Lisa Wexler/Crooked County Crooks Editor
June 11, 2007 ·
(Please enjoy this LOST FILE from the bottom of the Crooked River – with Photo’s and Graphics added 42 months after text was published in the CalPatty Press-this LOST FILE is being republished 17 Dec 2010–this is our version of Crooked County Crooks Colorization of an old movie in an old town in an old Crooked County down by an old Crooked River Special Feature -in which we add the dialogue with comments, photo’s and fun while…
…getting our readers up to date to the most current events and scandals taking place up on the hill and down at the old courthouse including the NEW most up to date Scandal and Hate and all in the world that describes the modern dynamics of the infamous Crooked County ” POWER ELITE ” …while the REAL TRUTH is revealed via this Secret Seven Publication from three and a half years ago!)
Crooked County Circuit Court Judge Richard (Dick) Facemire decided… in an extremely blatant manner, to, “Make up his own rules!”
In this article we will publish excerpts of the court record from the Gerald Thompson case that tells it all!
The fact that a Circuit Judge would know better than to act in such a way speaks for itself. Just another example of public officials in Crooked County doing exactly what they want to.
So what are they good for? Absolutely nothing!
Besides all the errors and blatant misconduct involved in the Gerald Thompson case, Facemire also made some of these same mistakes in the high profile Crooked County case to be heard before the Supreme Court. This case has been referred to as the “Travesty of Justice” case. In the year 2005 approximately 8600 cases came before WV courts. Out of those 8600 only 24 were granted review, 19 were heard and only 3 were reversed. In 2006 over 10,000 cases came before WV circuit courts, and the Travesty of Justice Case was one of only a few that have been selected to be heard. Most likely, out of all the cases heard in 2006, again, only 3 most likely will be reversed. TWO of those reversed cases will be Circuit Judge Richard (Dick) Facemire cases, according to informed sources.
We have been under orders not to report on the “Travesty of Justice” case, since all information indicates it will be in the court system for at least two more years at a great cost to the state of West Virginia!
All we can report is; that-in-that case, two of the principle players, and the states main witness are now dead. The case is still alive, but the primary players involving the basis for the Gilmer County Sheriff complaint are dead!
Also the defense trial counsel F John Oshoway met with a mysterious accident the evening before that case was presented to the Supreme Court in Charleston. Oshoway was taken to the hospital. The case received a 3 to 2 vote in favor of the defendant and we hope this is an indication of ultimate victory, unless of course someone in crooked county wants to play the please do a favor for me today and I will gladly give you some campaign contribution on Tuesday!
Good work at beating the odds of the thousands of cases brought before Circuit Court in the state of WV! Accusations have been made that Oshoway made a secret deal with Gerry Hough to throw that case for the prosecution when it could have been easily won. All felony charges in that case were defeated in Circuit Court. The only charge at issue is one misdemeanor charge.
One of those principle players in the “Travesty case” was Gerald Ball. He was arrested by the State Police about the time the case was born: (below from HH news source)
“Gerald R. Ball has been charged with domestic battery, domestic assault and brandishing a deadly weapon. He has been arrested by the State Police and released on $1000 bond. A plea hearing is set for Calhoun County Magistrate’s court on July 26 th!
“Calhoun County Deputy Sheriff Carl Ballengee and members of the Grantsville VFD combed the Bull River area late Sunday night after Ball’s vehicle was found over the hill about 11 p.m.”
Notice the 1000 dollar bond? If that were you or me it would have been 100,000.00 bond.
We the CalPatty Press editors find it odd that Ball, who was directly related to the then magistrate Steve Johnson, never did any jail time and the case was just…..dismissed! Odd indeed! But not really! That was just another one of those deals where the Calhoun Lagoon of Conspiracy met the Crooked County Court of Corruption.
(Johnson was later convicted of embezzlement in Calhoun County and dismissed as magistrate.)
In that case, (from the court record) Facemire refers to Mr Ball as… “A person of credibility!”
Clay County seems to be the minor league for practicing the art of misconduct! You make the majors when you move up to Crooked County.
Two of the public officials from Gilmer County getting the most complaints were Facemire and Tim Butcher. Butcher served as the prosecutor for Gilmer County not long in the past and our very own Richard (Dick) Facemire was prosecutor in Clay County and learning in the minors how to make his own rules in the majors just waiting for the day to unleash it all on Crooked County Down by that Crooked River!
When Facemire was the prosecutor in Clay County he was reprimanded by the Supreme Court in the 90’s for unethical conduct in circuit court!
“I heard he likes his big toe sucked on!”
Complaints like that and complaints even more outrageous have flooded the CalPatty Press website recently over Tim Butchers son being pulled over for a DUI… failing a field sobriety test, then not having to go before the court or taken to jail according to statutes and state law. The son was just picked up at the police station. A couple of weeks later the adult son of Tim Butcher was in a car with several other people where allegedly drugs were found. Again no arrest!
This illegal preferential treatment was a matter of discussion recently at a Glenville City Council meeting, where Butcher had told the Mayor that it was “Just OK” –which of course was a total and blatant lie. You will find all that info in a previous article. Just another example of the elite of Crooked County “Making up their own rules!”
Why should West Virginia laws apply to the people running the show in Crooked County?
Also, if any person, says anything about it, they are attacked, threatened with jail and may find their closest pet murdered!
Finally Justice Starcher is doing something about all the misconduct in the 14th district Circuit Court!
Further, we have it on good authority that by some miracle of god, the Governor is aware of the problems in Central West Virginia…” And just what is going on with public officials involved in running things like a third world country!” He should know, He is running the whole deal!: Big JOE is their boy! The local Power Elite are backed up like a big dog by big Joe, and with him it is all a go!
Circuit Judge Richard Facemire biased Clay jurors against defendant Gerald Thompson by acting like a prosecutor, the West Virginia Supreme Court of Appeals unanimously ruled recently.
Facemires attitude, it was reported, was what upset the Supreme Court Justice Starcher the most.
In an outrageous, unheard of, and illegal act, Facemire asked witnesses an exact amount of 180 questions! This is unheard of in legal history!
That fact alone put all the Supreme Court Justices in a tizzy!
The defendant Thompson’s attorney, Jerome Novobilski didn’t challenge Facemire’s conduct at trial. The same sort of behavior was displayed by Calhoun Counties F John Oshoway during the “Travesty of Justice case” Do you think the F in… “F John Oshoway” is the short version… of fuck up?
The SUPREME COURT found that after testimony from the first witness, state police trooper Richard Stevenson, Facemire kept him on the stand with 83 questions.
Facemire asked him if Lieutenant Michael Goff had training on handling hazardous waste and “Meth labs like this.” Stevenson said yes.
Facemire: “I note that you said Lieutenant Goff destroyed the methamphetamine other than some samples. Is that right?”
Stevenson : “Yeah, he destroyed all this liquid stuff contained within the Mason jars and such.”
Facemire: “Lieutenant Goff took up this meth and gave you samples. Did he give them directly to you?” Stevenson said yes.
Facemire: “I note that you say that the meth lab was not active at the time you responded to the scene. Is that correct?” Stevenson said yes.
Goff testified next. Facemire asked him 20 questions.
Facemire: “I assume those recipes aren’t for making a cake?”
Goff : “Not a cake I’d want to eat.”
Facemire: “So those recipes are consistent for making what?”
Goff : Methamphetamine.
Facemire: “Anybody that possessed that wouldn’t have any other reason to possess it?”
Goff said he knew of no other reason.
Kermit Sanford, Thompson’s father in law, testified first for the defense.
Facemire kept him on the stand and said, “You don’t want to see anything bad happen to Mr. Thompson?” Sanford said no. (THIS IS HIGHLY ILLEGAL COURTROOM PROCEDURE BY A JUDGE)
Facemire: “Likewise, you don’t want to see anything bad happen to your daughter?” Sanford said no.
Facemire asked what he saw in photographs of Thompson’s residence. Sanford said he had never seen those items.
Facemire: “Under penalty of perjury and false swearing, you are telling -”
Sanford: “I’m telling the truth. I’ll take a polygraph, sir.”
Facemire: “I’m the one talking here, sir, not you.”
Thompson’s mother, Jesse Thompson, testified next. She described a fight between her son and his wife that led to gunshots and a 911 call.
Facemire asked what the fight was about. Jesse Thompson said, “They didn’t have to have anything to get in a fight over.”
Facemire : “You want this jury to believe that they just like to fight and it wasn’t anything they were fighting over that day?”
Jesse Thompson: “He was telling her to leave and she was crying. She didn’t want to leave. And then she was gonna leave and he told her not to leave so that’s all I know it was about.”
Facemire asked if she saw her son shoot. She said, “After I got outside. He shot maybe once before I got outside. Then he shot a couple of times after.”
Facemire: “Well, which was it? You’re telling this jury first now that you were inside when he shot and so you didn’t see him shoot. Now you’re saying -”
She said, “No, I said -”
He said, “other -”
She said, “Okay, pardon?”
He said, “No, no. I’m talking right now.”
She said, “Okay, you talk to me. You tell me.”
He said, “You see, there’s a procedure here. I get to ask the questions. You get to answer them, okay?” She said okay.
Facemire asked the defendant’s wife, Kristin Thompson, 13 questions. The Justices did not pass along any of that dialogue.
Gerald Thompson Jr. testified last. He said police threatened him.
After cross examination, Facemire asked him if he told the magistrate that police threatened him.
Thompson said, “No sir, I was scared to.”
Facemire asked if he mentioned it at circuit court hearings.
Thompson said, “No sir, I was scared and I’m scared now. I don’t know what’s gonna happen when I get out of here, if I do.”
Facemire said, “You would agree, you would have more to lose in this case than the troopers do?” Thompson said yes.
After jurors convicted Thompson, Novobilski appealed. He and assistant attorney general Robert Goldberg argued before the Justices Feb. 27.
Starcher’s opinion in Thompson’s favor quoted from West Virginia Rules of Evidence that, “…In jury trials the court’s interrogation shall be impartial so as not to prejudice the parties.”
Starcher quoted a Supreme Court of Appeals opinion that, “A judge may ask questions for the purpose of clearing up points that seem obscure, and supplying omissions which the interest of justice demands, but it is not proper that he conduct an extended examination of any witness.”
Starcher wrote, “…The nature of the questions, especially when coupled with the questioning of trooper Stevenson, suggested to the jury that the trial judge had assumed the role of the prosecuting attorney!”
We were told late Friday evening that the attorney representing the defendant in the “Travesty” case, made the same statement when he first read
the court record in the “Travesty of Justice” case, “The judge had assumed the role of the prosecuting attorney.”
For over 18 months, Central West Virginia Bloggers have been trying to present the truth to the people of West Virginia. Finally… some of the facts involving cases we have been discussing and reporting about have been proven true. These cases are only one example.
Soon we hope to bring you news of more misconduct involving Gerry “Just OK” Hough, and the Chief Deputy Bandy criminal trial.
Notice you are never told of any of this “True information” or hear any truths from the local Crooked County Rag…. The Glenville Democrat and Pathfinder. Yeah… they’re the pathfinder of bullshit!
(The SS covering of the Bandy trial will go down in history of top-notch reporting and excellent foresight by calling the outcome of the Bandy Case more than 15 months in advance! The Calhoun County Chief Deputy Bandy Criminal case goes down in history for the most well documented case that was also a complete disgrace for the fine State of West Virginia …in the fact that Gerald Hough Special Prosecutor assigned to the case acted as defense counsel instead of a prosecutor and the judge assigned to the case is on record for reminding Hough that his motions were the motions of defense counsel not a prosecutor!)