Cramer Won’t Step Aside
By ANNIE DIMMICKBENWOOD - Despite the fact that one of his assistant prosecutors is related to Benwood Councilman Charles Terry, Marshall County Prosecutor Jeff Cramer said his office will not be recused from Terry's criminal case should it be bound over to Circuit Court.
Assistant Prosecutor Joseph Canestraro is the nephew of Terry, who is accused of firing a 12-gauge shotgun at his neighbor's pick-up truck on Sept. 17 in Benwood. Canestraro's fellow assistant prosecutor, Eric Gordon, serves as city attorney for Benwood.
However, Cramer said he has no conflict of interest in the case.
While Terry, 67, awaits a preliminary hearing in Marshall County Magistrate Court on a wanton endangerment charge, Cramer has said Terry could also be facing a felony destruction of property charge, which could be considered by the November grand jury by way of direct presentment.
"My office will not be required to be recused," Cramer said. "Mr. Canestraro is related to Mr. Terry, and I was aware of that. I have instructed both him and Eric Gordon to have no involvement in the case."
"By law, their conflicts of interest are not imputed to myself or other assistants within the office," Cramer added.
Cramer said Gordon can still advise City Council members of their rights and alternatives regarding Terry's council position, be involved in their actions and still have no involvement in the criminal process.
"I believe Eric Gordon has a conflict of interest in participating in (Terry's) criminal prosecution, but as long as he is shielded from such involvement in my office, his conflict does not impute to myself and the rest of the office," Cramer said.
Since the incident, Terry's fellow council members and city officials have been calling for Terry's resignation from council, saying his action was "reprehensible." Terry has not made any official statement about whether he wishes to resign.
At a Benwood City Council meeting Tuesday, council members cast a 4-0 non-binding vote of no confidence in Terry.
During the meeting, Gordon informed council members they have no legal authority to remove Terry from his elected post. A written petition from Cramer, elected officials in Benwood or 1 percent of the city's registered voters is needed to start the removal process, Gordon said.
Cramer said Wednesday that, right now, his office will not file a written petition for Terry's removal. However, he added that should Terry not be removed or not resign his post and be convicted of the crimes, he will take a second look at filing such a petition.
Terry's preliminary hearing is scheduled for 3 p.m. Oct. 3 in Marshall County Magistrate Court.
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TheRealityPolice
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09-29-08 7:05 AM
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Thanks PSGS: Now I have coffee spewed all over my monitor! lol....
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PCGS70
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09-29-08 3:35 AM
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The National Institute of Health (NIH) announced last week that they were going to start using lawyers instead of rats in their experiments. Naturally, the American Bar Association was outraged and filed suit. Yet, the NIH presented some very good reasons for the switch. 1. The lab assistants were becoming very attached to their little rats. This emotional involvement was interfering with the research being conducted. No such attachment could form for a lawyer. 2. Lawyers breed faster and are in much greater supply. 3. Lawyers are much cheaper to care for and the humanitarian societies won't jump all over you no matter what you're studying. 4. There are some things even a rat won't do
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MarCoProsecutor
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09-28-08 9:39 AM
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fishcreekphotos, A few things that I should add to this story: 1) I have not been asked to step aside, neither by Trooper Hogan nor Mr. Terry. 2) Pursuant to WEST VIRGINIA law, I have no valid legal reason to request a special prosecutor be appointed. The ABA Model Rules of Professional Conduct, the West Virginia Supreme Court opinions, several Legal Ethics Opinions and the Office of Disciplinary Counsel ALL state that as long as the conflicts are shielded from participation in the criminal prosecution, the Office as a whole is not conflicted. I can't speak for what they told you in criminal justice class. 3) The Citizens of Marshall County don't pay me to search for non-existent reasons to be recused from cases. Thanks, Jeff Cramer
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fishcreekphotos
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09-27-08 6:11 PM
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The ABA Standards has rules and regulations for all their members. If Cramer is breaking a law then he should be removed. It is called checks and balances. In my studies for Criminal Justice class we are taught that the ABA standards are their for a reason. Mr Cramer is no exception to the rule. It states that a prosecuting attorney should not be related in a case. Please step down Mr. Cramer. You are not Bush.
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EllisWyatt
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09-27-08 5:21 AM
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Everyone is related in West Virginia. The state motto should be "It's All Relative".
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