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FBI Arrests West Virginia militia members
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Return FBI Arrests West Virginia militia members on charges they plotted to place explosives near the FBI facility in Clarksburg, which the bureau recently opened as its fingerprint records center.
Time-Line
The Investigation: Step-by-Step Details of Alleged Plot
Looker's Detention Hearing Set
The detention hearing for Floyd Raymond "Ray" Looker has
been scheduled for Thursday, Oct. 24 at 9:30 a.m. in Elkins,
according to Fawn Thomas, media coordinator for United States
Northern District Attorney William D. Wilmoth.
Looker, commander of the Mountaineer Militia, is being held in custody for allegedly plotting to blow up Clarksburg's
FBI Fingerprint Facility. During his initial appearance before
United States Magistrate David L. Core, Looker asked that he be
assigned new counsel.
David Jividen was assigned Looker's case. However, Looker
was uncomfortable with the fact that Jividen's wife, Betsy,
worked as a part-time federal prosecutor.
"Considering the nature of the charges against me, I would like to keep my distance from that opponent as much as possible," Looker told Core during the Thursday hearing.
Looker's new attorney is Stephen Herndon of Wheeling.
The hearing will once again be held at the Federal Court house in Elkins. Although Looker's case was not heard, three of those alleged to be involved were ordered detained by Core.
James R. "Rich" Rogers, Terrell P. Coon and Jack A. Phillips were ordered to be held.
Updated October 22, 1996
New attorney for Looker
Floyd Raymond "Ray" Looker's day in court was over almost as soon as it began.
Looker, whose group allegedly plotted to blow up the FBI's $200 million criminal identification fingerprint facility in Clarksburg, asked that his attorney be dismissed. Attorney David Jividen, a court-appointed attorney, was representing Looker.
Jividen's wife, Betsy, is a part-time federal prosecutor. According to her husband, she's worked at the job since 1980.
At the detention hearing, Looker told U.S. Magistrate David Core that he was uncomfortable with Jividen having a family member working with the government. Jividen said it's a fact he never tries to hide.
"I always bring that up as a matter of precaution," Jividen said after exiting the Federal Courthouse here.
The 56-year-old Looker, of Stonewood, said the situation was not personal, but he said, "I do have a problem with his representation."
After announcing his preference, Looker, in a purple sweatshirt and shackled by his hands and feet, was removed from the courtroom. He was in the courtroom just 10 minutes.
Core agreed with Looker and said he will assign him a new attorney. However, Core said he was under the impression from a conversation with Looker on Friday that he did not object to the circumstances.
"Considering the nature of the charges against me, I would like to keep my distance from that opponent (the government) as much as possible," Looker told the court.
Jividen said the situation wasn't really a problem. In fact, he agreed with Looker.
"I wanted to make sure that he didn't have any doubts. If Mr. Looker had any doubts, which he did, I didn't want to put myself or Mr. Looker in a bad situation," Jividen said.
Jividen said the nature of the trial dictates that Looker be comfortable with his representation.
"The outcome of this trial could have him going to jail for the rest of his life," Jividen said. "Without question, all decisions involved in this process are important to him."
Core did not announce when Looker's detention hearing would be. Until that time, Looker will be held without bail.
Although he had left the court earlier, Looker's name was continually brought up and was frequently mentioned in testimony by FBI Special Agent J.C. Raffety, who has spent 26 years with the agency.
Looker was arrested on four criminal complaints. The complaints allege Looker conspired and agreed to provide material and support and resources with the intent that they were to be used in preparation for committing an injury or depredation against the Clarksburg FBI facility; conspired to engage in the business of manufacturing and dealing in explosive materials; caused explosive materials to be transported in interstate commerce from Ohio to West Virginia, and caused explosive materials to be transported in interstate commerce from Pennsylvania to West Virginia.
To help support their claims, Raffety told Attorney David Godwin, representing the government, that there are approximately 200 audio tapes of various conversations. Raffety also said there are three video tapes.
According to testimony, Looker was mentioned as being recorded on several audio tapes. He also appears on at least one video tape.
Updated October 21, 1996
Rogers 'peaceful, law-abiding' at
detention hearing, attorney says
ELKINS _ James R. "Rich" Rogers, charged for an alleged role as part of the plot to blow up Clarksburg's FBI Fingerprint facility, was described by his attorney as "peaceful" and "law-abiding" at a Federal Court Detention hearing on Thursday.
Rogers, a lieutenant with the Clarksburg Fire Department, allegedly provided photographs of the construction blueprints for the FBI facility to the Mountaineer Militia. He also is charged with agreeing to provide material support and resources for preparation of committing an injury or depredation against the center.
"I've known of him for a number of years," Clarksburg lawyer Rocco Mazzei, Rogers' attorney, said after the detention hearing. "His fellow employees apparently have an extremely high opinion of him. He's a very peaceful, law abiding citizen who is well thought of in the community. He has no criminal history. But, for this incident, he has never had a brush with the law."
Mazzei also portrayed those thoughts to United States Magistrate David Core in an attempt to prove that he was not a dangerous threat to society. However, Core disagreed.
"His act constituted a breach of his trust as a lieutenant member of the Clarksburg Fire Department," Core said.
Core said he did not believe Rogers was a threat to flee if released. However, he decided that he posed a danger to the community and opted to have him held until further court action resumes.
In court testimony by FBI Special Agent J.C. Raffety, Rogers was painted as an individual who had doubts about the legitimacy of the actual workings of Clarksburg's FBI fingerprint facility.
According to Raffety, Rogers told the FBI's cooperative witness, who was identified as O. Marshall "Okie" Richards, that he felt the fingerprint facility was part of a clandestine operation. Rogers felt the center would be a command center for the United States Government when the "new world order" begins its move to take over the United States.
Raffety also said that Rogers became concerned with the operations of North American Morpho. According to Richards, Raffety told him the company, which is a subcontractor for the FBI facility, looked suspicious.
While on duty with the fire department and on a call to the Morpho site, Raffety testified Rogers had told Richards he noticed several boxes with the terms "classified" and "declassified" on them. His suspicions were further aroused about Morpho, Raffety said, when the company's chief of security was replaced.
Gary L. Edgell, the Clarksburg Police Chief, formerly handled those duties. He was replaced by Thomas Durrett, the former Clarksburg Police Chief.
Raffety said Rogers was under belief that the new world order was training police officers at the site.
Regardless of the testimony, Mazzei said Rogers has yet to have anything proved against him.
"My client is innocent until proven guilty. What happened today is not evidence of guilt. The charges, an indictment, a warrant is not evidence of guilt and is such under our laws. I wish the public would keep that in mind. A man is innocent until proven guilty," Mazzei said. "He will walk around with a cloak of innocence and I think that is very important to keep in mind given the tremendous amount of media attention to this case."
Most of the attention with Rogers has dealt with the alleged photographing of the blueprints and subsequent delivery of those prints to Floyd Raymond "Ray" Looker. Looker, the Mountaineer Militia's commanding general, is alleged to have eventually sold those prints to a person he believed to be a broker for a terrorist group for $50,000.
Mazzei would not say if his client admitted to taking the photographs of the blueprints. However, he did say he wasn't sure if copying the blueprints were illegal.
"I'm not certain that these documents were classified. He's not charged with violating any secrecy act," Mazzei said. "From what I understand, what was involved here was nothing more that could be found by
any private citizen anywhere. I'm a little confused about exactly what the FBI is claiming that he violated."
Rogers' role was not determined by the FBI until after Dec. 28, 1996. In fact, Raffety said the FBI wasn't sure if Rogers was acting as an informant or cooperative witness for another agency during a meeting on that date.
It was thought that Rogers may have been providing information to a member of the Bridgeport Police Department. That member, who was not identified, was a member of the Harrison County Drug Task Force.
However, Raffety said he had a chance encounter with the officer in question. At that time, it was determined Rogers was not providing information to any law enforcement agency.
During the course of the 16-month investigation, Raffety said Rogers received no money for the copying of the blueprints. In fact, he said Rogers received no money during his alleged assistance to the militia.
Another point all sides agreed upon was that Rogers had no knowledge or association with the explosives involved in the case.
Updated October 21, 1996
Looker Granted New Counsel
ELKINS _ The much-anticipated first day in court for Floyd Raymond "Ray" Looker, the commander of the Mountaineer Militia, lasted about 10 minutes on Thursday.
Looker, whose group allegedly plotted to blow up the FBI's $200-million criminal identification fingerprint facility in Clarksburg, asked that his attorney be dismissed. Attorney David Jividen, a court-appointed attorney, was representing Looker.
Jividen's wife, Betsy, is a part-time federal prosecutor. According to her husband, she's worked at the job since 1980.
At the detention hearing, Looker told United States Magistrate David Core that he was uncomfortable with Jividen having a family member working with the government. Jividen said it's a fact he never tries to hide.
"I always bring that up as a matter of precaution," Jividen said after exiting the Federal Courthouse here.
The 56-year-old Looker, of Stonewood, said the situation was not personal, but he said "I do have a problem with his representation."
After announcing his preference, Looker, in a purple sweatshirt
and shackled by his hands and feet, was removed from the courtroom.
Core agreed with Looker and said he will assign him a new attorney. However, he said he was under the impression from a conversation on Friday with Looker that he did not object to the circumstances.
"Considering the nature of the charges against me, I would like to
keep my distance from that opponent (the government) as much as possible," Looker told the court.
Jividen said the situation wasn't really a problem. In fact, he agreed with Looker.
Updated October 18, 1996
Rogers' Attorney Questions
Clients' Role in Bombing Plot
ELKINS _ The lawyer representing James R. "Rich" Rogers in his
alleged role as part of the plot to blow up Clarksburg's FBI Fingerprint
facility, described him as "peaceful" and "law-abiding" at a Federal
Court Detention hearing on Thursday.
Rogers, a lieutenant with the Clarksburg Fire Department, allegedly provided photographs of the construction blueprints for the FBI
facility to the Mountaineer Militia. He also is charged with agreeing to
provide material support and resources for preparation of committing
an injury or depredation against the center.
"I've known of him for a number of years," Clarksburg lawyer Rocco Mazzei said after the detention hearing. "His fellow employees apparently have an extremely high opinion of him. He's a very peaceful,
law-abiding citizen who is well thought of in the community. He has no
criminal history. But, for this incident, he has never had a brush with
the law."
Mazzei also portrayed those thoughts to United States Magistrate
David Core in an attempt to prove that Rogers was not a dangerous
threat to society. However, Core disagreed.
"His act constituted a breach of his trust as a lieutenant member of the Clarksburg Fire Department," Core said.
Core said he did not believe Rogers was a threat to flee if released. However, he decided that he posed a danger to the community and opted to have him held until further court action resumes.
In court testimony by FBI Special Agent J.C. Raffety, Rogers was painted as an individual who had doubts about the legitimacy of the actual workings of Clarksburg's FBI fingerprint facility.
According to Raffety, Rogers told the FBI's cooperative witness,
who was identified as O. Marshall "Okie" Richards, that he felt the fingerprint facility was part of a clandestine operation.
Updated October 18, 1996
The following are by the Associated Press
Brought to you from
The Clarksburg Exponent and Telegram newspapers
Copyright 1996 Associated Press. All rights Reserved.
This material may not be published, broadcast, rewritten, or redistributed.
Government's case against 7 is all on tape
ELKINS (AP) _ The government's case against seven men accused in a plot to blow up the FBI complex near Clarksburg is all on tape _ 200 tapes to be exact _ an FBI agent testified.
The Mountaineer Militia's intelligence and security officer captured conversations on tape as the FBI built its case over 16 months, Special Agent J.C. Raffety testified Thursday.
The evidence was enough for magistrates in two cities to order four more suspects detained Thursday.
The final hearing for Mountaineer Militia commanding general Floyd "Ray" Looker was delayed after he requested that his court-appointed lawyer be dismissed because the attorney's wife is a federal prosecutor.
Jerald Jones, lawyer for one of the men, said he was not surprised by an Elkins magistrate's decision to detain three of the men because of all the publicity surrounding the alleged conspiracy.
"There has been so much scare-type publicity. I'm not sure the people are going to be able to be an impartial jury anywhere in the state. The government already tried the case in the media," he said.
Magistrate David Cole ordered three men held: James R. Rogers, 40, of Jane Lew, Lewis County; Jack A. Phillips, 57, of Fairmont, Marion County; and Terrell P. Coon, 46, of Waynesburg, Pa.
In Huntington, Magistrate Maurice Taylor ordered Fred Moore, 52, of Lavalette, Wayne County, held in another hearing.
Jones, the lawyer for Phillips, said charges against the men do not add up to a conspiracy to bomb anything.
Raffety testified Thursday that the informant approached the FBI in late April or early May 1995 after Looker had approached him about joining the militia as its intelligence and security officer.
Raffety said the FBI did not launch an investigation until the informant notified the agency of possible criminal behavior.
The informant allegedly sat in on conversations in which militia members identified the FBI center and two other federal targets "to be neutralized" in the event of a battle with the government, Raffety said. The other targets have not been disclosed.
Rogers, a Clarksburg fire lieutenant, was accused of obtaining copies of blueprints of the FBI complex that Looker eventually tried to sell for $50,000 to an undercover FBI agent.
Phillips, described as having an undergraduate degree in chemistry, was accused of conspiring to manufacture and deal explosives. And Coon was accused of conspiring to bring explosives across state lines.
Agents seized 50,000 rounds of ammunition, 50 weapons, chemicals and land-mine components from Coon's home, and they seized chemicals and a Chinese SKS semiautomatic rifle from Phillips' home, Raffety said.
At the fire hall, agents found books on bomb-making in Rogers' locker and a .45-caliber double-barreled pistol that was converted to accept shotgun shells, the agent said. The weapon was found in a bag next to a locker, the agent said.
Jones, the lawyer for Phillips, said charges against the men do not add up to a conspiracy to bomb anything.
"We're still in a country where a man is innocent until proven guilty," added Rocco Mazzei, lawyer for Rogers. "I can guarantee you there's two sides to this story."
In Huntington, a public defender argued that Moore was trying to cooperate with federal investigators when he was arrested and charged with conspiring with the Mountaineer Militia.
Testimony by an inspector from the Bureau of Alcohol, Tobacco and Firearms indicated Moore called to offer to testify against the militia after he was cited for manufacturing bombs without a permit."Whether he realized that what he was doing was wrong ... or whether (the inspector) 'put the fear of God into him,' it shows that my client was not really a member of the conspiracy and when push came to shove he wasn't going to go through with it," Weis said.
As for Looker, his detention hearing will be
rescheduled after another lawyer is appointed for him.
Looker, 56, of Stonewood, Harrison County, said he did not want to be represented by attorney David Jividen because Jividen's wife, Betsy, is an assistant U.S. attorney in northern West Virginia. Jividen is a former federal prosecutor.
"Considering the nature of the charges against me, I would like to keep my distance from that opponent as much as possible," Looker said.
The federal magistrate agreed.
The hearings in West Virginia came a day after a federal magistrate in Cleveland rejected defense lawyers' requests for bond for two men named in the alleged plot and ordered them transported to West Virginia.
James M. Johnson, 48, of Maple Heights, Ohio, and Imam A. Lewis, 26, of Cleveland were arrested at home last Friday and charged with illegally transporting explosives across state lines.
Their lawyers say they knew nothing of the alleged plot.
Greg Poe, attorney for Johnson, said Thursday that he has filed an appeal against the pre-trial detention of Johnson and Lewis. He said the appeal also asks for a stay on their transport to West Virginia
Updated October 21, 1996
Two suspects in militia explosives case
ordered extradited by magistrate
CLEVELAND (AP) _ Two men will be extradited to West Virginia to face charges that they illegally transported explosives across state lines in a plot to blow up federal buildings.
U.S. District Magistrate Joseph Bartunek on Wednesday denied their request for a stay of his extradition order. He also rejected a request for bond for the two men, James M. Johnson, 48, of Maple Heights in suburban Cleveland, and Imam A. Lewis, 26, of Cleveland.
"There is no evidence that these men will not be a threat to the safety of the community," Bartunek said in a brief hearing to issue the ruling.
He said the men should be extradited as soon as possible but did not specify when.
Transporting explosives illegally across state lines carries a penalty of up to 10 years imprisonment and a $250,000 fine.
Attorneys for Lewis and Johnson had asked Bartunek during a hearing earlier in the day to release the men on bond pending trial. They said both are upstanding citizens who should not be in jail.
Nearly 25 relatives of the defendants, including young children who napped on the laps of family members, crowded the small courtroom for Wednesday's hearing. The defendants wore orange jail outfits and were led in and out of court in handcuffs.
Family members declined to comment or waved away reporters in the courtroom corridor. The closest relatives were introduced in court as evidence of support for Johnson and Lewis and their stable lifestyles.
"Of course we are disappointed over the ruling, and we haven't decided yet whether to appeal it," said Johnson's attorney, Greg Poe. He and Lewis' attorney, Debra Migdal, left the courthouse without further comment.
Johnson and Lewis were arrested Friday at their homes on charges of assisting in a plan to blow up the FBI's national fingerprint record center and two other federal buildings in West Virginia.
At the hearing Wednesday, Migdal said Lewis didn't know militia members in West Virginia were the intended targets of the explosives sale.
Johnson "is not a risk of flight," Poe said. He characterized his client as a longtime resident who has run an auto repair business for 13 years.
Both attorneys sought to separate their cases from the conspiracy charges filed against five others in West Virginia.
"These two cases have been pushed together and they simply must be separated," Poe said.
Authorities said the seven suspects have ties to the West Virginia Mountaineer Militia. Hearings were scheduled today in Huntington and Elkins, W.Va., for the other five defendants.
Assistant U.S. Attorney Nancy Kelley told Bartunek the two men are a danger to the community and asked that they be held without bond.
The only witness to testify at the hearing, FBI Special Agent David Walters, said Johnson and Lewis met with an undercover agent Dec. 16, 1995, at Randall Park Mall in suburban Cleveland and again three days later in West Virginia. He said they sold the agent 1,000 explosive devices.
Agents started making the arrests after Floyd Raymond Looker, 56, of Stonewood, W.Va., gave blueprints of the new $200 million FBI complex in Clarksburg, W.Va., to an undercover agent in exchange for $50,000, the FBI said. The agent posed as a middleman for a fictitious international terrorist group.
Updated October 18, 1996
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