Update: Keene PD’s Attempt to Jail Free Keene’s Ian on Hold

March 14, 2009 by
Filed under: Police, Thuggery, Update 

RiveraFirst, Keene Police prosecutor Eli Rivera sent the Keene District Court a motion to show cause, claiming I should be thrown in a jail cell for promoting Andrew Carroll’s heroic marijuana civil disobedience.

Here’s what happened after that:

We sent back this response, denying the prosecutor’s claims and showing them we’d be playing ball this time.

They replied with a supplement claiming I had not only promoted the disobedience, but that I participated in possessing cannabis.

We responded by saying they have no case and until there is a conviction, by the judges’ own definition of a suspended sentence, they have no cause to pull the suspended sentence and place me in jail.

Additionally, from my reading of the original order, the suspended sentence is now up.

Finally, they sent this document recently, claiming that the original motion is being held “in abeyance” until the outcome of their trial for Andrew on May 1st.

Sorry for taking so long putting this out there and thanks for your interest! Come join the fun here in Keene!

  • http://speakoutdanville.org/bbs Curt Springer

    Ian,

    Although I agree that this whole thing is a crock, I wouldn't be so quick to say you are off the hook simply because of elapsed time. It's not stated explicitly, but it seems that your period of good behavior runs 90 days from the date of your convictions for contempt of court, on or about 11/17/08. The date of Andrew's event was 1/10/09, well within the 90 days. I think it is the date of the event that governs, not the date of prosecution.

    Regarding allegations that you took part in the civil disobedience action, presumably they have no actual evidence. But, also, you posted here that you would attend but not participate, implicitly acknowledging that you understood the consequences. I often disagree with you, but I don't think you are as stupid as the KPD seems to think you are.

  • http://webryders.net nick

    2 questions.

    One: Am I wrong in saying that it's actually a 70 day sentence now? It looks like they made the final Contempt charge for just 10 days. not thirty, according to the order.

    Second: Where do we find that you only had to be good for 90 days? It was a 90 day (or 70 as said above) suspended sentence, but for example, Barskey is suspended one year. Are you sure you were only suspended 90 days?

    And Curt, as for the evidence for the marijuana, it looks like they're claiming they have their own video footage. Meaning they had someone undercover or away from the scene recording.

  • http://freetalklive.com/ Ian

    True.. it could be read both ways. A 90 day period of good behavior, or no limit to the good behavior term.

    Either way, we know they can throw me back in any old time they want. All they have to do is make something up and hit me with another contempt.

  • Vesuvius

    I would subpoena or otherwise demand to see this "video evidence."

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