CHARLESTON, WV (LOOTPRESS) – It was a win for Logan State Senator Rupie Phillips and a loss for former State Senator Richard Ojeda following a hearing in Kanawha County circuit court today.
Ojeda had sued Phillips, alleging that Phillips illegally used Ojeda’s voice in one of Phillips’ commercials last year. Ojeda did not deny that the voice was authentic.
Phillips, represented by former U.S. Attorney Mike Carey, argued that the comments by Ojeda were taken directly from an Ojeda social media post.
During the hearing, Judge Joanna Tabit agreed with one of Phillips’ key points that Ojeda repeatedly said during the posting that he encouraged others to “share” it.
Ojeda can, of course, appeal Tabit’s decision.
Ojeda served briefly as a state senator after upsetting longtime Logan Democrat Art Kirkendoll in the 2016 primary. That came after supporters of Ojeda alleged he was seriously injured two days before the primary in a fight that may have been orchestrated by his opponent.
Despite extensive investigations, no evidence of Kirkendoll’s involvement in the fracas was ever found.
Ojeda, one of the most controversial politicians to surface in decades, resigned his Senate seat. He ran a weak campaign for House of Representatives, losing to Republican Carol Miller.
The ex-senator next launched an abortive, ill-fated campaign for President. He soon withdrew from that effort due to lack of financial and other support.
Ojeda remains outspoken, even in private life. Recent social media posts have focused most of his criticism on U.S. Senator Joe Manchin.
Since Phillips and Ojeda both reside in Logan County, Phillips had made it clear he would run against Ojeda”s re-election. That ce before Ojeda resigned from the Senate.
Bad blood has existed between the two ever since and Phillips, once a Democrat House of Delegates member, won the Ojeda Senate seat as a Republican. That did not serve to make relations better between the pair.
Tabit today accepted Phillips’ argument that he did not need Ojeda’s permission to use the recording since Ojeda asked people to share it.
Ojeda will have 60 days to appeal today’s ruling.