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Motion to Dismiss Indictment, FILED in State Police Burglary Case – Known biased Judge Timothy L. Sweeney currently slated to hear Motion

Defendant John Manis Richards who has filed two (2) Judicial Investigation Complaints against Judge Timothy L. Sweeney will ask the Judge to recuse himself from the Ritchie County Circuit Court Case which has been pending for over Three (3) years due to Official Misconduct in denying discovery in the Case (Discovery still not provided by the State). Richards will also file before November 19th, 2015 a Motion to Compel the State to produce full discovery.

Judge Timothy L. Sweeney has previously denied the Defendant, John M. Richards the right to be heard on timely filed Motion(s) in the Circuit Court of Ritchie County, West Virginia. The previous malicious intent denials of Due Process by Judge Sweeney have occurred in case 13-F-7, where the Defendant was charged with assisting two other individuals with allegedly burglarizing the West Virginia State Police Headquarters in Harrisville.

The Defendant was incarcerated for Six (6) months pursuant to ramifications of the false charges lodged against him by Rogue Officials in Ritchie County.

During the Defendant’s six months of incarceration he had the luck of having the Honorable Judge/Justice Larry V. Starcher who was acting as Judge with Senior Status held a full and complete evidentiary hearing on the false charges lodged against the Defendant by the Rogue State Police Officers working out of the Corruption Den at the Harrisville State Police Office.

Judge Starcher with well over 30 years acting as a Judge in West Virginia vigilantly examined evidence and thoroughly questioned the WV State Trooper, Jason L. Brewer, who investigated and obtained the alleged confession/statement from State Witness Mr. William Willis Estep II. After listening to Trooper Jason L. Brewer, Judge Starcher was not convinced the defendant committed the alleged offenses and denied any further incarceration of the Defendant by stating:

“This Judge has not been convinced by a clear and convincing preponderance of the evidence that the defendant committed the alleged offenses.”  – – Judge Larry V. Starcher

There has been criminal misconduct/evidence uncovered in Ritchie County grand jury transcripts that two West Virginia State Troopers from the Harrisville State Police Headquarter, Corporal Jason L. Brewer and Sargent Clinton Edward Boring have committed criminal perjury (lied) while presenting testimony and fabricated evidence to gain wrongful indictments in the Court of Judge Timothy L. Sweeney in the Circuit Court of Ritchie County, West Virginia. Judge Sweeney is a new Judge who was appointed as Judge by Governor Earl Ray Tomblin to fill the vacancy in the 3rd Judicial Circuit after Judge Robert Holland passed away.

The Defendant argues that the record will reflect that Judge Sweeney is partial to allowing Mr. Steven A. Jones (Ritchie County Prosecuting Attorney) to knowingly and willingly submit false statements to the Court with no reprisals. Transcripts of the proceeding conducted in the Ritchie County Circuit Court on November 18, 2013 will reveal the Prosecutor presented false information to the Court where Prosecutor Jones stated that Mr. David Carl Wine had been charged with a Firearms violation after being released on Bond in his Ritchie County Court Case. However, this was simply not true but Judge Sweeney without further information or records of fact Ruled to Revoke Mr. David Carl Wines Bond and further Ordered Mr. Wine remanded to the Regional Jail. Prosecutor Jones is a veteran Prosecutor and is well rehearsed in pulling the wool over the eyes of Judge Sweeney who lacks experience as Judge and also lacks personal responsibility of upholding the integrity of the judiciary.

Furthermore, Judge Sweeney showed [His] Court was again PARTIAL to allowing Prosecutor Jones to knowingly and willingly submit false statements to the Court without consequences. At the November 18, 2013 hearing, the Prosecutor as little as Four (4) hours later after presenting the False information about Mr. Wine allegedly being charged with a Firearms violation, Prosecutor Jones verbally declared to Judge Sweeney that he may Motion the Court to revoke the Defendant’s Bond in the case, stating the Defendant John M. Richards had committed additional crimes since his release on Bond in the case. The Court at that time in the proceedings, did state something to the fact, that the information Prosecutor Jones presented regarding the Defendant having committed additional crimes since his release on Bond in the case was believed by the Court to be incorrect. Even with Judge Sweeney stating on record that the information was incorrect, still failed to abolish Prosecutor Jones for the false or misleading statements to the Court.

Transcripts of the proceeding conducted in the Ritchie County Circuit Court grand jury proceeding in State vs. David Peter Weekley and State vs. John Manis Richards gives evidence of Criminal Misconduct on the part of both Troopers Brewer and Boring.

Judge Timothy L. Sweeney although being accused of continually covering up the criminal misconduct of Prosecutor, Steven A. Jones and WV Troopers, J. L. Brewer and C. E. Boring, currently has before him for his personal consideration and Ruling a Motion to Dismiss Indictment of John M. Richards where the indictment was procured by prosecutorial misconduct along with the deliberate perjury and or other misleading testimony to the grand jury by Trooper, Clinton Edward Boring that prejudiced the grand jury’s decision to indict the Defendant. Will Richards receiving an unbiased ruling on the Motion to Dismiss Indictment? Of Course, Richards is whispered to be filing a Motion with the Supreme Court of Appeals, of West Virginia to Recuse Judge Sweeney from the case, or even perhaps filing a Writ of Prohibition, and have whichever heard prior to trial, during conference dates with the WV Supreme Court in November which said conferences are respectfully scheduled on Nov. 10th, 17th, 18th and 19th. Motions are prepared and will soon be submitted to the Clerk of the Supreme Court, Rory L. Perry II, Clerk of Court, State Capitol Rm E-317, 1900 Kanawha Blvd. East, Charleston WV 25305

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– – – Harrisville State Police Headquarters – Den of Corruption – – –

Three years ago today, the Harrisville State Police Headquarters in Ritchie County, West Virginia was found to have been burglarized when the detachment’s secretary reported to work at 8:00 a.m. on the morning of October 31, 2012 and discovered a back office window had been removed and the building’s Evidence Room had been breached.
Two weeks after the break-in three individuals were arrested for the crime. However, there was only one man that State Police were honestly able to collect evidence on that tied the man to the crime.

That one man was a convicted felon who was a previously convicted burglar, thief, known drug addict and con-man by the name of William Willis Estep II. What helped authorities partially solve the case was Mr. Estep’s mother-in-law, Kim Jacobs who is reported as being Mr. Estep accomplice in numerous crimes, were sharing the drugs that were reported as missing from the Harrisville State Police Evidence Room. However, the large amount of hard drugs including Meth, Bath Salts, etc. soon put the duo at each other’s throat and Mr. Estep being tweaked-out kicked Ms. Jacobs out of his Wood County apartment where they were held up since the burglary took place. Well, Ms. Jacobs did what every law abiding citizen would do after the drugs ran out and she was kicked out, and that was call the state police and report what she had knew for over two weeks, that being, Mr. Estep broke into the State Police Evidence Room.

Well, I must report that Mr. Estep gave a full confession and Mr. Estep impressed authorities by giving them information that only the perpetrator would have known. Mr. Estep did indeed give a confession, however the confession was self-serving and one that he had been contemplating since the burglary two weeks prior, he just did not know who to blame the crime on until Trooper Jason L. Brewer started questioning him and leaking bits of information that showed him that Trooper Brewer wanted John Richards and his friend David Wine charged with the crime as well.

Trooper Jason L. Brewer is the same Harrisville State Trooper that has been recently reported for committing perjury and other forms of criminal misconduct in the Ritchie County Circuit Court Case of David Peter Weekley where the original indictment in the Weekley case was dismissed pursuant to Trooper Brewer’s perjury to the grand jury. Later a Ritchie County Jury found Mr. Weekley not guilty of all charges that Trooper Brewer lodged against him.

Well, back to the he said she said BS… Mr. Estep knew Kim Jacobs could sink his butt in a jail cell for a long time, therefore, Mr. Estep did not want to place equal blame back on Ms. Jacobs and report her as his accomplice in the Harrisville State Police burglary as he knew she would give further information on other crime the two were involved with that truly had a solid paper trail of their criminal behavior, yes hard evidence not the he said, she said BS!

Trooper Jason L. Brewer was not happy with the story that one man burglarized his candy crack shack and coerced Mr. Estep to name two other individuals he wanted arrested and falsely blamed for participating in the crime. Well, I will admit Trooper Jason L. Brewer did concoct a great conspiracy in claiming that it took more than a smash and grab guy that Mr. Estep was known for in a multi county area to make the quick hit on the State Police Office.
Folks are scratching their head and are asking; how in the world did Mr. Estep and Ms. Jacobs pull the story off? It is quite simple folks, it took two Rogue Troopers to pull it off, along with one seriously twisted Prosecuting Attorney that being, Ritchie County Prosecutor, Steven A. Jones who has been removed from the case.
Of course a Magistrate was lied to which secured arrest warrants, a Ritchie County grand jury was flooded with prosecutorial misconduct and boat loads of perjury and misleading evidence was presented by a Sargent with the West Virginia State Police that prejudiced the grand jury’s decision to indict two of the innocent defendants.
More information will be released soon, of the Official Corruption in Ritchie County, West Virginia that involves bias and prejudicial actions or inactions by Judge Timothy L. Sweeney in the case…
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West Virginia State Police Sgt. Clinton Edward Boring “Busted” for Perjury in Ritchie County grand jury proceeding – State Police counting on Judge Timothy L. Sweeney to cover-up the criminal law violations of Trooper C. E. Boring, just like Judge Sweeney did in the recent Perjury case involving Trooper Jason L. Brewer.

IN THE CIRCUIT COURT OF RITCHIE COUNTY, WEST VIRGINIA

STATE OF WEST VIRGINIA,

Plaintiff,

Case No. 13-F-7

                                                                                                                                          Judge Timothy L. Sweeney

John Manis Richards,

Defendant.

MOTION TO DISMISS INDICTMENT

Now comes the Defendant, JOHN MANIS RICHARDS, and moves this Honorable Court pursuant to Rule 12(b)(2) of the West Virginia Rules of Criminal Procedure, to Dismiss the Indictment in the above styled matter, and enter an Order dismissing the indictment, in its entirety, with prejudice.

The Defendant offers proof with this Motion that the indictment in this matter was fraudulently obtained, by prosecutorial misconduct along with the deliberate false or misleading testimony to the grand jury by WV State Trooper, Clinton Edward Boring that prejudiced the grand jury’s decision to indict the Defendant.

Background

  1. Defendant was charged by criminal complaint on November 15, 2012.
  2. Judith A. McCullough was the Ritchie County Prosecuting Attorney at that time.
  3. Steven A. Jones, took office as the Ritchie County Prosecuting Attorney on January 1, 2013.
  4. Counsel for the State, Steven A. Jones presented the case to the Ritchie County grand jury on June 3, 2013, and the grand jury found a true bill against the defendant.
  5. Prosecutorial misconduct occurred in the case when Counsel for the State, (Prosecutor Steven A. Jones) knowingly and willingly allowed deliberate perjury to be offered to the grand jury by Trooper C. E. Boring for the sole purpose of obtaining an indictment.
  6. The Defendant, on the 11th day of May, 2015 by and through his attorney, George J. Cosenza, filed Motion To Recuse Steven A. Jones, the Prosecuting Attorney of Ritchie County. The Court failed to act or even set a hearing date on the Defendant’s Motion. However, Prosecuting Attorney, Steven A. Jones made his own request to be recused from the case and this Court filed on June 18th, 2015 a Request for Appointment of Special Prosecutor.
  7. Thereafter, M. Paul Marteney, of 301 Court Lane, St. Marys, WV 26170 was assigned as Special Prosecuting Attorney for this Ritchie County Circuit Court Case.
  8. Upon examination of the information set forth in this Motion and information found on the Official Record of this Case, the Defendant prays the Court will find that prosecutorial misconduct along with perjured testimony presented to the grand jury by Trooper C. E. Boring prejudiced the grand jury’s decision to indict the Defendant.

As good cause for this Motion, the Defendant states the following:

  1. In the Indictment proceeding in this matter, Trooper Boring presented information to the grand jury about a gun that was allegedly stolen from the Evidence Room at the Harrisville State Police Headquarters, he made the following direct and misleading statement to the grand jury:

“What they did, him and John Manis Richards, took that gun to Big Springs post office. I don’t know if you know where Big Springs is out on 16, and put it in that post office box trying to throw us off, is what Estep said.” – -Testimony of Trooper C. E. Boring, grand jury transcript page15 lines 23, 24, & 25 and page 16, lines 1 & 2.

A copy of the Transcript of the grand jury proceeding in this matter is attached hereto as “Exhibit A.”

  1. Trooper C. E. Boring knowingly provided false and incorrect information to the grand jury regarding the actual content of a statement Mr. William Willis Estep had provided to Harrisville State Troopers, C. S. Jackson and J. L. Brewer on November 15, 2012.
  2. Mr. Estep’s statement was to the contrary of what Trooper C. E. Boring falsely presented to the Ritchie County grand jury. On page 8 of Mr. William Willis Estep’s statement to police, Mr. Estep claimed he did not know where or what County the gun in question was dropped in, other than claiming: “…they was gonna drop them in a mail box and let the postmaster find the revolver.”
  3. Furthermore, Mr. Estep clearly answered a direct question from Trooper Jason Brewer were Brewer asked Mr. Estep: “Do you know what County he dropped the pistol?” Mr. Estep answered: “No sir…” Statement of William Willis Estep II on 11/15/2012 page 8. A copy of Mr. Estep’s Statement is attached hereto as “Exhibit B.”
  4. Defendant respectfully wishes to remind the Court that a Motion had been filed with this Court on a pervious date to dismiss an indictment in the Case of State of West Virginia vs. David Peter Weekley 14-F-28, which also involved perjury being submitted to a Ritchie County grand jury in that matter. In that case the perjury also involved a member of the Harrisville State Police and the Prosecutor involved in that case was none other than Steven A. Jones. This Defendant feels an investigation into the matter of Prosecutorial Misconduct in cases that Steven A. Jones is involved with would uncover a bad faith standing of misconduct by Prosecutor Jones that represents a systemic problem of misconduct and lack of integrity of Prosecutor Jones and members of the Harrisville State Police.
  5. In the June 3rd, 2013 indictment proceeding, information by Trooper Boring was presented to the grand jury where the Harrisville State Police Office was broken-into and various forms of drugs and other items were stolen from an evidence room in the State Police Office.
  6. Trooper Boring gave further testimony to the grand jury that 13 days after the Harrisville State Police break-in had occurred, a lady named Kim Jacobs called Trooper Jason L. Brewer and reported that her daughter’s boyfriend, William “Billy” Estep broke-into a State Police Office somewhere and stole drugs and brought the drugs to where Mrs. Kim Jacobs was staying in Parkersburg, WV with her daughter Brandy Jacobs.
  7. Although, Kim Jacobs never mentioned an address where she was staying with her daughter Brandy Jacobs in Parkersburg, Trooper Boring described this address to the grand jury; “at 820 Williams Highway which is located in the Parkersburg area of Wood County.” A copy of Kim Jacobs Statement is attached hereto as “Exhibit C.”
  8. Counsel for the State allowed Trooper Boring to give misleading testimony to the grand jury that illustrated the address where Kim Jacobs was staying with her daughter and observed Mr. William Willis Estep with a black bag containing drugs was 820 Williams Highway, Parkersburg, West Virginia, with Trooper Boring giving further misleading information to the grand jury that the Residence was the Residence of John Manis Richards and Trooper Boring also stated “This residence is owned by John Manis Richards.”
  9. More pacifically Counsel for the State suborn perjured testimony from Trooper C. E. Boring where Trooper Boring gave testimony to the grand jury that the property at 820 Williams Highway, Parkersburg, West Virginia was owned by defendant, John Manis Richards. Grand jury transcripts page 12 lines18 & 19 has Trooper Boring testifying “This residence is owned by John Mannis Richards.” (This was a misleading statement to the grand jury) of which Counsel for the State had information available to him proving Trooper Boring gave this perjured testimony to the grand jury but Counsel for the State failed to inform the grand jury of the perjury.
  10. On November 14, 2012, State Police obtained and executed a search warrant that clearly outlined the residence of William Willis Estep as being at 820 Apt. # 1 located on Williams Highway in Wood County. This solid information of Apartment # 1 being the residence of Mr. Estep was intentional left out by Trooper C. E. Boring while he gave the false information to the grand jury that Mr. Estep was seen with a bag of drugs by witness Kim Jacobs at 820 Williams Highway, which Trooper Boring also falsely presented testimony to the grand jury that John Manis Richards was the owner of the residence at 820 Williams Highway. Also, Counsel for the State had information available to him proving the Defendant did not own the residence at 820 but failed to inform the grand jury of the perjury. Trooper C. E. Boring further presented false and misleading testimony to the grand jury when he stated;

“Through that statement from Kim Jacobs a search warrant through Wood County was obtained. Later that day we served a search warrant on that residence in Wood County. – – Trooper C. E. Boring Testimony – Transcript from grand jury page 12, lines 22 – 25

This was false and misleading testimony to the grand jury regarding serving a search warrant on that residence in Wood County, as a Search Warrant was obtained in Wood County which described Apartment # 1 and being the residence of Mr. Estep. However, police did not serve a search warrant on the residence of the Defendant, John Manis Richards.

State Police lead by Trooper Jason L. Brewer did however, kick in the front door of the Defendant, John Manis Richards’s father’s home and ordered the Defendant to the floor at gun point and search his person and the residence and outbuilding, but no search warrant was obtained from Wood County for the Defendant’s or his Father’s residence, as evidence no search warrant was produced to Defendant or his Father nor can a search warrant for the Defendant residence be found on the Record.

Ritchie County Grand Jury Transcripts pg. 12, lines 18 & 19. “This residence is owned by John Manis Richards.” This perjured statement to the grand jury by Trooper Boring was known to be false by Prosecutor Jones as both the State and Trooper Boring had information available to them that clearly showed the statements made by Trooper C. E. Boring were false. Please see: Transcript pg. 12, lines 17 & 18, of grand jury proceedings heard on the 3rd day of June, 2013, at the Ritchie county Courthouse, Harrisville, West Virginia, Case # 13-F-7, 8. Please be advised that the Defendant, John Manis Richards has never owned a residence at 820 Williams Highway, Parkersburg, WV as the Counsel for the State allowed to be presented to the grand jury nor has the Defendant, John Manis Richards ever owned any residence or real-estate in Parkersburg or any other City or County around Parkersburg, WV.

Regardless of the source of the information being presented to the grand jury, the State has access to multiple databases that would reveal the fact that Defendant, John Manis Richards does not own property in Wood County, West Virginia as falsely presented to the grand jury by Harrisville State Police Sgt. C. E. Boring.

Trooper C. E. Boring was misleading the grand jury while interweaving facts with false testimony to the grand jury. Here is an example of Trooper Boring’s interweaving of fact and fiction with his mislead testimony:

“…that residence is located at 820 Williams Highway which is located in the Parkersburg area of Wood County. They began to perform surveillance on this residence. This residence is owned by John Manis Richards. He has apartments around this residence that William Estep and his girlfriend lived in.” Through that statement from Kim Jacobs a search warrant through Wood County was obtained. Later that day we served a search warrant on that residence in Wood County.” – – grand jury transcripts page 12, lines 16 – 25

    1. There was several parts of that testimony to the grand jury that both the State and Trooper C. E. Boring knew was false and misleading as both Prosecutor Jones and Trooper Boring had information available to them that the Defendant did not own the residence at 820 and the Defendant does not own or have an apartment that; “William Estep and his girlfriend lived in.” Also, both the State and Trooper C. E. Boring knew that a search warrant was not obtained through Wood County on the Defendant’s residence and both the State and Trooper Boring knew a search warrant was not served on the Defendant John Manis Richards’ residence. However, Counsel for the State allowed the misleading information to be presented to the grand jury that seemed to indicate Defendant John Manis Richards’s residence was served with a search warrant obtained from Wood County. This misleading testimony was clearly provided to prejudice the grand jury to indict the Defendant.
    2. In yet another outright submission of intentional perjury presented to the grand jury by Trooper C. E. Boring was where Trooper Boring started to tell the truth about what Kim Jacobs actually said in her statement, but quickly realized or remembered that Mrs. Kim Jacobs’ story just did not corroborate Mr. Estep’s story. So, Trooper C. E. Boring knowingly and willingly presented perjured testimony to the grand jury by testifying that Mrs. Kim Jacobs has made the statement that her daughter’s boyfriend and also the father of her daughter’s children, had come home late on the 31 and stated that – – or early morning hours of the 31st, stated that he had a bag that contained some drugs in it, and he comes into the residence and goes into the back room. The daughter tells the mom, “Mom, you got to be quiet about this because he just said he broke into a state police office somewhere.” Trooper C. E. Boring perjured himself when he said; “or early morning hours of the 31st,” as Trooper C. E. Boring had in his possession an audio and written statement taken on November 14, 2012. This audio and written statement by Kim Jacobs clearly gives evidence that Trooper Boring committed yet another instance of premeditated perjury in his goal to obtain an indictment in the case.
    3. In Mrs. Kim Jacobs November 14, 2012 statement page 6 she was asked if Mr. Estep left at any time between Monday and Wednesday and Mrs. Jacobs said: No, he was just on the phone a lot. Mrs. Jacobs was asked if Mr. Estep “…stayed in the house all, the whole time?” Mrs. Jacobs said: Yes. In Mrs. Kim Jacobs’s statement she agreed that Mr. Estep was home from Monday to Wednesday which would have been Monday October 29, Tuesday October 30, and Wednesday October 31, 2012. Mr. Estep stayed in the house the whole time according to Mrs. Kim Jacobs’s audio statement of November 14, 2012.
    4. Therefore, with Prosecutor Jones having both the audio and written statement of Mrs. Kim Jacobs available to him before and during the June 3rd 2013, grand jury presentation, Counsel for the State knowingly and willingly failed to inform the grand jury of the perjury present to them by Trooper C. E. Boring, which again prejudiced the grand jury to indict Defendant.
    5. Another instance where Prosecutor Jones and Trooper C. E. Boring conspired to knowingly and willingly present false testimony to the grand jury is located at page 20 of the grand jury Transcript line # 19. In that perjured testimony, Trooper C. E. Boring gave answer to a specific grand juror’s question, where the Juror ask: “Who was the truck owned by? Trooper C. E. Boring replied: “John Manis Richards.” Again both the State and Trooper C. E. Boring had information available to them proving the truck allegedly used in the crime was not owned by Defendant, John Manis Richards. Matter of fact WV-DMV records prove that Defendant has not owned or had registered to him any kind of truck for well over 8 years. But again Prosecutor Jones failed to inform the grand jury of the perjury being knowingly and willingly presented to them by Trooper C. E. Boring.
    6. The grand jury transcripts page 13 lines 6 – 20, Trooper C. E. Boring gave lengthy testimony to the grand jury regarding a light colored 4 door truck driving by his Harrisville State Police Headquarters which was caught on the video surveillance equipment at the Headquarters shortly before the power was interrupted.
    7. Current Counsel for the State, Mr. M. Paul Marteney has still not as of the filing of this Motion, provided the Defendant full discovery regarding all video surveillance footage of the Harrisville State Police Security Video. Pursuant to testimony to the grand jury that was provided by Trooper Boring;
    8.  “We brought up – the communication guy comes up and burns that entire day’s video onto a DVD for us.” Grand jury transcript page 6, lines 16 and 17.
    9. The Harrisville State Police Office was equipped with Motion Activated Video Surveillance Equipment. However, despite having video surveillance equipment that recorded the entire day of October 30th, 2012 (Day of alleged B&E) on a digital video recorder, DVR and then having the data saved to a DVD, Prosecutor Jones only provided a partial segment of the DVD in question to the Defendant. The segment provided to the Defendant by the State is only 37 minutes of footage. The only conclusion to be drawn over the refusal or failure of the State to provide the Harrisville State Police’s DVD of the entire day’s footage of October 30th, 2012, is that it would be harmful to the State’s case.
  • Counsel for the State has withheld the video footage from defense even knowing a trial was docketed to take place in the case on numerous occasions in 2013, 2014, and 2015 which has caused the Defendant to forfeit his right to a fast and speedy trial due to Counsel for the State continued prosecutorial misconduct in denying discovery in a timely manner in the case.
  • The Defendant claims that Counsel for the State conspired with Trooper C. E. Boring to give misleading facts in testimony to the grand jury of just what the Harrisville State Police Security Video actually showed or did not show regarding the truck in question. Defendant also wishes to inform the Court that the Harrisville State Police Security Video/DVD is considered to be exculpatory in nature by the defense.
  1. Also, as of the time of filing of this Motion, Counsel for the State has not provided several photographs takin by State Police of evidence at the alleged crime scene and the withheld photos may prove a breach of the Chain of Custody regarding DNA evidence which is allegedly linked to Earbuds reported to have been found in the hallway of the Harrisville State Police Detachment. Once again, the only conclusion to be drawn over the refusal or failure of the State to provide the photographs is that it would be harmful to the State’s case, and thus, is another item of exculpatory evidence that the State has failed to disclose.
  2. The Defendant respectfully gives evidence that the Court, Honorable Judge Timothy L. Sweeney has acted with bias toward the Defendant, John Manis Richards in this case when Judge Sweeney attempted to retaliate against the Defendant because the Defendant Filed a Complaint with the West Virginia Office of Disciplinary Counsel (ODC). This Court, Judge Timothy L. Sweeney claims that the Defendant John M. Richards has filed an ethics complaint against the Prosecutor. The Judge further made a bias statement, without investigation, claiming the Defendant has lied about the Prosecutor and a police officer and caused the Prosecutor to respond at least three times. The Judge continues to state that he believes this conduct is in violation of West Virginia Code Section 61-5-27, and the Judge, Timothy L. Sweeney has requested that the Defendant be investigated for possible violation of the criminal statute. The Defendant includes a document with evidence of bias by the Court which is attached hereto as “Exhibit D.”
  3. At this time the Defendant respectfully informs the Court that full discovery has still not been provided by the State and further the Defendant states he has not lied about the Prosecutor Steven A. Jones or a police officer.
  4. The Defendant has been and is currently acting with unbiased knowledge of documented facts and is respectfully alleging that Ritchie County Prosecutor, Steven A. Jones knowingly and willingly allowed perjury to be presented to the Ritchie County grand jury and Harrisville State Police Detachment Commander, Sargent Clinton Edward Boring committed felonious perjury during the June 3rd, 2013, presentment of the Defendant’s case to the grand jury.
  5. The Defendant is alleging that Trooper Boring, who was then under oath, willfully testified falsely regarding a material matter before the grand jury which was considering a felony indictment.
  6. In the ODC Complaint(s) filed against Prosecutor Jones the Defendant outlined various bouts of prosecutorial misconduct such as the Prosecutor acting in bad faith by continually denying pretrial discovery which caused numerous delays in the Defendant’s case. The Prosecutor’s actions of bad faith continued throughout a several year timeframe as Prosecutor Jones had intentionally rejected verbal and written requests for full discovery by at least three attorneys.
  7. Prosecutor Jones was deliberately withholding several portions of discovery as he knew the discovery demonstrates prosecutorial misconduct as well as perjury presented to the Ritchie County grand jury during the June 3rd, 2013 indictment process in this case.
  8. The Defendant’s first request for full discovery took place in June of 2013. On behalf of the Defendant, Attorney John M. Butler also made a written request for discover in early 2014 and on February 19, 2015, the Defendant’s Court Appointed Attorney, Mr. John M. Butler who was trying very diligently to obtain full discovery sent the Defendant the following two e-mails which gives evidence that Prosecutor Jones was still alluding the issue of providing full discovery.

 The following is a Screen Shot of those e-mails regarding the Harrisville State Police Security Video which Prosecutor Jones had been concealing.

  1. These two e-mails provide evidence that Prosecutor Jones as of the e-mail date in the screen shot, still had not provided full discovery to the defense which was prejudicial to the Defendant, causing more delays in preparing and presenting his case for trial.
  2. Further evidence of Prosecutor Jones acting in bad faith and causing further delays in the Defendant’s case is shown with a letter dated May 11, 2015 from George J. Cosenza which is the Defendant’s current case Attorney who was hired by the Defendant in hopes to secure full discovery from Prosecutor Jones. The Defendant was having feelings that the case might not be accurately prepared and presented for trial due to prior Court appointed Attorneys failing to files Motions to Compel the State to produce full discovery.
  3. The following information is an abstract from a letter from Attorney, George J. Cosenza addressed to Prosecutor, Steven A. Jones:

Re: State of West Virginia vs. John Manis Richards Case No.: 13-F-7 “On April 2, 2015, and on April 30, 2015 I forwarded letters to you requesting a meeting at your office to view, and discuss all videos regarding the above cited matter. As of this date, I have not received a response from you. On April 30, 2015, I also requested that you forward an audio copy of the interview of Brandy Jacobs. If we do not received the requested info and a response from you regarding a meeting to see the videos, we are going to file a motion to compel. Please contact my office as soon as possible.”

  1. Please see Defendant’s “Exhibit E.” which again is a letter dated May 11, 2015, addressed to Prosecutor Jones from attorney George J. Cosenza requesting for the third time to have a meeting with the State regarding discovery that had not been provided.
  2. A review of the grand jury Transcript and various forms of discovery such as the West Virginia State Police Security Video gives clear evidence of criminal misconduct by Prosecutor Jones and Trooper Clinton Edward Boring, where both men knowingly and willingly allowed false and misleading testimony to be presented to the Ritchie County grand jury. Yes, (Perjury). A criminal law violation.
  3. In the many instances of perjury presented to the grand jury, Prosecutor Jones and Trooper Boring were acting in bad faith while painting a false picture to the grand jury which again, was designed to falsely tie the Defendant John Manis Richards to the alleged crime scene by describing a light colored four door Chevy Truck driving by the Harrisville State Police Office and Trooper Boring was testifying falsely that the truck in question was the last vehicle the video surveillance equipment picked up before power was cut to the surveillance equipment. However, the truck in question is seen in the surveillance video footage at 22:50 hours and just 7 minutes later, at 22:57 hours another vehicle enters the video footage and drives up Ford Street in the same direction, following the same path as Trooper Boring described the truck traveling. But, again Trooper Boring mislead the grand jury by saying the truck was the last vehicle the surveillance system picks up before the power was cut to the system.
  4. Trooper boring further falsely tied the Defendant to the truck in question, by answering a direct question from a jury member who asked:
  5. JUROR: “Who was the truck owned by?”
  6. TROOPER BORING: “John Manis Richards.”
  7. Please See Ritchie County grand jury Transcript of the 3rd day of June, 2013 Case #s 13-F-7&8 page 20, lines 18 and 19, for that exchange by a Juror and Trooper Boring.
  8. Both Prosecutor Jones and Trooper Boring had information available to them proving the light colored truck in question was not owned by John Manis Richards as both men had in their possession two photographs which were also provided to the Defendant by the State in an incomplete discovery request.
  9. Please see the attached “Exhibit F” being a photograph of the light colored truck they were presenting to the grand jury as the alleged truck that drove by the Harrisville State Police Office during the time in question. This photograph illustrates a license plate on the truck bearing the licenses number of (8NC 396) and that license plate number (WV-DMV Registration) indicates the truck is not owned by John Manis Richards. Prosecutor Jones and Trooper Boring again had access to several data bases at the County and State level that gave them information of who the owner of the specific truck was.
  10. Defendant’s “Exhibit G” is two separate photographs on a one page Exhibit, which again, said photographs, were provided by the State in the incomplete discovery process. The two photographs depict two separate but identical VIN Numbers (Vehicle Identification Number) in two separate locations on the truck in question. The VIN number describes the truck in question, but does not describe the truck being owned by Defendant, John Manis Richards. Please see WV DMV Certificate of Title to a Motor Vehicle which is attached as “Exhibit H.”
  11. The (WV DMV) Certificate of Title to a Motor Vehicle also describes the Truck in question but again, does not describe the Truck as being owned by the Defendant, John Manis Richards.
  12. Prosecutor Jones acted in bad faith by allowing Trooper Boring to mislead the grand jury with multiple false statements by claiming the truck in question was the last vehicle to drive by before power was cut, and further allowed the false testimony describing the Defendant was the owner of the truck. Again, Prosecutor Jones had information in his possession or available to him refuting the testimony of Trooper Boring. However, Prosecutor Jones continued his acts of bad faith when he made no attempt to inform the grand jury of the misleading testimony presented to them by Trooper Boring.
  13. The Defendant Motions the Honorable Judge Timothy L. Sweeney to Dismiss the Indictments for several reasons one in particular: Prosecutor Jones knowing and willingly prejudiced the Defendants case with noncompliance and withholding crucial parts of discovery for several years that tends to prove the defendant’s innocence.
  14. The biggest issues of not releasing specific portions of discovery was premeditated by Prosecutor Jones for the sole purpose of concealing what this Defendant believes is felonious official misconduct on the part of Prosecutor, Steven A. Jones and Trooper, Clinton Edward Boring something this Defendant may press forward requesting a Federal investigation into Civil Rights violations in the matter.
  15. Prosecutor Jones and Trooper Boring were actively involved with using their official position to allow themselves to conceal their misconduct at the price of others, not only early in the case but throughout the case.
  16. Anyone who has tried to conceal or knew of the misconduct regarding what this Defendant believes to be criminal activity on the part of Prosecutor Jones and Trooper Boring may also become entangled with violations of the West Virginia Rules of Professional Conduct where the rules are clear with the responsibility to report misconduct. However, some seem to be conspiring to conceal the criminal activity the Defendant has uncovered.
  17. MAINTAINING THE INTEGRITY OF THE PROFESSION
  18. Rule 8.3. Reporting Professional misconduct.
  1. A lawyer having knowledge that another lawyer has committed a violation of the Rules of Professional Conduct that raises a substantial question as to that lawyer’s honesty, trustworthiness or fitness as a lawyer in other respects, shall inform the appropriate professional authority.
  2. A lawyer having knowledge that a judge has committed a violation of applicable rules of judicial conduct that raises a substantial question as to the judge’s fitness for office shall inform the appropriate authority.
  1. The Defendant is asking the Court to Dismiss, with prejudice all indictments involving the Defendant John Manis Richards which are pending in the Circuit Court of Ritchie County, West Virginia and such a dismissal of the indictments would be fair and appropriate prior to trial as a sanction for partial discovery noncompliance, perjury and prosecutorial misconduct.
  2. General guidance is provided by several West Virginia Supreme Court discovery cases where the violation is discovered after the commencement of trial. In Syllabus Point 2, in part, of State v. Grimm, 165 W. Va. 547, 270 S.E.2d 173 (1980), the high Court stated that “non-disclosure by the prosecution is fatal to its case where such non-disclosure is prejudicial.” The traditional appellate standard for determining prejudice involves a two-pronged analysis: “(1) did the non-disclosure surprise the defendant on a material fact, and (2) did it hamper the preparation and presentation of the defendant’s case”.
  3. Number (1) yes this defendant was surprised by non-disclosure on a material fact when the defendant learned of the boat load of perjury and misleading testimony that was presented to the grand jury during the indictment process.
  4. Number (2) yes this defendant was hampered in preparing and with trying to present his case for trial in a timely manner if a trial is even possible at all now.
  5. The Defendant submits as further authority to dismissed the indictment a West Virginia Supreme Court Case which allowed the dismissal of an indictment prior to trial for discovery noncompliance: In a separate and prior case that involved the Defendant’s current counsel, George J. Cosenza, Judge George W. Hill, of the Circuit Court of Wood County, dismissed the indictment in the case of State of West Virginia v. Lisa Harder, Case No. 93-F-81. However, the Prosecuting Attorney for Wood County, petitions the West Virginia Supreme Court of Appeals asking the Court to issue a Writ of Prohibition against Judge Hill, prohibiting him from dismissing the indictment in the case. In the September 1994 Term, Case No. 22441, the WV Supreme Court found that Judge Hill’s discretion was properly exercised in the case and the dismissal of the indictment was an appropriate sanction. The dismissal was based on the State’s partial noncompliance in the discovery process.
  6. The Defendant believes a pre-trial dismissal of the Indictments would be sound discretion of the Court.  In exercising discretion pursuant to Rule 16 (d) (2) of the West Virginia Rules of Criminal Procedure, a circuit court is not required to find actual prejudice to be justified in sanctioning a party for pretrial discovery violations.
  7. Prejudice may be presumed from repeated discovery violations necessitating numerous continuances and delays. As in this case the Defendant was forced to ask for continuances and to go along with numerous other continuances and delays as the State was withholding discovery to cover up the State’s own criminal misconduct in the case. The Defendant was indigent for most of the case proceedings which forced the Defendant to have court appointed attorneys who failed to file motions to compel the State to produce the needed discovery. The Defendant is in possession of numerous letters and e-mails from attorneys who were attempting to get the needed discovery in a timely manner.
  8. The State was not hindered and did not have difficulties with obtaining discovery from the alleged Victim as the State works with the Victim, (West Virginia State Police) on a daily basis. The only problem the State was having releasing full discovery was self-preservation, as any such release would provide evidence of criminal misconduct committed by not only the State (Prosecutor Steven A. Jones) but WV State Trooper/Harrisville Detachment Commander, Clinton Edward Boring. The denial of discovery was in bad faith and geared to prejudice the Defendant’s case as well as mislead and conceal criminal misconduct by Prosecutor Jones and Trooper Boring.
  9. Dismissal of an indictment is an appropriate sanction when the State’s failure to comply with several discovery request is in bad faith and when the defendant has been deprived specifically of an identified right, such as the right to a speedy trial.
  10. The Defendant submits to the Court that information provided in this Motion, information found within the Transcript of the June 3rd Indictment, Case 13-F-7, 8 and other information found upon the Official Record of this case puts fourth facts that the Indictment was induced by misconduct, and evidence has been provided that the Indictment was also procured by fraud, perjury and corrupt means.
  11. An indictment is prima facie evidence of probable cause which can be overcome by showing that it was induced by misconduct. In Rose v. Bartle, 871 F.2d 331, 353 (3d Cir.1989) (grand jury indictment “constitutes prima facie evidence of probable cause to prosecute, but may be rebutted by evidence that the presentment was procured by fraud, perjury or other corrupt means”.
  12. As a result of Prosecutorial Misconduct, committed by Counsel for the State, the Defendant, was deprived of his Fifth Amendment Right to Due Process of Law.
  13. The State’s misconduct was intentional and, on numerous occasions, purposefully designed to undermine and frustrate the defendants’ right to a fair and impartial grand jury proceedings.
  14. Misconduct began at the inception of the West Virginia State Police’s bias investigation of the alleged burglary of the Harrisville State Police Headquarters and permeated into the grand jury proceedings leading to the defendants’ indictment.
  15. The State’s willingness to induce and allow the Harrisville State Police Commander, Clinton Edward Boring to knowingly and willingly provide misleading information through his own perjured testimony to the grand jury was outrageous and felonious and both Prosecutor Jones and Trooper Boring knew the testimony was perjured.
  16. If the Court would allowed the misconduct of perjury and the indictment to stand, it will all continue into and infect any trial regarding the matters.
  17. Ritchie County Prosecutor, Steven A. Jones or his predecessor has the responsibility and duty to correct what he knows to be false and elicit the truth. The Defendant filed a complaint with the West Virginia Office of Disciplinary Counsel against Prosecutor Jones, which put the prosecutor on notice of the real possibility of perjured testimony being presenting to the grand jury. However, Prosecutor Jones has failed to even inform the Court of the perjury. The Prosecutor’s duty to inform the Court is not discharged by attempting to personally lie or finesse the problem by telling the Office of Disciplinary Counsel it was merely testimony the officer believed at the time and press ahead without a diligent and a good faith attempt to resolve it. A prosecutor cannot avoid this obligation by refusing to search for the truth and pretend to be ignorant of the facts.
  18. The State’s reliance on inaccurate but extensive hearsay testimony regarding William Willis Estep’s prior statement presented by Trooper C. E. Boring to the grand jury was one thing, but the State clearly crossed the line when presenting and allowing Trooper C. E. Boring to provide the grand jury with felonious perjured testimony of which both the State and the Trooper knew the testimony was false and misleading.
  19. The Defendant notes that there is no per se ban on hearsay evidence before the grand jury.  Although there is no prohibition on the use of hearsay evidence before a grand jury, the decision in United States v. Estepa, 471 F.2d 1132 (2d Cir. 1972), indicates that extensive reliance on hearsay testimony is disfavored.  More particularly, the government prosecutor, in presenting hearsay evidence to the grand jury, must not deceive the jurors as to the quality of the testimony they hear.  Hogan, 712 F.2d at 761.
  20. In this case Prosecutor Steven A. Jones presented extensive hearsay testimony to the grand jury and the hearsay evidence was false and meant to deceive the jurors. When reviewing grand jury transcripts in the case along with written statements of Williams Willis Estep and Kimberly Jacobs, it becomes evident that Prosecutor Jones allowed Trooper Clinton Edward Boring to feed misleading facts of the actual content of the written Statements to the grand jury. So, instead of accidentally presenting false hearsay testimony to the grand jury, both Prosecutor Jones and Trooper Boring knowingly and willingly presented false and misleading facts of information regarding  written and audio Statement’s they were in possession of to the grand jury.
  21. Both Counsel for the State and Trooper C. E. Boring had information and official documentation available to them proving the information they were presenting to the grand jury was false. However, Counsel for the State and Trooper C. E. Boring presented the false information to the grand jury anyway where an indictment was procured in the case against Defendant, John Manis Richards and Defendant, David Carl Wine in Case(s) # 13-F-7,8.

Wherefore, the Defendant respectfully Motions that the Honorable Court DISMISS, with prejudice, the indictment returned is this matter.

Respectfully submitted,

John Manis Richards

Defendant

 

CERTIFICATE OF SERVICE

The Defendant, JOHN MANIS RICHARDS, hereby certifies that he served the forgoing, MOTION TO DISMISS THE INDICTMENT, upon the Plaintiff, STATE OF WEST VIRGINIA, by depositing a true copy thereof in the United States Mail, postage prepaid, addressed to M. Paul Marteney, Special Prosecuting Attorney, 301 Court Lane, St. Marys, WV 26170, on this ______ day of _______________, 2015.

________________________

John Manis Richards

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The Investigation regarding the 2012 Burglary of the Harrisville State Police Evidence Room is complete

by Ritchie County Investigation Team

The Investigation regarding the 2012 Burglary of the Harrisville State Police Evidence Room is complete: The Ritchie County Investigation Team has found beyond a shadow of a doubt that William Willis Estep II, “Billy” played Ritchie County Officials like a Fiddle and received a binding plea of probation on crimes he solely committed himself. Of course, Mr. Estep had help from Trooper Jason L. Brewer and Current Harrisville State Police Detachment Commander, C. E. Boring as both these Troopers wanted to try and include and prosecute two innocence men claiming a grand conspiracy was employed that was more then just a quick smash and grab job that Estep was known for in a multi county area.

According to information that was received from the State in the discovery process, Billy admitted to Ritchie County Authorities that he committed more than a dozen serious felony crimes throughout a multi county area.

Kim Jacobs, Billy’s mother-in-law was mad at Billy for kicking her out of his Wood County Apartment. Kim, in return rated on Billy for breaking into the Harrisville State Police Evidence Room and stealing drugs which went to support not only himself, but Brandy and Kim Jacobs drug addictions as well.

The Investigation also turned up hard evidence that Billy and the two Jacobs women had a little felony crime ring going on adjacent from Billy’s personal one man crime spree and their illegal activity left a paper trail to prove it. But, don’t worry… Billy already negotiated his plea deal which was approved by panic stricken Ritchie Officials as they were hurried with trying to cover up the wrongful arrest of Wine and Richards in the case.

But, hang on folks Billy’s plea agreement has no language stating that Billy cannot be prosecuted for criminal acts either currently known or unknown to the State of West Virginia.

Mr. Estep after being placed on Probation in this case was once again arrested for Domestic Assault, but of course Billy’s probation cannot be revoked as Billy could be sent to prison and the corrupt officials plan to cover up the wrongful arrest and misconduct is over. Of course their scheme backfired over three years ago when arresting the innocent. Ritchie County Officials have found out that William “Billy” Estep is a professional Fiddle Player not a dumb Hill-Billy as he portrayed.

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Uncategorized

West Virginia State Police Fiddle Player Back in Jail

by Anonymous anonymous

The Investigation regarding the 2012 Burglary of the Harrisville State Police Evidence Room is complete: The Ritchie County Investigation Team has found beyond a shadow of a doubt that William Willis Estep II, “Billy” played Ritchie County Officials like a Fiddle and received a binding plea of probation on crimes he solely committed himself.

According to information that was received from the State in the discovery process, Billy admitted to Ritchie County Authorities that he committed more than a dozen serious felony crimes throughout a multi county area.

Kim Jacobs, Billy’s mother-in-law was mad at Billy for kicking her out of his Wood County Apartment. Kim, in return ratted on Billy for breaking into the Harrisville State Police Evidence Room and stealing drugs which went to support not only himself, but Brandy and Kim Jacobs drug addictions as well.

The Investigation also turned up hard evidence that Billy and the two Jacobs women had a little felony crime ring going on adjacent from Billy’s personal one man crime spree and their illegal activity left a paper trail to prove it. But, don’t worry… Billy already negotiated his plea deal which was approved by panic stricken Ritchie Officials as they were hurried with trying to cover up their own corruption for allegedly stealing evidence from their own evidence room.

But, hang on folks as Billy’s plea agreement has no language stating that Billy cannot be prosecuted for criminal acts either currently known or unknown to the State of West Virginia.

Billy is currently incarcerated in the Protective Custody Unit at North Central Regional Jail in Doddridge County. Billy’s Ritchie County Probation Officer filed a Motion with the Court to revoke Billy’s Ritchie County probation due to the new Domestic Battery charge and failed drug screens he recently received while on probation.

This present incarceration has caused Billy’s eyebrows to move together and he is focused. Folks who know Billy know as they are reading this article that Billy has jumped up on his Jail Bunk and is playing his Fiddle hard as Billy plans to beat the new domestic battery charge in Fayette County and has confidence that his plea agreement to provided false testimony to cover-up wrongful arrest and Official Corruption in Ritchie County Circuit Court will continued to keep him out of prison.

Steven A. Jones, Ritchie County Prosecutor cannot ask the Court to revoke Billy’s probation as Billy could be sent to prison and the corrupt officials plan to cover up the wrongful arrest and misconduct is over. Of course their scheme backfired over two years ago when arresting the innocent. Ritchie County Officials have found out that William “Billy” Estep is a professional Fiddle Player not a dumb Hill-Billy as he portrayed.

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Jury Nullification – Educating Prospective Jury Members in Ritchie County, West Virginia

jurynullificatin1

Laws are either written by the rulers or the representatives of the people. Those laws written by the rulers are designed to protect ruling class while keeping the people in their place. When the rulers make the laws the people are governed by men and not by the rule of legitimate laws. Under ruler’s law the rulers reserve special privileges for themselves and their allies and people are forced to comply under the threat of violence.

Our America the founders wanted to create a classless society where everyone would be treated equally under the law. They wrote a Constitution to govern the government in order to limit the potential abuse of power by government officials.

With the ratification of the Constitution and the Bill of Rights, the states granted all authority not delegated to the United States in the Constitution to be retained by the states and the people. The powers granted by the people to the government of the United States were limited and defined, while the powers granted to the states were virtually unlimited and were no defined.

The people through their representatives were to be the rulers and the government was created to be their servant. The ultimate arbiter of the Constitution is the people, not the Supreme Court. In order to provide the people with the power to prevent unjust laws from being enforced the people retained the power to determine which laws are just and which ones are not.

This power is known as Jury Nullification. Members of the jury have a right to judge not only the guilt or innocence of the accused, but they also have the right to judge the law.

The purpose of the jury is to see to it that in every case justice prevails. If a law would deprive the defendant of justice, it is the right and responsibility of the jury members to acquit that individual of the charges against him.

The real judge in all cases is not the man or woman wearing the black robe, it is the members of the jury.

twoenemiesjefferson

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WV State Police Crime Lab Excepting & Producing Bogus Reports – Prosecuting Attorney Billowing Out Smoke Screen

WV State Police Crime Lab Excepting & Producing Bogus Reportsanonymous

by Anonymous

The “RitchieRailRoad.com Website” is now under the control and direction of New Editor(s) who are focusing its resources and information of facts received from known and unknown allies to educate Property Owners and good folks in Ritchie County, West Virginia of transgression by Public Officials in Ritchie County.

A private analysis of alleged State Police Evidence must be reviewed which may just blow the lid off the Prosecutor’s and the State Police Corruption Ring.

This Draft Report is about who is involved with corruption within the walls of the Ritchie County Prosecutor’s Office THEN and NOW. “Then” being ex-Ritchie County Prosecutor, Judith A. McCullough who knowingly and willingly worked with the lower ranks of the West Virginia State Police, Harrisville Detachment where ex-prosecutor Judith McCullough is suspected of assisting Harrisville State Police, Troopers C. E. Boring, J. L. Brewer and C.S. Jackson with falsifying and manufacturing evidence which was at some point allegedly sent to the West Virginia State Police Crime Lab to falsely but Forensically declare a match in the October 30, 2012 State Police Burglary Case. We agree a match has been reported by the State Police Crime Lab. However, this match has been reported to us as a fabricated match. The West Virginia State Police Crime Lab is also suspected of doctoring the Date and Time of the assumed Case Submission Form (4230-10809) which again, was allegedly submitted to the WV State Police’s very own Crime Lab.

The RitchieRailRoad and the Ritchie County Investigation Team would like to provide some proven and documented facts of corruption committed by the West Virginia State Police Crime Lab, not just one instance of WV State Police Crime Lab misconduct but numerous counts of corruption, bad faith and malicious intent dealing with false and falsified reports, bogus testing and other criminal behavior committed by the WV State Police Crime Lab. Here it is:

The West Virginia State Police Crime Lab has a long record for intentionally falsifying and fabricating evidence against defendants. In recent years, a special commission convened by order of the West Virginia Supreme Court of Appeals investigated the West Virginia State Police Crime Laboratory. As a result of this investigation, the WV State Supreme Court ruled that more than 130 cases which involved information and evidence tested by the West Virginia State Police Crime Lab was NOT credible.

The quantity and quality of documentation required by laboratory quality assurance/quality control protocols should preclude the wholesale falsification of test results. However, this is clearly the WV State Police working for the WV State Police, the Good Ole Boy System if you want to call it that.

The West Virginia State Police are alleging that their very own State Police Crime Laboratory has made a DNA Profile Match with the DNA of David Carl Wine and William Willis Estep II. State Police claim that shortly after a B&E at the Ritchie County State Police Detachment, they collected swab swipe samples from an Evidence Room Door and other items at the Harrisville State Police Detachment that was breached by the perpetrator or perpetrator(s). In the same breath, the WV State Police Crime Lab seems to be claiming that there may not be any sample left for further testing. At this point it is not clear if the entire sample has been used up or not. This effectively means Mr. Wine and Mr. Estep will be denied the opportunity to have samples tested by an independent laboratory. The only clear conclusion that can be drawn from this information is that the West Virginia State Police are using their very own forensic lab to falsify DNA evidence against Wine and Estep.

Now, at this point we must tell our readers that Mr. William Willis Estep II, nearly two weeks after the alleged crime and shortly after being questioned by State Police where Mr. Estep was allegedly coerced with a bogus DNA match by State Police and further being promised a plea where the Judge could only sentence him to probation (binding plea) Mr. Estep did sign the probation plea with the same prosecutor who denied Mr. Estep full discovery which would have provided Mr. Estep with crucial evidence which proved Mr. Estep’s statement and plea was wrongfully coerced when the State Police and the Prosecutor withheld Video Evidence that show State Police approaching Mr. Estep in a threatening manner while in custody which was shortly before Mr. Estep gave what was reported by State Police as a full non-coerced confession. Now, either the West Virginia State Police did not tell the Prosecutor, Steven A. Jones about the Video evidence or the Prosecutor, Steven A. Jones has denied full discovery to Mr. Estep. That’s right; we are all wondering what else is the State Police and the Prosecutor’s Office concealing? …Misconduct at the West Virginia State Police Crime Lab?

The Ritchie County Investigation Team believes there is new technology that will not only prove that WV State Police DNA evidence against Wine and Estep was falsified, but also, independent investigating and testing will show how the falsified evidence was created and the procedures used by State Police to fraudulently submit the bogus samples on a bogus Date to the State Police Crime Lab. Further investigation will also give evidence of whom and how many individuals conspired to falsify and fabricate evidence against at least two of the Defendant’s in State Police Burglary case.

DNA Science of the current date only requires minuscule quantities of a DNA specimen for testing. However, the West Virginia State Police Crime Lab would want one to think all specimens were used up during their in-house testing. The testing procedures used by the WV State Police Crime Lab to test the samples, most certainly should have allow the preservation of sufficient DNA for independent Laboratory testing. Yes, this is very suspect… With that said, the timing of the alleged DNA testing is also suspect, as Mr. Wine and Mr. Estep are both convicted Felons and their DNA Profile was in the State’s DNA Data Base pursuant to their previous Felony convictions. Therefore, if State Police would have discovered and collected alleged samples from the crime scene they could have simply entered the DNA collected at the supposed crime scene into the Data Base and a match would have been discovered. However, State Police only submitted samples to their very own Crime Lab only after Mr. Wine and Mr. Estep were arrested and only after both men’s home and personal belonging were searched on two separate occasions. Yes, now you can draw your own conclusion from this information on how the West Virginia State Police and their Crime Lab came up with their samples and the so-called MATCH.

During the 1980s, and 90s and even today Prosecutors across West Virginia lined up to use the WV State Police Crime Lab to wrongfully convict innocent defendants based on false testimony and fabricated test results cooked up by State Police and their State Police Crime Lab. In nearly all cases, which involved false and fabricated test results, defense attorney’s failed to consult competent scientific experts to examine alleged evidence. Mr. Wine’s attorney, Mr. Wells Dillon is set to employ scientific experts to disprove the fabricated evidence of the WV State Police and their made to order Crime Lab results.

One has to reflect on the likelihood that numerous innocent persons are presently incarcerated because of Rogue State Police and the inadequacy of some defense attorneys.

In the case at hand, technology can be used within the existing legal framework to stop the injustice being committed by the NOW Prosecuting Attorney, Mr. Steven A. Jones and the West Virginia State Police.

The Corruption Flag is flying high in Ritchie County, West Virginia as Steven A. Jones and the West Virginia State Police have already got caught in wrongdoing not to mention denying full discovery and hiding exculpatory video evidence from the Defendants.

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