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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
Magistrate to Allow Looker to Represent Himself
MORGANTOWN (AP)_ A militia leader accused of plotting to blow up the FBI fingerprint complex in Clarksburg may represent himself at his upcoming trials, a federal magistrate ruled.
The ruling means Mountaineer Militia commanding general Floyd "Ray" Looker will present his own opening and closing statements and question witnesses in U.S. District Court in Wheeling this August.
Under Magistrate James E. Seibert's order, Looker's third court-appointed lawyer, William Cipriani, will act on a standby basis to answer Looker's questions and step in if necessary.
The order was signed by the magistrate on Tuesday and filed with the clerk's office in Wheeling on Wednesday.
Cipriani, who has an office in Wellsburg, said Wednesday he was unsure of his responsibilities because he had never been tapped for such duties.
He said he would await a written order from the judge.
Looker is accused with six other men from West Virginia, Ohio and Pennsylvania in an alleged plot to blow up the FBI's Criminal Justice Information Services complex in Clarksburg.
Looker, 57, of Stonewood, initially made his request to represent himself at a hearing in which Stephen D. Herndon, his second court-appointed attorney, was dismissed on Dec. 13.
He reiterated his request at a hearing on Monday, Jan. 13.
Looker said Wednesday night in an interview from the Northern Regional Jail that he noticed the coincidence of the unlucky dates but that he did not feel unlucky.
"Unlucky for them, not for me," said Looker, who has attempted to file 18 motions with the help of an Arizona man, Paul Andrew Mitchell of Tucson, whose help Looker has enlisted.
The clerk's office is under order to accept but not file any motions sent on Looker's behalf by Mitchell.
Mitchell is not registered to practice law in either Arizona or West Virginia. He describes himself as a "counselor at law" who has been retained to write legal briefs for Looker.
Looker asked the magistrate to allow Mitchell to serve as a second court-appointed counsel. Seibert rejected the request.
In other developments, two Ohio men who were released on bond on Christmas Eve have pleaded innocent to charges of selling explosives to the Mountaineer Militia, a lawyer said Wednesday.
Imam Lewis of Cleveland and James Johnson of suburban Maple Heights were the last of seven suspects to appear for initial hearings and arraignments Jan. 10, said Jolyon McCamic, Lewis' lawyer.
Their hearings were delayed while they fought extradition to West Virginia and sought release on bond. Extradition became a moot point when they were released on $5,000 bond on Dec. 24.
One other suspect, Clarksburg Fire Lt. James Rogers, has been released on bond. Looker, Jack A. Phillips of Fairmont, Edward F. Moore of Lavalette, and Terrell Coon of Waynesburg, Pa., remain held without bond.
Updated January 16, 1997
Alleged militiaman free on bond
It will be a brighter Christmas in the home of one of the seven men allegedly involved in the plot to blow up Clarksburg's FBI Fingerprint facility.
James R. "Rich" Rogers walked out of Clarksburg's federal courthouse at 4:10 p.m. Monday. He posted an undetermined bond and will remain out of jail until his trial begins next summer.
The motion to revoke Rogers' detention was granted by United States District Court Chief Judge Frederick P. Stamp Jr., according to the United States clerk's office in Wheeling.
Stamp acted on a motion filed on Rogers' behalf by his attorney, Rocco Mazzei, in Clarksburg on Nov. 8. The clerk's office said the order to revoke the detention was entered after 5 p.m. on Friday.
"I'm pleased to accomplish this release for Mr. Rogers," Mazzei said. "It's important considering the holidays and considering that Mr. Rogers is a nice and fine man."
After being escorted into the courthouse by federal marshals, Rogers walked out in the company of his father, James Rogers Sr. His father said Rogers had no comment on the case or his feelings on returning home for the holidays.
A U.S. marshal said Rogers signed paperwork and had to meet with a probation officer before officially being released on bond Monday.
Representatives from United States Northern District Attorney William D. Wilmoth's office refused to offer comments on the matter. The United States clerk's office also refused specific comment.
Rogers was arrested on Oct. 11 by federal officials for his part in the alleged bombing plot. Arrested along with Rogers were Floyd Raymond "Ray" Looker of Stonewood; Jack Arland Phillips of Fairmont; Terrell P. Coon of Waynesburg, Pa.; James M. "J.J." Johnson of Maple Heights, Ohio; Imam A. Lewis of Cleveland, and Edward F. "Fred" Moore of Wayne County.
All of the men had alleged ties to the Mountaineer Militia group. Looker was the commander in the militia, while Rogers is allegedly one of the county commanders.
The apprehensions of the men came as the result of a 16-month investigation. FBI Special Agent J.C. Raffety headed the investigation.
Rogers, a lieutenant in the Clarksburg Fire Department, is accused of taking 35 photographs of blueprints of the FBI complex on file at the department. It's alleged Rogers provided the blueprints to Looker, who allegedly sold them for $50,000 to an undercover FBI agent posing as a broker for a Middle Eastern terrorist group.
The pictures, when assembled like a puzzle, provided an overview of the FBI center, authorities said.
In order to be released, the U.S. clerk's office said Rogers had to agree to several stipulations. The stipulations include that Rogers:
_ Will forfeit property in Jane Lew if he fails to appear for trial.
_ Shall maintain or actively seek employment.
_ Limit his travel to the northern district of West Virginia.
_ Cannot contact potential witnesses in the case.
_ Will report on a regular basis to the United States Probation Officer.
_ Has to refrain from possessing firearms or other dangerous weapons.
_ Remains confined to his home._ Is only permitted to leave his home for approved absences._ Shall be placed under electronic monitoring.He was originally ordered held without bond at a preliminary and detention hearing on Oct. 22 in Elkins. The order for detention was made by United States Magistrate David Core.
Rogers, who has a Jane Lew mailing address but is physically living in Harrison County, was indicted by a federal grand jury in Wheeling on Nov. 8. He was named in two parts of a three-count indictment.
In Mazzei's motion to have Rogers released, he disputed many of the allegations made in the government's case. He listed his reasons to have Rogers released in a nine-page document. In fact, he pointed to the official transcript 20 times in the motion in an attempt to validate his points.
The FBI's case against Rogers comes from 160 tapes concerning Rogers and Looker. Most, if not all, of the recordings
were made by informant O. Marshall "Okey" Richards. Richards, who is under FBI protection at an undisclosed location, was the militia's security chief.
Updated December 26, 1996
Federal district judge
enters order to revoke
the detention of Rogers
The motion to revoke the detention of one of the seven men involved in the alleged plot to blow up Clarksburg's FBI Fingerprint Facility pending trial has been granted by United States District Court Chief Judge Frederick P. Stamp Jr., according to the United States clerk's office in Wheeling.
It appears James R."Rich" Rogers only has to post bond in order to be home by the holidays, a U.S. clerk's representative said. The order comes as the result of a motion filed on Rogers' behalf by his attorney Rocco Mazzei in Clarksburg on Nov. 8.
"I'm pleased to accomplish this possible release for Mr. Rogers," Mazzei, who has not seen the official paperwork, said when contacted Monday morning."It's important considering the holidays and considering that Mr. Rogers is a nice and fine man.
"Although representatives from United States Northern District Attorney William D. Wilmoth's office had not seen the paperwork on the order, they did say they were aware of it. The United States clerk's office in Wheeling was the group that confirmed the order had been entered by Stamp after 5 p.m. on Friday.
Neither office would offer any comments on the matter. However, the clerk's office did say Rogers had not signed any papers to be released by late Monday morning.
Rogers was arrested on Oct. 11 by federal officials for his part in the alleged plot. Arrested along with Rogers were Floyd Raymond"Ray" Looker of Stonewood; Jack Arland Phillips of Fairmont; Terrell P. Coon of Waynesburg, Pa.; James M."J.J." Johnson of Maple Heights, Ohio; Imam A. Lewis of Cleveland; and Edward F."Fred" Moore of Wayne County.
All of the men had alleged ties to the Mountaineer Militia group. Looker was the commander in the militia, while Rogers is allegedly one of the county commanders.
The apprehensions of the men came as the result of a 16-month investigation. FBI Special Agent J.C. Raffety headed the investigation.
In order to be released, the U.S. clerk's office said Rogers has to agree to several stipulations. The stipulations include that Rogers:
_ Will forfeit property in Jane Lew if he fails to appear for trial.
_ Shall maintain or actively seek employment.
_ Limit his travel to the northern district of West Virginia.
_ Can not contact potential witnesses in the case.
_ Will report on a regular basis to the United States Probation Officer.
_ Has to refrain from possessing firearms or other dangerous weapons.
_ Remains confined to his home.
_ Is only permitted to leave his home for approved absences, and
_ Shall be placed under electronic monitoring.
Rogers, a lieutenant with the Clarksburg Fire Department, allegedly photographed blueprints of the FBI facility and given to Looker. Looker then allegedly sold the blueprints for $50,000 to an undercover FBI agent posing as a broker for a Middle Eastern terrorist group.
He was originally ordered held without bond at a preliminary and detention hearing on Oct. 22 in Elkins. The order for detention was made by United States Magistrate David Core.
Rogers, who has a Jane Lew mailing address but physically living in Harrison County, was indicted by a federal grand jury in Wheeling on Nov. 8. He was named in two parts of a three-count indictment.
In count one of the indictment naming Rogers, it alleges he and Looker conspired from June 1995 to Oct. 11, 1996 to commit the offense of providing the material support and resources with the knowledge and intent that the material support and resources provided would be used in the preparation for committing an injury to the FBI facility in Clarksburg.
Count two alleges that Rogers unlawfully and knowingly provided material support or resources on Feb. 18, 1996, with the intent that said material or resources were to be used in
preparation for injuring the property of the FBI's facility in Clarksburg.
In Mazzei's motion to have Rogers' released, he disputed many of the allegations made in the government's case. He listed his reasons to have Rogers released in a nine-page document. In fact, he pointed to the official transcript 20 times in the motion in an attempt to validate his points.
The FBI's case against Rogers comes from 160 tapes concerning Rogers and Looker. Most, if not all, of the recordings were made by informant O. Marshall "Okey" Richards. Richards, who is under FBI protection at an undisclosed location, was the militia's security chief.
Stamp's decision comes on the heels of his announcement to delay the trials for the seven men until August. The decision was made to allow defense lawyers to sort through hundreds of tapes in the case.
Updated December 24, 1996
Home lost in fire that of
FBI informant's girlfriend
Mack Dennis, assistant fire marshal, reportedly was en route this morning to the scene of a blaze in the Lake Floyd area of Harrison County which destroyed a vacant house owned by the girlfriend of an informant who helped unravel an alleged plot to blow up the FBI complex, residents said.
The owner listed on the Lake Floyd property deed was Carolyn Garber, said James Reaser, manager of the private lake.
Ms. Garber has been identified as the girlfriend of Okey Marshall Richards Jr., neighbors said. Richards is the FBI informant whose tape recordings led to the arrests of Mountaineer Militia leader Floyd "Ray" Looker and six others on Oct. 11.
The fire about five miles west of Clarksburg was considered suspicious and state fire marshals are investigating, said Donald Todd, chief of the Reynoldsville Volunteer Fire Department.
The vacant home was foreclosed upon Tuesday and it burned to the ground Wednesday night, Todd was quoted by the Associated Press as saying.
Efforts to reach the fire chief for further comment proved unfruitful today.
FBI Special Agent Thomas G. Noschese of Pittsburgh declined to say whether the FBI was investigating.
Ron Carey, who lives next door to the destroyed home, said Ms. Garber bought it in January and had made modifications while preparing to move in.
Carey said he saw Richards fishing several times with Garber's two children by the lake last summer.
At some point, the work on the house stopped and the couple stopped coming to the house, he said.
Richards made hundreds of tapes during an investigation that led to the arrests of Looker and the others in an alleged plot to blow up the $200 million FBI complex in Clarksburg.
Richards has been under FBI protection at an undisclosed location since the Oct. 11 arrests.
Updated December 16, 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.
Ray Looker Gets
Another Lawyer;
Trials Delayed
WHEELING (AP) _ A federal judge has given an early Christmas present to the lawyers for seven men accused of plotting to blow up the $200 million FBI center in Clarksburg.
U.S. District Court Chief Judge Frederick Stamp, Jr. has delayed the trials until August, giving lawyers a break during the holidays, a court official said Friday.
Meanwhile, a federal magistrate appointed a third lawyer for Mountaineer Militia leader Floyd "Ray" Looker.
William Cipriani of Wellsburg confirmed Friday that he has met with his client, but he declined further comment.
Looker, 57, of Stonewood, said in an interview from the Northern Regional Jail that he expects to represent himself and use the lawyer to answer legal questions on a "standby" basis.
His first lawyer, David Jividen, was dismissed in October because his wife was a federal prosecutor.
His second attorney, Stephen D. Herndon, was dismissed Dec. 13 because of personal differences. Looker complained Herndon was difficult to reach and that he was not allowed to participate in his own defense strategy.
Looker and six others are charged in a plot to blow up federal buildings including the FBI Criminal Justice Information Services complex in Clarksburg. Trials originally were scheduled for January.
The judge initially delayed for
one month the trials for Looker
and Fire Lt. James "Rich" Rogers
of Clarksburg, as well as Imam
Lewis of Cleveland and James M.
Johnson of suburban Maple
Heights, Ohio.
The judge's new orders delay
trials for those defendants and the
three others: Edward F. Moore of
Lavalette; Jack A. Phillips of
Fairmont; and Terrell Coon of
Waynesburg, Pa.
Defense lawyer Jerald Jones
said the delay is just what defense
lawyers needed. Instead of work
ing through Christmas and New
Year's Day, lawyers will get a
break, he said.
"It means that I'm going to be
able to go the Gator Bowl," Jones
said.
West Virginia University plays
North Carolina during in that
bowl game Jan. 1 in Jacksonville,
Fla.
Updated December 23, 1996
Looker Denies Involvement in Arson
(AP)_ A fire that destroyed a Clarksburg home was deliberately set, but fire officials said Friday the house no longer belonged to the girlfriend of an FBI informant.
The fire destroyed the vacant, two-story house on Lake Floyd, five miles from Clarksburg, on Wednesday night.
The house was once owned by Carolyn Garber, the girlfriend of Okey Marshall Richards Jr.
Richards is the informant involved in the FBI's case against members of the Mountaineer Militia who have been charged with plotting to blow up the Clarksburg FBI complex.
The manager of the private lake said Thursday that Ms. Garber was listed on the property deed as owner of the house.
However, the structure is now owned by John Smith of Clarksburg, who gave permission for arson investigators to search the remains Friday.
The leader of the Mountaineer Militia has denied any role in the fire.
"I emphatically deny any militia involvement because as far as I know, I'm the only member of the militia who visited the house," said militia commander Floyd "Ray" Looker.
Looker said he believes the FBI will try to blame him for the fire.
He and six other men with militia ties from West Virginia, Ohio and Pennsylvania have been charged in the bombing plot.
Looker said he visited the property with Richards and Ms. Garber. He said he was told the two were married, but neighbors say the two did not claim to be married.
The vacant home was foreclosed upon Tuesday and it burned to the ground Wednesday night.
Ron Carey, who lives next door to the destroyed home, said Ms. Garber bought it in January and had made modifications while preparing to move in.
Carey said he saw Richards fishing several times with Ms. Garber's two children by the lake last summer.
At some point, work on the house stopped and the couple stopped coming to the house, he said.
Richards made hundreds of tapes during an investigation that led to the arrests of Looker and others in an alleged plot to blow up the $200 million FBI complex in Clarksburg.
Richards has been unavailable for comment since the arrests of Looker and the others Oct. 11. He has been under FBI protection at an undisclosed location.
Special Agent Thomas G. Noschese of Pittsburgh declined to say if the FBI is investigating the fire.
Updated December 16, 1996
Militia Leader Fires Second Lawyer
WHEELING (AP) _ The leader of the Mountaineer Militia was allowed to fire his second lawyer Friday and vowed to file complaints against his old attorney and against the federal magistrate.
Floyd "Ray" Looker requested a lawyer who will allow him to participate in his defense. He complained that defense lawyer Stephen Herndon was inaccessible and did not do what he wanted him to.
"I would like an appointed counsel who's more in line with my philosophy and beliefs, not someone who's going to be working against me at every step of the road," Looker told a Magistrate James E. Seibert.
Seibert agreed to dismiss Herndon. But it was unclear whether Looker would represent himself with a lawyer standing by to answer questions or whether the lawyer would mount Looker's defense.
Looker, 57, of Stonewood, is charged with six others from West Virginia, Ohio and Pennsylvania in an alleged plot to blow up the FBI's $200 million fingerprint complex in Clarksburg.
Looker's first attorney, David Jividen, was dismissed in October because his wife is a federal prosecutor.
On Friday, a defiant Looker interrupted the magistrate and insisted on reading a statement in open court.
Looker said he planned to file a criminal complaint against Herndon for refusing to file motions written by an Arizona man that Looker enlisted for his defense.
Looker also accused Seibert of judicial misconduct for not stepping aside and not allowing the motions to be part of the record.
Seibert interrupted Looker's statement a number of times, noting it would be part of the court record and that he did not have to read it.
The two interrupted each other again as Seibert tried to determine Looker's problem with Herndon. He wanted to know if it was a problem of strategy or inaccessibility.
"There are many reasons, sir. That's why I'm not a happy trooper," Looker replied.
Seibert told Looker he could represent himself with a lawyer standing by. He advised Looker to use a lawyer.
"You aren't qualified. You don't have the background, training and experience to go up against these U.S. attorneys. This what they do for a living," Seibert said.
Seibert also took a swipe at the Arizona man Looker enlisted to assist his defense, noting that the "plea of abatement" entered on Looker's behalf has not been allowed since the 1940s.
"If you try to conduct your defense, you won't stand a chance," the magistrate said.
The hearing proceeded after a brief discussion of medications prescribed for Looker.
Herndon had complained earlier that Looker was not getting Prozac at the Northern Regional Jail. Looker said he was given another antidepressant, Elavin, but it made him sleepy.
Herndon said he believed Looker was competent. The judge agreed and the hearing proceeded.
Looker was arrested on Oct. 11 when he attempted to sell copies of FBI center blueprints for $50,000 to an undercover agent posing as the middleman for an unnamed Middle East terrorist organization.
Updated December 16, 1996
Defendants in bomb plot case
to seek delays in their trials
WWHEELING, W.Va. (AP) _Lawyers for four defendants heeded a magistrate's advice and sought to delay trials scheduled to begin in little more than three weeks in an alleged plot to blow up the FBI center in Clarksburg.
Defense lawyers must review evidence that includes 430 tape recordings, videotapes and other materials. A federal magistrate had encouraged them to ask for more time if they need it.
A motion on behalf of Jack A. Phillips of Fairmont was filed Monday in U.S. District Court in Clarksburg, his lawyer said.
The others were filed in federal court in Wheeling on behalf of Clarksburg Fire Lt. James R. Rogers, Edward F. Moore of Lavalette, and Terrell Coon of Waynesburg, Pa., a court official confirmed.
There was no motion filed for Mountaineer Militia leader Floyd "Ray" Looker, the official said.
Looker, of Stonewood, has asked a federal judge to have his lawyer removed because he was not allowed to participate in defense strategy. Looker wants to represent himself.
In all, seven men with militia ties face charges including conspiracy to make and sell explosives, to bring explosives across state lines and to commit an offense against the United States.
Two Ohio men, Imam Lewis of Cleveland and James M. Johnson of suburban Maple Heights, have yet to be arraigned. They have appealed their detention and extradition to the 6th Circuit Court of Appeals in Cincinnati.
Looker, of Stonewood, has filed a motion attacking the federal grand jury process. His motion charges it is unconstitutional because resident aliens are excluded from service.
The motion, written by Looker's co-counsel Paul Andrew Mitchell of Tucson, Ariz., contends there are two classes of citizens: state citizens and federal citizens.
The motion reasons that class discrimination is illegal so the federal grand jury process must be unconstitutional because some citizens are allegedly excluded from service.
Updated December 11, 1996
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