Court finds state agency engaged in ‘intentional & purposeful destruction of evidence’

By Stephen Baldwin, RealWV

In a blistering order issued Monday night, U.S. District Magistrate Judge Omar J. Aboulhosn concluded that the West Virginia Department of Corrections (DCR) intentionally destroyed evidence about jail conditions. In some cases, those conditions are alleged to have led to the death of inmates. 

Aboulhosn is recommending that U.S. District Judge Frank Volk grant a default judgment to the plaintiffs, with monetary damages to be paid by the state as determined by Judge Volk or a jury. The lawsuit also seeks $300 million in deferred maintenance on the state’s jails to be completed. 

The magistrate’s order charges DCR with “dereliction of duty,” adding, “to say the Court found the testimony elicited from these Defendants shocking is a gross understatement.” 

All evidence belonging to DCR predating 2022 related to the court case somehow vanished. Aboulhosn concluded, “The ONLY logical explanation for the loss of this evidence, is that it was intentionally destroyed – and this logical explanation has been provided to this Court through an inmate’s affidavit who witnessed such events – Charles Mann.”

Brad Douglas, Chief of Staff and Interim Commissioner of DCR, admitted to the court that he did not preserve evidence. He said he should have done so, but “didn’t think about it” at the time. 

Governor Jim Justice has been called to testify in the case as he oversees the DCR and appointed the leadership under scrutiny. Both he and his Chief of Staff, Brian Abraham, petitioned to be excused from testifying saying they don’t know anything of substance about the case. 

Abraham did, however, confirm that the administration has recently initiated a new policy to preserve future electronic evidence and communications. 

Yesterday’s order concluded that the Justice administration’s DCR engaged in “intentional and purposeful destruction of evidence…The Court will not turn a blind eye to the Defendants’ blatant arrogance and flippant response to their legal obligations, nor will it condone such behavior by not issuing sanctions.”

Former Cabinet Secretary Jeff Sandy retired earlier this year and was honored as a Distinguished West Virginian by Gov. Justice.

In the order’s final sentence, Aboulhosn stated his intent to refer the matter to the United States Attorney to investigate further legal action.