Tag Archives: corruption

BREAKING: State Police HQ SEARCHED by Governor

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The biggest police scandal in the country right now is going down in West Virginia – and almost nobody even knows about it. It hasn’t made national news yet. One reporter in West Virginia exposed it and things have escalated. This is another one of those cases where this Youtube channel has inadvertently helped to expose government misconduct. This goes to show what an absolute necessity free speech is to our freedom. 

A couple weeks ago I released an anonymous whistleblower letter from a state trooper, making specific allegations against the top leadership. I had no idea this would happen, but apparently that kicked off what is essentially a civil war inside the West Virginia State Police that seems to have been brewing. Since my first video on this with the whistleblower’s allegations, that whistleblower has been arrested. His lawyer is alleging a coverup conspiracy going all the way to the top of the state police. 

Now, more breaking news, as of last night it was revealed that the Governor has ordered the seizure of the cell phones and electronic data of almost all the top leadership at the state police. Crazy, crazy stuff. This is big. People should know about this, because the implications are enormous.

On February 17, I posted a video with breaking news about the scandal at the West Virginia State Police, publishing for the first time the salacious details being alleged. I’ll link that video in the description, as well as the link to the letter itself. 

Here’s my original video:

The initial version of that video title included the allegation that the head of the state police had been terminated. Within hours of the posting of that video, I was contacted by his attorney and told that he had in fact not been terminated, demanding a correction, which I did. It apparently started to snowball from there. I started getting all sorts of contacts from current and retired law enforcement officers with messages of support, as well as additional information. 

Then I started getting additional anonymous letters. I didn’t publish any of those and I don’t intend to at this point. Instead, not really wanting to be within the middle of a law enforcement civil war, I provided those letters to the appropriate authorities. Maybe the time will come that that will happen. One of those letters, however, made reverse accusations against the trooper later disclosed to be the alleged whistleblower, Joey Comer. That was the first time I heard his name; never talked to the guy. He’s not the one who gave me the letter. 

But I did start to hear through my contacts that the whistleblower, or whistleblowers – because it seemed to me that it was more than one individual, from the amount of information provided – were worried that retaliation was coming. 

Then, sure enough, on February 24, 2023, the leadership at the WVSP issued a press release announcing that the alleged whistleblower, Joseph Comer, a current member of the West Virginia State Police, was arrested and charged with domestic battery and felony strangulation.

Okay, wow. So they arrested the whistleblower. But there’s more…. 

Then, on the same day, February 24, 2023 the attorney for the alleged whistleblower gives an interview to the media alleging that the arrest was in retaliation because he was the suspected whistleblower. Before we get to the allegations against Comer, let’s look at the timing. He was arrested the day before he was scheduled to testify at a hearing in front of an administrative law judge about “corruption that was going on” within the state police. Comer’s lawyer said that the “top brass” of the state police had been subpoenaed to testify at that hearing, where they had intended to expose their misconduct through evidence in their possession. 

So this hearing is set to take place Friday morning. Thursday afternoon at 4:12 p.m., an attorney for the state police filed a motion seeking to prevent the agency’s top staff from having to testify and be subjected to questioning. Then at 11 p.m. Thursday night, the whistleblower received a call from other state troopers telling him they were coming to his home to pick up his gun and his badge because there had been a domestic violence protection order filed against him. 

Comer’s lawyer said that the head of the state police had traveled to the vicinity where his client worked as a trooper and told several people that he knew who the whistleblower was, and that he had a hearing on Friday morning, and that he was going to “take care of him.” 

The underlying allegations that they arrested the alleged whistleblower on were domestic violence in nature. According to a criminal complaint filed in Ritchie County Magistrate Court, on Dec. 5, in the gravel parking lot of the Sleep Inn in Ellenboro, Comer grabbed a woman around her neck during a scheduled child custody exchange. The woman reported that she had bruises on both sides of her neck. The alleged incident resulted in the strangulation charge, a felony. The second criminal complaint alleges that on Dec. 12, 2022, in the gravel parking lot of the Sleep Inn in Ellenboro, a woman said she was struck in the head with a sippy cup that Comer threw at her during a scheduled child custody exchange. The woman told troopers that the incident left her with a black eye, according to the court documents. The records do not indicate if the woman who reported both alleged incidents is the same person, but sources say the alleged victim, who is also a trooper, shares a child with Comer. One of the anonymous letters I received said something to this effect. 

One of the important constitutional issues that the Institute for Justice is currently litigating is the ability to sue the government when they file criminal charges against someone in retaliation for their protected speech. There’s some bad law out there saying that, if probable cause exists, no matter the bad motive, you can’t sue them for First Amendment retaliation. Even if it was. 

Here, there’s a similar concern. Certainly the state police didn’t create the allegations whole-cloth. But let’s look at the dates. One of the incidents is alleged to have occurred on December 5; the other on December 12. Yet they didn’t charge him until February 24 – the day before the hearing at which he was set to expose corruption among the state police leadership. Moreover, the alleged victim of those incidents is herself a state trooper. I would agree with Comer’s lawyer, that just doesn’t even pass the laugh test. 

I was told that more was coming out. Well, last night it did. Last night a third media report came out and it’s a bombshell. I had been hearing that this was occurring, but now it’s verified. Last week, the main headquarters of the West Virginia State Police was searched by the Department of Homeland Security. That’s the state-level DHS. This was done at the order of the Governor. Here’s the actual order from the Governor, ordering: 

Cahill, the head of the state police, was directed by the Governor to grant any and all necessary access to systems or data that was requested.

The media outlet obtained one of those duty logs and posted in their story on their website. They’ve since deleted the screenshot, but I saved it. It’s a duty log entry from Sgt. B.L. Keefer addressing the search and attempted apprehension of Comer when the warrant was issued for his arrest on Feb. 23.

In the duty log entry, Keefer wrote that he was called at home to contact/locate Comer and “relay him to WVSP Parkersburg, under the premise of him being served with a DVP.” Keefer wrote that he spent several hours searching for Comer and learned that “senior staff was attempting to ‘ping’ his cell phone and utilize LPRs in searching for Cpl. Comer’s whereabouts.” The log entry indicated “WVSP senior staffers” had discussed calling out additional manpower.

The sergeant wrote that he had been advised Comer had a hearing the next morning at State Police headquarters, where he could be “easily served at that time, with his legal counsel present.” “Additionally, this sergeant, still under the assumption that his search was still centered around a DVP service, believed that the orders originating at WVSP HQ were definitely overkill based on the very small bit of information he had been previously provided,” Keefer wrote. Despite all of this, Keefer said he continued searching for Comer in very desolate areas of Jackson County, near Comer’s home. Keefer said he was not able to locate Comer but learned the next morning that there were actually felony and misdemeanor warrants issued for his arrest, along with the DVP.

“This sergeant is now strongly questioning the decision by the WVSP senior staff in not informing the sole member they sent to locate Corporal Comer, and not informing this sergeant of the felony and misdemeanor warrants, that were most assuredly in effect at the time of the search,” the entry stated. “This sergeant has since learned that the WVSP senior staff has taken the position that they were afraid that Corporal Comer was a ‘threat’ that needed immediate attention, but failed to inform the very member that they ordered to ‘bring him in.'”

Keefer went on to question why, if Comer was considered a threat, he was not provided with the information as part of officer safety protocols. “If Corporal Comer had truly been a ‘threat,’ and any information had leaked to him from the ‘victim’ or any other person who had information that this sergeant most certainly was not provided, then that placed this officer at an undue risk, and that is inexcusable,” Keefer wrote. Keefer ended the entry by writing, “This sergeant is making this note on the duty log as an abridged history, and record, of this event, as the current WVSP administration efficacy and trustworthiness is called into question.”

So, it sounds like the trooper they sent to arrest the alleged whistleblower, is now himself blowing the whistle, implying that the arrest was political and corrupt and in retaliation against Comer. If this is the case, it appears that the evidence has now been seized. Are they going to find communications between the state police leadership and others about locating and arresting the alleged whistleblower either in retaliation for what he disclosed, or to prevent him from testifying at the hearing the following day?  I’d love to read through those text messages and emails. How much do you want to bet there are communications about yours truly? Maybe I’ll get to find out eventually. 

One thing people have already asked me: did they need warrants to seize evidence from the senior state police staff? In general, I can answer that. I once had a case where we sued a sheriff for placing a GPS tracker on a deputy’s cruiser without a warrant, and then using that data to indict him on numerous felonies. The result in that case was that the federal court said that since the agency owned the cruiser, and the investigation was technically employment related, that no warrant was needed. I suspect the present situation would fall within those same parameters and therefore no warrant is necessary. 

The state Department of Homeland Security is currently investigating the matter and is expected to conclude no later than April. If you have information you want to provide, you can find my contact information at thecivilrightslawyer.com, where I will also post links to the stories I discussed in this video. 

This issue is important because the major problem with policing in America, in my opinion, is the lack of accountability. Here in West Virginia, when politicians, or judges, or lawyers get investigated and are found to have engaged in misconduct, that becomes public record. The public can see the reports; the conclusions. Law enforcement? Not so much. They have been able to successfully seal their employment records under the guise of employee privacy. In reality, they are our employees, and we should know about any substantiated misconduct. 

BREAKING: WV State Police Implodes | Whistleblower Tells All

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In the past couple of days, WCHS has been reporting about an anonymous whistleblower letter from someone within the West Virginia State Police, revealing numerous specific allegations of misconduct, mostly by senior staff at the agency. I just obtained a copy of that letter and it’s unbelievable.

Here are screenshots of the actual letter:

Fifth Circuit Gives Qualified Immunity to City Officials After Free Speech Retaliation Arrest of Councilwoman

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On July 29, the U.S. Court of Appeals for the Fifth Circuit released a published opinion in the case of Sylvia Gonzalez v. Edward Trevino, Mayor of Castle Hills that now appears to be headed to the U.S. Supreme Court. This is an important First Amendment Retaliation case where qualified immunity is the key issue. Qualified immunity is the most important issue in the fight for the civil rights of the American people. It must be defeated, which is why you need to learn about cases like this, which the media will never tell you about.

Here’s the opinion:

21-50276_DocumentsDownload

The case is being litigated by the Institute for Justice. They filed suit for the plaintiff, Sylvia Gonzalez, a retired resident of Castle Hills, Texas, who decided to run for city council, and became the first Hispanic councilwoman in Castle Hills history. I spoke with the Institute of Justice attorneys litigating this case on the same day the opinion was released, and they seemed very optimistic about the future of this case at the Supreme Court. 

At Ms. Gonzalez’s first council meeting, she accidentally took home with her petition which had been debated at the meeting. It was laying in her stack of paperwork. It was later discovered that the petition was in her possession, which as it turns out, was technically a misdemeanor crime. The petition sought to remove the city manager. This town has fewer than 5,000 residents. During her campaign, Gonzalez learned that many residents were unhappy with the performance of the city manager. As her first act in office, she submitted this petition to the council. It was entirely unintentional that she ended up taking the petition home with her. She was supporting this petition and had no reason to suppress it or hide it. It was purely unintentional, and it was her first meeting as a councilwoman. 

Well, the city leadership was unhappy with Sylvia Gonzalez. After the mistake was discovered, the mayor, Edward Trevino, requested that a Sergeant in the Castle Hills Police Department file a criminal complaint alleging that Gonzalez took the petition without consent. The first officer to investigate, a Sergeant, determined that no crime had been committed. Well, that was unacceptable to the mayor and the chief, so they turned to a so-called “special detective.” The detective decided that Sylvia committed a violation of Texas Penal Code §§ 37.10(a)(3) and (c)(1), which provide that “[a] person commits an offense if he . . . intentionally destroys, conceals, removes, or otherwise impairs the verity, legibility, or availability of a governmental record.” 

Special Detective Alex Wright obtained a warrant, and instead of using the typical procedure of obtaining a summons, rather than a warrant, for a nonviolent crime, as well as going through the district attorney’s office, the detective instead obtained a warrant and hand-delivered it to the magistrate himself. The use of this process prevented Sylvia from using the satellite booking function of the Bexar County Jail system, making her unable to avoid spending time in jail when arrested. 

There is clear evidence here that this was done with a retaliatory motive, in response to Sylvia Gonzalez’s support of the petition to remove the city manager and disturb their swamp status quo. Sylvia’s arrest enabled the city leadership to remove her from office, as well as to intimidate, punish, and silence her. There was plenty evidence of this. In fact, Sylvia was charged under a statute that has never before or since been used to arrest someone in her position. A “review of the misdemeanor and felony data from Bexar County over the past decade makes it clear that the misdemeanor tampering statute has never been used in Bexar County to criminally charge someone for trying to steal a nonbinding or expressive document.” Indeed, most indictments under the statute involved fake government IDs, such as driver’s licenses, social security numbers, and green cards. 

But here was the big problem: technically there was probable cause to charge her under the statute that was charged. So the question is, can law enforcement arrest and prosecute Sylvia in retaliation for her protected free speech, so long as probable cause exists to do so? In other words, this is like a mayor ordering the arrest of a political opponent for some minor crime like jaywalking, where technically the crime was committed, but where there never would have been any prosecution at all, but for retaliation against free speech. This is the dispute, and there is a split in the federal circuits. 

In the 2018 U.S. Supreme Court case of Lozman v. City of Riviera Beach, 138 S. Ct. 1945, 1954 (2018), the Court held that a municipality could be liable under a Monell Claim where its leadership decides to selectively prosecute a particular person in retaliation for their speech. The federal circuits have differed on how broadly to interpret this holding. The Fifth Circuit, in last week’s opinion, has chosen a narrow interpretation. 

The jaywalking example is the ideal example, which was discussed in the opinion:

“If an individual who has been vocally complaining about police conduct is arrested for jaywalking,” the claim should not be dismissed despite the existence of probable cause because “[i]n such a case, . . . probable cause does little to prove or disprove the causal connection between animus and injury.” 

 The Court “conclude[d] that the no-probable-cause requirement should not apply when a plaintiff presents objective evidence that he was arrested when otherwise similarly situated individuals not engaged in the same sort of protected speech had not been.” 

Basically, their conclusion was that since no prior council-person had been prosecuted by the city for taking a petition home with them, then there was no evidence to support a theory of retaliatory selective prosecution. This is of course, absurd. This is like saying that law enforcement may engage in retaliatory prosecutions, so long as they choose a creative statute that has never been used before against the same type of defendant. 

The fact is, that Sylvia Gonzalez engaged in highly protected First Amendment conduct, and that as a result of that conduct, a conspiracy of government officials took a material adverse action against her for purposes of retaliation. This is already prohibited under federal law. As the dissenting federal judge noted in his dissent, the police officers and city leadership have been on notice of a string of legal authority, dating all the way back to 1689, that it’s unconstitutional to jail people in response to their petitioning the government.

Hopefully the U.S. Supreme Court will overturn this. The Institute of Justice is doing some great work, not just in this case, but in many different cases across the country. They are likely even jumping into one of my cases, so stay tuned for that. Check out the youtube video the Institute did on the Gonzalez case, back when they first started. There’s a donation link. They need donations now, more than ever. Please donate, if you want to help fund the fight against qualified immunity and government corruption. Here’s the Institute’s video on the case, with donation link:

Here’s the district court order, which originally denied qualified immunity, and which the defendants appealed to the Fifth Circuit:

Gonzalez-Order-Denying-MTDDownload

And here’s the IJ’s response brief to the motion asserting qualified immunity to the district court, which is fantastic:

Gonzalez-Response-to-MTDDownload

“Hammered” Drunk Police Chief Gets Ride Home and a “Talk” Instead of DUI

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Hazelwood, Missouri Police Chief Greg Hall, who had been with his department for 43 years, and who was chair of the St. Louis Area Police Chief’s Association in 2019, was pulled over by another police agency on May 28 for a traffic stop. He was “hammered drunk.” Was he carted off to the jail like you or I would have been? No. He was personally driven home by the police chief of that agency instead. But don’t worry, the colleague police chief promised that, “he and I are going to have a long talk on the way home.” By the way, Chief Hall made $118,000.00 last year. A few days after the traffic stop, he retired. As of an investigative report by the St. Louis Post-Dispatch yesterday, July 14, they confirmed that Chief Hall had not even been charged as of yet. Remember, the stop was on May 28.

O’Fallon Police Department Officer Nathan Dye initiates a traffic stop on a vehicle he later describes as “dodging sniper fire,” referring to excessive weaving on the road. The driver, almost from the very beginning, identifies himself as a the chief of police in Hazelwood. Obviously aware that the body cam is rolling, Officer Dye apologetically initiates field sobriety tests. Chief Hall fails them. Next is the breathalyzer, which results in the chief blowing more than 2 and a half times the legal limit.

Officer Dye’s supervisor arrives. He’s brought up to speed on what’s happened. His first question is whether the stop had been recorded on body cam. The supervisor then expresses disappointment that Officer Dye was recording. “Yeah this is a tough day and age, man, you know, when you have, uh, they insist on all these electronic things and technology,” the sergeant says.

Then O’Fallon Police Department Chief Neske arrives, after being contacted off-camera by Officer Dye and his supervisor. The camera was turned off just before Chief Neske arrived. But another video showed what happened. 

So what happened here, is that some animals are more equal than others. This is government corruption. Never forget that police officers are first and foremost, government employees. Agents of your government. They will protect each other. They will utilize protections they have built into the system. However, they will not extend any of those protections to you, the peasant. The only way to root out this cancerous corruption is through public exposure – through video footage and media exposure. Then to a lesser extent, through lawsuits and rare criminal prosecutions. There’s also politics. But that has consistently failed us, and indeed created this problem in the first place. 

We saw this illustrated in this video footage. The younger officer, Officer Dye, who made the traffic stop, obviously wants to do the right thing and is making an effort to do the right thing. But look what he’s dealing with. His supervisor, who has clearly been around the block a few times, knows exactly what he’s doing. Question number one: is there video footage. If you wondering whether justice is served by recording as much video footage as possible of our police officers, there’s your answer. It absolutely is. It keeps them honest, when they wouldn’t otherwise be. That’s your government that wants to sneak around and lie to you. But they can’t when they’re caught on video, as here. Then, as if to one-up the wily-old supervisor, the chief himself shows up to the scene, and just bypasses the middleman. He takes the suspect straight out of detainment, and takes him home. But don’t worry…. He’s going to give him a stern talking-to on the way home. 

Is this new? No, it’s been happening since the days of Julius Caesar. Government is going to government. That’s what it does. The trick is establishing accountability through public exposure.

Remember, in every interaction between a citizen and a police officer, don’t forget that it’s really an interaction between a citizen and his government. Never forget that, and you won’t have to learn that lesson the hard way.

Investigative Report by the St. Louis Post-Dispatch and link to full video.