Just seeing a person facing a wall does not constitute "indecent exposure" You have to see the sex organ itself for their to be "indent exposure. In fact, one can even see a stream of water emanating from someone's pants and that does not constitute "indecent exposure." Furthermore, a lot of people have peed in an alley and not been charged with indecent exposure.
But Farrell appears to be the exception to the rule of common sense. He was arrested almost a year ago and given a traffic ticket for indecent exposure.
Farrell doesn't have a driver's license and certainly does not own a car. So how could he commit a traffic violation? This proves that Marlinton is a world of its own. There appears to be special rules for special people like Farrell.
Ironically, one of our local magistrates found "probable cause" that he had exposed himself to someone and caused an affront to someone's sensibilities.
This entire incident is an affront to the legal system-- one that doesn't follow the letter of the law and lets a person suffer distress for a year.
It reminds me that Farrel spent almost 3 years in jail for a crime he was acquitted when it came to trial.
You see Farrell has learned that whenever you are charged with a crime that you have to ask for a jury of your peers to hear you case and if you have reason to believe that the magistrate is biased you must ask for a special magistrate.
Every logger in Pocahontas County ought to be thankful for the court's support in using massive amounts of paper to make certified copies of his records. One person has spent hours hand stamping the certification of hundreds of copies.
There are at least two grateful lawyers who get paid unbelievable wages to defend Farrell.
Farrell has two more charges of "indecent exposure" coming up. That will consume more paper, more costs of service of process, and more legal fees.
Remember the same rules will apply in those trials that got the case dismissed this time. Something has to be exposed to constitute "indecent exposure."
Public defenders get a straight salary regardless of the number of cases they handle, the same as prosecutors, assistant prosecutors, magistrates and judges.
ReplyDeleteConsistently cases Civil or Criminal in Magistrate Court of Pocahontas County are proven a Fraudulent Court. Not understanding/following WV code, Rules of Procedure, where entire process is not in compliance with WV Supreme Court rules and WV code. Magistrates and Prosecuting Attorneys in many cases each have failed to follow the WV code, Procedure for duties, the defined nature of their jobs, Discovery, Pre hearing/trail motions, proper procedure, acceptance of evidence, documenting/recording evidence, keeping required records of who were witnesses in those proceedings (if witnesses, what evidence they entered, authenticated). No proper legally defined records of proper legal proceedings, cause improper and invalid case files. In many cases parties were not even sworn in. All hard evidence of Fraudulent proceedings, invalid case files, continual legal definition of Mistrials, Due Process errors, Obstruction of Justice, acting under color of law & no real authority, violations of parties rights and protections under the law & Constitutional rights. Something found in banana republics or dictatorships.
ReplyDeleteMost cases of course should be appealed to the next higher Court. A costly undue burden, violation of due process rights, not compensated and no proper remedy to go after the culprits and illegal actors. Requiring remedy to correct gross failures, violations at Magistrate and often Circuit Court. Actions of the Magistrate court, and if criminal matter the Prosecuting Attorneys constitute clear acts of Obstruction of Justice. There is no valid appropriate and required Legal Aid to be found in our District.
Upon appeal the process that is fully invalidated as the Record, Case Files, and Evidence and prior precedings, rulings have through gross negligence, fraud, error and mistake been made fraudulent by the Magistrate Court. Circuit Court then has matter before it, but should 1st seek to address, remedy and correct not simply a matter of your right to appeal an outcome you disagree with, in full right to do in States tiered court system til the highest authority. WV doesn't have intermediate appeals court, only a 3rd final level WV Supreme Court. Generally you are appealing and seeking remedy, relief from is entire prior fraudulent erroneous proceedings. This does not get addressed, and this is why for so long the entire process is fraudulent, and legally nullified. But they don't recognize or fix this.
Proper remedy a Judge should and has duty to initiate is not just the case before it, but the clear pattern before them and to initiate investigation, reporting to all proper higher authorities to prevent future continual errors that are so prevalent and ongoing since Magistrate Court is fraudulent. There needs to be censure, immediate Supreme Court remand and review, and FBI investigation of the bench and Courts. This is Public services fraud being done against ALL citizens of Pocahontas County, and citizenry in 11th Judicial District.
In Circuit Court we have Judges who don't follow WV Code, Rules of Procedure, Supreme Court decisions, Case law that exist for a reason. Those are to be consistent, constant overriding factors in ALL cases with the courts as consistent, blind, fair, impartial, and parties treated equally as others. Not haphazard, ever reinterpreting the legislative and Judicial authorities and Code, or operating in color of law/authority by their own actions that are inconsistent with what is inherently supposed to govern them. They don't have the right to be dictators/potentates on the bench.
The only remedy a party seeking true and consistent application of the Courts, law, procedures, their rights, and best interest of justice it to file complaints, but history shows is a good ol boy network that have NO real results just a on paper mouth service for an entire section of State Government, Bar and other oversight that is paid for but does not produce appropriate constructive results. The inherent deeply flawed system, Courts, Magistrates, Prosecuting Attorneys, Judges are still doing the same thing in a cycle of error and fraud. No new different results from same normal remedy process. What's needed is dramatic swift major overhaul, full auditing, review by those within the law/positions having authority/duty to do it.
ReplyDeleteAll Federal Laws, Acts, and Constitutional Rights apply to ALL citizens equally. WV codes, Legislation, Rules for Procedure, Rules for how entire Court, Clerks, Magistrates, Prosecuting Attorneys, Judges and Courts in West Virginia are to be executed in the SAME manner, consistent and for ALL citizens of the State of WV no matter their Judicial District, or regional authority based on address, filed proceedings and jurisdictional authority are also ALL supposed to be the same and consistent.
What we have here in Pocahontas County Courts, and 11th Judicial District isn't consistent nor equal to what other WV Citizens enjoy, including application of Civil Rights that all American Citizens are to equally enjoy as Citizens in other Courts, Counties, other WV Judicial Districts, or other States receive. They are verily inconsistent with Federal Code, Act and the Constitution which created a separate unequal class of citizenry that are not granted the same Services, Justice, Rights, value and Protections.
What we have here is very clear, evidenced constant discrimination and violations of basic Civil Rights of an entire large CLASS of the entire Citizenry of Pocahontas County, and 11th Judicial District. We have been made a lesser class, an under class, not equal to others and done through this fraud, and we suffer greatly for it. A very real, major situation we have here is a Judicial Crisis, and major Civil Rights violations against all of us as an entire Class of People who have to this day seen no advocacy, no redress of grievances, subjected to oppression, and the forced subjugation into this Class in which we are made NOT equal to others by the fraudulent nature of our Courts. SHAME !
Well there are at least a few morons in line along the way that allowed the (charge) to happen.
ReplyDeleteYou cant be a natural moron to all such
Charges and clain your doing your job
Expecally the pa and arresting officer leval.
If we are paying them for suching amazing common sense judgement use its pretty clear the voters love to put morons in charge
Who dont know the differance from a hole and one in the ground.
here is how it works with the two bimbos one think she knows it all and the other one with rings on her toes(not kidding) is always having a bad hair day .....they don`t know the law and the assistant prosecutor tells them what to do ....now mcmillion lives in sommersville so he comes over here and runs the tables and the two bimbos do what he tells them is the law ...wonder what richarson is doing why doesn`t he rope these two bimbos in ...I really expected more from him I mean after rowe and pompanio didn`t think it could get any worse but here we are ..... next election we should field a bunch of people 20 or 30 each to get on the ballot and run these two losers out ...they think they are in for life and no one can touch them make them pay and squirm ....send the one idiot back to the drug store and the other send her home so she can dress her Barbie dolls and stop them both from hurting peoples lives
ReplyDeleteagain with corrupt county and state does anyone really think that a company would locate here and bring much needed jobs to this county????
ReplyDeletewonder where mayor sam felton is why doesn`t he step in and help ferrel I mean it must be in that bible he pounds every sunday about helping the down trodden....certainly this homeless man be part of sams flock you know just like j.l.clifton is....after all ferrel never reaped anyone
ReplyDelete