Latest / Ask the Lawyer / 01/23/2025 Ask the Lawyer with Tom Peyton

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01/23/2025 Ask the Lawyer with Tom Peyton · Ask the Lawyer

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Speaker 4: Twenty two minutes past eight o'clock, you are listening to
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Speaker 4: the power of Peyton. Ask the lawyer this morning with
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Speaker 4: BOBB ADWCHS. Tom Payton from the Payton Law Firm is
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Speaker 4: in studio with this this morning. You can call threes
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Speaker 4: are A four three, four two eight one three one.
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Speaker 4: West Virginia, Tom, Good morning. How you doing this morning?
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Speaker 4: I'm doing okay, I can't. I guess I need a
1:15
Speaker 4: be turn your mic one.
1:16
Speaker 5: Well you don't have to, but that'll help.
1:18
Speaker 4: It helps it.
1:19
Speaker 5: Doing well. Glad to be here. Brave the cold.
1:21
Speaker 4: Oh my goodness, man, I am tired of the cold.
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Speaker 5: I am too. And the good thing. I think it's
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Speaker 5: gonna be like thirty degrees today and it's all relative.
1:27
Speaker 4: Uh.
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Speaker 5: You know, when you've been in ten degree weather then
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Speaker 5: all of a sudden thirty seven.
1:32
Speaker 4: Yeah, exactly true.
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Speaker 5: Like when Dad and I would go, you know, way
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Speaker 5: up north in the summertime on our fishing trips. Haven't
1:38
Speaker 5: gone in years, but uh, you know, it's pretty chilly
1:42
Speaker 5: up there. We go in August and see snow sometimes.
1:45
Speaker 3: Uh.
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Speaker 5: But the fishing guides that lived up there, you know,
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Speaker 5: we're on a boat on thirty miles per hour. It's
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Speaker 5: forty degrees. I'm bundled up and they're wearing short sleeves. Fine,
1:56
Speaker 5: because they're just used to it. Your body gets used
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Speaker 5: to it so quickly, and then I know one place
2:00
Speaker 5: they're not used to. It is Baton Rouge, where my
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Speaker 5: son goes to school. They've canceled everything for the entire
2:05
Speaker 5: Yeah snow, yeah.
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Speaker 4: Yeah, for sure when you're in an area and it's
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Speaker 4: not used of getting that for sure, kids neat.
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Speaker 5: I don't know if they've had that snow. I don't
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Speaker 5: know how long it's been. It's almost inconceivable. But they
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Speaker 5: did contract some snowplows out of Indiana to go down
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Speaker 5: and help clear the snow, and it'll melt off in
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Speaker 5: a day or so. But it was Code red down there.
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Speaker 5: You know, word power is going to go out and
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Speaker 5: things like that.
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Speaker 4: But the nice thing about it here this morning is
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Speaker 4: it's cold. It's cold. It's not quite as cold as
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Speaker 4: I think. It's in like ten instead of six or whatever.
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Speaker 4: You know, right, it's not negative like it or whatever. Yeah,
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Speaker 4: it's gonna warm up.
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Speaker 5: And that's the one good thing about living here in
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Speaker 5: our in our climbate are the seasons. And it does
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Speaker 5: cause you to you know, those first seventy degree days
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Speaker 5: and maybe late March or just some of the best.
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Speaker 4: Oh yeah, I tell you, will you anticipate those Our
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Speaker 4: boys are out there today. If you've listened to these stations.
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Speaker 4: We're having the side drop Radio thign today and that's
3:01
Speaker 4: where we're collecting socks for the needy folks. So our
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Speaker 4: parking lot is is basically a drive through right now.
3:07
Speaker 4: If you want to drop off socks, you can do that.
3:08
Speaker 4: You drive through our to drive through, you don't even
3:10
Speaker 4: have to get out of your car. We have folks
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Speaker 4: there from Union Mission that can make that happen. You
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Speaker 4: can help make a difference today with the Drop your
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Speaker 4: Socks drive through presented by Panhandle Cleaning and Restoration in Sissonville.
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Speaker 4: Stop by the WVRCWCHS studios on Virginia Street anytime but
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Speaker 4: until six o'clock to donate brand new packs of socks,
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Speaker 4: cash or checks to benefit Union Mission. Your support will
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Speaker 4: provide warmth and care to those in need this winter.
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Speaker 4: Don't wait, you can stop by today. We'll be here
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Speaker 4: until six o'clock this evening collecting socks around our look cass.
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Speaker 5: The parking lot was occupied there with some tents and
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Speaker 5: station emblazon trucks.
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Speaker 4: But news socks right yeah, only so Robril, who is
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Speaker 4: his second time back here with our morning station over
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Speaker 4: or with our country station on KBS. But he came
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Speaker 4: with several different charitable events that he likes to do
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Speaker 4: in the areas where he's in and this is one
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Speaker 4: of the ones that he brings collecting socks for people
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Speaker 4: that need it during the cold winter time. It's a
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Speaker 4: nice it's a nice thing to do.
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Speaker 5: Yeah, I didn't know what was happening. I would have
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Speaker 5: brought some socks with me.
4:08
Speaker 4: That's all right. There's lots of stuff going on we
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Speaker 4: can talk about.
4:11
Speaker 5: Yeah, le legal news all around here real locally. We've
4:14
Speaker 5: got what the media is kind of labeling the child
4:18
Speaker 5: trafficking case. I don't know what all that. There's a
4:21
Speaker 5: multitude of charges. I think they had a superseding indictment,
4:24
Speaker 5: meaning they charged these folks via the grand jury and
4:27
Speaker 5: then charge them with something different after the initial grand
4:30
Speaker 5: jury indicted them. But this is the I think their
4:32
Speaker 5: lastings white Feather and Lance a man a woman married.
4:35
Speaker 5: I think yeah, I think they're married, and and it's
4:39
Speaker 5: it's moved at a pretty rapid pace getting to this point.
4:41
Speaker 5: I think it was only around last year when they
4:43
Speaker 5: were arrested and they were allegations that they had well,
4:48
Speaker 5: they had either foster or adopted children, like five of
4:53
Speaker 5: them and the parents are white and the children are
4:56
Speaker 5: African American and they were found in with the media's
5:01
Speaker 5: kind of character as it deplorable conditions or maybe locked
5:04
Speaker 5: in a shed, and so the parents were charged with
5:09
Speaker 5: various crimes and including child trafficking. I assume there's some
5:13
Speaker 5: kind of abuse and neglect criminal charges filed in the
5:16
Speaker 5: case and nothing. That case has been in a jury
5:18
Speaker 5: trial since the beginning of last week, and the prosecutor
5:24
Speaker 5: arrested their case. Of course, they had. It's funny technology,
5:27
Speaker 5: so you have video from around the home. I think
5:31
Speaker 5: it was out in Systamville and maybe a farm type property.
5:36
Speaker 5: Certainly there was a shed or a barn or something,
5:38
Speaker 5: and within them they have these security cameras that click
5:42
Speaker 5: on with motion, may be into or sound. So they
5:44
Speaker 5: have snippets of videos of the children out there and
5:46
Speaker 5: the parents. So I think they got directly from the
5:51
Speaker 5: camera manufacturer. It's all web based, so they were able
5:54
Speaker 5: to go and get up. But it doesn't the problem
5:57
Speaker 5: the prosecutor may have is it doesn't continuously record. It
6:01
Speaker 5: will record snippets and so you don't get the whole
6:05
Speaker 5: story necessarily. I have them, and I know that sometimes
6:09
Speaker 5: there's movement or sound, they don't even click on and
6:11
Speaker 5: record at all, or movement will continue to occur, but
6:14
Speaker 5: they go ahead and cut the snippet off, so you
6:17
Speaker 5: get a twenty second clip where somebody been moving around
6:20
Speaker 5: or milling around for ten minutes or something.
6:23
Speaker 4: It could be frustrated. It's actually one of the reasons
6:25
Speaker 4: I went out and got new cameras that record continuously,
6:28
Speaker 4: so they trigger you on events, but you can go
6:31
Speaker 4: back to that event and then you can watch an
6:33
Speaker 4: hour before it if you want to, until it gets there,
6:34
Speaker 4: and it really helps out on stuff like that.
6:36
Speaker 5: So what will I mean? This was got a lot
6:39
Speaker 5: of media attention, and of course the media, like it
6:42
Speaker 5: does generally, is it's the most sensational points and that's
6:47
Speaker 5: not evidence, so it sounds like really heinous conduct. The
6:52
Speaker 5: children testified, I think one of them has turned eighteen,
6:56
Speaker 5: a girl, so she was able to take justify as
7:00
Speaker 5: an adult and pretty consistent with what the prosecutor has alleged,
7:05
Speaker 5: I believe. But then it turned over to the defense side.
7:08
Speaker 5: You know, sometimes you don't see the defense put on
7:10
Speaker 5: any witnesses because they don't have to prove anything, and
7:14
Speaker 5: whether to put if you're defending someone as the attorney,
7:17
Speaker 5: whether they testify or not, ultimately as their choice. Of course,
7:20
Speaker 5: you counsel them on what you believe would be the
7:23
Speaker 5: best strategy in your case. And I'd say fifty percent
7:27
Speaker 5: of the time or more, the defenders don't testify. The
7:29
Speaker 5: burdens always on the prosecutor prove every element of the
7:32
Speaker 5: crime by beyond a reasonable doubt, which is basically the
7:36
Speaker 5: highest standard under the law. But in this case they
7:39
Speaker 5: I think both haven't heard any recordings of testimony from
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Speaker 5: mister Lance, the father. I know that the mother did
7:46
Speaker 5: take the stand and explained a lot of the allegations away,
7:52
Speaker 5: although you know, and then they continued presenting evidence. They
7:56
Speaker 5: presented a CPS worker. This is just like a broken record,
7:59
Speaker 5: it seems here Virginia. But you know, CPS worker goes out.
8:02
Speaker 4: Does a doesn't find anything. We use a home.
8:05
Speaker 5: You know, they had on essence or the basic necessities food, water, shelter, heat,
8:11
Speaker 5: that kind of thing. What I heard this morning is
8:15
Speaker 5: that then that report was supposed to go back and
8:17
Speaker 5: there was supposed to be some follow up which never occurred.
8:20
Speaker 5: That's the broken record part of CPS here in West
8:23
Speaker 5: Virginia there, it's underfunded, it's gonna they're smoking mirrors, and
8:28
Speaker 5: the legislature about they're going to improve it. But I
8:32
Speaker 5: I mean, I think they all we've heard now with
8:34
Speaker 5: the new governor is cut, cut, cut, And I did
8:36
Speaker 5: see there's a they've tried to contract out some CPS
8:39
Speaker 5: type stuff and it's just awful. I forget where it was.
8:43
Speaker 5: It's up in you know, Parkersburg, Clarksburg, but just housing
8:47
Speaker 5: for children, Falster children where they've had Obviously it's just
8:51
Speaker 5: some profiteering company that has unqualified or criminals. It just
8:57
Speaker 5: shouldn't be running and running the show up there. And
9:00
Speaker 5: we're probably gonna see more of that, sadly, but uh anyway,
9:04
Speaker 5: so we'll see how that that turns out. We'll follow
9:06
Speaker 5: with the defenses continuing their their case today. Actually, you
9:12
Speaker 5: know what the prosecutors portrayed is you know, almost like
9:15
Speaker 5: a like this is au they're taking those snippets and
9:19
Speaker 5: and some quotes and some behaviors of the parents and
9:23
Speaker 5: basically painted it as like they were they were racists.
9:28
Speaker 5: And then they were using the kids almost for child
9:31
Speaker 5: labor or some kind of sadistic abuse. And then I
9:35
Speaker 5: know that the mom testified that, for example, that the
9:38
Speaker 5: shed was like the teenage clubhouse, which is something a
9:41
Speaker 5: lot of us can identify with, except I think they
9:43
Speaker 5: were locked in and I'm not sure there was ready
9:46
Speaker 5: access to a key. There's some dispute about that. And
9:49
Speaker 5: then she also may have alluded to it as a classroom.
9:53
Speaker 5: But there's video of the inside and there's just it's
9:56
Speaker 5: like a plastic line nothing. I mean, there's no there's
9:59
Speaker 5: no nothing in there. There's empty shelves, So it's I'm
10:02
Speaker 5: not sure jury's going to buy that. It's hard to
10:04
Speaker 5: predict when you just get portions of the testimony or
10:07
Speaker 5: evidence through media. I haven't sat and watched any of
10:09
Speaker 5: the trial. They've got some character witnesses, though, I guess
10:14
Speaker 5: you would call them for the parents, a couple of
10:15
Speaker 5: folks because they lived in Washington State, maybe maybe Minnesota
10:19
Speaker 5: or somewhere too before they moved to West Virginia. And
10:22
Speaker 5: they've got a couple at least two already have testified
10:25
Speaker 5: about uh, you know, acquaintances from the past, that the
10:29
Speaker 5: parents were cared about the children and tried to help them.
10:33
Speaker 5: I think one of the boys it's pretty wex I've
10:37
Speaker 5: hit some fairly severe mental health issues, and the mother
10:40
Speaker 5: expressed difficulty trying to deal with with with him, and
10:44
Speaker 5: that's part of the reason the conditions were the way
10:47
Speaker 5: they were. So there's a lot of charges. I think
10:50
Speaker 5: my kind of funger in the wind feeling is that
10:53
Speaker 5: they're probably overcharged, and I will bet they get convicted
10:57
Speaker 5: of something, but I from what I'm seeing, I doubt
11:01
Speaker 5: they get convicted of all the charges.
11:03
Speaker 4: Let me ask you a question from I know you
11:05
Speaker 4: don't do necessarily a ton of criminal defense, but in
11:08
Speaker 4: a circumstance like this, and this is such a I
11:13
Speaker 4: want to talk about it more in the abstract, but
11:15
Speaker 4: use this as the launching off point for it. We
11:17
Speaker 4: talked about how you know CPS is underfunded here and
11:21
Speaker 4: there might be some issues if you track this thing
11:23
Speaker 4: down where maybe if there was abuses that were in place,
11:25
Speaker 4: that maybe they should have been caught at some point earlier.
11:27
Speaker 4: We don't really know for sure. I mean, that's part
11:30
Speaker 4: of the potential narrative on this. Is there a tendency
11:33
Speaker 4: sometimes with you looking at this from the perspective of defense,
11:38
Speaker 4: where there could be the idea to make an example
11:41
Speaker 4: of these people to sort of cover up the other
11:43
Speaker 4: deficiencies that led to it happening. You know, you make
11:45
Speaker 4: this into this huge thing, you charge them with everything
11:48
Speaker 4: you possibly can. We're going to be tough on this
11:50
Speaker 4: kind of thing that really you're not doing anything to
11:52
Speaker 4: the underpendings that led to it not being properly.
11:54
Speaker 5: Well, I mean, in this case, so the defense called
11:56
Speaker 5: the CPS worker, not the prosecution, and of course it's
11:59
Speaker 5: the government prosecuting. It's the government that's the CPS Child
12:03
Speaker 5: Protective Services, And so I guess looking at it from
12:08
Speaker 5: a criminal defense standpoint, if you read the law and
12:13
Speaker 5: what Child Protective Services is supposed to do and supposed
12:16
Speaker 5: to provide. I mean, the other one I recall right
12:17
Speaker 5: now is the one down and I think it was
12:19
Speaker 5: Boone County where a homeschool student basically was emaciated and
12:24
Speaker 5: died and a complete and utter failure by Child Productive Services.
12:28
Speaker 5: But from a you know, if you look at their
12:32
Speaker 5: they do reports, they're in templates that are just filling out.
12:35
Speaker 5: You know, there's federal law that requires they take certain
12:37
Speaker 5: action to get federal funding, and there's templates for their
12:40
Speaker 5: reports that they fill out, but you know there's language
12:43
Speaker 5: in there. They check boxes like children not in iminent
12:47
Speaker 5: danger and things like that. So I'm sure that the
12:52
Speaker 5: one of the parents is represented by Mark Plants. He's
12:54
Speaker 5: a really he was a prosecutor for a period of
12:56
Speaker 5: time in Knall County, but he's a really good criminal
12:58
Speaker 5: defense attorney and quite experienced, and so I'm sure he
13:01
Speaker 5: was using those documents and the CPS worker he's supposed
13:05
Speaker 5: to be an expert, went in and didn't find anything
13:08
Speaker 5: worth taking any real action one. And so well, here's
13:12
Speaker 5: the government, you know, saying all this kind of sensationalizing
13:15
Speaker 5: the situation if they can prove what they said, and
13:21
Speaker 5: that's fine, But then you have the the other government,
13:23
Speaker 5: Child Protective Services, who was in there and says, well,
13:26
Speaker 5: we didn't see anything that was uh so it's kind
13:29
Speaker 5: of you know, you got something so severe maybe just
13:33
Speaker 5: months later that you're alleging as part of the prosecution,
13:36
Speaker 5: at the same time you got Child Protective Services worker
13:39
Speaker 5: did an investigation and didn't see one thing that caused
13:44
Speaker 5: him to take any further act.
13:45
Speaker 4: So the prosecution would almost have to blame its client
13:48
Speaker 4: to some degree, if you know, the client's the government
13:51
Speaker 4: and the CPS. As part of Chris.
13:52
Speaker 5: Prosecution, doesn't really have a client, right. But now if
13:56
Speaker 5: you get into a what you'll see if anybody's ever
13:59
Speaker 5: been involved in that, there's a civil abuse and neglect
14:04
Speaker 5: process as well. That's where you can have It's not
14:06
Speaker 5: a you don't go to jail, it's not a criminal case.
14:10
Speaker 5: But if a parent's accused of abuse and neglect, let's
14:13
Speaker 5: say they have a drug problem or improper environment to
14:19
Speaker 5: the point it gets to legal neglect, then the Department
14:23
Speaker 5: of Health and Human Resources Child Protective Services actually they're
14:25
Speaker 5: called something else now because the legislators split the agency up,
14:29
Speaker 5: But the prosecutor does prosecute those but they do it
14:34
Speaker 5: in a way where they represent the Department of Human Services,
14:38
Speaker 5: so they actually do have a client in that situation,
14:41
Speaker 5: as opposed to when they're prosecuting a crime, they're really
14:45
Speaker 5: i mean, they're just representing the public in essence, trying
14:50
Speaker 5: to prosecute a crime. When and then they have a
14:52
Speaker 5: separate prosecutors that exclusively represent the Department of Health and
14:56
Speaker 5: Human Resources in these civil abuse and neglect cases. And
14:59
Speaker 5: so yeah, if they saw a serious problem there when
15:02
Speaker 5: they went into this property and investigated, they would then
15:06
Speaker 5: go back to the prosecutor in a civil abuse neglect
15:08
Speaker 5: case could be filed, and it doesn't mean their printal
15:12
Speaker 5: rights would be stripped, but for example, there would be
15:15
Speaker 5: opportunity for more investigation. The kids would be appointed a
15:18
Speaker 5: lawyer in that process called a garden at itham, who
15:20
Speaker 5: could go in and investigate the situation and then report
15:24
Speaker 5: back to the court what's going on and if Sometimes
15:27
Speaker 5: parents just need help and so they have what's called
15:29
Speaker 5: improvement plans. It's kind of like parent probation, but the
15:33
Speaker 5: department's supposed to provide services in most circumstances to help
15:36
Speaker 5: them continue to parent. Now there's certain crimes that are
15:42
Speaker 5: so bad or findings that are so bad that the
15:45
Speaker 5: government doesn't have to provide any services to try and
15:48
Speaker 5: rehabilitate the parent. Their pntal rights are just terminated. But
15:51
Speaker 5: that's all that can happen, and that civil kind of
15:53
Speaker 5: realm is the termination of printal rights. There's no criminal
15:56
Speaker 5: aspect to it, and there can be in this case.
15:59
Speaker 5: For example, if the CPS worker had found something wrong significantly,
16:04
Speaker 5: they could have reported it back to the prosecutor and
16:06
Speaker 5: a petition for abuse and neglect filed against the parents,
16:08
Speaker 5: and it would have been in the court system and
16:10
Speaker 5: maybe all this would have been who would be here
16:13
Speaker 5: talking about it today. However, if the findings were that bad,
16:18
Speaker 5: it doesn't prevent a criminal prosecutors prosecution as well, if
16:21
Speaker 5: they can go on in tandem at the same time
16:24
Speaker 5: or just separate proceedings.
16:26
Speaker 4: So that makes sense. It's it could be getting very
16:29
Speaker 4: complicated with this from the parent standpoint, because, like you said,
16:32
Speaker 4: there's several different fronts that you have to contend with
16:35
Speaker 4: on that. And then of course there's a complication with
16:37
Speaker 4: the children. You mentioned that the one child was over eighteen,
16:39
Speaker 4: so testify as an adult. What happens to kids in
16:43
Speaker 4: these situations, especially when you're talking about abuse and things
16:45
Speaker 4: like that, How.
16:46
Speaker 5: Does now the underage children testify at least?
16:49
Speaker 4: How does that work?
16:50
Speaker 5: Children are not first of all, you got in a
16:55
Speaker 5: criminal it's different in the civil abuse and neglects realm.
16:58
Speaker 5: Sometimes there's some rules there that because it doesn't involve
17:01
Speaker 5: loss of liberty if you lose the case as a parent,
17:05
Speaker 5: that allows some evidence to come in. What we would
17:07
Speaker 5: think of is kind of hearsay, like maybe there's a
17:11
Speaker 5: statement taken by a professional so the judge and there's
17:13
Speaker 5: no jury trial. In the civil abuse neglect, it's all
17:16
Speaker 5: with the court, and so there's some rules meant to
17:20
Speaker 5: protect children's mental well being and welfare that allows what
17:24
Speaker 5: we would think of hearsay information to kind of come
17:26
Speaker 5: in those cases. Now, in this case that we've got pending,
17:29
Speaker 5: now it's a criminal case, so you have six Amendment
17:32
Speaker 5: right to confront witnesses or your accusers. So essentially, in
17:37
Speaker 5: most cases they'll make the children, if they're confident to testify,
17:41
Speaker 5: mean the understand what is a lie and what is
17:46
Speaker 5: the truth, and they can understand basic communication, then they
17:50
Speaker 5: can be a witness. And they don't identify them. I
17:53
Speaker 5: don't think the media identified the name of the child
17:55
Speaker 5: that testified, but they put one or two of them
17:58
Speaker 5: on the stand that was under age, and that's the
18:00
Speaker 5: competent as witnesses, and they get cross examined by the
18:03
Speaker 5: defense attorney, and obviously that's as a defense attorney, you
18:07
Speaker 5: gotta be careful in that regard. But yeah, just thea
18:11
Speaker 5: the one a turn eighteen, so she's an adult. But
18:13
Speaker 5: the other one, one or two other ones also testified
18:16
Speaker 5: as as children, and that can be it's a wild
18:18
Speaker 5: card because you never really know when a child, you know,
18:22
Speaker 5: twelve year old, ten year old gets on the stand,
18:24
Speaker 5: how they're going to respond to questions.
18:27
Speaker 4: In some ways, I think like a nine year old
18:29
Speaker 4: might be the perfect witness, and you.
18:31
Speaker 5: Know it's you never know, but you know, you would
18:36
Speaker 5: think that in most circumstances, a nine year old would
18:41
Speaker 5: be less inclined to have an agenda or be biased,
18:47
Speaker 5: you know what I mean, Like we might get the
18:48
Speaker 5: the problem is do they they recall correctly and their
18:53
Speaker 5: perception is accurate? And the other the other issue is this,
18:58
Speaker 5: you know, this came up what's say, a year ago,
19:00
Speaker 5: year and a half ago, and they haven't been around
19:02
Speaker 5: the parents. They've been around somebody else who might believe
19:08
Speaker 5: strongly in the prosecution's case. So you can have kind
19:12
Speaker 5: of suggestions to children about what happened, and it just
19:15
Speaker 5: kind of reinforces itself and ever and ever against the
19:18
Speaker 5: time you get to trial. That's what's in the child's
19:21
Speaker 5: mind about what happened. You know.
19:23
Speaker 4: I keep thinking about my daughter, who, like sometimes when
19:26
Speaker 4: I'm teaching her thing, she's six now six and a half,
19:28
Speaker 4: and sometimes when we're going over some things and then
19:30
Speaker 4: later we come back to him like, honey, remember what
19:33
Speaker 4: we were learning earlier, and you realize and I'll explained
19:35
Speaker 4: to her, like the lesson we had or whatever. She's like, Daddy,
19:37
Speaker 4: that's what you told me. That's not what I figured out, right,
19:40
Speaker 4: And I'm like, well, you know that's okay. I mean,
19:42
Speaker 4: figure it out for yourself and then you're okay with it.
19:44
Speaker 4: But I could just imagine her somebody trying to like
19:46
Speaker 4: plan an idea in her head. She's like, no, that's
19:48
Speaker 4: not like she would call you out on it.
19:50
Speaker 5: Yeah, you never know. I mean, it's just different personalities,
19:54
Speaker 5: just like anybody else. Right, you have some that are
19:56
Speaker 5: very strong willed and some that aren't subject to suggestion,
20:01
Speaker 5: and then you have the other way. So we'll see
20:04
Speaker 5: how it come. We'll see how it turns out. I'd
20:06
Speaker 5: say they'll wrap up. The defense is still presenting their
20:08
Speaker 5: their case. I don't know if they have more witnesses.
20:13
Speaker 5: I think they'll probably wrap up evidence today, but they
20:17
Speaker 5: got to go over jury instructions other things before the
20:19
Speaker 5: jury starts to deliberate. They may do closings tomorrow and
20:22
Speaker 5: then let them deliberate next week. But I predict though
20:26
Speaker 5: from what I've seen, kind of objectively and heard. I
20:28
Speaker 5: think though the prosecuting will get a conviction, I'm just
20:32
Speaker 5: not confident will be all the charges they filed.
20:35
Speaker 4: You can put the power Payton on your side this morning,
20:37
Speaker 4: just kind of talking about some of the things that's
20:38
Speaker 4: going on locally from the legal realm. However, the point
20:41
Speaker 4: of the show is you can control the conversation. If
20:43
Speaker 4: you have any questions about the law, where you can
20:44
Speaker 4: put the power paytent on your side. You can do
20:46
Speaker 4: that this morning by giving us a call three zero
20:48
Speaker 4: four three four two eight one three one. Harvey Payton
20:50
Speaker 4: is or Tom Payton is here from the Peyton Law Firm.
20:51
Speaker 4: Three zero four three four two eight one three one.
20:53
Speaker 4: You can also text over any questions you have to
20:55
Speaker 4: three zero four nine three five five zero zero eight
20:57
Speaker 4: three zero four nine three five five zero zero eight.
20:59
Speaker 4: Let's go ahead take our break. When we come back,
21:01
Speaker 4: we still have about twenty minutes left in the programming.
21:03
Speaker 4: You can control the conversation once again, give us a
21:04
Speaker 4: call three zero four three four two eight one three one.
21:07
Speaker 4: We'll take a break and be backward after this year
21:08
Speaker 4: listening to ask the Lawyer on five EDWCHS. The voice
21:11
Speaker 4: of Charleston.
21:12
Speaker 6: At Peyton Law Firm, we understand that life can change
21:15
Speaker 6: in an instant. When tragedy strikes and you or a
21:18
Speaker 6: family member are diagnosed with mesothelioma. You want Payton Law
21:22
Speaker 6: Firm on your side. When you battle a billion dollar
21:25
Speaker 6: insurance company or corporation. You want a team that's in
21:28
Speaker 6: it to win it. Peyton Law Firm has handled thousands
21:31
Speaker 6: of mesothelioma claims, recovering millions of dollars for families of
21:35
Speaker 6: asbestos victims. Visit us at Paydonlawfirm dot com. Let us
21:40
Speaker 6: help you find the path to healing and compensation.
21:43
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22:14
Speaker 3: Put the power paybe on the side. We have the
22:19
Speaker 3: court room experience e such your need, we never give up.
22:24
Speaker 3: We're prepared to fight for your rights. When you need action,
22:30
Speaker 3: count on us.
22:33
Speaker 4: What the power on your side, the power but the
22:39
Speaker 4: power of patent on your side this morning three zero
22:41
Speaker 4: four three four two eight one three one three zero
22:43
Speaker 4: four three four two eight one three one. You can
22:45
Speaker 4: also text over any questions you have on the law
22:47
Speaker 4: or anything else that we're talking about this morning. You
22:49
Speaker 4: can text out over to three zero four non three
22:51
Speaker 4: five five zeros er eight three zero four non three
22:53
Speaker 4: five five zeros you eight. Peyton Law Firm located in Nitro,
22:56
Speaker 4: West Virginia, of course, at twenty eighth one First Avenue,
22:59
Speaker 4: the phone number three zero four seven five five fifty
23:01
Speaker 4: five fifty six. Three zero four seven five five fifty
23:03
Speaker 4: five fifty six. But of course you can contact us
23:06
Speaker 4: this morning for the next fifteen minutes or so with
23:08
Speaker 4: three zero four three four two eight one three one
23:10
Speaker 4: three four two eight one three one.
23:11
Speaker 5: Yeah, we do do you know, not as much criminal
23:14
Speaker 5: defense work as we used to. Actually, I kind of
23:16
Speaker 5: enjoy doing criminal defense work if you find the right case.
23:21
Speaker 5: By the herd of our commercial. I heard our commercial
23:23
Speaker 5: there during the break about mesothelioma, and that's you know,
23:28
Speaker 5: we don't advertise for that a lot. We don't have
23:30
Speaker 5: a whole lot of those cases mesothelioma. If you, if
23:34
Speaker 5: you have it, or you a family member has it,
23:37
Speaker 5: you know exactly what I'm talking about, unfortunately, because it's
23:39
Speaker 5: going to be something that's on your mind every day.
23:43
Speaker 5: But just to further add to our add there's so
23:48
Speaker 5: mesothelioma is a cancer of the lungs, the lining, the
23:51
Speaker 5: plural of the lungs, and it is uh pretty much
23:56
Speaker 5: exclusively caused by asbestos exposure, and there's no really lethal
24:04
Speaker 5: level of exposure, and you could be exposed very briefly
24:08
Speaker 5: to asbestos and still develop mesothelioma. And those we don't
24:13
Speaker 5: do a whole lot of. There's asbestosis where you have
24:15
Speaker 5: some scarring on your lungs but it actically doesn't develop
24:17
Speaker 5: into cancer. We don't really take those cases. But if
24:20
Speaker 5: you are a feeling to have mesothelioma, think about giving
24:23
Speaker 5: us a call, because you see there's bookoos of TV
24:27
Speaker 5: commercials with lawyers trying to grab them. We we have
24:31
Speaker 5: a handful pending at any one time, but those cases
24:35
Speaker 5: are really important to decline. Unfortunately, it's almost universally terminal. UH.
24:42
Speaker 5: You can get some extra time with the right treatments,
24:45
Speaker 5: but unfortunately it's a it's a terminal condition. So it
24:48
Speaker 5: is important uh to contact a lawyer rather quickly because
24:52
Speaker 5: there's evidence preservation issues when somebody's really sick like that.
24:57
Speaker 5: But we when we get those cases, we we handle
25:00
Speaker 5: it with very carefully on our end. And then we
25:03
Speaker 5: have a law firm that we work with on actually
25:06
Speaker 5: have an office in West Virginia, but they're more of
25:08
Speaker 5: a national regional type firm, but they do almost exclusively
25:12
Speaker 5: that type work and do a really good job. But
25:14
Speaker 5: then we help with the leg work and so you
25:15
Speaker 5: get that personal touch and you also get the expertise
25:18
Speaker 5: of having a firm that does a lot of that
25:21
Speaker 5: type of work. It's the side cases to handle because
25:26
Speaker 5: you know, when the client comes in they may not
25:28
Speaker 5: be here a year, two years, two years out, and
25:34
Speaker 5: it's one of those you know. Actually, we've had what
25:38
Speaker 5: they call bystander cases, probably a half dozen of those
25:42
Speaker 5: over the years where it's not necessarily the worker that
25:46
Speaker 5: goes into work around you get a lot of industrial
25:49
Speaker 5: exposures where the cases arise most of the time. But
25:52
Speaker 5: like somebody will come back from a local plant to
25:54
Speaker 5: say here in the Kenall Valley and then we're in
25:57
Speaker 5: their clothes with dust on them. Maybe it's from insulation
26:00
Speaker 5: that they were putting in or something like that that
26:02
Speaker 5: had asbestos dust in it. Well, then who does the laundry? Right?
26:06
Speaker 4: Oh wow, yeah, yeah.
26:08
Speaker 5: So I've had a case, more than one case where
26:11
Speaker 5: unfortunately the spouse that stayed home and out of the
26:14
Speaker 5: workforce raising the kids ends up getting mess. I've had
26:17
Speaker 5: an unfortunate case where the mother passed away young and
26:24
Speaker 5: they had a few kids, one daughter, so you know,
26:27
Speaker 5: he started doing the laundry. At that point which the
26:29
Speaker 5: mom passed away, the daughter got mess othilioma. She hadn't
26:33
Speaker 5: been in any industrial sites. It just came off the
26:36
Speaker 5: clothing of her father, who worked around it as part
26:39
Speaker 5: of his jobs. So, but there are a lot of
26:44
Speaker 5: a lot of lawyers after those cases. And when you
26:47
Speaker 5: see that, that's because you know there's potential for it
26:50
Speaker 5: for a good recovery. Monetarily, it's never going to replace
26:53
Speaker 5: a lost loved one. But uh, but just keep us
26:56
Speaker 5: in mind if you have if you're diagnosed or or
27:00
Speaker 5: a family member is the doc. Your doctor generally can
27:02
Speaker 5: identify it because it they'll do a biopsy and they
27:08
Speaker 5: know what mesothelioma is, and they'll tell you it's different
27:11
Speaker 5: from kind of what we call the more conventional lung
27:14
Speaker 5: answers that you get from smoking and other causes. But
27:20
Speaker 5: if you have mesothelioma, it's I think ninety nine point
27:24
Speaker 5: nine percent basically if you live in the United States
27:26
Speaker 5: of America that you it's it's the result of US
27:29
Speaker 5: bustos exposure. So it's just a matter of tracking down
27:32
Speaker 5: where the exposure occurred and when and how, and and
27:36
Speaker 5: we do we do well. We get good results on
27:37
Speaker 5: those cases. So just ask you to keep us in
27:40
Speaker 5: mind if you have a friend or family member that's
27:42
Speaker 5: been diagnosed with mesothelioma.
27:44
Speaker 4: I'm really glad you bring that up. This is completely anecdotal, evident,
27:47
Speaker 4: or not even evidence, but it's just an antidote that
27:49
Speaker 4: happened to me. But I do wonder if it carries
27:50
Speaker 4: very much because, like you mentioned, these ads are all
27:53
Speaker 4: over the television and they're of varying quality depending on
27:56
Speaker 4: who's paying form or whatever it might be. But sometimes
27:58
Speaker 4: depending on the type of show you're watching, like Jeopardy
28:01
Speaker 4: or something something that tends to sky were a little
28:02
Speaker 4: older or whatever it might be, you see it a
28:04
Speaker 4: lot and it comes on a lot. I've been in
28:05
Speaker 4: a room before. I think it was after a ballgame
28:06
Speaker 4: went off actually, with a bunch of family members sitting
28:09
Speaker 4: around and stuff, and one of these commercials came on
28:10
Speaker 4: for that and they expressed skepticism over the effectiveness of
28:14
Speaker 4: it because the marketing push was so heavy. It's like,
28:17
Speaker 4: this can't be anything good for the for the client
28:19
Speaker 4: because look how aggressively they're going after it. Like it's
28:21
Speaker 4: like it was this weird space where there was like
28:24
Speaker 4: this is so popular that it can't be good for
28:26
Speaker 4: me type of thing. And I'm just wondering some people
28:29
Speaker 4: find these weird ways to talk themselves out of protecting themselves.
28:32
Speaker 4: It's just a it's a really strange thing. Yeah, that's
28:34
Speaker 4: when you need to take action on. Of course, you know,
28:36
Speaker 4: we have a little different marketing stretch. Yeah, you guys,
28:40
Speaker 4: for sure.
28:41
Speaker 5: We don't do I got a billboard. I do the radio,
28:43
Speaker 5: of course, and then we try and help a lot
28:45
Speaker 5: around the community. But honestly, we get a lot of
28:48
Speaker 5: calls from folks that listen to us on the radio,
28:51
Speaker 5: but really we get a lot of referrals, and we
28:54
Speaker 5: get a lot of return clients. So somebody because they
28:58
Speaker 5: like us and like the results that we get, so
29:00
Speaker 5: as opposed to somebody just seeing you know, if we
29:03
Speaker 5: put fifty commercials on during the new news and somebody
29:06
Speaker 5: calls us because they see our ad, you know, probably
29:09
Speaker 5: ninety percent of our cases are people that call us
29:12
Speaker 5: because they believe we'll do an effective job and they
29:15
Speaker 5: know us in some way or know somebody that knows us,
29:18
Speaker 5: as opposed to just seeing a billboard or a commercial
29:22
Speaker 5: on TV or something like that. But yeah, that well,
29:26
Speaker 5: and you know you're kind of talking about the under
29:28
Speaker 5: I mean, some of those commercials definitely would turn me off.
29:31
Speaker 5: They're they're quite pushing in over the top and guaranteeing
29:36
Speaker 5: almost results and things, which is not realistic.
29:40
Speaker 4: I guess there's competition in the space somewhere.
29:41
Speaker 5: Sure, Well there's only you know, there's only you know
29:45
Speaker 5: that the Luckily it's gotten better as technology and knowledge
29:51
Speaker 5: has improved. As far as asbesos exposure, you just don't
29:54
Speaker 5: see it as much I did have. Unfortunately she passed
29:57
Speaker 5: away within a year of the time at her but
30:01
Speaker 5: like three or four years ago, we had a thirty
30:03
Speaker 5: eight year old that was diagnosed with mesothelium and she
30:06
Speaker 5: had most likely the exposure occurred to her grandfather's when
30:09
Speaker 5: she stayed there every summer and he worked in industry
30:12
Speaker 5: where his clothing was contaminated with asbestos. And so you
30:17
Speaker 5: still get someone, but they're hopefully as time continues to pass,
30:26
Speaker 5: we've gotten much safer an industry about asbestos exposure as
30:29
Speaker 5: long as it stays intact. It's like if it's in
30:31
Speaker 5: the ceiling dials and you're not taking chomping them up
30:34
Speaker 5: or crushing them or demoing a building, for example, then
30:37
Speaker 5: you should be fine.
30:39
Speaker 4: How coincidentally you mentioned ceiling towels. Well, we've had, you know,
30:45
Speaker 4: the work we've been doing around on our studios, two
30:48
Speaker 4: major delays because we ran across asbestos in right, and.
30:51
Speaker 5: You have if you do have us, but see now
30:54
Speaker 5: you find it they detected.
30:55
Speaker 4: Oh we have to. Yeah, we had to rope everything off.
30:57
Speaker 4: We had a plastic like a seventy two hour period
31:01
Speaker 4: for yeah.
31:01
Speaker 5: Absolutely, Yeah, our contracted workers labor that yeah, you know
31:07
Speaker 5: their their trade is is that only now it does
31:10
Speaker 5: end up if you're going to demo a building or something,
31:12
Speaker 5: you buy an old house and it's it's got asbestos
31:15
Speaker 5: in it, then be prepared for some additional costs for sure.
31:18
Speaker 5: But that's the difference between today and maybe fifty years ago,
31:22
Speaker 5: when you know you just get tears down anyway and
31:25
Speaker 5: then you're exposed to asbestos fibers that.
31:28
Speaker 4: We uh stuck in your lung. We do have a
31:30
Speaker 4: text question. It leans towards the political, but this is
31:33
Speaker 4: your show and it's a question for you, so we
31:34
Speaker 4: can we can handle this however you wish. This comes
31:37
Speaker 4: from the nine zero four seven one six. I completely
31:39
Speaker 4: disagree with the Trump pardons of all of the January
31:42
Speaker 4: sixth rioters. Presidential pardons are out of control and this
31:45
Speaker 4: process needs to be reviewed. My question for Tom is
31:48
Speaker 4: where those pardoned or had their senses is commuted, Where
31:51
Speaker 4: their convictions stay on their record?
31:53
Speaker 5: Well, if they were commuted to different things, right, Yeah,
31:56
Speaker 5: if they were commuted, their convictions will stay on their
31:58
Speaker 5: record because it commuting just commutes the sentence, so their
32:02
Speaker 5: sentences were terminated. And if you're pardoned, then it's gone.
32:08
Speaker 5: Your conviction is overturned completely. I think it was a
32:12
Speaker 5: rather broad sweeping the language of Trump's uh relief he
32:18
Speaker 5: gave to the January sixth insurrectionists.
32:21
Speaker 7: Uh.
32:23
Speaker 5: I think might have been a mix of commuting sentences
32:26
Speaker 5: and pardons, So I don't know which one was which,
32:28
Speaker 5: But yeah, I mean I find it completely because I
32:32
Speaker 5: remember sitting at my desk seeing it happen at the
32:36
Speaker 5: Capitol and just thought this could never happen in the
32:38
Speaker 5: United States. And I certainly didn't think the person that
32:40
Speaker 5: egged on would ever be elected president again. And then
32:45
Speaker 5: I would have hoped that he would not pardon people
32:50
Speaker 5: that had been sentenced to maybe a decade or more.
32:53
Speaker 4: For like the organizations that had I mean there were
32:56
Speaker 4: there were organizations had weapons caches nearby. I mean, all
32:59
Speaker 4: this was proven in a federal court.
33:00
Speaker 5: I mean it's yeah. I mean, and some of the
33:03
Speaker 5: fellas that have been released are already talking about retribution
33:06
Speaker 5: and things like that. Of course, it's a it's a
33:09
Speaker 5: never thought I would see it. You know, I've learned
33:13
Speaker 5: that the people that endorse it, you just really can't
33:16
Speaker 5: change your mind. They I saw Shelley more Capital being
33:18
Speaker 5: asked about it. I didn't know he was gonna pardon
33:22
Speaker 5: the the ones that had actually assaulted law enforcement officers
33:27
Speaker 5: with her in the in the Capitol. But in the
33:30
Speaker 5: end her uh, I mean, she's a politician, is what
33:32
Speaker 5: she is. My question, well, well, in the end what
33:36
Speaker 5: she said, well he did it. Let's just move on.
33:38
Speaker 5: Well that's okay. I guess that's how history repeats itself.
33:42
Speaker 5: And we'll see all this plays out. I mean, I
33:45
Speaker 5: you know, you have just sweeping executive orders that I
33:50
Speaker 5: think they're already being challenged. So we'll kind of follow
33:52
Speaker 5: some of that as it's new. There's been a case
33:55
Speaker 5: or two foul to think you got this DEI issue
34:01
Speaker 5: that he's which is diversity, equity inclusion, equity inclusion, which
34:06
Speaker 5: I don't know how that could be bad now if
34:09
Speaker 5: you look, I did have occasion to read. The US
34:13
Speaker 5: Supreme Court issued a ruling in twenty twenty three. It
34:15
Speaker 5: was involving Harvard and University of North Carolina like kind
34:19
Speaker 5: of affirmative action admissions policies, and it was Justice Roberts
34:26
Speaker 5: wrote it, and it was based on the Equal Protection Clause.
34:29
Speaker 5: Essentially said you can't have admission policies that use race
34:35
Speaker 5: as a factor really at all, you can He kind
34:39
Speaker 5: of said, you could implicitly, you can look at people's
34:42
Speaker 5: backgrounds and if you know the way they view things
34:44
Speaker 5: or what they went through because of their race can
34:46
Speaker 5: be considered. But you can't have these kind of I
34:50
Speaker 5: don't want to say a quota system, but in a
34:52
Speaker 5: way it was. And only so many people get into
34:55
Speaker 5: Harvard and u NC each year. So the idea of
34:58
Speaker 5: his opinion was like, well, if you use race as
35:02
Speaker 5: a factor, then you're let's say you're letting five people
35:05
Speaker 5: in that wouldn't get in otherwise, but at some time
35:07
Speaker 5: you're also excluding five other people that are not of
35:10
Speaker 5: the protected race, basically, and that's the law of the
35:14
Speaker 5: land now, whether you agree with it or not. I
35:17
Speaker 5: had occasion to reread it here in the last few
35:19
Speaker 5: weeks because of an issue with a client, and it's
35:21
Speaker 5: pretty there's not much bend in it, and I think,
35:25
Speaker 5: you know, we're going to see a lot. We already
35:26
Speaker 5: saw private companies moving away from their DEI policies, and
35:30
Speaker 5: now I think what Trump did was enter basically an
35:34
Speaker 5: executive order saying if there's any of those in government
35:38
Speaker 5: connected employment. Then they're just off, they're no longer valid.
35:42
Speaker 4: And sometimes the Equal Opportunities think we don't have about
35:44
Speaker 4: a minute left. But but didn't he suspend Equal Opportunity
35:47
Speaker 4: Act or something.
35:47
Speaker 5: I haven't seen that something. I don't know that you
35:50
Speaker 5: can do that, but nothing would surprise me at this point.
35:53
Speaker 5: So we'll just see how it plays out. There'll be
35:55
Speaker 5: a lot of legal issues and a lot of things
35:57
Speaker 5: to talk about. That's the good thing about it, potentially.
35:59
Speaker 5: But I really hope we don't have any you know,
36:03
Speaker 5: I do worry and and hopefully Shelley Moore Capital doesn't
36:07
Speaker 5: just put it in the past to move on. But
36:09
Speaker 5: some of these folks that he pardoned are they seem
36:13
Speaker 5: dangerous to me from what I what I read, and
36:18
Speaker 5: with this Elon Must Deal and things like that, it
36:20
Speaker 5: almost looks like we're moving towards an oligarchy like they
36:22
Speaker 5: have in Russia. And I hope it gets rachetered back
36:25
Speaker 5: and under control. But uh, I don't know, because I'm
36:29
Speaker 5: seeing things now I never thought.
36:30
Speaker 4: I would see.
36:30
Speaker 5: Yeah, hear, you're co dict out far it's gonna go
36:33
Speaker 5: or what's gonna happen? But uh, and you certainly I
36:37
Speaker 5: don't know how which way you lean. If you have
36:39
Speaker 5: folks that endorse his conduct, I mean you can't. They
36:43
Speaker 5: will not be sweating.
36:44
Speaker 4: Yeah, yeah, it doesn't happen. Tom Peyton from the Peyton
36:47
Speaker 4: Law for me, I with the power of Payton on
36:48
Speaker 4: your side. Threes are old. You can do I want
36:49
Speaker 4: to do call us this morning. You want to call
36:51
Speaker 4: the Paytent Law for them now? Threes are a four
36:52
Speaker 4: seven five five fifty five fifty six. Threes are A
36:54
Speaker 4: four seven five five fifty five fifty six. You can
36:56
Speaker 4: find out more information online Payton Law from dot com
36:58
Speaker 4: p y T in Payton Law Firm, located twenty eight
37:01
Speaker 4: to one First Avenue in Mitro, West Virginia, every Thursday
37:03
Speaker 4: at eight twenty right here on five ADWECS. Tom, thank
37:06
Speaker 4: you so much for your time.
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Speaker 5: As always, you're welcome. I look forward to next week.
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Speaker 4: We'll see you next week. That's Tom Payton from the
37:10
Speaker 4: Paython Law Firm. I'm Delle Cooper coming up next five
37:12
Speaker 4: eighty Love with Dave Allen. I'll be back this afternoon
37:14
Speaker 4: at three oh six with Dave Weekly one Metro News Hotline.
37:16
Speaker 8: Have a great day everyone, five eight w Chsam ninety
37:23
Speaker 8: six point five at them Charleston one oh four point
37:25
Speaker 8: five Cross Lanes, WVRC Media Station.
37:29
Speaker 2: We're proud to live here too,