G-FYI™: Additional Complaints Against Hough Filed with Office of Disciplinary Counsel
Following the letter and threat letter sent to the Gilmer Free Press by the Gilmer County Prosecuting Attorney for publication on Thursday, September 08, 2011, the Gilmer Free Press has learned of the following communication and filings:
Letter from Disciplinary Counsel to Dan Bingman:
Chief Lawyer Disciplinary Counsel
Rachael L. Fletcher Cipoletti
Senior Lawyer Disciplinary Counsel
Andrea J. Hinerman
Lawyer Disciplinary Counsel
Renee N. Frymyer
Jessica H. Donahue Rhodes
September 8; 2011
Dan B. Bingman
130 Hollywood Avenue
Cayahoga Falls, Ohio 44221
Re: Complaint against Gerald B. Hough, Esquire
I.D. No. 08-09-001
I am treating your emails as an appeal of the dismissal pursuant to Rule2A(b)(1) of the Rules of Lawyer Disciplinary Procedure. This matter will be placed on the agenda of an upcoming meeting of the Investigative Panel of the Lawyer Disciplinary Board and will be reviewed by all members of the Panel. The Panel consists of both lawyer and non-lawyer members. You will be notified in writing of their decision.
By copy of this letter I am notifying Respondent of the appeal, The Respondent may send a response to your recent letters if desired, but no further response is required at this time.
Jessica H. Donahue Rhodes
Lawyer Disciplinary Counsel.
cc: GeraldB. Hough, Esquire
Complaint letter from Dan Bingman to Disciplinary Counsel:
Rachaell. Fletcher Cipoletti, Esquire
Chief Lawyer Disciplinary Counsel
Office of Disciplinary Counsel
City Center East
Suite 1200 C
4700 MacCorkle Avenue, SE
Charleston, West Virginia 25304
(304)558-7999 Fax (304)558-4015
Dear Rachael Cipoletti
Let this document represent me in official capacity and give notice that I received by mail a document dated September 8th from Jessica H Rhodes informing me of an appeal of the dismissal pursuant to specific rules of procedure.
I protest the fact; that there was a dismissal, and then, I am notifying you by this official document that by the very act of suppressing the evidence of the TITLE OPINION that proves ownership in direct contradiction to claims by the Circuit Court, and by suppressing and not recognizing evidence presented by way of BACK TAX BILLING that most certainly Jessica H Rhodes and members of the office of disciplinary counsel have actively engaged in a conspiracy to cover up felony crime, and further attempted to suppress and not bring forward these specific pieces of evidence that proves there was a felony crime committed by pulling the title from the land books, so the 1/6th of the property in question would prove equal ownership. This evidence was suppressed in circuit court and the result of not being able to bring the truth of the matter forward, was the misconduct of Gerald B Hough and Beverly Marks Gilmer County Commission clerk being covered up by your office.
In July of 2010 the title opinion was used against Roanna Rafferty in civil court, and we did not have access to that document until then, when it became a matter of court record.
I am officially requesting the federal attorney that represented me in federal court contact officials in Washington DC that are not WVU graduates and that have never been members of the West Virginia Bar Association to look into the wrongdoing and criminal activity pertaining to suppressing evidence - important evidence - and more importantly evidence that resets the two-year statute that time barred my complaint of 24 August.
We are not going to recognize degree’s from a school that hands out Masters degree’s to unqualified candidates as was the case of the daughter of former governor Manchin. The action taken in regard to taking my complaint was unlawful given the fact key evidence was suppressed with full knowledge of doing so. I would appreciate it if this panel contains no graduates of WVU.
I ask specifically that Jessica Rhodes no longer be involved in this case, but obviously you ignored that request so now I am officially making that request again for the reason that your staff member appears to be completely inept and unfamiliar with the case. When I confronted Jessica about why she suppressed key evidence she went on some tirade about judge Facemire and the fact that he used the term despicable, could not even pronounce the word correctly according to the taped evidence and then denied saying it all to the Judicial Investigation Committee.
How was Rhodes even aware of the Facemire complaint and why did she bring it up in regard to this case? Rhodes knowingly suppressed key evidence and that is a serious violation of the peoples trust.
This reaction and answer to my query was highly unprofessional, and quite frankly she came off as a bit of a nut. I am once again requesting that J Rhodes should be restricted from any further information or have any affiliation with this complaint against Gerald B Hough.
Rhodes made private communications between me and specifically you available to Hough, and they published those private communications on Gerry Hough’s hate site. I sent the evidence to law enforcement, and I am drafting a complaint to office of the US Attorney.
DUE DILIGENCE is a term that needs attention for Hough used no due diligence in the case, and really what part of that did Jessica Rhodes consider? She only considered the part in which key evidence is suppressed in a highly illegal manner.
Let me describe further in these words and let this statement stand as official response:
A case should never be brought to court by a Prosecutor who has not used due diligence to establish the facts. Just because a person says they own something doesn’t make it true. There are records to be checked and it takes a little longer than a 10 minute court recess. When Hough could not locate the 1/6th claimed, the court should have been notified (despite his embarrassment) a mistrial declared and perjury charges brought against the Prosecutors witness in my opinion. We have all seen the tax tickets, we know the property disappeared from the land books and that land titles are maintained in the County Clerk’s Office. It would have taken time to back search the records, locate the last time it had been taxed, who the owner was and see the correction made. It is quite simply pre-trial finding of fact. This did not happen. Yet in 2010 it magically reappeared, back taxed without question and sold at tax sale. The document was needed from 2004-2006 in Circuit Court and 2007 for a WV Supreme Court decision that was extremely close. Because there was no title proof of ownership, the jury, and the court could not know that there was equal ownership in a property dispute that somehow turned into a criminal case, although experts say it should have been a civil action all along. As for expert witnesses as to the value of anything, show us the credentials! To pay someone for a subjective opinion that can have such an impact on another life without verification of the facts through any other source is just unbelievable. We have all heard the audio of a much more experienced person assessing the value in question in the presence of the paid “expert”. It was obvious she was not a qualified expert on the subject and at that point was only concerned both of them would be called to court to testify to the value required to get the conviction.
The new evidence in this case proves that it should not be time-barred. It proves that due diligence was not practiced and a human being suffered severely as a result. The Office of Disciplinary Counsel needs to take a long, hard look at the facts. It is their role to oversee the conduct of attorneys practicing in the State of W.V. whether in private practice or elected office. Those in public office should be held to the highest standards. The purpose of the law is to serve the people, not to persecute, suppress or endanger their rights. The repeated threats made by Attorney Hough to take the money and home of anyone without legal action in process represent unethical conduct in and of itself. Multiple threats against private citizens with accessing their computer and outrageous charges of illegality for exercising their free speech, while using public funds to advertise this in the name of the office of the Gilmer County Prosecutor, is not only unethical but also illegal. He is not the only attorney in this county to use threats in such a manner but the ODC should make such an example of this case as to ensure that he would be the last. It is their duty. It is their job. It is what’s right.
The matter of the dismissal was published on the Gilmer Free Press and Gerry Hough threatened the owner with legal action if that document was immediately posted.
31,136 people read the GFP from 10:59 am that Thursday until 10:24am Friday, and that number has again doubled.
This very well could be the first ODC battle shared with the public word for word.
Your FIRST investigation is not being recognized by myself and associates, and the appeal is for the appeal of a grave error and for the criminal activity of knowingly suppressing evidence.
We want to know WHO all of the members on the Panel you discussed are and if they are a member of the West Virginia Bar and or graduates of West Virginia University. This is a serious matter when YOU knowingly suppress evidence and we expect you to comply with this demand fully pertaining to panel members that show no bias and are accountable for their actions through their identity.
Printable Copy of the Title Opinion
Printable Response of Disciplinary Counsel
West Virginia Supreme Court Launches New, Improved Website
The West Virginia Supreme Court is making it easier to access online information about the state’s judicial system.
The court announced the launch of new website, www.courtswv.gov, on Friday.
Visitors to the court’s previous website will be redirected to the new one.
Improvements include a unified look for all pages and one list that combine all decisions issued during a term of court. Decisions can be sorted by the type of case and decision.
There’s also county-by-county court information, including maps and addresses and phone numbers of judicial offices and officials.
Another new feature is slideshows showcasing courthouses in the state, judicial officials’ outreach efforts and the court’s chamber in the Capitol.
Gilmer County Circuit Court Report - 09.06.11
Judge Jack Alsop presided over case on Thursday, September 01, 2011 in Gilmer County.
• One guardian case was heard and granted.
• State of West Virginia vs. James Lee Shields
A pretrial was held in this case of with 2 counts of his indictment being dismissed.
Shields is represented by Christopher Moffatt of Charleston.
His trial is still on the docket for Thursday, September 29, 2011 at 9:00 AM.
• State of West Virginia vs. Jamie Dennison
Dennison was before the Court and later rescheduled for Thursday, September 22, 2011 at 2:00 PM.
Dennison is represented by Daniel Grindo of Gassaway.
• State of West Virginia vs. Mark Taylor
He was before the court for sentencing.
Judge Alsop released him from jail on 5 years’ probation.
Taylor must perform 160 hours of community service per year of probation and is to obtain employment and must reside with his mother.
He is also to complete a substance abuse program.
Taylor was also represented by Daniel Grindo of Gassaway.
• State of West Virginia vs. Jerry Duelley II
He was before the court for sentencing upon his former plea of guilty to two First Offense DU1 charges.
After taking testimony as to the count in his indictment involving drugs, Judge Alsop sentenced him to 6 months in the Central Regional Jail on both DUI pleas, said sentences to run consecutively.
Duelley must self-report to CRJ at 7:00 PM on Friday, September 02, 2011 and remain there until 7:00 PM on Monday, September 05, 2011.
Then he will be placed on home confinement in lieu of the remainder of his sentence and must pay hookup and daily fees for home confinement.
Daniel Grindo was also his attorney.
• A juvenile case was heard and set for further hearing on Thursday, September 22, 2011 at 1:00 PM.
Chief Judge Richard A. Facemire presided over Court on Friday, September 02, 2011 in Gilmer County.
• Two juvenile hearings were held with one being reset for Monday, September 26, 2011 at 11:15 AM.
• State of West Virginia vs. Shannon Marks
She was before the Court on a motion to have contact with her husband who is incarcerated.
Judge Facemire took the motion under advisement.
Marks was represented by Christina Flanigan of Buckhannon.
• State of West Virginia vs. Stephanie Smarr
She was before the Court for reduction of bond or alternative sentencing.
Judge Facemire left the bond at $20,000.00 but she may be released on home confinement to her mother and stepfather’s residence.
She must go to outpatient rehab and the day reporting center.
Smarr was also represented by Christina Flanigan.
• State of West Virginia vs. Kevin Curry
He was before the Court again and asked for home confinement.
Judge Facemire said the amount of the bond was fair but agreed to home confinement.
Curry was also represented by Christina Flanigan.
Gilmer County Family Court Report - 09.06.11
• Andrea K. Rounds (28) of Glenville, WV DIVORCED Lorin Jason Rounds (30) of Lonaconing, MD on 09.16.2011.
• Stephanie Jenkins (22) of Cedarville, WV DIVORCED Gary Brandon Jenkins (22) of Perkins, WV on 09.06.2011.
• Leona Fay Battle (45) of Glenville, WV DIVORCED Kyvin Tyrone Battle age and address unknown on 09.06.2011.
Glenville Woman Receives Probation in Lewis County
A Glenville woman received five years of probation in Lewis County Circuit Court after being convicted of grand larceny and conspiracy to commit breaking and entering.
Kristen R. Butcher, age 22, also was ordered to pay half of the value of a DVD player as part of her probation.
A co-defendant, Heather Black, had earlier been ordered to pay the other half.
Lewis County Prosecutor said Butcher has remained out of trouble after severing her relationship with Black.
Judge suspended a one- to five-year prison term for the conspiracy charge and a one- to 10-year stretch on the grand larceny charge.
But he imposed a 120-day stay at the regional jail that would be served at his discretion.
Butcher also was ordered to pay a $10 monthly supervisory fee.
Clerks’ offices to Close for October 04, 2011 Special Election
Clerks’ offices throughout West Virginia will be closed October 04, 2011 for the special gubernatorial election.
Special elections held statewide are legal holidays.
As a result, the Supreme Court Clerk’s Office, Circuit Clerks’ Offices and Magistrate Court Clerks’ offices will be closed.
Chief Justice Margaret L. Workman, on behalf of the Supreme Court of Appeals of West Virginia, announced on August 29, 2011 that October 04, 2011 will be a legal holiday and a day off for employees of the West Virginia judiciary.
Gilmer County Family Court Report – 08.30.11
Divorces granted on Tuesday, August 30, 2011 in Gilmer County Family Court were:
• Lucinda Milk (25) of Smithville DIVORCED Jesse Milk (30) of Weston.
• Trisha Cottrell (22) of Glenville DIVORCED Denzil Cottrell Jr. (38) of Glenville.
• Sheri Lynn Skidmore (37) of Glenville DIVORCED Philip Skidmore (52) of Glenville.
Judge Alsop Says State Supreme Court Ruling Harms Privacy Rights
Circuit Judge Jack Alsop fears the Supreme Court of Appeals diminished privacy rights in electronic devices.
The 14th Circuit Court judge partially dissented on August 18, 2011 as a substitute Justice in a Jackson County murder case that detectives cracked with a cellular telephone.
He agreed that Larry White deserved a life sentence without mercy for killing his woman’s husband, but disagreed on treatment of evidence from the phone.
The majority held that from now on, officers searching a vehicle pursuant to a valid warrant don’t need another warrant to examine phones they find.
“I am fearful that the majority opinion goes too far and addresses a developing area of constitutional law that would be best left for another day,“ Alsop wrote, saying the majority cited no authority for their proposition. He wrote that it may not be permissible under the U.S. Constitution.
He said he would have avoided the issue as Circuit Judge Thomas Evans did at trial, by ruling that White lacked standing to move for suppression of phone evidence.
Alsop declared Evans absolutely correct.
“Mr. White was not the owner of the vehicle searched and therefore, is not entitled to any constitutional protections with regard to expectations of privacy,“ he wrote.
He wrote that “if a person is in such a position that he cannot reasonably expect privacy, the court may find that an unreasonable Fourth Amendment search has not taken place.“
The phone belonged to White, but partner Roseann Osborne used it.
On the murder date, she drove a truck that belonged to husband Muhamed Mahrous.
He drove her car, and they met at Riverfront Park in Ravenswood.
White approached, carrying a plastic bag that concealed a hammer.
Three blows with the bag ended Mahrous’s life.
Osborne dialed 911, reported the crime, and lied as she described the attacker.
Detectives impounded the truck and the car at Ravenswood city garage.
They obtained a warrant to search the truck and seize any personal property belonging to Mahrous or Osborne.
They found the phone and extracted evidence pointing to White.
With further search warrants, they opened his account, counted his calls, and identified the towers that bounced his words.
They traced him to Indiana, and he said he was there when Mahrous died.
They told him a tower in Ravenswood picked up his calls that day.
They told him he and Osborne exchanged 59 calls, seven just before the murder.
He confessed, and grand jurors indicted him and Osborne for murder and conspiracy.
In separate trials, jurors convicted them on both charges.
On appeal, White challenged everything from jury selection through admission of evidence to denial of motions for new trial.
On evidence from the phone, he argued that officers who seized it needed a separate warrant to search its contents.
He argued Evans should have suppressed all evidence that flowed from the phone.
In February, the Justices rejected all his challenges.
Justice Robin Davis wrote that he didn’t allege officers seized the phone improperly.
She quoted a decision of the U.S. Supreme Court that once a suspect’s property is lawfully in the state’s control, the state may perform tests and use the results in criminal investigations without violating Fourth Amendment rights.
“Accordingly, we now expressly hold that, when searching a vehicle pursuant to a valid search warrant, no additional search warrant is required to examine the contents of items that are properly seized in the execution of the warrant, including, but not limited to, cellular telephones,“ she wrote.
Alsop reserved the right to file a concurring opinion, but as months passed he chose to express partial dissent.
“I am of the opinion this broad language may be ill advised,“ he wrote.
He wrote that a challenge to a search depends not upon a person’s right in a place or a thing but upon a person’s legitimate expectation of privacy in the place or the thing.
He wrote that the area of law as to search and seizure of electronic devices continues to develop under the U.S. Constitution.
~~ by Steve Korris – WVRecord ~~
WV Landowner Wants the Case of XTO and WACO Remanded to Circuit Court
A West Virginia man suing two energy companies in the Marcellus Shale wants his case returned to circuit court.
Richard Cain, a 61-year-old farmer and crane operator from Mannington, WV, filed suit against XTO Energy, an Exxon Mobil Corp. subsidiary, and Waco Oil & Gas Inc. in Marion County Circuit Court in June.
Cain said the companies don’t have the right to use his property to drill horizontal wells that would access natural gas from his neighbors’ reserves.
“They’re destroying my property to benefit somebody else,“ Cain told NGI’s Shale Daily. “I understand that if they were extracting and developing the minerals from under my property there’s no case there. But this is totally to draw the minerals from neighboring land. It’s my feeling that my neighbors didn’t want the wells on their property, so they decided to destroy mine.“
XTO filed a notice of removal on July 22, 2011, which moved the case to U.S. District Court, Northern District of West Virginia.
Judge Irene Keeley will hear Cain’s motion to remand the case back to Marion County on September 30, 2011.
She will also hear a motion to dismiss the case by Glenville, WV-based Waco.
“From what I understand and what I’ve been told, that’s where the case should be,“ Cain said. “It should be there because Waco is doing business in West Virginia. I’ve never been in court before so I really don’t know. But this doesn’t just involve me it involves every landowner in the state. If they can do it to me, they can do it to every other landowner. They can put the wells wherever they want.“
Richard Gottlieb and Marc Monteleone—attorneys representing XTO and Waco, respectively—did not return calls seeking comment.
Cain owns about 105 surface acres, but Waco—then Trio Petroleum Corp.—purchased the mineral rights to an underlying 138-acre oil and gas reservation at a tax sale in 1999. The company then signed itself as leasee.
Cain said XTO has already drilled three wells on one pad on his property. Court documents indicate XTO plans to acquire permits to drill another three wells on the first pad, and then construct two additional pads with six wells each for a total of 18 horizontal Marcellus Shale gas wells.
Asked if he has spoken to any of his neighbors since his court case—Cain v. XTO Energy Inc. et al. (No. 1:11-CV-111)—started, Cain said, “No, they haven’t come around. There’s been no conversation between us.“
~~ by NGI’s Shale Daily ~~
Glenville: Registered Sex Offender Behind Bars for Accosting a Young Boy
Charles (Chuck) Dale Emerson is behind bars for child molestation charges
Emerson, age 52, from Glenville was arraigned before Gilmer County Magistrate Carol Wolfe on Friday, August 26, 2011.
Emerson Who is on sex offenders registry is accused of accosting a young boy that lives in Glenville.
Emerson is charged with two counts of first degree sexual abuse, and two counts of third degree sexual assault.
Officials say he inappropriately touched a four year old child on several occasions.
Emerson is behind bars at Central Regional Jail on $200,000.00 bail.
Complaint Filed against Gilmer County Prosecutor for Ethics Violation
The Gilmer Free Press has obtained the following complaint filed with West Virginia Office of Disciplinary Counsel:
To : Rachael L. Fletcher Cipoletti
Chief Lawyer Disciplinary Counsel
Office of Disciplinary Counsel
City Center East
4700 MacCorkle Avenue SE, Suite 1200C
Charleston, West Virginia 25304
Office: (304) 558-7999
Fax: (304) 558-4015
Let this document represent a complaint against Gerald B Hough Gilmer County Prosecutor for misconduct involving a well known felony criminal case in which the defendant Dan Bingman was wrongfully charged with three felonies.
All charges and all allegations in this case which languished in the state of West Virginia in circuit court for over two years and in West Virginia Supreme court all of 2006 until September of 2007, were false and fabricated which also includes the unlawful act of Gerald B Hough falsely paying my aunt Roanna Rafferty to testify to the fact that she was a VICTIM and owned 1/6th of 155 acres of Surface property in Dekalb in Gilmer County.
Roanna Rafferty was NOT A VICTIM and this greatly confused the jury.
Simply stated Gerald B Hough did not use due diligence in researching the case to discover who the rightful owners of the disputed property were.
THE JURY WAS TOLD FACTS THAT WERE NOT TRUE and purposely mislead by Hough.
We had no way of knowing that the title to the missing 1/6th of surface property was pulled by the commission clerk on the order of Timothy B Butcher. This is a fact and there is a witness. Hough also knew the title was pulled and knowingly brought false evidence to a grand jury which is criminal matter.
Gerry Hough ruined my 30 year broadcast career by bringing a false case against me knowingly, and he did it out of spite and malice. What Gerry Hough did was criminal and this new evidence discovered proves what we testified to was correct and the lies Gerry Hough paid cash money for were wrong.
While reviewing the court record of Case # 05 – F – 8 from Gilmer County the infractions involving outright lies and false facts are too numerous to mention, but here is a prime example of false facts brought before the jury.
Here is just one example, I have many.
From the court record: FALSE STATEMENT TO JURY BY HOUGH
“While the husband is sick with Cancer Shirley Ball writes a check. “
From the court record:
“While the husband is sick with Cancer Shirley Ball writes a check.“
Investigators discovered that Mr. Ball was not diagnosed with Cancer until TWO YEARS LATER! What a bold face liar Gerry Hough is. Gerry Hough was not diagnosed with CANCER until Two years later. Mr. Ball was not sick at all on that date and did not have cancer or was he sick. Shirley Ball a state witness and Gerry Hough are both liars and lied and used malice while revealing false information to the jury.
One lie after another was told to the jury and the evidence has all surfaced now and the truth can be easily found out. What Hough did was criminal.
No farm equipment was ever sold, or moved by me.
According to the court record I never touched the equipment, but in the majority opinion published by the Supreme Court Asst AG Goldberg stated that I moved the equipment from an adjacent 100 acres never part of the court case.
Let this complaint reveal the Hough conspired with Goldberg to enter false facts as a matter of record and submitted to the Supreme Court.
Let this document reflect an official complaint against Robert GOLDBERG and Gerry Hough for this criminal act.
Mr. Ball gave me a loan, since I dropped everything, including my studio work to try to save our farm. I was paying on two vehicles to the bank plus insurance. A check was written for $500.00 – Gerry gave a few different of his full time employee’s loans, since he was the man that owned the company he started from his garage.
Investigators discovered that a man named Terry that has long blonde hair also got a similar loan at the same time and had the same status as me, an employee that had been laid off. Our whole shift was laid off. Yes I actually had to work for once in my life instead of having a dream job as a disc jockey, but Hough told the jury that I did not even know Mr. Ball. Hough lied to the jury and is not such a great guy!
Gerry Hough told the jury I did not even know MR BALL when I was his employee for two years and he was well aware of the fact that my name was Dan Bingman, but this truth was suppressed and the jury believed MR BALL did not know me, but we were friends.
I made 26, 000 and 28,000 I believe as Gerry’s employee right after I lost my show at WMMS in Cleveland 100.7FM due to the station being sold to Clear Channel who I competed against for years with my show “West in the Morning” broadcast on 92.1 FM in the major market of San Diego.
In April of 2004 I gave the employee’s of GERRY Ball’s car care service $400 dollars to fix my Volvo. I called Gerry and said I had 400 of the 500 hundred I owed him, but that I had to use it to get my Volvo fixed. I made the call in front of a man named Kevin Wiese, but Oshoway refused to call him as a witness. I ask Oshoway to call him as a witness, let this document reflect my complaint against F JOHN OSHOWAY for knowingly suppressing evidence that would have proved me innocent.
When Gerry Ball died just before my arrest for felony charges in Gilmer Country, my car was stolen by his wife Shirley Ball and I never saw my VOLVO again, and I believe Hough could have been in on that disappearance of my vehicle.
In October of 2010 Major Ingold ordered Trooper Smith of the WVSP to find my car, but they never really looked for it.
Recently Gerry Hough put ads in the Glenville Democrat and Pathfinder and paid for the ads involving a hate site directed towards me personally, and that is a serious violation of ethics.
Please find the evidence involving those advertisements and another published ad sent by e-mail as official evidence in this complaint of misconduct.
Please consider the above facts and please find reason for immediate suspension of the license to practice law for Gerald B Hough.
Truly myself, my family and legal representatives feel Hough should go to prison for the crimes committed involving my case, which include the crime of subornation of perjury.
130 Hollywood Ave.
Cuyahoga Falls, Ohio 44221
Gilmer County Circuit Court Report - 08.22.11
The Gilmer County Chief Judge Richard A. Facemire presided over his regular monthly motion day Monday, August 22, 2011 in Gilmer County.
Two fugitives from justice waived extradition as follows:
• Chaz Keon Davis waived extradition to New York.
He was represented by T.J. Drake of Gassaway.
Authorities from New York have until 4:00 PM on Wednesday, August 31, 2011 to pick Him up at Central Regional Jail or he will be released.
• Corey Devery Hamlet waived extradition to New Jersey.
He was represented by T.J. Drake of Gassaway.
Authorities from New Jersey have until 4:00 PM on Wednesday, August 31, 2011 to pick Him up at Central Regional Jail or he will be released.
• Several juveniles were heard and reset as follows: Monday, November 28, 2011 at 9:00, 9:10, 9:20, and
• One juvenile case will be dismissed because the juvenile has turned 18.
• State of West Virginia vs. Jimmy Sandy
He was sentenced to 1-5 years in the penitentiary and fined $5,000.00 to be paid within 18 months of his release.
He was represented by Christopher Moffatt of Charleston.
• State of West Virginia vs. Laura LaFever
She was sentenced to 1 year in the Central Regional Jail with sentence being suspended and she was admitted to 2 years probation and must pay $300.00 as a fine for the petit larceny charge and $100.00 as a fine for the trespassing.
She was represented by David Karickhoff of Sutton.
• State of West Virginia vs. Roseann Shelton
She was ordered to self report for diagnosis and classification for 60 days with her sentencing to be at 9:40 AM on Monday, October 24, 2011.
She was also represented by David Karickhoff.
• The civil case of Gary Green vs. Preston Dyechem Co. Inc. was dismissed without prejudice by the Court.
One name change was granted.
• In the case involving Richard Zalonko the matter was to be referred to Adult Protective Services of the DHHR and they must investigate and file a report in the matter.
G-otcha™: Braxton County Individual Sentenced in Federal Court
A Braxton County man was sentenced last week in United States District Court in Clarksburg by Judge Irene M. Keeley.
United States Attorney William J. Ihlenfeld, II, announced that:
BRANDON GUM, age 26, of Flatwoods, West Virginia, was sentenced on August 19, 2011, to six months imprisonment to be followed by two years of supervised release, with the first six months of his supervised release to be served under home detention.
GUM entered a plea of guilty on May 16, 2011, to one count of selling and disposing of a stolen firearm on October 29, 2009, in Braxton County.
GUM, who is currently free on bond, will self-report to the designated Federal institution.
The case was prosecuted by Assistant United States Attorney Zelda E. Wesley and was investigated by the Bureau of Alcohol, Tobacco, Firearms & Explosives.
GSC Public Service Officer Behind Bars for Night Time Burglary
Cymone Andrae Wright was arrested in the early morning hours on Wednesday, August 17, 2011 by the Gilmer County Sheriff Deputy Cason Jones in Glenville.
Wright, 28, is charged with night time burglary.
According to Glenville State College website Wright is a Public Safety Officer for the college.
He was arraigned before Gilmer County Magistrate Carol Wolfe.
He is behind bars in Central Regional Jail.
His bond is set at $25,000.00.
According to reports, Wright approached a home close to Glenville (on WV Hwy 5 W towards Grantsville) in his uniform during his burglary attempt.
According to information obtained from various sources at the college, Dr. Barr, the GSC President, is not planning to take any disciplinary action against the officer.
The Gilmer Free Press has received multiple concerns about the possible release of Wright from jail to public due to his recent public behavior as well as the safety concerns about the victim in this incident.
Court Rules Part of Obamacare Unconstitutional
The core of President Barack Obama’s landmark health care legislation is unconstitutional, a federal appeals court panel ruled Friday.
Congresswoman Shelley Moore Capito and Congressman David McKinley both released statements supporting the 11th Circuit Court’s ruling that the Affordable Care Act’s individual mandate runs contrary to the country’s constitution.
“I applaud the 11th Circuit Court of Appeals for following the law and protecting our constitutional rights,” said McKinley.
“Today a federal appeals court in Atlanta ruled what we’ve known all along: bureaucrats in Washington cannot force Americans to buy something against their will,“ added Capito.
The health care overhaul, colloquially known as Obamacare, has been a topic of debate among lawmakers since passing Congress in March 2010.
At the center of the disagreements has been the individual mandate, which requires Americans to have some kind of health care coverage.
The ruling did not strike down the entire law as unconstitutional.
It’s widely assumed the Supreme Court will eventually have to make a decision on the Affordable Care Act.
“It is my hope that the Supreme Court will determine this law to be unconstitutional,“ McKinley said.
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