One account of events that surfaced when Cruickshanks appealed her suspension said that Grubb called his mother and told her his plan had worked, apparently unaware that calls from the jail are recorded and monitored.

The magistrate reportedly said, "Well, that was your plan, wasn't it?" When Grubb answered yes, Cruickshanks said, "Well, that's what he gets."

Schulenberg told the jury that Cruickshanks' knowledge of her son's intentions proved criminal intent on her part.

"She knew what her son was going to do with those documents when she took them out there," he said.

A call to Cruickshanks' lawyer, James Wilson Douglas, was not immediately returned.

Cruickshanks faces up to 10 years in prison. A sentencing date has not yet been set, Schulenberg said.

Grubb was convicted on drug charges and is incarcerated at the Huttonsville Correctional Center.

Cruickshanks' first trial on the conspiracy charges ended in a hung jury in December. Circuit Judge John Hatcher from Fayette County presided over the trial, which began on Monday.

To contact staff writer Andrew Clevenger, use e-mail or call 348-1723.

A jury found a Braxton County magistrate who is up for re-election next week guilty of attempted retaliation against a state witness Wednesday.

Prosecutors charged Carolyn Cruickshanks with conspiring to retaliate against Philip Dailey, who testified against her son, Jordan Grubb, in a drug case.

Cruickshanks reportedly delivered a copy of Philip Dailey's plea agreement and a transcript of his plea hearing to the jail, where Grubb hoped other inmates would punish Dailey for being a snitch.

The jury deliberated for 50 minutes before returning a guilty verdict, said Kanawha County Assistant Prosecutor Rob Schulenberg, who was appointed as special prosecutor in the case.

Cruickshanks, who has been a Braxton County magistrate for more than eight years, was suspended without pay by the state Supreme Court in 2007.

Steve Canterbury, the Supreme Court's administrative director, said that Cruickshanks' situation will be investigated and that the Judicial Investigation Commission's hearing board will submit a recommendation to the justices in light of her felony conviction.

"It's always highly regrettable when an elected jurist who has sworn to uphold the law breaks the law," he said. "However, it should be apparent to West Virginians that no one is above the law."

During the trial, the jury heard tapes of calls Grubb made to his mother from the jail, Schulenberg said.

After Grubb distributed the documents inside the jail, Dailey was relocated for safety reasons.

"He was probably close to being attacked, but the jail authorities acted pretty quickly to get him out of harm's way," Schulenberg said.

One account of events that surfaced when Cruickshanks appealed her suspension said that Grubb called his mother and told her his plan had worked, apparently unaware that calls from the jail are recorded and monitored.

The magistrate reportedly said, "Well, that was your plan, wasn't it?" When Grubb answered yes, Cruickshanks said, "Well, that's what he gets."

Schulenberg told the jury that Cruickshanks' knowledge of her son's intentions proved criminal intent on her part.

"She knew what her son was going to do with those documents when she took them out there," he said.

A call to Cruickshanks' lawyer, James Wilson Douglas, was not immediately returned.

Cruickshanks faces up to 10 years in prison. A sentencing date has not yet been set, Schulenberg said.

Grubb was convicted on drug charges and is incarcerated at the Huttonsville Correctional Center.

Cruickshanks' first trial on the conspiracy charges ended in a hung jury in December. Circuit Judge John Hatcher from Fayette County presided over the trial, which began on Monday.

To contact staff writer Andrew Clevenger, use e-mail or call 348-1723.