Gerry Hough FERPA violation!

Complaint filed with the WV Supreme Court Against Tara Kennedy – Mike Lacy a Department Head Attempts to COVER UP the ALLEGED CRIMINAL ACTIONS of KENNEDY in REGARD TO PURJURY in the 14th District Circuit Court in Gilmer County!!

By Free Bird — Revenge of the Ghost Wolf Reporter for the Central West Virginia Secret Seven Coalition/Hurricane Rina McCoy – Crooked County Crooks Editor/Editor Edison – CalPatty Press Editor

Recently, a formal complaint was made with high ranking WV Supreme Officials against Tara Kennedy wife to Gilmer County Commission President Brian (Beet Red) Kennedy for her wrongdoing involving the “Travesty of Justice,” case, the longest running court case in Gilmer County history!

Tara Kennedy is accused of being involved in a conspiracy that led to a wrongful conviction by knowingly presenting false evidence. Since then Kennedy has made several outbursts in court and recently attempted to run over the publisher of the Gilmer Free Press, and actually running over someone’s foot in the incident!

Officers  of the 14th district court and Mike Lacy a department head at the WVSC gave Steve Canterbury the Administrative Director of the Supreme Court false facts pertaining to the case in a knowing and malicious action defending wrong doing and criminal matters carried out by Kennedy. But, then what do you want from the Crooks that live down by the Crooked River in Crooked County? Not one of those crooks have told the truth since 1987.

TARA KENNEDY from GILMER COUNTY is Currently UNDER INVESTIGATION by the WVSC for Conspiracy, Misconduct, and Assault with a Vehicle!

An attorney that recently reviewed the code on perjury has stated that Major Ingold who was a Captain in the WV State Police at the time of the original complaint interrupted the code wrong, and Gerry Hough truly is actually guilty of paying someone to commit perjury.  For, actuality, Hough is only protected by a statute of limitations if the matter was a misdemeanor situation. But the matter is a felony concern, so therefore,  INGOLD and the State Police Protected Gerry Hough when the highest ranks now know for certain his actions pertaining to the “Travesty of Justice,” case are criminal.

The complaint against Kennedy has now been kicked up to the top executive at the West Virginia Supreme Court Steve Canterbury, and he should now be aware of the false facts that MIKE LACY a department head of the WV Supreme Court tried to feed him.

This is a letter to Mike Lacy from the SC of the SS…

Mr. Lacy,

You handled the investigation of Tara Kennedy in an extremely unprofessional manner. We will have a field day now with this in the press.

To let Judge Facemire or even Alsop be involved would be a CONFLICT of INTEREST. You have wasted my time and made a huge mistake.

What the heck could you have been thinking? I am coming down to Charleston myself, after we hit you with an FOIA by the end of the week.

I will see you and your counsel in federal court for your involvement in a criminal conspiracy. When you hide a deed from the court, and then

bring in a false witness that says they own property, that WE OWNED, that is a serious situation. YOU IGNORED THAT FACT LIKE A COMPLETE IDIOT!

You covered for a crime, and that the courts and Gerry Hough and Tara Kennedy got you involved in. We will humiliate you in the press first locally and then, hopefully nationally.

You might want to dress a little better for the camera, cover up that bald head, shave that beard and get your teeth fixed, because you may be on the national news, and I will be making that call today, and playing them the tape we have of Judge Facemire, in which he is recorded on tape making statements in court HE DENIED he made to the Judicial Investigation Commission.

You people in West Virginia are the most corrupt anyone has seen yet, and it is my job to expose that corruption and let people see it for themselves and then make up their own minds about what should be done about people like you.

Supreme Commander of the West Virginia SS

Mike Lacy a department head at the WVSC handled the investigation of Tara Kennedy in an extremely unprofessional manner!

Please read this article below published by the Gilmer Free Press to find out about the criminal complaint made against Gerald B Hough with the West Virginia State Police.

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.

image
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.

image
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!

image
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.

image
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.

image
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 ~~

Feel sorry for new county clerk. She has to decide: either clean up this crap or sink in it deeper.

Comment by A Friend [01]

What I can’t figure out who was the gilmer prosecutor protecting? or this is just a case went from bad to worse?

Comment by tim592 

The misconduct by Gilmer County public officials for having the court record redacted, then denying to the judicial investigation commission that he made statements that were taped by the family for the defendant.

The lies told to the jury members by our prosecutor and facts given to the jury by him …most ALL turned out to be completely untrue, but to get caught paying someone to commit perjury and finally getting caught by evidence, but then not having to pay the price for such an outlandish crime is outrageous!

How long can the county be victimized by such an elected official!?

This is also the case in which our local probation officer added the fact that the defendant had two young children out of wedlock with a local 17 year old girl, which was an utter and complete fabrication and that over the top behavior from the Gilmer County legal system.

Comment by Anonymous 

The Council of Concerned Citizens would like to express their deep appreciation to Trooper Smith of the West Virginia State Police for the fine work done in gathering all the facts that proved that a crime was committed by the Prosecutor and a state witness.

The final decision on the matter of not arresting Hough came from the Lawyers for Col. Pack and the State Attorney Generals office. If any blame falls for allowing public officials to commit crimes, then the finger should be pointed at those lawyers for the high ranking State Police.

Smith had to take the brunt of angry and disgruntled persons harmed by the criminal misconduct of Gerry Hough. While, all in the line of duty, the task had to be a very difficult one, but it was handled in a courteous, timely and professional manner by Trooper Smith of the Glenville Detachment of the WV State Police.

Comment by Gilmer County Concerned Citizens 

The only way for the new clerk to dig out of what was done in the Clerk’‘s Office is to admit the part she played.  She can’t dig out by telling lawyers “that’s the usual way of doing things” and “there’s no law” that says all documents have to be indexed in the names of all parties on a recorded document when she should know very well it’s not true,  After all the old clerk said she knew it all.  All she was told for sure. You can’t dig out by breaking election laws or laying the blame on everyone but yourself.  We voters were told she was the election supervisor before ever elected. Registering voters on a computer does not make someone election supervisor.  Read the laws.  Lying to cover up will never “dig” anyone out of any mess.

Comment by Anonymous 

This just in!

An attorney that represented the defendant in this case recently stated that this claim and complaint and accusation of wrongdoing against Gerald B Hough was first made in December of 2007 and notarized and filed with the Lawyer disciplinary board, and that Rachelle Chipoletti who was interim counsel at the time and is now Chief Counsel accepted the complaint against Hough, so therefore notice of wrongdoing by Gerald B Hough was given in late December 2007, and accepted and processed at the beginning of 2008.

Therefore, if this fact is substantiated, then Hough clearly could be arrested and facing the 1-10 year prison sentence the violation of ethics and criminal actions would bring for a penalty.

Comment by Gilmer County Concerned Citizens

wink Yes the new clerk will have to dig her self out, and the new HELP she hired won’t help matters.

Comment by Gilmer county citizen

West Virginia and specifically Gilmer County truly is a legal H*LL!!

When all evidence indicates that Gerald Hough the local prosecutor blatantly committed a crime and wrongfully influenced a jury with false facts by actually PAYING A WITNESS to lie, and then, that turns out to be “OK” with the highest ranks of the State Police and the State Attorney Generals office after endless complaints on the wrongdoing of Hough for more than half a decade, then what we have here is a failure to communicate.

A totalitarian society exists in the state of West Virginia, proven by this very incident, a criminal matter by a public official so blatant as to be an insult to our intelligence is simply discarded, by the highest ranks!

This type of incident is not supposed to happen in America! What happened to the AMERICAN DREAM!!?

The State of West Virginia and its Gestapo POLICE STATE tactics along with Gilmer County and their “Make our own rules” attitude has made for an AMERICAN NIGHTMARE!!

Comment by Freedom Fighter

We know WHO the real Gilmer County Prosecutor is now and his bible carrying is not sincere, when the results are lies and deceit and criminal behavior and actions.

Finally, after years of complaints about the criminal misconduct of the Gilmer County PA it all turns out to be true!

Obviously from facts even the police accepted as true and accurate, proved our prosecutor to be guilty of a SERIOUS crime and the Gilmer County Commission should pay the damages incurred by this outrageous and evil act and immediately dismiss him.

The penalty for that crime according to State Code is that if found guilty the guilty party can NEVER hold a public office again.

Finally it was proven to the police and Gilmer County that this prosecutor truly is guilty of something awful! PAYING a state witness to LIE under oath is an awful and evil deed.

Hough should no longer be allowed to serve as our prosecutor and if the County Commission does nothing, they should all be removed from their positions immediately.

Comment by Angry Anonymous 

Something completely unexpected happened today that will blow the lid off this highly read article:

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

Today more criminal charges were filed against two local public officials that have been in the headlines.

Hopefully, if we have not been murdered like Fred Hill, we will have the story for you either Monday or Tuesday and this latest action could very well lead to an arrest of names we know all too well.

The SECRET TAPE made 18 months before trial that proves the Gilmer County Prosecutor brought yet another false witness and a bad faith prosecution to the court will SHOCK all when heard for yourself. Look for it early this week on the GFP!

But, the news received today is way over the top and even hard for me to believe – that recent illegal actions for profit can be proven beyond any reasonable doubt and all happened up on the hill in Gilmer County.

Keep it locked on to the Gilmer Free Press

Comment by Gilmer County Concerned Citizens -President 

GFP republishes TWO WV RECORD articles on GERRY HOUGH one Ferpa Violation and one for knowingly bringing a false criminal case!!

Friday, September 16, 2011

Gilmer County Prosecutor Gerry Hough cautioned for ‘98 FERPA violation

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WV Record Reports:

Records show very early in his legal career, Gerry Hough was scolded by the Lawyer Disciplinary Board for violating federal law when he improperly accessed a Glenville State College student’s academic records in the course of representing her accused attacker in a sexual assault case.

The Board on December 09, 2000, filed a one-count statement of charges against Hough for committing three violations of the Rules of Professional Conduct when he asked for, and received, a copy of Anita Phillips-Wiseman‘s transcripts on November 13, 1998. At the time, Hough was representing Wilkie Perez, a GSC student and quarterback of the football team, on charges he raped Phillips-Wiseman.

In the statement, which acts as an indictment for disciplinary purposes, the Board stated that Hough was also a member of the GSC faculty at the time he was representing Perez. Hough, the statement alleged, used his position on the faculty to mislead the GSC Registrar’s Office into getting a copy of Phillips-Wiseman’s transcripts for the sole purpose of aiding in Perez’s defense.

Under the Family Educational Rights and Privacy Act, strict limits are placed on disclosure of a student’s academic records, and who has access to them. Among those who are permitted access to a college student’s records, including his or her transcripts, is the student’s advisor.

According to the statement, at the time he requested her transcripts, Hough was not Phillips-Wiseman’s advisor. Because of that, the Board charged Hough with violating Rules dealing with truthfulness in statements to others, respect for the rights of third persons and misconduct.

Eventually, the Board on August 04, 2004, opted to dismiss the charge, and “caution” Hough, who by this time had become Gilmer County’s prosecutor, for his conduct, and fine him $400. The reason for the Board’s decision was due to the fact that at the time of the incident, Hough had been a member of the state Bar for only a month, and, upon learning of his actions, Thomas Powell, GSC’s then-president, reprimanded Hough, and denied him a pay raise given to other GSC faculty and staff.

As part of the agreement to dismiss the charges, Hough, despite his initial denial, had to admit to them, and express remorse for his actions.

Records show the sexual assault charges against Perez were dismissed.

~~  By Lawrence Smith – WV Record – 09.16.11 ~~

Ohio man appeals dismissal of ethics complaint against Gilmer prosecutor
9/16/2011 7:40 AM By Lawrence Smith  -Kanawha Bureau

SZ200_ghough.jpgHough

CHARLESTON – Citing a failure to consider new evidence, an Ohio man is asking a state ethics panel to reconsider his complaint of improper conduct by Gilmer County’s prosecuting attorney in his 2005 criminal case.

The Office of Disciplinary Counsel on Sept. 6 dismissed the complaint Dan Bingman filed against Gerry Hough. In her dismissal letter, Lawyer Disciplinary Counsel Jessica Donahue Rhodes, said the information Bingman included in his Aug. 24 complaint of Hough paying one of Bingman’s relatives to testify against him, and advertisements Hough placed in the Glenville Democrat-Pathfinder accusing Bingman of “cyberbulling,” not only failed to show a violation of the Rules of Professional Conduct, but was also time-barred.

“Nothing in those two (2) documents reflect [sic] any violation of the Rules of Professional Conduct,” Rhodes said. “Furthermore, you have not provided any proof that Mr. Hough paid Mrs. Rafferty to testify during the trial.”

“Those allegations are far too vague and unclear to discern what actions you believe Mr. Hough has taken that amount to an allegation of a violation of the Rules of Professional Conduct,” Rhodes added. “It appears you have been aware of most of what you allege in your second complaint when your first complaint was filed and two (2) years before the first complaint was filed.”

“Thus, your complaint appears to be time-barred,” Rhodes said.

Records show, Bingman, of Cuyahoga Falls, Ohio, was indicted in March 2005 by the Gilmer County grand jury on a charge of grand larceny, a felony. He was accused of stealing, and later selling farm equipment, a brush hog, valued at nearly $2,500 on Jan. 31, 2002.

However, a jury on Dec. 14, 2005, convicted Bingman of petit larceny, a misdemeanor. Bingman maintained he should’ve never been indicted, let alone convicted, since the brush hog was valued at less than $400, and sat idle for over 20 years on property belonging to his family.

In his complaint, Bingman accused Hough of suborning perjury by getting Roanna Rafferty, Bingman’s aunt, to testify falsely she had a 1/6th interest in the property. Also, Bingman maintains Hough was aware the value of the brush hog was well below the $1,000 threshold for a grand larceny charge.

The allegations raised in his Aug. 24 complaint were similar to ones raised in a complaint he filed against Hough on Dec. 20, 2007, that was dismissed a month later. However, in his response dated Sept. 8 to their dismissal letter, Bingman said ODC failed to consider two new pieces of evidence included in his recent complaint that came to light last year.

One was a title opinion that was introduced last July in a civil suit showing Rafferty did not own the 1/6th share of the property she claimed. Another was bills received in October for back taxes on the property that, Bingman said the county previously refused to let his family pay.

The title opinion and tax tickets, Bingman says, show that his new complaint against Hough not only falls within the statute of limitations, but also he had no business prosecuting him in what amounted to a family squabble.

“The new evidence in this case proves that it should not be time-barred,” Bingman said. “It proves that due diligence was not practiced and a human being suffered severely as a result.”

“A case should never be brought to court by a Prosecutor who has not used due diligence to establish the facts,” he added. “When Hough could not locate the 1/6th claimed, the court should have been notified (despite his embarrassment) a mistrial declared and perjury charges brought against the Prosecutors [sic] witness in my opinion.”

“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.”

In response to his letter, Chief Lawyer Disciplinary Counsel Rachel L. Fletcher Cipoletti said ODC was treating Bingman’s dissatisfaction of their dismissal of his complaint as an appeal and would be placing it on the agenda for the next meeting of the Lawyer Disciplinary Board’s investigative panel. Though she did not say when the next meeting would take place, Cipoletti said she would notify Bingman in writing of their decision.

When reached for a comment about Bingman’s complaint prior to its dismissal, Hough said he had yet to see it. However, he said this was Bingman’s latest attempt to retry his case.

“Every citizen has a right to complain and have their voice heard somewhere,” Hough said. “He’s been busy for the last four years reinventing the trial that took place, and his conviction, which was found by a jury of his peers guilty of larceny from his family.”

*** RGW statement regarding West Virginia Record article!

As we all know HOUGH brought false charges in this case knowingly, and it has been PROVEN Hough paid witnesses to lie on the stand and now many concerned friends and relatives even in another state are lodging complaints in Columbus that the long arm of the Crooked Crooks from Crooked County that live down by the Crooked River can reach out and put innocent people in chains and drag them across state lines even with fabricated evidence!