WILLIAMSON - Mingo County Sheriff Lonnie Hannah, running for re-election in the May 13 Democratic primary, is a major player in three cases pending in the state court system.
WILLIAMSON - Mingo County Sheriff Lonnie Hannah, running for re-election in the May 13 Democratic primary, is a major player in three cases pending in the state court system.
They involve, at least in part, controversies involving two companies that county officials hired to help clean up after May 2004 floods: Marcum Trucking Co. and 263 Towing Inc.
Early last month, lawyer Barbara Harmon-Schamberger, who has offices in Clay, sent a letter about her "proposed findings of fact" to a three-judge panel that is considering her request to have Hannah removed from office for "official misconduct."
That panel, named last year by the Supreme Court, consists of Marion County Judge Fred L. Fox II, Upshur County Judge Thomas H. Keadle and Harrison County Judge John Lewis Marks Jr.
The petition seeking Hannah's removal was filed March 23, 2007, by Mingo County residents including Halcy Hatfield, a former Mingo County commissioner, and Larry Hamrick, a former Mingo County school board member and anti-poverty-effort director who also headed Democrats for [Gov. Cecil] Underwood in 2000. In 1988, Hamrick was sent to federal prison on corruption and jury-tampering charges.
In her proposed findings, Harmon-Schamberger, who was Arts and Education secretary under Gov. Gaston Caperton, details efforts by Hannah to issue subpoenas requiring private banks to give confidential financial records of Hatfield's accounts.
Apparently, Hannah suspected Hatfield of receiving payments from the two trucking companies.
The banks that were issued subpoenas by Hannah included Bank of Mingo, B&T Bank, First National Bank and Community Trust Bank, all of which have branches in Williamson.
Each of those subpoenas "constitutes malfeasance and official misconduct" and "were obtained and served by Lonnie Hannah illegally and for the purpose of invading the privacy of ... Hatfield," Harmon-Schamberger argues. "Traditional jurisprudence has always required a court order to obtain bank records."
After the Bank of Mingo made the first objection to Hannah's subpoenas, they were all called back. Yet a month later, Hannah issued a new set of subpoenas for the bank accounts of Hamrick.
Harmon-Schamberger's proposed findings also state Hanna "had improper conversations with grand juries and/or improperly attended a grand jury meeting when he was not a witness" in a case related to John D. Marcum, who owns Marcum Trucking.
Citing those events and noting that Hannah "routinely disregarded" Mingo County Circuit Court orders to pay the two trucking contractors, Harmon-Schamberger contended that Hannah should be removed from office.
Hannah did not return telephone calls made to his office Friday.
Last week, the Supreme Court agreed to hear an appeal filed by Hannah in another case challenging the same three-member judicial panel's decision not to remove Mingo County Commissioner Gregory "Hootie" Smith from office.
The Supreme Court has scheduled an April 2 hearing on that motion, Supreme Court Clerk Rory L. Perry II said Friday.
Hannah argued that Smith, who is a lawyer, violated state law by representing John D. Marcum and Marcum Trucking in an unrelated matter, when Marcum Trucking had submitted invoices to the Mingo County Commission for its flood-cleanup work.
WILLIAMSON - Mingo County Sheriff Lonnie Hannah, running for re-election in the May 13 Democratic primary, is a major player in three cases pending in the state court system.
They involve, at least in part, controversies involving two companies that county officials hired to help clean up after May 2004 floods: Marcum Trucking Co. and 263 Towing Inc.
Early last month, lawyer Barbara Harmon-Schamberger, who has offices in Clay, sent a letter about her "proposed findings of fact" to a three-judge panel that is considering her request to have Hannah removed from office for "official misconduct."
That panel, named last year by the Supreme Court, consists of Marion County Judge Fred L. Fox II, Upshur County Judge Thomas H. Keadle and Harrison County Judge John Lewis Marks Jr.
The petition seeking Hannah's removal was filed March 23, 2007, by Mingo County residents including Halcy Hatfield, a former Mingo County commissioner, and Larry Hamrick, a former Mingo County school board member and anti-poverty-effort director who also headed Democrats for [Gov. Cecil] Underwood in 2000. In 1988, Hamrick was sent to federal prison on corruption and jury-tampering charges.
In her proposed findings, Harmon-Schamberger, who was Arts and Education secretary under Gov. Gaston Caperton, details efforts by Hannah to issue subpoenas requiring private banks to give confidential financial records of Hatfield's accounts.
Apparently, Hannah suspected Hatfield of receiving payments from the two trucking companies.
The banks that were issued subpoenas by Hannah included Bank of Mingo, B&T Bank, First National Bank and Community Trust Bank, all of which have branches in Williamson.
Each of those subpoenas "constitutes malfeasance and official misconduct" and "were obtained and served by Lonnie Hannah illegally and for the purpose of invading the privacy of ... Hatfield," Harmon-Schamberger argues. "Traditional jurisprudence has always required a court order to obtain bank records."
After the Bank of Mingo made the first objection to Hannah's subpoenas, they were all called back. Yet a month later, Hannah issued a new set of subpoenas for the bank accounts of Hamrick.
Harmon-Schamberger's proposed findings also state Hanna "had improper conversations with grand juries and/or improperly attended a grand jury meeting when he was not a witness" in a case related to John D. Marcum, who owns Marcum Trucking.
Citing those events and noting that Hannah "routinely disregarded" Mingo County Circuit Court orders to pay the two trucking contractors, Harmon-Schamberger contended that Hannah should be removed from office.
Hannah did not return telephone calls made to his office Friday.
Last week, the Supreme Court agreed to hear an appeal filed by Hannah in another case challenging the same three-member judicial panel's decision not to remove Mingo County Commissioner Gregory "Hootie" Smith from office.
The Supreme Court has scheduled an April 2 hearing on that motion, Supreme Court Clerk Rory L. Perry II said Friday.
Hannah argued that Smith, who is a lawyer, violated state law by representing John D. Marcum and Marcum Trucking in an unrelated matter, when Marcum Trucking had submitted invoices to the Mingo County Commission for its flood-cleanup work.
Lawyers Letitia Neese Chafin of Williamson and Leah Macia of Charleston, who represent Hannah, filed the petition appealing the judicial panel's ruling not to dismiss Smith.
Chafin and Macia argue Smith "placed himself in a position where, as president of the County Commission, he was approving invoices submitted by a client.... A greater conflict of interest is difficult to imagine."
Hannah's petition also alleges Marcum Trucking "submitted highly suspicious and hotly contested invoices to the Mingo County Commission for payment of flood work" including "work that had never been done."
On Jan. 8, the Supreme Court heard oral arguments about a third case related to the two trucking companies.
That case focuses on Hannah's objections to Mingo County Circuit Judge Michael Thornsbury's ruling in October 2006 ordering Hannah to sign checks to pay invoices submitted by Marcum Trucking and 263 Towing.
Thornsbury's ruling also ordered Hannah - who as sheriff also serves as county treasurer - to sign checks for prejudgment interest and attorneys fees accrued by the companies.
Chafin, who also represents Hannah in this case, filed a brief with the Supreme Court arguing the Federal Emergency Management Agency approved payments of more than $1 million to Sartin Trucking, but no payments to 263 Towing or Marcum Trucking.
In another brief filed on Jan. 29, Chafin noted, "The $739,360 paid to Marcum Trucking and 263 Towing was paid from the Mingo County treasury without reimbursement from any governmental agency."
But payments for prejudgment interest and attorneys fees are still a major issue.
One company, 263 Towing, later refunded $113,000 to the county, apparently for overbilling, Chafin added, as the result of Hannah's scrutiny of the company's bills.
Chafin also noted the federal Department of Homeland Security continues to investigate "questionable activities that occurred during the May 2004 flood cleanup."
Charleston lawyer James K. Tinney, who represents the trucking companies, filed a brief arguing that Hannah has failed to perform his public duty as county treasurer.
Tinney asks the Supreme Court to order Hannah to pay both trucking companies the interest and attorneys fees involved in the lawsuits.
The Supreme Court has not ruled on this case either, but is likely to do so during its current session.
To contact staff writer Paul J. Nyden, use e-mail or call 348-5164.
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