Special prosecutor appointed in Shaffer case
by Billy Wolfe STAFF WRITER
Friday, June 26, 2009 6:32 AM CDT
CLARKSBURG — Harrison Chief Circuit Judge Thomas A. Bedell appointed a special prosecutor Wednesday to handle the criminal case against City Councilman Martin Shaffer.
Shaffer was arrested June 1 for his role in the production of an anonymous document that criticized members of city council.
Bedell said Wednesday that Marion County Prosecutor Pat Wilson, or one of Wilson’s designees, will handle the case.
Wilson was out of town Wednesday and could not be reached for comment.
Harrison County Prosecutor Joe Shaffer has stepped down from the case because Martin Shaffer is his uncle.
Clarksburg Police arrested Councilman Shaffer the day before the recent municipal election and charged him with two misdemeanors for violating state election laws.
Two other arrest warrants have been issued in connection with the case. Both suspects are in Arizona and have not yet been served with the warrants, according to Clarksburg Police Lt. Robert Matheny.
As previously reported, the state law that authorities cited in Shaffer’s arrest has been under a federal injunction since 1996. The injunction permanently bans enforcement of the law.
The law states that “no person may publish, issue or circulate” anonymous material that either supports or aids the defeat of a candidate for public office. The law may be enforced only if the material includes “express advocacy.” Examples of express advocacy include phrases like “vote for” and “support.”
Although the so-called newsletter criticized councilmen Sam “Zeke” Lopez and Jim Hunt, it made no official endorsements.
At least two national nonprofit law firms have come out strongly against the arrest, saying that police violated Councilman Shaffer’s right to freedom of speech.
Shaffer said he has been in contact with both the Institute for Justice and the Center for Competitive Politics. The agencies have been advising Shaffer on his legal rights, he said.
The story also has been reported on by national political blogs like the Daily Kos.
The West Virginia Secretary of State’s office, which advised police on the legality of the arrest, has refused to comment on the ongoing investigation.
City Manager Martin Howe, who publicly announced the city was launching an investigation into the newsletter’s origins during an April 26 press conference, deferred all questions to the police department. Howe has called the document “slanderous,” and “illegal.”
Shaffer has also chosen a lawyer for his defense.
Morgantown attorney Traci Cook, who is Harrison County’s former chief assistant prosecutor, confirmed Wednesday she will represent the councilman in court.
Cook did not wish to comment on the case just yet.
“We are still in the early stages,” she said.

In another turn of events, City Attorney Greg Morgan said a citizen has issued to him a notice to “cease and desist” with Councilman Shaffer’s prosecution.
According to the notice, “Shaffer’s conduct, and that of the others, was legal, and he was subjected to a false arrest.”
Morgan said the individual is “entitled to have their opinion and to have it heard” but that he is not the appropriate person to receive the notice. He said the notice should have instead been issued to the prosecutor handling the case.
Morgan said Wednesday he will forward the cease and desist notice to Wilson’s office.

Staff writer Billy Wolfe can be reached at (304) 626-1404 or by e-mail at bwolfe@exponent-telegram.com