Editor's Note: In 2010 David Walton, Sheriff Jonese, the sheriff's son, the sheriff's secretary, a member of the sheriff's aux (which no longer exist),Troy McCoy, and five others paid a late night call to Norman Alderman's home where they seized his computers and hundreds of disks.
The raid was conducted around midnight:
Norman was arrested for having questioned where David Fleming lived. Court action ensued for several years until it was dismissed with prejudice) This editor came to believe that the late night arrests had ended. Kathy Magistrate the magistrate who signed the warrant was "unelected" and another took her place.
But unfortunately, it appears that the practice has started up again under magistrate Cynthia Broce Kelly.
Magistrate Carrie Wilfong swears that she wouldn't issue this type of warrant for an arrest after dark. Apparently Ms. Kelly has no scruples about this practice.
She issued a warrant against blogger Jerry Heinnemann for an arrest "forthwith" which is code for anytime you want to make the arrest. Two deputies made their arrest late Saturday night. They came to the home of Jerry Heinnmann and arrested him for his comments on his blogsite.
Jerry Dale, candidate for sheriff complained that Jerry H. had made false statements on his website with the intention of affecting the election. Jerry's statements were indeed scandalous in nature.
Dale decided to criminalize Jerry's right to free speech which is what David Fleming had tried to do to Norman Alderman in 2010.
Jerry's (H)wife was nearly dead with pneumonia at the time. Jerry notified the deputies of her condition but the deputies continued with their arrest. Jerry H. spent the night in jail. His sick wife had to come to TVRJ to get him the next morning after his release.
They had a friend come to get him.
Now here is the "snake" part of this story. Magistrate Kelly could have signed a small "x" on the both allowing for an arrest in the daytime when a magistrate would be on duty to arraign him in the Pocahontas County courthouse. But Kelly ordered the arrest to be made "forthwith" That means anytime the sheriff's office so chooses.
Like Alderman, making the arrest after ten o'clock means that a magistrate is not on duty and the arrestee is taken to Tygart's Valley Regional Jail for an overnight stay. Magistrate Kelly came in the next morning and was very nice to Jerry (H) She released him on his own recognizance. But she did not order transport back to Pocahontas County. Jerry was left sitting on the sidewalk for almost three hours. Jerry (H) had to wait almost three hours for his ride to get there from Pocahontas County. The sheriff's office should not abandon a person at the jail especially a poor person who may not have transportation. Jerry would still be waiting on the sidewalk if he had not had a precious friend pick him up.
Thus being arrested was in itself a form of punishment both for Jerry (H) who had to wait and his wife who had to come in her sick condition to get her husband out of jail. This is not counting the cost of the trip.
Like Alderman who is currently a candidate for Board of Education Jerry (H) dared to write about a sheriff's candidate, Jerry Dale.
Dale has proven by his actions that he doesn't want anyone looking cynically at his record as sheriff for two terms and magistrate for one. Dale can't afford to have the people of this county see those accusations made by Jerry (H). We are quite surprised that Dale has not sought a gag order for Jerry (H.)
THIS PRACTICE NEEDS TO END. IT HURT ME FOR YEARS AND IT HURT JERRY H AND HIS WIFE AS WELL.
First let me say in my opinion this law is wrong as politicans in general lie or fail to carry out thier promises with no penalty. Next they talk about eachother in order to influance a election and the public should be able to voice thier opnion.
ReplyDeleteNow i would love for Jerry to explain which of Jh statements were lies.All of them 1 or 2 or 4 just how many and which ones.
The Road Runner...
Jerry H has friends? Bwahahahaha!
ReplyDeleteBetter call Saul
ReplyDeleteI previously commented on how unfair you were treated Mr. Alderman; a pure revenge vendetta with no basis in the law or fact. It was designed to make you spend a night in jail without any recourse whatsoever. And now another citizen is treated to jail on a warrant the allegations of which (even if it has a basis in fact and law) poses no threat to the safety of the community, with absolutely no need for an after hours "forthwith" arrest. This type of charge demands a 9-5 warrant and nothing more than that. Voters need to remember this come May 10 because it can happen to you if you speak out and question authority. What happened to you and Mr. H. is simply disgusting.
ReplyDeleteI don't get this. People are posting all the time on blogs about political candidates. I mean just look at all the stuff about the presidential candidates! How can someone even be arrested for this, never mind the nasty "forhtwith" part?
ReplyDeleteI like to watch Southern Justice where the sheriffs put away drug dealers and murderers. Maybe one daywe will
ReplyDeletehave the Pocahontas SO arresting bloggers and big irish guys for running stop sign wanting to search their house show me what True Justice is Sheriff Pusser.
What a joke they are. Justice and revenge are not the same things.
The Sheriffs office and the magistrate's office along with the PA office sure have taken steps to regain the trust of the people after the totten and Kentucky Fried felon incidents.
ReplyDeleteYes indeed they have displayed thier true selfs along with those who wish to repace them.
Yes but how do we VOTE Kelly out of office? I don't see anyone running against her. There have been alot more incidents involving Kelly that violated citizens rights than most know about. Same with Chief Walton (how do we get rid of him?). How do we make sure Dale never gets into office again? How do we know WHICH to vote for for such an important & critical job as JUDGE? Seems I have heard they are all dirty, so what do we do? Where are the decent Anti-Corruption, Constitutional Candidates? Even the WV Secretary of State page that is supposed to list ALL candidates running for positions/jobs doesn't even work. It is a bad link. Also notice there is alot more scanner traffic with people having to go on calls to National Alliance property due to some guy there who seems to be pretty violent. I don't care about other people's religions, or politics or such, and we haven't ever seemed to have any problems before. But I do care about people coming here and being violent or harming people and costing us all more in resources having to deal with it. From what some of us have been able to gather, and information coming out of the court house and even in the media it seems to me we need to know who in Pocahontas county may be letting this guy off easy or supporting him and his violence. Some names have floated around but there is no way to confirm that by us. But some of the same old problem or deputies we have heard listed with alot of other fishy things keep coming up. And they aren't the ones that support the sheriff. Why do we always have to deal with drama, corruption, scandals, and never seem to get what are our rights, and justice. Where is the State looking after Pocahontas County? Public offices or positions of public trust are not for people to take care of themselves. They are oathed, with duties, jobs responsibilities, with requirements, and most of all to take care of US the citizens first and foremost. We are not asking for a utopia, we are asking for what all citizens of this Nation, and this State, no matter what your zip code is are entitled to. I am just literally sick, and so tired, just hopeless sometimes that it is always more of the same or worse, never better.
ReplyDeleteThe National Alliance has nothing to do with religion it's a hate group neo-nazis plain and simple.
DeleteLet's not forget we've had deputies who said I
A just pulled over a whole car load full of niggars. Sounds really impartial to me.
We had aux say what do you expect from a Jew again really impartial.