CHARLESTON, W.Va. — Suspended state Supreme Court Justice Allen Loughry goes on trial Tuesday on 25 federal criminal counts alleging he committed fraud by using taxpayer money and property for his own benefit.
Loughry, who has pleaded not guilty during three separate arraignments connected with the case, first contacted the U.S. Attorney’s Office last year seeking an investigation into Court spending but with that investigation presumably nearly over it’s Loughry who faces the most charges including allegedly making false statements to a federal agent and witness tampering.
In pretrial court filings, federal prosecutors have outlined plans to present evidence about Loughry’s use of state vehicles and a fuel card, about how the Code of Judicial Conduct might apply to the case and about the use of a Supreme Court video relevant to the history of ‘Cass Gilbert’ furniture.
“All of the evidence discussed above is important to the government’s case in chief, for each bit supplies a piece to the puzzle the United States must complete to establish defendant Loughry’s guilt beyond a reasonable doubt,” prosecutors wrote.
There’s also indication there may be some recordings of conversations Loughry had with a state Supreme Court worker that could be played for the jury during the trial.
Jury selection will begin at 9:30 a.m. at the Byrd Federal Courthouse in Charleston before U.S. District Judge John Copenhaver.
Loughry’s attorney John Carr and federal prosecutors discussed jury selection with Copenhaver during a hearing last month.
“In a case such as this, with the publicity that has taken place, could it be or has it ever been the court’s practice to have more extensive voir dire?” asked Loughry’s attorney, John Carr.
Copenhaver agreed, “A considerable number of these jurors have not only heard about the matter, but they’ve followed it.”
The lawyers agreed that although a typical jury pool might number about 30, about twice that might be needed because of the circumstances surrounding Loughry.
Copenhaver proposed starting with a jury pool of 65 to 70. “We may put up another group on a contingency basis,” the judge said.
The spark was lit last September with news reports about lavish renovations of justices’ chambers: the $32,000 couch and $7,500 wooden inlaid floor in Loughry’s office, a $500,000 office renovation and $28,000 rug in former Justice Robin Davis’s office, and a $130,000 upgrade of Justice Beth Walker’s chambers.
The trial could take five or six days to complete.
Loughry denied guiding his own renovations and matters got worse.
Controversy then erupted over Loughry’s possession at his home of an antique desk associated with famed architect Cass Gilbert from when the state Capitol was first built. He took it home in 2012 while he was still a law clerk.
Then another couch added fuel to the fire. Loughry was accused of taking home a leather couch that had belonged to Justice Joseph Albright.
Loughry, Workman, Davis and Walker have all been impeached by House of Delegates and face trials before the state Senate. Walker’s trial began Monday.
Loughry was suspended after the state Judicial Investigation Commission alleged 32 violations of the Judicial Code of Ethics. That process was put on hold when he was indicted by a federal grand jury.
The federal investigation has already resulted in a guilty plea from now former Justice Menis Ketchum. He admitted to fraud as part of a federal information plea deal with prosecutors. He used a state vehicle to go on golf trips in Virginia. He’ll be sentenced later this year.