Monthly Archives: January 2011
Gilmer County Council of Concerned Citizens – The MISSING ONE SIXTH 2007 TITLE OPINION Published! This document proves wrongdoing by Hough and Marks!
The Gilmer Free Press: We like to emphasize and state it clearly that the Gilmer Free Press platform is available to anyone that would like to prove this information wrong. The documents presented in this series are actual facts. None of the elected public officials involved want to comment on these documents! They only refer to the court decisions which did not include these documents to say the least. One official has referred to this case as a simple mistake! (Seems to be the SIMPLE EXCUSE for all wrong-doings recently.) We asked everyone to look at the process and wrong doings of public elected officials rather than parties involved. We ask our public elected officials to explain to Gilmer County tax payers why this has happened and how they are going to remedy these so called ‘Simple Mistakes’. Parties involved regardless of who they are have paid a big price for these ‘Simple Mistakes’. How many more are there? We cannot just move on with these clouds over our county. As always The Gilmer Free Press takes a neutral position, and presents the documents from all sides to you to decide. Simply Click on the Highlighted links to see.
The MISSING ONE SIXTH 2007 TITLE OPINION!
Along with 2009-2010 TAX billing to original Owner!
All made public.
Who would have ever considered that at the beginning of 2011 Gilmer County would find itself under serious Criminal and Civil allegations resulting in accusations pointing in the direction of Beverly Marks ( former county clerk) for wrongdoing involving Public Records fraud, Voter Fraud, Title Fraud, serious federal civil law action, and Election Fraud along with other accusations of wrongful policy!
Don’t forget unreasonable notice and false billing of taxes on a piece of property that was WANTED and missing and a matter of important evidence in a high profile Gilmer County Criminal Court Case that climbed as high as the United States Supreme Court in Washington DC!
The MYSTERY 1/6th to the “Travesty of Justice-Junk Farm Equipment” case that was in the WV court system for years is found and the original owner billed for back taxes. Here is the proof!
It was the same 1/6th piece of property missing from the majority opinion authored by Justice Davis, and the same missing one sixth recently found because the original owners were billed for back taxes just last October, 2010 and billed five long years after the property was legally sold by court order to Cecil Leon Ramsey of Glenville, WV!
PROOF of WRONGDOING in GILMER COUNTY is HEREBY PRESENTED BY EVIDENCE of TITLE OPINION!
You cannot make these up if you try! This title opinion brought to us by a contributor to the Gilmer Free Press proves that ownership belongs to Cecil Leon Ramsey and he IS the title holder and should not be responsible to pay back taxes on the missing 1/6th hidden by The Gilmer County Prosecutor and The Previous Gilmer County Clerk!!
This same property, as represented by Title opinion was sold on the court house steps November 18, 2010 as mentioned in the article entitled: ‘Title Fraud and Premeditated Criminal Actions in Gilmer County’. This title opinion also represents 1/6th F in A-F explanation of division of property mentioned in the felony court case.
HOW MUCH MONEY HAS GILMER COUNTY MADE ILLEGALLY?
Why is no one arrested and why are public officials not held accountable for theft and wrong doings??
Please follow the link and read the Title Fraud article so that you will understand this latest addition to the Title Fraud evidence, as the Gilmer County Concerned Citizens reveal another crime has been committed by the office of the Gilmer County Clerk. When you finish reading that article, please read this one: ‘WV STATE POLICE PROTECT GILMER COUNTY PROSECUTOR – QUOTE ONLY CODE IN WV WITH STATUTE OF LIMITATIONS’.
Also, feel free to review the latest article and please listen to the tape. If you cannot access the audio file please e-mail a request and we can e-mail it to you to listen to. Please review this recent presentation with pictures and audio at: ‘SECRET AUDIO a Proof of Criminal Conspiracy in Gilmer County, WV’s Legal System’.
During trial, Ms. Marilyn Matheny, a partner of Lemon’s Farm Equipment,
valued the equipment to be approximately $1,200. On December 14, 2005, the jury found the appellant guilty of petit larceny in violation of W.Va. Code § 61-3-13(b), the lesser- included offense of grand larceny, a violation of W.Va. Code § 61-3-13(a).1 The circuit court then sentenced the appellant to one year in the state penitentiary.
Notice how Justice Davis says that the defendant that was convicted of a misdemeanor for the RUSTED FARM EQUIPMENT was sent to prison and served the exact same time as Everette Campbell did for murder! One Year!
If you read that article and listen to the tape you will find that by the time the farm equipment case made it to the WV Supreme Court Justice Davis had come up with a figure never before on the court record. The rusted junk with a worth of less than 400 now had climbed in value to $1,200 thanks to an evil and dishonest Supreme Court Justice.
The matter would be officially decided at a felony level even if it was for a crime that never actually happened, but that is how they do it in Gilmer County., and that is how they do it in Charleston at the West Virginia Supreme Court.
And further, this missing one sixth proved by Title opinion to exist and be in the ownership of Cecil Leon Ramsey happened during the same month the majority opinion was being authored at the Supreme Court by Justice Davis, making her account of the distribution of property in error in the highest court in the state. This is what Justice Davis said:
The appellants mother owns two-sixths of the property through one-sixth heirship and a purchase of one-sixth of the property from Mr. Tommy Ross Gainer, the grandson of Ramona Bingman’s aunt, Dora Gainer. The appellant’s uncle, Roger Rafferty, owns three-sixths of the property, acquiring two-sixths by heirship and purchasing one-sixth from his cousin, Richard Woofter.
On his property near his home, Roger Rafferty owned and kept various items of farming equipment including a five-foot-tiller, a four-foot brush hog, a potato plow, a four-row-cultivator, and a boom pole.
As you can hear by evidence of the SECRET AUDIO the Farm Equipment was rusted used junk purchased in 1980 and the tape was made in September of 2004 -24 years later!
Can anyone explain how Gilmer County can get a lie like that of those in the Gilmer County Court saying old used , rusted equipment was worth new retail prices all the way past the WV Supreme Court?!
If you add up Chief Justice Davis’ account in her majority opinion you can see that she made the opinion without consideration of who paid the taxes on the one sixth that was missing and then mentioned each piece of equipment we all heard given a value of much less than what Chief Justice Davis told the court and the other justices. It was never the home of Roger Rafferty. The home was equally owned. Gerald B Hough had the title pulled to cover his lie to the circuit court and then the matter was never explained in Supreme Court. The defendant spent two years complaining to counsel about non truthful facts being brought forward to Supreme Court.
These documents are proof the complaints were true and honest. Also countless complaints were made in writing that Davis specifically mentioned facts that were never part of the circuit court record by making the majority decision based upon the false fact that the defendant removed farm equipment from property not owned by his family, which was never mentioned in the court record, and not true or mentioned in previous court appearances. Clearly the defendant never moved or ever even touched the equipment and that was a matter of record. Davis lied.
Please regard these documents as proof that a crime has been committed by Previous Gilmer County Clerk for pulling the title to the missing one sixth to hide the ownership involving the Travesty of Justice case. By pulling the title to the missing 1/6th this act covered for a lie told to a Felony Jury by the Gilmer County Prosecutor and prevented the WV Supreme Court from recognizing equal ownership in a close 3 to 2 decision.
~~ By Editor Edison Gilmer County Concerned Citizens ~~
Title Fraud and SECRET TAPE Reveal Criminal Intent and Premeditated Criminal Actions By Gilmer County Clerk and Prosecuting Attorney Gerry Hough!!
A MYSTERY SOLVED!
The missing 1/6th of disputed property in the infamous Travesty of Justice Case mysteriously showed up years after it was needed in West Virginia Supreme Court in 2006 and 2007. The missing 1/6th was also MISSING and could not be used to the defendant’s advantage while fighting the case in United States Supreme Court in Washington DC.
The Circuit Court in Gilmer County NEVER got the ownership of the property correct and misled the jury leading them to believe a fact that was false, but accepted as fact as told to the jury knowingly by the Prosecution for Gilmer County Gerald B Hough.
The counsel for the defense that represented the defendant in US Supreme Court explained the TITLE FRAUD committed by Beverly Marks and Gerry Hough in detail to the Gilmer County Concerned Citizens President yesterday by phone, and will be getting into detail in a face to face meeting at 6pm again Wednesday January 12, 2010.
A crime of fiduciary concerns becomes a criminal matter when you trust that a Title or deed will be placed in a place where it will not be lost and that no reasonable harm will come to yourself or other persons affected by wrongdoing.
In other words a reasonable amount of trust is given to the County Clerk to see that deeds are not lost and lives are not ruined by actions of a Public Official. Marks ignored those concerns and followed the instructions of the Gilmer County Prosecutor and one other attorney that has full rein of the County Clerks office which conflicts with the fiduciary responsibility of the Gilmer County Clerk, according to a courthouse witness.
Unfortunately the person responsible for titles, pulled the missing 1/6th from the land books and there was clear intent of wrongdoing, since this missing 1/6th was such an important matter in a court case that the 1/6th would have proved equal ownership in property which was NOT presented to the jury and confused them.
However by hiding the title the legal matter reflected a much closer version of what Hough told the jury, which was that the defendants family owned 1/6th of 155 acres, when truthfully, years later, it has been confirmed that they indeed owned 3/6, but the truthful matter was never brought forward in Circuit Court or in ALL of the highest courts in the land and in Gilmer County.
The hiding of the missing 1/6th Title is a very serious infraction, because of the importance of the evidence needed, the criminal infraction by the Clerks office is equal to bank robbery or kidnapping and should carry a severe penalty!
It is said that fiduciary duties are not to be in a situation where personal interests come into play and in this instance public trust was breached in a seriously criminal way. Supreme Court counsel for defense said, Marks should do at least ten years if found guilty in a court of law, along with her associate Gerald B Hough!
The property disappeared off of the land books and it will be proved to be an error on the part of the transfer clerk which recently was Jean Butcher. However, it was Beverly Marks who was responsible for those duties during the time the missing 1/6th was absent from court testimony!
The document was needed from 2004-2006 in circuit court and 2007 for a WV Supreme Court decision that was extremely close. Because there was no title proof of ownership, the jury, and the court could not know that there was equal ownership in a property dispute that somehow turned into a criminal case, although experts say it should have been a civil action all along. Investigators are convinced Hough did this ill fated act intentionally, by convincing Marks it was her duty to lose the title.
Jury members are going to be sought for questioning in this case as there has been whispered reference to jury tampering from inside the Gilmer County Courthouse also.
And interviews will be needed to prove the jury was influenced by the criminal action of Hough and Marks.
The title would have followed through to the Gilmer County Assessor’s office Gary Wolfe who produces those land books, once it mysteriously turned up again. In this instance at some point the missing 1/6th was discovered and put back on the land books, and that was Oct 13th 2010 and the computer generated the time as 10:33am.
I want to make it perfectly clear that in no way shape or form is the County Assessor being blamed for any wrongdoing. Actually, given all the facts, I believe Mr. Wolfe is convinced that there has been severe wrongdoing by the clerk or someone in the clerk’s office, but so far has not made an official statement to that effect.
If a person went through the Land Books in the back of the clerk’s office, they could determine when the missing 1/6th was being assessed for taxes and when it disappeared from the record and when it reappeared. It takes a while and some effort, but it is public record and we expect that someone will try to cover their tracks!
When the missing 1/6th went back on the Land Books the Assessor would have back taxed it.
THAT IS EXACTLY WHAT HAPPENED! The missing 1/6th was hidden and then was JUST sold for back taxes NOVEMBER 18th on the courthouse steps when it was needed to prove ownership all those years in court!
By the virtue of the position of County Assessor you would think that something was not right in any similar situation as this!
The defendant’s family discovered this criminal matter on October 28th 2010 and immediately contacted the State Police and this matter was then brought to the attention of Mr. Garten at the Judicial Investigation Commission. His statement directly conflicts the statement of the State Police in regard to the fact that even though Gerry Hough committed a crime, that he was protected by the statute of limitation by state code as described in our last article on this Travesty of Justice matter.
Justice Davis informed the court that the defendant’s family only owned 2/6th which was incorrect. She also informed the justices that the farm equipment valued was valued at 1200 but the court record said 1100 and it will be proved by the Secret Tape to be presented by the Gilmer County Concerned Citizens.
The tape will be broadcast statewide as soon as it is processed to prove evidence had a value of much less than 1100 which was an absurd lie!
The real value of the equipment according to the appraiser at Lemon Equipment is only $390 which would have killed the case before it ever started, because it would have been already time barred in September of 2004, but Hough brought forth false value via a fraudulent appraisal and brought forward a bad faith prosecution with ill intent!
Davis also said in the majority opinion that the farm equipment property sat on property not owned by the defendants family, which was an utter lie and not in the court record!
The court record reflected the property was located where it was located via the photos shown in our last article, so therein lies the proof three years before the opinion of Davis. Davis also told the court it was the defendant that moved the property, when it was actually Gerald Ball and Danny Marks, but Hough told the court it was Dean Marks and Danny Marks.
Supreme Court Justice Davis committed blatant misconduct and should be held accountable. Justice Benjamin changed his vote at the last minute after hearing the final argument using the Boyd rule which disallowed the defendant the use of the same code that cleared Gerry Hough last week and the final outcome was a vote of 3 to 2.
To make the matter perfectly clear as it would be confusing to any reasonable person given all the press this case has gotten…
Here is the actual break down of ownership.
A Roger Rafferty 1/6
B Roger Rafferty 1/6
C Roger Rafferty 1/6
D Ramona Bingman 1/6
E Ramona Bingman 1/6
F Ramona Bingman/Ruth Woofter/Bingman paid taxes 1/6
In the recent criminal complaint against Hough involving the property Roanna Rafferty claimed she owned 1/6 but she did not own any property but told the jury she owned this piece:
A Roger Rafferty 1/6
That was a complete lie, as she owned NO PROPERTY as the facts revealed years later. Roanna is Ramona’s sister Roanna Arbuckle Rafferty. She changed her name back after getting divorced.
The missing one sixth is the piece of property marked:
F Ramona Bingman/Ruth Woofter/Bingman paid taxes 1/6
Property with the letter F the missing one sixth – which was under court order to be sold, but Marks blocked the sale -Woofter died just 11 days after the trial from a long illness and the stress of a long battle in the Gilmer County Circuit Court.
One attorney recently stated that the lawyer for the Woofter estate, Tim Butcher had Marks hide the title so that he could give manipulate the TITLE when the owner could not pay the back taxes for the title being hidden.
This is how the crime is committed!
When the titles are hidden no property taxes are asked for, because at that point the title to property is off the books but the lawyer that keeps the indices illegal has a copy to keep track. This procedure is highly illegal!
This fact alone is a crime!
Then, out of nowhere as if just discovered an owner who may own many other properties becomes confused as to why they all of the sudden owe 2,000 in back taxes and 2,000 in fines to redeem the property when they are certain they paid them on time.
Then a very rich local person will buy the tax lien in lots of 10k or 25k or more, and will send you a letter saying he will pay the 4000 that you owe in back taxes, create a new title in his name, and you will not be liable for the 4000 and he will give you another 1500 to sign the property over, therefore a rich man gets a 40,000 dollar piece of property free and clear for 5,500.
The county makes 4000 illegally and a Rich man becomes richer!
This time they got caught!
Here is what happened when Ramona Bingman went to pay her taxes in 2001- two of the titles to her property had already been hidden by the county clerk’s office and no longer existed. Bingman was given CASH by her son to pay the taxes.
Michelle Dawn Rose who was the county employee in the Sheriffs office could not find the title in the computer because it now did not exist.
So she was able to pocket the money, from a tax slip that no longer existed in the system, but that Bingman had been billed for in previous years.
Michelle Dawn Rose faces no consequence and Hough brow beat Ramona Bingman on the stand screaming how could any normal decent person forget to pay their taxes when in fact she paid them within a week of receiving notice for years and years and that is documented.
The Missing 1/6th was sold to Dorward Energy, and part was sold to Garnet Corp on November 18th 2010 on the courthouse steps A very nice piece of oil rich property Sold with a Dirty Deed Done Dirt Cheap was SOLD the same day the GFP informed the public of PUBLIC RECORDS FRAUD and ELECTION FRAUD!
However the property was already sold to Cecil Leon Ramsey ll in 2005 and the matter was documented by an attorney!
Bingman was in control of that 1/6 for a good part of her life, but the title was hidden once and hidden again after the court order to sell property came from a judge giving Bingman permission to sell it as the LEGAL Guardian for Ruth Woofter in 2005.
Marks was going to make sure that the sale was not recorded, because her associates did not make any money on it, and they had already targeted that particular piece of property to steal it via the method of TITLE FRAUD as far back as the year 2000 because it had an out of state Owner that was elderly and would not live long and they could just take it by hiding the property from the LAND BOOKS so that the title didn’t exist. And then, put it back in, which would immediately get a bill from WOLFE’S OFFICE sent to the property owner with thousands of back taxes that could NOT be paid! A wealthy local Glenville man could then pay the back taxes plus 1500 and get a prime piece of property for almost nothing, and I recently was shown the paper trail and evidence that proved the criminal scheme of MARKS and two local attorneys.
An investigator into the matter that is also a title attorney explained how it was done.
And then,ask me to gather the evidence and send it to the real owner for use in civil action against Gilmer County, but certainly the situation is both civil and criminal!
The title attorney suspects that the GILMER COUNTY CLERKS OFFICE has committed this crime many times on previous occasions and that he also suspects the criminals that buy the property are part of the TITLE FRAUD SCHEME and further, pay cash to Marks or another employee to carry out the crime.
The real ownership goes to Cecil Leon Ramsey ll and it all has to do with Marks refusing the court order to sell the property and not recognizing the sale to Ramsey.
Ruth Woofter was one of the last heirs of a war hero from the Spanish American War (her father a local veterinarian) and Ruth was the sister to a WW 2 war hero Albert J Woofter, a writer and a reporter for a Parkersburg News service for decades, and even worked at the local paper in Glenville after the war. How could the county steal from someone like that?
A transfer of title substantiates the missing 1/6th was court ordered from a judge and processed through the courts and the sale and the documents of the land exchange was authored by an attorney by the name of Hernstein and it was all legal, but, in Gilmer County, as a public official it is very apparent that you can break the law blatantly and then receive the support of the local judges, attorneys and the police.
Beverly Marks broke the law when she ignored the court order!
Her fiduciary duties were ignored and that should get her an immediate jail sentence, but not in Gilmer County where complaints were made as far back as 2006 and now that the criminal act is an issue; the history of the State Police will be to pull out the Statute of Limitations card, or say the matter is a civil matter when it is not.
Beverly Marks committed a very blatant criminal act and it was a violation of her public duties and the B&B Law Office were the Lawyers that were mentioned as her influence for her actions, along with Gerry Hough who desperately needed for the title to disappear to cover his lies to the Circuit Court and also to the WV Supreme Court and the United States Supreme Court and Gerry Hough got away with his criminal acts and has not been held accountable for such a blatant crime
Why are public officials in Glenville allowed to break the law? Was it is because of a former Governor Manchin policy concerning Glenville, and Gilmer County that as long as they support him they have free rein to break any law they want?
Many say it is so and thus giving Gilmer County authorities a ticket to go ahead and break the law with no consequence, and in so doing force the common people to suffer and go to jail and have their lives ruined needlessly. Thanks Big Joe! Will Joe Manchin use his power as a US Senator from West Virginia to continue this type of totalitarian national socialist behavior?
In this instance the crime of TITLE FRAUD is not a civil matter at all!
GET A CLUE! IT IS A CRIME!!
But, as soon as the local detachment of the State Police heard this latest criminal allegation, their initial reaction was to have the attorneys get the ugly matter into the civil courts when the situation is most assuredly criminal first and civil second. Arrest the criminals then file civil action later.
You can NOT hide titles so that they will disappear and even the highest courts in the land will confirm the deed and property as non-existent as was done in this instance.
When you knowingly hide a title that has been asked for in a HIGH PROFILE Supreme Court Case and it happens to be a situation where it has to be hidden to cover the lie of the local prosecutor, then that is certainly a crime considering the harm it caused.
If Marks would have followed the letter of the law, then title would have never been hidden and Ruth Woofter would have gotten her medical care and possibly lived, but unfortunately died shortly after Marks blocked the court ordered sale!
Marks stated to Cecil Leon Ramsey ll : that although, he already paid close to 38,000 for the property in a court ordered completely legal land transfer, that it was the prerogative of Beverly Marks to block the sale and change the beneficiaries of the property which then changed to an heir ship situation in which relatives that had not as much as sent Ruth Woofter an Xmas card for over 30 years received the money from the sale and not the legal guardian that paid taxes on the property for over 20 years.
The Gilmer County Concerned Citizens took it upon themselves to pay for the expert advice from professionals that finally figured out how the Gilmer County Public officials steal property from law abiding citizens.
Currently, it is possible Ramsey could lose the title to property he honestly bought, and the entire transfer was recorded and authorized by a judge and a lawyer.
BUT the transfer WAS NOT done by Gilmer County people that could make some money off the situation, so, Marks just shelved the title which just happened to be needed in every court in the high land, but old Beverly she has got it like that, because public officials are sanctioned by the governor and the State Police to LIE CHEAT, STEAL and generally break any law they want to, just ask Fred Hill!
Our biggest problem at the moment is a result of the political policy of the high ranking members of the State Police and the legal staff of Colonel Pack.
What is the answer to end the NIGHTMARE of GILMER COUNTY?
I say we send Col Pack, packing !!
We don’t need a superintendent of State Police that ignores crimes and gets a bunch of suited up city slicker fancy white collar lawyers to kick dirt over an obvious criminal infraction!
If the STATE POLICE attempt to cover up this crime that involves Title Fraud, then as concerned citizens we need to take action and form our own movement that is much more sophisticated than the tea party movement!
We need to take back our rights as AMERICANS and our rights as West Virginians and get busy removing every politician that condones this sort of activity the heck out of our state!
WE WANT THE AMERICAN DREAM!
NOT THE GILMER COUNTY NIGHTMARE!
We are asking that the State Police please do the job they have been contracted to do and make arrests and hold people accountable.
The next article will include the SECRET TAPE and it will be posted and will prove to all that hear it, that this case involving the missing 1/6th should never have been brought forward!
STAY TUNED to the GILMER FREE PRESS for the REST OF THE STORY!!
~~ By Edison – Gilmer County Concerned Citizens’ President ~~
January 14the the SECRET AUDIO aired to over 14,258 people during prime time hours on the Gilmer Free Press and all heard for themselves the lies, deceit and Conspiracy from Marilyn Matheny of Wood County and Gerald B Hough –If you have not heard the tape for yourself please write to email@example.com and we will see that you receive your own copy of:
” GILMER COUNTY CONSPIRACY EXPOSED!”
Finally the criminal activities of Gilmer County, WV Public Officials have been exposed for all to see for themselves how pathetic it all is in the Real Life Crooked County so here is a little something for Marilyn Matheny that lied her little Panties off!
Listening to the tape is truly getting to the heart of a case in the W V Court Systems from 2003-2009 and only now was the real truth exposed.
The goal of defense counsel for the long drawn out court case was to make contact with the decision maker for Lemon Farm Equipment, John Lemon, who was identified as the person whose job it was to make appraisals on farm equipment. And then, immediately get a price for each individual piece of equipment named in the indictment that Gerry Hough said added up to $2498.00 – 5 individual pieces of equipment.
5 ft. Agri-tiller
HICO- Boom Pole
4- row Cultivator
“It was like running through the Jungle once Old Marilyn jumped into the fact finding mission,” said long time California broadcaster Jim West, who only a couple of years before this Secret Audio was recorded, was heard as an Air Personality for the heritage Rock Radio Station 100.7 FM WMMS- Cleveland.
“I just wanted to get in there, and get the prices documented with some good audio and video, and capture the revealing evidence by documenting a situation we all knew had been exaggerated.”
“It took about five minutes longer to get it all done, but we got the prices for all five pieces so mission accomplished!!” …said West about the BUSTING UP of the expensive illegal scheme thought up by the CROOKS from Crooked County that live down by the Crooked river!
By Editor Edison/ Council of Concerned Citizens / WV Secret Seven Coalition
Recently more criminal charges were filed against Gerald B Hough Gilmer County Prosecutor involving perjury and subornation of perjury affecting a case that has been described as a…
“Travesty of Justice” which describes perfectly the most expensive misdemeanor outcome in the history of the state of WV!
The junk Farm equipment case (see photo’s) cost the state hundreds of thousands of dollars in tax payers money to prosecute just to get a wrongful time barred misdemeanor conviction from three felony charges defeated in court.
The famous Gilmer County case was in the Gilmer County Court system from March of 2003 until early 2006 where it was accepted by the West Virginia Supreme Court and was heard all of 2006 until September of 2007 with a 3 to 2 majority decision authored by Justice Davis who knowingly used false facts not part of the court record in her majority opinion and a complaint against Davis is currently pending due to new evidence in the investigation of her wrongdoing in this matter.
This case was then heard in the United States Supreme Court, but the new evidence that was discovered could not be used since it was not presented in the lower court, but could very well have proven the defendant completely innocent of all felony charges as claimed by the plead of not guilty.
As the president of the Council of Concerned Citizens of Gilmer County I have to report that evidence that proved Gerald B Hough committed the crime of subornation of perjury is very convincing and even convinced the state police that a crime had occurred! And further, that it was highly likely according to the evidence of a title opinion via the outcome of another court case proving ownership of property, that Hough and a witness for the state in the Travesty of Justice case did indeed commit a crime involving perjury and subornation of perjury!
Major Ingold of the Police Standards division made a statement at 9:40 am this morning that state police under the advisement of Colonel T. S. Pack, Superintendent and his legal staff of lawyers decided that Hough was protected by the statute of limitations and state code 61-11-9:
§61-11-9. Limitation of prosecution; lost indictment.
A prosecution for committing or procuring another person to commit perjury shall be commenced within three years next after the perjury was committed. A prosecution for a misdemeanor shall be commenced within one year after the offense was committed: Provided, That whenever the indictment in any case shall be stolen, lost or destroyed, a new indictment may be found for the same offense mentioned in the former indictment, at the first term of the court after such theft, loss or destruction is discovered, or at the next term thereafter, and as often as any such new indictment is stolen, lost or destroyed, another indictment for the same offense may be found at the first term of the court after such theft, loss or destruction is discovered, or at the next term thereafter; and the court shall, in every case where any such indictment has been stolen, lost or destroyed, enter such fact on its record. Whenever such new indictment is found, the clerk shall add to the entry of the finding thereof the following: “This is the second (or third, etc., as the case may be) indictment found against the said …………… for the same offense”; and the same proceedings shall be had in all respects on any such new indictment as might have been had on the first indictment if it had not been stolen, lost or destroyed. And if the offense mentioned in any such indictment is barred by the statute of limitations, the time between the finding of the first and last of such indictments shall not be computed or taken into consideration in the computation of the time in which any such indictment, after the first, should have been found.
The counsel for the defendant feels that this code does not apply to this case for various legal reasons!
Without a court hearing on the matter the State Police cited the WV State Code §61-11-9 which is the ONLY State code with a statute of limitation for a felony, therefore protecting Gerald B Hough from prosecution, although the state police DID NOT ARGUE AGAINST the fact that a crime did occur and that Hough was indeed guilty by the evidence of subornation of perjury.
Major Ingold before hanging up the phone during a heated argument over the issue suggested that the counsel for the defense had a strong civil action against Gilmer County and suggested that the defendant in this instance proceed with a civil suit against the county.
The Gilmer County Clerk Beverly Marks hid this missing 1/6 of 155 acres of surface property in dispute from the courts and the WV Supreme Court and should be held accountable for her actions, but she most likely will be protected too by some surprise code that is specific in the matter that it appears once again that the State of West Virginia and Gilmer County go to great lengths to make up their own rules!
Earlier this morning Jean Butcher was contacted in regard to why did the County Clerks office hide this evidence from the West Virginia Supreme Court? But her answer was on about an eighth grade level and was not pertinent to the facts involving the case in any way shape or form.
However, Jean Butcher did refer the matter to the President of the Gilmer County Commission so that the counsel for the defendant can file civil action against the County of Gilmer for hiding states evidence until the statute of limitations ran out, then mysteriously billing the former owner for back taxes.
But, the main concern of the civil action would be the fact that Gerry Hough got caught in criminal activity and even the state police believe the crime of subornation of perjury did occur, and their suggestion was to file the civil action against the county for the criminal action of Gerald B Hough for subornation of perjury!
The Gilmer County – Council of Concerned Citizens, firmly takes the position that Gerald B Hough is truly guilty of subornation of perjury in which the State Police did not argue against.
They only stated in a very matter of fact manner that Hough was protected by a three year statute by not allowing for the fact the case was in appeals court for 4years in which the case officially ran its course on July 29, 2009 for the 4th Circuit Court of Appeals in Richmond Va. and April 2008 date when the case was before the United States Supreme Court, in Washington DC.
I was told at 11 am this morning that the US ATTORNEY was already notified of this dispute with the State Police over the use of the specific code mentioned on a case that was decided by the seldom used Boyd Rule which denied the defendant his right to the statute of limitations.
The Council of Concerned Citizens was also informed that another official federal criminal complaint will be filed against Hough before Friday the 7th of January.
I find it interesting that the Gilmer County Prosecuting Attorney Gerald B Hough was protected by the ONLY state code with a statute of limitations on a felony!
How convenient for yet another cover up by the West Virginia State Police!