STATE POLICE PROTECT GERALD B HOUGH-QUOTE ONLY CODE IN WV WITH STATUTE OF LIMITATIONS
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!
Posted on January 5, 2011, in Cal Patty Press Glenville, CalPatty Press Gilmer County, Crooked County Crooks, Revenge of the Ghost Wolf, Secret Seven Coalition and tagged Cal Patty Press Calhoun County, Gilmer County, The CalPatty Press brings you the REAL TRUTH! Read at your own Risk!. Bookmark the permalink. 14 Comments.