Rapes Part Of State Police Misconduct Investigation

In a Wednesday administration media briefing, Gov. Jim Justice talked about alleged rapes by a state trooper that are now under federal investigation. 

In a Wednesday administration media briefing, Gov. Jim Justice talked about alleged rapes by a state trooper that are now under federal investigation. 

Charleston Attorney Dante DiTrapino sent a notice to sue letter to the state on his client’s behalf. The law requires a 30-day notice before bringing a civil suit on a government entity. The letter details allegations that in December 2021, Trooper Michael J. Miller drugged, kidnapped and raped an unnamed woman. 

“She is suffering from Post Traumatic Stress Disorder (PTSD), and is in intense treatment and counseling in connection with the physical, mental, emotional and psychological injuries visited upon her by Miller,” the letter states.

The letter notes the FBI is aware of Miller’s alleged acts.

“She woke up naked in her bed, with blood, urine and feces all over her,” the letter continues. “Her earrings were ripped out of her ears, her hair was pulled out, her teeth were damaged, and she had been raped vaginally and sodomized with some instrument. This is all confirmed by the rape unit at the emergency department of CAMC’s Women’s and Children’s Hospital.”  

In the briefing, Justice offered few details about this particular ongoing investigation.     

“I think it’s primarily one person, maybe multiple rapes,” Justice said. “The FBI has the investigation at this point in time. I do believe it’s one person.”

A check of the state’s public database shows a Michael J. Miller with the West Virginia State Police earned $74,905 in 2022, the year after the alleged incident.

In the briefing, acting State Police Superintendent Jack Chambers said two senior troopers have been reassigned.

Former Chief of Staff Services at State Police headquarters Major Shallon Oglesby will now serve as a first lieutenant in procurement rather than the previous rank of major. Former Major James Findley will also now serve as a first lieutenant.

Chambers said he has promoted Jim Mitchell to a chief of staff role highlighting media relations.

“I do feel like the decision with Jim Mitchell will be well accepted,” Chambers said. “He’s an honest person and a very good speaker. He’ll be dealing with all the media outlets.” 

Chamber said no trooper has been fired as of yet. He said the investigation into an alleged theft of cash by a senior trooper at the Mardi Gras Casino was nearing completion.  

Wheeling attorney Teresa Toriseva has filed a letter of intent to sue on behalf of several women worried that their images may have been caught on a camera that was placed in the State Police Academy women’s locker room.

Justice said Chambers needs more time to further investigate a hidden camera incident that may or may not include multiple victims.

“For all we knew 10 days ago, there was a thumb drive,“ Justice said. “There was a videotape made. We don’t know how many people have been filmed. You know, it was told and represented to us that only one person had been filmed. I don’t like that, but I can’t dispute that until we get to the bottom of an investigation.” 

Justice continues to say the bodycam video he viewed regarding an investigation into a person’s death during a confrontation with troopers on I-81 near Martinsburg was “very concerning.”

“You’ve got a trooper in the dark with somebody walking down the interstate, which they shouldn’t be there at all,” Justice said. “Somebody’s walking down the interstate and a trooper is in the dark with traffic flying by him at 80 miles an hour. Granted, these people are supposed to be trained to be able to handle all this.”

Justice said he will be glad to release the bodycam footage upon a prosecutor’s OK in this continuing State Police investigation.

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