MARK HALBURN CONVICTION UPHELD!

Kaufman Affirms Magistrate Decision
Still Guilty!



Mark Vance Halburn remains a convicted trespasser.



That's the decision of Kanawha County Circuit Court Judge Tod Kaufman who affirmed Halburn's conviction after a hearing on Wednesday, May 5th.

Halburn was convicted in January in Magistrate court in connection with a trespassing incident that occurred at the Shawnee Park Swimming Pool in Institute on August 30, 2009. He then appealed that conviction to Circuit court.


That's right folks. This is the algae filled pool Halburn wanted to swim in!

Things went bad for fatsack almost immediately when Kaufman denied all of his "motions".

Prosecutors said Halburn forced his way into the pool where the Kanawha County Sheriff Department's SWAT team was holding scuba practice, demanded to swim and when informed that the pool was closed to the public, became agitated and refused to leave.

Halburn shook his head repeatedly during Deputy J. M. Vernon's testimony as the officer stated that Halburn was ordered to leave multiple times, became aggressive and refused to remove his hands from his pockets.

The deputy also pointed out that the water was algae filled and the water level was low.
Halburn tried countering that statement by asking, "It wasn't appropriate for me but it was OK for you?"
Only Halburn would want to swim in an slimy algae pool just because someone said he couldn't.

During his testimony, Halburn, as he is wont to do, chose the fact that there was a sign that read, "Please Enter Through Side Gate" to use as his main rebuttal point, over and over again.

Judge Kaufman would have none of that.
"You didn't pay, you didn't own the pool, it wasn't your property, there wasn't anyone there to give you permission and your whole defense was you had a right to be there because that sign was there. There was nothing to say the pool was open. That's the whole point. The fact that you can get in doesn't make it open."

PutnamLIES.com made this very point last month in our article "Halburn Pounds The Table."

In his typical sympathy ploy, Halburn repeatedly pointed out the he is a 47 year old, 300 pound (that's perjury right there) diabetic that just wanted to go swimming on a warm August day.

Halburn was acting as his own lawyer and after the verbal bitchslapping he received from the judge for bringing up irrelevant matters, he seemed to be so stymied that he never brought up the "judicial misconduct" he claimed tainted his first trial. All he could do was keep babbling "the sign, the sign" in a stuttery, high pitched voice. Maybe next time maybe he should call Lee's buddy Matlock.

Ultimately, Kaufman decided Halburn had trespassed and upheld the conviction from Magistrate court.

Originally, Halburn was fined $250 plus $159 in court costs. Judge Kaufman said, "Essentially you're appealing a 409 dollar and 50 cent case."
Halburn whined that the fine was excessive and Kaufman reduced it to $100 plus costs, which Halburn being Halburn, tried to argue as well. So now we'll have to hear about how he beat the system or some kind of bullshit like that.

Halburn, who is also goes by the aliases of Hallburn and the Putnam Pool Boy, calls himself the "publisher" of a cluttered internet advertising shopper in Putnam County. He also moonlights as a substitute teacher.
He has a number of previous arrests including strong arm robbery, harassment and trespassing.

The case number is: 10M-AP-3.
You can get the case file HERE.

You can listen to the full audio recording HERE.
Also available on YouTube

You want a sign?
Here's your fucking sign, fatboy:



We'll go Deputy Vernon one better when he said, "Go back to Putnam County"
Go back to California.


We'll have more later.

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Audio Transcript of The Trial
Audio Transcript of The Trial on YouTube