W.Va. Gov casts doubt on WVSP referral, confirms parts of whistleblower letter

West Virginia Gov. Jim Justice has cast doubt on a WVSP referral and confirmed parts of a whistleblower's letter.
Published: May. 29, 2024 at 7:32 PM EDT

CHARLESTON, W.Va. (WSAZ) - West Virginia Gov. Jim Justice placed a state trooper’s cruiser in the parking lot of a Boone County child welfare office, but he cast doubt during a Wednesday briefing if the trooper actually made a referral for a now dead teenager.

WSAZ Investigates | Deadly Details Denied

Those comments are the latest in a story that has changed multiple times related to when state Child Protective Services first knew of Kyneddi Miller, 14.

Boone County deputies say her body was found in a skeletal state and she had not eaten for months. Her mother and two grandparents stand charged with child neglect resulting in death. All three have pleaded not guilty.

Justice and Department of Human Services Secretary Cynthia Persily, who oversees CPS, have both previously told WSAZ NewsChannel 3 that CPS did not know of the girl, Persily claimed “there was nothing with (Miller’s) name on it in (her) agency.”

A whistleblower letter, along with West Virginia State Police audio and a call log, say otherwise. The letter says two prior cases, in 2009 and 2017, list Miller by name. Then, the call log and audio document a state trooper saying he filed a CPS referral related to Miller in March 2023.

Justice, on Friday, told reporters that trooper says he drove to the local office, went inside and made the report, but on Wednesday the governor suggested to reporters that he now questions if the trooper went inside.

“We have confirmed that his cruiser was in the parking lot,” Justice told reporters. “The people in the building say they don’t have any recollection of him being in the building. They don’t have any recollection of a report or anything like that, you know, so we’re surely not confirming that we got a report or whatever.

The governor also seemed to confirm aspects of the whistleblower letter which detailed those 2009 and 2017 referrals.

“From what I understand, there was a report with this with Kyneddi’s name on the report,” he said. “My goodness gracious ... the first (report), I think she was a year old.”

So given that response and the Secretary’s comments that no record exists with Miller’s name on it, WSAZ NewsChannel 3′s Curtis Johnson asked this Wednesday.

“Since you just seemingly confirmed that the ‘09 and ‘17 cases from our whistleblower occurred, how can the state claim those cases from ‘09 and ‘17 were not about Kyneddi when all calls to that hotline are about children and situations that place children in danger?” Johnson asked Justice. “And then separately, about that State Police call, are you now saying that the state trooper did not go inside that building and make the report?”

“What I know about those two reports were one was made about something, I don’t know if it was drugs or whatever it may be, you know, but one was made about that,” Justice said. “Kyneddi was referenced because, but she was in the home. She was 1 year old. You know, she wasn’t involved in anything at that time that was a part of of the report. From what I understand, you know, and I’ve been told this by my people and the other report, the same thing.

“You know, so and from the standpoint of the trooper, the people in the building, from what I’m told don’t recall the trooper being in the building. What they recall is the trooper’s cruiser in the parking lot.”

Justice told Johnson to let the investigation play out.

Regarding the anonymous letter, it details two referrals to CPS involving Kyneddi -- one in 2009 and another in 2017. The letter even includes intake numbers assigned to the cases, along with dates, times, and even the names of supervisors and workers.

According to the letter, Kyneddi’s name was listed both times in the CPS system. Then, there was audio and a call log that WSAZ obtained from West Virginia State Police. It references a third referral involving Kyneddi.

In the audio, a trooper is heard talking with a dispatcher after a welfare check on the teen in March 2023.

Radio traffic stated, “on that CAD call reference that welfare check, I just made that CPS referral if you can just put it in the notes on it.”

Persily, last week as she emerged from a closed-door meeting with lawmakers, refused to answer questions from Johnson. Hours later, she questioned WSAZ’s reporting in a written statement, saying in part, “despite what has been reported by WSAZ, previous cases from 2009 and 2017 have nothing to do with the death of this young lady.”

That statement also said the department’s search for the State Police referral suggests it was never made.

State Police, in response, said it stands behind the recording and log they provided WSAZ.

WSAZ’s investigation also found state and federal law says, in the case of a child neglect fatality the state shall make public any history between the child and CPS. That is exactly the request WSAZ made using the state’s Freedom of Information Act, but the request was denied.

In his response to Johnson on Wednesday, Justice again said a lawyer in the Department of Human Services initially advised them they couldn’t release information and they were “dead wrong.”

The governor also says his administration is gathering information and a report will be put out, but he didn’t say when.

WSAZ also reached out to State Police for a response on the Governor’s comments on whether the trooper went inside to make that referral, but no response had been received as of 6 p.m. Wednesday.

Keep checking the WSAZ app for the latest.