It’s now up to a three-judge panel
to decide if Kanawha County Prosecutor Mark Plants should be removed from
office. Testimony wrapped up at the Kanawha County Courthouse early Tuesday
afternoon.
The Kanawha County Commission wants
to see Plants gone. Its attorney called about a dozen witnesses over a day and
a half. Its last witness was Lew Brewer, an expert on legal ethics and former
executive director of the state Ethics Commission. He testified that Plants
violated several rules of conduct including: conflict of interest, interfering
in attorney-client privilege, denigrating a public official and interfering
with the administration of justice.
Brewer said no matter what the
outcome of the hearing, Plants’ name and reputation have been tainted and his
office will continue to have problems handling domestic-related cases that are
now being handled by a special prosecutor.
“This conflict will continue. Right
now, it’s indefinite but even after he is tried, because he hasn’t been tried
on those charges, it will continue. It will be a lingering, continuing conflict
once those charges have been resolved,” Brewer testified.
Plants is charged with a pair of
misdemeanors. He allegedly committed domestic battery when he disciplined his
son with a belt that left a bruise and he allegedly violated a domestic
protection order his ex-wife had obtained.
Brewer said those who are
prosecuted by Plants’ office could say they didn’t get a fair trial and victims
might claim his office didn’t do enough to go after their attackers.
Brewer stressed that after Plants
was charged with domestic battery against his son, he should have realized how
serious the situation was and stayed out of further trouble instead of violating
a protective order.
“Even in a set of public officials,
the prosecuting attorney is one of those who is held to the highest of
standards,” testified Brewer.
He went on to say that when Plants
and his office attacked Special Prosecutor Don Morris for how much he was being
paid to handle the domestic cases Plants was disqualified from, it was yet
another violation and a very bad decision.
“You just have to sit there and
suck it up. That’s basically the rule. Yes, it may be cost somebody money. It
may be costing his budget. It may be costing the county budget. But it is
necessitated to comply with the law,” according to Brewer.
Special Prosecutor Morris is being
paid $200-an-hour. Brewer was paid $250-an-hour by the county commission for
his testimony in the case.
Plants’ attorney Jim Cagle went
after Brewer during cross-examination saying Brewers conclusions were
unsubstantiated because the legal expert relied on transcripts from hearings
and yet no verdict has been handed down. At times, the questioning got contentious.
“Remember, remember what
we’re….,”Cagle said.
Brewer cut in, “I’m still reviewing
my response to your earlier question.”
Cagle fired back, “Mr. Brewer, let
me speak. It’s my turn.”
After a short lunch recess, the
county rested its case. Cagle called Plants new wife, Sarah Plants, to the
witness stand. However, the questioning didn’t last long. The three-judge panel
ruled her testimony was hearsay and she quickly stepped down. Cagle then rested
his case.
The judges requested both sides
submit findings of fact and conclusions of law to the panel by Oct. 3. They
will consider all the evidence and, at a later time, rule on whether Plants
should be in or out permanently as prosecutor. No word on how long that
will take. The panel’s recommendation will be forwarded to the state Supreme
Court for final approval.
