Robert Wayne O'Ferrell - vs - Federal Government

[AUTiger73]

If there was ever a case where the Federal Government stepped on an innocent man and virtually destroyed his life, the case of Robert Wayne O'Ferrell must rank very high on the list.

For the edification of those that have either forgotten or are unaware of this case, I'll recap it as follows: Mr. O'Ferrell, a junk dealer in Enterprise, AL, and a minister of a small country church near New Brockton, AL, was TARGETED BY THE FBI in the murders of a Birmingham federal judge and a Georgia civil rights attorney. Approximately 10 years ago the FBI RAIDED O'Ferrell's business with a search warrant seeking a typewriter connected to the crime.

Having personally witnessed the RAID on O'Ferrell's store, I'll never forget the FBI agents storming into his business with guns drawn. As a method of INTIMIDATION, the FBI tipped-off the news media so they would be sure to film the whole ordeal. The FBI deliberately mislead the media to report that O'Ferrell was somehow involved in the murders. The subsequent negative news reports separated O'Ferrell from his customers, friends, and his wife. Folks that had known O'Ferrell for may years would not even speak with him and certainly not be seen with him. O'Ferrell's life turned into pure Hell thanks to the FBI.

The FBI tore-up O'Ferrell's business, his home, and even dug up his septic tank in search of this typewriter or anything else they could use against him. They even drained his neighbor's fish pond looking for that typewriter. THEY FOUND ABSOLUTELY NOTHING ! When the FBI interrogated O'Ferrell's wife they told her he had confessed and she needed to "make a deal" with them to tell everything.

Findly, when the FBI left town they left O'Ferrell under a cloud of suspicion. O'FERRELL LOST EVERYTHING HE HAD and even his wife divorced him. Eventually when the FBI found and convicted the guilty person (Walter Moody) ... THEY NEVER EVEN SO MUCH AS APOLOGIZED to Robert Wayne O'Ferrell.

O'Ferrell is suing the federal government and having lost his case in a lower court, he is appealing to the 11th Circuit Court of Appeals. The lower court ruled that the FEDERAL GOVERNMENT CAN NOT BE HELD RESPONSIBLE ... in other words, THE FEDERAL GOVERNMENT CAN DO ANYTHING THEY WANT TO A CITIZEN and there is NO LEGAL RECOURSE.

Think about this case the next time someone tells you to TRUST THE GOVERNMENT !!!

 

[AUTiger73]

As an addendum to orignal posting the only reference to this case found on the net is at: http://www.aci.net/kalliste/03amnewv.htm
This article is a recap of Walter Leroy Moody's trial and allegations made by former FBI Lab supervisor Dr. Fredrick Whitehurst about FBI's manufacturing & tampering with evidence. No mention was made of the earlier investigation of Robert Wayne O'Ferrell.

The current news article pertaining to O'Ferrell's appeal to the 11th Circuit Court published in the Dothan Eagle News follows:

"llth Circuit Hears Junk Dealer's Case Against Government" - AP Writer - Patricia LaHay

ATLANTA - An Alabama junk dealer asked appeals court Tuesday to revive his $ 50 million suit against the federal agencies that targeted him 10 years ago in the investigation of mail bombing that killed an Alabama judge and a Georgia lawyer.

Robert Wayne O'Ferrell and his former wife say the 9 month investigation by the FBI and other agencies wrecked his business and health and caused the breakup of their marriage. A U.S. District Court judge dismissed their suit in 1998, saying the government had reason to investigate O'Ferrell and isn't liable for damages.

A Georgia man, Walter Leroy Moody of Rex, eventually was convicted of sending the bombs that killed U.S. Circuit Judge Robert Vance of Birmingham, Alabama, and civil rights lawyer Robert Robinson of Savannah in December 1989.

Tuesday's hearing before a three-judge panel of the llth U.S. Circuit Court of Appeals focused on whether a search warrant that allowed agents to ransack O'Ferrell's home and business was properly issued.

The government got the warrant based on an FBI expert's testimony that O'Ferrell's typewriter - a limited edition, Japanese model made in 1962 - was used to type labels that accompanied the mail bombs.

"The key piece of alleged evidence in this case relates to a famous typewriter that was never found," said O'Ferrell's lawyer, William Gill.

Gill argued that the FBI expert was not only wrong but negligent because he didn't consult certain reference books at his disposal. He also said the agent contradicted his own testimony about whether O'Ferrell's typewriter produced the labels.

"He changed from saying it was definitely the one to saying it was likely the one," Gill said.

Peter Smith of the U.S. Department of Justice in Washington argued that O'Ferrell
would not be eligible for damages unless the FBI expert made recklessly false and deceitful statements.

Smith said the government still believes O'Ferrell's typewriter was used to produce the labels and argued that the FBI had "an obligation to search" O'Ferrell's property as soon as it identified him as a suspect.

"Time was of the essence in this case," Smith said. "The bomber had not only done serious harm but had threatened furture harm."

Smith also said officials must show probable cause, not absolute certainty, to get a warrant.

"I can see myself granting a search warrant based on probable cause," Circuit Judge Frank M. Hull said. "As a district judge, I did for a lot less that that, it seems to me."
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There you have it. THERE WILL BE NO JUSTICE FOR ROBERT WAYNE O'FERRELL. Mr. O'Ferrell was unfortunate enough to buy a junk typewriter that was allegedly connected to these murders. No one will ever know since the typewriter was never found.

The FBI and ATF virtually destroyed Robert Wayne O'Ferrell. Today he is in poor health and works in a small town grocery store. It would have been better if the FBI had just killed him.
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Interestingly, O'Ferrell only asked for an apology from the FBI. Their response was no apology is due him. Only after that did he file suit for $ 50 million.