The Free Press WV

To: Gilmer Free Press

From: John M. Richards

RE: State of WV vs. John M. Richards and David Carl Wine Case(s) 13-F-7&9

Charges dismissed this morning November 10th, 2015 in two Ritchie County Felony Court Case(s) regarding Harrisville State Police B&E…

I am contacting you regarding a possible story regarding a systematic problem by the Ritchie County Prosecutors Office and Harrisville State Police conspiring to commit perjury and present other forms of false information to grand jury proceedings to gain wrongful indictments. This happen in at least two cases I know about, one being State vs. David Peter Weekley and the other case is mine and co-defendant David Carl Wine. I have a copy of a Legal Brief in David Weekley’s case which was prepared by a Ritchie County Attorney which outlines various forms of outrageous misconduct and grand jury perjury. Mr. Weekley’s original indictment was dismissed pursuant to perjury presented to the grand jury by Trooper Jason L. Brewer. After the first indictment was dismissed and a second indictment was secured a subsequent trial followed and heard evidence against Mr. Weekley where as you know Mr. Weekley was found not guilty of all charges.

In mine and Mr. Wine’s case, I prepared a Motion which I filed on November 6, 2015 with the Circuit Court of Ritchie County to Dismiss the Indictment because of misconduct by Ritchie County Prosecutor Steven A. Jones and Trooper Clinton Edward Boring, who is Harrisville State Police Commander.

Mr. Wine and I, John Richards were wrongfully arrested and indicted for burglarizing the State Police Evidence Room at the Harrisville Detachment. The Motion I filed on November 6th, 2015 to Dismiss the Indictment is based on incomplete discovery provided by the Prosecutor’s Office and facts of perjury presented to the grand jury, which said perjury was intentionally and willingly presented to gain an indictment in the case and there was a boat load of perjury presented by Prosecutor Jones and Trooper C. E. Boring.

The prosecutor was withholding the discovery information in an attempt to conceal the criminal misconduct committed by himself and Trooper C. E. Boring. Once I received the grand jury transcripts and read them, it became clear why both men, Jones and Boring were trying to conceal the discovery as it shows clear evidence of criminal misconduct by the duo.

My Motion to Dismiss the Indictment contains exhibits A thru H which are grand jury transcripts so my argument can easily be backed up with transcripts, and two statement, one coerced statement by Mr. William Willis Estep II who is the sole perpetrator of the State Police Break-in, and a statement by another State Witness, Ms. Kim Jacobs who Trooper Boring also gave misleading testimony to the grand jury of the actual content of Ms. Jacobs written and audio statement. Trooper Boring gave several false statement to the grand jury regarding Mr. Estep’s written and audio Statement, which I have outlined Trooper Boring’s false testimony to the grand jury, versus the actual content of Mr. Estep’s statement.

Trooper Jason L. Brewer, committed misconduct much like he did in the David Weekley case, but Trooper Brewer went further with coercing Mr. Estep to blame or included myself and Mr. Wine with his very own personal one man crime spree. Lots of misconduct occurred with the questioning of Mr. Estep for nearly 3 hours without Maranda warning as is shown with hidden video surveillance where Mr. Estep was held and question in contrast with the time and date Mr. Estep signed a Maranda Form. Police completed and filed their Report before they knew it was all caught on video footage. Biggest problem I have am having is I can’t get an attorney to file anything that shows misconduct on the prosecutor or State Police. I have received the following remark by one attorney: “you just don’t file on their misconduct, its bad business”… My current Attorney who I paid $5,000 said “they are going to dismiss the case, just trust me on this.” One other attorney when trying to get discovery said “why won’t’ they provide the discovery.” When I received the grand jury transcript back in March, it became clear why they were concealing the discovery as it was evidence of their criminal activity.

I have information and evidence copied and in a binder regarding the Motion and Exhibits outlining the misconduct ready to provide a reporter willing to review it. Or I could have the local Office Max fax any copies that would be needed for a story.

By the way I prepared this article yesterday evening, and found out from my Attorney George J. Cosenza that all charges were dismissed this morning (November 10, 2015).

Prosecutor Steven A. Jones was recused from the case pursuant to complaints I filed against him with the Office of Disciplinary Counsel (ODC) Four (4) complaints in all for what I felt was violations of the rules of professional conduct by Prosecutor Steven A. Jones in the case.

The Judge who I also filed Two (2) complaints against during the case, was Timothy L. Sweeney and he made a request to the West Virginia Prosecuting Attorneys Institute requesting a special prosecutor to handle the case. What bothers me about the Judges requests, is his reason for the request, in that the Judge made a statement which was arbitrary and capricious where he made a statement or judgement that I had lied about the prosecutor and a police officer which was totally untrue, as I was presenting information to the ODC of documented facts, that proved Jones and Trooper Boring lied to the grand jury and were intentionally denying discovery for their own self-preservation (so they would not be found out). I feel I offered all complaints to the ODC in a respectful manner and without being bias regarding my view of the misconduct by the officials.
My statement regarding the case is:

“The West Virginia State Police Organization has a lot of outstanding Police Officers who are loaded with professionalism and integrity. I live in Wood County and I have met several professional State Police Officers. However, when an organization as large as the WVSP is forced to allow unfit officers to slither through the screening process due to a low turnout of applicants the Organization suffers as well as the Public. State Government need to greatly improve the salary and benefits of the Men and Women who are the backbone of Law Enforcement (The West Virginia State Trooper).” – – Johnny Richards

The turning point in the case was when the Prosecutor’s Institute appointed a special prosecutor to handle the case. The Pleasants County Prosecutor’s Office was appointed and Prosecutor, Carl P. Bryant and his Assistant, M. Paul Marteney took over the case. Mr. Bryant, and Mr. Marteney with over 50 combined years of experience and a true drive to uphold the integrity of the profession dismissed the case.

“Carl P. Bryant and M. Paul Marteney are known by their colleagues to share a personal and high standard of integrity and ethics.” – – Johnny Richards