Judges seal up a big can of worms.

by SamCogar Fri Feb 15, 2008 9:57 am

Efforts to unseal an investigation of former Kanawha County prosecutor Bill Charnock reached a dead end Thursday when the state Supreme Court declined to hear the case.

The high court's decision was unanimous.

Charnock resigned in March 2007 as part of an agreement with special prosecutor Dwane Tinsley, who was appointed by Kanawha Circuit Judge Paul Zakaib Jr. to look into allegations that Charnock misused state resources while he was executive director of the state Prosecuting Attorneys Institute.

In exchange for Charnock's resignation and promise to never again seek public office, Tinsley agreed not to present his findings to a grand jury.

Tinsley's bill, which was paid by the Kanawha County Commission, came to more than $40,000.

Three former investigators with the prosecutor's office who sued Charnock for wrongful termination in federal court wanted the file unsealed.

Last month, the county's insurance carrier settled with the three fired investigators - David Keeney, Harold Summers Jr. and Roscoe Tucker - for $50,000 each.

Charleston lawyer Jon Matthews, representing the West Virginia Citizen Action Group, joined the investigators' lawyer, Lonnie Simmons, in his efforts to unseal the investigation.

After Zakaib refused to unseal the file in October, Simmons and Matthews appealed the judge's decision to the state Supreme Court.

On Thursday, Simmons expressed puzzlement at the high court's refusal to hear his petition to have the file unsealed.

"The specific document that was sealed by the court was an agreement between the special prosecutor and Bill Charnock," he said. "I'm not aware of any rule, statute or case that would permit a special prosecutor or any prosecutor to enter into a secret, sealed agreement with a potential criminal defendant."

Plea agreements are done in the open to ensure that the public's interests are being served, Simmons said.

http://www.wvgazette.com/News/200802140677