Hough and MARKS pull title from land record to cover for lie to jury

WACO OIL tied to CHILD PORN and SPENCER PHYSICIAN!!

By Editor Edison – CalPatty Press Editor/Hurricane Rina McCoy – Crooked County Crooks Editor/Freebird – Revenge of the Ghost Wolf Reporter

Lizzy and Lexy the BUTCHER BITCHES started the tongue down the throat FAD in Crooked County that kills an elderly man !

What a headline!

….Swear to GOD every word of this article is true and nowhere else  besides Gilmer County, WV in the entire United States of America would we even have the opportunity to tell you a story this sensational!!

This could be a story told to the grandchildren and is certainly one for the history books ….which proves once again what off the wall weird sons of bitches the Church of IKE  followers are which includes the fine elite and more famous Butcher Bitches who remind all they know that their daddy is rich during the HOT ACTION revealed in their scantly clad sexy video’s in possession of the SS of Central WV!!

Be it dude or chick the savage behavior in this photo illustrates vividly another elite raucous party like the one they had that led to rape of a 16 year old girl one winter night up hwy 33 has begun at this Butcher Bitches Breaking Bad Beach Blanket Bingo Extravaganza!

The lunatic fringe millionaire drugged out WACO Oil and Gas Wacko’s get the Gilmer County Sheriff Mickey Metz himself to guard the car of a Waco Oil Vice President who is gonna have one pissed off daddy who just happens to be the Lord of the Church of Ike when that good ole boy finds out about a certain incident down by the county line towards Grantsville.

IL the Lord of the Church of Ike is going to be awfully pissed off indeed when it is found out his son Doug Morris was fucked up on the way to his girl friends house after beating his wife, then wrecked the car and was found later to have been under the influence of five different drugs according to a police report.

You got to have your tongue down the mouth of the local cops pretty far to pull off getting  away with crashing a car .. fucked up …and then think you are going to walk!

But as time goes by, people forget in Gilmer County because that is how it is done son, so eventually the bad behavior results in no criminal consequences, but …that is how you always do it — if you are the child of an elite — in Crooked County down by the Crooked River!!

Just look at Lizzy and Lexy Butcher who brag their daddy is rich, but they forgot to tell you what a complete dick dude is! And he has done his share to create a hostile environment, which is the result of the learned skill of how to successfully buy political favors, legal or illegal, and with the biggest named politicians known in the state of West Virginia or Crooked County, West Virginia …down by the Crooked River!!! !

 “Well if you haven’t heard it before I’m a tellin ya now, Sick is what these people have become and they stick out their DEVILS TONGUE and here is a true life story to let you know it is all true and that is a fine how do you do!”

Lizzy Butcher was heard to say to her sister before she laid this kiss and tongue down the throat session on her sister Lexy Butcher
..” I just want you IN ME!”
OH MY!! This shows the public what is really going on with the infamous BAD ASS BOX BANGING Butcher Bitches!!

West Virginia State Police have arrested a Roane County physician connected to abuse of an elderly man, police saying Dr. Kenneth Seen, 51, inserted his tongue in the man’s mouth, just like Lizzy Butcher of the BAD ASS BOX BANGING BUTCHER BITCHES!! The CalPatty Press has published countless photos of LIZZY Butcher with her tongue down the mouth of more people than we can even keep track of!!

Sgt. Fred Hammack of the Spencer Detachment told media during the investigation he discovered that a significant portion of Dr. Seen’s tongue had been bitten off.

Seen has been charged with battery connected to the incident.

State Police say Seen was caring for a 77-year-old man who had dementia, Parkinson’s, and a broken hip when he stuck his tongue in his mouth.

Police said through an investigation and search warrants, it was revealed that Dr. Seen’s account of events could not have happened.

According to Sgt. Hammack, the only way Seen’s tongue could have been bitten is if Seen had stuck his tongue in the patient’s mouth.

Butcher Bitches Lizzy and Lexy love to have sex …with each other and get prepared for another lesbian incest is best encounter! Nothing like keeping it in the family. This photo was given to us by Gary Collins to celebrate …”Have another DRINK Princess Di” .. day, in honor of Diana L Butcher chasing him through the post office in twenty eleven, oh that day was just like heaven!!

WCHS-TV reported the alleged victim’s daughter, Yvonne Wright says her father lost his will to live following this incident and died just this past Friday, killed by the same actions made popular by the infamous BUTCHER BITCHES  Lizzy and Lexy the daughters of R TERRY Butcher of the Butcher and Butcher Law firm.

State police believe this incident was sexual in nature, but could only charge Seen with battery because there are no guidelines for this type of incident, according to WCHS-TV.

Police say that Dr. Seen is also a pastor in Roane County.

Police also say Seen physically assaulted a 14-year-old boy at his church, and has been charged with child abuse with risk or injury.

In a separate complaint filed by the parent of a child who attends Seen’s Christian Society of Roane County, Seen was accused of repeatedly striking a child in the back after the child did not comply with something Seen asked him to do.

Seen is in Central Regional Jail!

Lizzy Butcher in one of her quieter moments after SEX with her friend having that traditional cig and sharing her breasts with her friends!!

Dr. Seen’s sons were sentenced this year(don’t say that holding your tongue) related to charges of possessing child pornography.

“25-year-old Adam K. Seen, a former computer technician for Roane County schools, was sentenced to two years in federal prison for possession of child pornography!!”

His brother, 23-year-old Jacob Seen, was also sentenced to two-and-a-half years in prison on a child porn charge.

Both men admitted that on December 3, 2009, they possessed more than 600 images and videos depicting minors engaged in sexual conduct.

Jacob Seen admitted his collection included a video of a prepubescent minor involved in a sadistic or masochistic act or in sexual violence just like a Butcher Bitch down in Crooked County, so Roane was trying to be cool as all the folk from the Church of Ike! Yikes!!

Adam Seen worked as an information technology specialist for Roane County schools before his arrest in 2009, and now we know local IKE MORRIS WACO OIL and ASS home-boy Stanley Mclauglin who is an information technology specialist for IKE MORRIS is directly tied to these degenerate sons of bitches trying to follow in Crooked County footsteps of destruction.

Lizzy just sucked some dick and wanted to share the cum of some young guy with Butcher Bitch Lexy, but Lexy didn’t think that was really so sexy and was not as drunk as Lizzy and feeling a little dizzy when this photo was taken ….thanks to Gary Collins for this photo!

Don’t underestimate the Power of Darkness!!

The Church of Ike members are into DRUGS, ripping people off in the oil business, and child prostitution and pornography with their connection through WACO employee Stanley Mclauglin who has former dealings with and direct ties to Adam K. Seen, a former computer technician for Roane County schools!!

Information revealed in an interview earlier this morning indicates the CHURCH of IKE working with Gerald B Hough fully endorsed all the property stolen involving the infamous missing 1/6 from the Travesty of Justice case, and ALL DONE with the help of BM – Beverly Marks, former County Commission Clerk, who we heard today had her eventual successor Jean Butcher  doing some of the dirty work   ..like pulling the Deed from the LAND BOOKS  of the missing 1/6th to cover for the lie told to a grand jury and trial jury by Gerald B Hough Gilmer County Prosecutor!

Those Butcher Bitches when they are BREAKING BAD are some BAD COMPANY!!

Lexy Butcher with her party butt showing …keeping up with the Butcher Bitches tradition of debauchery just like their mom Nasia Butcher the principal of Gilmer County High School! NAY SHA BABY!! She taught her daughters, and she taught them well, with her tongue down their throats all the way down to the Church of IKE HELL! BAD COMPANY until the day I die!! Dirty for Dirty!!

GFP releases PRESS RELEASE from office of WV Secretary of State — Tennant: Military Voters And Their Families Deserve Our Best Efforts

By Rina McCoy – Crooked County Crooks Editor/ Editor Edison – CalPatty Press Editor

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Military voters from West Virginia have many options to make sure they exercise one of the most sacred American rights: the right to vote.

“Deployed military voters and their families deserve both our respect and our best efforts to make sure there are no barriers keeping them from voting,” Secretary of State Natalie E. Tennant said. “I have said that our democracy is only as strong as our most vulnerable voter. A deployed military member, who may be overseas defending our right to vote, should never be our most vulnerable voter.”

A new law that allows returning military members to register to vote up to the day before an election goes into effect June 8. Tennant’s office supported the bill as part of their continuing push to assist military members and their families exercise their right to vote. Voters who are covered under the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) of 1986 and who are deployed in support of national security functions would be eligible for the late voter registration. Tennant said the number of voters who would be eligible for this option is small, but they represent a very important segment of our population – men and women of the armed services and their families.

The Secretary of State’s Office, because of dedicated efforts to serve military voters and their families, also recently was awarded a $500,000 Electronic Absentee Systems for Elections (EASE) grant from the Federal Voting Assistance Program (FVAP). This will allow military and overseas voters to participate in online ballot delivery, which will provide quicker access to their ballot and increases the percentage of ballots that are returned in time to be counted.

A UOCAVA voter can also utilize an absentee ballot tracking feature which allows them to monitor the progress of their ballot. A voter will be able to see when their ballot was received by their county clerk and also make sure that their ballot was counted.

The West Virginia Secretary of State’s Office also plans to take part in the 2012 Heroes Vote Initiative, which is a one-stop online database that makes it easier for deployed military members and their families to find out voting information.

Just looking at the photo of Natalie Tennant is enough to want to make me stick my finger down my throat. She has proven to be an inept and corrupt politician.

It is very likely that the Gilmer County Commission Clerk JEAN BUTCHER was not truly elected to office, for the recording modules in the electronic voting machines came up missing. Normal procedures, from other elections was broken under the guidance of one of the most dishonest and corrupt Commission Clerks in the history of West Virginia Beverly Marks who is also commonly referred to as BM for obvious reasons.

Can anybody answer the question as to why Beverly Marks is not in jail for hiding deeds and getting caught doing it?

The first answer to that question is a corrupt and dishonest Sheriff that LIED about his credentials for 8 years in office and then had the nerve to submit a PHONY document to run for office that was backed up by Sandy Pettit and Natalie Tennant.

Gilmer County is a REAL LIFE made for TV movie and HORROR SHOW, and what are we as citizens doing about it?

Gilmer FREE PRESS Publishes Anatomy of a CRIME in a Gilmer County Hell Hole!

G-LtE™: Anatomy of a GILMER COUNTY CRIME – A HELLHOLE

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In this first document there is clear evidence that the THREE WOOD COUNTY bank accounts totaling over $125,000 recognized in the first accounting with one cd account worth $14,000 dollars were all cashed out by the executrix Rosa Belle Gainer against the express wishes of Albert J Woofter.  As, soon as ALBERT J WOOFTER was dead with the unsigned Power of Attorney paper work on the night stand as they were taking his lifeless body away, Gainer liquidated all the accounts and put it into one bank account where R TERRY BUTCHER her employer had control of the day to day actions. The amount deposited was $73, 352.50.

SO, we have a paper trail that proves that $125,000 was cashed out of three accounts, and only $73,352.50 was deposited in the bank in Glenville where R Terry Butcher is on the board. Another conflict of interest.

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Evidence shows that there were three accounts with an excess of $125K and GAINER put it all in one account that the “Benny” only got seven thousand from after Gainer and the B& B Law firm pilfered the estate.

There was no accounting from 1994 until 31 Dec 2006 against WV LAW.  The Butcher and Butcher law firm broke the law and a call was placed to office of VANCE GOLDEN a commissioner in Wood County as to WHY he allowed Timothy B Butcher and R Terry Butcher to break the law and steal money from the estate.

For five years, lawyer after lawyer sent letters to Gainer and Butcher requesting their client have an accounting entitled by law, but the B& B law firm would not take calls and did not respond.

While doing the final accounting Tim Butcher paid himself as much as $10,480 per day, and those documents will be provided in a further publication and some of it has been published in the past, so a Google search may turn up some evidence.

Butcher wanted to make sure that when the account was settled the law firm had already used up the money that was in the bank account which was a situation certainly against the wishes of Albert J Woofter.

Margaret Kreiner, an attorney in Ohio wrote letter after letter stating that they were not adhering to the wishes of the deceased according to the will.  But, the Butchers obviously had Judge FACEMIRE and a few other WV Judges in their pocket, so why should they worry. Kreiner for two years wrote to Gainer asking that Butcher be fired as per wishes of Ruth Woofter and the Guardian. All these letters were ignored by Rosa Belle.

The second document is only shown to establish that according to their own paper work at the Butcher and Butcher law firm, the fact is and was that Rosa Bell Gainer IS NOT A RELATIVE – THEREFORE SHOULD NOT HAVE RECEIVED A PENNY IN THE DISTRIBUTION OF FUNDS FROM THE MISSING 1/6th.

Beverly Marks, the Gilmer County Clerk, distributed money to people RUTH WOOFTER had not seen or heard from in over 30 years and many like JACK GAINER the son of Rosa Belle Gainer and Rosa Belle herself were not even related, but money was sent to them anyway.

The GILMER COUNTY SHERIFF METZ not only ignored our documented complaint, but threatened to have me arrested if I were to investigate, “Any more of his people”

When an entire town and county is involved in this kind of crime that was protected by the local state police and Governor Manchin, now a US Senator, really how does one proceed?  Should we follow their lead and take the law into our own hands?

YOU DECIDE!

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As to Item 7 BENEFICIARIES (SEE INSTRUCTIONS PAGE 13

The listed “Benny’s is for the AJ WOOFTER ESTATE and HAD NOTHING to do with the missing 1/6 of surface property that is on the Calhoun/Gilmer County line West of Glenville on highway 5.

It was clearly established by their own paper work from the Butcher & Butcher law firm that ROSA BELLE GAINER now known as Gainer – Cunningham was NOT a relative yet it was GAINER that received CASH for the missing 1/6th and NOT the immediate family, that had been supporting Ruth Woofter and giving her a home to live in, plus paying for medical care and all taxes.

JACK GAINER, Rosa Belle Gainers son also received cash from the sale of the missing 6th and if Rosa Belle is not a relative, then her son is not either.

THE Missing 6th was not controlled by the estate and the guardian for Ruth Woofter lives in OHIO, and so did RUTH WOOFTER and NO DISTRIBUTION of her funds should have been made from the state of WV. Gilmer County was only supposed to approve the sale so she could use the money for medical help.

Tim Butcher and Beverly Marks both committed a crime with a witness present that will testify, when they disobeyed a court order to sell the property for much needed medical care and PULLED THE TITLE from the land books.

Sheriff Metz never had any intention of doing the right thing, instead attempted to cover the matter up with threats.

WHO MADE UP THE LIST OF PEOPLE TO RECEIVE MONEY FROM THE MISSING 1/6th hidden and pulled from the land books? Beverly Marks? If so, she should be immediately arrested, and the Sheriff should be removed from office.

THIS IS A CRIME not only ignored by the SHERIFF as if, the matter did not exist but also ignored by the WV STATE POLICE TOO because the final decision maker, the chief counsel from the State Police is from Glenville and directly tied to IKE MORRIS!

These documents are all evidence of a cover up and Gainer and the Butcher and Butcher law firm STOLE money from honest citizens from out of state and did it with the help of Beverly Marks the County Commission Clerk and the GILMER COUNTY COMMISSION ORDERED IS HEREBY ORDERED TO PAY THE MONEY or be held accountable for being accessories to a crime and civil action with penalties.

Timothy B Butcher had no legal right to interfere with that title, but it also was needed in a WV SUPREME COURT CASE and the result was the complaint NO 178- 2011 filed against Justice Jean Davis who certainly has no explanation as to why only 5/6 of the property in dispute was moved forward from circuit court against the rules of legal procedure.

By this proof alone the family that was supposed to receive funds feels they have enough evidence to have MARKS arrested, but when the matter was brought before the state police they refused to press charges, so the matter went before the counsel for the State Police, Virginia Lanham, and now we have discovered her father was a personal attorney for IKE MORRIS Clearly there is corruption in Gilmer County and the clearly the State Police have acted in an irrational and illegal matter.

In fact the state police tried to press charges federal charges against me for making the complaint.

“When LAW ENFORCEMENT becomes a political entity like the WV State Police then AMERICA can no longer be AMERICA and this seems to be the situation for the state of West Virginia!”

Bill Grottendiecks daughter is Virginia Lanham who was the chief counsel for the state police when I filed my complaint with Major Ingold.

Bill Grottendiecks was IKE MORRIS’ number one attorney for over 20 years.

Lanham was the one that decided if my complaint over the missing 1/6th was accepted.

Major Ingold and Lanham more or less ignored the evidence on the recommendation by Lanham, but by the virtue content of the letter he wrote in response, all of the facts are wrong — so by that evidence alone, their execution of the action, would on the surface appear malicious and in bad faith. But, that’s how they do things when it pertains to Gilmer County West Virginia, the POSTER CHILD for West Virginia’s legal hell!

So the title opinion, and back taxes has not been accepted as a complaint or even acknowledged, officially, by ANY agency in West Virginia, and Ohio law enforcement, and everyone else thinks that is pretty weird, but now that I know LANHAM the chief counsel for the State Police is Bill Grottendiecks daughter, it all makes a lot of sense.

Unfortunately the real criminal in this situation is the lawyer LANHAM from Glenville that represented the State Police  as chief counsel and some Gilmer County public officials and of course the County Commission Clerk Beverly Marks.

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Marks was written a letter in July asking her to comply on the sudden reappearance of the missing 1/6th:

July 12

Beverly,

I spoke with Judge Spicers office today regarding the 1/6th of surface property in Dekalb owned by Audrey Ruth Woofter my aunt, a piece of property I paid taxes on myself, since my mother has broken her hip and didn’t work. Ruth never worked or held a job and had no income.
I explained to the judge’s office that I had a witness that was present when you called Tim Butcher and asked him what to do. The witness said, that Butcher told you to not do anything with the court order from Spicer.

I am talking to an officer of the court by cell phone as I am writing this to you. Spicer is an old family legal name around here and the judge is retiring at the end of the month. We asked him to take action before he leaves office

You ignored the judge’s court order and my aunt did not get the medical treatment she needed because you shelved the court order on order from Butcher who was city attorney and had nothing to do with this case.

Since you shelved the court order and took no action, my aunt could not get the medical treatment she needed for she needed the money from the sale and she died in Ohio.

The judge’s secretary asked me to file charges in WV and I laughed until I nearly cried, for we tried that and got no response from Metz which they actually did not believe. It was an uncomfortable moment, but I assured them it was true.

I will be back in touch with the judge’s office tomorrow and will be talking to the judge after he is fully briefed to ask him what sort of action should be taken. He was not happy you ignored the order and Audrey Ruth Woofter died on Xmas day.

Also, you took it upon yourself to distribute the funds from the sale after the death to heirs Ruth had not seen in over 30 years or so much as sent her a Xmas card. I reviewed the will and this was not the wishes of Albert J Woofter.

Further, matters were clearly stated in the will.

I explained to all concerned of your connection with Timothy B Butcher who pilfered the estate, and we have a serious issue with that. We have a witness that stated you always conferred with Butcher as, “What to do!?“

What you did was not legal, and we have evidence of you having committed similar acts in the past.

If for some reason any of these facts are incorrect, and/or you dispute the testimony of an eye witness, then I suggest you cooperate fully with authorities. You may want to speak with an attorney, at this time.

I have the list of heirs along with the title opinion that was also absent from the courthouse records when requested. We will ask you how you came by that list, and also why you did not go by the wishes of the Albert J Woofter will which specifically stated that all assets were to go to Ramona Bingman.

Rosa Belle Gainer was not a relative to Audrey Ruth Woofter, but yet we noticed she received money illegally from your transaction. So did her son.

How did she get on your list of heirs? Where did you get the list did you just make it up, who helped you with this alleged criminal action?

Ramona Bingman was the registered legal guardian, and had been for years. This was proven to Butcher ten times over, and it is matter of record here at the courthouse, and clearly it was established as fact today.

You decided to, “Make up your own rules” down there in Glenville, and really isn’t that how you always do it!
And this is a PUBLIC NOTICE TO BEVERLY MARKS PROVIDED BY AN AMERICAN FREE PRESS

Beverly Marks, YOU are to contact me immediately in regard to the MISSING 1/6th which you had no right to sell. You were given an order to sell that property while RUTH WOOFTER was alive and you hid the title instead which is criminal. While waiting for the money from the sale for medical care, RUTH DIED ON CHRISTMAS DAY, and as far as I am concerned you are implicated in a wrongful death and so is everyone that helped you who includes Tim Butcher and Sheriff Metz who attempted to cover up the matter and refused to investigate the allegations.

I spent 15 hours on the paperwork dating back to 1994 recently. I spoke at length with my attorney, who was hired for that purpose of reviewing all the documents, and then he attempted to speak with the Butcher&Butcher Law firm on our behalf, but rarely got any response at all. And then,  when he sent proof of the affidavit that proved who the legal guardian was Dianna L Butcher LIED and said they never received the document, but being of above average intelligence sent the document signed return receipt requested, signed and dated by Dianna L Butcher which proves that she lied to our attorney and got caught.

“But, that’s how you always do it in Gilmer County!”

You need to call your attorney for we are going to be filing criminal charges against you and or bringing civil action in US District Court for compensation and also for punitive damages, unless of course Gilmer County wants to settle this suit. But, we know how they are from years of experience, extremely dishonest just like you Beverly Marks.

It clearly states in earlier paper work that Rosa Belle Gainer Cunningham is not a relative, yet you gave her the money from the sale of the property!

You got a court order to sell the property in 2005—but you did not sell it! You pulled the title from the land books like a common thief and you did it on order of Tim Butcher who had nothing to do with that property. What you did is a crime Beverly Marks and you are going to pay for it with as much jail time as we can possibly get you in an honest court, which certainly could never be a Gilmer County Court.

R Bingman was the legal guardian, and all the papers are in order. But YOU BLOCKED the sale until after RUTH DIED when it was her money, but then you abused your position as clerk and gave the money for the property that was not yours to some friends of yours. I would love to discuss this matter with you ASAP – so call me, everyone has my number. I want to see you face to face about this concern as soon as it can be arranged.

Sincerely
Dan Bingman
(Signature on file)

RETURN RECEIPT REQUEST IS in reference to text below:

During the entire time the Butchers were in control of the AJ WOOFTER estate they pulled every dirty trick in the book and just sat back in their big leather chairs and weathered out the storm protected by Judge Facemire and the Elites, and kept saying they had no documentation that R Bingman was the legal guardian of RUTH WOOFTER and her primary care giver and her niece that supported her, and provided her with food clothing and shelter for as long as I can remember.

An attorney from Cleveland and licensed to practice in New York is also a federal attorney and could no longer take the stalling tactics of the Butchers, so for an hourly rate which was rather costly provided all the paper work AGAIN that the Butchers needed to prove who the legal guardian was.

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This receipt is signed by Diana L Butcher, but then the estate was held up for almost an entire year after the date on the signed receipt because the Butcher and Butcher law firm said they never received the documents which everyone knew was a complete and total lie. The last day Butcher had control he took more than ten thousand dollars out of the cash account which was three thousand more than the actual beneficiary got and that is just plain a crime. Butcher took 38,000 dollars from the estate in FEE’s he never earned in the last 90 days.

Another attorney by the name of Roger Curry had to be hired at a cost of $10,000 dollars because Butcher refused to cooperate with the out of state attorney, as he did with the four previous attorneys hired.

Rosa Belle Gainer – Cunningham got more than the 3% allowed by law for being an executrix and in some states could have been jailed for being an employee of Butcher and Butcher while being the executrix also, and then just taking more than the 3% allowed. This is a clear conflict and we believe by proven documents that Gainer committed embezzlement and fraud along with Butcher and Butcher and they should be arrested.

All documents are on file at the office of Vance Golden or at my home office, if any person wants verification of facts, I will do all I can to see they get the documents for review.

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Why are public officials in Glenville allowed to break the law?

Who believes that R Terry Butcher and Timothy Butcher should be placed under citizen’s arrest, and then immediately and escorted to jail for stealing money from an elderly mentally challenged person as Ruth Woofter.

Audrey Ruth Woofter was my aunt, and myself and my entire family loved her. I can remember her from the early days in WV since I was three years old. The actions in Gilmer County killed her as far as my family is concerned, but please review the facts and draw your own conclusion, and then let’s put these people in jail where they belong.

~~  by Daniel Bingman ~~

The first thing that brings a huge RED FLAG is the fact that Charles V Renner just allowed his secretary to make a transaction and a highly illegal one if I read this correctly.

That is not allowed.

For those from Wood County know Mr Renner never made it out of the hospital, and died right around the time of the document published in this article.

My Uncle was one of the Wood County Commissioners that signed off on the estate.

Anybody that is anybody from Glenville knows that the Butchers made their living by stealing from estates, and if heaven were to release some secrets, this sort of illegal procedure got by the right people time and time again in Gilmer County.

People in the know are aware that some of the money from this estate was supposedly donated to GSC, but it obviously was not theirs to donate.

I vote for immediate arrest, and I think it is time Sheriff Metz resigned. This is just one too many times he has been involved in criminal activity.

By Gilmer County Schools Coalition member on 12.20.2011

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All estates B & B have been involved with should be identified and there should be a comprehensive investigation to determine if there was a history of estate pilfering. Also, this GFP posting should be reported to Rachael Cipoletti (rfcipoletti@wvodc.org ) at the Bar’s Office of Disciplinary Counsel(ODC)to observe how it deals with a complaint against lawyers. There probably would be a response that there is insufficient evidence, the statute of limitations has passed, misconduct did not rise to a level to merit discipline etc. Why have G. Hough and Metz failed to investigate the alleged crime? Does a citizen have to file charges before they are authorized to act or are they afraid to take on the Butcher’s? We need answers because this report relates to corruption in the County, and there is little wonder why citizens are afraid to take stands when there is evidence that the rich and powerful receive preferential treatment.

By Ralph P. Ayles on 12.20.2011

From the entry: ‘G-LtE™: Anatomy of a GILMER COUNTY CRIME – A HELLHOLE‘.

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This article needs to be published in the Braxton paper. I have went through the same thing in Sutton court. Facemire should also be prosecuted if he did wrong in this. I had an attorney in Sutton that was dishonest, knew the other side ,went against me{my own attorney}because he did not want to go against other attorneys. This attorney has also practiced with Butchers.If you are honest in Braxton County court your in trouble. They go for the nasty, dishonest, thieves and liars. What a shame!!

By Anonymous on 12.20.2011

From the entry: ‘G-LtE™: Anatomy of a GILMER COUNTY CRIME – A HELLHOLE‘.

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Once all the research is complete using the documents from Mr. Armontrout, all the criminal activities by the Butcher & Butcher’s as well as Beverly Mark’s office will be revealed for the feds to see. Innocent people have had enough of this group of crooks. Their time is coming.

By WatchDog on 12.20.2011

From the entry: ‘G-LtE™: Anatomy of a GILMER COUNTY CRIME – A HELLHOLE‘.

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To Ralph,

In reference to: his GFP posting should be reported to Rachael Cipoletti (rfcipoletti@wvodc.org ) at the Bar’s Office of Disciplinary Counsel (ODC) to observe how it deals with a complaint against lawyers…

Cipoletti proved herself to be as corrupt or more corrupt than the worst of the worst in Charleston by not accepting evidence against Gerald B Hough that proved criminal intent and no due diligence used. YOU are CORRECT she would have just made up an excuse and the best article written about such matters was written by our own PHD Carl Armour yesterday. It was right on point with the problems, please review that article.

Carl covered all the pertinent area’s that proves that attorneys in West Virginia are above the law and the stick together to make it all happen.

By Gilmer County Schools Coalition member on 12.20.2011

From the entry: ‘G-LtE™: Anatomy of a GILMER COUNTY CRIME – A HELLHOLE‘.

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WV SUPREME COURT JUSTICE DAVIS IS ALL HOPPED UP ON GOOFENTHAUL AND A COMPLAINT WAS FILED WITH THE JUDICIAL INVESTIGATION COMMISSION!

By Hurricane Rina McCoy — Cosmos Communicator Editor

Chief Justice Robin Jean Davis of WV arrogant, and ethical gremlin and a certified moron?

Unfortunately for West Virginians, Robin Jean Davis became a justice on the West Virginia Supreme Court of Appeals in 1996 and remains on the bench as of this writing. Justice Davis’ so-called lawyer husband, Scott Segal is a plaintiff’s lawyer (ambulance chaser) who focuses on mega-lawsuits against deep-pocket corporations, many of which appear to be frivolous to the nth degree.
Since her ascension to the West Virginia Supreme Court, Justice Davis has helped in making West Virginia almost heaven for trial lawyers – including of course her hubby Scott.
Robin and Scott were severely criticized in regards to a case in which the West Virginia Supreme Court ruled that plaintiffs who claimed possible exposure to toxic substances (asbestos, etc.) could collect large sums from corporate defendants for lifetime medical testing. Hey Scotty — would you support free lifetime colonoscopy testing for victims of judicial misfits like your wife Robin, and ambulance chasers like yourself?
 
Shortly thereafter, Scotty became involved in a lawsuit seeking such medical monitoring on behalf of healthy smokers. Justice Davis dismissed any suggestion that she should have recused (withdrew) herself from the case by noting, “There’s not a personal-injury case that comes before this court that at some point, some time, couldn’t affect my family.”
Now, this is one arrogant simpleton! Apparently, this nitwit is incapable of comprehending the meaning of the term “conflict of interest.” Where does she get off thinking she has a right to judge cases that involve her husband? Since she’s married to this ambulance chaser, we must presume that she shares in any booty (fees) that he collects via court approved extortion of deep pocket defendants.
 
The Segal Law Firm
This firm was formed on Nov. 6, 1996, when Robin, one of its founders was elected to the Supreme Court.
 
This celebrated ambulance chasing firm has the chutzpah to claim it was formed “to serve the needs of the working men and women of West Virginia.” This is pure bunk. It was formed to take advantage of Robin’s new position of influence, and to enrich Scotty (Robin gets half as a wife) and the other attorneys while they troll for alleged victims in pursuit of ripping-off deep pocket corporations.
On his website, Scotty has the chutzpah to spin the following hyperbolic (BS): “Few catastrophic injuries are the result of fate. Law, engineering, science and medicine are the tools which we stop the irresponsible.” Hey Scotty Baby, what tools would you personally recommend to prevent Judicial Misfits such as your wife Robin from inflicting on the good citizens of West Virginia? Would an industrial strength inversed chastity belt receive your stamp of approval Scotty?
Chief Justice Robin Jean Davis’ Total Lack of Ethics
It is obvious to this writer that Robin lacks the intellect to appreciate what a “conflict of interest” really is. For this ninny to assert that there isn’t even the “appearance” of a “conflict of interest” when she sits in judgment of cases involving her husband’s financial interests is an unmitigated falsehood and she knows it.
This is akin to believing that there would have been no conflict of interest had the late President of Uganda, Idi Amin been employed to give an honest critique on the rather novel dining habits of Jeffrey Dahmer.

 Complaint Filed with WV Judicial Investigation Commission

Judicial Disciplinary Counsel

Compo No. 178-2011

City Center East, Suite 1200 A
4700 MacCorkle Ave. S.E.
Charleston, West Virginia 25304

BEFORE THE
JUDICIAL INVESTIGATION COMMISSION
OF WEST VIRGINIA

COMPLAINT CONCERNING A JUSTICE, CIRCUIT JUDGE, FAMILY LAW MASTER, MAGISTRATE, MENTAL HYGIENE COMMISSIONER, JUVENILE REFEREE, SPECIAL COMMISSIONER OR SPECIAL MASTER NAME AND ADDRESS OF JUDICIAL OFFICER:

Justice Robin Jean Davis who served as CHIEF JUSTICE in September of 2007
(in care of Address is above)
NATURE OF COMPLAINT:

CHIEF JUSTICE Robin Jean Davis brought forth FALSE FACTS that were NOT in the COURT RECORD in her majority opinion filed: October 26, 2007 – My first complaint is that DAVIS only recognized 5/6th of the property. WHY is that 6/6 makes the total property in dispute not 5/6 and that has got many and educated attorney wondering why someone with her authority would even think of signing a document with FALSE FACTS -The l/6th in question has been deemed the missing” l/6th and if you google the “Missing l/6th” you will find many articles on the unlawful acts committed regarding property that my family owned NOT MY UNCLE ROGER RAFFERTY!! (Continued)
YOUR NAME AND ADDRESS:

Daniel B Bingman 130 Hollywood Ave, Cuyahoga Falls, Ohio 44221

TELEPHONE NO. (330) 926-9116
This attached Affidavit must be signed by you before a Notary Public as a part of this complaint. Please mail complaint to the address shown at the top of this page.
Page Two Nature of Complaint Continued

The first question asked by myself and consulting attorneys is didn’t Justice Davis read the court record? She can only go by the court record and she obviously did not bother to read it which makes her extremely irresponsible and certainly NOT WORTHY of serving as a Justice of the Supreme Court.

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In her majority opinion DAVIS has me moving old used rusted farm equipment that sat on our farm since 1980 when the court record clearly shows that I NEVER MOVED it or even ever touched the equipment. The equipment was moved by Danny Nub Marks of Bull River Rd in Calhoun County, a state witness in my case who was recently arrested for a DUI at three times the legal limit while in possession of loaded weapons in the car. Shirley Ball another state witness in my case also committed perjury and may be under arrest soon for making false police reports showing once and for all her unsavory and dishonest character. Google Shirley Ball, Millstone Inn and you will come up with several newspaper articles on the matter. Marks did not have permission to move all of the equipment just the brush hog which Gerald Ball who was my former employer was going to fix . If there is no record in the court record why did Davis represent the opinion to the other justices voting on the case. A fact hidden was the fact that Gerald Ball knew me well, and I was employed by him by my god given name Dan Bingman and I have the check stubs to prove it. Gerry offered me help, since our whole shift had just been laid off and I was on unemployment from his company Telecon. I had just signed a contract with CUMULUS BROADCASTING at the time of my arrest and was trying to report to my new radio show when I was arrested on felony charges that were proved to be false.

It is an interesting fact the misdemeanor I was convicted of, I was never charged with against my constitutional rights. If I had been charged with the misdemeanor I was convicted of, it would have been time barred, and Gerald B Hough would not have had a case, and that is why he had Marilyn Matheny LIE ON THE STAND about the value of the 24 year old used rusted farm equipment, so he could charge me with a felony.

Ohio authorities that have looked into the illegal extradition and my case, and have reviewed all the facts, have expressed a concern that Matheny has not been arrested and sent to prison once the evidence that F JOHN OSHOWAY SUPPRESSED was discovered and the evidence brought before the West Virginia state police. When MAJOR INGOLD refused to bring charges a complaint was filed with the US ATTORNEY and the matter was accepted and sent to the special litigations unit.

If there is no record in the court record of me touching or moving the equipment why did Davis represent the opinion to the other justices voting on the case that I moved the equipment from an adjacent 100 acre property not part of the circuit court case, not only mentioned, but definitely not true. That equipment was never on that 100 acres, which was never in the court record so where did she get that information. The 100 acres mentioned was never part of the case at all. It was suggested that DAVIS got that information from Robert Goldberg and his brief to the WVSC. Goldberg said I moved the equipment when I never touched it, so how can these facts be presented when they were not in the court record.
PAGE THREE Nature of Complaint against JUSTICE DAVIS continued.

Do I have to be the one to tell you all that you can only use testimony from the court record in deliberations, not untrue hearsay brought forward by a very irresponsible pompous Asst attorney general like Goldberg? You would think with all that law school DAVIS could comprehend the basics.

In the court record Roanna Rafferty testified to the fact that she owned the l/6th that has been hereby deemed the missing l/6th and I have to ask why that is not in the opinion. I am submitting as evidence testimony from the court record that former Chief Justice Davis obviously did not even bother to read. Included as evidence is testimony from a Roanna Rafferty who HOUGH made the jury believe was a VICTIM. Rafferty was NOT A VICTIM and Hough paid her to lie on the stand. In fact Gerry Hough brought Rafferty all the way from Florida when in actuality she had nothing what so ever to do with the case. I am also submitting as evidence a TITLE OPINION that proves Rafferty had no interest in any of the properties before the court and when Gerald B Hough convinced the jury she was a victim, truly the whole court case was tainted from that point on and should be dismissed. Hough DID NOT use due diligence as evidence fully proves, or do y’all even go by evidence down there at the Supreme court, for by the actions of Justice Davis it appears that you do not. When I recently filed a complaint against Hough all of this evidence was completely ignored. Can you explain why an office that represents the Supreme Court completely ignored this evidence and unlawfully did not accept this evidence or even acknowledge its existence against my constitutional rights? My constitutional rights were violated severely by my own defense counsel when he never informed me of my statute of limitations on a misdemeanor. Oshoway had to know, or he really is an incompetent attorney that has had over 25 complaints filed against him with the office of the ODC and he has not had one reprimand and no judgments against him. I plan on contacting every person that filed a complaint against him and discuss those issues for publication of my latest book; GILMER COUNTY-The POSTER CHILD for West Virginia’s legal hell!

I have documented more misconduct involving corrupt officials in Gilmer County than can even be believed at this point. I find it shocking that attorneys in West Virginia can break the law and have the unlawful acts sanctioned by the circuit courts and the West Virginia Supreme Courts and even the ODC.

I can now prove this nauseating discovery via court record and court documents, along with testimony, and affidavit. In her opinion Justice Davis states “That on his property near his home Roger Rafferty had ..“ IT WAS NOT HIS HOME we had an equal 3/6th shares in the property and this matter was hidden by the jury when the title was actually pulled from the land books. Even more truthfully, it was my home, since I had been living there for more than a year and Ramona Bingman was in control of 3/6th. She also testified to that effect in the court record. It appears to any reasonable person that Justice Davis did not take the time to even read the court record and the result was my entire life and career has been destroyed for her wrongdoing. Davis proved herself to be completely inept.

We were just billed at this address for back taxes for property Chief Justice Davis said in her Majority Opinion that we did not own. That is a serious situation and when brought to the attention of the
Page four Nature of Complaint against JUSTICE DAVIS continued.

Gilmer County Sheriff he threatened to have me, “Picked Up” if I were to investigate any more of, “His people!“

The threatening phone call by Metz was recorded for possible future law action, but all WV law enforcement authorities refused to look into the matter even when the sheriff Metz stated in front of witnesses that just as soon as he see’s Dan Bingman he is going to knock him out. I recently discussed this matter with the regional head of the FBI in my state. Metz is a black belt in Karate which made the matter a deadly threat, but being threatened by attorneys or public officials is widely known as common place now in Gilmer County and supported by the West Virginia ODC and Supreme Court.

Please find the billing for the back taxes included as evidence. The evidence of title opinion and back tax billings should reset the two year statute on the complaint according to a phone meeting with SKIP GARTEN in 2010, since all evidence being presented in this complaint is NEW EVIDENCE that has been discovered since the court case. Also find a CD which was a recording made at Lemon Equipment 18 months before the trial in which the appraiser for Lemon Equipment, John Lemon actually gives the total value of the old used rusted 24 year old farm equipment as $390.00 – Matheny LIED about the value to a grand jury in March of 2003 and told Gilmer County authorities that the equipment had a value of $2498.00 which got me indicted on a GRAND LARCENY charge that turned out to be false. If the JIC is going to condone these types of actions and endorse the misconduct of then Chief Justice Davis, well then the people of West Virginia need to be informed of a possible very corrupt situation in their state.

But what I really want some attention brought to is the matter of the statement in the majority opinion where Davis says I was sent to PRISON for a misdemeanor charge which greatly has affected my 30 year broadcast career since this information is widely available on the internet. Since when are people sent to prison for misdemeanors and why would Davis mention that in official documents.

Davis has brought great harm to myself by not taking facts from the court record and would be advised to read the dissenting opinion authored by Justice Albright and endorsed by Justice Starcher who see the situation the same as i do.
December 7th 2011

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Two other justice did not agree with DAVIS when the final decision was made after languishing in the West Virginia Supreme Court all of 2006 and most of 2007.
654 S.E.2d 611

No. 33299 _     State of West Virginia v. Daniel B. Bingman
Albright, Justice, dissenting:

I respectfully dissent from the opinion of the majority of this Court. Indeed, as the majority recognizes, this Court’s decision in State v. Boyd, 209 W.Va. 90, 543 S.E.2d 647 (2000), specifically governs this case. However, in my judgment, Boyd is unabashedly wrong. Prior to Boyd, this Court had declared explicitly as follows:

Where, in a criminal prosecution, a conviction for assault and battery is had under an indictment charging the defendant with the commission of a felony, under Code, 61-2-9, which indictment was not returned within one year after the offense charged in the indictment was committed, the conviction is barred under Code, 61-11-9, and is void. . . .

Syl. Pt. 6, in part, State v. King, 140 W.Va. 362, 84 S.E.2d 313 (1954) (emphasis supplied). The King precept remained steadfast and was applied in State v. Leonard, 209 W.Va. 98, 543 S.E.2d 655 (2000), a decision filed by this Court on the same day Boyd was filed. In Leonard, this Court stated: “Our decision in King joined an overwhelming majority of courts that hold a defendant cannot be convicted of a lesser offense upon a prosecution for a greater crime commenced after the statute has run on the lesser offense.” 209 W.Va. at 101, 543 S.E.2d at 658.

Despite the King assertion that a conviction is void under the identified circumstances, the Boyd decision created an exception which permitted a conviction to stand where the defendant requested an instruction on the lesser-included offense. Specifically, syllabus point three of Boyd provides as follows: “When a defendant is not indicted within one year of the date on which an offense is committed but requests the circuit court to instruct the jury on a time-barred lesser included offense, the defendant by that act waives the statute of limitations defense contained in W.Va.Code § 61-11-9.” (Emphasis supplied). The Boyd Court reasoned that “[t]o hold otherwise would allow defendants to sandbag trial judges by requesting and approving an instruction they know or should know would result in automatic reversal if given.” 209 W.Va. at 94, 543 S.E.2d at 651.

There is merit to that argument regarding legal sandbagging to the extent that the decision to request consideration of a lesser included offense could have been utilized as a trial tactic, with a defendant essentially hedging his bets by seeking the benefit of conviction of a lesser included offense rather than a felony, with the secondary plan to attack the conviction on a statute of limitations claim should the jury take the bait. In that situation, as recognized by Boyd, a defendant would essentially be petitioning for consideration of the lesser included offense and thereafter seeking reversal based upon his own invitation. Therein lies the problem identified in Boyd. The failing in Boyd is not in its identification of the issue but rather in its resolution.

The underlying inconsistency between introducing the possibility of conviction on a lesser included offense and thereafter professing the illegality of the conviction under the statute of limitations has been recognized by a myriad of courts dealing with this situation. In People v. Nunez, 745 N.E.2d 639 (Ill. App. 2001), for instance, the court observed that “asking the trial court to consider a lesser included offense might generally be considered a trial tactic[.]” 745 N.E.2d at 646. However, “when that tactic includes a decision to waive the statute of limitations, the record should reflect that the defendant consulted with defense counsel about the decision to waive the statute of limitations and agreed to the waiver.” Id.

[W]hen the statute of limitations has expired on that lesser included offense, the trial court may find defendant guilty of that lesser included offense only when the decision to submit the lesser included offense to the trial judge for consideration and thereby waive the statute of limitations is a product of the defendant’s informed consent. The right to waive the statute of limitations is the defendant’s right.

Id. (emphasis supplied).

This same principle was acknowledged in People v. Brocksmith, 604 N.E.2d 1059 (Ill. App. 1992). “While the proffering of jury instructions might generally be considered a trial tactic, when that decision includes a decision whether to waive a statute of limitation, the defendant must be consulted.” 604 N.E.2d at 1066. The Brocksmith court specified that “[t]he right to waive the statute belongs to the defendant and should not be assumed from the action of counsel in this situation.” Id. (emphasis supplied). An additional element in Brocksmith was the recognition that the act of waiving the protections of the statute of limitations “cannot be considered a sound trial tactic when defense counsel admittedly did not know that the period had expired. He cannot make a reasoned decision without knowing the facts. Nor can the defendant be deemed to have made a knowing waiver of the period.” Id. The Brocksmith court concluded its analysis with the assertion that “under these facts, defendant was denied his constitutional right to effective assistance of counsel.” Id.

In Cowan v. Superior Court, 926 P.2d 438 (Cal. 1996), the California court generated a comprehensive discussion of the intricacies inherent in this issue. The court initiated its analysis by examining the critical difference between waiver and forfeiture. “Over the years, cases have used the word loosely to describe two related, but distinct, concepts: (1) losing a right by failing to assert it, more precisely called forfeiture; and (2) intentionally relinquishing a known right. ‘[T]he terms “waiver” and “forfeiture” have long been used interchangeably.‘” 926 P.2d at 440. In the instance of the loss of the right to assert the statute of limitations, the correct principle was held to be waiver, rather than forfeiture. (See footnote 1)

To remove oneself from the protection of the statute of limitations, one must intentionally relinquish a known right. In Cowan, the court observed that the prosecutor was “concerned that if petitioner pleads guilty, he can later challenge the conviction in a habeas corpus petition and assert the statute of limitations.” 926 P.2d 443. The court replied that such “concern is understandable,” but that its “holding should obviate that concern. A person who waives the statute of limitations, as petitioner seeks to do here, may not later attack the conviction on the basis of that statute of limitations.” Id. The crucial issue is how the statute of limitations is waived. In that vein, the Cowan court proposed as follows:

To avoid the problem that arose in this case, we remind trial courts and prosecutors that whenever a defendant seeks to plead guilty to, or a court considers whether to instruct the jury on, a lesser offense, they should determine whether there may be a problem with the statute of limitations regarding that offense. If so, the court should elicit a waiver of the statute as a condition of the guilty plea or giving the instruction. This should be an easy process. The record need merely reflect in some fashion that the defendant is aware that the offense is, or might be, time-barred, and the defendant has waived the statute of limitations.

Id. at 443-44. Quite simply, “[t]he court need merely inform the defendant in some fashion that the charge is, or may be, time-barred, and elicit a simple waiver of the bar.” Id. at 441.

In a concurrence in Cowan, Justice Baxter further elucidated the discussion by agreeing with the majority’s “conclusion that a defendant ought to be able to waive the statute of limitations and, with the prosecutor’s consent, plead guilty to a time-barred lesser offense where the waiver is knowing, intelligent, and voluntary, is made for the defendant’s benefit and after consultation with counsel,” subject to the limitations of the majority opinion, and where the waiver does not handicap the defense of contravene a public policy. Id. at 444, Baxter, J., concurring.

In another concurrence, Justice Chin observed that “[t]o allow defendants to lose the protection of the limitation accidentally could mean that persons could languish in prison under judgments that could not have occurred had they merely thought of the statute of limitations in time.” Id. at 445, Chin, J., concurring (emphasis supplied).

In addition to being fair, requiring an express waiver of the statute of limitations makes practical sense. Unlike a forfeiture rule, which would imply a waiver on a silent record, requiring an express waiver would ensure a fully developed record. When a defendant seeks to plead guilty to, or have the court instruct on, a time-barred offense, the court, with the assistance of the prosecutor, should take a simple waiver. That way the record is protected. A defendant who expressly waives the statute of limitations cannot later claim he did not know of it. The forfeiture rule would leave the record undeveloped. Whenever the defendant was represented, i.e., most of the time, the defendant could later claim he did not receive effective assistance of counsel, a claim which would be plausible most of the time, meritorious much of the time, and difficult to disprove all the time.

Id. The concurrence recognized the very likely potential for an ineffective assistance of counsel claim and the ability, if not responsibility, of a court to avoid that probable result by straightforward action during the early stages of the proceedings.

If a represented defendant pleads guilty to a time barred offense and thereby forfeits the statute of limitations, but later claims counsel was ineffective, on what basis could a court deny relief? Suppose the defendant requests and receives an instruction of a time barred lesser offense and is convicted of the lesser offense. Later he files a petition for writ of habeas corpus, claiming his attorney never discussed the statute of limitations with him, and if he had known the lesser offense was time-barred, he would never have agreed to requesting the instruction. When the record is silent, the claim would be credible. It would have to be litigated and would often be found meritorious. On the other hand, a simple waiver on the record would settle the matter.

Id. at 445-46. The concurrence explained that “a forfeiture rule would lead inevitably to the development of an entirely new jurisprudence. . . . A new subspecialty of ineffective assistance of counsel claims would arise. That development would be neither desirable nor necessary. The simple expedient of taking a waiver will avoid the problem. A silent record aids no one.” Id. at 446.

An identical conclusion was reached in State v. Kerby, 156 P.3d 704 (N.M. 2007), wherein the New Mexico court held: “Based on our review of the various approaches, we hereby adopt the waiver approach and hold that the statute of limitations is a substantive right that may only be waived by a defendant after consultation with counsel, and only if the waiver is knowing, intelligent, and voluntary.” 156 P.3d at 709. The Kerby court rejected the forfeiture approach not only because the protection should not be unintentionally lost but also because the forfeiture rule is “an exercise in futility.” People v. Williams, 981 P.2d 42, 45 (Cal. 1999). As the Williams court explained:

Defendants would usually gain indirectly by claiming ineffective assistance of counsel what a forfeiture rule would prevent them from gaining directly. A forfeiture rule would merely add a step to the litigation. Only those who admitted their guilt right away and did not request an attorney could never gain relief.
Id.

The Kerby court reasoned that “if we adopted the forfeiture rule in the instant case, Defendant would have a compelling ineffective assistance of counsel claim because he would not have been convicted but for his attorney’s failure to raise the statute of limitations defense.” 156 P.3d at 710.

In jurisdictions with a forfeiture rule, in numerous cases involving similar facts, courts have granted post-conviction relief outright on the basis of ineffective assistance of counsel or have remanded for an evidentiary hearing on the issue. Thus, if we adopted the forfeiture rule, we would expend judicial (and executive) resources addressing Defendant’s ineffective assistance of counsel claim and ultimately delay the inevitable vacating of Defendant’s convictions.

Id. (Citations omitted.) The attorney for the defendant in Kerby admitted that he failed to consult with the defendant about the statute of limitations because he did not recognize the issue. The court found that the defendant “did not knowingly, intelligently, and voluntarily waive this defense after consulting with his counsel” and vacated the defendant’s convictions. Id.

The United States Supreme Court addressed this issue in Spaziano v. Florida, 468 U.S. 447 (1984), and held that a defendant in a capital case may be required to waive the statute of limitations as a condition to having the trial court instruct the jury on a lesser included offense. The Court grappled with the issue of whether a defendant is entitled to the benefit of both a lesser included offense instruction and the defense of an expired period of limitations. The Court explained:

If the jury is not to be tricked into thinking that there is a range of offenses for which the defendant may be held accountable, then the question is whether Beck [v. Alabama, 447 U.S. 625 (1980)] requires that a lesser included offense instruction be given, with the defendant being forced to waive the expired statute of limitations on those offenses, or whether the defendant should be given a choice between having the benefit of the lesser included offense instruction or asserting the statute of limitations on the lesser included offenses. We think the better option is that the defendant be given the choice.

Id. at 456. “In this case, petitioner was given a choice whether to waive the statute of limitations on the lesser offenses included in capital murder. He knowingly chose not to do so.” Id. at 457. The trial court has explicitly detailed the statute of limitations issue directly to the petitioner, asking if he understood the ramifications of his decision, as follows:

THE COURT: Do you understand that while the statute of limitations has run on the Court submitting to the jury lesser included verdicts representing the charges of second-degree murder and third-degree murder, manslaughter, that you who has the benefit of the statute of limitations can waive that benefit and, of course _ and then have the Court submit the case to the jury on the first-degree, second-degree, third-degree and manslaughter.

If you don’t waive the statute of limitations, then the Court would submit to the jury only on the one charge, the main charge, which is murder in the first degree, and the sentencing alternatives are as [defense counsel] stated them. Do you understand that?

MR. SPAZIANO: Yes, your Honor.
Id. at 457 n. 6. The Supreme Court found that, under those circumstances where the defendant understood the consequences of his actions and refused to waive the statute of limitations, the trial court did not err in refusing to instruct the jury on the lesser included offenses.

The Boyd declaration, and consequently the conclusion of the majority herein, is contrary to the reasoned methodology employed by courts addressing this critical criminal right. Boyd dictates that the very act of seeking the lesser included instruction is a forfeiture of the rights afforded to a defendant under the applicable statute of limitations. End of inquiry. This restricted view fails to acknowledge that the protections afforded by the statute of limitations in this instance should not be deemed to have been abandoned in the absence of a knowing, voluntary, and intelligent waiver. Moreover, the ramifications of the application of the narrow Boyd rule conflict with the basic concepts of judicial economy. As recognized by several cases above, the potential for ineffective assistance of counsel claims is overwhelming where the Boyd rule is applied. Without the informed consent of the defendant, counsel’s decision either for or against waiver could ultimately result in a claim of legal malpractice. The predictions of the Williams court, examined above, would then come to fruition, and the forfeiture approach would properly be viewed as “an exercise in futility” which simply and unnecessarily “add[s] a step to the litigation.” 981 P.2d at 45. Whether viewed from the broad perspective of the fundamental rights of a criminal defendant or the more narrow determination of effective judicial management, the rule adopted by Boyd is defective. I therefore respectfully dissent from the application of the Boyd rule in this case, and I would reverse the Appellant’s conviction.

I am authorized to state that Justice Starcher joins in this dissenting opinion.

———————————————————————

Footnote: 1
See Potesta v. U.S. Fidelity & Guar. Co., 202 W.Va. 308, 315, 504 S.E.2d 135, 142 (1998) (identifying components of establishment of waiver, including demonstrating that party has intentionally relinquished known right.); Hoffman v. Wheeling Sav. & Loan Assn., 133 W.Va. 694, 713, 57 S.E.2d 725, 735 (1950) (“ ‘A waiver of legal rights will not be implied except upon clear and unmistakable proof of an intention to waive such rights.‘ ” (Citation omitted)). Hoffman also instructs that “[t]he burden of proof to establish waiver is on the party claiming the benefit of such waiver, and is never presumed.” (Citation omitted); see also Dye v. Pennsylvania Cas. Co., 128 W.Va. 112, 118, 35 S.E.2d 865, 868 (1945).

GFP – 12.07.2011
Opinions | Commentary | G-LtE™ | G-Comm™(4) CommentsPermalink

~~~ Readers’ Comments ~~~

Several different Gilmer County public officials, but especially Gerry Hough committed crimes,to cover up the facts of this case and all should be held accountable, and here it is all in black and white.

By Conservative Citizen  on  12.07.2011

Don’t expect the WV State Bar to do anything with a complaint against a lawyer unless there has been wide press coverage to make it impossible to sweep the issue under the rug. The Bar protects its own like any group empowered to self-regulate. A lawyer can plunder an estate, lie, cheat, steal, over-bill for work, bill for work which was not done or was unnecessary, and nothing will be done about it by the Bar. Not all WV lawyers are dishonest, but we have too many who will do anything to line their pockets. If we want to move WV ahead with its legal system we should adopt what was done in Iowa, Kentucky, and Connecticut(http://www.Halt.org) with their lawyer discipline systems. I bet that without too much effort we could cite examples of how lawyers close to home have ripped off helpless citizens.

By Hap Foster, Wood County  on  12.07.2011

To HAP:

When comments such as yours are submitted, and is shared with the many readers of the GFP the whole system WORKS.

And if we want to EXPOSE a GOOD EXAMPLE of: A lawyer can plunder an estate, lie, cheat, steal, over-bill for work, bill for work which was not done or was unnecessary, and nothing will be done about it by the Bar…

We have to look no further than the Butcher and Butcher law firm and the AJ WOOFTER ESTATE & Rosa Belle Gainer Cunningham their dishonest employee that was CAUGHT back dating checks to give the appearance of compliance.

We can prove wrongdoing six ways to Sunday and when we delivered box after box with hundreds documents to Bill Martins office….it was burned down shortly thereafter.

I remember that day well because it was hundreds of pages of documents and I bought Bills secretary Lisa flowers and really went all out for all the hard work they did.

I have been talking to reporters trying to get National Press. What I was told about the WV JIC was…

“If you think the office of disciplinary counsel is corrupt, you haven’t seen anything yet; the Judicial Investigation Commission is the most corrupt agency down there in Charleston!“

I believe that man will prove to be 100% correct.

By TO HAP  on  12.07.2011

A STATE WITNESS from the “TRAVESTY OF JUSTICE” TRIAL DANNY “NUB” MARKS BUSTED for DUI and taken to CRJ!

By Editor Edison- CalPatty Press Editor

Danny “NUB” Marks who was a witness that lied on the stand during the Travesty of Justice case, and the man that actually did move the equipment in question found himself in jail in the wee morning hours of Friday November 4th for DUI just four days short of his 52nd birthday. Marks also made it to the top of the SNITCH LIST for Gilmer County in 2008 and 2009.  I wonder who he is snitching on while in jail  right now! Marks has yet to be held accountable for his false testimony. “NUB” is considered an enemy of the SS and is currently at the top of 2011 SNITCH LIST as well  — And that fact should be considered if personal contact is made with this man of obvious questionable character that is from Bull River Rd in Calhoun County! Just up the holler from Grantsville a ways.

Gerald R. Ball  is the original owner of the house NUB and ALL STAR from the CalPatty Press SNITCH LIST resides in currently!

"The Spring of 2001 the Ghost Wolf was born!"

In fact, I, myself was present while the house was being built and visited often, right after they moved out of the trailor, and into the house when the finishing touches were being built on. There was a beautiful iron spiral stair case at the front of the house that gave the home a different style and look.  Also a moment in history and a very important fact is the famous SS reporter Rina McCoy was on hand to see the home go up, as those were the early days of the SS and Rina had just started to show the signs of being pregnant that spring of 2001 and of course there were rumors that made it all the way to Judge Facemire’s office as to who the father was.

But, in this case the situation was “Fathers” for the dog had a litter of puppies too. In fact one of them was a GHOST WOLF for it was said both of the fathers were wild, and that one of them was a Wolf, but it was never clear as to which one.

“Gerry Ball” was charged with domestic battery, domestic assault and brandishing a deadly weapon, and generally fucking up one summer not so very long ago, in fact Gerry drove his brand new $35,000 truck off a cliff drunk and the truck was a total loss, after he found out his wife State Witness in the “Travesty” case Shirley Ball was sucking the little Nub of Nub, but the charges mysteriously just vanished one day, like Calhoun Magistrate  “Steve Johnson” a relative of Gerry Ball in Calhoun County along with about 3,000 dollars of local govt funds.

Gerry Ball, father to JIM BALL the local private detective bails bond dude was arrested by the State Police and released on $1000 bond and a plea hearing was set for Calhoun Magistrate’s Court on July 26, but that all got squashed since the magistrate who was a relative was really on a binder and was a raisin cain like it was a Calhoun County tradition, and then I heard it was!

This all happened about the time Jimmy Moss from the Glenville Sheriff Department went on down there to talk to Gerry when he was in a bit of a legal pickle, but later that got picked and what was born from all of it was a legal case that took about five years to resolve and went all the way to the Supreme Court and that case is the more than famous, “Travesty of Justice,”case that has proven to be rife with both alleged and proven misconduct by prosecuting attorney for Gilmer County Gerald B Hough!

“The SS has long said, that most of the witnesses that testify for the State of West Virginia on behalf of Gilmer County and Gerald B Hough are liars and criminals he hands selects to tell what ever tale old Gerry needs a told that day as he serves jurors bottled water with his picture on it, and then goes and tells the jury during deliberations he needs a guilty verdict because that particular court case had been in the courts for over three years already…”

Yeah, there ya go some good ole Gilmer County Justice with a Power Elite Jury! But, then, “That’s how we always do it here in Gilmer County!”

Imprisonment Status:  Misdemeanor Pre-Trial

Full Name: Marks,  Danny  Cleo
Height: 5′  8″
Weight: 180 lbs.
Birth Date: 11/8/1959
Gender: Male
Booking Date: 11/04/2011
Facility: Central Regional Jail
Imprisonment Status: Misdemeanor Pre-Trial

FREE PRESS SPEAKS OUT! HOUGH COMPLAINT FILED with accusations of suppressing key evidence!

G-LtE™: Speaking Out for Each Other

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What more fitting words for the anniversary of September 11, 2001 could be penned?

They match the concept that all of us are our brother’s keeper.

Unfortunately in Gilmer County complacency and fear are the two biggest impediments to speaking out for each other, and we have suffered harsh penalties of our silence.

Our school system was seized for political reasons, our uniformed officers and the legal system has failed to serve all citizens equally regardless of their social standing and their net worth, the community is ravaged with drugs, poverty rampages with its insidious grasp on too many of our people, and our institutions of local government and Glenville State College operate behind impenetrable walls of secrecy.

Powerful individuals with money, that ensures political clout, want to stifle our freedom of speech, they want to scare us into silent submission with whispers of loss of our jobs, and they threaten ruinous law suits against individuals with the courage to protest.

Citizens, what are we going to do?

Out of despair do we surrender unconditionally because we believe that we are powerless to achieve positive change?

Do we tremble in silence hoping that someone will come to our aid to cast off the shackles of corruption, illegal activity, and other forms of repression in the County?

Alternatively, do we stand up for ourselves to form unified opposition to what we believe is wrong?

What not giving collectivism a try to unleash our power?

If we accept the concept that our children are our most important and cherished possessions, let’s set an example by banding together to advocate for a world class school system.

How can we do that?

The most effective way is to let our collective voices be heard clearly at the local level and in Charleston.

Also, we must let politicians know with unmistakable clarity that our votes can no longer be taken for granted, and we will support office seekers who will administer to our legitimate needs including taking decisive measures to correct problems with our County’s school system.

~~  Author information on file ~~

G-FYI™: Additional Complaints Against Hough Filed with Office of Disciplinary Counsel

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Following the letter and threat letter sent to the Gilmer Free Press by the Gilmer County Prosecuting Attorney for publication on Thursday, September 08, 2011, the Gilmer Free Press has learned of the following communication and filings:
Letter from Disciplinary Counsel to Dan Bingman:
Chief Lawyer Disciplinary Counsel
Rachael L. Fletcher Cipoletti
Senior Lawyer Disciplinary Counsel
Andrea J. Hinerman
Lawyer Disciplinary Counsel
Renee N. Frymyer
Jessica H. Donahue Rhodes

September 8; 2011

Dan B. Bingman
130 Hollywood Avenue
Cayahoga Falls, Ohio 44221

Re: Complaint against Gerald B. Hough, Esquire
I.D. No. 08-09-001

I am treating your emails as an appeal of the dismissal pursuant to Rule2A(b)(1) of the Rules of Lawyer Disciplinary Procedure. This matter will be placed on the agenda of an upcoming meeting of the Investigative Panel of the Lawyer Disciplinary Board and will be reviewed by all members of the Panel. The Panel consists of both lawyer and non-lawyer members. You will be notified in writing of their decision.

By copy of this letter I am notifying Respondent of the appeal, The Respondent may send a response to your recent letters if desired, but no further response is required at this time.

Sincerely,
Jessica H. Donahue Rhodes
Lawyer Disciplinary Counsel.


JHDR/ems
cc: GeraldB. Hough, Esquire

Complaint letter from Dan Bingman to Disciplinary Counsel:
Rachaell. Fletcher Cipoletti, Esquire
Chief Lawyer Disciplinary Counsel

*********

Office of Disciplinary Counsel
City Center East
Suite 1200 C
4700 MacCorkle Avenue, SE
Charleston, West Virginia 25304
(304)558-7999 Fax (304)558-4015
www.wvodc.org
Dear Rachael Cipoletti

Let this document represent me in official capacity and give notice that I received by mail a document dated September 8th from Jessica H Rhodes informing me of an appeal of the dismissal pursuant to specific rules of procedure.

I protest the fact; that there was a dismissal, and then,  I am notifying you by this official document that by the very act of suppressing the evidence of the TITLE OPINION that proves ownership in direct contradiction to claims by the Circuit Court, and by suppressing and not recognizing evidence presented by way of BACK TAX BILLING that most certainly Jessica H Rhodes and members of the office of disciplinary counsel have actively engaged in a conspiracy to cover up felony crime, and further attempted to suppress and not bring forward these specific pieces of evidence that proves there was a felony crime committed by pulling the title from the land books, so the 1/6th of the property in question would prove equal ownership. This evidence was suppressed in circuit court and the result of not being able to bring the truth of the matter forward, was the misconduct of Gerald B Hough and Beverly Marks Gilmer County Commission clerk being covered up by your office.

In July of 2010 the title opinion was used against Roanna Rafferty in civil court, and we did not have access to that document until then, when it became a matter of court record.

I am officially requesting the federal attorney that represented me in federal court contact officials in Washington DC that are not WVU graduates and that have never been members of the West Virginia Bar Association to look into the wrongdoing and criminal activity pertaining to suppressing evidence – important evidence – and more importantly evidence that resets the two-year statute that time barred my complaint of 24 August.

We are not going to recognize degree’s from a school that hands out Masters degree’s to unqualified candidates as was the case of the daughter of former governor Manchin. The action taken in regard to taking my complaint was unlawful given the fact key evidence was suppressed with full knowledge of doing so. I would appreciate it if this panel contains no graduates of WVU.

I ask specifically that Jessica Rhodes no longer be involved in this case, but obviously you ignored that request so now I am officially making that request again for the reason that your staff member appears to be completely inept and unfamiliar with the case. When I confronted Jessica about why she suppressed key evidence she went on some tirade about judge Facemire and the fact that he used the term despicable, could not even pronounce the word correctly according to the taped evidence and then denied saying it all to the Judicial Investigation Committee.

How was Rhodes even aware of the Facemire complaint and why did she bring it up in regard to this case? Rhodes knowingly suppressed key evidence and that is a serious violation of the peoples trust.

This reaction and answer to my query was highly unprofessional, and quite frankly she came off as a bit of a nut.  I am once again requesting that J Rhodes should be restricted from any further information or have any affiliation with this complaint against Gerald B Hough.

Rhodes made private communications between me and specifically you available to Hough, and they published those private communications on Gerry Hough’s hate site. I sent the evidence to law enforcement, and I am drafting a complaint to office of the US Attorney.

DUE DILIGENCE is a term that needs attention for Hough used no due diligence in the case, and really what part of that did Jessica Rhodes consider? She only considered the part in which key evidence is suppressed in a highly illegal manner.

Let me describe further in these words and let this statement stand as official response:

A case should never be brought to court by a Prosecutor who has not used due diligence to establish the facts. Just because a person says they own something doesn’t make it true. There are records to be checked and it takes a little longer than a 10 minute court recess. When Hough could not locate the 1/6th claimed, the court should have been notified (despite his embarrassment) a mistrial declared and perjury charges brought against the Prosecutors witness in my opinion. We have all seen the tax tickets, we know the property disappeared from the land books and that land titles are maintained in the County Clerk’s Office. It would have taken time to back search the records, locate the last time it had been taxed, who the owner was and see the correction made. It is quite simply pre-trial finding of fact. This did not happen. Yet in 2010 it magically reappeared, back taxed without question and sold at tax sale. The document was needed from 2004-2006 in Circuit Court and 2007 for a WV Supreme Court decision that was extremely close. Because there was no title proof of ownership, the jury, and the court could not know that there was equal ownership in a property dispute that somehow turned into a criminal case, although experts say it should have been a civil action all along. As for expert witnesses as to the value of anything, show us the credentials! To pay someone for a subjective opinion that can have such an impact on another life without verification of the facts through any other source is just unbelievable. We have all heard the audio of a much more experienced person assessing the value in question in the presence of the paid “expert”. It was obvious she was not a qualified expert on the subject and at that point was only concerned both of them would be called to court to testify to the value required to get the conviction.

The new evidence in this case proves that it should not be time-barred. It proves that due diligence was not practiced and a human being suffered severely as a result. The Office of Disciplinary Counsel needs to take a long, hard look at the facts. It is their role to oversee the conduct of attorneys practicing in the State of W.V. whether in private practice or elected office. Those in public office should be held to the highest standards. The purpose of the law is to serve the people, not to persecute, suppress or endanger their rights. The repeated threats made by Attorney Hough to take the money and home of anyone without legal action in process represent unethical conduct in and of itself. Multiple threats against private citizens with accessing their computer and outrageous charges of illegality for exercising their free speech, while using public funds to advertise this in the name of the office of the Gilmer County Prosecutor, is not only unethical but also illegal. He is not the only attorney in this county to use threats in such a manner but the ODC should make such an example of this case as to ensure that he would be the last. It is their duty. It is their job. It is what’s right.

The matter of the dismissal was published on the Gilmer Free Press and Gerry Hough threatened the owner with legal action if that document was not immediately posted.

31,136 people read the GFP from 10:59 am that Thursday until 10:24am Friday, and that number has again doubled.

This very well could be the first ODC battle shared with the public word for word.
Your FIRST investigation is not being recognized by myself and associates, and the appeal is for the appeal of a grave error and for the criminal activity of knowingly suppressing evidence.

We want to know WHO all of the members on the Panel you discussed are and if they are a member of the West Virginia Bar and or graduates of West Virginia University. This is a serious matter when YOU knowingly suppress evidence and we expect you to comply with this demand fully pertaining to panel members that show no bias and are accountable for their actions through their identity.
Sincerely,

Dan Bingman
Printable Copy of the Title Opinion
Printable Response of Disciplinary Counsel

GFP – 09.11.2011
CommunityGilmer CountyGlenvilleCommunityConcerns™Court NewsFeaturesG-FYI™Politics | GovernmentLocal(4) CommentsPermalink

~~~ Readers’ Comments ~~~

The facts in this case are very obvious and out in the open.

Can someone explain to me how Beverly Marks can pull a title from the land books, sell this property to someone else, and then distribute money to friends of hers that were in no way related to the deceased who was the sister to AJ Woofter.

There is a witness that claims Marks was ordered by Timothy B Butcher to pull the title.
Audrey Ruth Woofter died because she did not have the money to get the proper care and she was forced to sell that property. The money went to people that had not seen for her for 30 or 40 years and not to the family.

Rosa Belle Gainer Cunningham received money from this sale and she was NOT RELATED but Beverly Marks saw to it that she received funds.

Metz refused to investigate.

Ms. Woofter was never married and never worked and died on Christmas day never getting the money from the property she owned that relatives paid the taxes on.

By Anonymous  on  09.11.2011

An out of state attorney Davis S. Harless filed suit against some of the same individuals accused of wrongdoing in the “Travesty of Justice” case.

Harless believes Charleston lawyer Scott Segal, his wife Justice Davis, W.Va. State Bar Disciplinary Counsel Rachael Cipoletti and Charles “Skip” Garten, who heads the Supreme Court’s judicial investigation office “Are corrupt! “And they should be disbarred.“  Harless claims they knowingly ruined his career.

Harless is seeking compensatory and punitive damages.
Follow this link for more info

http://wvrecord.com/news/contentview.asp?c=218119

The former South Charleston man filed law action against prominent Charleston lawyer Scott Segal, and West Virginia Supreme Court Justice Robin Jean Davis claiming they have conspired against him to keep him from practicing law.

By Concerned Citizen  on  09.11.2011

It makes it very difficult to trust one another and form a cohesive group to effect real and positive change. That is the desired result when educated professionals of the law use threats to control.  Confidence in the courts to protect us from abuse is gone.  The system has become the abuser. There’s definitely something wrong with this picture.

By Something needs to change  on  09.11.2011

The State’s DC protects its membership. Honest lawyers advise that wrong doing exists, but they warn that in WV the deck is stacked against citizens with complaints. Why? The Bar advocates for a trade and that is what the law profession is. Its members as a group are not any better morally than those in other professions. There is hope for change in WV. Access the http://www.wvrecord.com. Rogue lawyers are being exposed. They committed crimes including sexual offenses, stealing estates, drug dealing, fraud, income tax evasion, and stealing from clients. Look at what happened by big banks, Enron, World Com. and others to bilk the American people. They all had one trait in common besides greed—- batteries of Ivy League lawyers on their payrolls. Google HALT to learn what it advocates for disciplinary reform WV should implement. Mr. Bingham’s payoff will probably be restricted to credit for helping to expose urgent need for legal reform in WV.

By Legal Watch  on  09.11.2011

HOUGH THREATENS THE GFP while Jessica H Donahue Rhodes writes a letter from the Lawyer Disciplinary Counsel which reveals she is a complete idiot!!

By Rina McCoy/Cosmos Communicator Editor

Well if you ever heard that saying, “She is not the sharpest knife in the drawer,”  certainly a good example was made yesterday the 8th of September when the Gilmer Free Press published the latest results from the latest misconduct complaint against Gerald B Hough, and the questionably accurate letter written by Jessica H Rhodes of the Lawyer Disciplinary Counsel

“The Office of Disciplinary Counsel showed their true colors and their obviously corrupt ways in front of ALL OF CENTRAL WV yesterday as the action was delivered almost instantly over the internet via the Gilmer Free Press!”

In the wee hours of the morning Thursday, Gerald B Hough Gilmer County Prosecutor was anxious and chomping at the bit to get the latest news of disciplinary action being dismissed that had been brought against him the last week of August.

“First thing in the morning the article containing the complaint against Gerry Hough was posted proudly on the GFP for all to see!”

Only, (which comes as no surprise) Hough threatened the GFP with law action if they didn’t immediately publish the letter written by Rhodes!

“Your failure to print this dismissal by the disciplinary counsel will be added to the evidence of your malicious, intentional, tortious conduct against me   …”

So the GFP was forced to print the letter they had not even had time to verify as authentic, but no matter, for it turned out to be totally authentic and the author of the letter from the office of the ODC turned out to be a complete idiot that did not understand the case at all!

In fact, not only did the attorney in Charleston not understand the case, she completely ignored the key evidence which re-set the two year statute to file a complaint, or  …. “Why would I have bothered filing the complaint,” stated the citizen claiming wrongdoing!

Good point! Not only was the letter poorly written, but the letter completely ignored the key evidence that substantiated the entire complaint.

Simply put, Hough paid a STATE WITNESS to lie on the stand and say she owned property she did not own.

NEW EVIDENCE which was a concept the very inept lawyer for the disciplinary board could not seem to grasp was left out of the letter entirely.

“You people down there are some corrupt Son’s of Bitches …aren’t you!”

…were the first words that  Rhodes heard in response to her failed attempt at covering for the crimes of Gerald B Hough,  according to a witness at the scene!

Obviously the ODC has proven itself to be corrupt and the entire day long ordeal was witnessed by all of Central West Virginia yesterday.

The VICTORY Gerry Hough wanted to celebrate yesterday was short lived, for it only lasted for two hours.  The ODC was notified of their mistakes and complaints are being readied to be filed against them for their possible unlawful and illegal conduct in their attempt to cover for the crimes of Gerald B Hough.

“A letter posted below explains that as of 11:18am yesterday the complaint against Hough has been officially refiled and accepted!”

The ODC was warned that any more attempts to cover up the criminal activity of public officials would result in a federal law action being filed against them in US District Court.

The entire article from the front page of the GFP appears below!

From 10:59am yesterday until 10:28am this morning there were 31,136 page views on the Gilmer Free Press and many of those people read this article that brings you the REAL TRUTH!

G-FYI™: Our Gilmer County Prosecutor Cannot Just Simply Ask? He Threatens Instead!

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The following documents were just received from Mr. Gerry Hough, Gilmer County’s Prosecuting Attorney via e-mail:
Ghazzem*: You are quick to publish Daniel Bingman’s revenge-driven hate messages on your so-called Free Press website. Almost all of them are anonymous and appear to be various hate group members, when they are authored by the same Cuyahoga Falls (censored).


Here’s what the WV Office of Disciplinary Counsel thought of Bingman’s recent ethics complaint: “Accordingly, it has been determined that your complaint does not allege a violation of the Rules of Professional Conduct and the complaint will not be docketed for investigation, but will be closed without further action. Mr. Hough was not required to respond to this complaint.” (A full scan of the two page dismissal letter is attached)**
Let me remind you that your June 7th defamatory attack message remains copied and ready to file in a suit against you for your intentional efforts to destroy my professional and personal reputation.


Your failure to print this dismissal by the disciplinary counsel will be added to the evidence of your malicious, intentional, tortious conduct against me and, by your promotion of Bingman’s twisted notions, my entire family.
Your public retraction and personal apology for the June 7th message will successfully relieve the need to file against you for a judgment against your real estate properties and the business fixtures/equipment owned by you and/or Ramco Technologies.

Pursuant to the Gilmer Free Press’s policy of publishing newsworthy material, the documents are provided for public information.

The letter from the State Bar is self-explanatory to absolve Mr. Hough from culpability with the Dan Bingman controversy.

Nothing related to Mr. Hough was done intentionally by the Gilmer Free Press to dishonor his reputation, to adversely affect him monetarily, or to impugn his family in any way.

Should anyone misinterpret otherwise, a public apology is extended to Mr. Hough.

Accordingly, Mr. Hough’s voluntary involvement as an elected official to keep the public informed is admirable, and his proffering to render all his charges against the Gilmer Free Press null and void is accepted in good faith.

The mission of Gilmer Free Press is, at all times, to seek the truth and to report the news.

This affords readers opportunities to form their own opinions, a guaranteed constitutional right in these United States of America.

Mr. Hough is an elected official and with that position come certain responsibilities.

As a Public Servant, Mr. Hough must ensure that everyone is afforded the freedom of speech as dictated by the United States Constitution.

Denying taxpayers access to the truth is risky at this point, as the next election of Public officials may very well rid Gilmer County of a Public nuisance or two.

For one, the public has the right to ask questions, and answers must be given.

A lack of response can be construed as complacency.

Simply ignoring and avoiding issues is not acceptable to the taxpaying public who do not get a satisfactory return on their investment.

We have invited Mr. Hough to a public forum to set the record straight.

It would appear that Mr. Hough prefers threats to diplomacy.

Should Mr. Hough agree to a public forum – and then if any of the issues mentioned are found to be inaccurate – we will publicly apologize.

The Gilmer Free Press takes a neutral position on all issues, and Citizens are free to express themselves.

Mr. Hough is not only a public official with additional responsibilities to the community, he is also a citizen.

Like anyone else he can simply submit his opinion and it will be published after verification process.

Mr. Hough is the only reader who has ever used threats to get his comments published.

That is not necessary.

Regarding Mr. Hough’s accusation that all the comments are from Mr. Bingman, that is absolutely false.

Once again our Prosecutor is doing the very thing he accuses others of doing.

Perhaps these threats give us even more reason to further protect our citizen’s identity.

Otherwise, we would all be in danger of losing our property to the very person who is supposed to protect us from such action.

Maybe Mr. Hough should concentrate on improving his own real estate portfolio, as I’m sure it could use some remodeling to bring it up to code.
* Since Mr. Hough insists to use the first name, which includes his hate and threat messages in Farsi, the correct spelling is: Ghassem!

**  The attachment sent by Mr. Hough has not been verified by the Gilmer Free Press.

The second complaint was time barred not found inappropriate for action by the ODC but it’s hard to get lawyers to check lawyers.  Too bad the ongoing fight with Bingman isn’t the only problem the Prosecutor has.  I notice he didn’t apologize for not collecting “years” of those unpaid oil & gas co. taxes nor has he apologized for not prosecuting rapists, or plea dealing felonies to misdemeanors or revealing the issuance of false subpoenas in his name. The Gilmer Free Press gives the people a voice and for that we are forever grateful.

Comment by Get over it Gerry  on  09.08  at  08:27 AM

The BACK TAX BILLINGS and the TITLE OPINION that proved guilt were not accepted as evidence on purpose and the ODC will receive notice of their wrongdoing and a law action may follow.

The BACK TAX BILLINGS and the TITLE OPINION that were not accepted reset the statute and the details of this may be reported by another mainstream news source.

I think now we can be guaranteed of corruption at the Supreme Court level.

In the letter it asked for proof that Roanna Rafferty was paid and the proof is at the County Clerks office and the Sheriffs office but they made that evidence unavailable.

The SHERIFF has that check and is suppressing that evidence and Metz is making that evidence unavailable to the Supreme Court.

We proved subornation, but the important evidence, the newly found evidence that resets the statute was not recognized on purpose.

Corruption at the highest court level is truly sad.

The letter from ODC did not mention the Title Opinion or the BACK TAX BILLINGS.

Comment by Council of Concerned Citizens  on  09.08  at  09:29 AM

The SECOND complaint IS NOT time barred because ODC said they did NOT receive new evidence of Back Tax Billings and Title Opinion.

The NEW EVIDENCE resets the statute.

ODC is saying they never received the tax billings and the title opinion that proves the guilt of Hough.

They don’t want to receive it, is why they said they did not receive the billings and opinion.

Rachael C is fully aware of this fact that new evidence resets the two year statute.

So now another complaint against Hough is being drafted with new evidence NOT recognized being sent again.

Comment by Concerned Citizen  on  09.08  at  09:35 AM

Mr. Hough, the only way your reputation can be tarnished is by your own words and actions.  The people of this county know how to make their own decisions and changing the subject will not change that.
You haven’t had time for us since the day you were elected, running your law clinic and realty agency while holding office on a part time basis and teaching at GSC.
Later, you officially closed the law clinic and realty company but opened a storage business.  Your teaching job takes many miles of travel to Summersville campus today and a lot more of your time. You insisted on being full time Prosecutor.
Now you want a student to handle the job of collecting unpaid taxes you didn’t have time to take care of.  Are you more worried about offending the oil & gas companies so hand over the job to less experience? After all, if he or she misses a few who will know? When are you going to put all of these past dues in the paper so we know who owes what? question

Comment by Got Time?  on  09.08  at  11:40 AM

This is the biggest crock of you know what. This prosecutor instead of doing his job to fight crime, he is harassing the members of the community who are providing a service? What is he doing about multiple criminals at the college?

Comment by Disgusted  on  09.08  at  12:12 PM

He is complaining about us using an alias to remain anonymous. But it is ok for him to do it on his retort hate site which he promoted in his ads paid for by taxpayers’ money in local newspaper!

Comment by Hmmm  on  09.08  at  12:17 PM

The only person hurting Hough and his family is Gerry himself by his bizarre behavior.

Comment by Rno317  on  09.08  at  12:20 PM

Complaint Filed:
Rachael L. Fletcher Cipoletti, Esquire
Chief Lawyer Disciplinary Counsel
Office of Disciplinary Counsel
City Center East
Suite 1200 C
4700 MacCorkle Avenue, SE
Charleston, West Virginia 25304
(304)558-7999 Fax (304)558-4015

Dear Rachael,

Please let this document represent a request for reconsideration and an appeal of the decision signed and investigated by Jessica H Rhodes. Obviously you did not consider all of the evidence much to our disappointment since we have been investigating the wrongdoing in this case for seven years and found several false facts brought before the courts knowingly.

The evidence that proved Gerry Hough paid Roanna Rafferty is at the Gilmer County Clerks office and the office of the Sheriff of Gilmer County. I discussed this issue with Sheriff Metz, but he has not as yet turned over to us that evidence, but it will be brought forward, so that excuse of no proof is a very weak argument on behalf of the Supreme Court considering the cost to fight this case in the West Virginia Courts for five years.

We were billed for back taxes in October of 2010 for property the 14th district circuit court and the West Virginia Supreme Court said we did not control or pay taxes on. It was our responsibility to pay taxes on the 1/6th the state of West Virginia refused to recognize because the title was pulled from the land books intentionally and we have a witness to bring forward.

Actual crimes were committed to cover up evidence brought in my case.

The evidence of the title opinion proves Roanna Rafferty DID NOT OWN the 1/6th she testified that she owned.

I hereby enter the title opinion as evidence in this request for reconsideration or appeal.

I hereby enter the back tax billings proving we were responsible for taxes the West Virginia Court said Roanna Rafferty owned that she did not own.

THIS IS NEW EVIDENCE THAT SHOULD RESET THE STATUTE!

Therefore my 2nd complaint is NOT time barred.

Let this document serve as a request for reconsideration using new evidence, and for an appeal of my complaint against Gerald B Hough Gilmer County Prosecutor.

Sincerely,

Dan Bingman

Comment by Dan Bingman  on  09.08  at  12:26 PM

Appeal: Complaint is re-filed and BACK ON!!

Mr. Bingman,

By letter dated September 8, 2011, you have been advised that we are in receipt of your dissatisfaction with the disposition of your most recent complaint.

I am treating your letter as an appeal of the dismissal pursuant to Rule 2.4(b)(1) of the Rules of Lawyer Disciplinary Procedure.  This matter will be placed on the agenda of an upcoming meeting of the Investigative Panel of the Lawyer Disciplinary Board and will be reviewed by all members of the Panel.  The Panel consists of both lawyer and non-lawyer members.  You will be notified in writing of their decision.

Sincerely,

Peace.

Rachael L. Fletcher Cipoletti, Esquire
Chief Lawyer Disciplinary Counsel

Office of Disciplinary Counsel
City Center East
Suite 1200 C
4700 MacCorkle Avenue, SE
Charleston, West Virginia 25304
(304)558-7999 Fax (304)558-4015

Comment by Dan Bingman  on  09.08  at  12:27 PM