Second Victimhood by the State (West Virginia)

After the second trial in December 2003, the Plea Bargain, given to the murderer of Tod McQuaid, made the family's Victimhood worse.  However then Jan discovered State errors and omissions that resulted in murderer's reduced sentence. Rog created a BLOG (pseudo diary covering 2000 to 2005) of their 2004-2005 discoveries and efforts to right the wrongs.

Victimhood support in the legislatures generally started about 1970. Yet much can be improved for victims. In the case presented herein, even existing Victims' Rights statutes were ignored by the operational group - the Greenbrier County (West Virginia or "State") Prosecuting Attorney's Office.

Jan and Rog got their second Victimhood from omissions and errors of November 2001 to December 2003. Omissions were because Prosecuting Attorney Kevin Hanson's Office (specifically Assistant Prosecutor Stephen R. Dolly) did not respond to Court Orders on three occasions and did not present himself in the Default Hearing in August 2003. Errors were incorporated when Prosecutor's Office negotiated a plea bargain in December 2003 without ever testing the Writ of Habeas Corpus' non-impartial-jury grounds.

In summary-State counsel did not respond to Court, did not attend his own "default hearing" after missing the three Court ordered response dates, did not validate "grounds" for Plea Bargain that yielded a reduced sentence and did not meet three requirements of the West Virginia Victims' Rights Act. Yet these were not enough to stimulate WV Lawyer Disciplinary Board, WV Attorney General, or WV Governor to even 'call on the carpet' the State Assistant Prosecuting Attorney or his supervising Prosecuting Attorney for their 2002-2003 State Errors and Omissions.

 

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