| By Lawrence J. Smith
POINT PLEASANT - A special prosecutor looking into allegations of criminal activity committed by a Point Pleasant attorney may be relieved of her duties for failing to take any action.
On Tuesday, Wood County Prosecuting Attorney Ginny Conley was supposed to make a presentation before the Mason County grand jury which started a new term Monday. Judge David J. Nibert appointed Conley as special prosecutor to investigate allegations that attorney Raymond G. Musgrave forged the signature of Mason physician Danny R. Westmoreland on a settlement check.
Because he believed Conley, who was appointed in February 2005, was not moving along with the case, Westmoreland asked he be allowed to present a case before the grand jury on Monday.
However, Nibert wanted to hear what Conley found, and asked her to appear in court Tuesday at 2 p.m.
Prepared to make another visit to the courthouse, Westmoreland said he received a call from Conley around 10 a.m. Tuesday morning. According to Westmoreland, Conley said she wouldn't be presenting a case before the grand jury.
"Ms. Conley has shown no interest in this case," Westmoreland said. "I was irate."
DISPUTE FROM A DISPUTE
Westmoreland's dispute with Musgrave stems from a dispute Westmoreland had with Gallipolis, Ohio contractor Gary Barry in 2000.
After a fire damaged his office, Westmoreland hired Barry, who owns Specialty Care Cleaning Service, to perform repairs.
A few months later a dispute arose as to the nature of work performed. Westmoreland filed criminal charges against Barry alleging he stole building materials he purchased for the reconstruction. Barry countered by filing a civil suit claiming Westmoreland failed to pay for services performed, and the materials were his.
Westmoreland hired Musgrave to defend him against Barry's suit.
They were successful in getting the suit dismissed when they reached a settlement with Barry in March 2004.
In the settlement, Barry agreed to pay Westmoreland $15,000. Three months earlier, Barry was convicted on one charge of grand larceny, and later sentenced to one-year unsupervised probation, according to court records.
FINDING CHECK IN AN UNUSUAL MANNER
Westmoreland says his office assistant called Musgrave's office every week once the settlement was reached to inquire on the status of the check. His assistant was always told the check would be mailed next week, Westmoreland said.
It was not until Barry's sentencing hearing that Westmoreland says he saw any trace of the check. Westmoreland says he attended the hearing in hopes of getting the court to order Barry to make additional restitution.
Westmoreland said he was dumbfounded when Judge Thomas Evans informed him he could not be given any restitution since he signed the settlement check from the civil suit.
When Mason County Prosecuting Attorney Damon Morgan slipped him a notarized copy of his signature showing he received the settlement check, Westmoreland claimed the signature was a forgery.
Because he could be called as a material witness, Morgan recused himself from the case when Westmoreland filed criminal charges against Musgrave. In addition to criminal charges, Westmoreland has a civil suit pending against Musgrave.
PROCEEDING WITH ALL DUE HASTE
In their conversation Tuesday, Westmoreland said Conley restated what she told Nibert via a teleconference Monday that she feels no crime has been committed. According to Westmoreland, Conley said the matter comes down to his word versus Musgrave's.
Believing Conley intentionally misled the court, Westmoreland said he called Nibert to vent his frustration on being denied the opportunity to have his case presented before the grand jury.
Nibert, Westmoreland said, told him to write him a letter expressing his lack of confidence with Conley, and he would consider removing her as special prosecutor and appointing another one.
When interviewed via telephone about 2:30 p.m. Tuesday, Westmoreland said he was not wasting any time.
"I told him I would have it (letter) to him within the hour," Westmoreland said.
Conley was not immediately available for comment.
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