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Clarksburg Councilman Arrested
Posted Monday, June 1, 2009 ; 09:50 PM | View Comments | Post Comment
Updated Monday, June 1, 2009; 11:55 PM

Councilman Martin Shaffer was arrested for his role in producing a newsletter.

Story by John Kane


CLARKSBURG --  The Clarksburg Police Department, working in conjunction with the Secretary of State's Chief Investigator, has arrested Clarksburg City Councilman Martin Shaffer.

Shaffer was arrested for his part in the distribution of a newsletter titled "Clarksburg City Council News".

That newsletter was mailed to more than 4,000 homes last week.

City Manager Martin Howe held a press conference last week in which he stated that the newsletter contained "false information".

At that same press conference Howe announced that the city would be launching an investigation into who had distributed that newsletter.

Monday, City Councilman Martin Shaffer held a press conference at which he admitted to his role in the newsletter's distribution.

He says he provided some of the information in the newsletter to the man who paid for it.

He identified that man as John Peterson.

Clarksburg Police Department's Detective Lieutenant Robert Matheny stated that the decision to arrest Shaffer and two other individuals was made Monday afternoon.

He says that decision was made jointly with the Secretary of State's office.

Shaffer and two other yet-to-be-named suspects are being charged with the distribution of anonymous material and conspiracy.

Shaffer was arraigned in Harrison County Magistrate Court, Monday evening, and released on a personal recognizance bond.

Chapter 3 Article 12 subsection 12a of the West Virginia code states "No person may publish, issue or circulate, or cause to be published, issued or circulated, any anonymous letter, circular, placard, radio or television advertisement or other publication supporting or aiding the election or defeat of a clearly identified candidate."

Councilman Shaffer told 12News after his arrest that this was "hardball politics", that there was a rush to get the arrest made before the election, and that he will defend himself.

Clarksburg residents will go to the polls Tuesday, June 2, to elect city council members.

Copyright 2010 West Virginia Media. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
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User Comment
Dauginas D. Langerhans
7/30/09 at 7:59 PM
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Clarksburg sucks, it's dead on the vine. No one is doing anything to revive it. It's gone. It started dying in the early/mid '70s when everything started moving to Middletown Mall. Then, the final 2 nails, Meadowbrook Mall and Eastpointe/Newpointe. I remember a press release in the early '90s, when the John W. Davis building (the old Sheraton Inn) was occupied by state offices to: "help revitalize the downtown economy." You can only but so many pepperoni rolls and pizzas.... and now the John W. Davis building is a Roach Motel. Wake Up!
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joe
6/3/09 at 5:56 PM
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Great news, Robbin Stewart. This newsletter (which I have never seen) was intended to be in the interest of the citizens of Clarksburg, WV. That's what I have been told. The continuous declaration has been that this newsletter would benefit the citizens of Clarksburg if they just had the opportunity to read what was in the newsletter. Fair enough. You imply if you don't directly state that the dissemination of this newsletter to the citizens of Clarksburg is perfectly legal and normal. So much the better. Now I would like to see the Clarksburg Exponent-telegram publish a copy of this newsletter for the citizens of Clarksburg to read. Why would I like to see this? Good question. Because I think the local media has a serious responsibility to keep the citizens informed as to what exists in their community. That's my view. Seems fair.
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Robbin Stewart
6/3/09 at 12:43 PM
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Pro-change is correct about McIntyre v Ohio. The Supreme Court, in McIntire and Talley v California, has said that anonymous speech is protected by the constitution. This was a false arrest, which interfered in the election. I have litigated this issue in a couple of states. Robbin Stewart gtbear at gmail com.
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citizen
6/2/09 at 11:45 PM
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Thanks Mr Shaffer for telling the truth. I was one who received the newsletter and was shocked to find out some of the dumb decisions our city has made. The newsletter was distributed at the right time. This city needs to change!
User Comment
Me
6/2/09 at 8:21 PM
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KR - I'm not sure where they got the addresses from, but mine was addressed to my family
User Comment
Me
6/2/09 at 8:17 PM
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After reviewing my copy of the letter, DO YOUR OWN HOMEWORK is misquoting the letter. On Page 7 under the heading City Manager refused to turn over records on Fire Service Fees it states: "At one time the City acquired the property from Mr. Fiber and 2 others for $200,000.00, then decided not to use the building and sold it back to Mr. Fiber for $15,000.00 - a loss to city of $185,000." I have some general problems with this statement, first there is no timeframe given as to when the purchase and sale took place. 2nd, what was the condition of the property when it was purchased andsold. 3rd, did the city do anything with the property, such as tear down part of the facility and sell it for scrap or sell any equipment that was included with original purchase of the property. The whole deal does sound fishy and appears to be some sort of back door deal, however there are many factors that could play into it. When the property was re-sold, was a competitive bid sought? Also on page 7, another area that I find interesting is the so called unfunded liability for the 2009-2010 City Budget. The letter indicates that it is a pension plan, but doesn't go into any further detail as to which pension plan or give any numbers, details or facts to support this statement. It seems to be a front to complain about pay increases by city employees. The letter also publishes the salaries of city employees without providing a source on page 3. My point is that this letter should be taken with a grain of salt and was obviously written to influence the city council elections. Again, some truths are told, some lies are told, but all information is slanted to make the current city council look bad, regardless if the council member was in office at the time the decision was made or not.
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KR
6/2/09 at 8:08 PM
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Hey Joe, copy and paste, if you miss the security code as I have done. Just paste the message until it works. I would like to know why some did and did not receive the newsletter.
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joe rorke
6/2/09 at 7:08 PM
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Sure, why not? What did I say? Of course, I forgot. But it was quite a load. You wouldn't let my message get through because I somehow didn't manage to interpret your "security code" correctly. As a result of that my whole message gets lost? Sad. Too much like work. Publish the newsletter in the clarksburg exponent telegram or on television. Let the people see what the newsletter had to say. We didn't all get a copy of the newsletter and we should get a copy of it if it contains the unmitigated truth that some people are saying it contains. Let's hear it for freedom of speech. Tell it on the mountain. If this newsletter contains the gospel then we ought, every one of us, to have a chance to read it and it's the responsibility of the media to get that message out. Go tell it on the mountain, etc. Why hide your light under a bushel? I'm ready to hear the whole story. Some say it's good and some say it's bad. It can't be both. It has to be one or the other. I'm raising my glass to hear the truth.
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Socks the Cat
6/2/09 at 7:00 PM
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I ask myself, Are we better off then we were 9 years ago when I moved here? The answer is clearly YES. How can you deny that businesses are beginning to develop downtown and the neighborhoods are getting better. Some ask, Is there some truth in this so called newsletter. Well, probably yes in the sense that a deal on something might have been made, Yes but Was it crooked or secret, I say NO. I think the current city council are doing a very good job and would do much better if they didn't have to deal with the likes of Martin Shaffer. Maybe another piece of truth is the Govenor being unhappy with "What he got for his money" in the new parking facility. I wonder if Martin Shaffer admitted to him that he, himself received over a MILLION dollars, a fourth of the entire sum of money, for his buildings on Pike Sreet trhat were the cause of the slum and blight. He was the perpetrator of this problem and still has slum and blight decaying our city. I wonder if Martin Shaffer is willing to admit this truth. Keep the progress in Clarksburg going. Its no wonder that people don't want to get involved with Clarksburg when a small number of people choose to operate as Mr. Shaffer does.
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joe rorke
6/2/09 at 6:46 PM
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I spent at least ten minutes trying to get a message across here and somehow wboy is not letting my message get into the game. Somehow, I write for ten minutes and then the "security code" just somehow doesn't seem to work for me. Are you serious? I'm working for nothing?
User Comment
Fair and Balanced
6/2/09 at 6:22 PM
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DO YOUR OWN HOMEWORK is right. I doubt a lot of you commenting have actually done any kind of research on the topics discussed in the letter. If you did... you would find the part about "THE CITY OF CLARKSBURG SELLS A PIECE OF PROPERTY TO A CITIZEN FOR THE AMOUNT OF 15,000.00 AND AT A LATER DATE BUYS THE SAME PIECE OF PROPERTY BACK FOR 200,000.00 AND SELLS THE PROPETY BACK TO THE SAME CITIZEN FOR 45,000.00" is actually true. Go to the courthouse. Its all public knowledge. The letter is just out there to bring it to our attention. This town has been going down hill for years before Shaffer joined council. Now a lot of people want to use him as a scape goat. Sad, I tell you....
User Comment
SN
6/2/09 at 5:17 PM
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As a resident of Clarksburg, it is hard for me to believe that everything in that newsletter is false. I'm curious as to how much of the newsletter is true and exactly how much is false.
User Comment
DO YOUR OWN HOMEWORK
6/2/09 at 5:16 PM
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The city of clarksburg operates on the buddy system and Martin Shaffer isn't on council to make buddies. For those of you that recieved or got a chance to look at the paper about city council, note that all the statements made are backed by sources. There is one particular statement that stands out to me the most. THE CITY OF CLARKSBURG SELLS A PIECE OF PROPERTY TO A CITIZEN FOR THE AMOUNT OF 15,000.00 AND AT A LATER DATE BUYS THE SAME PIECE OF PROPERTY BACK FOR 200,000.00 AND SELLS THE PROPETY BACK TO THE SAME CITIZEN FOR 45,000.00. If this statement is true in which fact IT IS, is this how you want your hard earned tax dollars spent. Bye the way this is all public access info. at the court house. So you can say Martin Shaffer is destructive, negative or even stirring up S#*^. I say DO YOUR OWN HOMEWORK or support your buddy in another city!!!!!!!!!!
User Comment
this town is a joke
6/2/09 at 5:10 PM
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I have lived in clarksburg most of my life and this town is a joke.There is no progress here, no business moving in and no change what so ever. If the city councel was actually doing its job then Clarksburg wouldnt be a dying city. Mr Shaffer only pointed out what we know to be true. This town has been corupt for years with no one trying to stop it. If you have the right last name or marry into the right family you can commit murder, lie cheat and steal, and get away with it. Shoot you can even become a cop. The truth is until the people quit electing this crooks to run the city, nothing will change.
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Outsider
6/2/09 at 4:56 PM
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He is far from a hero. He has caused nothing but disorder and disruption since he was elected. He is just another example of all that is wrong with Clarksburg. This whole thing is just another example of Clarksburg at its finest! I’ll bet the folks in Bridgeport are getting a real chuckle about now. If Clarksburg would stop all of the fighting among themselves and convert that energy into finding a way to resuscitate their city (it may already be too late) there is a chance, be it ever so small, that it might survive. For years certain members of the city council have made a spectacle of themselves and the city. They have cost businesses millions of dollars with there self centered narrow minded actions. I mean really, what self respecting business would want to locate in a city where you have folks that are running things who can’t even get along with each other. All one has to do is look to the north at Dan Boroff. Clarksburg had the chance to follow his leadership and they blew it because of the fighting. I say it’s time for Clarksburg to come crawling to Bridgeport and beg for a merger. As for the folks who are bashing the police, my guess is that you have done something to get on their bad side, as I have always found them to be very efficient and courteous (even when writing me a ticket).
User Comment
Me
6/2/09 at 4:42 PM
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Has anyone been to the council meetings or read the city council minutes of the meetings? How about looking at the condition of the city itself? The city council has made good decisions and bad decisions for years, yet all decisions were for made thinking they were in the best interest of the city as a whole. The items in the letter were written in the hope of influencing the election and some members of council voted off. I keep hearing people say that the letter was 100% lies or championing Shaffer as a hero for stating what he calls facts. Yet, has anyone, the media included, actually looked into this letter to seperate the truth from the the lies? I can say for certaine that there are truths and lies in the letter as well as misconstrued facts. Mr. Shaffer spoke for over an hour on ethics at a council meeting in April yet he was involved in this letter that was sent out anonymously to unethically influence the election. To his credit, he confessed to his part in the letter. But you have to wonder if the law was catching up to him and he pulled a Bill Clinton and fessed up before this could be used against him. Either way, he has 2 years until he is up for re-election so he has time to clear his name or be convicted.
User Comment
John Mings
6/2/09 at 4:12 PM
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As a citizen of Grafton, I will now have to rethink my plan to ask for political asylum in Clarksburg.
User Comment
Eyes Wide Open
6/2/09 at 1:40 PM
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This is crazy. Can you people not recognize the truth when you see or hear it? Most of you seem to be so bitter that anything positive would completely pass you bu. Take a drive around Clarksburg and look at the progress. The problem with Clarksbur is negative, destructive people like Martin Shaffer. The incumbants are actually moving us forward for the first time in years. Do not stop the progress!
User Comment
Mr. anonymous
6/2/09 at 1:22 PM
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But in a different light wtg shaffer, bout time someone stood up for the little people
User Comment
Mr. anonymous
6/2/09 at 1:21 PM
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policeman, not taking sides, not saying your wrong, but i did a paper for a criminal justice class bout 3 months ago with different people from different places, reason most people dislike police,1 you are an authority figure, back when u was a kid and got in trouble, wasnt u kinda angry and upset when ur mom and dad caught u and grounded you, humans even you have the natural since to rebel 2 out of most people i talked to why they dis liked cops, is because the officer will nab you for lets say speeding, 10 mins later you see the same cop going 60 in a 50 no lights or nuttin, you are only human u are far from perfect but you are an example, and as an officer your standards are higher than a normal person 3 most people say they dislike cops because of the way they hear about them on the news and tv like the officer that "killed" his wife, one bad apple can ruin the bunch. by no means am i saying you are a bad person or a bad cop, you do have a job to do just like the rest of us, put yourself if our shoes,
User Comment
B Meadows
6/2/09 at 12:57 PM
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And now even the 'alleged' Clarksburg policeman avails himself of anonymity.
User Comment
Clarksburg Policeman
6/2/09 at 12:29 PM
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You all hate us until you need us. If you are honest, and admit to committing a crime, then damn sure you are getting arrested. Scumbag criminals are the ones that have problems with the police, not good citizens.
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Pro-change
6/2/09 at 11:47 AM
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Hey, it's Clarksburg. If the city council was not producing sh@#, there would be no need to stir it. It's easy to see from the timing of this arrest that they are afraid of the truth being known. Shaffer will not have time to defend himself in the court of public opinion while it matters. If something doesn't change soon, Clarksburg will be nothing but vacant lots and parking facilities. The last reason I had to go there was People's News. Something is wrong if the only thing thriving is gambling and banking.

From the Electronic Frontier Foundation:

Anonymous communications have an important place in our political and social discourse. The Supreme Court has ruled repeatedly that the right to anonymous free speech is protected by the First Amendment. A much-cited 1995 Supreme Court ruling in McIntyre v. Ohio Elections Commission reads:

Protections for anonymous speech are vital to democratic discourse. Allowing dissenters to shield their identities frees them to express critical, minority views . . . Anonymity is a shield from the tyranny of the majority. . . . It thus exemplifies the purpose behind the Bill of Rights, and of the First Amendment in particular: to protect unpopular individuals from retaliation . . . at the hand of an intolerant society.

This applies to comments on news sites too, by the way.
User Comment
KEVIN
6/2/09 at 10:16 AM
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SHAFFER NEEDS A LIFE, NOT A METAL ALWAYS STIRRING UP SH@#
User Comment
wasting tax dollars
6/2/09 at 8:49 AM
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this is RIDICULOUS! the only outcome is going to be the state/county throwing money down the drain. they have to prove it was his intention to aid in the defeat of these people. Plus, they have to prove that he had a hand in the circulation. Him providing information is not illegal nor is it illegal by this law. He didn't "cause" this letter to be published. So, they might as well let him go now and save themselves some money.
User Comment
KR
6/2/09 at 7:38 AM
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Chapter 3 Article 12 subsection 12a of the West Virginia code. As written above, it seem to me that if he had the guts to sign his name to the mailing it would have been legal.
User Comment
SCOTT CAIN
6/2/09 at 7:18 AM
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MR SHAFFER, YOU HAVE OUR VOTE!!! LIKE MY WIFE SAID, THE POLICE PICK U UP FOR YOUR HONESTY, BUT LIE IN FRONT OF A HARRISON COUNTY JUDGE AND THEY JUST SLEEP ON IT!!! WHAT'S WRONG WITH OUR SYSTEM!!!!!!!!!!!!!!!!!!!!!!!! WE THINK U R GREAT
User Comment
TRACI CAIN
6/2/09 at 6:54 AM
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U GO MR. SHAFFER!!!!!!!!! IT'S OKAY TO LIE IN A COURT ROOM, BUT WRITE A LETTER OF TRUTH AND WATCH OUT. THE COURT SYSTEM IN CLARKSBURG IS WRONG!!!!!!!!!!!!!! WE THINK YOU'RE GREAT, MR. SHAFFER
User Comment
MARTIN SHAFFER RULES!!
6/2/09 at 1:22 AM
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DUDE!!! THEY SHOULD GIVE MR. SHAFFER A METAL... ATLEAST SOMEONE HAD THE BACKBONE TO STAND UP AND LET THE CITIZENS OF CLARKSBURG KNOW WHATS GOING ON.

MR.SHAFFER.... CONGRATS ON DOING SOMETHING THAT NO ONE ELSE HAS THE NERVE TO DO!! ITS ABOUT TIME SOMEONE QUICKS KISSING UP AND DOES SOMETHING!!

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