CHARLESTON, W.Va. — A Kanawha County circuit judge has granted a motion made by West Virginia State Police to consolidate four cases in connection with a hidden camera found in the women’s locker room at the State Police Academy.
Judge Kenneth Ballard held a hearing Thursday morning where he agreed to combine the discovery portions of the civil lawsuits filed by several women.
Ballard said his decision would not restrict any pre-trial testimony.
“I just want to make it clear, for the record, that I am in no way limiting anybody’s discovery with regards to the depth and breadth of who can be discovered, in what manner and what extent they could be discovered,” he said.
Jake Layne, an attorney representing State Police, said they’re trying to prevent witnesses from being deposed multiple times in an effort to save time and money.
“It really doesn’t make any sense from a judicial economy standpoint for each of these witnesses to be deposed four separate times in four separate cases,” Layne told the judge. “It’s going to lengthen the amount of time for us to get all of these cases tried separately than if we had a consolidated discovery process where they were each deposed on one occasion.”
The women claim they were recorded without their knowledge. According to the investigation, the person who placed the camera in the locker room has died. The investigation also revealed a thumb drive that included images from the women’s locker room was located and destroyed.
Wheeling attorney Josh Miller, who represents one of the women, said consolidation is just a way for State Police to control the evidence discussed before trial.
“I believe the defense is trying to direct the discovery of the case and not let it be free and wide open. I think they’re trying to focus it in one way to try and limit the exposure that their defendants have,” Miller said.
Ballard then asked Miller how his client’s case would be burdened by consolidation.
“It’s not just the video claims. It’s not just a claim of one video camera in one spot,” Miller told the judge.
“The consolidation wouldn’t prevent you from exploring your other claims, would it?” Ballard asked Miller.
“It could,” Miller replied.
Miller suggested his client be allowed to develop her own strategy for her case and not be bound by the strategy of other defendants and their attorneys. He said he has concerns because more women could come forward in the future.
“I believe there are more plaintiffs coming. We would ask that if consolidation is found here that it is reevaluated for each plaintiff that comes down the road and not that all plaintiffs are brought in to this one consolidated action,” Miller said.
Lane said no matter how many cases you have, the facts are the same.
“There are going to be common witnesses that are going to be deposed in every one of these cases. Each one arises out of the placement of the camera in the locker room and there are witnesses that have personal knowledge about whether that camera was discovered or not,” he said.
State Police intends to try each case separately, Layne said.
“We’re not here today to limit the scope of any discovery,” he said. “We’re here to consolidate all those cases, get a scheduling order that applies to discovery in all those cases and then eventually get a trial date for each separate case.”
The video recordings were part of a number of allegations revealed earlier this year as part of ongoing investigations into misconduct at the State Police.