Folks,

There are very disturbing events unfolding in Wood County.  Everyone who cares about the rule of law, please look and act. The sheriff of Wood County, Ken D. Merritt, needs contacted at 304-424-1834. Believe me, the tyranny will come to your door if you let it.

Here is my synopsis and then a posting of two emails from Leonard at the end.

There are two people Leonard from California and Alicia from Arizona who are trying to serve a Writ of Habeas Corpus on behalf of Thomas.

They are running into unlawful actions by the authorities in Wood County. They had been having a real hard time before today, and I will just give you an overview of today and two emails from Leonard telling what has happened.

Leonard and Alicia tried to serve the Magistrate, Waters, and were not allowed to do so and Alicia was physically pushed out of the building. They went to see Ken D. Merritt, sheriff of Wood County  304-424-1834 who wasn't there and a Director at the Sheriff's office C. J. Johnson said that there were orders from Magistrate Waters that no one, including the Sheriff, is to do any service of papers on her.  I am going on a talk show at 9:00 to give out the number of the sheriff's office for folks to remind the sheriff that as the supreme law enforcement officer it is his duty to uphold the rule of law. No magistrate or anyone else is above the law. There is a deadline to get the writ of Habeas Corpus served and filed by 10 AM Friday!  In Charleston! So please call the sheriff's office early on Friday.

Date: Thu, 8 Oct 2015 21:12:02 +0000
From: wrmltd@pacbell.net
To: hudok@startmail.com
CC: phudok@hotmail.com
Subject: Wood County Magistrate Robin Waters Ordered No Court Process Serving Allowed

Phil,

As disturbing as this may be, Robin Waters has unlawfully restricted the lawful in hand personal process serving to her at the Wood County Justice Center at 401 Second Street, Suite 12 - Parkersburg, WV 2610. 

Alicia and I successfully completed the personal in hand process service of a UNITED STATES DISTRICT COURT SOUTHERN DISTRICT WEST VIRGINIA Federal Civil Summons of a Complaint Case #2:15-CV-13638 to West Virginia State Trooper Kevin Williams at his Dunbar, West Virginia office. 

Immediately following the above specified process service completion, Alicia and I headed directly to Parkersburg, WV to the Wood County Justice Center in attempt to lawfully process serve magistrate Robin Waters. Right from the get go we sensed animosity from the security deputy manning the metal detector upon approach.  Deputy Robert T. White sternly and with a raised voice demanded that we go to the magistrate window to inquire about serving our federal court documents.  The lady at the magistrate's window was Rachel Ferguson and following our request to perform process service to Robin Waters, Ms. Ferguson got on the phone and was allegedly speaking to Robin Waters informing her of our request and quickly hung the phone up and telling us that Waters was not available.  I asked her if she knew when Waters would be available for service and Ms. Ferguson said she did not know.  Maybe ten minutes later, I went back to the magistrate's window and asked Ms. Ferguson if Waters was currently in the courtroom conducting court and she said yes.  I then asked Ms. Ferguson if it would be possible for me to serve Waters sometime between court sessions and Ms. Ferguson said no.  After about 2 minutes I approached deputy White and asked him if I could pass the security metal detector to go to suite 12 and deputy White said no.  I then asked deputy White if he was refusing to allow me to pass and he said yes.  I then told White that he was interfering with a lawful process serving and he said yes and I don't care.  I then walked back to the seating area and sat down.  Approximately 2 minutes later,  Alicia got up and approached deputy White and asked him for his name. Deputy White screamed out, Robert White!!!  Deputy White then looked over at Alicia and I and screamed for us to leave, now!  We both said, why?  He then screamed, I said leave!  He then demanded that we show ID so, I approached deputy White with my ID and he immediately screamed out that I do not have a process server's license.  I then told deputy White that we do not need a process server's license to lawfully serve court documents.  He screamed he doesn't care and yelled again for us to leave now or he would take us in.  I then told him we were going to file a criminal complaint.  I then quickly walked to the front door to exit and I noticed that Alicia was aggressively being approached by deputy White which Alicia was retrieving her pocket book.  I was just outside the door and I turned around facing the front door and noticed deputy White lunging towards the back of Alicia and saw Alicia's body thrust forward from absolute contact from deputy White.  Alicia screamed to deputy White, don't touch me!

Best regards,

Leonard

Phil,

Wood County Sheriff director, C.J. Johnson personally told me over the phone that magistrate Robin Waters ordered the Wood County Sheriffs office to block any and all process service to her at the Wood County Justice Center in Parkersburg, West Virginia.  Alicia and I will be meeting with C.J. Johnson tomorrow at 10:00 AM to file a complaint against deputy Robert V. White for assault on Alicia and possibly aggressive and excessive verbal assault on me.  We hope C.J. Johnson will provide us this order in writing the unconscionable order by magistrate Waters of restricting all process service to her. Yes, WV is wild but not wonderful regarding the rule of law. We will also be filing a criminal complaint under 18 USC Section 1501 Assault on process server.  Also see Public Law: 114-38 and WV code Article 4, Chapter 53, Sections 1 and 2 referring to writs and the service process.

Best regards,

Leonard

CHAPTER 53. EXTRAORDINARY REMEDIES.
ARTICLE 4. HABEAS CORPUS.

§53-4-1. When and by whom writ granted.
The writ of habeas corpus ad subjiciendum shall be granted forthwith by the supreme court of appeals, or any circuit court, or any other court given power by any particular statute to grant the same, or any judge of either court in vacation, to any person who shall, by himself or by someone in his behalf, apply for the same by petition, showing by affidavit or other evidence probable cause to believe that he is detained without lawful authority.

§53-4-2. To whom writ directed; return of writ.
The writ shall be directed to the person in whose custody the petitioner is detained and made returnable as soon as may be. If the writ be ordered by any court or judge other than the supreme court of appeals or a judge thereof, it shall be returnable before the court or judge ordering it, if such court or judge be of the county wherein the petitioner is detained; otherwise, before a proper court or judge of the county wherein the petitioner is detained. If the writ be ordered by the supreme court of appeals or a judge thereof, it may be made returnable either before such court or before a proper court or judge of the county wherein the petitioner is detained.

§53-4-3. Bond may be required of petitioner.
The court or judge granting the writ may previously require bond with security in a reasonable penalty, payable to the person to whom the writ is directed, with condition that the petitioner will not escape by the way, and for the payment of such costs and charges as may be awarded against him. It shall be filed with the other proceedings on the writ and may be sued on for the benefit of any person injured by the breach of its condition.

§53-4-4. Service of writ.
The writ shall be served on the person to whom it is directed, or, in his absence from the place where the petitioner is confined, on the person having the immediate custody of him.

§53-4-5. Penalty for disobeying writ.
If any person on whom such writ is served shall, in disobedience to such writ, fail to bring the body of the petitioner, with a return of the cause of his detention, before the court or judge before whom the writ is returnable, for three days after such service, he shall forfeit to the petitioner three hundred dollars.

§53-4-6. When affidavits may be read as evidence.
At the direction of the court or judge, the affidavits of witnesses taken by either party, on reasonable notice to the other, may be read as evidence.

§53-4-7. Judgment.
The court or judge before whom the petitioner is brought, after hearing the matter both upon the return and any other evidence, shall either discharge or remand him, or admit him to bail, as may be proper, and adjudge the costs of the proceedings, including the charge for transporting the prisoner, to be paid as shall seem to be right.

§53-4-8. Facts proved may be made part of record.
All the material facts proved shall, when it is required by either party, be made a part of the proceedings, which, when they are had in vacation, shall be signed by the judge and certified to the clerk of the court in which the judgment is rendered, and be entered by him among the records of that court.

§53-4-9. Powers of judge in vacation.
The judge issuing any such writ in vacation, or the judge before whom it is tried, shall have the same power to enforce obedience to the writ, to compel the attendance of witnesses, or to punish contempt of his authority, as a court has; and his judgment on the trial of the writ, when entered of record as aforesaid, shall be considered and be enforced as if it were a judgment of the court among whose records it is entered.

§53-4-10. Judgment conclusive; exception.
Any such judgment entered of record shall be conclusive, unless the same be reversed, except that the petitioner shall not be precluded from bringing the same matter in question in an action for false imprisonment.

§53-4-11. Revision of judgment by supreme court of appeals.
If, during the recess of the supreme court of appeals, the governor or the president of the said court should think the immediate revision of any such judgment to be proper, he may summon the court for that purpose to meet on any day to be fixed by him.

§53-4-12. Disposition of prisoner and proceedings pending writ of error.
When the prisoner is remanded, the execution of the judgment shall not be suspended by the writ of error, or suspended for the purpose of applying for one; but where he is ordered to be discharged, and the execution of the judgment to be suspended for the purpose of applying for a writ of error, the court or judge making such suspending order may, in its or his discretion, admit the prisoner to bail until the expiration of the time allowed for applying for the writ of error, or, in case the writ of error be allowed, until the decision of the supreme court of appeals thereon is duly certified.

§53-4-13. Writs of habeas corpus ad testificandum.
Writs of habeas corpus ad testificandum may be granted by any circuit court, or any court of record of limited jurisdiction other than a county court, or any judge thereof in vacation, in the same manner and under the same conditions and provisions as are prescribed by this article as to granting the writ of habeas corpus ad subjiciendum, as far as the same are applicable.