Published: November 19, 2008 12:20 am      

Former state high court official says he was fired over photos

CHARLESTON — A former state Supreme Court official says he was fired for being suspected of leaking the photos that cost Justice Elliott “Spike” Maynard re-election this year and for accusing court Administrator Steve Canterbury of using racially charged language around the office.

Pancho G. Morris, who is black, oversaw the state’s 55 magistrate courts for the last four years. He is a former Kanawha County assistant prosecutor. Canterbury fired Morris Friday.

Morris said he intends to call for a criminal investigation of the court for allegations of intimidation and retaliation against court employees. He also intends to sue over his firing.

“What I’m telling you is this thing is going to get big,” Morris said. “There was a violation of federal and state laws by at least four individuals on the court.”

Morris specified Canterbury as one of those individuals. He alleged at least three of the five justices also were involved but did not specify the justices by name.

Canterbury would not comment directly on Morris’ allegations.

“I’ve been in state government in a couple of different positions for well over a decade now, and my record of fairness I would hope would speak for itself,” Canterbury said.

“Publicly, I will only say that (Morris) was dismissed from his will-and-pleasure position. No amount of despicable accusations will make me say anything other than what I just told you.”

Morris said court officials blamed him for leaking the photos that surfaced in court filings in January showing Justice Maynard and Massey Energy chief Don Blankenship together on the French Riviera while Massey had a multi-million dollar appeal pending before the court.

“They suspected that I was at the heart of this thing,” Morris said. “And I’m not going to take it lying down.”

Morris claimed he was suspected primarily because he associates with Justice Larry Starcher, who was a critic of Maynard after the photos surfaced. Morris said he was a law clerk for Starcher when the justice was a circuit judge in Monongalia County.

“I have a constitutional right to associate with Justice Starcher and any other justice on that court,” Morris said. “It’s not like I committed some misconduct. If I did that, I would understand.”

Morris said he was also suspected because Brenda Magann works in the division he oversaw until Friday. Magann has admitted she went on the 2006 French Riviera trip with Maynard.

As for Canterbury’s alleged racial remarks, Morris would say only that he reported them two or three months ago.

Morris declined to elaborate on the specifics of his allegations, referring other questions to his lawyer, Kitty Dooley. Dooley could not be reached for comment.

“I’ve done a good job,” Morris said, adding that Canterbury had praised him in front of county magistrates.

The photos of Maynard and Blankenship were filed by lawyers for Harman Mining Co., which was fighting Massey’s appeal of a $50 million judgment against it for being found to have put Harman out of business by fraud.

The Harman lawyers were requesting that Maynard step aside from deciding whether to rehear the appeal, which had already been granted in Massey’s favor. Maynard resisted, but when the photos surfaced, he stepped aside.

Political observers said the revelation of the photos, which were used in ads and cited by opponents, cost Maynard the Democratic primary election in May.

The lawyers also wanted Justice Brent Benjamin to step out of the case, but he refused. Harman’s lawyers argued Benjamin could not be impartial because Blankenship pumped millions into a campaign that helped Benjamin get elected in 2004.

The U.S. Supreme Court is set to consider whether Benjamin should have stepped aside.

The court reconsidered Massey’s appeal and again found in the coal giant’s favor.

Meanwhile, Massey has a federal lawsuit pending against the court, challenging the method by which justices recuse themselves from hearing cases.