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