Latest / WCHS Network Podcasts / 09/26/2024 Ask the Lawyer with Harvey Peyton

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09/26/2024 Ask the Lawyer with Harvey Peyton · WCHS Network Podcasts

0:00
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Speaker 3: Put the power of Payde on the side. We have
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Speaker 4: The power of being.
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Speaker 5: And very pleasant. You're listening to the power of Peyton.
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Speaker 5: You can put it on your side. This morning. Three's
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Speaker 5: or A four three four five fifty fifty eight three
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Speaker 5: four five fifteen fifty. I'm Delle Cooper, Harvey Payton in
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Speaker 5: studio with me this morning. Harvey, good morning. How you
1:09
Speaker 5: doing well. I'm doing quite well.
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Speaker 4: Dale. Actually the drive in this morning was a bit
1:16
Speaker 4: more challenging that has been lately, not from the traffic
1:20
Speaker 4: but from the weather. Yeah, I've almost forgotten how to
1:23
Speaker 4: drive in the rain and fog it's been so long.
1:26
Speaker 4: But I will say this, it was heavenly bore of it.
1:29
Speaker 4: I really feel for the folks on the Big Bend
1:34
Speaker 4: area in Florida on the Gulf Coast. Several years ago,
1:38
Speaker 4: I had a lot of business to do in Pensacola.
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Speaker 4: Worked with a realty great engineering firm down there in
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Speaker 4: several cases, and they got hammered just twice back to back.
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Speaker 4: And you know, two years later, I could fly into
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Speaker 4: Pensacola and you still see the blue tarps. Oh yeah, right.
1:54
Speaker 4: You know it's a low lying area. You got a
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Speaker 4: shallow golf, so you're going to get a big storm, sir,
2:01
Speaker 4: and hopefully you know, yeah, it's projected ten foot storm service.
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Speaker 4: It's tremendous.
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Speaker 5: It's some kind of incredible low pressure. I guess that's
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Speaker 5: building andre and predicting these storm surges. It's I had
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Speaker 5: a vacation home at Gulfshorts, Alabama when it was right well,
2:17
Speaker 5: I had it when Ivan hit, But there was a
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Speaker 5: hurricane that came right before Ivan that a lot of
2:20
Speaker 5: or Katrina, I mean, and the hurricane that came before
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Speaker 5: Katrina was iven. A lot of people forgot about that,
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Speaker 5: and down there I saw hotels literally ripped asunder, like
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Speaker 5: just in half and falling into the beach, And I
2:33
Speaker 5: mean it was like a desolate wasteland. And we ended
2:35
Speaker 5: up selling our property because I mean, after you know,
2:37
Speaker 5: a year and a half, it was still pretty bad
2:39
Speaker 5: down there.
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Speaker 4: It's should present a tremendous public policy issue for consideration
2:45
Speaker 4: by the United States Congress. If we were in a
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Speaker 4: situation where we didn't have paralysis in the federal government,
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Speaker 4: how long can we continue to subsidize federal flood insurance.
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Speaker 4: I mean, it certainly is good for real estate developers
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Speaker 4: and for existing homeowners of coastal property in some commercial development,
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Speaker 4: But in the long run, given what's happening with climate
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Speaker 4: change and raising sea levels, is that sustainable? Can you?
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Speaker 4: It's almost we had the same issue here in West
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Speaker 4: Virginia decades ago. For instance, Logan, some of the Williamson,
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Speaker 4: Welch Mullins towns are just consistently flooded. How long can
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Speaker 4: you sustain folks who just want to rebuild or re
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Speaker 4: establish a business in that flood prone area and write
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Speaker 4: flood insurance policies that aren't really insurance policies, they are
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Speaker 4: flat out subsidies. Because it is going to flood. There
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Speaker 4: is going to be a loss. We'll see. I just
3:46
Speaker 4: we hope that there's no loss of life. There is.
3:50
Speaker 4: If there's any silver lining to this dark cloud, it
3:53
Speaker 4: will be the notice on the storm tracker in the
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Speaker 4: Washington Post this morning. Going and put your two fingers
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Speaker 4: on the map, you know, and expand it and pull
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Speaker 4: it down. It looks like at least our part of
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Speaker 4: was Virginia sometime within the next seven days could be
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Speaker 4: looking at maybe one to two inches of soaking rain,
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Speaker 4: which we desperately, of course need. We just wish you
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Speaker 4: could come without, you know, the tragedy or calavity that
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Speaker 4: maybe fall befall the Gulf Coast. I want to get
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Speaker 4: started this morning, and certainly if anyone has a question
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Speaker 4: about the law and issue that they feel is pressing
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Speaker 4: a question about, Hey, I've suffered a loss or I
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Speaker 4: think that i've you know, there's some issue that's to
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Speaker 4: me and it doesn't seem right. I want to and
4:40
Speaker 4: maybe ask some advice, get pointed in the right direction.
4:43
Speaker 4: Give us a call here. Dale's going to give you
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Speaker 4: the call in information here directly because frankly, I can't remember.
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Speaker 4: Because anyone notice that Dale has mastered the art of
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Speaker 4: fast talking. He could be the guy on the fast
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Speaker 4: talking commercial from years ago.
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Speaker 5: The complaints I get sometimes and I work at someone
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Speaker 5: shows a lot of times to try to slow down
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Speaker 5: a little bit. It's just it's just the way I talk.
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Speaker 4: Listen, it happened to me, I can remember clearly, and
5:08
Speaker 4: this has been years decades ago. I tend to get
5:12
Speaker 4: when you get cranked up. So I was trying a
5:15
Speaker 4: case in the Circuit Court of Kanall County and Judge
5:19
Speaker 4: Herb Belcher was on the bench. That was Herb had
5:22
Speaker 4: been an intermediate court judge when we only had one
5:26
Speaker 4: circuit judge and then there were several lower level courts.
5:31
Speaker 4: And the Bill Mohler, the older Bill Molar was on
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Speaker 4: the other side. And Bill been around a long time
5:37
Speaker 4: and he was you know, Bill liked to try to
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Speaker 4: dominate you in the courtroom. He would get to talking
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Speaker 4: real fast, and sometimes he'd just make things up in
5:46
Speaker 4: kind of a lovable sort of way, but you had
5:48
Speaker 4: to watch him like a hawk. And Becky McClure was
5:53
Speaker 4: the was Herb's court reporter, and she's a shorthand reporter,
5:57
Speaker 4: which was quite common at the time. And she's taken
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Speaker 4: everything down and dipping a pen and ink and and
6:04
Speaker 4: you know she would she just a minute, she said,
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Speaker 4: when I've said something that Judge, these guys are talking
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Speaker 4: too fast and slow down. Well, but the second time,
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Speaker 4: Becky's you know, you guys are just gonna have slowed down.
6:18
Speaker 4: I'm in trouble getting this. Well, we will you and
6:22
Speaker 4: Mueller just kept ripping off and I was, I guess
6:27
Speaker 4: catching up with him. And finally Judge Belcher just slammed
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Speaker 4: his sends it. That's it. Take the jury out, take
6:33
Speaker 4: him out. He just read the right act. You guys
6:38
Speaker 4: should be ashamed of yourself. This young woman said, Now,
6:40
Speaker 4: if you don't slow down, I'm gonna it's going to
6:43
Speaker 4: be a mistrawler with both of you out of here.
6:46
Speaker 4: Oh yeah, he was hot. That was which was the lasson.
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Speaker 4: But I've I really have to watch myself like you
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Speaker 4: do in court, because you can start to get and
6:57
Speaker 4: make your point, you lose track absolutely how fast you're talking.
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Speaker 5: I legitimately love radio. I get excited at the beginning
7:03
Speaker 5: of every show, and so I come in with the energy,
7:06
Speaker 5: and I gotta I gotta settle into it.
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Speaker 4: Well, you know, I love I love doing this show,
7:09
Speaker 4: and sometimes I will get on on a rant, much
7:13
Speaker 4: to the chagrin of my son Tom Hope please don't
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Speaker 4: say that, please make people mad, and which leads me
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Speaker 4: to Tom, who I still maintain is the best lawyer
7:25
Speaker 4: on the consumer side of transactions under the age of fifties,
7:29
Speaker 4: certainly in this region, if not the state.
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Speaker 6: Uh.
7:33
Speaker 4: Tom's father in law, Joe Colter, is having a lot
7:35
Speaker 4: of health problems. He's in a hospital day. He's been
7:37
Speaker 4: in there for a couple of days down Tee's Valley.
7:39
Speaker 4: So if you're listening to give your thoughts and prayers
7:42
Speaker 4: to the Culture family, I'm not I don't think it's
7:45
Speaker 4: a terminal, but it's a serious condition. And so if
7:50
Speaker 4: you if you're one of Tom's clients or you're looking
7:52
Speaker 4: for him for the next couple of days, kind of
7:53
Speaker 4: ease up a little bit. Guy's got a lot on
7:56
Speaker 4: his mind and his father in law's a really sick
7:58
Speaker 4: in the hospitals. Can it says one of those stories
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Speaker 4: that West Virginians can share, you know, with my grandfather,
8:07
Speaker 4: Harvey D. Payton, who I never knew, but he's who
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Speaker 4: I'm named for. I came back from the First World War.
8:12
Speaker 4: He was totally disabled. He was gassed when my dad
8:16
Speaker 4: was born. My grandfather was in a hospital in North
8:19
Speaker 4: Carolina and he never recovered. He died in nineteen forty
8:23
Speaker 4: from pulmonary hemorrhages. My grandmother actually fought for and received
8:30
Speaker 4: then a would Hiss benefit because he died as a
8:33
Speaker 4: result of wounds sustained in the war. But then he
8:37
Speaker 4: was from Campbell County. Originally met my grandmother down in
8:40
Speaker 4: Mason County while he was working. She was a cook
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Speaker 4: on a farm and he was a carpenter, and he
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Speaker 4: got a little bit of money from his family in Huntington.
8:47
Speaker 4: They came to Saint Albans in like nineteen thirty one,
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Speaker 4: bought a few acres, which is we still own. My
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Speaker 4: daughter and her son Brian or her husband Brian Roberts
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Speaker 4: lived there and they wanted to He bought the farm
9:01
Speaker 4: and wanted to go to farming. He had a chicken farm.
9:04
Speaker 4: They had to grow some corn. Well, he didn't have
9:06
Speaker 4: any money to buy feed, and he tried to go
9:09
Speaker 4: to one feed store in Saint Albans and they wouldn't
9:11
Speaker 4: help him out. So he goes to the other feed store,
9:14
Speaker 4: which was owned by Joe Colter's grandfather, who was also
9:18
Speaker 4: a World War One vet, and so he gave my
9:21
Speaker 4: grandfather credit to buy seed to get started in the farm.
9:25
Speaker 4: And then like eighty years later his great granddaughter and
9:32
Speaker 4: my and Harvey d the first great grandfather and grandson
9:37
Speaker 4: get married. So it's been attachment that's gone on for
9:41
Speaker 4: a long time. Actually, people who grew up in and
9:45
Speaker 4: around Saint Albans in the fifties sixty seventies remember Colter Feed.
9:50
Speaker 4: It was at the far end of the Coal River Bridge,
9:54
Speaker 4: right across from where Ginos and Tutors is now in
9:56
Speaker 4: Saint Albans. And I remember it well because in the
9:59
Speaker 4: fifth my grandmother's still around the chicken farm there off
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Speaker 4: of West Main Street, and we would go down by
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Speaker 4: Phoenix Coulters. But she always wanted to go so she
10:11
Speaker 4: wanted to pick out the sacks that the feed came in,
10:14
Speaker 4: because at that time they were patterned, and so I
10:18
Speaker 4: had a lot of shirts and my sister had a
10:21
Speaker 4: lot of little dresses made out of feed sacks. Right,
10:24
Speaker 4: So think about Jay today, I hope wish him the
10:28
Speaker 4: very best. And if you're looking for Tom or looking
10:31
Speaker 4: to dog him, because he might not be he returning
10:33
Speaker 4: your calls as quick today as he should. He's got
10:35
Speaker 4: a lot of other things going on. Driving up this morning.
10:41
Speaker 4: You know, things come bounced to you out of the past,
10:44
Speaker 4: sort of like the story about my grandfather and older
10:49
Speaker 4: mister Colder. The announcement that the environmental impact statement for
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Speaker 4: the seven thousand foot or the extension of the runway
10:59
Speaker 4: at Jaegery Airport to seven thousand feet had been put
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Speaker 4: on hold, which means that project's canceled period boom, let's
11:06
Speaker 4: just call it what it is. It's not going to happen.
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Speaker 4: It made me think, you know, this area was promised
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Speaker 4: a seven thousand foot airport, seven thousand foot runway in
11:19
Speaker 4: nineteen sixty eight. The politicians that Rankinall County and the
11:25
Speaker 4: Chilting backed newspapers and the Stanton backed Daily Mail killed,
11:31
Speaker 4: essentially killed an effort to build a modern airport between
11:37
Speaker 4: Charleston and Huntington and Tayes Valley. They killed it with lies,
11:41
Speaker 4: misinformation and political shenanigans. And because at that time Kannall
11:46
Speaker 4: County had a large population, it was the big Cahun
11:49
Speaker 4: In elections. They got Jennings Randolph, who thought all planes
11:54
Speaker 4: were going to be vertical takeoff of landing planes within
11:56
Speaker 4: the next ten years. To assure everyone that money he's
11:59
Speaker 4: going to be available. He'll just hear Jennings say, Jenning's
12:03
Speaker 4: money will be available in two years. Takestend that runway
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Speaker 4: to seven thousand feet. Well that killed the bond issue
12:10
Speaker 4: or the election, which had already passed in Putnam and
12:13
Speaker 4: Cable County. And here we are, and we've heard for decades,
12:18
Speaker 4: well we've got all the airport that our market deserves. Well, yeah,
12:20
Speaker 4: because we created a market, uh for the airport we have. Right.
12:26
Speaker 4: I remember sitting and you know, briefly in the early
12:28
Speaker 4: two thousands, keeping in mind that I've been in this
12:33
Speaker 4: studio on Thursdays almost every week for twenty six years.
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Speaker 5: Incredible.
12:39
Speaker 4: That's sitting across from in the other shoe is Rick
12:41
Speaker 4: Johnson another you know, Rick was here. He's I think
12:43
Speaker 4: station managed for a while or something. Anyway for a
12:46
Speaker 4: one time. Yeah, he was from Saint Aubans. We had
12:49
Speaker 4: a kinship and Rick and we were saying, I said, Eric,
12:54
Speaker 4: I'm just for this airport. I talked to Danny James.
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Speaker 4: Danny was running for his first term of mayor and
12:58
Speaker 4: he'd been for the regional airport. He was afraid it
13:01
Speaker 4: would hurt him, and that topic came up, and Rick's
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Speaker 4: about I just can't see expending four hundred and sixty
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Speaker 4: million dollars for some airport down there. Well you just
13:11
Speaker 4: wait now twenty six, twenty four years later, I would
13:15
Speaker 4: assure you if we piled up all the money that
13:19
Speaker 4: has been poured into what Jaeger West Virginia International super
13:27
Speaker 4: Cooper Airport, it's close to a billion dollars. Think of
13:31
Speaker 4: what we paid when the runway extension collapsed, right, what
13:35
Speaker 4: we did to secure the airbase, which is not a
13:39
Speaker 4: bad thing. The airbase is a good thing. Not to
13:41
Speaker 4: say it couldn't operate independently. Certainly the airport couldn't operate
13:45
Speaker 4: without it because we could never afford with our passenger base.
13:48
Speaker 4: But so we can't change, we can't go back, but
13:52
Speaker 4: perhaps going forward with other projects and other things, we
13:56
Speaker 4: can think back about what happens when you put too
14:00
Speaker 4: much influence in the hands of a few, really rich,
14:04
Speaker 4: really self interested, really conservative mineral interests, political interests, journalism,
14:10
Speaker 4: interests and now we all suffer. I suppose that was
14:14
Speaker 4: my thoughts. So that's my little pitch for today. The second,
14:16
Speaker 4: I'm starting to think about some legal topic because there's
14:20
Speaker 4: just not much going on here in West Virginia, and
14:21
Speaker 4: the Supreme Court just started their fall term. As Jeff
14:26
Speaker 4: and I talked about last week, perhaps here by the
14:30
Speaker 4: end of this fiscal year, by the time the June
14:32
Speaker 4: or the May term ends, we'll be able to compare
14:36
Speaker 4: and see how many cases are going from the Intermediate
14:38
Speaker 4: Court of Appeals up to the Supreme Court, to see
14:41
Speaker 4: if the Intermediate Court of Appeals is actually taking caseload
14:45
Speaker 4: off the Supreme Court. It is certainly the Intermediate Court
14:49
Speaker 4: of Appeals doing the job of addressing workers' compensation cases
14:54
Speaker 4: and family court cases, because I see those reported consistently
15:00
Speaker 4: family fashion and in a timely fashion. To have ANUE judge,
15:03
Speaker 4: which will be coming on January one, Ryan White will
15:05
Speaker 4: be taken over one of the judges who was originally
15:10
Speaker 4: appointed and did not seek real seek election to the post.
15:16
Speaker 4: So we'll see I did. I've read in the Times
15:20
Speaker 4: and in the Warston Post. You know, there's some perhaps
15:24
Speaker 4: self created controversy by former President Trump about who should
15:29
Speaker 4: investigate and prosecute this guy who was found hiding in
15:33
Speaker 4: the bushes with a rifle by the golf course down
15:37
Speaker 4: in Florida. For he's going to be indicted by the Feds,
15:41
Speaker 4: if not already sealed up and sometimes shortly for attempted
15:46
Speaker 4: assassination of a former president and former President Trump or
15:52
Speaker 4: President Trump. I mean, once they're president or president, he's
15:56
Speaker 4: got to buy some partisan that insist on former I
15:59
Speaker 4: mean I called President Bush President Bush and President Clinton
16:02
Speaker 4: president Trump missed out of respect for the office of
16:06
Speaker 4: nothing else. I mean as well, it should be prosecuted
16:08
Speaker 4: in Florida. Well, it could be. I mean there's concurrent jurisdiction. Certainly,
16:12
Speaker 4: if this gentleman or person who's hiding in the bushes
16:15
Speaker 4: with the rifle committed some violation of state law, the
16:19
Speaker 4: state of Florida is certainly free concurrently to prosecute him,
16:23
Speaker 4: so long as they don't infringe upon the federal jurisdiction.
16:26
Speaker 4: The federal court certainly has jurisdiction of this crime. But
16:30
Speaker 4: the interesting thing is, you know, it wasn't until after
16:36
Speaker 4: John F. Kennedy was murdered in Dallas in November nineteen
16:40
Speaker 4: sixty three that we even moved Congress moved to make
16:46
Speaker 4: the assassination or attempted assassination of the United States President
16:49
Speaker 4: a federal crime. I mean, the reason that Lee Harvey
16:54
Speaker 4: Oswald was being recklessly paraded around the building that the
17:01
Speaker 4: Dallas Police headquarters a couple of days after the Kennedy
17:06
Speaker 4: was murdered and was himself murdered by Jack Ruby. Just
17:10
Speaker 4: because it was a Texas murder case. It wasn't a
17:14
Speaker 4: federal case. There was no jurisdiction for the FBI to
17:17
Speaker 4: go in and grab this guy or federal marshals to
17:19
Speaker 4: take him and whisked him off to a federal detention center.
17:22
Speaker 4: And Lincoln was assassinated. He was the first, although there
17:26
Speaker 4: were attempts before that. It was still during the hostilities
17:31
Speaker 4: of the Civil War. Even though Lee had surrendered, there
17:33
Speaker 4: was still troops, Confederate troops in the field. Johnson was
17:37
Speaker 4: still in North Carolina. There were people in Texas, and
17:41
Speaker 4: Stanton insisted that those conspirators be tried by a military tribunal,
17:46
Speaker 4: and they were and executed, the probably far fewer of
17:52
Speaker 4: them than should have been. And then he had Garfields,
17:56
Speaker 4: who was shot at Union station in Washington, d C.
17:59
Speaker 4: By the Looney Tunes job Seeker. Well, that was in
18:03
Speaker 4: the District of Columbia, so DC had jurisdiction. He was tried, convicted,
18:07
Speaker 4: and executed in the district. McKinley was shot in Buffalo,
18:11
Speaker 4: New York. And therefore this is Zolga's guy. The anarchists
18:18
Speaker 4: shot him, took him a couple of days for the
18:21
Speaker 4: wounds to kill him. But z allg Oz was tried, convicted,
18:26
Speaker 4: and executed. It sings. I mean, he was tried under
18:29
Speaker 4: the laws of the state of New York. Even when
18:30
Speaker 4: Truman their attempts were made on Truman's life in the
18:33
Speaker 4: district in the early fifties and they were shooting from
18:36
Speaker 4: the gallery of the capital. Those folks were prosecuted for sedition,
18:42
Speaker 4: but in the District of Columbia, which was always a
18:44
Speaker 4: federal jurisdiction. But when Kennedy was shot, I mean, it
18:47
Speaker 4: wasn't until later in the nineteen sixties. I mean, there
18:51
Speaker 4: was some gun legislation passed and it was actually made
18:54
Speaker 4: a federal crime to attempt to kill or to kill
18:57
Speaker 4: a president of the United States. That's pretty remarked now.
19:00
Speaker 4: By the time Sarah Jane Moore tried to kill and
19:02
Speaker 4: squeaking for him, tried to kill Gerald Ford. They were
19:05
Speaker 4: confined over here at Alderson right then it was a
19:09
Speaker 4: federal crime. But I just thought, that's kind of interesting.
19:12
Speaker 4: We went one hundred years from the assassination of Lincoln
19:16
Speaker 4: to the murder and assassination of Kennedy and never got
19:20
Speaker 4: around to saying, you know, we should make this a
19:21
Speaker 4: federal crime. It's kind of wild to think about. It
19:24
Speaker 4: is to think about now. You know. One of the
19:27
Speaker 4: other crazy givy things that I think about is how
19:29
Speaker 4: does a guy who I mean, he's not so this guy,
19:32
Speaker 4: if you believe what he writes about. I mean, who
19:36
Speaker 4: is from North Carolina, who's living on some remote beach
19:41
Speaker 4: in Hawaii, end up in Florida on the same day
19:46
Speaker 4: that Donald Trump is playing golf. I mean, I'm not
19:50
Speaker 4: a big conspiratist, but I'm assuming that somehow this guy
19:54
Speaker 4: was just so. I mean, you know, people who obsess
19:57
Speaker 4: on a single thing, right, just obsess, and they can
20:01
Speaker 4: come into they can analyze things and on their in
20:04
Speaker 4: their own distorted dropped away and zero in. And I
20:08
Speaker 4: guess clearly that's what he is. There's no charge of conspiracy.
20:12
Speaker 4: You can't conspire with yourself, you know, two or more people.
20:18
Speaker 4: But if what we hear is true what the investigators
20:22
Speaker 4: have found out and analysis of his electronic devices and
20:27
Speaker 4: things they have found, I don't know what they found
20:29
Speaker 4: yet searching his various residences and vehicles. He was tracking Trump.
20:34
Speaker 4: He didn't go try and kill him. And it's a
20:36
Speaker 4: frightening thing to think about. See, I mean, the thing
20:39
Speaker 4: in Pennsylvania's frightening. Clearly a very disturbed young person who
20:45
Speaker 4: apparently had notes on the on the on the travel
20:48
Speaker 4: schedules of both President Biden President Trump, like he was
20:52
Speaker 4: just looking for an opportunity. He was looking for us,
20:54
Speaker 4: a moment of fame. He was looking for a moment
20:56
Speaker 4: of him what he would perceive to be immortality. Whatever
21:00
Speaker 4: opportunity to presented itself, he would have taken. But this
21:02
Speaker 4: guy was you know, at least what we know. A
21:06
Speaker 4: little more will come out when he's when the indictments
21:08
Speaker 4: return and we find out what they've got. But it
21:11
Speaker 4: is frightening to think. But we live in a politically
21:14
Speaker 4: violent country. You know, Ronald Reagan was shot by a
21:17
Speaker 4: crazy guy. I mean, he wasn't politically motivated. He was
21:20
Speaker 4: trying to impress Jodie Foster. I guess at the time
21:23
Speaker 4: he didn't know that Jodie wouldn't have been interested in anybody, right, anybuddy,
21:27
Speaker 4: it's you're on the wrong team because of her rolling
21:32
Speaker 4: Taxi Driver, which is one of the really good movies,
21:36
Speaker 4: but one of the glorious.
21:37
Speaker 5: Oh yeah, and just the I mean her rolling at
21:39
Speaker 5: as a young prostitute In Yeah, Robert in Newes's character
21:43
Speaker 5: rest shoes were from a pimp basically. I mean, it's
21:45
Speaker 5: a dark story about.
21:46
Speaker 4: Harvey key Tale Harvey Kaine tell his roll in the
21:48
Speaker 4: movie Oh yeah, rightness.
21:49
Speaker 5: I mean, it's one of the greatest acted films of
21:51
Speaker 5: all time. But it is a dark narrative, there's no
21:53
Speaker 5: doubt about it.
21:54
Speaker 4: Well, you know, it's funny you mentioned that I've got
21:57
Speaker 4: a in our office building in which we were celebrating
22:01
Speaker 4: our thirtieth the year in that building next month, and
22:04
Speaker 4: actually our receptionist, Maldie Matthews, it'll be her thirtieth year
22:09
Speaker 4: with the firm because she started working with the Peyton
22:11
Speaker 4: Law Firm when we moved into our new building. But
22:14
Speaker 4: I have an office upstairs that has a little conference
22:16
Speaker 4: room next to it, and now I've got to have
22:18
Speaker 4: a TV in there because now that I'm mostly in
22:22
Speaker 4: the office, Tom does the litigation work. And yesterday sat
22:26
Speaker 4: down to lunch because I cannot stand the I mean,
22:29
Speaker 4: I like Channel three News, They're quite informative, but from
22:31
Speaker 4: noon until one o'clock it's simply one continuous lawyer commercial
22:37
Speaker 4: and it's like a busman's holiday. Why do I want
22:40
Speaker 4: to sit here and eat lunch and watch this. I
22:42
Speaker 4: turn on Turner Classic Movies, and yesterday it was Bad
22:47
Speaker 4: Day at Black Rock. You talk about a great movie,
22:50
Speaker 4: you know, you look and Ernest morganin as a younger man,
22:54
Speaker 4: Lee Marvin as a younger man, Robert shoot Shawl, No
23:00
Speaker 4: Spencer Tracy at his finest, Walter Brennan, Dean Jagger. I mean,
23:04
Speaker 4: it's just an incredible array of talent and a really
23:08
Speaker 4: great movie. Where the scene that Walter that the Spencer
23:13
Speaker 4: Tracy steals from the where he the scene was shot
23:18
Speaker 4: where it's the antagonists talk confronts him at the first time,
23:22
Speaker 4: the guy who actually killed the Japanese national and a
23:28
Speaker 4: gas station and there face to face, which is how
23:31
Speaker 4: the scene was supposed to be shot. But there's a
23:34
Speaker 4: box by the wall, and Spencer Tracy sits down on
23:38
Speaker 4: the box, and so the camera has to zero in
23:42
Speaker 4: on him, and all you see that is the back.
23:46
Speaker 4: My understanding was that he had lived that because he thought,
23:49
Speaker 4: you know, I'm shorter than this guy, and so if
23:51
Speaker 4: we're standing face to face, we're going to be you know,
23:54
Speaker 4: all the emphasis is on him. But if I sit
23:56
Speaker 4: down the camera the act of a great eight Academy
24:01
Speaker 4: Award winning actor.
24:02
Speaker 5: I love the history of some of those old movies
24:04
Speaker 5: and how a lot of conventions and modern film were
24:07
Speaker 5: invented by the actors back in the day.
24:09
Speaker 4: And you know, there's a lot of that in trying lawsuits.
24:12
Speaker 4: You know, that's one of the big things I always
24:15
Speaker 4: tried to do. Oh guys, let's take a break, and.
24:18
Speaker 5: We're going to know that now I didn't even know
24:20
Speaker 5: what title was. Hey, you can give Harvey a call.
24:21
Speaker 5: We've been talking this morning and but you're welcome to
24:23
Speaker 5: give Harvey a coffee. Have any questions about law, how
24:25
Speaker 5: can affect your life, How you maybe get some help
24:27
Speaker 5: from the Payton Law firm. You can put the power
24:29
Speaker 5: of Peyton on your side. Three zero four three four
24:31
Speaker 5: five fifty eight fifty eight three four five fifty eight
24:33
Speaker 5: fifty eight. You can find out more information about the
24:35
Speaker 5: Payton Law Firm online. It's Payton Lawfirm dot com.
24:37
Speaker 4: That's p. E.
24:38
Speaker 5: Y t Inn Peyton Lawfirm dot com, located in Nitro,
24:41
Speaker 5: West Virginia. Of course seven five five fifty five fifty
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Speaker 5: six three zero four seven five five fifty five fifty six.
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Speaker 5: You can call us though before we come back. Three
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Speaker 5: four three four five fifty eight fifty eight threes are
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26:38
Speaker 5: online Peyton Lawfirm dot com. Peyton lawfrom dot com.
26:41
Speaker 4: Well, we can talk about a bit about a law
26:43
Speaker 4: that we do not have in West Virginia, and that
26:46
Speaker 4: is the death penalty. We have not had. The death
26:49
Speaker 4: penalty is the ultimate punishment for any crime in West
26:52
Speaker 4: Virginia since the mid nineteen sixties. I think the last
26:55
Speaker 4: person executed in this state was Electriccuter at Moundsville, if
27:01
Speaker 4: I'm not mistaken. It was for the kidnapp and murder
27:03
Speaker 4: of a car salesman here in Charleston. You know it
27:06
Speaker 4: for a test drive wasn't uncommon at that time. I mean,
27:10
Speaker 4: the salesman got in the car with anyone for a
27:12
Speaker 4: test drive. I think the fella wanted to steal the car,
27:16
Speaker 4: so he took the man to some obscure location, killed him,
27:22
Speaker 4: and took the car, was convicted, sentenced, and executed. Uh. Interestingly,
27:28
Speaker 4: we have seen no significant optick and murder. I mean,
27:32
Speaker 4: did the death penalty to me? The idea that it
27:36
Speaker 4: is a deterrent. I practiced a lot of criminal law
27:40
Speaker 4: in my career, and across the board, I never met
27:48
Speaker 4: anyone who was smart enough for cunning enough to really
27:53
Speaker 4: think about the ultimate punishment. They all think they're really
27:56
Speaker 4: smart and really cunning, and they're going to get away
27:58
Speaker 4: with it. And the murders that I've been involved in
28:02
Speaker 4: are almost exclusively crimes of passion. But the homicides, I
28:09
Speaker 4: should say, every case I tried wasn't a murder case.
28:15
Speaker 4: Seldom do you see murder by lying in wait, they're
28:18
Speaker 4: killing for hire. Those are now possible, of course, by
28:20
Speaker 4: life in prison without the possibility of parole. But yesterday
28:24
Speaker 4: I think it was the state of Missouri executed a
28:28
Speaker 4: man who'd been on death row for almost thirty years.
28:31
Speaker 4: During the course of his confinement on death row, certainly
28:34
Speaker 4: forensics have changed, analysis of criminal conduct has changed. The
28:39
Speaker 4: prosecuting attorney who convicted him and sent him to the
28:42
Speaker 4: death row said, hey, I now have doubts about this,
28:48
Speaker 4: which bumps up against the principles that our Supreme Court
28:51
Speaker 4: has laid down, is that there's a point when new
28:54
Speaker 4: process runs out that guilt or innocence is not necessarily
28:58
Speaker 4: the issue we can't reltigate things forever. I think we
29:02
Speaker 4: have to accept the fact that if you support the
29:05
Speaker 4: death penalty and I don't, I think I'm sort of
29:08
Speaker 4: like you. I'm not. I mean, I think it's I mean,
29:12
Speaker 4: we remember Gary Gilmore, who was the first person executed
29:17
Speaker 4: after the death penaler was restored in nineteen seventy six.
29:21
Speaker 4: He was killed by firing squad in Utah, But we
29:24
Speaker 4: don't remember the name of the store clerk or the
29:27
Speaker 4: hotel clerk, two fine young men near Salt Lake City
29:32
Speaker 4: who he killed, so the notariety goes to him. And
29:34
Speaker 4: if you read the book Executioner's Song, he was just
29:38
Speaker 4: a piece of trash. I mean, he was just worthless,
29:42
Speaker 4: bummy human being who didn't mean he should be at
29:45
Speaker 4: this time sitting out at Point of Mountain Prison in Utah,
29:50
Speaker 4: institutionally insane and slowly rotting his way towards the grave
29:54
Speaker 4: in confinement instead of being somewhat of a not a hero,
29:58
Speaker 4: but a person of note. Ride you have to accept
30:03
Speaker 4: the fact that innocent people will die. I mean, we
30:06
Speaker 4: have seen when the vast majority, the vast vast majority
30:11
Speaker 4: of criminal defendants who are convicted did just what the
30:16
Speaker 4: state says they did. It's not the practice of the
30:19
Speaker 4: United States or the various states or municipality just to
30:22
Speaker 4: go arrest innocent people, charge them with serious crimes and
30:25
Speaker 4: put them in prison. It is not the practice of
30:28
Speaker 4: ninety five plus percent of the police officers, at least
30:32
Speaker 4: the ones that I've dealt with, to do things that
30:34
Speaker 4: are wrong. Now, are they biased in favor of the
30:39
Speaker 4: job they have to do. We'll sure they are. I mean,
30:41
Speaker 4: the prosecutor's job is to prosecute people, but as lawyers,
30:45
Speaker 4: they're constrained by also have to do right, do justice.
30:50
Speaker 4: But they are going to be mistakes. I mean, we've
30:52
Speaker 4: seen the Innocence Project Barry Shack, and there's an innocence
30:57
Speaker 4: project here in West Virginia and in other states where
31:00
Speaker 4: they have the death penalty, which have conclusively established that
31:05
Speaker 4: people on death row didn't do it. Now, does that
31:09
Speaker 4: mean they didn't do something wrong? And under the idea
31:12
Speaker 4: that well, if you're involved in a murder in a group,
31:17
Speaker 4: but you're not actually the trigger man or the killer,
31:19
Speaker 4: the death penalty is not appropriate. So is that the case,
31:23
Speaker 4: or is it the case of just mistaken identity or
31:27
Speaker 4: in the rare case of police and prosecutorial misconduct. Somebody
31:30
Speaker 4: who just railroaded. That's going to happen. Now, that's not
31:33
Speaker 4: going to change what happened in Missouri yesterday or in
31:36
Speaker 4: South Carolina the day before that a witness recanted his
31:42
Speaker 4: testimony which put the person on death row. But that
31:45
Speaker 4: happens all the time. I mean, it essentially comes down
31:49
Speaker 4: I think to are you a proponent of the death penalty?
31:53
Speaker 4: Do you believe it can be enforced and applied fairly
31:56
Speaker 4: and constitutionally without by I asked, prejudice? Or are you
32:04
Speaker 4: just opposed to it? Because the states should not take
32:07
Speaker 4: a human life, And largely these cases devolve at least
32:13
Speaker 4: after the fact. Along those lines, there are proponents and opponents.
32:17
Speaker 4: We do not need the death penalty. In West Virginia,
32:19
Speaker 4: there have been some rumblings about that. I mean, when
32:22
Speaker 4: the terrible case where the really fine young fellow of
32:25
Speaker 4: the state trooper was killed by this guy down of
32:28
Speaker 4: Mingo County. I remember talking to Hobby. I said, well,
32:33
Speaker 4: let's see who the first person is who wants to
32:37
Speaker 4: capitalize on this for a political favor. Had About two
32:41
Speaker 4: days later, Mike Stewart comes forward and says I'm going
32:43
Speaker 4: to propose a bill to compose the death penalty on anyone
32:46
Speaker 4: who kills the police call. That answers your question. Some
32:49
Speaker 4: parties and politician is going to exploit that for their
32:52
Speaker 4: own interests. And certainly there are cases heenus cases where
32:58
Speaker 4: you just have to say, I really like a little
33:00
Speaker 4: revenge on this person. We want societal retributial.
33:04
Speaker 5: Deaths and stuff like that are the things that I
33:05
Speaker 5: look at and have a hard time surfacing my empathy
33:09
Speaker 5: a lot of the time.
33:10
Speaker 4: Well, and what about serial killers exactly are animalistic? But
33:19
Speaker 4: then you know, but one of the quotes that I
33:23
Speaker 4: really like it came from my good friend Frankie Litton.
33:26
Speaker 4: His dad, Franklinton Senior, was one of the great lawyers
33:29
Speaker 4: around here, and said, you know, no matter how then
33:31
Speaker 4: the pancake, it always has two sides you can look at.
33:34
Speaker 4: I don't know about Ted Bundy if there's any other
33:36
Speaker 4: side to look at, but it takes some of these
33:40
Speaker 4: people and when you really look, and I've had these
33:45
Speaker 4: folks as client at their background. I mean, children are
33:48
Speaker 4: not born evil. Children are born pure and innocent. But
33:51
Speaker 4: so if you've got a ten twelve year old kid
33:54
Speaker 4: who's been bounced in and out of foster care and
33:57
Speaker 4: with grandparents and sent aunts and uncles and people they
34:01
Speaker 4: don't know and beaten and sexually and mentally abused, and
34:06
Speaker 4: so now they are showing so they they're killing pets,
34:10
Speaker 4: they're involved in the inappropriate touching, and they grow up
34:14
Speaker 4: into the Gary Gilmore's of the world. Well, this is horrible,
34:20
Speaker 4: but there's another side of this story. They weren't more
34:23
Speaker 4: in this way, and they don't deserve to be to
34:25
Speaker 4: die this way. Every I mean, everybody's a child of God. Everybody,
34:31
Speaker 4: every life has some value somewhere You're hard to see,
34:34
Speaker 4: but it's somewhere.
34:35
Speaker 5: You can look at the kid, although obviously he was
34:38
Speaker 5: he died at the attempt of President Trump's life in Pennsylvania,
34:42
Speaker 5: but you look at the culture that he grew up in,
34:44
Speaker 5: you could basically say he was conditioned to do what
34:46
Speaker 5: he did. Yeah, you know, I mean, surely responsibility falls
34:50
Speaker 5: on him ultimately, but also he was fed pretty much
34:53
Speaker 5: a steady diet that turned him into what he was, well,
34:55
Speaker 5: what he became.
34:56
Speaker 4: That's true. I'll always say this. The State of Georgia,
35:02
Speaker 4: they have indicted the parents of the boy who shot.
35:06
Speaker 4: I think that's wrong. If you want to do something
35:10
Speaker 4: about the school shootings in the State of Georgia, then
35:12
Speaker 4: you restrict the ability of people under eighteen to own ar.
35:18
Speaker 4: The father of that child did not break the law.
35:20
Speaker 4: Now it's stupid. The kid had had trouble. It's a
35:24
Speaker 4: hell of anaier in judgment, But the state of Georgia
35:27
Speaker 4: is looking for an out by prosecuting the parents. Look
35:31
Speaker 4: what we're doing about school violets. No, well, look what
35:33
Speaker 4: you're doing about two dead students and two dead administrators.
35:38
Speaker 4: Because the parent was able to do legally what he did,
35:43
Speaker 4: which was put in a military style weapon in the
35:46
Speaker 4: hands of a troubled child, he was able to do
35:49
Speaker 4: legally what you won't do, which is past a red
35:52
Speaker 4: flag law, so that if you see someone who is
35:55
Speaker 4: exhibiting traits that will make them a danger to themselves
35:59
Speaker 4: or others, and restrict their access to firearms of all kinds,
36:03
Speaker 4: you can have a central registry that doesn't infringe upon
36:06
Speaker 4: that person's rights unduly because the risk of harm to
36:11
Speaker 4: the state is certainly a prevailing state interest. So I mean,
36:17
Speaker 4: I'm sort of divided on that in that regard. Certainly
36:22
Speaker 4: there was no excuse for what happened. The fellow committed
36:25
Speaker 4: for murders and he's going to be confined for the
36:28
Speaker 4: rest of his life. But for the State of Georgia
36:31
Speaker 4: to try and get themselves off the hook and feel
36:33
Speaker 4: good about their procedure because you let this kid grow
36:37
Speaker 4: up in a legal environment where this could all happen.
36:40
Speaker 5: The parents followed their laws, the state's laws.
36:42
Speaker 4: The parents followed the state's law, they assured it. Now
36:44
Speaker 4: does that mean they don't have significant civil liability? Clearly?
36:47
Speaker 4: But as their criminal liability, Hey, we're pretty close to
36:50
Speaker 4: the end. So I wanted to talk a bit about
36:51
Speaker 4: Peyton Law Firm. We've been in business fifty plus years.
36:56
Speaker 4: We are situated in Nitro, in the Putnam count end
37:00
Speaker 4: of Nitro. Our clientele consists largely of local folks. We
37:04
Speaker 4: are local folks, we have lived here. We don't have
37:06
Speaker 4: to put on our commercials that your case will be
37:09
Speaker 4: handled by a lawyer licensed in West Virginia, even though
37:13
Speaker 4: the speaker is not. If you come to see us,
37:16
Speaker 4: we're not only licensed in West Virginia. We live in
37:18
Speaker 4: West Virginia. We grew up here. We practice law in
37:21
Speaker 4: these courts for half a century and we know our
37:24
Speaker 4: way around. So if you've got a loss, a question
37:27
Speaker 4: you need to think, you need to talk to a
37:28
Speaker 4: lawyer and wants some advice. Peyton Lawfirm dot com. Stop
37:32
Speaker 4: and see us at twenty eighty one first Avenue or
37:34
Speaker 4: call us at three or four seven five five five, five,
37:38
Speaker 4: five six. Thank you very.
37:40
Speaker 5: Much, have a great day everyone on five ADWHS.
37:45
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