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Kanawha prosecutor won’t oppose motion to dismiss in Giles case

CHARLESTON, W.Va. — Kanawha County Prosecutor Chuck Miller says he will not oppose a motion to dismiss a misdemeanor criminal charge against former Capital High School Principal Clinton Giles.

Kanawha County prosecutor Chuck Miller explained the charges against Capital High principal Clinton Giles at at news conference last month.
Kanawha County prosecutor Chuck Miller explained the charges against Capital High principal Clinton Giles at at news conference last month.

Miller told MetroNews Monday the action by the state legislature to close an apparent loophole in the current mandatory reporting statute “does not put us in a very good position.”

Giles was charged with a misdemeanor after an alleged sexual assault at his school in January. He was charged under the current law for not reporting the alleged crime in a timely manner. Confusion has surfaced in the weeks following in connection with a loophole in the current law about who is mandated to report. The legislature passed a bill (HB2939) Saturday to close the loophole.

Miller said when the original charge was filed against Giles it was done so under the commonsense interpretation of the statute. He said with the legislature’s action, he wouldn’t oppose attempts to dismiss the charges against Giles.

“It (the approved bill) would amend the notification statute to make it more clear and certainly that does not bode well for our position (in connection with the original charge),” Miller said.

Giles is scheduled to be in court Wednesday before Kanawha County Circuit Judge Carrie Webster. His attorney Jim Cagle plans to argue in favor of his dismissal motion. Again, Miller said Monday he won’t oppose it.

“Based upon this interpretation of the law by the legislature and the passage of this bill—we’ll go to the hearing and certainly explain to the court why we charged it under the old statute but in the final analysis there’s very little we can argue,” Miller said.

The prosecutor added he just wants to make sure the right thing is done. He said there should no doubt from this point forward who is required to report a sexual crime against a child.

“This new law makes it much clearer that it is a mandatory requirement and certainly has criminal sanctions associated with it,” Miller said.

It will take a few days for the bill to get to Gov. Earl Ray Tomblin’s desk for his consideration.

Giles retired the same day he was charged.

A 17-year-old boy is charged in the alleged sexual assault of a 15-year-old girl. His case has yet to be transferred to adult status but that could occur in the near future.





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