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These stories are rooted in West Virginia and reported by independent, investigative journalist Erin Beck. We offer them free of charge for those who can't afford to pay. We also don't require readers to purchase subscriptions because we understand some readers are only interested in a story or two.

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Cases of online child sexual abuse surge in WV

4/6/2022

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As the COVID-19 pandemic persists, West Virginians have reported a drastic increase in cases of child sexual abuse involving the Internet.
West Virginians reported about 450 more cases of online child sexual exploitation to the National Center for Missing and Exploited Children in 2021 than in 2020, and about 650 more cases than 2019.

In 2019, parents, guardians, police, and Internet companies, such as Facebook, reported 1,139 tips to the center,  according to Sgt. James Kozik, director of the West Virginia State Police Crimes Against Children Unit. In 2020, that number increased to 1,333 tips. In 2021, they reported 1,791 tips. That’s about a 50 percent increase from 2019, before the pandemic, to 2021.


People who want to sexually abuse children may use the Internet in several ways. 
They may condition kids to trust them over time, a practice called “grooming,” then manipulate the child into sending a photo or meeting them in person. They may pretend to be another child. They may make threats. 
They may also take or share photos or videos of children being sexually abused or explicit images of children. 

Lisa Zappia, a licensed counselor and CEO of Prestera mental health center, noted that as kids spent more time isolated, families have dealt with more stress and conflict.

Meanwhile, extracurriculars, classes and other outside-the-home activities slowed or were canceled, so kids have seen friends and loved ones less often.

“If you’ve got somebody reaching out to them who’s interested in them, professing to be a supportive person, acting like they care, acting like they’re willing to help them with stuff, then they’re going to engage in conversations because they’re young, and they think this person is wanting to be helpful… So they look for that connection,” Zappia said.

Zappia, who worked to help prevent sex offenders from re-offending in a previous job, said like other people, sex offenders exhibit some of their worst behaviors when they’re under stress.

Sgt. Kozik said perpetrators became more aggressive during the pandemic, demanding in-person meetings or images of particular acts. 
“And there is an impression amongst offenders that during the pandemic, that nobody was watching,” he said. “And my belief is that many times that was correct.”

Sgt. Kozik said the vast majority of the tips reported to the National Center for Missing and Exploited Children involve the possession, manufacture and distribution of child sexual abuse materials. That includes explicit photos and videos of kids, as well as photos and videos of kids experiencing sexual abuse. 

Since a photo or video can be shared multiple times, the number of reports is unlikely to be the same as the number of victims. But the number of reports does show the problem has dramatically escalated.
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The second most common type of report involved a perpetrator using the internet with the intent to commit a sexual offense or abduction. 

Read more.



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OPINION: Who could have been the West Virginian of the year?

12/28/2021

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by Erin Beck
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For 2021, one of the most powerful people from West Virginia was deemed “West Virginian of the Year” by at least two state newspapers – one publication meant that as an honor, one said they meant it as an acknowledgment of his influence. For their end-of-year editions, many newspapers say farewell to the year by doling out titles on residents they deem deserving.

On social media, many West Virginians reacted to naming the state’s senior senator “West Virginian of the Year” because of his power, and not because of his good works, with anger. The discourse got me thinking about what we recognize as virtue in West Virginia and who we consider worthy of praise.

I have a theory: I don’t think any one person is stronger than the sum total of every other force working for or against them. 

I tried to make my point once by making up a hypothetical. Say a girl was born with a multitude of debilitating health conditions. Say she was born into poverty and couldn’t afford college. Say she had many kids at a young age – maybe she had no trusted adults in her life to teach her about birth control options, or she had an abusive partner who refused to let her plan pregnancies. Maybe her religion forbade it, or maybe she grew up in a large family and it was all she knew. Say she became single, and her health conditions got worse under the simultaneous stress of childcare and work, perhaps with some shame and depression, and she could only work for short periods of time. 

​Say she was good at science class in school, and her childhood dream was to become a doctor. 

Who are we to say she just didn’t have enough willpower or she just didn’t want it bad enough if she didn’t?

I notice we West Virginians tend to think of success as mostly about the traits of an individual, and less about what kind of support the person had from others and the community. We tend to think if someone has reached a well-respected, influential position or holds down a high-paying job, their achievements can be explained by their intellect, their drive, and their charisma. We tend to think less about who encouraged their talents in school, who watched the kids or an ailing grandparent while they studied, who they had as role models, whether they ever felt supported by a loving family, and whether they could even go to the doctor or whether they had health insurance. 

I remember describing my hypothetical and was shocked to see the listener become irrationally angry. He accused me of placing limitations on the hypothetical woman and said something along the lines of “how dare you assume she couldn’t become a doctor?” I said that while many people achieve dreams that seem impossible, it’s overly simplistic to attribute every success to the uniqueness of an individual. We shouldn’t view it as her (hypothetical) failure if she didn’t become a doctor. We should view it as a failure of the community and people around her for not surrounding her with the tools and support she needed to reach those dreams. 

There are people in West Virginia that would have been great in college-level careers but for one reason or another couldn’t take that path. There are people I’ll never meet who could write books filled with all manner of wisdom, but no one ever thought to ask. Maybe your grandmother knows the healing properties of every herb in Appalachia. Maybe your colleague can hear a song once and play it perfectly. Maybe your neighbor’s negotiating skills are so good, he could have gotten Congress to agree on some version of the Build Back Better bill. Maybe there’s a West Virginia kid who could have cured cancer, but his parents told him he was worthless so he skipped all his classes.
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As we look back at the year and think about who’s worth honoring, I ask you to keep this in mind: you won’t have enough time in life to meet all the residents of West Virginia with more talent, better people skills and more emotional maturity than members of Congress.

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Police: patient strangled at Sharpe Hospital

12/28/2021

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A Sharpe Hospital employee allegedly strangled a patient who has a traumatic brain injury, according to a Lewis County criminal complaint.
Three health service workers participated in the abuse of two patients while a registered nurse and another health service worker watched without trying to stop it, according to another public record.
State officials won’t say how hospital protocol failed to protect the patients, and it’s unclear why no one else was charged. Sharpe Hospital in Weston is one of two state-owned psychiatric hospitals in West Virginia.

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WV lawmakers to consider anti-vaccine mandate bill today

10/13/2021

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WVGovernor @JimJusticeWV hasn’t posted a press release and the @wvlegislature hasn’t posted anything on the front page of their website

— Erin Beck (@3littleredbones) October 13, 2021

The bill also states that no COVID-19 vaccination may be mandated for admission to a school in the state, and that should it pass, it will become effective immediately.

— Erin Beck (@3littleredbones) October 13, 2021
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Morrisey "praises" ruling on end of COVID-19 unemployment benefits

8/17/2021

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by Erin Beck
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Charleston, W.Va — West Virginia Attorney General Patrick Morrisey sent a news release Tuesday announcing his support for a court ruling that keeps in place the termination of pandemic-related unemployment benefits.

“We all want all able-bodied and healthy folks to get back to work and hope this will advance that goal,” Morrisey, a Republican, said. “The court was correct in acknowledging that it cannot act like a ‘Super Commissioner’ and impose the plaintiffs’ preferred policy."

The ruling came Monday as cases of the more contagious Delta variant continue to rise in West Virginia and across the country. West Virginia had fewer than 1,000 active COVID-19 cases as recently as early July, according to the Charleston Gazette-Mail. 

The state's COVID-19 dashboard reported 7,017 cases on Tuesday. 

Congress, through the CARES Act, had given workers an extra $300 per week, and made some workers, such as gig workers and independent contractors, newly eligible for unemployment benefits. Congress made workers eligible for those benefits until Sept. 6, but Governor Jim Justice ended those benefits in June, saying businesses couldn't find workers.

His spokespersons won't say if Justice also asked unemployed workers about their efforts to return to work and health concerns.

Morrisey called the ruling "a clear victory for the people of West Virginia."

“The court’s ruling correctly upholds the law and constitutes a clear victory for the people of West Virginia," he added. "Courts cannot interfere with the state’s decision on an issue that fell within its authority and discretion. Such matters must be weighed strictly based on the law.”

Represented by the nonprofit legal firm Mountain State Justice,  Rebecca Urie, of Charleston, and Kimberly Griffith, of South Charleston, filed lawsuits in late July in Kanawha County, against Scott Adkins, Commissioner of Workforce West Virginia. 
Monday, Kanawha County Circuit Judge Maryclaire Akers ruled against the two women.

Lawyers for the plaintiffs had argued that the law requires the Workforce West Virginia commissioner to secure "all advantages available" from the federal government for unemployed people. Plaintiffs had pointed to West Virginia code 21A-2-16, which says:

“In the administration of this chapter the commissioner shall cooperate with the United States department of labor to the fullest extent consistent with the provisions of this chapter, and shall take such action through the adoption of appropriate rules, regulations, administrative methods and standards, as may be necessary to secure to this state and its citizens all advantages available under the provisions of the ‘Social Security Act’ which relate to unemployment compensation, the ‘Federal Unemployment Tax Act,’ the ‘Wagner-Peyser Act,’ and the ‘Federal-State Extended Unemployment Compensation Act of 1970.’”

Brent Wolfingbarger, West Virginia Senior Deputy Attorney General, and Virginia Payne, Deputy Attorney General, argued that the statute mentions several other federal laws, but doesn’t specifically say the commissioner must take advantage of CARES Act funding.

Bren Pomponio, litigation director at Mountain State Justice, argued that the statute makes clear lawmakers require the commissioner to cooperate with the federal government and take advantage of all available funding sources.


West Virginia courts have said judges should not grant writs of mandamus unless “three elements coexist,” including: “(1) the existence of a clear right in the petitioner to the relief sought; (2) the existence of a legal duty on the part of respondent to do the thing which the petitioner seeks to compel; and, (3) the absence of another adequate remedy at law.”

In announcing her ruling, Akers said the second condition had not been met, and that the commissioner was entitled to make his own decision.

Pomponio  said he’d have to review the final order, which isn’t prepared yet, before plaintiffs decide whether to appeal the decision to the West Virginia Supreme Court.


More than two dozen Republican-led states terminated their federal pandemic unemployment benefts earlier than scheduled. Lawsuits in those states have had mixed results.

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Kanawha County judge rejects lawsuit filed by unemployed WV workers

8/16/2021

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Charleston, WV -- ​Kanawha County Circuit Judge Maryclaire Akers ruled against two women who sued Workforce West Virginia after state officials terminated pandemic-related enhanced unemployment benefits.

Unemployed workers had hoped to find out Monday that they were set to receive benefits they lost in June, when Governor Jim Justice ended those benefits early.

“The court will make no finding as to whether or not it was a wise decision,” Akers said, “Whether or not it was a good decision, whether or not it was a decision that was correct. It’s just simply not a question for the court."
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Following the hearing, a group of unemployed workers trailed out in disappointed silence.
​
Valerie White leaned against a pillar outside the judicial annex, waiting on her ride about 50 miles back to Logan County. When her unemployment ended on June 19, it came as a surprise. 

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“I have a four-year-old, a five-year-old and an eight-year-old,” she said. “Two boys and a girl. The two boys are my step-sons. And the little girl is mine. They’re just, you know, they’re ready to go to school. But I don’t let them know that any kind of struggle or anything is going on.”

At the same time,  she noted that “you can tell when people are under stress.”

Read the rest of the story.

This story was first reported by journalist Erin Beck and published at thinkkidswv.org. Any information obtained from this story and not from original reporting should be attributed to Erin Beck and Think Kids WV.



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Another chance in WV unemployment lawsuit scheduled for this afternoon

8/16/2021

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by Erin Beck

Charleston, WV -- A second hearing in a lawsuit against West Virginia officials over the termination of pandemic-related unemployment benefits is scheduled for Monday.

Kanawha Circuit Judge Maryclaire Akers denied one procedural request from the plaintiffs, who were represented by the nonprofit law firm Mountain State Justice, on Thursday morning. But the plaintiffs will have another chance to make their case on Monday at 3 p.m., in Akers’ courtroom in the Charleston judicial annex.


Read more.
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More than 73% of WV samples tested in July were Delta

8/9/2021

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Charleston, W.Va. -- More than 73% of COVID-19 samples tested in West Virginia during the month of July were the highly contagious Delta variant, according to state health officials. 

That means that while West Virginia's COVID-19 dashboard, last updated on Friday,  says that officials have detected 129 cases of the Delta variant of COVID-19 in the state, the number is likely much higher.

According to the West Virginia Department of Health and Human Resources, public health surveillance workers determine the variant of COVID-19 in only a fraction of cases.

Jessica Holstein, DHHR spokeswoman, said in an email that more than 73% of the positive specimens genetically sequenced for a variant were Delta during the month of July. As of Friday morning, they had determined the variants for 144 cases in July; of those, 102 were of Delta, 30 Alpha, and 3 Gamma, according to Holstein. There were 3,374 confirmed and probable cases during the month.

"Whole genome sequencing helps characterize the virus and where it originates from, which can influence how the virus reacts," she wrote. "The process of sequencing requires positive PCR specimens to be sent to a lab for sequencing. The entire process including notification, shipping time, and actually running the test takes approximately 2 weeks."

The Delta variant, which is behind the current surge in cases, is more contagious, than other variants previously identified, according to the CDC.

Holstein said there are several requirements for testing. The sample can't be taken from a rapid antigen test.

"In most instances by the time we get sequencing results back, the individual has already recovered and contacts have been released from quarantine, so it has little impact on public health action," she wrote.

Those requirements for testing are standard, she said.

"The SARS-CoV-2 genome encodes instructions organized into sections, called genes, to build the virus," she wrote. "Scientists use a process called genomic sequencing to decode the genes and learn more about the virus. Genomic sequencing allows scientists to identify SARS-CoV-2 and monitor how it changes over time into new variants, understand how these changes affect the characteristics of the virus, and use this information to better understand how it might impact health."

SARS-CoV-2 is the virus that causes COVID-19. Viruses like SARS-CoV-2 constantly change over time, so new variants can occur that are more dangerous,  according to the federal Centers for Disease Control and Prevention.

West Virginia has sequenced over 10,000 specimens which represents 6.1% of cumulative cases sequenced, according to Holstein.  She also offered the percent of specimens sequenced for some surrounding states: 
  • Virginia 11,000=1.7%
  •  Kentucky 3,100=0.6%
  • Ohio 12,000=1.1%
  • Maryland 16,791=5.6%


The CDC has contracted with LabCorp to sequence all positive labs from WV, according to Holstein. Several other labs submit sequencing samples, she said.
   
​This story was first reported by journalist Erin Beck and published on erinbeckwv.com. Any information obtained from this story and not from original reporting should be attributed to Erin Beck. 

This reporting does not rely on advertising, pay walls, or subscriptions. But if you support the writer, you can send a gift through: Venmo, Cashapp, or Paypal.


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Hearing scheduled for W.Va. unemployment lawsuit

7/30/2021

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Charleston, W.Va. -- Kanawha Circuit Judge Maryclaire Akers has scheduled an Aug. 12 hearing for a lawsuit filed over the termination of pandemic-related unemployment benefits in West Virginia. 

Republican Governor Jim Justice ended federal programs providing enhanced benefits to unemployed workers affected by COVID-19 on June 19. Under federal law, West Virginians are eligible for those benefits through Sept. 6.

Represented by Mountain State Justice, Rebecca Urie, of Charleston, and Kimberly Griffith, of South Charleston, filed lawsuits Tuesday in Kanawha County against Scott Adkins, Commissioner of Workforce West Virginia. The suits were combined into one case, a court official previously said.

Plaintiffs pointed to a section of state law that says the Workforce West Virginia commissioner must secure "all advantages available" for unemployed workers.

Bren Pomponio, a lawyer for Mountain State Justice, said Friday that a hearing on the case has been scheduled for Aug. 12 at 9:30 a.m. The hearing will be held in Akers' fourth-floor courtroom at the judicial annex in Charleston.

Gov. Justice has said employers were struggling to find workers.

​Justice has not responded to requests for comment, including questions about whether he also spoke to unemployed workers.

Adkins also has not responded to a request for comment, including to questions about whether workers are returning to employment. The West Virginia Center on Budget and Policy's analyst Sean O'Leary has said ending the benefit programs early has not resulted in a noticeable increase in employment rates, although it has increased economic hardship.

Read more about the lawsuit and background here.

This story was first reported by journalist Erin Beck and published on erinbeckwv.com. Any information obtained from this story and not from original reporting should be attributed to Erin Beck. 

This reporting does not rely on advertising, pay walls, or subscriptions. But if you support the writer, you can send a gift through: Venmo, Cashapp, or Paypal.



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Unemployment lawsuit: ending enhanced benefits violates W.Va. law

7/27/2021

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​Charleston, W.Va. — Citing a West Virginia state law that requires Workforce West Virginia to secure "all advantages available" for unemployed workers, two Kanawha County women filed lawsuits Tuesday against state officials over ending pandemic-related unemployment benefits.

Republican Governor Jim Justice, saying that businesses were struggling to find workers, ended federal programs providing enhanced benefits to unemployed workers affected by COVID-19 on June 19.  

Represented by Mountain State Justice, Rebecca Urie, of Charleston, and Kimberly Griffith, of South Charleston, filed lawsuits in Kanawha County against Scott Adkins, Commissioner of Workforce West Virginia.

"By prematurely terminating the administration of the benefits, the State has violated the West Virginia Legislature's requirement that Commissioner Adkins secure to this state and its citizens 'all advantages available'...in the federal unemployment system," plaintiffs wrote.

Plaintiffs point to the area of state law creating a "mandatory, non-discretionary" duty for the commissioner. West Virginia code 21A-2-16 states:

"In the administration of this chapter the commissioner shall cooperate with the United States department of labor to the fullest extent consistent with the provisions of this chapter, and shall take such action through the adoption of appropriate rules, regulations, administrative methods and standards, as may be necessary to secure to this state and its citizens all advantages available under the provisions of the 'Social Security Act' which relate to unemployment compensation, the 'Federal Unemployment Tax Act,' the 'Wagner-Peyser Act,' and the 'Federal-State Extended Unemployment Compensation Act of 1970.'"

The CARES Act, or the Coronavirus Aid, Relief, and Economic Security Act, included provisions for Pandemic Emergency Unemployment Compensation (PEUC), which extended regular unemployment benefits; Federal Pandemic Unemployment Compensation (FPUC), which increased the amount of unemployment benefits that recipients receive each week; and Pandemic Unemployment Assistance (PUA), which assisted affected workers not previously eligible for unemployment benefits. 

Urie is a single mother supporting two children with autism who was eligible for all three benefit categories, the lawsuit states. Griffith is a 56-year-old South Charleston woman also eligible in all three categories.

Under federal law, West Virginians are eligible for those benefits through Sept. 6. Health officials have warned that the pandemic isn't over. Cases of COVID-19 due to the spread of the Delta variant among the unvaccinated are rising.

Plaintiffs wrote that the funds came with no cost to the state and allowed tens of thousands of West Virginians to "weather the extraordinary economic hardship through no fault of their own."

Justice has said workers refuse to return to available jobs, although he's pointed to conversations with business owners as the reason for that theory, not conversations with unemployed workers. His spokespersons didn't respond to an email Tuesday.

Urie was working for DoorDash and a South Charleston laboratory, the lawsuit states. The laboratory laid off all its employees in March 2020 and she stopped delivering for DoorDash over COVID-19 concerns. She has applied for 25-50 jobs a month and DoorDash has no open positions, the lawsuit states. Among other expenses, her children have therapy and appointments.

Griffith worked as a driver for Moses Auto Outlet, the lawsuit states. While she is still technically employed there, the employer has only scheduled her for a handful of days since the pandemic began. She has also actively sought new employment.

Plaintiffs are represented by Bren Pomponio and Laura Davidson, lawyers for the Charleston-based nonprofit legal firm Mountain State Justice. A court official and Pomponio said the two lawsuits were combined.

Plaintiffs noted that courts have sided with unemployed workers in Maryland and Indiana. Pomponio said those states have the same referenced statute as West Virginia. 

Cases were assigned to Kanawha Circuit Judge Maryclaire Akers, whom Justice appointed in March. Adkins has 20 days to respond.

This story was first reported by journalist Erin Beck and published on erinbeckwv.com. Any information obtained from this story and not from original reporting should be attributed to Erin Beck. 

This reporting does not rely on advertising, pay walls, or subscriptions. But if you support the writer, you can send a gift through: Venmo, Cashapp, or Paypal.
​

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