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Gilmer County Courthouse Closed on Friday, January 21, 2011

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The Gilmer County Courthouse will be closed on Friday, January 21, 2011 due to Heating Problem (No Heat).

 

The Circuit Clerk’s Office will be open for court hearings and they will be held in the Magistrate Office located in the Annex building.

Jean Butcher
Clerk of Gilmer County Commission

CommunityConcerns™: The MISSING ONE SIXTH 2007 TITLE OPINION!

The Gilmer Free Press: We like to emphasize and state it clearly that the Gilmer Free Press platform is available to anyone that would like to prove this information wrong. The documents presented in this series are actual facts. None of the elected public officials involved want to comment on these documents! They only refer to the court decisions which did not include these documents to say the least. One official has referred to this case as a simple mistake! (Seems to be the SIMPLE EXCUSE for all wrong-doings recently.) We asked everyone to look at the process and wrong doings of public elected officials rather than parties involved. We ask our public elected officials to explain to Gilmer County tax payers why this has happened and how they are going to remedy these so called ‘Simple Mistakes’. Parties involved regardless of who they are have paid a big price for these ‘Simple Mistakes’. How many more are there? We cannot just move on with these clouds over our county. As always The Gilmer Free Press takes a neutral position, and presents the documents from all sides to you to decide. Simply Click on the Highlighted links to see.

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The MISSING ONE SIXTH 2007 TITLE OPINION!
Along with 2009-2010 TAX billing to original Owner!
All made public.

Who would have ever considered that at the beginning of 2011 Gilmer County would find itself under serious Criminal and Civil allegations resulting in accusations pointing in the direction of Beverly Marks ( former county clerk)  for wrongdoing involving Public Records fraud, Voter Fraud, Title Fraud, serious federal civil law action, and Election Fraud along with other accusations of wrongful policy!

Don’t forget unreasonable notice and false billing of taxes on a piece of property that was WANTED and missing and a matter of important evidence in a high profile Gilmer County Criminal Court Case that climbed as high as the United States Supreme Court in Washington DC!

The MYSTERY 1/6th to the “Travesty of Justice-Junk Farm Equipment” case that was in the WV court system for years is found and the original owner billed for back taxes.  Here is the proof!

Ticket number 1395913960, 13961  (these three tax ticket numbers represent the missing 1/6th! (Click on Tickets to View)

It was the same 1/6th piece of property missing from the majority opinion authored by Justice Davis, and the same missing one sixth recently found because the original owners were billed for back taxes just last October, 2010 and billed five long years after the property was legally sold by court order to Cecil Leon Ramsey of Glenville, WV!

PROOF of WRONGDOING in GILMER COUNTY is HEREBY PRESENTED BY EVIDENCE of TITLE OPINION!


You cannot make these up if you try! This title opinion brought to us by a contributor to the Gilmer Free Press proves that ownership belongs to Cecil Leon Ramsey and he IS the title holder and should not be responsible to pay back taxes on the missing 1/6th hidden by The Gilmer County Prosecutor and The Previous Gilmer County Clerk!!


This same property, as represented by Title opinion was sold on the court house steps November 18, 2010 as mentioned in the article entitled: ‘Title Fraud and Premeditated Criminal Actions in Gilmer County’.  This title opinion also represents 1/6th F in A-F explanation of division of property mentioned in the felony court case.


HOW MUCH MONEY HAS GILMER COUNTY MADE ILLEGALLY?


Why is no one arrested and why are public officials not held accountable for theft and wrong doings??


Please follow the link and read the Title Fraud article so that you will understand this latest addition to the Title Fraud evidence, as the Gilmer County Concerned Citizens reveal another crime has been committed by the office of the Gilmer County Clerk. When you finish reading that article, please read this one: ‘WV STATE POLICE PROTECT GILMER COUNTY PROSECUTOR - QUOTE ONLY CODE IN WV WITH STATUTE OF LIMITATIONS’.


Also, feel free to review the latest article and please listen to the tape. If you cannot access the audio file please e-mail a request and we can e-mail it to you to listen to. Please review this recent presentation with pictures and audio at: ‘SECRET AUDIO a Proof of Criminal Conspiracy in Gilmer County, WV’s Legal System’.


During trial, Ms. Marilyn Matheny, a partner of Lemon’s Farm Equipment, valued the equipment to be approximately $1,200. On December 14, 2005, the jury found the appellant guilty of petit larceny in violation of W.Va. Code § 61-3-13(b), the lesser- included offense of grand larceny, a violation of W.Va. Code § 61-3-13(a).1 The circuit court then sentenced the appellant to one year in the state penitentiary.

Notice how Justice Davis says that the defendant that was convicted of a misdemeanor for the RUSTED FARM EQUIPMENT was sent to prison and served the exact same time as Everette Campbell did for murder! One Year!

If you read that article and listen to the tape you will find that by the time the farm equipment case made it to the WV Supreme Court Justice Davis had come up with a figure never before on the court record. The rusted junk with a worth of less than 400 now had climbed in value to $1,200 thanks to an evil and dishonest Supreme Court Justice.

The matter would be officially decided at a felony level even if it was for a crime that never actually happened, but that is how they do it in Gilmer County., and that is how they do it in Charleston at the West Virginia Supreme Court.

And further, this missing one sixth proved by Title opinion to exist and be in the ownership of Cecil Leon Ramsey happened during the same month the majority opinion was being authored at the Supreme Court by Justice Davis, making her account of the distribution of property in error in the highest court in the state. This is what Justice Davis said:

The appellants mother owns two-sixths of the property through one-sixth heirship and a purchase of one-sixth of the property from Mr. Tommy Ross Gainer, the grandson of Ramona Bingman’s aunt, Dora Gainer. The appellant’s uncle, Roger Rafferty, owns three-sixths of the property, acquiring two-sixths by heirship and purchasing one-sixth from his cousin, Richard Woofter.

On his property near his home, Roger Rafferty owned and kept various items of farming equipment including a five-foot-tiller, a four-foot brush hog, a potato plow, a four-row-cultivator, and a boom pole.

As you can hear by evidence of the SECRET AUDIO the Farm Equipment was rusted used junk purchased in 1980 and the tape was made in September of 2004 -24 years later!

Can anyone explain how Gilmer County can get a lie like that of those in the Gilmer County Court saying old used , rusted equipment was worth new retail prices all the way past the WV Supreme Court?!

If you add up Chief Justice Davis’ account in her majority opinion you can see that she made the opinion without consideration of who paid the taxes on the one sixth that was missing and then mentioned each piece of equipment we all heard given a value of much less than what Chief Justice Davis told the court and the other justices. It was never the home of Roger Rafferty. The home was equally owned. Gerald B Hough had the title pulled to cover his lie to the circuit court and then the matter was never explained in Supreme Court. The defendant spent two years complaining to counsel about non truthful facts being brought forward to Supreme Court.

These documents are proof the complaints were true and honest. Also countless complaints were made in writing that Davis specifically mentioned facts that were never part of the circuit court record by making the majority decision based upon the false fact that the defendant removed farm equipment from property not owned by his family, which was never mentioned in the court record, and not true or mentioned in previous court appearances. Clearly the defendant never moved or ever even touched the equipment and that was a matter of record. Davis lied.

Please regard these documents as proof that a crime has been committed by Previous Gilmer County Clerk for pulling the title to the missing one sixth to hide the ownership involving the Travesty of Justice case. By pulling the title to the missing 1/6th this act covered for a lie told to a Felony Jury by the Gilmer County Prosecutor and prevented the WV Supreme Court from recognizing equal ownership in a close 3 to 2 decision.

The appellant’s mother, Ramona Bingman, owns two-sixths of the property through one-sixth heirship and a purchase of one-sixth of the property from Mr. Tommy Ross Gainer, the grandson of Ramona Bingman’s aunt, Dora Gainer. The appellant’s uncle, Roger Rafferty, owns three-sixths of the property, acquiring two-sixths by heirship and purchasing one-sixth from his cousin, Richard Woofter.

On his property near his home, Roger Rafferty owned and kept various items of farming equipment including a five-foot-tiller, a four-foot brush hog, a potato plow, a four-row-cultivator, and a boom pole.


~~  By The Gilmer County Concerned Citizens ~~

GFP - 01.20.2011
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WV Supreme Court Order 2011 Election for Governor

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West Virginia must hold a special election to choose a governor who will take office by November 15, 2011 or within one year of when state Senate President Earl Ray Tomblin began acting as chief executive, the state Supreme Court ruled this week in a unanimous decision.

The justices rejected Tomblin’s stance that the West Virginia Constitution and state law did not set the next vote for the governor’s office until 2012. They instead sided with West Virginia Citizen Action Group and lawyer Thornton Cooper, who challenged Tomblin’s conclusion.

Tomblin, a Democrat, said Tuesday that he would heed the ruling. But also said he’ll propose legislation setting a special primary as well.

The decision cites state law that provides for party conventions to decide special election nominees.

“This election should truly be a people’s election,“ he said.

In ordering Tomblin to proclaim an election and fix its date, the opinion cites a timetable proposed in the case by Secretary of State Natalie Tennant. West Virginia’s chief elections officer, Tennant advised setting the vote 195 days after a proclamation.

“The setting of the date of such new election must ensure that the vacancy in the office of governor be properly filled within one year of the date when the vacancy occurred,“ the ruling written by Justice Brent Benjamin said.

That finding reflects language in the constitution upon which Tuesday’s ruling relies: “whenever a vacancy shall occur in the office of governor before the first three years of the term shall have expired, a new election for governor shall take place to fill the vacancy.

Then-Governor Joe Manchin had more than two years left in his term when he joined the U.S. Senate in November. Manchin had won a special election prompted by the death last year of Senator Robert C. Byrd.

The constitution also calls on the Senate president — in this case, Tomblin — to act as governor upon such a vacancy. But state law on the subject led Tomblin to contend that a “new” election meant the next general election, which isn’t until next year. The office is already on the ballot then, for a full four-year term.

The Supreme Court instead ruled that a new statewide election “shall be held as soon as practicable.“

“We believe that the framers of the Constitution, by specifically requiring an election when a vacancy occurs in the first three years of a gubernatorial term but not requiring an election if the vacancy occurs in the final year of the term, clearly intended that a person not elected to the post may act as governor for a period of no more than one year,“ Benjamin wrote.

“I’m very happy with the decision by the court,“ Cooper said Tuesday. “The constitution of West Virginia has been vindicated.“

WV-CAG Executive Director Gary Zuckett agreed. “The citizens of the state deserve the right to vote for their governor sooner rather than later,“ he said in a statement.

Citizen Action and Cooper filed separate petitions, which the court combined. During arguments in the case last week, the justices noted the amount of time left in Manchin’s term. But they also questioned how they could rule without violating the constitutional provision meant to keep the branches of government independent and equal.

While citing the state law setting a convention, instead of a primary, for special election candidates, the decision suggests the Legislature could amend that provision. The 60-day regular session began last week.

“Having found the procedure constitutional, it would be improper of this Court to second-guess the wisdom of this procedure, or to otherwise ‘legislate’ a procedure more to our liking,“ the ruling said.

But the justices also warned that any legislation must adhere to the ruling’s central finding.

“Any new procedure may not conflict with the Constitution which requires that all acts necessary to elect a governor shall be completed within one year of the vacancy in the office,“ the decision said.

Tennant on Tuesday estimated that special primary and special elections would each cost between $3 million and $4 million. If the state sticks with nominating conventions, the parties with ballot access would bear their respective costs.

Those groups — the Republican, Democratic and Mountain parties — would each hold county-level conventions to choose delegates who then would pick a candidate at the statewide meeting, Tennant said.

A growing field of potential candidates for governor had emerged well before Tuesday’s ruling.

Former Secretary of State Betty Ireland, state Senator Clark Barnes and state GOP Chairman Mike Stuart are among the Republican names in play. The Democrats discussed include Tomblin, Tennant, House Speaker Rick Thompson, state Treasurer John Perdue and state Sens. Brooks McCabe and Jeff Kessler.

Preston Circuit Judge Lawrance Miller heard the case in place of Justice Robin Davis. She recused herself because she plans to be a candidate “in some capacity” on the 2012 ballot.

While Thompson and Tennant were also targeted in the consolidated case, the ruling concludes that “the applicable law does not compel action on their part in this matter.“ Thompson had agreed with the call for a 2011 vote, while Tennant did not take sides in the dispute.

The challenge itself invoked the separation of powers, given Tomblin’s dual presence in both the legislative and executive branches while he acts as governor.

Tomblin has pledged to set aside his legislative duties during this time. But senators have elected Kessler acting president in his absence. The necessary Senate rule change touched off a lengthy debate, and talk of a legal challenge, during that chamber’s opening floor session.

A footnote in the decision says that “the senate president remains the senate president” while acting as governor. Senator Evan Jenkins, D-Cabell and a leading foe of the acting president rule, called on Tomblin in the ruling’s wake “to re-engage in the job of organizing and operating the senate.“

While not surprised by the decision, Kessler said he does not believe it prevents the Senate from choosing someone to fill in while Tomblin acts as governor.

“He is, in fact, still the Senate president,“ said Kessler, D-Marshall. “I see nothing in the opinion or that little footnote that addresses what we did.“

Tomblin agreed. “I don’t think this impacts that,“ he said. “The Senate has spoken.“

~~  AP ~~

PUBLIC NOTICE: BOARD OF REVIEW AND EQUALIZATION – 01.17.11

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Pursuant to Chapter II, Article 3, Section 24, of the Code of the State of West Virginia, as amended, upon motion duly made and carried, the County Commission will meet for the purpose of reviewing and equalizing the assessments made by the Assessor of the County of Gilmer for the year 2011, beginning on the 27th day of January 2011 at 9:00 AM, and continuing in session by appointment, extended through the 22nd day of February 2011(Saturdays and Sunday excepted).

The Commission shall proceed to examine and review the property books and shall add on the books the names of persons, the value of personal property and the description and value of real estate liable to assessment, if any was omitted by the Assessor. They shall correct all errors in the names of persons, in the description and valuation of property, and cause to be done whatever else may be necessary to make the valuation comply with the provision of the Chapter.  But in no case shall any question of classification or taxability be considered or reviewed.

If any person fails to apply for relief at this meeting, he shall have waived his right to ask for correction of his assessment list for the current year and shall not thereafter be permitted to question the correctness of his list as finally fixed by the County Commission, except on appeal to the Circuit Court.

All persons who desire to appear before the Board to discuss current 2011 property assessments are invited to do so. To make an appointment call 304.462.7641.

GILMER COUNTY COMMISSION
JEAN BUTCHER, CLERK

SECRET AUDIO a Proof of Criminal Conspiracy in Gilmer County, WV’s Legal System

This SECRET AUDIO was suppressed and counsel for the defendant says this secret Audio Recording proves beyond any reasonable doubt what-so-ever; there should have been no case brought forward by proving true value from the actual appraiser from Lemon Farm Equipment in Parkersburg John Lemon.

John Lemon on this Audio Recording tells the truth and appraises value at $390 which was true and correct and if this evidence had been used, then there would have been no case.

Any amount less than one thousand dollars would have killed this case, making it a time barred matter since it was brought more than three years after the supposed offense.

Attorney F John Oshoway may still be looking at a federal criminal complaint in this regard, because the consulting attorneys, some of them big names from California said:

“This Audio Recording is the smoking gun to prove it was all a set up all along to enable a situation to pilfer the Woofter Estate, while committing title theft and to get the son out of the way by setting him up on three false felony charges!”“This Audio Recording proves that the matter was basically just a bad faith prosecution by the vehicle of a fraudulent appraisal!”

“Pretty typical of many cases we have heard about which are south of the Mason Dixon line.”

“You can expect these people have done this type of thing before and knew how to do it, but it took the cooperation of defense counsel, the judge, but especially the prosecutor who knew all along he was arresting an innocent man!”


The Feds accepted the complaint involving this Audio Recording and it could mean a federal prosecution for Hough, but we want the state to do their job and quit letting the federal government clean up their mess.


To explain this Audio Recording further:

William C Martin counsel for the defense called John Lemon who is the man on the Audio Recording and set this interview up exactly 15 months before the actual trial date. Further, the immediate result of making the Audio Recording and showing it to Lemon Farm Equipment resulted in getting the case dropped the first time.

But, then Martin had duties as a prosecutor in Braxton County and could no longer represent his client as defense counsel.

Gerald B Hough re-filed and added an extra FELONY charge while making this revealing evidence disappear with the help of F John Oshoway.

Oshoway was asked 11 times why he suppressed evidence and only replied with a blank stare.

Supreme Court Justices Justice Joseph Albright and Justice Larry Starcher stated that Oshoway was guilty of ineffective assistance of counsel and a civil action should be filed against him for his misconduct by not defending his client at trial and is documented at the WV Supreme Court and stated in the dissenting opinion authored by Albright and endorsed by Justice Starcher.

But it is obvious what F John did was criminal and intentional.

To explain the Audio Recording further:

The interviewing person knew what to do and exactly how to get the information in this interview set up by Bill Martin’s office and Bill had spoken with John Lemon who knew they were coming to get evidence about a court case.

Marilyn Matheny the state witness for the Gilmer County Prosecutor is the woman heard on the Audio Recording and this is evidence of her first infraction and violation of the law and CONSPIRACY charges may be brought against her and the Gilmer County Prosecutor for this very fact proven today by broadcasting this evidence for all to hear.

When this Audio Recording was made 15 months before trial, nobody knew that Matheny was a state witness or knew she existed, but she figured out that the man from Martins office was there to catch her in her lie of saying old used rusted farm equipment was worth $2,498.00 which she testified to in front of a grand jury to get the man arrested and held on $250,000.00 bail.

She immediately tried to interfere with the interview and may now be guilty of charges for her conspiracy with the Gilmer County Prosecutor to CREATE a CRIME – a very serious infraction.

The SAD NEWS is HOUGH and MATHENY got away with it, just like the Previous Gilmer County Clerk, Beverly Marks got away with making up her own rules and ignoring a court order and pulling a title so the money could go to her friends and not the rightful owner.


Matheny jumps with, “This is what it is worth now after they have stolen it ….”

Truthfully the equipment was never stolen, or moved, or sold or even touched by the defendant, so can you see what Matheny is doing?

Matheny gets angry because every single price that was appraised by JOHN LEMON had a value which was HUNDREDS less for each item Matheny gave false value for to the court and the truth was revealed, right then and there, that very day 15 months before the actual trial.

This recording proves a Conspiracy with Hough and Matheny calls Hough at the end of the Audio Recording saying, “She was just trying to do a favor for a friend (lie for Hough) and now she has some guy in here….” but however, she had no idea an Audio Recording would prove her guilty years later!

She tries to convince the appraiser John Lemon who had that job there for almost 30 years and gave the actual prices, not the FALSE VALUE told to the court by Hough and Matheny that it could not be the same equipment to cover her crime of perjury.

And then John says, “Marilyn Marilyn Marilyn,”!”  And then shows the proof that it is the same equipment. And then, she says, “You looky here, you looky here!”

And at the point in the Audio Recording Matheny attempts a pathetic argument that was laughable because she knew she was caught!

Matheny is the type that is so dishonest that she will make up an outrageous lie and then tell you she is praying for you and will make a statement like this: (actual statement)

“I will be praying for you though and I hope you will find peace in your
life. I do pray God will bless your life in many ways.”

Nice! A person that becomes involved in a conspiracy to ruin someone’s life, but of course she is praying for you just like Gerald B Hough.

This Audio Recording proves a criminal conspiracy between Hough and Matheny that included the judge and an attorney from Calhoun County.

This is how public officials commit crimes in Gilmer County so listen for yourself!

After you hear the audio for yourself please join us in asking for the immediate arrest of Gerald B Hough and Marilyn Matheny for various criminal charges.

When she says, “That’s not what it looked like before it was stolen,” sort of gives away how these crazy people get away with their criminal activity.

First of all the equipment was never stolen and had sat outside for 24 years exposed to the elements. That equipment looked like that for years, and was rusted junk that Matheny said had the same value as brand new equipment and testified to that fact in court (testi-lied) and then Chief Sheriff Deputy Larry Gerwig testified (testi-lied) to the same retail price level in the Court of Magistrate Bob Minigh, before the matter was bound over to Circuit Court where it spent two years with three felony charges filed.

Hundreds of thousands of dollars of your tax money was wasted on this lie proved by this very Audio Recording on the 14th day of the year 2011.

The Gilmer County Commission has backed Hough and the bad decision and is equally guilty for allowing this terrible deed brought by the Prosecuting Attorney for Gilmer County. In fact, Hough got a raise!

The WV State Police stood by and waved goodbye, while the defendant went right up the river to pay the same price as Everette Campbell did for murder and spent the exact same number of days in jail as a cold blooded killer did.

To make matters worse the Gilmer County Sheriff shut down a legal timber operation and then took the four loads of timber on the ground and never reimbursed the defendant.

Again the Gilmer County Commission endorsed this act!


The name given for WHO exactly stole the timber from the defendant will shock you and will be revealed later, but it is a high ranking public official from Glenville WV.

Matheny’s testimony that day said the equipment was valued at two thousand 4 hundred and 98 dollars while John Lemon says 100+ 200+ 50 +20+20 for all five pieces.

Justice Davis said it was all worth 1200 a figure she just made up!

Matheny kept trying to convince John Lemon that this was different equipment which was so ridiculous that she had everyone laughing in her face which just made her angrier.

Her accusations were so over the top and so unbelievable, that you would not think Judge Facemire would have allowed the testimony, but he did!

Judge Facemire acted as a prosecutor instead of a judge also convincing a jury that a terrible crime had been committed by a despicable man, and then had the matter erased from the court record (but was caught by Audio Recording-story later).

The Gilmer County official has committed a terrible crime and should be held accountable.

You can clearly see, that by the virtue of the lost title and bringing forth a liar like Matheny the total loss to the defendant was $600,000 + two farms + lost radio show + one year jail time + lost wages for six years.

To make matters worse the Gilmer County Probation Officer informed the court that the defendant had two children out of wedlock with an underage local Gilmer County youth in front of his significant other who walked out of the courtroom never to return. It was all a lie!

 

Please Click to Listen to This Audio Recording and Decide for Yourself!


~~  By Edison - Gilmer County Concerned Citizens’ President ~~

Title Fraud and Premeditated Criminal Actions in Gilmer County

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The missing 1/6th of disputed property in the infamous Travesty of Justice Case mysteriously showed up years after it was needed in West Virginia Supreme Court in 2006 and 2007. The missing 1/6th was also MISSING and could not be used to the defendant’s advantage while fighting the case in United States Supreme Court in Washington, D.C.

The Circuit Court in Gilmer County NEVER got the ownership of the property correct and misled the jury leading them to believe a fact that was false, but accepted as fact as told to the jury knowingly by the Prosecution for Gilmer County.

The counsel for the defense that represented the defendant in US Supreme Court explained the TITLE FRAUD committed by Gilmer County Clerk and Gilmer County Prosecutor in detail to the Gilmer County Concerned Citizens President yesterday by phone, and will be getting into detail in a face to face meeting at 6:00 PM again Wednesday January 12, 2011.

A crime of fiduciary concerns becomes a criminal matter when you trust that a Title or deed will be placed in a place where it will not be lost and that no reasonable harm will come to yourself or other persons affected by wrongdoing.

In other words, a reasonable amount of trust is given to the County Clerk to see that deeds are not lost and lives are not ruined by actions of a Public Official. The previous Gilmer County Clerk ignored those concerns and followed the instructions of the Gilmer County Prosecutor and one other attorney that has full rein of the Gilmer County Clerk’s office which conflicts with the fiduciary responsibility of the Gilmer County Clerk, according to a courthouse witness.

Unfortunately, the person responsible for titles, pulled the missing 1/6th from the land books and there was clear intent of wrongdoing, since this missing 1/6th was such an important matter in a court case that the 1/6th would have proved equal ownership in property which was NOT presented to the jury and confused them.

However, by hiding the title the legal matter reflected a much closer version of what the Gilmer County Prosecutor told the jury, which was that the defendants family owned 1/6th of 155 acres, when truthfully, years later, it has been confirmed that they indeed owned 3/6, but the truthful matter was never brought forward in Circuit Court or in ALL of the highest courts in the land and in Gilmer County.

The hiding of the missing 1/6th Title is a very serious infraction, because of the importance of the evidence needed, the criminal infraction by the Gilmer County Clerk’s office is equal to bank robbery or kidnapping and should carry a severe penalty!

It is said that fiduciary duties are not to be in a situation where personal interests come into play and in this instance public trust was breached in a seriously criminal way.  Supreme Court counsel for defense said, the Previous Gilmer County Clerk should do at least ten years if found guilty in a court of law, along with her associate The Gilmer County Prosecutor!

The property disappeared off of the land books and it will be proved to be an error on the part of the Transfer Clerk who is the current Gilmer County Clerk. However, it was the Previous Gilmer County Clerk who was responsible for those duties during the time the missing 1/6th was absent from court testimony!

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.  Investigators are convinced that the Gilmer County Prosecutor did this ill-fated act intentionally, by convincing the Previous Gilmer County Clerk it was her duty to lose the title.

Jury members are going to be sought for questioning in this case as there has been whispered reference to jury tampering from inside the Gilmer County Courthouse also.

And interviews will be needed to prove the jury was influenced by the criminal action of the Gilmer County Prosecutor and the Clerk.

The title would have followed through to the Gilmer County Assessor’s office who produces those land books, once it mysteriously turned up again. In this instance at some point the missing 1/6th was discovered and put back on the land books, and that was October 13, 2010 and the computer generated the time as 10:33 AM.

We want to make it perfectly clear that in no way shape or form the County Assessor is being blamed for any wrongdoing. Actually, given all the facts, we believe the Gilmer County Assessor is convinced that there has been severe wrongdoing by the Previous Gilmer County Clerk or someone in the Clerk’s office, but so far has not made an official statement to that effect.

If a person went through the Land Books in the back of the Clerk’s office, they could determine when the missing 1/6th was being assessed for taxes and when it disappeared from the record and when it reappeared. It takes a while and some effort, but it is public record and we expect that someone will try to cover their tracks!

When the missing 1/6th went back on the Land Books the Assessor would have back taxed it.

THAT IS EXACTLY WHAT HAPPENED!  The missing 1/6th was hidden and then was JUST sold for back taxes NOVEMBER 18, 2010 on the courthouse steps when it was needed to prove ownership all those years in court!

By the virtue of the position of County Assessor you would think that something was not right in any similar situation as this!

The defendant’s family discovered this criminal matter on October 28, 2010 and immediately contacted the WV State Police and this matter was then brought to the attention of Mr. Garten at the Judicial Investigation Commission. His statement directly conflicts the statement of the WV State Police in regard to the fact that even though the Gilmer County Prosecutor committed a crime, that he was protected by the statute of limitation by state code as described in our last article on this Travesty of Justice matter.

Justice Davis informed the court that the defendant’s family only owned 2/6th which was incorrect. She also informed the justices that the farm equipment valued was valued at $1,200 but the court record said $1,100 and it will be proved by the secret tape to be presented by the Gilmer County Concerned Citizens (to be listened to statewide as soon as it is processed to have a value of much less than $1,100 which was an absurd lie.

The real value of the equipment according to the appraiser at Lemon Equipment is only $390 which would have killed the case before it ever started, because it would have been already time barred in September of 2004, but the Gilmer County Prosecutor brought forth false value via a fraudulent appraisal and brought forward a bad faith prosecution with ill intent!


Justice Davis also said in the majority opinion that the farm equipment property sat on property not owned by the defendants family, which was an utter lie and not in the court record!

The court record reflected the property was located where it was located via the photos shown above, so therein lies the proof three years before the opinion of Justice Davis.

Justice Davis also told the court it was the defendant that moved the property, when it was actually Gerald Ball and Danny Marks, but the Gilmer County Prosecutor told the court it was Dean Marks and Danny Marks.

Supreme Court Justice Davis committed blatant misconduct and should be held accountable.

Justice Benjamin changed his vote at the last minute after hearing the final argument using the Boyd Rule which disallowed the defendant the use of the same code that cleared the Gilmer County Prosecutor last week and the final outcome was a vote of 3 to 2.

To make the matter perfectly clear as it would be confusing to any reasonable person given all the press this case has gotten…


Here is the actual break down of ownership.

A   Roger Rafferty 1/6
B   Roger Rafferty 1/6
C   Roger Rafferty 1/6
D   Ramona Bingman 1/6
E   Ramona Bingman 1/6
F   Ramona Bingman/Ruth Woofter/Bingman paid taxes 1/6

In the recent criminal complaint against the Gilmer County Prosecutor involving the property Roanna Rafferty claimed she owned 1/6 but she did not own any property but told the jury she owned this piece:

A   Roger Rafferty 1/6

That was a complete lie, as she owned NO PROPERTY as the facts revealed years later. Roanna is Ramona’s sister Roanna Arbuckle Rafferty and she changed her name back after getting divorced.

The missing one sixth is the piece of property marked:

F   Ramona Bingman/Ruth Woofter/Bingman paid taxes 1/6

Property with the letter F the missing one sixth - which was under court order to be sold, but the Privious Gilmer County Clerk blocked the sale -Woofter died just 11 days after the trial from a long illness and the stress of a long battle in the Gilmer County Circuit Court.

One attorney recently stated that the lawyer for the Woofter estate, had the Previous Gilmer County Clerk hide the title so that he could manipulate the TITLE when the owner could not pay the back taxes for the title being hidden.

This is how the crime is committed!


When the titles are hidden no property taxes are asked for, because at that point the title to property is off the books but the lawyer that keeps the indices illegal has a copy to keep track. This procedure is highly illegal!

This fact alone is a crime!

Then, out of nowhere as if just discovered an owner who may own many other properties becomes confused as to why they all of the sudden owe $2,000 in back taxes and $2,000 in fines to redeem the property when they are certain they paid them on time.

Then a very rich local person, who is the #1 buyer of Tax liens in Gilmer County, will buy the tax lien in lots of 10k or 25k or more, and will send you a letter saying he will pay the $4,000 that you owe in back taxes, create a new title in his name, and you will not be liable for the $4,000 and he will give you another $1,500 to sign the property over, therefore a rich man gets a $40,000 piece of property free and clear for $5,500.


The County makes $4,000 illegally and a Rich man becomes richer!


This time they got caught!


Here is what happened when Ramona Bingman went to pay her taxes in 2001- two of the titles to her property had already been hidden by the Gilmer County Clerk’s office and no longer existed.  Bingman was given CASH by her son to pay the taxes.

Michelle Dawn Rose who was the county employee in the Sheriff’s office could not find the title in the computer because it did not exist at the time.

So she was able to pocket the money, from a tax slip that no longer existed in the system, but that Bingman had been billed for in previous years.

Michelle Dawn Rose did face no consequence and the Gilmer County Prosecutor brow beat Ramona Bingman on the stand screaming how any normal decent person could forget to pay their taxes when in fact she paid them within a week of receiving notice for years and years and that is documented.


According to records, the Missing 1/6th was sold to Dorward Energy, and part was sold to Garnet Corp on November 18, 2010 on the Gilmer County Courthouse steps.

A very nice piece of oil rich property Sold with a Dirty Deed Done Dirt Cheap was SOLD the same day the Gilmer Free Press informed the public of PUBLIC RECORDS FRAUD and ELECTION FRAUD!


However, the property was already sold to Cecil Leon Ramsey ll in 2005 and the matter was documented by an attorney!

Bingman was in control of that 1/6 for a good part of her life, but the title was hidden once and hidden again after the court order to sell property came from a judge giving Bingman permission to sell it as the LEGAL Guardian for Ruth Woofter in 2005.


The previous Gilmer County Clerk was going to make sure that the sale was not recorded, because her associates did not make any money on it, and they had already targeted that particular piece of property to steal it via the method of TITLE FRAUD as far back as the year 2000 because it had an out of state Owner that was elderly and would not live long and they could just take it by hiding the property from the LAND BOOKS so that the title didn’t exist.

And then, put it back in, which would immediately get a bill from the Gilmer County ASSESSOR’S OFFICE sent to the property owner with thousands of back taxes that could NOT be paid!

A wealthy local Glenville man who makes his living buying most of tax liens in Gilmer County could then pay the back taxes plus $1,500 and get a prime piece of property for almost nothing, and we recently were shown the paper trail and evidence that proved the criminal scheme of the previous Gilmer County Clerk and two local attorneys.

An investigator into the matter that is also a title attorney explained how it was done, and then ask to gather the evidence and send it to the real owner for use in civil action against Gilmer County, but certainly the situation is both civil and criminal!


The title attorney suspects that the GILMER COUNTY CLERK’S OFFICE has committed this crime many times on previous occasions and that he also suspects the criminals that buy the property are part of the TITLE FRAUD SCHEME and further, pay cash to County Clerk or another employee to carry out the crime.


The real ownership goes to Cecil Leon Ramsey ll and it all has to do with the Previous Gilmer County Clerk refusing the court order to sell the property and not recognizing the sale to Ramsey.


Ruth Woofter was one of the last heirs of a war hero from the Spanish American War (her father a local veterinarian) and Ruth was the sister to a WWII war hero Albert J Woofter, a writer and a reporter for a Parkersburg News service for decades, and even worked at the local paper in Glenville after the war. How could the county steal from someone like that?

A transfer of title substantiates the missing 1/6th was court ordered from a judge and processed through the courts and the sale and the documents of the land exchange was authored by an attorney by the name of Hernstein and it was all legal, but, in Gilmer County, as a public official it is very apparent that you can break the law blatantly and then receive the support of the local judges, attorneys and the police.


The Previous Gilmer County Clerks broke the law when she ignored the court order!


Her fiduciary duties were ignored and that should get her an immediate jail sentence, but not in Gilmer County where complaints were made as far back as 2006 and now that the criminal act is an issue; the history of the WV State Police will be to pull out the Statute of Limitations card, or say the matter is a civil matter when it is not.

The now retired Gilmer County Clerk committed a very blatant criminal act and it was a violation of her public duties and the Local Law Office were the Lawyers (Brothers)  that were mentioned as her influence for her actions, along with the Gilmer County Prosecutor who desperately needed for the title to disappear to cover his lies to the Gilmer County Circuit Court and also to the WV Supreme Court and the United States Supreme Court and Gilmer County Prosecutor got away with his criminal acts and has not been held accountable for such a blatant crime?

Why are public officials in Glenville and Gilmer County allowed to break the law? Was it is because of a former WV Governor’s policy concerning Glenville, and Gilmer County that as long as they support him they have free rein to break any law they want?

Why two local lawyers mentioned above have been allowed to access the documents in Clerk’s Office after hours when the Courthouse is closed? Is this how the deed books get changed?

Many say it is so and thus giving Gilmer County authorities a ticket to go ahead and break the law with no consequence, and in so doing force the common people to suffer and go to jail and have their lives ruined needlessly. Thanks to our previous Governor!  Will he use his power as a US Senator from West Virginia to continue this type of totalitarian national socialist behavior?

In this instance the crime of TITLE FRAUD is not a civil matter at all!


GET A CLUE! IT IS A CRIME!!


But, as soon as the local detachment of the WV State Police heard this latest criminal allegation, their initial reaction was to have the attorneys get the ugly matter into the civil courts when the situation is most assuredly criminal!

You can NOT hide titles so that they will disappear and even the highest courts in the land will confirm the deed and property as non-existent as was done in this instance.

When you knowingly hide a title that has been asked for in a HIGH PROFILE Supreme Court Case and it happens to be a situation where it has to be hidden to cover the lie of the Local Prosecutor, then that is certainly a crime considering the harm it caused.

If the Previous Gilmer County Clerk would have followed the letter of the law, then title would have never been hidden and Ruth Woofter would have gotten her medical care and possibly lived, but unfortunately died shortly after the Clerk blocked the court ordered sale!

The Previous Gilmer County Clerk stated to Cecil Leon Ramsey ll :
that although, he already paid close to $38,000 for the property in a court ordered completely legal land transfer, that it was the prerogative of the Clerk to block the sale and change the beneficiaries of the property which then changed to an heir ship situation in which relatives that had not as much as sent Ruth Woofter a Christmas card for over 30 years received the money from the sale and not the legal guardian that paid taxes on the property for over 20 years.


The Gilmer County Concerned Citizens took it upon themselves to pay for the expert advice from professionals that finally figured out how the Gilmer County Public officials steal property from law abiding citizens.


Currently, it is possible Ramsey could lose the title to property he honestly bought, and the entire Transfer was recorded and authorized by a judge and a lawyer, BUT the transfer WAS NOT done by Gilmer County people that could make some money off the situation, so, the Previous Gilmer County Clerk just shelved the title which just happened to be needed in every court in the high land, but the Old Clerk she has got it like that, because public officials are sanctioned by the governor and the WV State Police to LIE CHEAT, STEAL and generally break any law they want to, just ask Fred Hill!

Our biggest problem at the moment is a result of the political policy of the high ranking members of the WV State Police and the legal staff of Colonel Pack.


What is the answer to end the NIGHTMARE of GILMER COUNTY?

We say we send Col Pack, packing!!

We don’t need a superintendent of WV State Police that ignores crimes and gets a bunch of suited up city slicker fancy white collar lawyers to kick dirt over an obvious criminal infraction!

If the WV STATE POLICE attempt to cover up this crime that involves Title Fraud, then as concerned citizens we need to take action and form our own movement that is much more sophisticated than the Tea Party movement! Keep in mind, you can be the next victim.

We need take back our rights as AMERICANS and our rights as West Virginians

Gilmer Countians and get busy removing every politician that condones this sort of activity the heck out of our state!

WE WANT THE AMERICAN DREAM!

NOT THE GILMER COUNTY NIGHTMARE!

We are asking that the WV State Police please do the job they have been contracted to do and make arrests and hold people accountable.

The next article will include the SECRET TAPE and it will be published and will prove to all that hear it, that this case involving the missing 1/6th should never have been brought forward!

STAY TUNED to the GILMER FREE PRESS for the REST OF THE STORY!!

~~  By Edison - Gilmer County Concerned Citizens’ President ~~

*  Previous Gilmer County Clerk = Beverly Marks
* Gilmer County Prosecutor = Gerald B. Hough
* Gilmer County Assessor = Gary Wolfe
* Lawyer for the Woofter Estate = Timothy B. Butcher
* A Wealthy Local Glenville Man = He is NOT I.L.M.
* Two Local Lawyers = Butcher & Butcher

Gilmer County Circuit Court Report – 01.10.11

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On Tuesday, January 04, 2011 Judge Jack Alsop appeared in Gilmer County Circuit Court and heard 6 cases.


Four fugitives from justice cases were before him as follows:

•  State of WV vs. Thomas Kulig, who was wanted by the state of New Jersey

•  State of WV vs. Richard Pumell, who was wanted by the state of Maryland

•  State of WV vs. Ibrahim Fakieh, who was wanted by the state of Ohio

•  State of WV vs. Rashaun Kweisi Creel, who was wanted by the state of New York

All four individuals waived extradition back to their respective state and authorities from New Jersey, Maryland, Ohio and New York have until 4:00 PM on Thursday, January 13, 2011 to pick these individuals up from Central Regional Jail or they will be released.

Local attorney Shelly DeMarino was court appointed attorney for all 4 defendants.


•  A juvenile matter was before the Court and set for review on Monday, April 11, 2011 at 9:00 AM.


•  Another juvenile matter was heard and rescheduled for Friday, January 21, 2011 at 2:00 PM.


•  On Wednesday, January 05, 2011 Judge Alsop heard another juvenile matter in Gilmer County and it was set for further hearing on Monday, February 14, 2011 at 11:30 AM.

•  On Friday, January 07, 2011 Chief Judge Richard A. Facemire appeared in Gilmer County to conduct a bench trial in a juvenile case.
However, the defendant is now an adult and was incarcerated in Central Regional Jail on Braxton County charges and did not appear in Gilmer County for the hearing.
The Judge contacted the jail and had a video conference with the inmate, but his attorney moved to continue the case generally to enable him to work with the Braxton County prosecutor on their charges and maybe resolve both matters.
Judge Facemire reset the hearing in Gilmer County for Monday, February 28, 2011 at 10:30 AM.

 

On Monday, January 10, 2011 Judge Jack Alsop presided over his regular monthly motion day in Gilmer County.

•  One fugitive from justice case was heard, with defendant Bradley Montgomery, being wanted in the state of Kentucky for a parole violation.
He waived extradition and was represented by attorney David Karickhoff.
Authorities in Kentucky have until 4:00 PM on Thursday, January 20, 2011 to pick him up at Central Regional Jail or they will release him.


•  A juvenile matter was heard and rescheduled for Tuesday, January 26, 2011 at 9:00 AM and Monday, March 14, 2011 at 10:00 AM.


•  The civil case of Gary Batten, et al vs. Helen James, et al
It was before the Court and set for an evidentiary hearing on Tuesday, April 05, 2011at 9:00 AM.
Batten is represented by Thomas Whittier of Spencer and James and others are represented by Timothy Butcher of Glenville.
Several defendants filed pro se answers as well.


•  Another juvenile matter was heard and rescheduled for Friday, January 21, 2011 at 11:30 AM.


•  State of WV vs. Cammie Yoho was before the court for reconsideration of her sentence.
She was represented by T. J. Drake of Sutton and the Judge took the matter under advisement.


•  Another juvenile matter was heard and rescheduled for Monday, March 14, 2011 at 9:45 AM.


•  Another juvenile matter was heard and rescheduled for Friday, February 25, 2011 at 1:00 PM, and Wednesday, March 02, 2011 at 9:00 AM.


•  The civil case of Don Bellusci, et al vs. Target Oil & Gas Corp
It was before the Court and the Court found Target Oil to be in contempt of its former order.
The Court ordered Target to produce their production records within 15 days and thereafter they will face sanctions of $250.00 a day.


•  State of WV vs. John Edgar Phillips
He was before the Court for reduction of his sentence, and the Judge denied the same.
He was represented by David Karickhoff.


•  State of WV vs. Kevin Curry
He was before the Court to have his trial continued until the March term of Court, which the Judge granted.
Curry was represented by Christina Flanigan of Buckhannon.

Gilmer County Family Court Report – 01.07.11

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Family Court Judge Larry Whited held court in Gilmer County on Friday, January 07, 2011.


He heard several cases as follows:

•  A contempt hearing was continued until Friday, February 11, 2011th at 11:00 AM due to the defendant not being served in time.


•  Three child advocate cases were heard but no order was received yet.


•  A temporary hearing was heard in a divorce case.


•  One out of state child support case was continued until Friday, February 11, 2011 at 1:00 PM.


•  One divorce was granted:

Phillip Moore (73 ) of Glenville divorced Marcia Arman Moore (65) of Penacook, New Hampshire.

WV STATE POLICE PROTECT GILMER COUNTY PROSECUTOR - QUOTE ONLY CODE IN WV WITH STATUTE OF LIMITATIONS

Recently more criminal charges were filed against Gerald B Hough Gilmer County Prosecutor involving perjury and subornation of perjury involving a case that has been described as a “Travesty of Justice” which describes perfectly the most expensive misdemeanor outcome in the history of the state of WV!

The junk Farm equipment case (see photo’s) cost the state hundreds of thousands of dollars in tax payers money to prosecute just to get a wrongful time barred misdemeanor conviction from three felony charges defeated in court.

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The former Braxton County Prosecutor Bill Martin surveys property in dispute while
acting as defense counsel for defense and after the Secret tape was made at Lemon Equipment
got the Travesty of Justice case dismissed, but Hough refiled and added another
false felony charge that was later defeated in court


The famous Gilmer County case was in the Gilmer County Court system from March of 2003 until early 2006 where it was accepted by the West Virginia Supreme Court and was heard all of 2006 until September of 2007 with a 3 to 2 majority decision authored by Justice Davis who knowingly used false facts not part of the court record in her majority opinion and a complaint against Davis is currently pending due to new evidence in the investigation of her wrongdoing in this matter.

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Brush Hog that State Witness Marilyn Matheny gave testimony saying this Brush Hog
was worth 398 dollars 18 months after this photo was taken.
The brush hog had a broken and rusted drive, but during the first indictment Matheny gave
a value that equaled $2,498.00 for the brush hog with attachments and testified before
a grand jury that the brush hog had the same value as a brand new one with a retail price.
Matheny obviously testi-lied to the grand jury, but was not punished.


This case was then heard in the United States Supreme Court, but the new evidence that was discovered could not be used since it was not presented in the lower court, but could very well have proven the defendant completely innocent of all felony charges as claimed by the plea of not guilty.

As the president of the Concerned Citizens of Gilmer County I have to report that evidence that proved Gerald B Hough committed the crime of subornation of perjury is very convincing and even convinced the state police that a crime had occurred! And further, that it was highly likely according the evidence of a title opinion via the outcome of another court case proving ownership of property, that Hough and a witness for the state in the Travesty of Justice case did indeed commit a crime involving perjury and subornation of perjury!

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Close up view of Brush Hog that got the defendant wrongfully indicted by saying
equipment was worth thousands and costing him his radio show for Cumulus Broadcasting


Major Ingold of the WV State Police Standards division made a statement at 9:40 AM Wednesday morning, January 05, 2011 that WV State Police under the advisement of Colonel T. S. Pack, Superintendent and his legal staff of lawyers decided that Hough was protected by the statute of limitations and state code 61-11-9:

§61-11-9. Limitation of prosecution; lost indictment. A prosecution for committing or procuring another person to commit perjury shall be commenced within three years next after the perjury was committed. A prosecution for a misdemeanor shall be commenced within one year after the offense was committed: Provided, That whenever the indictment in any case shall be stolen, lost or destroyed, a new indictment may be found for the same offense mentioned in the former indictment, at the first term of the court after such theft, loss or destruction is discovered, or at the next term thereafter, and as often as any such new indictment is stolen, lost or destroyed, another indictment for the same offense may be found at the first term of the court after such theft, loss or destruction is discovered, or at the next term thereafter; and the court shall, in every case where any such indictment has been stolen, lost or destroyed, enter such fact on its record. Whenever such new indictment is found, the clerk shall add to the entry of the finding thereof the following: “This is the second (or third, etc., as the case may be) indictment found against the said ............... for the same offense”; and the same proceedings shall be had in all respects on any such new indictment as might have been had on the first indictment if it had not been stolen, lost or destroyed. And if the offense mentioned in any such indictment is barred by the statute of limitations, the time between the finding of the first and last of such indictments shall not be computed or taken into consideration in the computation of the time in which any such indictment, after the first, should have been found.


The counsel for the defendant feels that this code does not apply to this case for various legal reasons!

Without a court hearing on the matter the State Police cited the WV State Code §61-11-9 which is the ONLY State code with a statute of limitation for a felony, therefore protecting Gerald B Hough from prosecution, although the state police DID NOT ARGUE AGAINST the fact that a crime did occur and that Hough was indeed guilty by the evidence of subornation of perjury.


Major Ingold before hanging up the phone during a heated argument over the issue suggested that the counsel for the defense had strong civil action against Gilmer County and suggested that the defendant in this instance proceed with a civil suit against the county.

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Boom pole attachment that Hough told the grand jury was
worth hundreds of dollars


The Gilmer County Clerk Beverly Marks hid this missing 1/6 of 155 acres of surface property in dispute from the courts and the WV Supreme Court and should be held accountable for her actions, but she most likely will be protected too by some surprise code that is specific in the matter that it appears once again that the State of West Virginia and Gilmer County go to great lengths to make up their own rules!


Earlier Yesterday morning Jean Butcher was contacted in regard to why did the County Clerks office hide this evidence from the West Virginia Supreme Court?

But her answer was on about an eighth grade level and was not pertinent to the facts involving the case in any way shape or form. But on her defense she has just started the position of County Clerk with claims of having many years of experience.

However, Jean Butcher did refer the matter to the new President of the Gilmer County Commission, Dave Hess so that the counsel for the defendant can file a multi-million dollar law suit against the County of Gilmer for hiding states evidence until the statute of limitations ran out, then mysteriously billing the former owner for back taxes.

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William C Martin defense counsel with his back turned in front of all the
the equipment Hough told the jury was worth thousands


The Concerned Citizens of Gilmer County, firmly take the position that Gerald B Hough is truly guilty of subornation of perjury in which the State Police did not argue against.

They only stated in a very matter of fact manner that Hough was protected by a three year statute by manipulating the date, and not going by the date in which the case officially ran its course which was July 29, 2009 for the 4th Circuit Court of Appeals in Richmond VA or the April 2008 date when the case was before the United States Supreme Court, in Washington DC.


At 11:00 AM Wednesday morning, January 05, 2011, the US ATTORNEY was already notified of this dispute with the State Police over the use of the specific code mentioned on a case that was decided by the seldom used Boyd Rule which denied the defendant his right to the statute of limitations.

The Concerned Citizens of Gilmer County were also informed that another official federal criminal complaint will be filed against Hough before Friday the 7th of January.


Also, the Concerned Citizens of Gilmer County find it interesting that Gilmer County Prosecuting Attorney Gerald B Hough was protected by the ONLY state code with a statute of limitations on a felony.

How convenient for yet another cover up by the West Virginia State Police!

~~  By Edison - Gilmer County Concerned Citizens’ President ~~

Attorney Sues Rodriguez Over Sale of Home

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A Weirton attorney is suing former West Virginia University and newly fired Michigan football coach Rich Rodriguez over problems with the purchase of the coach’s Morgantown home.

Raymond A. Hinerman Sr. and his wife Barbara B. Hinerman filed the lawsuit Dec. 27 in Monongalia Circuit Court against Richard and Rita Rodriguez. Hinerman is representing himself.

In the complaint, the Hinermans say they signed a purchase agreement for the home located in Greystone Estates for $1.3 million and was ready to close on the property on Dec. 20. The sellers asked for that closing to be moved to Dec. 22, and the buyers agreed.

On Dec. 21, the Realtor for the Rodriguezes advised the Hinermans that a room they previously hadn’t been able to inspect—because it was full of children’s toys and, on one occasion, the door wouldn’t open—had suffered a water leak. On the final inspection on Dec. 22, there were ongoing attempts to dry out the “strong musty smell and obvious water leak.“

The Hinermans say that all sales documents including the deed were at the Realtor’s office and ready for the closing when the Rodriguezes’ attorney called “stating that there would be no sale until the buyers signed a document accepting full responsibility for the leak and its consequences.“

The Hinermans refused to sign the document and “demanded the sale proceed and tendered the full purchase price to the Realtor.“ Later, in a phone conversation with the Rodriguezes’ counsel, Hinerman says he was told the sellers “were unilaterally continuing the closing until sometime before Dec. 31, 2010.“

The Hinermans argue that the leak and damages are not their responsibility and that the Rodriguezes should fix it. The Rodriguezes refuse, and the closing had not been reset at the time of the filing on Dec. 27. The Hinermans say they have been harmed financially by the postponement.

The Hinermans say the Rodriguezes are creating an anticipatory breach of contract. They also say the Rodriguezes “are aware of another buyer willing to pay more than the contracted sale price.“

Also, the Hinermans also claim that a Four Winds boat would be given to them with the purchase of the home. But after signing the purchase agreement, they say the Rodriguezes then said the boat would cost roughly an extra $40,000.

The Hinermans say their current Morgantown home has a pending closing date, and that means they might have to store furniture, clothing and other household goods until this closing is completed.

The Hinermans seek to enjoin the Rodriguezes from selling the property to any other persons and to convey it to them for the agreed sale price without any pre-conditions. They also want to resolve the issue of who has responsibility for the repair of the leak and its damages. They also want a special commissioner appointed to do what sellers are ordered to do should they not immediately do so. And they want compensatory and punitive damages as well as other relief including attorney fees, court costs, inconvenience, mental stress and loss of productive time.

On Dec. 30, the Rodriguezes asked the court to dismiss the Hinerman complaint and to deny the motion for injunctive relief. The dismissal motion is based on the Hinerman’s “failure to state a breach of contract claim upon which relief can be granted,“ according to the motion filed by Morgantown attorney Gary S. Wigal. “Likewise, the plaintiffs’ motion for injunctive relief must fail because the plaintiffs have not met their evidentiary burden of proof.“

They say the purchase agreement states that, “It is understood that this property is being sold ‘as is’ and seller will make no repairs.“ It goes on to note that Hinerman is an attorney “who would real the agreement, and who understood the above language.“

The Rodriguezes say they compromised the sale price to allow a cushion with which the buyers could make repairs If necessary.

“Now, the Hinermans demand the benefit of the price reduction and that the sellers pay for repairs,“ Wigal wrote in the motion.

The Rodriguezes also dismiss the argument about the boat being included in the sale of the home.

“The boat is not listed ... because there was not a meeting of the minds on the purchase of the boat,“ Wigal wrote.

Rodriguez was WVU’s football coach from 2001 to 2007. He led the Mountaineers to the cusp of the national championship game in the 2007 season. A loss to unranked rival Pittsburgh knocked WVU from a chance at the title.

Days after he left WVU, the university took Rodriguez to court over his $4 million buyout clause with the school. In July 2008, the parties settled that suit. Michigan paid $2.5 million of the buyout, and Rodriguez paid the other $1.5 million.

Rodriguez, who was fired Wednesday after coaching at Michigan for three years, led the Wolverines to the school’s worst record in history in 2008 with a 3-9 record. His record at Michigan was 15-22, including the Jan. 1 loss to Mississippi State 52-14 in the Gator Bowl.

Monongalia Circuit Court case number: 10-C-896

~~  By Chris Dickerson - WV Record ~~

G-Comm: Does West Virginia Need Better Accountability for Members of The State Bar?

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In May, 2008 HALT issued the nation’s first comprehensive study of the systems that hold state and federal judges accountable. They ranked West Virginia 13th worst in the nation and stated that, “To shine a light on the typically secretive and toothless systems that often fail to remove abusive and incompetent judges from the bench,” Quoted HALT, Inc.

Self-described legal reformers have been pushing for a nationwide clearing house system that would make it easier to keep tabs on and punish lawyers and or judges who violate ethical, civil and criminal laws. More and more of these former officers of the courts have multi state bar licenses to continue practicing elsewhere. Or, they move out of state and begin a new practice altogether.

One current problem surfacing is that in most states, attorneys who have been suspended and even disbarred for unethical conduct are permitted to work as paralegals. In effect, they’ve been kicked off the team, but they’re not out of the game. Because there is no bright line separating much of the work performed by paralegals from that performed by attorneys, some disbarred and suspended attorneys come dangerously close to crossing the line into unauthorized practice of law.

In fact, allowing disbarred and suspended attorneys to practice as paralegals condones unethical behavior by not adequately disciplining it. It’s a practice that puts the public at risk when they seek competent ethical representation, and it creates negative perceptions of the legal profession.

Currently, “Martindale.com,” is the only search database that allows a person to search an attorneys name nationwide to inquire if that person is licensed to practice law. No information is available about complaints, sanctions etc. Each state has their own bar association that either has a search engine for members and or an office to contact. A link is provided below. But, there is no database that can be used as a crisscross directory.

There is also a need for stronger advocate changes in how complaints are decided by mostly attorneys and or other work-related colleagues. Some reformers go so far as to say average Joes, not fellow practitioners, should decide in open hearings whether a lawyer’s actions warrant revoking his license.

“If a jury made up of non-lawyers is good enough to decide a murder case or a million-dollar lawsuit, it’s certainly capable of determining whether a lawyer has cheated a client,“ says D.C. lawyer James C. Turner, executive director of the legal-reform group HALT.

Nationwide, The American Bar Association receives anywhere from 3,500 to 4,000 notices from across the country of disciplinary action each year, including multiple actions against individual lawyers. The Supreme Court disbars about 125 lawyers each year, almost always after learning of state or federal court action.

According to reports, Judges and lawyers guilty of wrongdoing, even serious felonies, usually escape with suspensions or even verbal sanctions and restitution of some sort. Widespread resistance within the legal profession prevents a more seamless system of discipline for the bad apples among the nation’s 1.2 million lawyers with active licenses. The opposition stems in part from the independence of state bar associations and the belief in many states that reciprocal licensing would follow.

The latter change could require all 50 states and the District to recognize law licenses in much the same way a CDL truck driver’s license is valid nationwide.


In West Virginia

There are approx 7, 328 lawyers in WV. Out of that total, 859 are inactive. Attorneys who practice law in WV do not have an option of not being members of the state bar or not paying dues. Who handles complaints or legal actions filed against them?

The Supreme Court of Appeals established an Office of Disciplinary Counsel (ODC) to prosecute violations of the Code of Judicial Conduct and the Rules of Professional Conduct. The Office of Disciplinary Counsel shall consist of separate Lawyer Disciplinary Counsel and Judicial Disciplinary Counsel. Lawyer Disciplinary Counsel shall be primarily responsible for the investigation of complaints of ethical violations by lawyers.


Accountability For Judges

The Judicial Disciplinary Counsel shall be primarily responsible for the investigation of complaints of ethical violations by judges. Notwithstanding these primary responsibilities, when circumstances warrant, Lawyer Disciplinary Counsel shall have the authority to investigate and prosecute complaints of ethical violations by judges and Judicial Disciplinary Counsel shall have the authority to investigate and prosecute complaints of ethical violations by lawyers.


Making The Grade

The Washington DC based legal watchdog group also grades each state on an overall score each year. WV routinely receives grades ranging from C- to F on all categories that include how the state Bar Association handles complaints filed against attorneys. They also grade on the states Judiciary Review Board that handles judges accountable.

In May, 2008 HALT issued the nation’s first comprehensive study of the systems that hold state and federal judges accountable. They ranked West Virginia 13th worst in the nation and stated that, “To shine a light on the typically secretive and toothless systems that often fail to remove abusive and incompetent judges from the bench,” quoted HALT, Inc.

They go on to say, “West Virginia’s laws unfortunately include massive loopholes that still allow members of the judiciary to be wined and dined on the corporate dime,“ Also, “At a time when the American public has lost faith in the impartiality and fairness of the nation’s judiciary, it’s critical that we have an effective system of oversight for judges. We hope that West Virginia’s chief judicial officers will work to transform a mechanism marred by secrecy into a system dedicated to upholding the integrity of the judiciary.“

Is there an appearance of a brotherhood between all attorneys to protect one another? If so, do you then question the ability and effectiveness of allowing fellow attorneys to discipline each other? According to one source for this story, “it’s like letting the fox guard the hen house.”

But, according to research for this story, the more serious complaints for unethical and or illegal acts filed against lawyers and judges in WV are actually made by their own piers. HALT found that the majority of client’s complaints were only that fees were too high, lawyers lack of interest or correspondence and that the West Virginia State Bar does not offer arbitration to help resolve disputes.

Instead, the bar only provides resources for mediation, a process in which a trained facilitator does not issue a ruling but tries to guide the parties toward a non-binding resolution. If the client and lawyer cannot settle the dispute themselves, they have no choice but to go to court, which can be time-consuming and expensive for a legal consumer. And because the settlements are not binding, there are no formal methods to enforce the agreement.

A Spokesperson with the Lawyer Disciplinary Board provided information that indicated there were 555 complaints filed against WV attorneys in 2009 with an additional 545 cases being disposed of. The Supreme Court ruled on 16 pending cases in their court in 2010. When asked if there is a running backlog of complaints being handled, the spokesperson admitted there is, and that the Supreme Court “asks” that backlogs not take longer than 18 months or 15% of the total complaints pending.

In fairness, the majority of attorneys in WV are genuinely professional and sincere in their efforts to perform in good faith for clients and other legal responsibilities. But, as with any profession, there are the ones who bring embarrassment, shame and distrust to the rest. Enough so, that additional safeguards may need to be in place to protect not only the integrity of these officers of the court, but more so to the general public who put their lives, trust and money into their hands.

WV also has its share of bizarre cases against lawyers and judges. An attorney was caught having sex with his female client during legal visiting in prison while another forged a judge’s name to legal documents in order to embezzle funds. Three former Circuit Court Judges who all committed crimes ranging from bribery to sexual harassment and one who actually bit a defendant on the nose during a court hearing in front of witnesses.

~~  by Jack Swint ~~

TechNews: Apple and App Makers Hit with Privacy Lawsuits

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Consumers who say their personal information has been sent to advertisers without their knowledge have launched a legal battle against Apple and the makers of some of its most popular apps, the latest skirmish in the fight over the boundaries of privacy online.

Two new class-action suits filed last week in U.S. District Court in California name the creators of Backflip, Dictionary.com, Pandora and the Weather Channel, among others, in addition to Apple.

The suits follow attempts by federal regulators and lawmakers to set clear standards in the rapidly evolving - and often murky - world of digital data.

“Users ought to have control over the amount of data that is sent of their activities,“ said a lawyer who is working on the case. “It’s an invasion of their privacy, and it’s done without their consent.

The suits said personal information at risk included users’ ages, gender and location along with a unique device identifying number, or UDID, that Apple assigns to all iPhones and iPads.

The complaint mirrors the findings of an investigation published this month by the Wall Street Journal that found many of the most popular apps distributed such data to third-party advertising networks without consumers’ knowledge or consent - and at times in violation of Apple’s privacy policy.

Apple and Pandora declined to comment on the lawsuits.

The Weather Channel did not immediately respond to a request for comment, and Backflip and Dictionary.com couldn’t immediately be reached.

Several app makers told the Wall Street Journal that they only aggregate the data and do not link it to individual users.

The Mobile Marketing Association, an industry trade group, announced last week that it is crafting privacy guidelines for data collection and use and said the industry was committed to transparency.

Washington policymakers have struggled to keep pace with the overflowing stream of information transmitted online, and mobile devices such as the iPhone represent the latest frontier.

A Senate subcommittee held a hearing on the issue over the summer, and Senator John F. Kerry (D-MA) has sought privacy legislation for consumers.

Then, in a report this month, the Federal Trade Commission criticized the industry as “too slow” in establishing privacy standards and said it has “failed to provide adequate and meaningful protection.“

The agency also found that consumers are shouldering too much of the burden in protecting themselves, particularly when privacy disclosures, if they exist, can be difficult to find and understand. It suggested allowing consumers to choose how much of their personal information to share by creating a do-not-track system similar to its popular do-not-call list.

Meanwhile, the Commerce Department issued guidelines for balancing consumer privacy with mobile innovation.

The report called for a “Privacy Bill of Rights” for consumers and codes of conduct for businesses - and consequences for violating them.

The lawsuits “illustrate what consumer groups have been telling Congress, the FTC and the White House: The same rampant data collection techniques threatening privacy on the Internet have been purposely migrated to our mobile phones,“ said the founder and executive director of the Center for Digital Democracy, a consumer advocacy group.

He said his suit does not seek to stop the companies from accessing and distributing consumers’ data. Instead, the suit is looking for greater transparency and control.

“It’s not, ‘Is it bad to transfer information about somebody?‘ “ He said. ”It’s, ‘Is it bad to do it without their knowing about it and having a choice in it?‘ “

RETIREMENT CELEBRATION FOR BEVERLY MARKS, COUNTY CLERK

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RETIREMENT CELEBRATION FOR BEVERLY MARKS, COUNTY CLERK

WEDNESDAY, DECEMBER 29, 2010

12:00 NOON - 4:00 PM AT THE GILMER COUNTY COURTHOUSE

GLENVILLE, WV

G-otcha™: Federal Grand Jury Indicts Individuals from FCI-Gilmer Prison for Riot

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On October 05, 2010, The Gilmer Free Press reported:


A federal prison in Glenville remains on lockdown after a fight involving about 75 inmates late last month.

Federal Bureau of Prisons spokeswoman Traci Billingsley says the melee broke out in the recreation yard at the Federal Correctional Institute-Gilmer on September 23, 2010.

No staff members were hurt, but several inmates were treated for injuries at the prison and three required treatment at a hospital.

Billingsley says there was no danger to the local community.

She could not say whether the fight was gang-related.


Then a comment was made by a reader:


I got a letter from my loved one up there and it was approximately 120 Mexican gang members fighting in the yard.  It is absolutely unnecessary and inhumane to lock down 1,800 inmates for this long without commissary to do their investigation.  The whole judicial system in America is a joke spending all the tax payers’ dollars to house all these people in the first place when the punishment doesn’t fit the crime.  The real victims are the children and families of the people being incarcerated in this country today.  I could say a lot more but it is bigger than me the American people need to wake up because before it is over it is going to be you or your child, or your loved one behind bars for dumb sh**....... There is a better answer to the human condition then all of this…....


Now the following report from WILLIAM J. INHLENFELD, II, UNITE STATES ATTORNEY, NORTHERN DISTRICT OF WEST VIRGINIA announced that:


•  JAMES JENKINS, age 29; TOMA BATES, age 37; DONELLE KIRLEW, age 26; and, ODELL GLASS, age 27, all Federal inmates, were named in a five-count Indictment.

Count One charges JENKINS, BATES, KIRLEW and GLASS with conspiracy to cause a mutiny and riot at the Gilmer Federal Correctional Institution on September 30, 2009.

Counts Two through Five charge that on September 30, 2009, JENKINS, BATES, KIRLEW and GLASS assaulted, resisted and impeded correctional officers or other employees of the United States Department of Justice who were engaged in the performance of their official duties at the Federal Correctional Institution, with the intent to commit the felony offense of conspiracy to commit mutiny and riot as charged in Count One of the Indictment.

If convicted, JENKINS, BATES, KIRLEW and GLASS face a maximum exposure of 10 years imprisonment and a fine of $250,000 as to Count One; 20 years imprisonment and a fine of $250,000 as to Counts Two and Three; and, 8 years imprisonment and a fine of $250,000 as to Counts Four and Five.  The case will be prosecuted by Assistant United States Attorney Brandon S. Flower and was investigated by the Federal Bureau of Investigation and the Special Investigative Services at USP Hazelton.


•  MICHAEL COOK, age 36, a Federal inmate, was named in a one-count Indictment charging him with possession of an object that was designed and intended to be used as a weapon at the Gilmer Federal Correctional Institution on August 26, 2010.

If convicted, COOK faces a maximum exposure of 5 years imprisonment and a fine of $250,000.

The case will be prosecuted by Assistant United States Attorney Brandon S. Flower and was investigated by the Federal Bureau of Investigation and the Special Investigative Services at USP Hazelton.

Gilmer County Circuit Court Report - 12.20.10

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Gilmer County Judge Larry Starcher was in Glenville on Friday, December 17, 2010 at 11:00 AM to reconsider the sentence he handed down in the case of State of West Virginia vs. John Manis Richards.

In March of 2010 Richards was sentenced to 1-10 years in the penitentiary and immediately began serving his sentence.

On Friday Judge Starcher suspended the remainder of his sentence and placed Mr. Richards on home confinement at the home of his father, Morris Richards, in Parkersburg through March 2011.

After his home confinement is completed John Richards will then be on 5 years probation, and during that time he is not allowed to visit stores selling building supplies.

John Richards must also pay $20.00 a month to Circuit Clerk Karen Elkin, which will go toward his court appointed fees.

Previously he had paid all of his court costs and restitution, which Judge Starcher commended him for.

Richards was represented by Christopher Moffatt of Charleston, WV.

Gilmer County Couple Sues Big Sandy Furniture for Injuries

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A Gilmer County couple is suing Big Sandy Furniture for injuries sustained at its Parkersburg location.

On December 05, 2008, Sharon Anderson purchased a mirror from Big Sandy Furniture and drove to the customer service area to have it loaded into her vehicle, according to a complaint filed November 23, 2010 in Kanawha Circuit Court.

Anderson claims when she exited her vehicle, she immediately slipped on snow and/or ice and fell.

As a result of the fact that the customer service area was not properly maintained, Anderson sustained a severe hamstring tear and injuries to her shoulder and neck, according to the suit.

Anderson claims the defendant owed a duty to patrons to prevent and look for unsafe or potentially unsafe conditions and maintain the customer service area in a reasonably safe condition.

Big Sandy Furniture knew or should have known of the dangerous and unsafe nature and failed to remedy or warn patrons of the condition, according to the suit.

Anderson and her husband, Norman Anderson, are seeking compensatory damages with pre- and post-judgment interest. They are being represented by Joseph K. Reeder.

The case has been assigned to Circuit Judge Jennifer Bailey.

Kanawha Circuit Court case number: 10-C-2132

~~  By Kyla Asbury - The WV Record ~~

Gilmer County Circuit Court Report – 12.13.10

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On Monday, December 13, 2010, Chief Judge Jack Alsop presided over his regular Gilmer County motion day.


The following fugitives from justice waived extradition back to their respective states:

•  State of Maryland vs. Jeffery Franklin

•  State of Louisiana vs. David L. Sheppard

Both fugitives were represented by Keisa May of Charleston and authorities in their states have until 4:00 PM on Wednesday, December 22, 2010 to pick defendants up at Central Regional Jail or they will be released.


•  State of WV vs. Bonnie Riddle
She was before the court for reconsideration of her sentence.
She is currently serving her sentence on home confinement but asked to be placed on probation so that she could seek employment.
Said motion was denied by the Judge.
She was also represented by Keisha May.


•  A juvenile was heard and reset for Monday, March 14, 2011 at 9:15 AM.
•  Another juvenile was heard and reset for Monday, February 14, 2011 at 9:00 AM.
•  Another juvenile was heard and reset for Monday, March 14, 2011 at 11:00 AM.
•  Another juvenile was heard and reset for Monday, March 14, 2011 at 9:30 AM.
•  Another juvenile was heard and reset for Monday, January 10, 2011 at 10:15 AM and Monday, March 14, 2011 at 9:45 AM.


•  Two civil cases were cancelled prior to being heard.


•  The ease of Don Bellusci vs. Target Oil & Gas was before the Court for a motion to enforce order.
However, neither attorney appeared, and the Court dismissed their motion.
Later the attorney called in for a hearing at 11:00 AM, but their own notice was set for 10:30 AM.


Two criminal cases were before the Court for bondsmen to appear as to why their clients did not appear for arraignment in November:

•  Jim Ball appeared on behalf of B&B Bonding and the Judge ordered him to pay the Clerk $500.00 which was immediately deposited into her account until further order of the Court.

•  AAA Bonding did not appear, but upon being contacted they had not received notice to appear.


•  Former fugitive from justice William Nesbitt was before the Court after a Governor’s Warrant was received from the state of Alabama.
His attorney, Christina Flanigan, has until Monday, February 14, 2010 to file a habeas corpus on his behalf and an evidentiary hearing will be held Thursday, March 03, 2010 at 9:00 AM.

WV State Bar Board Cracks Down on Ghostwriting

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The State Bar’s Lawyer Disciplinary Board recently ruled that attorneys no longer can offer behind-the-scenes legal help to people.

The new “ghostwriting” rule seemingly will force many people to either hire an attorney or receive no legal assistance at all when they go before the court. In short, a lawyer must either be in a case all the way or not at all.

“While the board finds that ghostwriting as a form of undisclosed representation is permissible under the Rules of Professional conduct, the attorney must disclose his or her identity when preparing pleadings and other documents filed with a tribunal,“ Board Chairman David A. Jividen wrote in his Nov. 8 opinion. “The Board also finds that when attorneys limit their representation of clients, they should follow certain procedures to ensure that the client is fully aware of and consents to the specific limitations and their possible ramifications.“

Ghostwriting is authoring a legal document for another who appears to be the actual author. It can include preparing pleadings or other documents filed with a court or preparing letters or other documents on behalf of a client.

“One significant concern is that preparing documents on behalf of a client that are filed with the court ... without disclosing the attorney’s authorship constitutes misrepresentation, fraud or lack of candor with the tribunal as well as with the opposing party,“ Jividen wrote in the opinion. “Ghostwritten documents can also possibly affect how the tribunal will view and treat certain litigants, particularly pro se parties.“

He also notes that if a court determines such a case is frivolous, it would require more time establishing attorney involvement and, if unsuccessful, would not be able to sanction the attorney involved.

The opinion does say attorneys don’t need to disclose their identities if a letter or document is not intended to be filed with a court or “authorship is not otherwise required by law.“ Also, helping a client prepare forms adopted by or used by courts and government agencies does not require disclosure.

The opinion also says attorneys should follow the Rules of Professional Conduct in these ghostwriting instances. It also says when an attorney has such a limited relationship with a client, a written agreement stating what the attorney will be doing—and won’t be doing - for a client is needed.

The West Virginia Access to Justice Commission voiced displeasure with the opinion.

The opinion “will damage the ability of many low- and middle-income West Virginians to obtain access to justice in West Virginia,“ wrote Chairman Robert S. Baker in a June 9 letter to the LDB. He said it “places unusually strong limitations on the practice of ghostwriting.“

“At a time when the American Bar Association and many state bars have voiced support for ghostwriting, the West Virginia Lawyer Disciplinary Board now seeks effectively to do away with the practice. This will injure both pro se litigants and our courts that serve substantial numbers of pro se litigants.“

Baker said that changing economic times have brought “a sea change” in how people seek access to justice.

“A litigant with limited means would rather obtain some help than none at all, and courts would rather pro se litigants have some attorney assistance than none at all. Unbundled representation is especially important in West Virginia Family Court, where estimates are that in about 75 percent of the cases both parties are appearing pro se.“

Baker says West Virginians deserve better than to be lost without help in a legal system they often don’t understand.

“When the most important parts of pro se litigants’ lives are at stake, attorneys can do better than leave them out in the cold,“ Baker wrote.

He said alternatives exist.

“The ability to ghostwrite documents that do not result in an appearance by the attorney is essential to give litigants a guiding light through a confusing legal system,“ Baker wrote.

~~  By Chris Dickerson - WV Record ~~

Gilmer County Circuit Court Report – 12.10.10

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Judge Richard Facemire presided over Circuit Court in Gilmer County on Wednesday, December 08, 2010.


•  One juvenile hearing was rescheduled for Monday, February 28, 2011 at 10:45 AM.

•  One juvenile petition was dismissed.

•  One juvenile hearing was rescheduled for Monday, February 28, 2011 at 10:30 AM.

•  One juvenile was set for Monday, February 28, 2011 at 10:15 AM.

•  One was rescheduled for Thursday, January 20, 2011 at 9:00 AM.


State of West Virginiavs. Genelle Schoolcraft
She was sentenced to 1-5 in the penitentiary with that sentence to run consecutive to her other sentences that she is already serving.
She was fined $5,000.00 and court costs and must pay it within 18 months of her release.
She was represented by R. Russell Stobbs of Weston.


State of West Virginia vs. Aubrey Osborne
He was sentenced to 1-5 years in the penitentiary and fined $10,000.00 and court costs and must pay it within 2 years of his release.
He was also represented by R. Russell Stobbs of Weston.


Chief Judge Jack Alsop will hold motion day in Gilmer County on Monday, December 13, 2010.


Family Court Judge Larry Waited also was in Gilmer County on Wednesday for domestic violence cases.

Judge Appointed in Third Judicial Circuit

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Acting Governor Earl Ray Tomblin announced on Wednesday, December 08. 2010,  his appointment of Timothy L. Sweeney as judge in West Virginia’s Third Judicial Circuit.

Sweeney, a native of St. Marys, will fill the seat of Judge Robert Holland, who died in September.

Sweeney had served as Pleasants County Prosecuting Attorney since 1985.

Cynthia Loomins and Rocco Mazzei were also considered for the seat.

Tomblin says Sweeney was the right pick.

“Tim has dedicated many years of public service to Pleasants County and after much thought and consideration, I determined that he possesses the broad experience and knowledge necessary to keep this circuit and the surrounding region productive for many years to come,” Tomblin said.

Sweeney graduated from WVU with a business administration degree, before receiving a J.D. from WVU’s College of Law.

Sweeney has also served as the president of the West Virginia Prosecuting Attorneys Association, is a member of the West Virginia Trial Lawyers Association and a member of the National College of District Attorneys.

His appointment was effective last Wednesday.

WV Third Judicial Circuit includes Doddridge, Pleasant, and Ritchie Counties.

Gilmer County Prosecutor Lets the GSC Rape Case Go

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Last fall Gilmer County citizens found out about a rape incident in the Glenville State College’s Pickens Hall dormitory.  However, the GSC officials as well as the law enforcement officials declined any comment on the incident and acted as though it never happened.

To everyone’s surprise, in an article published in Parkersburg News and Sentinel on 12.02.10 reporter Jody Murphy reveals the Gilmer County Prosecutor is not going to make any prosecution in this case.

The report explains:


Parkersburg News and Sentinel’s JODY MURPHY Reported on December 02, 1010 -

A Glenville State College student charged with sexual assault, stemming from a September 2009 incident will not be prosecuted.
Gilmer County Prosecutor Gerald Hough said there was "no sustainable evidence" in a case of alleged sexual assault against Edwin D. Kinnison.
"I passed on indicting," Hough said. "It is the discretion of the prosecutor to decide if there is substantial evidence to decide if a crime has been committed. We looked very hard at this case and decided the evidence was not substantial, not sufficient to go forward."
Kinnison was charged with second-degree sexual assault in October 2009, stemming from an alleged incident that occurred at Pickens Hall dormitory at Glenville State College Sept. 29.
The alleged victim claimed she was assaulted after falling asleep on a couch. According to the criminal complaint, when the alleged assault was over, the victim left the lounge, went to her room and took a shower.
The girl, accompanied by her father, went to Stonewall Jackson Memorial Hospital for an examination. She also was accompanied by a Gilmer County deputy sheriff and a Glenville State College public safety officer. After the examination authorities returned to the dormitory to retrieve evidence, which was sent to the state police lab.
Three days later an arrest warrant was issued.
"She claimed she was violated," Hough said. "There was no medical evidence to substantiate it. It was a he said, she said."
Hough also said there was no video or security footage to corroborate the allegation and the alleged victim had "extensive prior intimacy" with Kinnison.
Hough said if new evidence were to surface, the possibility of an indictment remains.
"I won't hesitate," he said.
Hough said he has never lost a sexual assault case he has taken to trial.
"If it is solid and there is a credible witness, it is worth taking," he said.
A message left with Kinnson's attorney, Kevin Hughhart, seeking comment was not returned.


Concerned citizens in the county feel the college should always disclose information that involves criminal activity or anything that has a potential to put citizens at risk.

In a small town such as Glenville, people feel relatively safe and some do not even lock their doors.

Several high school students attend classes at GSC, have work based job placement on campus, attend sporting events, and use the fitness center, library, football field, and track facility on a daily basis.

This is not the first time crimes committed by GSC athletes, faculty, or coaches have been covered up and we ask the Glenville State College officials not to tolerate such activities and to stop this practice of cover-ups for the sake of the college and the community.

After all, if those who participate in any type of criminal activity are punished by the college and our prosecutor, we will have a better college and safer community in the long run, wouldn’t we?

Isn’t it human nature that as long as you know you can get away with anything you will keep doing it?

Do we not have a good number of people in our community falling in this category?

Then Let’s please change the policies at the college and in our community for a greater good. Thank you.

Gilmer County Clerk Accused of Improperly Filing Records

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The WV Record Reports (12.02.2010 7:30 AM):

A Virginia-based financial institution alleges the Gilmer County Clerk’s Office did not follow state law when it failed to list all the debtors in 2008 financing statement.

Summit Community Bank of Winchester, Va., filed a cross claim against the Gilmer County Clerk’s Office on Oct. 18 in U.S. District Court. The cross claim is part of the answer Summit’s Moorefield branch filed in the lawsuit brought against it, New Horizon Home Sales and Gilmer Housing Partners in March by Textron Financial Corporation for breach of contract.

Textron alleges Summit failed to abide by the terms of a 2005 agreement in which Textron helped Summit purchase property in Glenville to build a home. They added Gilmer Housing Partners and Summit as co-defendants as a result of their seeking a declaratory judgment asserting their claims outweigh any Gilmer Housing Partners and Summit have against New Horizon.

In its cross claim, Summit alleges having to defend itself in the suit is partly a result of the clerk’s office’s negligence.


Conflict Occurs in 2008

In the original complaint filed on March 10, Textron, a Providence, R.I. commercial finance business on Sept. 26, 2005, agreed to finance Horizon’s acquisition of property in the River’s View subdivision in Glenville. Based in Athens, W. Va., Horizon sells modular homes.

Nearly three years later on July 2, 2008, New Horizon acquired title to two lots from the previous owner, Gilmer Housing Partners. According to the Secretary of State’s Office, Gilmer Housing Partners is a for-profit real estate development business whose sole incorporator and manager is Glenville State College President Peter B. Barr.

Purchase of the two lots was secured through a deed of trust Gilmer Housing Partners granted New Horizon in exchange for a $30,000 promissory note. The deed of trust was recorded on filed with the clerk’s office on Aug. 8 with Glenville attorneys Timothy and R. Terry Butcher listed as the trustees.

Later on Dec. 1, Textron maintains it filed a Uniform Commercial Code filing statement with the clerk’s office asserting an interest in a modular home New Horizon was placing on the property it purchased from Gilmer Housing Partners. The suit does not provide any details of the home.

According to the suit, New Horizon 10 days later took delivery of the home, and placed it on the property. Twelve days later, they granted a lien to Summit through a real estate deed of trust.

Records show, the deed of trust was recorded in the clerk’s office on Jan. 30, 2009, with Mark H. Wright and C. David Robertson of Moorefield listed as the trustees.

According to the 2005 agreement it reached with Textron, New Horizon “agreed to keep the Collateral free from all liens and encumbrances except for the security interest granted to [Textron] in the Collateral.“ Also, New Horizon was to “hold the proceeds from any sale of Collateral in trust for [Textron] and upon receipt of sale proceeds, remit ... the total unpaid invoice cost of each modular home unit sold from its inventory.“

In the suit, Textron alleges New Horizon breached their contract when they not only “received permanent financing from Summit,“ but also when they sold two additional modular homes totaling $160,462 without remitting unpaid invoice costs.

After it did not receive a reply to its first notice of default letter on June 30, 2009, from Jones, Textron says it sent a second letter dated Dec. 17, 2009, asking for all unpaid invoice costs of $270,166.77.

In the suit, Textron asks for recovery of the $270,166.77 as well as court costs, and attorney fees. They are represented by Arch W. Riley, Jr. and Christina S. Terek from Spilman Thomas and Battle’s Wheeling office.


Defective Filing

In the answer he filed, Summit’s attorney Edward D. McDevitt with the Charleston law firm of Bowles, Rice, McDavid, Graff and Love, admitted they have a priority lien on the home New Horizon placed on the Glenville property. However, Textron cannot claim Summit was “noticed” of its interest in the property through the Dec. 1, 2008,

UCC filing with the clerk’s office because it was defective.

In the cross claim, McDevitt alleges the filing only listed Jack Jones, New Horizon’s president, as a debtor, and not New Horizon. On an unspecified date, Summit inquired to incoming Clerk Jean Butcher why New Horizon was not listed as a co-debtor on the fixture filing.

Last month, Butcher was elected clerk to replace Beverly Marks who retired.

According to Butcher that’s “‘the way it’s been done for years’” since “there is no policy, rule or law that designates” otherwise. However, she said if someone put a note on the filing specifically asking that another party be listed, the clerk would do it for no additional fee.

The clerk’s “customary office practice,“ McDevitt said, is contradicted by state law. Specifically, he quoted West Virginia Code 39-2-2 which requires “the clerk to index the writing under ‘all grantors and grantees,‘ which would include all debtors and creditors on a fixture filing.“

Because the clerk’s office “willfully and negligently breached its statutory duty by failing to file the fixture filing under New Horizon’s name,“ McDevitt said Summit now has to defend itself in Textron’s lawsuit. They seek judgment against the clerk’s office for all litigation costs, including attorney’s fees, associated with its defense.

In response to the cross claim, the clerk’s office’s attorney, Wendy Greve, with the Charleston law firm of Pullin, Fowler, Flanagan, Brown and Poe filed a motion to dismiss on Nov. 29 citing the failure of Summit to state a claim on which relief can be granted, and the Gilmer County Commission’s immunity from lawsuits.

The case is assigned to Judge Frederick P. Stamp, Jr. It is scheduled for trial March 29.


U.S. District Court for the Northern District of West Virginia, case number 10-cv-39

~~  By Lawrence Smith - The WV Record ~~

Ritchie County: Florida Man Says He Hasn’t Seen Oil Well Money

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A Florida man claims he has not been paid for his interest in oil wells on land in Ritchie County.

Clifton G. Valentine filed a lawsuit November 08, 2010 in U.S. District Court for the Northern District of West Virginia against Sugar Rock, Gerald D. Hall and Teresa D. Hall.

Valentine claims he owns interests in four oil and gas mining wells in Ritchie County along with Sugar Rock, which operates the wells.

However, Sugar Rock failed to account for the proceeds and expenses of the Ritchie County wells and failed to pay Valentine for his interest in the wells, according to the complaint.

Valentine claims he owns 3/32, 2/32, 5/32 and 1/32 in the wells and has lost money because of the defendants’ failure to pay him.

Valentine names the Halls as defendants because Gerald D. Hall is president of Sugar Rock while Teresa D. Hall is secretary.

In his complaint, Valentine wants the court to order Sugar Rock to produce its records for the past 10 years.

He also seeks compensatory damages of more than $100,000 or the amount he is owed for his interest in the wells and punitive damages, plus attorney’s fees, costs and other relief the court deems just.

James S. Huggins of Theisen Brock in Marietta, Ohio, will be representing him.

U.S. District Court case number: 1:10-cv-193

~~  By Kelly Holleran - The WV Record ~~

Gilmer County Circuit Court Report - 11.29.10

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Judge Richard A. Facemire presided over a 3 page motion day on Monday, November 29, 2010.

Three fugitives waived extradition to their respective states as follows:

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Jeremy Brannum was wanted in Tennessee

 

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Eric Ripplinger was wanted in Nevada

 

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Tracey Lee Lane was wanted in New Jersey

All three fugitives were represented by R. Russell Stobbs of Weston.


•  One juvenile was heard and reset for Monday, February 28, 2011 at 9:15 AM.

•  Another was heard and reset for Monday, February 28, 2011 at 9:25 AM.

•  Another juvenile was set for further hearing for Friday, January 07, 2011 at 9:00 AM.

•  One juvenile was ill and the case was reset for Friday, December 10, 2010 at 9:00 AM.

•  Another juvenile was heard and reset for Monday, February 28, 2011 at 9:45 AM.

•  Another was heard and reset for Monday, February 28, 2011 at 9:50 AM.

•  Another juvenile was continued to Friday, December 10, 2010 at 9:00 AM.


•  A civil case involving wrongful death was before the Court and the insurance company paid and it will be completed upon entry of order.


•  The civil case of Eddie Anderson vs. Gilmer County Board of Education, et al
It was before the Court on a motion to dismiss, which the Judge denied.
After a hearing before the board of education it will be rescheduled in Circuit Court.


•  The bound over case of State of WV vs. James Michael McClure was before the Court on a motion to dismiss for not having been presented to the Grand Jury in a timely fashion.
There being no objection by the prosecuting attorney the Judge dismissed the case without prejudice.


•  A magistrate case of State of WV vs. David Michael McEntire was before the Court for recusal of prosecutor.
However, the Judge ordered it be referred to the prosecuting attorney institute for a new one to be appointed (as is usually the case).


•  A damages hearing in the case of State of WV vs. Billy Tomblin was heard.
After the probation officer determines the amount of damages the amount will be assessed by the Clerk as restitution and Tomblin has 4 years to pay it.
He was also ordered to pay at least $50.00 per month toward court costs and restitution, which Tomblin has already made 2 payments, including one on Monday to the Circuit Clerk.
He was represented by David Karickhoff of Sutton, WV.


•  State of WV vs. Stephanie Smarr was before the Court for sentencing upon her former plea.
Judge Facemire sentenced her to 1-10 in the penitentiary but suspended the execution of the sentence and placed her on 5 years probation.
She was fined $100.00 and must pay court costs and $150.00 restitution to the victim within 6 months.
She also must perform 100 hours of community service per year of probation.
She was represented by Christina Flanigan of Buckhannon.


•  A magistrate appeal involving John Zsigray and Gilmer PSD was before the Court and Zsigray asked for a continuance which was denied by the Court as not being properly filed and not complying with the rules.
The Judge also dismissed the case and ordered Zsigray to pay the costs.


Family Court Judge Larry Whited appeared and heard a domestic violence case on Monday.

CommunityConcerns™: A Week Has Passed, But the Concerns Remain as Well as Secrecy

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As it was reported on Monday, October 18, 2010 by the Gilmer Free Press, a lawsuit was filed on 10.18.2010 in The United States District Court for the Northern District of West Virginia against multiple parties including the Office of the Gilmer County Clerk.

In addition to Gilmer County Clerk’s Office, the local Gilmer Housing Partners, LLC, a West Virginia limited liability company is also named in the lawsuit.  Summit Community Bank, New Horizon Home Sales, and others are also involved in the lawsuit.

The lawsuit claims The Gilmer County Clerk’s Office willfully and negligently breached its statutory duty by failing to file the Fixture Filing under New Horizon’s name.

The Gilmer County Clerk’s Office claims their practice of filing method of documents has always been the same. However, those who use the documents in the Clerk’s Office disagree. They state the practice under previous Gilmer County Clerk Luella Stalnaker was not like it is now.

The Gilmer Housing Partners, LLC is the entity which owns the River View development on WV Highway 5 East behind the Otterbein Church on Otterbein Drive in Glenville.

Citizens have often questioned the Gilmer Housing Partners and its ties with Glenville State College.

Questions were raised about this entity during the New Dormitory Bond hearings and meetings at the Gilmer County Commission. However, the GSC officials who were present always refused to respond.


The following is the information reported by multiple concerned citizens to the Gilmer Free Press about this property named in the lawsuit:

•  The property was owned by Joe Putnam former Glenville Mayor and businessman with a lien on the property to ILM.

•  Damage and Slip was caused to WV Highway 5 E (East bound lane) while doing excavating work on the property resulting in purchase of additional property by WVDOH to move and fix the highway.

•  The Bureau Of Prisons filled in the property at a reported cost of $1,000,000.00 at no expense to Putnam to elevate it in the flood plain.

•  ILM took possession of the property.

•  GSC President Dr. Barr got involved to push the housing development as a great example of progress for Gilmer County.

•  There was an artist’s rendition of what the completed project would look like and Dr. Barr showed it at a Business after 5 meeting.

•  ILM sponsored a fund raiser at his house. Members of the elite attended and reportedly five of them put up $25K each for the project.

•  The report in local media listed donors to include R. Terry Butcher from Glenville, Bob Jones from Sand Fork and others.

•  At first it seemed that the project was sponsored by the GSC Housing Corporation. Then, there was supposedly a change to put it under another non-profit entity.

•  Whether the Gilmer Housing Partners, LLC is still part of GSC is unknown. However, Dr. Barr has been involved in the transaction.

•  The status of this entity as well as many other organizations under GSC’s umbrella such as the Foundation, Housing Corporation, Pioneer Athletics, supposedly a research corporation and who knows what else including names of individuals who serve on the entities has always been a mystery.


Following are the printable Court documents involving this lawsuit:

•  U.S. Federal Court Document - 34-Main
•  U.S. Federal Court Document - 34-1
•  U.S. Federal Court Document – 34-2
•  U.S. Federal Court Document - 35-Main
•  U.S. Federal Court Document - 35-1
•  U.S. Federal Court Document - 36
•  U.S. Federal Court Document - 37-Main
•  U.S. Federal Court Document - 37-1
•  U.S. Federal Court Document - 37-2
•  U.S. Federal Court Document - 37-3
•  U.S. Federal Court Document - 37-4
•  U.S. Federal Court Document - 37-5
•  U.S. Federal Court Document - 37-6
•  U.S. Federal Court Document - 37-7
•  U.S. Federal Court Document - 03-Main
•  U.S. Federal Court Document - 03-1
•  U.S. Federal Court Document - 03-2
•  U.S. Federal Court Document - 03-3
•  U.S. Federal Court Document - 03-4
•  U.S. Federal Court Document - 03-5
•  U.S. Federal Court Document - 03-6
•  U.S. Federal Court Document - 03-7
•  U.S. Federal Court Document - 03-8
•  U.S. Federal Court Document - 03-9
•  U.S. Federal Court Document - 03-10
•  U.S. Federal Court Document - 06-Main
•  U.S. Federal Court Document - 06-1
•  U.S. Federal Court Document - 06-2
•  U.S. Federal Court Document - 01
•  U.S. Federal Court Document - 05
•  U.S. Federal Court Document - 07
•  U.S. Federal Court Document - 08
•  U.S. Federal Court Document - 10
•  U.S. Federal Court Document - 19
•  U.S. Federal Court Document - 21
•  U.S. Federal Court Document - 22
•  U.S. Federal Court Document - 26
•  U.S. Federal Court Document - 28
•  U.S. Federal Court Document - 36
•  U.S. Federal Court Document - 38
•  U.S. Federal Court Document - 40
•  U.S. Federal Court Document - 41
•  U.S. Federal Court Document - 42
•  U.S. Federal Court Document - 43
•  U.S. Federal Court Document - 44
•  U.S. Federal Court Document - 45

As always we report, you decide.

Lewis County Man Blame Manufacturer for Roller Accident

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A Lewis County man has filed suit against the heavy equipment manufacturer that he claims manufactured a roller that defectively failed to turn off when it flipped on its side, causing burning oil to spew on the man.

James R. Stutler Jr. claims he was operating a roller machine manufactured by Terex on October 06, 2008, when the incident occurred.

“That part of the highway on the edge of the road gave in causing the Terex roller and the Plaintiff to fall down a hillside at which time the Terex roller did not land in a vertical position,“ Stutler’s suit filed Oct. 1 in Lewis Circuit Court states.

“The Terex roller which was produced by the Defendant herein did not shut its motor off when the Terex roller was not vertical. The same caused the Terex roller to continue operation and spew boiling oil onto the body of the Plaintiff herein.“

Because of the accident, Stutler sustained third-degree burns to his body, which required substantial medical care and resulted in permanent scarring, and suffered extreme pain, suffering, mental anguish, annoyance and inconvenience, according to the complaint.

Stutler blames Terex for causing his injuries, saying it negligently failed to provide an adequate mechanism to shut the Terex roller off when it was no longer upright.

But Terex denies Stutler’s allegations against it, saying Stutler’s injuries were caused by a superseding cause.

“The subject product and the component parts of such product conformed to the general state of the art with respect to design, use and manufacture of such product at all times relevant to this litigation,“ the suit states. “This subject product was not used as intended and/or was altered, misused and/or modified such that Plaintiff’s claims are barred.“

In his complaint, Stutler is seeking attorney fees, costs and other relief the court deems just.

Terex wants to see Stutler’s complaint dismissed and wants to be awarded costs, attorney’s fees and other relief the court deems just.

Terex removed Stutler’s complaint to U.S. District Court for the Northern District of West Virginia, alleging Stutler is seeking more than $75,000 and is a resident of a different state than the Delaware-based company.

Steven B. Nanners of the Law Offices of Nanners and Willett in Buckhannon will be representing Stutler.

Andrew B. Cooke of Flaherty, Sensabaugh and Bonasso in Charleston will be representing Terex.

U.S. District Court case number: 2:10-cv-120

~~  By Kelly Holleran - The Record ~~

Gilmer County Circuit Court Report - 11.22.10

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On Monday, November 22, 2010 Chief Judge Jack Alsop appeared in Gilmer County and held 4 bond hearings as follows:

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•  State vs. Brian Hardesty
Judge Alsop reinstated his $5,000.00 bond and he will be released from jail with his trial continued to March, 2011 term of Court.

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•  State vs. Jimmy Stump
Judge Alsop set his bond at $10,000.00 and B&B Bonding posted that and Stump’s trial was continued to March, 2011 term of Court.

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•  State vs. Angel Hart
Judge Alsop set her bond at $30,000.00 and B&B Bonding posted that and Hart’s trial was continued to March, 2011 term of Court.

Hardesty, Stump and Hart were all represented by R. Russell Stobbs of Weston.

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•  State vs. Cecil Smallwood
After he was arraigned and pled not guilty to all 3 counts of the indictment, bond was set at $50,000.00 and his trial was also continued to the March 2011 term of Court.
He was represented by Daniel Grindo of Gassaway.
His bond was also posted by B&B Bonding.


All 4 have now been released from jail.

Calhoun County Man Sentenced to 30 Years in Shooting Deaths

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A Calhoun County man whose manslaughter and robbery convictions were overturned by the WV Supreme Court has been re-sentenced to 30 years in prison.

WCHS TV reports that 24-year-old Ronnie Rush was sentenced for two counts of voluntary manslaughter.

The charges stem from the 2003 shooting deaths of 69-year-old Warden Groves and 60-year-old Mary Hicks.

Rush was 16 and deemed mentally impaired when the two were killed in their Sand Ridge residence in May of 2003.

Ronnie Rush had been staying with them at the time.

Rush was convicted in 2004, but the verdict was overturned two years later.

Rush was sentenced last Friday in Ripley.

Gilmer County Family Court Report – 11.19.10

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Gilmer County Family Court Judge Whitedheld court in Gilmer County on Friday, November 19, 2010.

•  He had a full docket and stayed in Gilmer County until 3:00 PM.

•  One allocation petition was rescheduled for Friday, December 03, 2010.

•  Another was heard but not reset.
A motion for temporary relief in a divorce case was continued to allow plaintiff to obtain an attorney.

•  Another divorce was dismissed.

•  Another was heard but the attorney will prepare the order.

•  Judge Whited performed a wedding at Noon.

•  He dismissed a modification proceeding.


Judge Whited signed and granted two divorces as follow:

•  Carrie Wildman (34) of Sand Fork divorced David Wildman (51) of Metz, WV.

•  Mark Beall (39) of Glenville divorced Lisa Beall of Glenville, WV.

Oddly Enough: Woman Gets Prison for Special Olympics Theft

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A former bookkeeper for the West Virginia Special Olympics has been sentenced to six months in federal prison in the theft of more than $163,000 from the nonprofit group.

U.S. District Judge Thomas E. Johnston also ordered 48-year-old Victoria Jarvis of Mineral Wells this week to pay restitution, serve an additional two months of home confinement and three years of supervised release.

Jarvis pleaded guilty in June to identity theft.

Federal prosecutors say Jarvis admitted that from 2002 to 2008 she used a computer and software to make counterfeit checks payable to herself.

She then placed the computer-generated signature of the Special Olympics’ CEO on the checks and deposited them into her own account.

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Mike Romano



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