BUCKHANNON — On December 23rd, Asad Derya Khan appeared in Upshur County Magistrate Court for a scheduled hearing after committing criminal election interference. Khan was accompanied by his attorney Steven Nanners, with specially appointed Magistrate Michael Gissy presiding.
Khan was also wearing a facemask with the Pros and Khans logo, which is the name of his local web show on Facebook.
On August 13th, Khan was charged for violating West Virginia Code §3-8-12,
“A person may not 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.” It continues, “Any person violating any provision of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $1,000, or confined in jail for not more than one year, or both fined and confined.”
According to the criminal complaint, Khan admitted to “conspiring with [Michael Lee] Morehead on numerous occasions” and admitted to circulating the illegal material anonymously to influence the electorate to oppose an identified candidate. The material consisted of creating and promoting a defamatory mock campaign website that falsely impersonated Buckhannon City Council candidate Shelia Sines, portraying her as “supporting the legalization and lowering the cost of cocaine, sexual references about male adult entertainers, and called her a religious bigot. All false statements intended to persuade the population to oppose the victim’s candidacy.”
Members of the press approached the magistrate’s office and were told by Nanners that the hearing would take place in a closed jury room, and implied the press would not be able to attend. Then, Nanners was informed that magistrate Gissy told reporters that it would be an open hearing to members of the press. At 10:00 a.m., the doors to Magistrate Court remained locked; a reporter had to inform the office that the doors needed to be unlocked. Press was then permitted to enter.
Once reporters were finally allowed in, Khan was sitting idle at the defense table in the courtroom, as Nanners scurried in and out of the courtroom.
Magistrate Gissy made one appearance in the courtroom; however, the Court did not officially go on record. Additionally, the status of the case was not presented or disclosed to reporters.
Steven Nanners then walked into the courtroom and expressed, “It has been continued.”
Nanners and Khan then abruptly left the courtroom, exiting through the west stairwell.
Khan’s former campaign manager Beth Zickafoose Day also appeared in the hall outside Magistrate Court. Following Khan’s exit from the Courthouse, Day lingered, staring at Sines as she conversed with reporters and the assistant prosecuting attorney.
Asad Khan was purportedly offered a plea agreement, where a fine would be imposed; however, the misdemeanor charge would remain on his record. Khan allegedly declined to accept the deal.
The case’s continuance currently awaits further scheduling, while he remains free on a bond of $3,000 personal recognizance. Magistrate Gissy will be retiring at the end of the year, and the case of the State of West Virginia v. Asad D. Khan will await an appointment of a new magistrate.
Asad Derya Khan could face up to one year of imprisonment and/or up-to a $1,000 fine.