22697 Seneca Trail South Union, WV 24983 June 10, 2013 The Honorable Jennifer F. Bailey Kanawha County Circuit Court Judge PO Box 2351, 111 Court Street Charleston, WV 25301 Ref: 12-C-592 and 13- C-549 Dear Honorable Judge Bailey, I request that our Civil Suit against the WV State Police be heard. Mr. Michael Mullins, WV State Police Attorney obtained an illegal undated dismissal form on Oct 1, 2012 that was demanded by the WV State Police higher headquarters and the Assistant Prosecuting Attorney, Mr. George Sitler in Mercer County. The Defense Attorney, Mr. Flanigan told our son this was illegal but if he did not sign the release, the State Police would further retaliate against him. My husband and I talked to our son and told him not to sign this illegal “deal”. He was called in alone to Mr. Flanigans office and was told “Don’t worry about what your family says, this is your life and the State Police will all say they think you are guilty and try to send you to prison for 10 years”. I contacted Mr. Mullins and informed him that his “clients” were trying to force my son to sign an illegal deal and perhaps, we could mediate and settle the civil suit legally. He refused and said the WV State Police were not going to pay a penny toward his injuries.” I tried to write to your Honor to inform you of the illegal activity that occurred over a month prior to our first court appearance on Nov 14, 2012. I did not know how to send correspondence at that time, and mailed it to you. You asked if I wanted the letter addressed to you returned and I said no. I have since learned that everything must first go through the Circuit Clerk’s office. I did re-file the civil suit against the State Police and I did give them their 30 day notice as required by law in 2013. Mr. Kaufman was the judge. Mr. Michael Mullins tried to get my son to sign another dismissal form and we did not allow him to do so in late December 2012 to early January 2013. However, Mr. Mullins sent the old dismissal form that was taken illegally in early October, and sent it to Judge Kaufman saying our son had agreed to dismiss the case with prejudice. We have multiple documents from his neuropsychologists, psychiatrists, TBI specialists, and treating physician that state that our son’s cognitive ability was such that he did not understand his rights and he was not represented well by his own defense attorney and was easily taken advantage of by the local State Police, Asst. Prosecutor, and by Mr. Mullins, who was representing the WV State Police in the civil suit. They used a criminal suit to gain leverage in a civil suit. Our son pled guilty to bribery for a conversation that he did not initiate. It was a set-up by the WV State Police to discredit our son for exposing the abuse he suffered at the academy, and to make the civil suit go away. I am sending you a copy of the Criminal Case Order from Circuit Judge Saddler, a former Prosecutor. I filed a complaint with the Special Investigators for the Legislature. Mr. Roy Hutchinson gave me the email address to file complaints against Mr. Michael Mullins, the WV State Police attorney; the Assistant-Prosecutor for Mercer County, George Sitler, and my son’s defense attorney, Mr. William Flanigan for using this back room deal against my brain injured son to have him plead guilty to a crime he did not do, because the State Police wanted to ruin his reputation and discredit him in the civil suit. Since I am now the Legal Guardian for my son, Mr. Hutchinson informed me that I needed to file ethics violations and report the attorneys involved to wvodc.org . The complaints have all been filed with the discipline boards, IG, and AG offices. Again, I request that this case be heard by your court. I am sending you all of the medical and legal documentation. Mr. Kaufman states in his ruling that “if some question as to the voluntariness of the contract exists, that question should be handled in Judge Bailey’s Court as it is within Judge Bailey’s jurisdiction. This Court has no jurisdiction to overturn Judge Bailey’s ruling based on the exact same facts, circumstances, and applicable law.” Since Mr. Michael Mullins obtained this dismissal illegally in October 2012, one month prior to the first court hearing on November 14th, and then used it again, illegally in February 2013, his arguments should be void. My son should receive his day in court and not be thwarted by the illegal activity of Mr. Mullins and his clients. The WV State Police and their attorney have already destroyed the health and future of my son. We ask for his day in court Thank you for your consideration. Sincerely, Pamela D. McPeak Legal Guardian for Christopher Winkler CC: Mr. Tod Kaufman, Honorable Judge Mr. Michael Mullins, State Police Attorney Mr. Jeffrey Rodgers, Attorney in Lewisburg, WV
Posted on: Fri, 02 Jan 2015 20:38:55 +0000
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