OddlyEnough™: Court Video Details Angry Outburst of WV Judge during Divorce Proceeding
A judge’s rant during a court proceeding in Putnam County is drawing attention after it was posted to YouTube this week.
The video is court surveillance from a May 23rd divorce proceeding. Hurricane Pastor Arthur Hage and his estranged wife are before Family Court Judge William Watkins for a hearing over the pending sale of their home.
As the proceeding gets started, Judge Watkins addresses Hage and grows increasingly angry over a story posted to an internet news site which featured a picture of the judge’s home.
“Mr. Hage if you say one word out of turn, you’re going to jail,“ Watkins starts his address.
...... Now You be the Judge ......
Judge Watkins then proceeds to berate Hage over the pictured and the negative attention it’s drawn to his family.
“A picture of my home, on the front page, SHUT UP! DON’T EVEN SPEAK,“ Watkins can be heard screaming on the video. “My wife is disabled and you.. you disgusting piece of ...“
Watkins says his windows were broken and his home vandalized after the picture was posted. He holds Hage personally responsible.
Eventually, Watkins says he’s so angry he will recuse himself from the case. However, he reconsiders and continues with the hearing. Now that a month has passed, Watkins has removed himself from the case and it’s been assigned to another judge.
Officials with the Judicial Investigation Commission are aware of the video and have watched it. However, whether they’ll investigate the judge’s actions are unclear. Hage says he’s filed several complaints with the commission about Watkins during his divorce case.
G-otcha™: Lewis County Resident Enters Plea to Use of a Firearm during a Crime of Violence
An 18 year old Lewis County, West Virginia, resident entered a plea of guilty on June 26, 2012, in United States District Court in Elkins before Magistrate Judge John S. Kaull.
United States Attorney William J. Ihlenfeld, II, announced that: CHRISTOPHER BILLS entered a plea of guilty to “Use of a Firearm During a Crime of Violence.”
BILLS was charged with using the firearm during the robbery of a 7-Eleven store in Weston, West Virginia.
The charge stems from a robbery of a 7-Eleven store in Weston, West Virginia, on November 27, 2011.
BILLS, who is in custody pending sentencing, faces up to 5 years imprisonment and a fine of $250,000.
This case was prosecuted by Assistant United States Attorney Zelda E. Wesley and was investigated by the Bureau of Alcohol, Tobacco and Firearms.
Gilmer County Circuit Court Report – 06.26.12
Judge Richard A. Facemire presided over his motion day on Monday, June 25, 2012 in Gilmer County finishing before Noon.
• Two fugitives waived extradition back to their respective states.
Juan Carlos Gomez (who required an interpreter) waived to return to Texas and Jason Lee McAdoo waived to return to his state of Virginia.
Both defendants were represented by Christina Flanigan of Buckhannon.
When Judge Facemire called the criminal docket for the July term of Court he directed the Clerk to reissue warrants for 25 persons who were not present, some of the cases date back to the year 2000.
Several cases were set for trial as follows:
• State of West Virginia vs. Charles Emerson
He is represented by Kevin Duffy of Clay.
Case is set for trial on Tuesday, August 28, 2012.
• State of West Virginia vs. Gary Ferrell
He is now represented by Daniel Armstrong of Gassaway.
Case is set for trial on Tuesday, September 18, 2012 and his pretrial is set for Monday, August 27, 2012 at 11:00 AM.
• State of West Virginia vs. Tonya Ramsey
She is now represented by Christina Flanigan.
Case is set for 2nd trial on Tuesday, August 28, 2012.
• State of West Virginia vs. Jimmie Glen Stewart
He is now represented by hired attorney, Steve Nanners
Case is set for 3rd trial on Tuesday, August 28, 2012.
• State of West Virginia vs. Catherine McGhee
Case is set for trial on Tuesday, July 10, 2012 at 9:00 AM with pre-trial on Tuesday, July 03, 2012 at 9:00 AM.
She is represented by Daniel Armstrong of Gassaway also.
• State of West Virginia vs. Alicia Nichole Wine
Case is set for plea hearing on Tuesday, July 03, 2012 at 9:00 AM.
She is represented by Clinton Bischoff of Summersville.
• State of West Virginia vs. Sundee Honaker
Case is set for plea hearing on Tuesday, July 03, 2012 at 9:00 AM.
Her attorney is David Karickhoff of Sutton.
• One juvenile case was set for Tuesday, July 17, 2012 at 9:00 AM.
• Another juvenile is set for hearing on Friday, July 06, 2012 at 9:00 AM.
• Another juvenile case was dismissed.
• Several other juveniles were set for Monday, September 24, 2012 at 9:05, 9:10, 9:15 and 9:20 AM.
• State of West Virginia vs. Cason Jones
He was before the Court for expungement and was granted by the Court.
• A civil case was reset for Thursday, July 19, 2012 at 9:00 AM due to party failing to appear.
• A wedding was performed between Rose Greenlief and Jeff Harper after the Judge completed his docket.
Chief Judge Jack Alsop appeared in Gilmer County on Tuesday, June 26, 2012 with the petit jury reporting to try one or two criminal cases.
After discussion between the prosecutor and defense attorney, Judge Alsop released the jurors to call back on Wednesday regarding a final trial set for June 28, 2012.
Then he took 2 pleas as follows:
• State of West Virginia vs. Shane Posey
He pled to failure to register as a sex offender and will be sentenced Monday, August 13, 2012 at 11:30 AM.
He was represented by Daniel Grindo of Gassaway.
• State of West Virginia vs. Timothy Furr
He pled to attempted burglary and possession of a controlled substance with intent to manufacture or deliver a Schedule I controlled substance (marijuana).
Fur was represented by Adkins of Sissonville and will also be sentenced on Monday, August 13, 2012 at 11:00 AM.
• Also Brittany Thompson, a witness, failed to appear after being duly subpoenaed and served.
Prosecuting Attorney Gerald Hough asked for a rule to show cause to be issued against her and the clerk issued it returnable for Monday, August 13, 2012 at 11:15 AM for her to explain to the Court why she failed to appear.
Gilmer County Family Court Report – 06.22.12
Family Court Judge Larry Whited recently granted a divorce between Heather Yeager (26) of Jane Lew, WV who divorced Joseph Yeager (39) of Cox’s Mills, WV on 06.22.2012.
Gilmer County Receives $37K Grant
The West Virginia Division of Justice and Community Services, the administrative agency for the Court Security Fund Grant Program, has informed the Gilmer County Commission that it will be the recipient of a $37,676.00 grant.
The grant serves the purpose of enhancing the county court security.
These upgrades will help to make Gilmer Counties Magistrate Courts, Family Courts, and Circuit Courts safer, as well as courthouse employees and county citizens.
WV Supreme Court Weighs in on Medicaid Recovery
A divided West Virginia Supreme Court has awarded the state’s Medicaid program a somewhat larger reimbursement from a medical malpractice settlement.
The Department of Health and Human Resources sought to recover around $289,000 spent on behalf of a severely brain-damaged child after his family received the $3.6 million settlement.
A circuit judge in 2010 instead awarded around $79,000. This week’s ruling increased that amount to $96,000 minus lawyer fees and costs.
Chief Justice Menis Ketchum and Justice Margaret Workman issued separate dissenting opinions.
Each said that as Medicaid will continue to cover the child, the program should be allowed to recover future costs.
Both also urged the Legislature to strengthen state laws governing Medicaid reimbursements.
Ketchum wrote that Thursday’s ruling will cost West Virginia millions of dollars annually.
ELECTION COMPLAINT-DISCLOSURE: WV Judge Voids Elections Complaint Gag Law
A West Virginia judge has ruled that someone accused of violating elections law can rebut the allegations publicly.
Currently WV law threatens anyone who discloses an elections complaint with a misdemeanor, punishable by a fine and jail time.
But Kanawha Circuit Judge Duke Bloom says that blanket gag order is an overly broad restriction of speech.
He ruled the law unconstitutional in a Monday order.
As a result, West Virginia Secretary of State Natalie Tennant said on Wednesday that she will start confirming whether an investigation is underway.
G-otcha™:Massachusetts Woman Charged With Traveling to WV to Have Sex with a Minor in Linn, WV
A woman from Massachusetts has been indicted by a federal grand jury for allegedly traveling to West Virginia to have sex with a minor, according to United States Attorney William J. Ihlenfeld, II.
CARISSA HADS, age 25, of Quincy, Massachusetts (both pictures), was named in a one count indictment this week charging her with “Traveling in Interstate Commerce with the Intent to Engage in Illicit Sexual Conduct.”
The indictment charges that on February 23, 2012, HADS traveled from Massachusetts to North Central West Virginia to have sex with a minor.
Court documents indicate that HADS posed as an 18-year old man on a social media website and also took steps to change her appearance in order to deceive the victim as to her true identity.
HADS met the alleged victim online in 2010 and the two communicated for over a year before the first in-person meeting took place.
HADS traveled at least three times from Massachusetts to visit the alleged victim, and was arrested at the Pittsburgh International Airport by F.B.I. agents on May 25, 2012 on one of her visits to the area.
A federal magistrate judge has ordered that HADS be detained pending trial after finding that she is danger to the community as well as a flight risk.
If convicted, HADS faces up to 30 years imprisonment and a fine of $250,000.
Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offense and the criminal history, if any, of the defendant.
HADS is presumed innocent until and unless proven guilty.
“The West Virginia Internet Crimes Against Children Task Force is to be commended in how it conducted this investigation,” said Ihlenfeld. “After the tip was received immediate steps were taken to ensure the safety of the victim and to make sure that the suspect was held accountable.”
The case will be prosecuted by Assistant United States Attorney Shawn A. Morgan, Chief of the Criminal Division for the U.S. Attorney’s Office.
West Virginia Supreme Court to Take Up Hiram Lewis Case
The Clay County grand jury is the next stop for felony charges against former statewide political candidate Hiram Lewis but he now faces possible discipline from the state Supreme Court.
The Supreme Court announced late Tuesday that it has scheduled a hearing for Tuesday, August 07, 2012 in the case Office of Disciplinary Counsel vs. Lewis.
Hiram Lewis, an attorney, was arrested on June 13, 2012 on malicious wounding and wanton endangerment charges.
A Clay County magistrate heard the case Tuesday and forwarded the charges.
Lewis, age 41, has not denied shooting Steve Bogart, age 53, last week at a house in Procious, but he says he was protecting himself.
Lewis took the stand in his own defense Tuesday.
Lewis was a candidate for state Attorney General in 2004 and 2008 and the U.S. Senate in 2006.
He remains in the Central Regional Jail.
His bail has been lowered to $70,000.
The next meeting of the Clay County grand jury is set for Tuesday, July 10, 2012.
Imprisonment Status: Pre-Trial Felon
||Lewis, Hiram Carson
||Central Regional Jail
Offender Court Order Information
|Court Info Number
||Issuing Agency Location
||CLAY COUNTY - Bail Amount: $70.000.00
Gilmer County Family Court Report – 06.13.12
Family Court Judge Larry Whited presided over Family Court on Wednesday, June 13, 2012 and heard several matters.
• Polly Ann Hensley (51) of Rosedale, WV from Anthony Hensley (43) of NC.
• Diana Lynn Holmes (42) of Sand Fork, WV divorced Joshua Glen Holmes (33) also of Sand Fork, WV.
• One divorce case involving Lori and Steven Carter was dismissed.
• Another divorce case involving Alyssa and Brent Waddell was continued until Wednesday, July 11t, 2012.
• Another divorce case was set between Robin Schimmel and James Schimmel
But both parties have lawyers so no paperwork was received.
Law Firm Files DePuy Pinnacle Lawsuit on Behalf of Gilmer County, WV Man
National Metal-on-Metal Hip Implant Law Firm Files DePuy Pinnacle Lawsuit on Behalf of Gilmer County, WV Man
Parker Waichman LLP, a national law firm dedicated to protecting the rights of victims injured by defective medical devices, has filed a lawsuit on behalf of a West Virginia man who suffered pain and elevated cobalt levels, allegedly due to his DePuy Pinnacle metal-on-metal hip implant, which was used in conjunction with a metal “Ultamet” liner. The suit was filed on June 6th in the U.S. District Court for the Northern District of Texas (Case No. 3:12-cv-01757-N) and named DePuy Orthopaedics and parent company Johnson & Johnson as Defendants.
According to the complaint, the Plaintiff, a resident of Gilmer County, West Virginia, received the DePuy Pinnacle hip implant around June 2010. Allegedly, the Plaintiff developed injuries and complications due to the defective implant, but was initially unaware of this causal relationship due to the Defendant’s inadequate warnings. The plaintiff discovered the link between his injuries and the implant in fall of 2010, the complaint states. The defective and faulty nature of the Pinnacle allegedly caused significant pain and elevated cobalt levels. The lawsuit alleges past, present and future physical and mental pain and suffering along with past, present and future medical, hospital, rehabilitative and pharmaceutical expenses, lost wages, and other related damages.
According to Parker Waichman LLP, the DePuy Pinnacle hip implant is meant to mimic the ball-and-socket mechanism of the hip joint in patients who suffer from osteoarthritis, rheumatoid arthritis, avascular necrosis (AVN), fracture and other degenerative conditions. It consists of a femoral stem attached to a metal head that rotates inside a titanium acetabular cup. The inside of the cup is lined with a plastic, ceramic or cobalt-chromium liner; the latter is branded as the “Ultamet.” When the Pinnacle is used with the Ultamet metal liner, it is known as a metal-on-metal hip implant.
According to the complaint, the DePuy Pinnacle and other metal-on-metal hip implants were able to circumvent adequate testing due to an approval process known as the 510(k). The 510(k) route allows devices onto the market without clinical evidence to prove its safety or efficacy, so long as manufacturers can argue that it is “substantially equivalent” to a previously approved device, referred to as a “predicate.” DePuy managed to gain clearance for Pinnacle to by citing a previous metal-on-metal hip implant as a predicate.
The lawsuit alleges that if the Defendants had properly tested the Pinnacle to begin with, then complications such as metallosis, biological toxicity and an early and high failure rate would have been apparent. The suit also claims that the cobalt and chromium ions that accumulate in patients can lead to metallosis, pseudotumors and other serious conditions. The lawsuit alleges that the Pinnacle has problems similar to the DePuy ASR hip implant, which was recalled in August 2010 after data from the National Joint Registry of England and Wales revealed a failure rate of 13 percent (1 in every 8 patients) in five years. According to the complaint, over 1,300 Pinnacle-linked adverse events have been reported to the U.S. Food and Drug Administration (FDA). [depuy.com/asr-hip-replacement-recall]
Since DePuy’s global recall, metal-on-metal hips have come under greater
scrutiny. In February, the British Medical Journal published an exposé that
criticized manufacturers and regulators for potentially exposing hundreds of
thousands of metal hip recipients to dangerous complications. The Lancet
followed next month, with a study demonstrating a failure rate of 6 percent in
five years among metal-on-metal hip patients. The authors concluded that the
devices should no longer be used. The suspected harmful effects associated with
metallic debris were strengthened last month, when the Journal of Arthroplasty
found that adverse local tissue reactions increased significantly with corrosion
at the head-taper junction.
The most recent study, published in the Journal of Bone and Joint Surgery, discovered pseudotumors in nearly 40 percent of metal-on-metal hip recipients. Metal particles were again linked to adverse effects in this study, as the incidence of pseudotumors increased fourfold when serum cobalt levels exceeded five micrograms per liter. [bjj.boneandjoint.org.uk/content/94-B/6/755.abstract]
The effects associated with metal-on-metal hips have certainly not gone
unnoticed by regulators. In late February, Europe’s Medicines and Healthcare
products Regulatory Agency (MHRA) issued updated guidelines for the devices,
advising doctors to perform blood ion tests, ultrasound, magnetic resonance
imaging (MRI) and Metal Artefact Reduction Sequence (MARS) as needed. Last May,
the FDA asked 21 manufacturers to study the effects of metal-on-metal implants
on patient health. On June 27 and 28, 2012 the agency’s Orthopaedic and Rehabilitation and Devices Panel will meet to discuss the pros and cons of all-metal hips. [http://www.fda.gov/MedicalDevices/ProductsandMedicalProcedures/ImplantsandProsthetics/MetalonMetalHipImplants/ucm241604.htm
Parker Waichman LLP continues to offer free legal consultations to victims of DePuy Pinnacle and other metal-on-metal hip implant injuries. If you or a loved one experienced premature failure of your implant or other health problems associated with a DePuy Pinnacle Hip Implant or other metal-on-metal hip implant, please contact their office by visiting the firm’s DePuy hip implant injury page at http://www.yourlawyer.com. Free case evaluations are also available by calling 1.800.LAW.INFO (1.800.529.4636).
For more information regarding defective hip implant lawsuits and Parker Waichman LLP, please visit: http://www.yourlawyer.com or call 1.800.LAW.INFO (1.800.529.4636).
Parker Waichman LLP
Gary Falkowitz, Managing Attorney
Gilmer County Circuit Court Report – 06.13.12
Chief Judge Jack Alsop appeared in Gilmer County at 1:00 PM on Wednesday, June 13, 2012 and heard 3 juvenile cases which were then reset for Monday, August 13, 2012 at 10:15, 10:30 and 10:45 AM.
Gilmer County Circuit Court Report - 06.01.12
On Thursday, May 31, 2012 Chief Judge Jack Alsop heard 6 cases in Gilmer County.
• Two juvenile matters were heard and set for further review on Monday, July 09, 2012 at 10:00 and 10:45 AM.
• State of West Virginia vs. Joshua Hoover
He was before the Court for pleas in 2 felony cases currently pending against him.
He was represented by David Karickhoff of Sutton and pled to count 3 of petit larceny in one case and to count 1 of forgery, count 4 of uttering and count 7 for conspiracy in a second case.
The prosecuting attorney agreed to dismiss all remaining counts against him in the 2 felony cases.
Sentencing is set for Monday, July 09, 2012 at 10:15 AM.
• State of West Virginia vs. Shane Posey
He was before the Court and was represented by Daniel Grindo of Gassaway, who argued several motions.
One motion was denied in part and dismissed in part, while yet another was taken under advisement by the Judge.
His trial is set for Tuesday, June 26, 2012.
• State of West Virginia vs. Jerry Duelley II
He was before the Court for final hearing on motion to revoke his home confinement.
He was also represented by Dan Grindo who informed the Court of a good job offer defendant has received.
Judge Alsop agreed to let him apply for and train for the job and upon confirmation that he is hired, he will be released and the remainder of his sentence suspended for time served.
• State of West Virginia vs. Thomas Bonnell Jr.
He pled to 2 counts of his indictment with the prosecutor agreeing to dismiss the remainder of the counts.
Bonnell was represented by Kevin Duffy of Clay, and upon defendant requesting that the presentence investigation be dispensed with and asking the Judge to sentence him immediately.
Judge Alsop sentenced him to 6 months in Central Regional Jail for possession of a controlled substance (more than 15 grams) and 1-3 years in the penitentiary upon his plea to 3rd offense driving suspended for prior DUI.
Said sentence will run consecutively with the Central Regional Jail sentence being served before he goes to the penitentiary and he was fined $5,000.00.
Judge Richard A. Facemire appeared in Gilmer County on Friday, June 01, 2012 in the morning.
• He heard 3 juvenile matters which were rescheduled for Monday, August 27, 2012 at 10:00, 10:00 and 10:10 AM.
Also on Friday, June 01, 2012 Chief Judge Alsop appeared in the afternoon and heard 5 criminal matters as follows:
• State of West Virginia vs. John Carder
He was before the Court and several motions were heard and denied.
One was taken under advisement.
Carder is represented by James Hawkins of Clarksburg.
• State of West Vieginia vs. Patrick Collins
He entered a plea of guilty to failure to register as a sex offender.
He was represented by Kevin Duffy of Clay and will be sentenced on Monday, July 09, 2012 at 11:00 AM.
• State of West Virginia vs. Timothy Furr
He saw his motions denied, including motion for reduction of bond, which still remains at $100,000.00 plus home confinement if he is released.
His trial is now set for Tuesday, June 26, 2012 and he is represented by Drannon Adkins of Sissonville.
• State of West Virginia vs. Gary Ferrell
He asked for a new court appointed counsel.
Garth Beck was relieved as counsel and Daniel Armstrong of Gassaway was appointed to further represent.
Ferrell and his trial was continued to the July term to allow the new attorney to prepare his case.
• State of West Virginia vs. Tonya Ramsey
She asked for a new court appointed counsel as well.
Kevin Duffy was relieved and Christina Flanigan of Buckhannon was appointed to further represent Ramsey whose case was also continued to the July term.
Gilmer County Circuit Court Report – 05.29.12
On Tuesday, May 29, 2012, Judge Richard A. Facemire presided over his regular monthly motion day in Gilmer County.
• One fugitive from justice waived extradition back to Connecticut and authorities there have until 4:00 PM on Wednesday, June 06, 2012 to pick up Sean Allicock from Central Regional Jail or he will be released from custody.
He was represented by Clinton Bischoff of Summersville.
• State of West Virginia vs. Shanna Johnson
She was before the Court for sentencing after being released from Anthony Center earlier this month after successfully completing the program there as her sentence in Braxton County.
Thus Judge Facemire sentenced her to 1-10 for uttering and 1-10 for forgery pleas she previously entered in Gilmer County.
He suspended both sentences and placed her on 5 years’ probation.
She was represented by Bischoff and must pay court costs within 18 months.
Several juveniles were heard and reset as follows:
• Monday, August 27, 2012 at 9:30 AM, 9:40 AM, 9:50 AM.
• Another for hearing on Tuesday, July 03, 2012 at 9:00 AM.
• Two other juveniles will be heard Monday, June 25, 2012 at 9:00 AM and 11:00 AM.
• Another will be heard Friday, June 01, 2012 at 9:00 AM and the last one will be dismissed in July.
• The civil matter Frame vs. Frame was cancelled prior to hearing because the Judge entered an order relating to the matter.
• Another civil case was completed after a default judgment order was entered by Judge Facemire.
Chief Judge Jack Alsop will appear in Gilmer County on Thursday, May 31, 2012 and again on Friday, June 01, 2012 in the afternoon.
Judge Facemire will return on Friday, June 01, 2012 in the morning for 3 juvenile matters.
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