CHARLESTON —The historic trial of Justice Allen Loughry began today in federal court, with both sides acknowledging the case actually began when Loughry raised concerns about spending at the state Supreme Court.
Federal prosecutor Philip Wright told jurors that investigators initially set out to investigate Loughry’s claims, “but which swirled around and came back to him.”
Loughry’s lawyer, John Carr, confirmed that the justice himself will take the stand over the course of the trial. He urged jurors to listen to Loughry’s own words.
“You are going to hear from Justice Loughry,” Carr said. “Please do not make up your mind until you hear the sworn testimony from the stand and hear the other side – without the news, without the political bickering, without careers on the line.”
Loughry originally faced 25 federal charges, but three were dismissed voluntarily by prosecutors before opening arguments even began. Those charges had to do with an antique “Cass Gilbert” desk Loughry was accused of taking home from the Capitol, and a related obstruction charge.
The remaining charges against Loughry, the author of “Don’t Buy Another Vote, I Won’t Pay for Landslide: The Sordid and Continuing History of Political Corruption in West Virginia,” accuse him of mail fraud, wire fraud, tampering with a witness and lying to federal agents.
The book came up repeatedly on just the first day of the trial.
“Justice Loughry is very proud of his book,” said his attorney, Carr. “You know what happens when you write a book like that? It makes a lot of people very angry.”
Each side provided opening statements this morning before U.S. District Judge John Copenhaver. The jury of 10 women and 2 men also heard from the first witness, FBI agent Jim Lafferty.
Federal prosecutors said they will lay out a nuts and bolts case that weaves together witness testimony, travel records, cell phone tower records, financial accounts and purchasing card history.
“All these puzzle pieces add up to a picture of the fraud committed by the defendant,” said Wright, who warned jurors that much of the evidence could be dry.
Wright concluded his opening statement by telling jurors, “We will ask you to return the only verdict consistent with the evidence — guilty as to each count.”
Loughry’s lawyer, Carr, immediately went to work raising doubt in jurors’ minds. He characterized much of the information the government would present as unreliable or mischaracterized as political payback against Loughry.
He said the jury would have to decide to convict based on evidence beyond a reasonable doubt, “not based on fake news, not based on political scores that need to be settled.”
Carr concluded, “The government will fail to provide its evidence beyond a reasonable doubt because it’s not true.”
Public controversy has surrounded Loughry for more than a year now as he faced allegation after allegation about the expensive remodeling of his office, his use of state vehicle for private travel and his moving an antique “Cass Gilbert” desk from the state Capitol to his home.
The scandals started with WCHS-TV reports about the office renovation. Loughry, in those television reports, initially blamed fired Supreme Court administrator Steve Canterbury.
Loughry went to federal investigators with his concerns, prompting them to dig into Supreme Court finances.
The first witness, FBI agent Lafferty, described an initial meeting Nov. 20, 2017, at the state Capitol with Loughry, Justice Margaret Workman, then-administrator Gary Johnson and Sue Racer-Troy, the court’s top financial officer, among others.
The case expanded, Lafferty said, when “we started talking to individuals and looking at other evidence. We saw some things that gave us concern. Other spending and use of state vehicles.”
