By Rina McCoy/Cosmos Communicator – Editor

The Friday morning article that ran on the Gilmer Free Press has taken over 5,000 hits in just it’s first few hours of being posted. There is quite a lot of evidence presented in the ODC complaint against Gerald B Hough. Three back tax filings, a title opinion and a secret audio file were all sent to the Office of Disciplinary Counsel. These pieces of evidence are already posted on GFP and also here on RGW and can be found at:

Ticket number 1395913960, 13961 (these three tax ticket numbers represent the missing 1/6th! (Click on Tickets to View)

This above evidence of back tax billing proves the defendants family owned the 1/6th Roanna Rafferty testified that she owned. This is proof positive that Rafferty, a State Witness, perjured herself and testified that she owned property she did not own which is criminal considering the felony charges. Gerald B Hough the prosecutor from Gilmer County paid Rafferty to lie on the stand!!

The reason there is a back tax billing is because the title was illegally pulled from the land books and hidden from public record and this is a criminal act and carries a civil liability now given the uncovering of intentional malice by several public officials in Glenville, West Virginia the capital of Crooked County!

The below link proves Rafferty did not own the 1/6th and that the matter was an even 3/6 and 3/6 split, but that true information has been hidden from the courts and hidden from the public until the discovery of the pulled title!

PROOF of WRONGDOING in GILMER COUNTY is HEREBY PRESENTED BY EVIDENCE of TITLE OPINION!

Clicking the above links will bring you evidence filed with the ODC complaint !!

Also, if you log on to the Gilmer Free Press you can listen to the Secret Audio file that proves that Gerry Hough paid a state witness to lie about the value of farm equipment that sat outside since 1980. The jury was led to believe the equipment was new and new retail prices were used to get the indictment with the grand jury.  Bringing a fraudulent appraisal knowingly to bring a bad faith prosecution is criminal, and the evidence clearly shows Hough had ill intent.

Seeing is believing and the actual court record published below reveals that HOUGH knowingly paid a State Witness for West Virginia to lie on the witness stand and these pages of the court record with a brief explanation proves wrongdoing by Gerald B Hough and he should be properly punished for his criminal actions in the Gilmer County 14th district circuit court.

Here is the official ODC complaint text that went with the filing of the court record :

Rachael,

Please find these pages of the official court record that I am presenting as evidence that Gerry Hough paid Roanna Rafferty to lie to the jury about owning 1/6th of 155 acres of surface property. As soon as she testified to that fact and was presented as a victim, the entire case was compromised and the jury was completely corrupted and this fact needs to be brought to the attention of the Supreme Court.

These pages are the most pertinent part of the court record of the case for the purposes of proving misconduct and perjury, and not full court record pertaining to the testimony of Roanna Rafferty, a state witness presented by Gerald B Hough.

(If you can’t view full page, right click image and then left click view which will give you full view of the image.)

  Roanna Rafferty DID NOT OWN the 1/6th of 155 acres.

This page of testimony it is made known that prior testimony was made that Rafferty received 1000 dollars that in reality she had no rights to, since she owned NONE of the timber, but GERRY had her lie to the jury. So this page proves Rafferty ripped her sister off for 1,000 dollars telling her she was entitled to money from the cutting of timber, and even though it was thought to be untrue at the time, 1, 000 dollars was sent in two 500 dollar money orders according to the court record.

The court record clearly reflects the true facts that Roanna gave two stories to the police. Both stories turned out to be fabricated – Rafferty was not a property owner in the farm being disputed.

This page from the court record clearly shows criminal intent by Gerald B Hough as he convinces the jury of the huge lie that Rafferty did not give her permission for tree’s to be cut, but she did not own the property so had no business giving permission for anything. This clearly shows malice by Hough, since at this date he already knew that the missing 1/6th owned by the defendant’s family and controlled by the defendants mother was pulled from the land books illegally and was hidden in the courthouse by the clerk. Hough fully knew that Rafferty did not own the property, but continued to bring false information to jury compromising the entire case costing the state nearly $750,000 to prosecute after five years in the court system.

Roanna Rafferty DID NOT OWN the 1/6th of 155 acres!

She had no business testifying!

This page shows Rafferty is getting caught up in her lies, and is starting to give excuses by saying she had a stroke, and that fact was also fabricated since no prior medical records reflect Rafferty having a stroke

Roanna Rafferty DID NOT OWN the 1/6th of 155 acres! Hough paid her to lie!!!

Rafferty testified that she received no money for timber of compensation, but the same day a check was received for the timber a check was sent to Roanna Rafferty for 1000 dollars, but she denied receiving any money & was caught.

Roanna Rafferty DID NOT OWN the 1/6th of 155 acres.

This was a lie, luckily the sender knew enough to keep original copy of the money order.

Roanna Rafferty DID NOT OWN the 1/6th of 155 acres or ANY property involving this court case! Hough paid her to lie!! Hough a knew the title had been pulled 5 weeks earlier

If you can not read all of the page RIGHT CLICK page you want viewed and then click view image to view entire page!

Above is evidence filed in the ODC compliant against Hough and below is the complaint published in the Gilmer Free Press and filed with the ODC.

To : Rachael L. Fletcher Cipoletti
Chief Lawyer Disciplinary Counsel

Office of Disciplinary Counsel
City Center East
4700 MacCorkle Avenue SE, Suite 1200C
Charleston, West Virginia 25304

Office: (304) 558-7999
Fax: (304) 558-4015

Let this document represent a complaint against Gerald B Hough Gilmer County Prosecutor for misconduct involving a well known felony criminal case in which the defendant was wrongfully charged with three felonies.

All charges and all allegations in this case which languished in the state of West Virginia in circuit court for over two years and in West Virginia Supreme court all of 2006 until September of 2007, were false and fabricated which also includes the unlawful act of Gerald B Hough falsely paying my aunt Roanna Rafferty to testify to the fact that she was a VICTIM and owned 1/6th of 155 acres of Surface property in Dekalb in Gilmer County.

Roanna Rafferty was NOT A VICTIM and this greatly confused the jury.

Simply stated Gerald B Hough did not use due diligence in researching the case to discover who the rightful owners of the disputed property were.

THE JURY WAS TOLD FACTS THAT WERE NOT TRUE and purposely mislead by Hough.

We had no way of knowing that the title to the missing 1/6th of surface property was pulled by the commission clerk on the order of Timothy B Butcher. This is a fact and there is a witness. Hough also knew the title was pulled and knowingly brought false evidence to a grand jury which is criminal matter.

Gerry Hough ruined my 30 year broadcast career by bringing a false case against me knowingly, and he did it out of spite and malice. What Gerry Hough did was criminal and this new evidence discovered proves what we testified to was correct and the lies Gerry Hough paid cash money for were wrong.

***
While reviewing the court record of Case # 05 – F – 8 from Gilmer County the infractions involving outright lies and false facts are too numerous to mention, but here is a prime example of false facts brought before the jury.

Here is just one example, I have many.

From the court record: FALSE STATEMENT TO JURY BY HOUGH

“While the husband is sick with Cancer Shirley Ball writes a check. “

From the court record:

“While the husband is sick with Cancer Shirley Ball writes a check.“

Investigators discovered that Mr. Ball was not diagnosed with Cancer until TWO YEARS LATER!  What a bold face liar Gerry Hough is. Gerry BALL was not diagnosed with CANCER until Two years later!  Mr. Ball was not sick at all on that date and did not have cancer or was he sick. Shirley Ball a state witness and Gerry Hough are both liars and lied and used malice while revealing false information to the jury.

One lie after another was told to the jury and the evidence has all surfaced now and the truth can be easily found out. What Hough did was criminal.

No farm equipment was ever sold, or moved by me.

According to the court record I never touched the equipment, but in the majority opinion published by the Supreme Court Asst AG Goldberg stated that I moved the equipment from an adjacent 100 acres never part of the court case.

Let this complaint reveal the Hough conspired with Goldberg to enter false facts as a matter of record and submitted to the Supreme Court.

Let this document reflect an official complaint against Robert GOLDBERG and Gerry Hough for this criminal act.

Mr. Ball gave me a loan, since I dropped everything, including my studio work to try to save our farm. I was paying on two vehicles to the bank plus insurance. A check was written for $500.00 – Gerry gave a few different of his full time employee’s loans, since he was the man that owned the company he started from his garage.

Investigators discovered that a man named Terry that has long blonde hair also got a similar loan at the same time and had the same status as me, an employee that had been laid off. Our whole shift was laid off. Yes I actually had to work for once in my life instead of having a dream job as a disc jockey, but Hough told the jury that I did not even know Mr. Ball. Hough lied to the jury and is not such a great guy!

Gerry Hough told the jury I did not even know MR BALL when I was his employee for two years and he was well aware of the fact that my name was Dan Bingman, but this truth was suppressed and the jury believed MR BALL did not know me, but we were friends.

I made 26, 000 and 28,000 I believe as Gerry’s employee right after I lost my show at WMMS in Cleveland 100.7FM due to the station being sold to Clear Channel who I competed against for years with my show “West in the Morning” broadcast on 92.1 FM in the major market of San Diego.

In April of 2004 I gave the employee’s of GERRY Ball’s car care service $400 dollars to fix my Volvo. I called Gerry and said I had 400 of the 500 hundred I owed him, but that I had to use it to get my Volvo fixed.  I made the call in front of a man named Kevin Wiese, but Oshoway refused to call him as a witness. I ask Oshoway to call him as a witness, let this document reflect my complaint against F JOHN OSHOWAY for knowingly suppressing evidence that would have proved me innocent.

When Gerry Ball died just before my arrest for felony charges in Gilmer Country, my car was stolen by his wife Shirley Ball and I never saw my VOLVO again, and I believe Hough could have been in on that disappearance of my vehicle.

In October of 2010 Major Ingold ordered Trooper Smith of the WVSP to find my car, but they never really looked for it.

Recently Gerry Hough put ads in the Glenville Democrat and Pathfinder and paid for the ads involving a hate site directed towards me personally, and that is a serious violation of ethics.

Please find the evidence involving those advertisements and another published ad sent by e-mail as official evidence in this complaint of misconduct.

Please consider the above facts and please find reason for immediate suspension of the license to practice law for Gerald B Hough.

Truly myself, my family and legal representatives feel Hough should go to prison for the crimes committed involving my case, which include the crime of subornation of perjury.

GFP – 08.26.2011
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~~~ Readers’ Comments ~~~

The back tax billing for property Gerry Hough told the jury we did not own in court, times three and a very expensive Title Opinion that proved ownership of the property back to 1878 and before, and the ACTUAL TRUE FACTS directly conflicted what Gerry Hough SWORE to the JURY as truth … were ALL used as evidence in this ODC complaint. Gerry lied and paid a witness (Roanna Rafferty) to LIE and testify to the fact that she owned property that she never owned. This is a very serious criminal infraction and the documents prove the misconduct plain and simple.

By Dan Bingman  on  08.26.2011

This case has gone on for years and needs to be taken seriously.  Gilmer County Clerks Office is in court right now because property records were not properly indexed and I find it disturbing when the documents posted on this site showed this 1/6 had to be back taxed and put back on the record in 2010.  Subornation of perjury is a serious charge and should be thoroughly investigated. Rape cases go without trial and someone goes to jail over this?  It should have been handled as a civil matter. The threats using the office of the Prosecutor and county money to advertise in the local paper should never have happened.

By My Opinion  on  08.26.2011

This hard fought controversy may trigger enhanced transparency in the way legal business is conducted in WV. We need other forms of transparency too including how the State’s dollars are spent. Citizens can go to http://www.wvsao.gov to click onto VISITA to establish a free account. Afterwards, disbursements to County individuals and firms, including law firms, can be accessed. Citizens have the right to know the details.