Bell Stay of Execution and Writ Of Error Coram Vobis Stay Ver6

7/31/2019 Bell Stay of Execution and Writ Of Error Coram Vobis Stay Ver6

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IN THE SUPREME COURT OF VIRGINIA

COMMONWEALTH OF VIRGINIA ))

v. ))

EDWARD NATHANIEL BELL Eddie )

EMERGENCY STAY OF EXECUTION BY NEXT FRIENDPETITION FOR WRIT OF ERROR CORAM VOBIS

1. Before Virginia supreme Court Justice G. Steven Agee was selected to

serve in the United States Courts, he wrote an opinion of14 September

2007 regarding the ancient common law writ of error coram vobis. So

this Writ is current in its application in the Courts of Virginia.

2. In the Duke Bar Journal of December 1951, in the article on the Writ of

Error Coram Nobis and Coram Vobis, it speaks to desperation. Bells

execution is slated for 19 February 2009.

3. In the Eddie Bell Case there are most definitely certain facts existed

which, if they had been brought to the attention of the court during the

trial, would have prevented the judgment. What are they?


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4. First let us be honest to acknowledge that the Appeals process has an

inherent flaw it that does NOT allow the introduction of new evidence, or

even old evidence that defense counsel failed to introduce in the

original trial, that cripples future Appeals efforts. On page 5 of the 23January 2009 Petition for Clemencyto Governor Kaine is written:

United States District Court Judge James P. Jones of the WesternDistrict of Virginia thoroughly examined the entire record from trialand post-conviction proceedings and found that the trial attorneysperformance representing Bell in the capital sentencing aspect of histrial was deficient within a constitutional standard.3 Thisfinding is extremely rare, and a powerful indictment of trialcounsels performance.

The Petition for Clemencyalso relates the deficient counsel at phasespriorto sentencing and contains crucial evidence not presented at trial,detailed on many pages but especially pages 26:

But Officer Bower, the only eyewitness to the shooting, did notsee a person wearing reflective stripes shoot Officer Timbrook....Bell was unambiguously wearing reflective white stripes on the

night of the shooting, yet the only eyewitness to the actualshooting itself saw a shooter that was notwearing reflectivewhite stripes. Where the only eyewitness saw someone otherthan the defendant do the shooting, the Governor shouldhave serious doubts about the defendants guiltdoubtssufficient to justify the exercise of executive clemency.

and page 27, Petition for Clemencyfor Eddie Bell:

Yet more than an hour after Bell broke into 305 Piccadilly, apolice helicopter using Forward-Looking Infrared detected ahuman image lying on the ground between a pickup truck anda shed behind 307 Piccadilly Street.

Apparently, My mind is made up, dont confuse me with the facts! or

We have our target suspect! dictated Winchester Police investigations.


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5. Therefore the errors of the first defense counsel, or the subtle biases of

the first trial judge as far as permitting the admission of various items as

evidence, without defense objections, can have persistent adverse effect

throughout the pursuit of justice in the Appeals process, especially if the

first lawyer is judged to be Competent Counsel, a very low bar to hurdle.

6. Blatant biases of the trial judge with significant departure from Due

Process are about the only matter that Appeals judges are ready to

overrule a lower court judge. A judge, John Wetsel, who in April 1995, in

Court transcripts, describes an young Black Army Veteran as

comparable to Adolf Hitleris an example of blatant judicial bias, yet even

with this, the Appeals courts have not overrulled the lower court coerced

Plea. In the Bell case, Judge Wetsel, presided over 7 of 14 preliminary

hearings according to Virginia Court Information online. On 4 February

2009 the Adolf Hitler remark of Judge Wetsel was revealed to the Senate

and House Courts of Justice Committees when Judge Wetsel was in

consideration for a position in the Court of Appeals of Virginia. In caucus,

Wetsel was not further considered due in part to an opposition statement

with this. The will and displeasure of We The People had spoken. Yet

Wetsel, presiding over 7 of 14 hearingswith his shocking bias, had a role

in the Eddie Bell case, with what impact on the life of Eddie Bell?


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7. The three branches of Government are Legislative, Executive and

Judicial. While the Founding Fathers created a Constitution based

Government with Checks and Balances between the three branches of

Government, often the three get a bit too cozy with one another; and so fail

to exert the balancing power intended by this Constitution, such as the

Legislative Oversight of the Judiciary to remove Bad Behavior

judges, and the Executive Veto by Clemency over Judicial acts

when blatant bias or disregard of Due Process is present. All branches

derive their power from the People, and a Writ of Error Coram Vobis is a

common law writ that advances Justice by the power of the People.

8. The Fourth Estate is the press, and Freedom of the Press is a highly

regarded Right by all Americans. The Fourth Estate is often the watchdog

that barks when the fox enters the henhouse, or the Judiciary trespasses

on the sphere of the Legislative, or the Judiciary ignores the Due Process

Rights of an accused Citizen, in an un-holy alliance with the Executive

Branch police powers and Executive Branch prosecutorial powers. Often

the press become Counselors for Law in the Court of Public Opinion

when the Courts of Law fail to protect personal Rights. The Press exposes

public servants, who by the creeping concept of Sovereign Immunity,

become immune to legal accountability to the People in the Courts of Law.


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9. Such Press exposure is the case with the Prosecutor of Eddie Bell,

Commonwealth Attorney Paul Thompson. On 17 February 1999, a trusted

informant revealed Paul Thomsonis skimming money from drug

dealers. This revelation came shortly afterThomsons name emerged

connected to a missing woman,a Court Reporter,who attempted

suicide after she had an adulterous affair with Thomson.Was this

information known or presented to the defense counsel before trial?

10. Thomson tried to Sensationalize the Eddie Bell trial and

conviction to gain re-election. Leaders in Winchester dropped a barrage

ofbad press in the newspapers the week before the election so that

corrupt prosecutorPaul Thomson lost by 423 votes in the 2001 election.

Was this honest bad press and electoral defeat information known or

presented by the defense counsel during appeals for Eddie Bell?

11. Within 20 minutes of the 02/17/99 informants report, City leaders met to

discuss what to do about this credible report of the elected Commonwealth

Attorney Paul Thomson violating the law by skimming money from drug

dealers. Being Thomson was a Constitutional Officer, they turned it over

to the FBI. Eight months later Thomson is prosecuting Eddie Bell for a

murder with related drug charges. Was this information about

Thomson known or presented to the defense counsel before trial?


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12. On 18 July 1999, Winchester Police Chief Gary Reynolds wrote a

blistering reply letter to a letter from Commonwealth Attorney Paul

Thomson that discussed what a mess Thomson had made of the

Washington casein August 1994 to February 1995, and suggested that

the Attorney Generalof Virginia, or the Chief Justice of Virginia be

contacted about the problems. Was this information known or

presented to the defense counsel before trial?

13. Northern Virginia Daily reporter Garren Shipley on 6 and 7 February

2009, less than two weeks before Eddie Bell is slated forexecution on 19

February 2009, reports various FACTS that were not presented during the

trial, or misrepresented by the Prosecutor Paul Thomson. Was this

information below known or presented by Prosecutor Thomson to the

defense counsel before trial?


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14. There is not any Scientific Evidence that positively links the alleged

murder weapon (notice NV Daily reporter statement found the murder

weapon on the second day of a search) to the alleged murderer Eddie

Bell. The Gun Shot Residue Tests have Chain of Custody problems and

inconsistent testimony regarding the sample, NO fingerprints were taken,

DNA involved three persons, so inconclusive. Was this information

known or presented to the defense counsel before trial?

15. Are there any bullet ballistic studies that positively connect the alleged

murder weapon to the bullet that killed Policeman Ricky Timbrook? Not so.

Was this information known or presented to the defense counsel

before trial?

16. Is it logical, or believable, that 50 police officers doing a fine tooth

comb search did not find the alleged murder weapon until the second day?

Was this information known or presented to the defense counsel

before trial?

17. Is it likely police found (or planted) the alleged murder weapon under

the steps of the house where the accused Eddie Bell ONLY AFTER he was

found where he went to hide when he heard the gun shots the night before,

gun shots fired by another that killed Policeman Ricky Timbrook?Was this

information known or presented to the defense counsel before trial?


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18. The 0840 entry on 02/17/99 of Winchester Police Department notes tell

of a trusted informant stating that Winchester Commonwealth Attorney

Paul Thomson is skimming money from drug dealersyet has been

redacted, or the name blacked out. The number ofletters that are

blacked outappear to fit the name of Ricky Timbrook, the honest

policeman who was killed just over eight (8) months later on 10/29/99

andjust over three (3) months after the blistering letter of 07/18/99

from Police Chief Reynolds to Paul Thomson about the mess he made.

-- Did the defense counsel ever attempt to obtain a copy of the

Winchester Police notes of 02/17/99 that were NOT blacked out so

to determine if Ricky Timbrook was the trusted informant?

-- Was this information about Thomson reported by a trusted

informant as skimming money from drug dealers, or any follow on

reports, known to or presented by the defense counsel before trial?

19. Several related points over time regarding Police Investigations in

murder cases:

(1) The Police Notes of 02/17/99 are noted DBS (for David B.

Sobonya) and also reveal that Investigator David Sobonya was present at

the discussion with the Police Chief and Deputy, the City Manager and the

City Attorney aboutCommonwealth Attorney Paul Thomson; so Sobonya


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knew who was the trusted informant, and so may have accidentally (or

intentionally) revealed that informants name to suspect Paul Thomson.

(2) A footnote by Forensic Scientist Douglas H. DeGaetano on a

Certificate of Analysis dated September 14, 1994 states that on September

8, 1994 Investigator Sobonya tampered with a Forensic Test (Gun Shot

Residue) by terminating the GSR test before all eight suspects tests were

completed, after learning that the Police Investigators prime suspect Jeff

Washington, tested NEGATIVE, which is Forensic Misconduct by

Sobonya. If willing to do this, what other evidence tampering was done?

(3) The Innocence Project of Washington College of Law at American

University profiles the case in Maryland of Bernard Webster who was jailed

20 years due to Forensic Misconduct, yet finally released from prison.

(4) There are factors that suggest in an earlier murder scene an

intact bullet was planted at the crime scene in the murder of drug dealer

Carlos Marshall, in the Alford Plea prosecution of Jeff Washington.

(5) Kristin Black admitted traveling with drug dealer Carlos Marshall

to Philadelphia to buy drugs, and that a white man named Scott had given

Carlos $1000. In the ski mask found in a gutter near the crime scene, there

was a white mans hair fiber, but Police never tested it. A neighbor said he

saw a white man running from the apartment crime scene after the shots


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were heard. Witnesses in the apartment of the crime scene said one of the

gunmen had white skin in the eye holes. Despite MANY clues to a white

man involvement in the murder of Marshall, Investigators Sobonya and

Bailous NEVER found any white man suspect, or one named Scott.

(6) In the Washington case, with Investigator Sobonya, there was NO

Forensic Evidence that solidly linked Washington to the murder of Marshall.

In the Bell case, with Investigator Sobonya, there was NO Forensic

Evidence that solidly linked Bell to the murder of Timbrook.

Was this information, items (1) through (6), known to or presented by

the defense counsel before or during trial?

20. There is street talk that states that there was an improper relationship

between Brad Tripplett and the wife of Ricky Timbrook, and also reports of

a confrontation between the two men. Given the natural and proper

sympathy toward a widow, this is an highly prejudicial issue to raise. Yet,

was this information known or presented to the defense counsel

before trial? Has there been any unbiased investigation of this

allegation to determine its merits? An email on the question:

On February 18, 2009 10:48:05 AM EST ...also sent a note to Gov Kaine

on his "contact the gov" page about the day ricky was

murdered. about how he came by the office to sign his

mortgage papers for their new house but couldn't locate his

"wife" for several hours that afternoon...then, just hours

later he was dead...


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we all took photos together outside the office while waiting for

kelly who never showed up. you would think buying yournew house - would be a really important event you would

show up for - or at least be reachable for?

Winchester Policeman Ricky Timbrook was shot by an unknown

gunman on 29 October 1999. Eddie Bell has been framed for the

murder. A simple way of verifying the email below is to check if the

basic premise of the event is true, that on 29 October 1999, Ricky

Timbrook signed mortgage papers

On Feb 19, 2009, at 8:47 AM EST, MARSHA MAINES wrote:The day Ricky Timbrook was executed (not by Eddie Bell)

his wife was unreachable for several hours when it was time

to sign their mortgage papers for their new house. Timbrook's

"partner" Brad Triplett was MIA as well.

Ricky was perplexed. We all gathered outside to take photos of

him with "all us girls" to make his wife see what a great catch hewas..we were all dressed for halloween.

I am for the death penalty - but not when there is REASONABLE

DOUBT ...

The Jeff Washington case was just a trial run - the purpose of the

Bell case is so the black robes and white collars running this town

make sure "the rest of us" DO AS WE'RE TOLD...like sheep...

Why else would Terry Whittle, Chief Clerk state "ohhh running

with the big boys now are we?" when a Quo Warranto andMandamus was filed in Circuit Court last year.

My bet is - if a DNA were done on Kelly Timbrook's son - it would

reveal that Ricky was not the father.

Just my two cents worth...


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Would hate to see somebody Die for someone else's crime -

Christ did it once already...

why should anyone else have to pay for the sins of another?

Kelly Wisecarver married Ricky Timbrook, but was she faithful to him, or

are reports of her adultery with Brad Tripplett founded in fact? Is there a

motive for murder by Brad Tripplett if facts prove true? Or may the

murderer be the man helicopter infrared sensors showed in the alley?

In the 19 February 2009 edition of the Northern Virginia Daily

newspaper, reporter Garren Shipley writes, in part:

Residents discuss Bell execution

Murderer scheduled to die tonight

for '99 police officer slaying, barring intervention

Bell's case may not be the buzz of the bookstore, but it does come up

on occasion among the patrons of John B. Hayes Tobacconist in

Winchester, just a block from where the shooting took place.

Patrons there said that, while they had all moved to the area since the

shooting, they do have friends who were in Winchester in 1999 -- and

many have doubts about Bell's guilt.

"I've heard cops say that he didn't do it," said Gary Gerrien, one

of several men in the store smoking Wednesday afternoon "They've

said another cop shot him."

Bell is scheduled to die at 9 p.m.

Contact Garren Shipley at [email protected]


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21. Note the discrepancies between the Eye Witness testimony of Parole

Officer Brad Tripplett, and the other two Eye Witnesses. Two say

Policeman Timbrook gave chase to a suspect (with clothes different than

those Bell was wearing). Timbrook was shot but they did not see the shot.

Trippletts testimony is much the same, yet somehow he very graphically

says he saw Timbrook fall back when shot. How to resolve this

discrepancy of the testimony of Brad Tripplett? Was this information

known or presented to the defense counsel before trial?

22. For a Capital Murder conviction there is supposed to be a standard of

proof beyond a reasonable doubt. With the questions presented above,

is there considerable doubt UNLESS each is definitively answered?

23. Regarding this information being made available to the defense counsel

by the prosecution, elected Commonwealth Attorney Paul Thomson:

"Silence can only be equated with fraudwhen there is a legal

or moral duty to speak, or when an inquiry left unanswered

would be intentionally misleading... We cannot condone this

shocking conduct... If that is the case we hope our message is

clear. This sort of deception will not be toleratedand if this

is routine it shouldbe corrected immediately"

U.S. v. Tweel, 550 F2d 297, 299-300.

24. Fraudulent Inducement by Commonwealth Attorney Thomson to

Surrender a Legal Right, the Right to Due Process and the Right to Life.


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Fraud:An intentional perversion of truth for the purpose of

inducing anotherin reliance upon it to part with some valuable

thing belonging to him orto surrender a legal right."

Black's 5th, 594.

Extrinsic fraud: The character of fraud which willafford a ground for

setting aside a judgmentthat is, fraud which is collateral to the

issues tried in the case wherein the judgment was rendered.

Fraud vitiates the most solemn contracts, documents, andeven

judgments." U.S. vs. Throckmorton, 98 U.S. 61.

Actual fraud characterized by an evil intent to take undue advantage

of another person for the purpose of actually and knowingly

defrauding him. Flood v Templeton. 152 Cal 148, 92 P 78.

For the purpose of grounds of equitable relief against a judgment,

fraud which has prevented a party from having a trial, from

presenting, all his case to the court or has so affected the manner

in which the judgment was taken that there has not been a fair

submission of the controversy to the court.

Farley vs Davis, 10 Wash 2d 62, 116 P2d 263 155 AIR l302.

25. Exculpatory Evidence

Due process of law requires that the government disclose to a

criminal defendant favorable evidence in its possession that

could materially aid the defense against pending charges

(exculpatory evidence).

The U. S. Constitution requires and guarantees that In all criminal

prosecutions .. to have compulsory process for obtaining witnesses in


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his favor, and to have the assistance of [competent, affordable]

counsel Sixth Amendment, U. S. Constitution

The Virginia Constitution requires and guarantees Thatin criminal

prosecution a man hath a right to... call for evidence in his

favor. Art I, Section 8, Virginia Constitution

The prosecution has a constitutional obligation to disclose

material, exculpatory evidence. Brady v. Maryland, 373 US 83

26. Immunity claims.

"Qualified immunity defense fails if public officer violates clearly

established right because a reasonably competent official should

know the law governing his conduct" Jones vs Counce 7-

F3d-1359-8th Cir. 1993; Benitez V Wolff 985-F3d 662 2nd Cir l993

"Officers of the court have no immunity, when violating a

Constitutional right, from liability for they are deemed to know the

law" Owens V Independence 100 S.C.T. 1398

27. Judicial Immunity claims.

"When a judge acts as a trespasser of the law, when a judge does

not follow the law, the judge loses subject-matter jurisdiction and the

judges' orders are void, of no legal force or effect.


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The U.S. Supreme Court, in Scheuer v. Rhodes, 416 U.S. 232, 94

S.Ct. 1683,1687 (1974) stated that

"when a state officer acts under a state law in a manner violativeof the Federal constitution, he "comes into conflict with thesuperior authority of that Constitution, and he is in that casestripped of his official or representative character and is subjectedin his person to the consequences of his individual conduct.

The State has no power to impart to him any immunity from

responsibility to the supreme authority of the United States."

Judicial Immunity is a special "Law" that judges created, without

going to our elected officials. "The official immunity doctrine... 'has in

large part been of judicial making...'"

Doe v. McMillan, 412 U.S. 306, 319

citing from Barr v. Matteo, 360 U.S., at 569

28. Judicial notice of laws. Code of Virginia Section 19.2-265.2.

A. Whenever, in any criminal case it becomes necessary to ascertain

what the law, statutory or otherwise, of this Commonwealth, of

another state, of the United States, of another country, or of any

political subdivision or agency of the same is, or was,at any time,

the court shall take judicial notice thereof whether specially

pleaded or not.


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B. The court, in taking such notice, shall consult any book, record,

register, journal, or other official document or publication purporting to

contain, state, or explain such law, and mayconsider any evidence

or other information or argument that is offered on the subject.

"Damages will lie in proper case of negligent misrepresentation

of failure to disclose." Such is the case with Bells Prosecutor.

28. Finality of Judgments.

Rule 1:1 of the Rule of the Supreme Court of Virginia All final

judgments, orders, and decrees, irrespective of terms of court, shall

remain under the control of the trial court and subject to be modified,

vacated, or suspended for twenty-one days after the date of entry,

and no longer.

Jurisdiction divests after entry of final order. After an order becomes

final, the trial court, pursuant to this rule, is divested of jurisdiction and

every action of the court thereafter to alter or vacate that order, is a

nullityunless one of the limited exceptions to the preclusive

effect of this rule applies.

Davis v. Mullins, 251 Va. 141, 466 S. E.2d 90 (1996)

However, there is no absolute statute of limitation or 21 day rule on

correcting records:


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Even if the prosecutor did not knowof the falsityat the time the

evidence was introduced, the failure to correct it upon awareness

thereafter is error equal to deliberate use.

Nape vs. Illinois 360 U.S. 264, 269, 795. Ct. 1173, 1177

3L. Ed 2d 1217 (1959) and

Walker v. Commonwealth 4 Va, App 286, 300, 356

S.E. 2d 853, 861 (1987).

Judgments that are void may be attacked in any court at any

time, directly or collaterally.

Rook v. Rook, 233 Va.92, 95, 353 S.E.2d 756 (1987).

Judgments achieved byProsecutor Thomson against Bell and

Jeff Washington, or others, based on FRAUD are Void Ab Initio.

29. On 31 October 2003, a few years after the false accusation but

nonetheless conviction of Eddie Bell on circumstantial evidence and

conflicting testimony for the murder of Policeman Ricky Timbrook, Justice

Barbara Milano Keenan wrote an Opinion issue by the Virginia supreme

Court in the case of Debbie Thomspon Herndon as Next Friend of Matthew

McNeil Herndon against St. Marys Hospital. PRESENT were Hassell,

C.J., Lacy, Keenan, Koontz, Lemons, and Agee, JJ., and Russell, R.J.

Justice Keenan writes:


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30. Historically, in the case of an infant, the father is prima facie the proper

person to act as next friend; in the father's absence the testamentary

guardian if any; but any person not under disability may act as next

friendso long as he has no interest in the action averse to that of the

infant. Born in Jamaica, the location of the father of Bell is unknown.

...In the case of mental incapacity, a conservator, guardian, or committee,

but if they have no such representative, or if the committee has some

interest adverse to the claimant, they may sue by a next friend.

...A next friend has full power over the proceedings in the action as if

he were an ordinary plaintiff, until such time as a guardian or guardian ad

litem is appointed in the case, but is only entitled to present evidence on

the same basis as any other witness.

31. Eddie Bell has been tested to possess an IQ of 68. By various

professional medical journals that score rates as mild retardation, or mental

incapacity. Mental incapacity often rates a man as a minor even though his

chronological age is 18 years or more. Common use of Intelligence

Quotient is to show the mental ability, if we want to know his mental age,

the Courts may make use of the following methods:

WAIS - Wechsler Adult Intelligence Scale


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WISC - Wechsler Intelligence Scale for Children

Marrill Palmer Scale of Mental Tests

Vineland Social Maturity Scale

Below from the American Mental Health Association is the statement:

The mental age of mild mental retardation can be equal to 8 - 11.

Given the above, it would be fair to classify Eddie Bell as a minor under

the law, so thereby a Next Friend could intercede on his behalf, as herein is

being done to try to save his life, an action where Bell is the beneficiary.

32. Given the above, Edward Nathaniel Bell, known as Eddie Bell, by Next

Friend, does Petition for a Writ of Error Coram Vobis to have a new trial, or

trial de novo, with a jury of his peers to hear crucial evidence not presented

at the original trial, this time at a trial represented by fully competent

counsel acceptable to the Next Friend, or a Court appointed Guardian Ad

Litem. The record is replete with indicators of the incredible inadequacy of

preparation for trial by the series of lawyers who took and dropped Bells

case before the final lackluster defense at trial. The Petition for Clemency

to Virginia Governor Timothy Kaine dated 23 January 2009 prepared by a


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team of lawyers Matthew R. Roskoski, Robert E. Lee, James G. Connell,

III, Jonathan P. Sheldon and Randi R. Vickers in its 41 pages gives more

than ample instances of new information and evidence that fully warrants a

new trial under a Writ of Error Coram Vobis.

34. Of course to accomplish that new and fair trial with a properly informed

jury, given the EMERGENCY of time being that execution is slated this very

day at 9 p.m., a STAY of EXECUTION ORDER is required immediately.

/ on death row, signature not available /

Edward Nathaniel Bell Eddie Bell

by Next Friend,

James Renwick Manship, Sr.,

trained therapeutic foster father in Virginia

Chairman, God and Country Foundation

Box 76, Mount Vernon, Virginia 22121


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An Authorized Advocate beforeGovernor Tim Kaine for a Pardon for

Jeffrey Franklin Washington, alsofrom Winchester, Virginia, as isEdward Nathaniel Bell.


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CERTIFICATE OF SERVICE

The Commonwealth of Virginia as a named Party will receive by hand

delivery a copy of this EMERGENCY MOTION FOR STAY OF

EXECUTION BY NEXT FRIEND / PETITION FOR WRIT OF ERROR

CORAM VOBIS, filed with the Clerk of the Virginia supreme Court on

Thursday, 19 February anno domini 2009, sadly, the day of scheduled

execution of Eddie Bell, at the Office of the Attorney General Robert

McDonnell, acting as agent for the Commonwealth and Governor Timothy

Kaine, at the Attorney General offices located 900 East Main Street, Sixth

Floor, Richmond, Virginia 23219, United States of America.

James Renwick Manship, Sr.

Next Friend for Eddie Bell

Edward Nathaniel Bell

God and Country Foundation

Box 76

Mount Vernon, Virginia 22121

[email protected]

202-657-6760 v / 202-372-5790 c
mailto:[email protected]:[email protected]:[email protected]

Bell Stay of Execution and Writ Of Error Coram Vobis Stay Ver6

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