MORGANTOWN, WEST VIRGINIA — The law firm Wilson, Frame & Metheney PLLC has made
a $100,000 gift to the
Innocence Project
at WVU Law.
The funds, paid over five years, will provide operational support for the West Virginia
Innocence Project, a law clinic that serves the wrongfully convicted free of charge
while providing work experience for student attorneys.
“We are happy to be able to support the Innocence Project’s work in West Virginia,”
said attorney Wes Metheney. “For our justice system to function smoothly, the wrongfully
convicted need a champion. In the Mountain State, that champion is the West Virginia
Innocence Project.”
Third-year law students and law faculty operate the West Virginia Innocence Project.
Directed by Professor
Valena Beety
, the law clinic is dedicated to serving incarcerated persons in state or federal
prison in West Virginia by providing free legal representation to individuals with
meritorious claims of innocence. The clinic also advocates for reforms designed
to avoid wrongful convictions, including improved eyewitness identification and
forensic analysis.
In 1997, Lavigne was convicted of one count each of sexual abuse in the first degree,
child abuse resulting in serious bodily injury, and incest. The victim was his
five-year old daughter. For 20 years, she and her mother have maintained Lavigne's
innocence.
No physical DNA evidence was submitted at Lavigne's trial but witnesses testified
that his daughter said she was assaulted by her father. Lavigne argued that his
daughter said she was assaulted by a man who looked like her father.
In 2011, then Putnam County Circuit Judge O.C. Spaulding reversed Lavigne’s conviction
and ruled that he could be released from prison pending a new trial. The evidence
included an affidavit from his daughter stating that her father had not assaulted
her. The Supreme Court of Appeals of West Virginia overturned that decision,
re-instating Lavigne’s sentence and returning him to prison.
The West Virginia Innocence Project accepted Lavigne’s case in 2013 and filed
a Petition for Writ of Habeas Corpus in the Southern District of West Virginia.
The decision on the habeas is stayed, which allows for ongoing DNA testing. The
national Innocence Project joined the case to co-represent Lavigne earlier this
year.
"We believe Joe's conviction of this crime against his daughter was a miscarriage
of justice," said
Valena Beety
, director of the West Virginia Innocence Project. "Thorough and modern DNA
testing can prove his innocence and overturn his conviction."
Lavigne’s daughter was not permitted to testify at his post-conviction hearing, but
she was able to speak before the West Virginia Parole Board at his hearing in September.
She told the board, “My father did not rape me. I hope that’s all that really needs
said.”
MORGANTOWN, WEST VIRGINIA — A local chapter of the American Association of Professional
Landmen (AAPL) recently donated $22,000 to the
Veterans Advocacy Law Clinic at West Virginia University.
The Michael Late Benedum Chapter of the AAPL raised the funds at its third annual
Charity Clay Shoot, Dinner and Auction. The event received support from 27 oil
and gas companies and service providers as well as numerous other firms and individuals.
“I’m very humbled by the support but I’m not surprised at all. We are surrounded
by great people that show up and support worthy causes such as the WVU Veterans
Law Clinic,” said Anthony Romeo, founder of the shoot, a veteran and an employee
at Arsenal Resources.
The 2017 Michael Late Benedum Chapter is comprised of 1,500 land professionals engaged
in the oil, gas, and mineral industries throughout the Appalachian Basin.
A scholarship at WVU Law, endowed by The BrickStreet Foundation and honoring
Charleston attorney Thomas V. Flaherty, was announced October 27 at the University’s
Board of Governors meeting.
The $100,000 gift was announced by W. Marston Becker, a member of both the BrickStreet
and WVU boards. Flaherty, also a member of both boards, is immediate past chair
of the BrickStreet board and immediate past president of the WVU board.
“The gift is modest recognition of all that Tom has contributed to both boards,”
said Becker, a 1977 WVU Law graduate.
“This gift announced today is a way to honor a great West Virginian who has given
so much of his time and effort to make a significant difference both at BrickStreet
and WVU,” said Greg Burton, BrickStreet executive chairman. “It has been an honor
and privilege to work side-by-side over the past 10 years with such an outstanding
leader.”
MORGANTOWN, WEST VIRGINIA — West Virginia native Elliott Portnoy, the global chief
executive officer of the world’s largest law firm,
Dentons, will speak at the
West Virginia UniversityErickson Alumni Center at 4 p.m. on November 6.
Portnoy will reflect on how his Mountain State roots and WVU connections have contributed
to his professional success and continue to help him lead a $2 billion business.
The title of his speech is “Go Big
and Go Home!”
Admission is free and the public is invited to attend. There will be a reception
at 3:30 p.m. Please RSVP to
alumni@mail.wvu.edu.
“My current success has everything to do with where it all started,” said Portnoy,
who graduated from Morgantown High School in 1983, “including selling sodas at
Mountaineer Field.”
Panelists for “Mass Incarceration in Appalachia” include Jeri Kirby, assistant professor
of criminal justice at Fairmont State University; Betsy Jividen, First Assistant
U.S. Attorney for the Northern District of West Virginia; Rich MacAllaster, president
of the re-entry organization Recidivism Zero (RZero); and Raymond Thompson, a WVU
multimedia producer and freelance photographer.
“AJI is about recognizing and listening to the voices of all of our community
members, including those most stigmatized, such as Appalachian prisoners and former
offenders,” said Beety, a founding member of AJI.
MORGANTOWN,
WEST VIRGINIA— The National Jurist and preLaw Magazine have once again named WVU Law a best
value.
WVU
Law scored an A-, which is a higher grade than 160 other law schools approved
by the American Bar Association.
The
publications selects Best Value Law Schools based on bar passage and employment
rates, tuition, cost of living and average student indebtedness upon
graduation.
“WVU
Law’s consistent recognition as a Best Value Law School, year after year, shows
just how deeply committed we are to providing students with affordable, high
quality legal education that leads to meaningful careers,” said Gregory
W. Bowman,
dean of the College of Law.
WHEELING, WEST VIRGINIA – William J. Powell '85 has taken the oath of office to become
the United States Attorney for the Northern District of West Virginia. Powell was
nominated by President Donald Trump on August 3, 2017 and confirmed by the U.S.
Senate on October 3, 2017.
Chief U.S. District Judge Gina M. Groh '89 administered the oath of office to U.S.
attorney Powell today.
“I am honored and humbled to be named as the U.S. Attorney for the Northern District
of West Virginia. I’m excited to start working with the very fine staff and attorneys
in the district on the very important work that needs to get done,” said Powell.
As U.S. Attorney, Powell is the top-ranking federal law enforcement official in the
Northern District of West Virginia, which includes offices in Wheeling, Martinsburg,
Clarksburg, and Elkins. He oversees a staff of 45 employees, including 21 attorneys
and 24 non-attorney support personnel. The office is responsible for prosecuting
federal crimes in the district, including crimes related to terrorism, public corruption,
child exploitation, firearms, and narcotics. The office also defends the United
States in civil cases and collects debts owed to the United States.
MORGANTOWN, West Virginia — The immediate past president of the American Civil Liberties
Union and law school professor will speak at
West Virginia University on October 24.
Nadine Strossen, currently the John Marshall Harlan II Professor of Law at the New
York Law School, will speak at the JG Theater in the
WVU Mountainlair at 4:00 p.m.
“No cause is more important than the defense and preservation of our constitutional
rights,” said
Gregory W. Bowman, dean of the WVU College of Law. “Organizations such as the
ACLU and dedicated lawyers like Nadine Strossen fight for our rights every day.”
Collins will discuss “Private Law, Fundamental Rights, and the Rule of Law” on October
23 at 1 p.m. in the Event Hall at the College of Law.
Admission is free and the public is invited to attend.
The lecture will address the impact of fundamental human rights on legal disputes
between companies or private individuals, particularly in cases of contract, tort
and property law.