NH Free Press: “$420 or Jail”

May 2, 2009 by Ian
Filed under: Issues, News, Personal Freedom, Thuggery

Another stellar article on yesterday’s events, from the New Hampshire Free Press’ Kat Kanning:

$420 or Jail

By Kat Kanning

Nearly 50 Freestaters picketed outside the Keene District Court before the trial of two Freestaters, scheduled for May 1st. Signs objecting to the drug laws drew many honks and waves from passersby. Officer Stelatto of the crime lab describe the scene as, “a madhouse out there.”

The first trial was for Mike Barskey, who organized a small event, the Keene Freedom Fest in Railroad Square last year. Barskey was dragged into court because he didn’t have a permit for the event. He describes his interaction with Keene Police Prosecutor Eli Rivera:

“As I walked into the courtroom, Rivera recognized me and told me that they dropped the charges against me. I asked why and he told me essentially that they couldn’t prove that we claimed *exclusive* use of Railroad Square. Their ordinance says:

Sec. 46-1161. Scope.
Central Square Common and Railroad Square are public areas that are intended for public use. Accordingly, no person or group shall claim any kind of exclusive right to use or occupy either of these public areas.

I thanked him for rethinking the validity of their charge. I didn’t think, however, to ask him why he didn’t tell me they dropped the charges until that morning (i.e., why they made me drive 70 miles to find out).”

The second trial was for 18 year old Andrew Carroll, who intentionally possessed a small amount of marijuana as an act of civil disobedience. Carroll attempted to bring out the relatively harmless effects of marijuana and the disproportionate penalties for its possession and use as compared to similar types of crimes which have actual victims, but these arguments were deemed irrelevant to his guilt or innocence. The question of who was hurt was hurt by Andrew’s actions was also deemed irrelevant. During the questioning of Keene Police Lt. Shane Maxfield, Carroll asked if Maxfield believed people had the right to possess property. Carroll cited Article 2 of the NH Constitution which states that, “All men have certain natural, essential, and inherent rights – among which are, the enjoying and defending life and liberty; acquiring, possessing, and protecting, property…” Maxfield admitted that people do have this right and that marijuana is property.

Judge Burke did not appear interested in judging whether or not the marijuana laws were just or Constitutional, and found Andrew Carroll guilty fining him $420. When Carroll stated that he would not pay any fine, he was given the choice of the fine, community service, or jail (with jail time being determined at 1 day for every $50 of his fine). He was given until Monday, May 4th to decide, but had stated that he would take the jail time. He will be expected to report to Cheshire County Jail on Monday.

Dale Everett of Keene pointed out that Officers Yuhass and Willis of the Keene Police Department committed the same exact act that Andrew Carroll is being punished for – possessing marijuana. Officer Yuhass took the marijuana from Andrew and stuck it in his pocket, and later, Officer Willis possessed it in the evidence department. It’s just as ridiculous to say these officers committed a crime by holding this plant as it is to say that Andrew Carroll committed a crime by doing so.

Considering the violent reaction of Keene Police the last time Freestaters showed up for court where 6 Freestaters were arrested, I had expected to see the whole Keene Police force Friday in their crowd control gear, as we saw at Dave Ridley’s planned court civil disobedience earlier this year. There were a normal number of Keene Police there for the Barskey/Carroll trial. With this in mind, and the fact that Barskey’s charges were dropped, cameras were again allowed in the courtroom, and there was no mention of the fact that hardly any of the audience of Freestaters stood for Judge Burke entering or leaving the courtroom, I would say that Keene authorities have realized that what we told them was true — crackdowns only make it worse for the authorities by bringing more Freestaters here and invigorating the ones who have already moved.

Comments

7 Comments on NH Free Press: “$420 or Jail”

Mikearchy on Sun, 3rd May 2009 3:10 am

“Dale Everett of Keene pointed out that Officers Yuhass and Willis of the Keene Police Department committed the same exact act that Andrew Carroll is being punished for – possessing marijuana.”

Great point, Dale…

Anon on Sun, 3rd May 2009 6:03 am

On it’s way to the front page of digg:
http://digg.com/politics/Judge_fines_Marijuana_protester_420

Ziggy on Sun, 3rd May 2009 7:13 am

Personally I think Andrew shouldn’t attend Monday & in fact FSP should hide him away some place & create a human barrier if the thugs with guns come to get him.

The reason I think this should be the course of action is to prove how petty the state can be & to reinforce the message that drug possession shouldn’t be a crime!

Zeus on Sun, 3rd May 2009 7:26 am

I find it sadly amusing (and eye-opening) when you replace the word “drug” with “beer”.

“Andrew Carroll, 18, was arrested today for beer possession…”

“All prospective employees must go through a beer-screening, Sir.”

“Police recovered twenty grams of beer during a house raid on the upper east side today…”

Seriously? on Sun, 3rd May 2009 9:21 am

Is the judge kidding? Fining $420? Did he do that to be funny? Everyone knows that the number 420 is special to people who smoke marijuana. Makes me think the judge may be smoking it too!