CHARLESTON — A state and federal investigation continues greater than a yr after revelations revealed quite a few issues with an alleged plan to drop choose misdemeanor costs in alternate for money donations to a Christmas reward program run by the St. Marys Police Department.
According to paperwork filed with the Clerk of the West Virginia Superior Court of Appeals, a case introduced by the investigative panel of the West Virginia Attorneys’ Disciplinary Committee towards Pleasants County District Attorney Brian Carr and Assistant District Attorney Paul Marteney stays resulting from a Subject to federal investigation by the US Attorney’s Office for the Northern District of West Virginia into the now defunct St. Mary’s Police Department’s “Slow Down for the Holidays” program.
An order filed Sept. 26 by the Attorneys’ Disciplinary Committee Hearings Committee discovered in favor of Carr and Marteney and stayed all additional proceedings till the Supreme Court’s Disciplinary Office accomplished investigations into eight attorneys whose shoppers had costs towards them dropped by Carr and Marteney in alternate for money donations to the Slow Down program.
“Accordingly, it is hereby ordered… that this matter be stayed until the Office of the Disciplinary Advisor completes its investigation into the eight attorneys listed here.” wrote William Mundy, chairman of the listening to panel’s subcommittee. “At that time, a status conference will be held on the matter and the status of the federal investigation will be sounded out.”
On September 2, the panel heard arguments for and towards a request by Marteney to acquire data from the ODC about eight attorneys alleged to have participated in the Slow Down program. The names of the accused attorneys have been blacked out. The ODC refused to offer data to Marteney’s lawyer, citing an lively investigation into the eight attorneys, who would even have been potential witnesses towards Carr and Marteney in future trials.
Attorneys for Marteney and Carr argued that due course of and lawyer disciplinary procedures require that the ODC present the requested data. The listening to panel subcommittee as a substitute requested that the matter continue indefinitely till the ODC accomplished its investigation into the eight attorneys.
“The panel is concerned at the concept of allowing the Disciplinary Board to summon these eight attorneys to testify without full disclosure…” Mundy wrote. “The panel is also concerned at the concept of allowing the Disciplinary Council’s Counsel to call as witnesses those attorneys it is currently investigating and over whom there could certainly appear to be influence and control by the Disciplinary Council.”
Mundy wrote that the listening to panel additionally cited the federal investigation into Carr and Marteney as issues for the longer term. In March, the listening to panel granted a movement to remain disciplinary proceedings towards Carr and Marteney for 90 days after their attorneys admitted the federal investigation.
“…The panel remains aware of the ongoing federal investigation into the Slow Down for the Holiday program.” Mundy wrote. “The panel also has significant concerns about the ability of[Carr and Marteney]to testify and defend themselves in light of the federal investigation.”
Former St Marys Police Department worker Carolyn Taylor pleaded responsible to perjury earlier this summer time to mendacity to federal investigators about taking reward playing cards from the Slow Down program for private use.
The Slow Down program started in 2008 when Carr was a group decide for the town. The program would dismiss minor site visitors violations for donations of $50 reward playing cards or $50 toy equal between October and December every year.
The Pleasants County Attorney’s Office and Pleasants County Sheriff’s Department grew to become concerned in the program in 2018 after Carr was elected chief lawyer for the county. But the investigative panel of the West Virginia Attorneys’ Disciplinary Committee final October indicted Carr and Marteney on a number of skilled code violations for dismissing choose state-level misdemeanor costs in alternate for money donations to the Slow Down program between 2018 and 2020 .
State investigators mentioned Carr and Marteney’s number of just some felonies, some for drink driving, in alternate for money donations was one “Bribery.” Carr alone is accused of 178 skilled conduct violations on 21 counts. The ODC filed a petition with the West Virginia Supreme Court of Appeals on March 11, searching for the quick suspension of Carr’s license.
An investigation by the Judicial Investigation Commission final yr resulted in the resignation of the county’s two judges over their roles in the Slow Down program. The Attorneys’ Disciplinary Board of Inquiry additionally discovered that the City of St. Marys didn’t monitor funds for the Slow Down program, nor did it monitor how donations to the program had been spent.