Denied Publisher A Jury Trial
“In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.” Sixth Amendment of the United States Constitution
In September, of 2016, Charleston defense attorney, Herbert L. Hively, II, filed a motion for a jury trial, speedy trial and discovery conference in Kanawha County Magistrate Court on behalf of PutnamCountyNews.com’s Publisher, Mark Halburn.
However, in a clear violation of Halburn’s Sixth Amendment constitutional rights, Halburn was denied the jury and speedy trial and convicted of telephone harassment and sentenced to six months in jail, June 8th, 2017.
But wait, there’s more:
Magistrate Timothy C. Halloran (who campaigned with the slogan “Firm, but fair”) further denied Halburn’s constitutional rights by starting the trial without Halburn in the courtroom.
Halloran denied that the motion existed. Court officials said they couldn’t find it.
Months later, not surprisingly, the document surfaced after Halburn correctly guessed that it was hidden, during the trial, and that court officials would, incorrectly, think that Halburn would give up.
Halburn doesn’t give up.
“Halloran belongs in federal prison,” states Halburn, who immediately attempted to file an appeal, which was delayed by a further screw-up when the Magistrate Court clerk’s office attempted to charge him $200 – which is illegal.
On July 5th, 2017, Halburn filed a complaint, against Halloran, with the West Virginia Judicial Investigation Commission which allows citizens to be immediately abused, by rogue judges, then takes months to punish – and usually lets the judges get away with their misconduct. However, in a stunning development, Halloran is Publicly Admonished by the West Virginia Judicial Investigation Commission for violating Halburn’s rights and endorsing Melanie Rucker the magistrate seat vacated by Julie Yeager, who, allegedly, embezzled $24,000. (She has yet to be charged.)
The commission claims it sent two separate requests to Halloran, asking him to respond to the allegations within 10 days. The JIC reports Halloran finally replied after it sent a second request, but failed to respond to the allegations about why he failed to give Halburn a jury trial despite a properly-filed request to do so.
“Did Ms. Yeager use stolen money to help her win? Further investigation is needed to answer this question,” asks Halloran. “Additionally, when other magistrate assistants refused to work with Ms. Yeager, Melanie worked with Julie Yeager without incident, therein exhibiting her professionalism.”
Halloran tosses ethics and his own professionalism out the window, when he continues Rucker’s endorsement.
“I am in hope you and your fellow judges make what I believe to be the decent and honorable decision to appoint Ms. Rucker immediately,” Halloran writes “The appointment of Ms. Rucker will go a long way to satisfy the 15,444 citizens of Kanawha County who voted and supported Ms. Rucker in the last May 2016 election.”
When reached, by PutnamCountyNews.com, about Halloran’s admonishment, Rucker was unaware of the action and says, “I have no comment.”
Hively even wrote a letter, alleging and inferring that the motion was purposely lost because court officials do not like Halburn. “He is right,” says Halburn. “They are doing backflips to ruin me while covering for their incompetence.”
Of course, there isn’t a recording of Halburn’s trial because Halloran also violated the First Amendment by banning a recording.
Halburn plans on filing a civil rights lawsuit against Halloran, but expects him to say that the 14th Amendment’s “Equal Protection” clause doesn’t apply to judges.
“Halloran is the poster child for ignoring the constitution,” says Halburn. “He thinks the constitution does not apply to him. He’s wrong!”