Magistrate Wilfong to Reconsider Ruling on Property Rights.

Local MacGyver and metal worker, John Leyzorek, may have a second shot with Magistrate Carrie Wilfong who ruled against him on all his property rights motions at the first year.  She has graciously rescheduled a hearing on motions for Friday at 2:00.  

This is to be combined with Assistant Prosecutor Bob Martin motion to gag John and prevent him from conveying information about his case to the Pocahontas Commentator and editor Norman Alderman.  

Martin has accused John of using the Internet to poison the minds of a prospective jury.  

Alderman is prepared to testify at the hearing that his publication of John's motion were done at his (Alderman's) instigation.  Alderman regularly gleans the courthouse records room and the Internet for criminal and civil records.  These have become one of the most interesting features of the Commentator and are read avidly by hundreds of readers both in and outside Pocahontas County.

Alderman currently has a lawsuit for violation of his 4th Amendment Rights in Federal court.  He is not on several Christmas card mailings in the courthouse.  

Because these are public documents it is not lawfully possible to restrict their publication on the Internet.  Alderman has invited the reporter for the Pocahontas Times to be present at the hearing because the results of that hearing could impact the reporting ability of the Times.

John Leyzorek is president of the Pocahontas County Concerned Citizens group which opposes zoning and has been a force to be reckoned with since the early 70's under Gilbert Jack of Marlinton who led a successful battle against government regulation that has never suffered a defeat in 40 years. 

John is a Libertarian in philosophy which basically means that he opposes government intervention in the affairs of citizens particularly as they relate to property rights and the 4th Amendment.

John was originally cited by Department of Highway officers who attempted to enter his property with an improper warrant.   They had received a complaint from an anonymous person that he was operating a salvage yard without a license. 

John is a well-known metal worker and restorer of antique vehicles.  He is known for his ancient tractor and truck which he has used in various parades to pull the historical society float.  Local farmers often call upon John to fix their "no so new" farm machinery.  He is something of a "MacGyver   " minus duck tape.

The Department of Highways originally offered to leave John alone if he would apply for a salvage license. 

He refused because he is a restorer of old vehicles and antique machinery.  His goal is to archive antique parts in anticipation of usefulness in the future. 

 His farm is like a living museum of iron or an "old age home" for antique parts.  Only in his case some of those exhibits may be called back to "active duty" if a John or a neighbor needs a piece of farm equipment restored.

His farm is over a mile off the Back Mtn road huddled up against the mountain.  U.S. 219 is several miles away.  No one can see his farm from the road.  In fact, when the officers came to his farm they had only an anonymous complaint and a satellite photo someone had "googled" from Google Earth.  They apparently knew that this was insufficient for "probable cause to search his farm."

So they added a third element to their citation, "that he refused to let them come on his property."  Essentially, he is being charged with refusing to let an officer(s) of the law enter his property to see if he is breaking the law.  John contends that he should not be accused of exercising his 4th amendment rights by forbidding trespass on his property.

Assistant Prosecutor Bob Martin claims that officers have an absolute right to search a person's property.  John disagrees except that they can only enter with a proper search warrant and that an anonymous complaint and a copy of satellite photo are not sufficient reason to subject his farm to a search.  No warrant, no search.

This citation is particularly egregious in that the officers had to drive past a huge junkyard a mile or so from Marlinton right beside U.S. 219 to get to his farm.  

Apparently, someone who didn't like John decided to "turn him in." This citation could have cost John a lot of money to fight had he had to pay a lawyer.  Fortunately,  John is a student of the law and is quite proficient in defending himself in local court.

So Friday will be a very interesting day.  You won't want to miss a minutes of it at 2:00 downstairs in the court house magistrate's hearing room.