A long night for shoppers

It’s officially the holiday shopping season.  Hundreds of stores across West Virginia opened on Thanksgiving and many will stay open through the holiday weekend.

Just like in previous years, a large number of shoppers in West Virginia are expected to hit the stores on Black Friday, but those with the West Virginia Retailers Association are predicting those numbers to be higher.

The higher number of shoppers has Lambert and retailers excited about the annual event, but that isn’t the only thing.  She said some projections indicate shoppers will be spending more during the next month.

In reaction to the increased projections, retailers are making sure they have the best deals possible and stocking up on the necessary items.  They are also continuing with a new tradition by opening up earlier.

Man Arrested in Alleged Sword Attack on His Brother

A man was arrested Wednesday in connection with an attack on his brother in Ranger, W.Va., last Friday that involved a Samurai sword, West Virginia State Police say.

Jeffrey Turley, 31, is charged with attempted murder.

According to the criminal complaint, Turley got into a fight with his girlfriend. When his brother tried to break it up, Turley allegedly used the sword -- cutting his brother halfway through his arm.

Troopers say Turley then began firing rounds with a firearm, even shooting himself.

Turley was released from the hospital on Wednesday and taken to jail.

State Board to decide on school calendar changes next month

A vote is expected to come next month from the state Board of Education on a school calendar policy that would give county school boards more flexibility .

That policy, which was first proposed last month, would require county school systems to provide at least 180 days of instruction for students each school year, no matter the weather.

State Superintendent Jim Phares adds the policy does not require year-round school, but rather encourages school systems “to drop down those learning gap times where the loss of learning takes place.”

The changes to the school calendar are part of the education reform law and will replace the current policy which Phares argues restricted county officials in many ways when scheduling school years.

He said this new policy gives those officials more flexibility to meet the 180 days mark.  “I believe it gives each individual county the unique opportunity to develop a calendar that’s best suited for their county,” said Phares.

With it, each county school system would also have to come up with a plan, with the personalized calendar, to compensate for inclement weather.

“The core principal is there,” Phares said. “We want them to be in school for 180 days and we want the counties to be able to determine when those 180 days will be based on that county’s needs.”

With the proposed policy, county school boards would also have to hold at least two public hearings before voting on a schedule. Phares said this is another important piece to the policy.

“The board still has the sole authority to approve the county calendar, but I still believe that this is a powerful, not policy driven initiative, that actually allows engagement of the citizens,” he adds.

Phares explains that it makes sense to have the public involved because they are usually the first people school officials hear from when school is closed or not closed.

The state Board of Education is currently in the process of considering feedback received during a 30 day comment period on the proposal.

Board members are expected to vote on the policy at their next meeting in December, so the change could go into effect for the 2014-15 school year.

W.Va. Gov. Revives Council to Tackle Homelessness

A state council has been tasked with developing and implementing a plan to end homelessness in West Virginia.

Gov. Earl Ray Tomblin issued an executive order Wednesday reviving the Interagency Council on Homelessness. The order transfers the council from the Office of Economic Opportunity to a bureau within the Department of Health and Human Resources.

Tomblin says in a news release that ending homelessness requires a collaboration among state agencies, local governments, the private sector and service provider networks.

Tomblin says a recent study shows there are 3,000 homeless people in West Virginia on any given day.

Former Gov. Joe Manchin created the council in 2007.

Marshall to play for a C-USA East championship

The Conference USA East Division title will be on the line when East Carolina (9-2) rolls into Huntington for a Friday afternoon game against Marshall  (8-3).

The winner will play for the Conference USA championship on Dec. 7.

The last two regular seasons have ended on Thanksgiving weekend with games between Marshall and ECU. Marshall won the 2011 meeting in Huntington to secure bowl eligibility. Last year, the Herd lost to ECU in double-overtime.

Friday’s game will be the last C-USA meeting for the teams since the Pirates will join the AAC after this school year.  It will also be the first time a championship game has been played in Huntington since Dec. 7, 2002, when Byron Leftwich led Marshall to a 49-45 win over Toledo for the Mid-American Conference title.


Kickoff is set for noon Friday at Joan C. Edwards Stadium.

Logan County Woman Wins Black Friday Shopping Spree

A Logan County woman was selected out of 10,000 contestants for a Black Friday Shopping spree.

Carrie Ball was selected as the grand prize winner of Value City Furniture's Black Friday Shopping Spree Contest.

She will receive a $1,000 private shopping spree at the store in St. Albans.

Ball will be picked up from her home in a limo that she will get to keep for the day as she does her Black Friday shopping.

Former Massey HQ in Va. now apartment building

Massey Energy's former headquarters in Richmond is now an apartment building.

The Monument Cos. bought the four-story building in 2012 and converted it into 74 apartments. Thirty-one apartments have been leased and the first residents are moving into the building.

An historic district was expanded in 2012 to include the building and other structures in the area.

The building was constructed in 1951 and still bears the "Massey Building" cornerstone plaque.

Bristol-based Alpha Natural Resources acquired Massey in 2011.

Judge Files Ruling in Michael Thornsbury Civil Case

A civil case against former Mingo County Judge Michael Thornsbury is moving forward.

Late Tuesday afternoon, Kanawha County Circuit Court Judge Tod Kaufman ruled Thornsbury was properly served paperwork in a civil lawsuit.

Thornsbury had argued the paperwork was delivered to an address where he no longer lived.

The lawsuit was filed by his secretary and her husband after Thornsbury allegedly tried to frame him for several crimes.

The criminal charge was dropped against Thornsbury in exchange for a guilty plea in a separate corruption case. He is expected to be sentenced in that case in January. He faces up to 10 years in prison and a $250,000 fine.

Lincoln County, W.Va. Mine Named as Pattern Violator

The head of the Mine Safety and Health Administration says a southern West Virginia coal mine has been designated as a pattern violator.

MSHA chief Joe Main says Coal River Mining's Fork Creek No. 1 mine in Lincoln County failed to report worker injuries.

An MSHA audit also found 158 significant and substantial violations at the mine in the 12-month period ending Aug. 31. That includes 21 ventilation violations, 21 for explosion hazards and 14 for failing to properly support underground roof and rib structures that protect miners.

When a mine is put on the pattern of violations list, it is subject to a higher level of scrutiny. It puts more responsibility on the operator to identify and correct safety problems.

It's the fourth mine added to the POV list.

Head counting at the Legislature

The split between Democrats and Republicans in the state House of Delegates got a little closer this week when Ohio County Delegate Ryan Ferns (R-3) changed his party affiliation from Democrat to Republican and launched a campaign for state Senate.

That means the House numbers will stand at 53-47, with Democrats still in charge, when the 2014 Regular Legislative Session begins on Jan. 8.

House Speaker Tim Miley (D-48) said, much of the time, those numbers do not really matter.

“Most bills that we pass, down in the House of Delegates, get overwhelming bipartisan support.  Are there a handful of bills that break down largely along party lines?  Yes, but very few and, even on those bills, some Democrats vote with Republicans, some Republicans vote with Democrats,” he said.

Republicans have made gains in the House in recent years and party leaders have said their goal is to take control of that chamber as early as next year or in 2016, but Democratic leaders are working to keep that from happening.

Democrats have a much stronger hold on the state Senate, 24-10.

Miley said he was aware Mercer County Senator Bill Cole (R-6) met with Ferns, as recently as last week, as part of his larger Republican recruitment efforts focused on the Senate.  Ferns will run next year in the First Senatorial District.

“Both sides recruit what they believe to be good candidates to run for office in their respective bodies and Sen. Cole is doing that on the Senate side.  We’re doing that on the House side, as are Republicans on the House side,” said Miley.”

The 2014 Primary Election in West Virginia is Tuesday, May 13.

Hatfields, McCoys coming together for moonshine distillery in Gilbert, WV

The Hatfields & McCoys are collaborating on a new venture, a distilled spirits plant in Gilbert.

Hatfield & McCoy Moonshine sells directly from its distillery as well as through West Virginia liquor retailers.

The Hatfield & McCoy Moonshine distillery is family-owned and operated, with Nancy Hatfield, great-great- granddaughter of Devil Anse Hatfield, her daughter Amber Hatfield Bishop,  her son-in-law Chad Bishop who serves as the company's president and director of operations. Ronald McCoy serves as distillation consultant and representative of the McCoy family. Nancy previously owned Billie Ann's Restaurant in Gilbert and currently has Devil Anse Trailhouses for overnight visitors.

Nancy Hatfield said it's a project she's had in mind for some time, but only recently has the federal government permitted individuals and small companies to manufacture and sell distilled spirits. She said her father was a successful small business coal owner/operator "who lived a very interesting life."

"Like his father before him, my daddy bootlegged for years," she said. "It was our only income in the 1950s."

Chad Bishop said they'll produce a premium, 90-proof (45 percent alcohol by volume) hand-made, hand-bottled corn whiskey.

"Our moonshine is done the old fashioned way, one batch at a time by hand," he said. "It is even hand-labeled, hand-corked and sealed and hand-packed in our distillery.

"Obviously this process requires much more hands-on labor so it costs more to produce. But unlike many moonshine companies, we do not import or buy our moonshine from outside sources and then put our label on it. Our shine is made right here in West Virginia so the taste remains consistent."

The distillery currently has two products for sale: premium moonshine and, for a limited time only, a Holiday Gift Set which contains a bottle of  premium moonshine and a custom Hatfield & McCoy Moonshine flask. 

The Hatfield & McCoy Moonshine distillery on James Avenue in Gilbert is open to the public 10 a.m. to 4 p.m. Monday through Friday and with limited Saturday hours.

Postal Services announces cancel and process in Charleston

The U.S. Postal Service has announced that it will cancel and process mail in Charleston for two consecutive Sundays on December 8 and 15.

Mary Sullivan, Appalachian district manager, said customers should deposit their mail in the blue mail boxes as soon as possible this holiday season.

"Since we are expecting a higher than normal mail volume on Mondays during the holidays, we are going to cancel and process mail in Charleston on these two Sundays," Sullivan said. "Getting your mail to us as soon as possible will help us process and deliver your holiday mail on time."

Normally the post office doesn't cancel and process mail on Sunday, but it said it is expecting mail volumes to increase from about 400,000 pieces on an average day to about one million on Dec. 16.

"We appreciate your business and we are committed to providing all of our customers with the best possible mail deliver service," Sullivan added.

The postal service is also asking customers to send out mail early in the morning during the holiday season.

Insurance commissioner: Health insurance enrollment going ‘much better now’

Nearly two months after the health insurance enrollment window opened through the federal exchange serving West Virginia, state Insurance Commissioner Mike Riley reported progress for those seeking coverage.

“It is operating much, much better now and people are successfully enrolling through the website,” said Riley of healthcare.gov, the federally-run enrollment portal for West Virginia and more than 30 other states.  The enrollment period continues until March 31, 2014.

Health insurance companies in the Mountain State offered early renewals to people with plans that could have been subjected to cancellation under the Affordable Care Act.

Only those enrolling with Highmark Blue Cross Blue Shield are eligible for federal subsidies.

Those with the Consumer Services Division of the West Virginia Offices of the Insurance 
Commissioner are also available by calling 1-888-879-9842.

Ag Commissioner Pushing for Deer Farms in W.Va.

West Virginia Agriculture Commissioner Walt Helmick wants his department to have oversight of deer farms.

Helmick believes deer meat sales could create jobs and economic development in the state.

The concept of deer farming is already a multimillion-dollar industry in neighboring states such as Pennsylvania and Ohio.

Helmick served in both the House of Delegates and the state Senate and says the issue has come up before in the Legislature without success.

He says there seems to be enough support now to get lawmakers to agree on the issue.

Helmick says a bill will be introduced early in the 2014 session.

He says the state Division of Natural Resources would still regulate the wildlife aspect of deer, including hunting licenses and hunting seasons. 

Group in Chapmanville, WV to serve free dinner on Thanksgiving

  

A group of volunteers in Chapmanville, WV will be serving up a free Thanksgiving Day meal.

The In Action Group is planning to serve a traditional Thanksgiving meal to anyone who stops by.

The group still needs volunteers to help with things like cooking, cleaning up and serving the food.

There are two meal locations this year. People can eat a meal at Chapmanville Middle School or at the No. 7 Holden Freewill Baptist Church.

Meals will be served from 11 a.m. to 3 p.m.

They'll also be delivering meals to people who are unable to leave their homes to make it to one of the locations.

If you would like to volunteer or if you need to have a meal delivered to your home because of a disability call Ronald Lee Jones at 304-687-9520.

New Sheriff’s Department Detachment Approved in Lincoln County

The Lincoln County Commission has approved a new detachment for the sheriff's department.

It will be located in Alum Creek right beside of Holden's restaurant.

The sheriff says he plans to have deputies stationed there to better serve that part of the county.

The Assessor's Office will also use the office one day a week. People will be able to pay their personal and property taxes during that time.

The department's headquarters will still be located in Hamlin.

Logan County Man Sentenced on Federal Arson Charges

A Logan County man has been sentenced to 6 ½ years in federal prison for burning his duplex to collect insurance money.

U.S. Attorney Booth Goodwin says 58-year-old Michael L. White of Chapmanville was sentenced Thursday. White had been convicted of conspiracy to commit arson, arson and accessory after the fact.

According to prosecutors, White conspired with Kimberly Dawn Kinder and her now-deceased husband to set fire to a rental unit he owned in Boone County. Evidence showed that after the October 2009 fire, White collected more than $80,000 in insurance claims and paid the Kinders about $2,000.

Kimberly Kinder, also from Chapmanville, pleaded guilty to her role in the conspiracy and was sentenced in June to three years and one month in prison.

Excess Levy Passes in Wayne County

Nearly 80 percent of voters in Wayne County decided to keep the county’s excess levy, after the ballots were counted Saturday night.

The final vote tally was 2,884 votes for the levy and 738 against it.

The levy has been in place for more than 60 years and will not raise taxes for voters in Wayne County. The levy will provide almost $9 million each year for the next five years.

The school board says some of that money will be used for hiring teachers and other employees, in addition to funding textbooks, supplies and utilities.

The levy money is intended to make up for what state funding and local property taxes don’t cover and is based on property assessment. 

Troopers collecting coats, boots for community

Although it is the job of an officer in uniform to protect the public, one detachment of the West Virginia State Police decided to take its duties a step further by collecting donations for needy children. 

The officers are giving back in order to ensure a safe, warm winter for children and those in need in the southern part of the Mountain State. Troop 5 of the West Virginia State Police in Williamson is holding its first Winter Boot and Coat Drive from now until Dec. 2.

The troopers often do a "Toys for Tots" donation drive and will continue to have collection boxes at the usual locations, but this year they also are collecting winter coats and boots for children and others in need.

Businesses also can donate by bringing a collection of boots or coats to any of the detachments affiliated with Troop 5.

Although the coats and boots are meant for young children and they are looking for mostly children sizes, troopers also will accept adult sizes.

Donations of any new or gently used boots and coats in good condition will be accepted at the following detachments during normal working hours, on weekdays: Gilbert, Hamlin, Huntington, Logan, Madison, Wayne and Williamson. 

ARH Purchase of Hospital Would Cause Williamson to Make Cuts

Williamson Mayor Darrin McCormick says the city would be required to make cuts to its police and emergency services departments if the planned purchase of a hospital is completed.

McCormick says the for-profit Williamson Memorial Hospital generates business and occupation taxes for the city. He says if Appalachian Regional Healthcare completes its purchase of Williamson Memorial, the nonprofit ARH wouldn't pay those taxes. McCormick says business and occupation taxes make up 36 percent of the city's revenue.

Last month ARH announced it had signed a definitive agreement to acquire the 76-bed acute care hospital from a subsidiary of Health Management Associates. The acquisition is expected to be completed in February.

Appalachian Regional Healthcare serves 350,000 residents in eastern Kentucky and southern West Virginia

Man out on bail in sexual abuse case in Mingo County, WV

A man accused in a sexual abuse case is out on bond in Mingo County, WV.

According to a criminal complaint issued by the Mingo County Magistrate Court, Gary Adkins was arrested Tuesday, Nov. 19, for sexually abusing a child during the summer of 2012.

The criminal complaint says that Adkins was charged with third degree sexual abuse, third degree sexual assault, and sexual abuse by a parent, guardian, custodian, or person in position of trust of a child.

According to the criminal complaint, Adkins may be linked with sexually assaulting another victim.

Adkins was released on a $150,000 bond.

Williamson, WV Selected as Finalist for Health Grant

One Mingo County town is one step closer to $25,000 dollars thanks to their culture of health.

Williamson, WV was chosen Thursday as a finalist for the Robert Wood Johnson Foundation’s second annual RWJF Roadmaps to Health Prize. Williamson, WV was selected along with eleven other communities from across the nation for their health improvement efforts and will now be considered for the prize, which will be announced June 2014.

The Prize was launched to further the work of the County Health Rankings & Roadmaps program, a collaboration between the Robert Wood Johnson Foundation and the University of Wisconsin Population Health Institute. The program provides data, tools and potential solutions to help policy-makers and the public improve the many factors that influence health in their community.

Two Arrested on Meth Charges in Lincoln County

Sheriff's deputies say they arrested two men this week in connection with separate meth-making operations.

Michael Farris was arrested earlier this week. Deputies say he was running an active meth lab inside a home on Big Harts Creek.

They say the home was filled with a thick, fog-like smoke that spilled outside when they opened the door.

Deputies say Millard Mike Maynard also was arrested Tuesday in connection with an inactive lab.

Both arrests came as the result of tips called into the Sheriff's Department's Anonymous Tip Line.

Mine Proximity Detectors Absent in Most W.Va. Mines

A survey of West Virginia mines shows four percent of underground equipment have detectors that automatically shuts down mobile machinery when people get too close.

The state Office of Miners' Health, Safety and Training conducted the survey in August of 1,800 continuous mining machines, shuttle cars, roof bolters, scoops and other mobile equipment.

It found that 74 pieces of the equipment had proximity detection systems that can prevent miners from being crushed or pinned.

State Mine Safety Director Eugene White says he expects the number to increase as mine operators anticipate a federal rule requiring such proximity devices to be implemented.

The survey also says blind-spot cameras have been installed on 86 pieces of underground equipment.

West Virginia AG joins other states in restitution case

West Virginia is joining 34 other states in seeking better restitution for children who are sexually exploited.

Attorney General Patrick Morrisey announced Wednesday that the state had signed on to an amicus, or friend of the court, brief in the U.S. Supreme Court.

Morrisey and a bipartisan group of attorneys general filed the amicus brief to give full effect to the Crime Victims’ Rights Act.

The Act was passed by Congress to protect victims and ensure they are able to fully recover the costs and economic losses caused by child pornography.

The brief argues that the Act mandates that district courts order people convicted of child exploitation crimes to pay restitution to the victim to cover any costs related to medical or psychological services; physical or occupational therapy or rehabilitation; lost income; transportation, housing or child care costs; attorneys’ fees; and any other losses suffered by the victim as a result of the offense.

In addition, the states argue in the brief that the language in the Act is clear, and that the purpose of the Act is to ensure that victims of child pornography receive the full restitution they deserve.

Oral arguments from all parties in the case are expected to be presented before the Supreme Court sometime in January.

Former Youth Group Leader Charged with Alleged Sexual Abuse

A former youth leader at a church in Mingo County is facing alleged sexual abuse charges.

West Virginia State Police say the suspect, 52-year-old Gary Adkins, is accused of inappropriately touching a 7-year-old female relative.

Adkins was charged Tuesday.

According to the criminal complaint, the 7-year-old told investigators Adkins had sexually abused her.

The complaint says the alleged activity took place at Adkins' home along Upper Sheppard Town Road in Delbarton during the summer of 2012.

The complaint says the girl's mother told investigators she had alarming changes in behavior.

During the investigation, troopers talked with a 28-year-old female relative who said Adkins had also inappropriately touched her when she was about 7-10 years old.

The complaint also mentions an interview with the victim’s 13-year-old brother, in which he said he witnessed Adkins inappropriately touching his sister.

According to the complaint, Adkins faces three separate charges: two third-degree sexual abuse charges and sexual abuse by a parent, guardian, custodian or person in a position of trust of a child.

Adkins had been a minister at Parsley Bottom Freewill Baptist Church up until a few months ago and had earlier worked as a youth group leader there, church members say.

Adkins is out of jail on bond.

Investigators say if there are any more victims, they are urged to contact State Police.

Medical marijuana discussed by lawmakers Wednesday

A proposal to allow medical marijuana is once up for discussion by state lawmakers.

A possible proposal was examined by lawmakers Wednesday during an interim committee on health meeting at the State Capitol. A bill was previously rejected last year before it reached a vote.

During the meeting legislative staff attorney Charlie Roskovensky briefly explained the proposal and then entertained questions from lawmakers.

Under the proposal, Roskovensky explained how people would need to acquire a registration card in order to obtain marijuana, and that would start only through a relationship with a doctor.

“The doctor would make a recommendation that medicinal marijuana could prove useful to that particular patient,” he explained. “That patient would then take that certification and get their registration card from DHHR.”

There was concern raised during the meeting on whether people could be able to obtain fake cards and Roskovensky believed that it could happen but was unsure on how easy it would be to do so.

In addition, the proposal would not allow people to grow the drug themselves, but rather they would have to acquire it from state-created Compassion Centers.

“There would be five created in the first year and then those Compassion Centers would be regulated by the state where individuals could go there to get their product instead of growing it themselves,” Roskovensky said.

If West Virginia was to legalize medical marijuana, it would join with 20 other states and Washington, D.C. that have already done so.

But even if the state passed a law legalizing medical marijuana, Roskovensky said an individual could still be prosecuted at the federal level if the government chose to do so. Currently medical marijuana is illegal federally, but the government has chosen not to prosecute it.

Roskovensky could not explain all the details of the proposed legislation during the meeting as the proposal was in rough format and would need considerable massaging from lawmakers.

The issue could next be discussed at the 2014 Regular Legislative Session scheduled to begin in January.

Mingo County, WV child molester sentenced to 30 years for producing child pornography

A Mingo County pedophile who sexually assaulted a child, videotaped the abuse and copied the video onto a DVD that was later discovered inside of a rental computer in July 2012 will spend 30 years in prison. A judge sentenced Paul Silas Jenkins, 33, of Williamson, to the maximum followed by a lifetime of supervised release, according to a news release from U.S. Attorney Booth Goodwin. Jenkins had pleaded guilty in August to producing child pornography.

Between some time in 2010 and December 2011, Jenkins established a relationship with a minor between the age of 12 and 16 years old according to the same news release. During that time, Jenkins made the minor perform sexual acts with him and then produced a video of it. Jenkins copied the video to a DVD and it was discovered inside a rented computer that was returned to a Rent-A-Center located in Pike County, Kentucky.

During Wednesday's sentencing hearing, the judge said hat Jenkins "ravaged and raped" the young victim. The judge called Jenkins a "danger to the community." Jenkins will serve his federal sentence at the same time he's already in prison after state convictions on two counts of second degree sexual assault of two other minor children.

Logan given permission to use federal funding for demolition work

The City of Logan will be allowed to use federal funding to acquire and demolish five residential properties damaged in severe storms.

Governor Earl Ray Tomblin and Congressman Nick Rahall Wednesday announced the Federal Emergency Management Agency (FEMA) provided a waiver to permit the city to use federal funds to perform the necessary work.

With the waiver, city officials will demolish five residential properties on Pine Street in Logan and permanently close the roadway. The waiver also includes permitting the city to pave seven city-owned streets.

Under the agreement, the roadway will not be eligible for Public Assistance funding in any future major disaster or emergency declarations.

Pine Street sustained considerable damage from severe storms, flooding, mudslides and landslides between March 15 and 31, 2012, making repairs and restoration difficult and costly.

Rahall contacted FEMA Director Craig Fugate directly and pressed the agency for the waiver.

Old Court Cases Still Need Reviewed Following Corruption in Mingo County

With court cases piling up, Mingo County is trying to move forward. However, its past keeps coming back to haunt it -- and slowing down the process.

Back in August, about more than 100 court cases in need of review by the prosecutor's office.

The reason for this was Michael Thornsbury, who was circuit court judge at the time, had rigged the grand jury in 2009.

Michael Sparks was prosecutor at the time. He has since resigned and pleaded guilty in a separate case of corruption.

His replacement, Teresa Maynard, now has the burden of reviewing those cases.

She says she's picking up where Sparks left off.

Maynard says so far, her office has only received a handful of requests from those who want their cases retried, but she does anticipate more.

She says she hopes to hire another prosecutor this week to help with the workload.

County clerks want to change vote canvassing system

State lawmakers may consider legislation next year that would eliminate the hand vote canvassing process as it takes place now after each election in West Virginia.

A bill supported by the West Virginia County Clerks Association was approved by a legislative interim committee Tuesday, giving it a push for possible consideration in next year’s regular legislative session.

County commissions are now required to be on a canvassing board that hand counts a number of precincts within a few days following an election, checking for accuracy of the final vote totals. Supporters of the bill claim there’s no longer a purpose for the hand canvass because of very accurate vote counting machines.

Kanawha County Commission Attorney Marc Slotnick told lawmakers Tuesday the machines are checked at least three times an election for accuracy.

“They’re checked at a public test. They are checked at a pre-test right before the election. They are tested after the election and then they are checked at the canvass when we add those various ballots,” Slotnick said.

The vote canvassing following the Nov. 2012 election took 12 hours in Kanawha County. Slotnick said it’s more difficult to get an accurate count from county officials than machines.

“So we have human beings who are sitting there trying to count and you know what the ballot looked like last year, when you throw in executive committees and everything else, it takes an incredible amount of time to try and match-up what the computer can do rather rapidly,” Slotnick said.

Harrison County Delegate Sam Cann expressed some concern about the proposal at Tuesday’s meeting.

“Human nature is human nature and I have some reservation because there are so many darned smart people out there,” Cann said. “If they know there’s not a check they get smarter.”

The proposed bill keeps the state’s recount system in place. A candidate can ask for a hand count or an automated count.

The 60-day regular legislative session begins in early-January. This week’s interim committee meetings run through Wednesday.

‘A lot of concerns’ about West Virginia’s economy

The director of West Virginia University’s Bureau of Business and Economic Research said there is no one economic solution that will work in every part of West Virginia.

John Deskins said that is something lawmakers will have to keep in mind when the 2014 Regular Legislative Session begins in the New Year.

“We have a lot to be happy about in terms of the economy in this state.  We’ve gotten a lot of good news over the past few years.  We’ve had growth that has outpaced the national rate of growth, in many ways.  That’s good news, but we also have a lot of concerns,” said Deskins of the state’s economic forecast into the future.

Those concerns include a population decline that is expected to continue while, at the same time, the people remaining in the Mountain State get older and, in some cases, unhealthier.

“For some of those areas, it’s hard (to address the issues),” said Deskins of the regions in West Virginia that have experienced major industry losses over decades.

While West Virginia is expected to post steady job growth during the next few years, Deskins said many of those economic improvements will be exclusive to Morgantown and the Eastern Panhandle, the areas which are doing the best, economically, statewide.  Recent forecasts for those specific areas were positive.

Other parts of the state are not doing anywhere near as well.  Some counties have posted very little to no economic growth recently.

“Our growth isn’t consistently distributed across the state.  We have some regions that are growing really healthily and some regions that aren’t growing at all,” said Deskins.  “It’s very hard for (statewide) policy to fix every single area in the state.”

The 2014 Regular Legislative Session starts in January.

Most West Virginians oppose prescription requirement for pseudoephedrine

Lawmakers are again expected to look at a proposal that would require prescriptions for medications containing pseudephedrine, a key meth ingredient, when the 2014 Regular Legislative Session begins in January.

Those opposed to the possibility are bolstering their arguments, ahead of the session’s start, with a new poll of West Virginians from Mark Blankenship Enterprises.

That poll found 56 percent of West Virginia voters oppose legislation requiring a doctor’s prescription for cold and allergy drugs, while 40 percent of those questioned said they would support such a law.

About 65 percent of the participants in the poll said it would be somewhat or very inconvenient to have to get a doctor’s prescription to buy drugs like Claritin D, Advil Cold and Sinus or other common cold and allergy medicines that are now available over-the-counter.

Carlos Gutierrez, senior director of government affairs for the Consumer Healthcare Products Association (CHPA), said the poll’s results echo what he’s seen nationwide.

“The vast majority of voters, Americans, West Virginians, they oppose a prescription requirement for an already FDA approved, very safe, very effective medication that is currently affordable and accessible,” he said.

His organization represents over-the-counter drug companies and has worked against legislation, here in West Virginia and across the country that would require prescriptions for drugs containing pseudoephedrine.  CHPA commissioned and paid for the poll.

“Folks are really getting a little bit worn out on legislation that is crafted all on behalf of a small, criminal minority and the vast majority of West Virginians who buy pseudoephedrine, I’m convinced, are not criminals,” said Gutierrez.

Of those questioned in the poll, 80 percent said they would support legislation that would keep people convicted of meth crimes from buying medications, containing pseudoephedrine, for ten years.

State law already limits pseudoephedrine purchases in West Virginia.

Proposals requiring prescriptions for drugs containing pseudoephedrine are expected to be introduced when the 2014 Regular Legislative Session begins in January.  The prescription requirement is already in place in Oregon and Mississippi.

Supporters of it have said the change would help reduce the number of meth labs in operation in West Virginia.

Emergency squads fear funding loss

Emergency Service providers across West Virginia fear a measure backed by the Tomblin Administration which is aimed at saving money in Medicaid could threaten their ability to survive. The administration advocates a policy which would enable the private transport of non-emergency patients be handled through private ambulance brokers. Emergency Service providers say the governor’s office is  targeting the wrong area.

“The problem is 75 percent of the cost of the program and the majority of the fraud is a ‘friends and family program,’” said Chris Hall with the West Virginia EMS Coalition. “Johnny driving his grandmother to the doctor and West Virginia reimbursing him for what most of us would do as the responsible thing.”

However, to combat the problem, non-emergency transport by non-profit Emergency Medical Service providers is being targeted. The non-emergency transport patients represent 30 to 40 percent of the EMS revenue.

“It would cut our non-emergency trucks and it has the potential to affect our emergency trucks in the rural area,” said Trish Watson head of the Lincoln County Emergency Medical Services.

Emergency leaders fear brokers will cut service in rural ares where profits are slim and many West Virginians in rural communities would eventually be without service or at least service would have sub-par service and long waits for help which would be further away.  It’s possible the county EMS units could be the contractors for the broker, but even that won’t solve the problem.

“All brokers are for profit entities, so they could bring in their own companies or they could contract with us,” said Watson. “DHHR keeps saying they’ll contract with us, but essentially we’ll be doing the same work for less money. If we’re already underfunded, less money isn’t a positive effect.”

The group rallied at the State Capitol on Monday hoping to persuade the administration to consider exempting emergency service transports from the cost cutting measure.

Railroad Closed in Wayne County

Two sets of railroad tracks are missing on a busy section of coal carrying tracks in Wayne County.

The slip is on Norfolk Southern tracks about a half mile south of Docks Creek Road along U.S. 52 (Tolsia Highway).

Railroad crews are working around the clock repairing the two sets of tracks that have slipped down the banks of the Big Sandy River.

About 40 feet of the two tracks are completely missing where the slip occurred sometime over the weekend.

Trucks and trains are bringing in tons of rock to fill in and support the hillside where the slip happened.

Norfolk Southern had no comment on the slip

U.S.52 (Tolsia Highway) is open, but traffic is moving slowly through that area.

Ex-Mingo prosecutor had ‘no viable defense’

Former Mingo County Prosecutor Michael Sparks said Monday during his guilty plea to a federal crime that he had “no viable defense” for what he did.

Sparks, 44, admitted he violated a man’s constitutional rights in order to protect former Mingo County Sheriff Eugene Crum. He now faces up to a year in federal prison when he’s sentenced Feb. 24.

Sparks had no comment when he left the federal courthouse in Charleston.

Federal prosecutors said Sparks and former Mingo County Circuit Judge Michael Thornsbury, who also has been convicted of a federal crime, urged accused drug dealer George White to get a different attorney and then he would get a better deal in court. White’s other attorney was urging him to speak with federal investigators about Sheriff Crum’s alleged drug habits.

Sparks has resigned as prosecutor and surrendered his law license. He now has a job in Pikeville, Ky., awaiting his sentencing.

Sparks has promised to continue to cooperate with federal investigators in the ongoing Mingo County probe. He has been granted limited use immunity.

U.S. District Judge Thomas Johnston took the plea and will sentence Sparks. He’ll have a range that cannot exceed one year in federal prison. Sparks also faces one year supervised release and a $1,000 fine.