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Abernathy Strategies
RepublicanGazette
Friday, April 11, 2008 "When news breaks, we fix it" Published daily except some days
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Starcher-Ketchum calls just before, after Maynard-Blankenship photos
Timeline of events
(The following timeline details events
which may or may not be connected.)
Dec. 6, 2007 -- Menis Ketchum holds a fundraiser in Huntington, raising about $200,000 for his Supreme Court race.
Dec. 12, 2007 -- Ketchum formally announces his candidacy for the West Virginia Supreme Court.
Dec. 20, 2007 -- Justice Larry Starcher announces he will not seek reelection.
Jan. 11, 2008 -- Starcher begins a series of 11 calls over the next week to Ketchum. Ketchum claims he wanted to verify that his "close friend" was not running, and Starcher says he was offering Ketchum advice on "who he might ask to help with his campaign..."
Jan. 14, 2008 -- Photographs showing Justice Spike Maynard and Massey CEO Don Blankenship vacationing together in Monaco are filed with the Court by lawyers involved with the Harman/Caperton/Massey case.
Jan. 18, 2008 -- Justice Spike Maynard recuses himself from that case (and eventually all Massey cases).
Feb. 11, 2008 -- Starcher sends a fax to Ketchum, both men claiming it was in regard to a U.S. Supreme Court decision allowing judicial candidates to discuss political issues.
Feb. 15, 2008 -- Starcher recuses himself from the Harman/Caperton/Massey case, citing the "appearance of impropriety." But he has not recused himself from other Massey cases.
Starcher admits use of taxpayer-paid phone, fax to help Ketchum with campaign; explanations make little sense in light of timeline of when various events happened
Explanations offered by Justice Larry Starcher and Supreme Court candidate Menis Ketchum for a flurry of phone calls in January between the pair don't add up based on a timeline of events easily accessible in the public domain.On Thursday, the West Virginia Record reported that Starcher used his state-issued cell phone to call Ketchum 11 times between Jan. 11-17, and sent Ketchum a fax on his state-issued fax machine on Feb. 11.Starcher told the Record, "I have spoken with Mr. Ketchum about who he might ask to help with his campaign, or talk with in a given community." In other words, Starcher was assisting Ketchum in campaign activity.Starcher also said, "Menis Ketchum is a fine lawyer, and we have been good friends since law school." That admission naturally raises questions about how many cases Starcher has heard over the years involving Ketchum, when in fact the justice should have recused himself, based on a similar standard being applied now to Justice Spike Maynard's friendship with Massey Energy CEO Don Blankenship. Referring to the phone calls in January, Ketchum told the Record, "I was making sure that he (Starcher) was not going to run for re-election. He was my next-door neighbor in law school, and I did not want to run against a close friend."Now for the rest of the story.In fact, Ketchum announced his own candidacy for the Court a full month earlier, on Dec. 12, 2007. And six days before that, Ketchum had held a fundraiser in Huntington, raking in about $200,000 -- not the actions of a candidate with doubts about whether he would run.Starcher followed Ketchum's announced candidacy with an announcement in a press release just a week later -- on Dec. 20, 2007 -- that he would not seek reelection. So who was running and who was not was settled back in December, long before the flurry of calls between the two in January.What other court-related events were happening the week of Jan. 11-17, 2008? The big item seems to be the infamous photos of Maynard and Blankenship vacationing in Monaco, which were filed with the court on Monday, Jan. 14. So, Starcher began calling Ketchum on Jan. 11 -- three days before the photos were filed by lawyers in the Harman-Caperton case against Massey -- and continued to call him a total of 11 times through Jan. 18. During the Watergate hearings, Sen. Howard Baker became famous for asking the question, "What did you know, and when did you know it?"Why is the Harman/Caperton case the only Massey-related case Starcher has recused himself from due to the "appearance of impropriety?"
And when did Starcher recuse himself? On Feb. 15, four days after the Record says that Starcher sent a fax to Ketchum -- a fax both men claim was "a copy of a U.S. Supreme Court decision, Republican Party of Minnesota vs. White."In that case, the Court ruled that "Minnesota's requirement of judges not to discuss political issues was unconstitutional." So, Starcher was apparently offering Ketchum -- at taxpayer expense -- documentation that it was ok to discuss political issues while campaigning for the Court.But Ketchum is a longtime, experienced trial lawyer, presumably with a vast law library and resources of his own, making it odd that he required Starcher to provide him with a copy of a well-known U.S. Supreme Court decision. Incidentally, Kanawha County Prosecutor Bill Charnock was investigated by the Legislature for allegedly misusing equipment at the Prosecuting Attorneys Institute -- equipment only partly paid for with tax dollars -- for campaign purposes. Ethics charges were brought, and Charnock was eventually forced to resign over the matter. Will the same standard be applied?Weeks puts Manchin, state on notice
Republican gubernatorial candidate Russ Weeks on Thursday sent notices of intent to bring suit to Gov. Joe Manchin, the leaders of the West Virginia State Legislature and other state agencies in regard to the pay raise bill passed during the 2008 session that contained a provision for retroactive per diem payments. Under West Virginia law, state agencies must be notified at least 30 days in advance that a lawsuit will be brought against them.The notice says, in part, “It is the contention of Mr. Weeks and all others similarly situated that the action of the Legislature and the payment of member warrants ... constitutes an illegal and/or unconstitutional act or conduct which has previously been held improper under West Virginia law.”
“It appears that only the threat of legal action can convince our government leaders to do the right thing,” said Weeks. “Someday, maybe that will change. Until then, someone has to stand up for the average West Virginian.”Report from Morgan still missing
A campaign finance report from Jefferson County Commissioner Rusy Morgan had still not been posted by the end of the day Thursday, raising questions about whether he has filed the required report, which was due, or at least had to be postmarked, by April 4.Three other candidates for the 16th District State Senate seat -- Bob Adams, Herb Snyder and Ron Moltere -- were all filed on time. Moltere dropped out of the race earlier this year after discovering he was not registered to run as a Republican.Howell's fundraiser last week drew crowd, money
Gary Howell, Republican candidate for the 14th District State Senate seat being vacated by Jon Blair Hunter, held his first fundraiser last week and drew an impressive room full of supporters who donated generously to his efforts.The event in Keyser, in Mineral County, drew participants ranging from Republican gubernatorial candidate Russ Weeks to State Sen. Dave Sypolt to several local and county officials. To read an account from someone else who attended, click here.