AnarchoJesse Ordered to Jail for Illegal Gardening

This weekend KPD’s prosecutor “served” Jesse with papers demanding he show up at Chez Westmoreland for a reduced sentence. Jesse thought it had been dropped entirely, but it had only been reduced to a $100 fine down from $150, so that will mean he’d spend two days in jail. Since Jesse has no transportation to the jail, he calls KPD to inform them. Rivera tells him he needs to visit the court and tell them. Rather than jump through a bunch of hoops, Jesse opts to not bother continue voluntarily cooperating with their caging of him. His call to Rivera was broadcast live:

Will they come to his home, force him to take a ride to the jail, then charge him with more “crimes against the state”, like “failure to appear” or “contempt of court”? Perhaps they’ll just wait until they see him in the street? Only time will tell. This is the first time an activist has refused to cooperate by not showing up for their caging demands.

We’ll keep you informed as this situation develops.

  • Lpviper

    Caged for violating the tenets of an illogical concept. Lovely.

  • AnarchoJesse

    Hey ho, here I go!

    :D

  • jzacker

    its a 2-day jail stint? He could just go in and sleep for 2 days. that would be funny. He should bring in sun tan lotion and a beach ball and pretend its a 2-day vacation.

  • http://soundclick.com/thinkliberty thinkliberty

    You are not going to turn yourself in to be caged?!

    What has the world come to when liberty lovers stop volunteering to be put in a cage.

    The politicians and boot-lickers hate it when you ignore their violent threats.

  • BigMike

    Way to take peaceful non-cooperation to the next level Jesse. Hopefully others will be motivated by these actions of yours and continue the trend in the future.

  • Jeff

    Way to go Jesse!

  • GRAFFITI

    First time not showing up for federal court was Russell Kanning who was then taken by the U.S. Marshals.

    Still a fugitive, on an unrelated charge, as far as NH is concerned

  • The lord

    This is interesting, taking non-cooperation to its logical conclusion. I hope for the best Jesse and continue to live free without fears.

  • wow

    its so painful watching people fail

  • iawai

    Maybe a nice Keene Peace Officer will suggest to his superior that he spend the $100 to satisfy the court's demand instead of the cost to send an armed squad car to taxi Jesse to the cage and the following incarceration?

    Or will they not only gladly follow orders and inflict pain, but insist still that it is Jesse wasting taxpayer's money?

  • Lpviper

    The answer is 'B'

  • http://facebook.com J. Ray

    I pray to Yatver that I get to do the beach ball vacation schtick before anyone else.

  • http://apathyonline.net abbie

    Ha, he said you’d better see the judge.
    Wish you the best, and congrats for being, I guess, the first person with better things to do than go to jail.

  • http://soundclick.com/thinkliberty thinkliberty

    Jesse is the first activist that I know of to not turn themselves in to be caged voluntarily. After not doing anything wrong. (My guess is a dirty cop will kidnap Jesse for money and then force him in to a cage at gun point.)

    The next actvist would have to be like Russell and ignore their court date completely to top this act of civil disobedience. (Like Graffiti said.)

    Jesse has brass balls.

  • jzacker

    Jesse should probably resolve this issue. Failure to report for a sentence (without a good reason or excuse) is considered 'Escape'. I think this is the correct RSA:

    Section 651:24

    651:24 Failure to Report Deemed Escape. – Any person released under RSA 651:19 or RSA 651:19-a, or ordered confined under RSA 651:20 or 21 who willfully fails to report as ordered shall be deemed to have escaped from the institution to which he has been sentenced and upon conviction shall be subject to the punishment provided for escape therefrom.

    Escape (without violence) is a class 'B' felony (see RSA 642:6).

    I think we shouldn't take this situation so lightly. A felony charge is bad news. Although I doubt a judge would be harsh given the circumstances, a jerky prosecutor could do a lot of damage.

  • http://webryders.net nick

    Luckily, Jesse was not "released under RSA 651:19 or RSA 651:19-a, or ordered confined under RSA 651:20 or 21"

    So he does not meet the requirements of the escape RSA you cited.

  • AnarchoJesse

    Lucky me.

  • jzacker

    @Nick
    Yea you're probably right. Failure to report to JAIL might be a contempt charge though. Warrants will be issued, blah blah blah. And I'm sure it results in more jail time.

    I couldn't find the NH statute, but in Wisconsin, I found that Failure to Report to Jail is a misdemeanor if the sentence is under 10 days, and a felony if over 10 days. Just something to be aware of I think.

  • http://freetalklive.com/ Ian

    It may be "bail jumping".

  • http://www.motorhomediaries.com Pete Eyre

    Good for you Jesse.

    If they do kidnap you and force you into their cage, you should use it as an opportunity to reach out to others in/around your cage. Rather than jails and prisons being breeding grounds for "criminal" behavior they can be seen as recruiting opportunities for those of us advocating for the voluntary society.

  • adam.m.mueller

    Is there a number we can call to state we don't want people caged for these 'crimes'? I also wish everyone would take the same stance with the state. Just stop enabling it and smoke a bowl. Best plan I have heard yet.

  • Anton Lee

    I agree with Adam. What was it laundry day Jesse?

  • Jamestheantipatriot

    Way to stick it to em Jesse. Anyone who can't see how arbitrary these so-called laws and punishments are is deaf, dumb, blind or a combination of all those.

  • Peacemaker

    Good for everyone Jesse that you're not playing along with this violent gang.

  • Brad

    IN COURT:

    1. ask the officer:

    * "who was injured?"

    * "were you injured?"

    2. If no injury is shown, then the judge is to be

    informed that the officer does not have standing

    to bring charges against the defendant.

    3. If that fails; ask the (officer) revenuer:

    * "did you write the complaint?"

    * "was this complaint perfect?"

    * "how many elements are there to a perfect

    complaint?"

    * at this point the prosecuting attorney will

    object, as the revenuer is not an expert in

    complaints;

    * the defendant then impeaches the witness as

    he is not an expert witness, and his

    testimony is questionable

    4. failing that:

    * ask the judge: "who do you represent in these

    proceedings?"

    * he will indicate "the state"

    * ask the judge: "If you represent the state, as

    you have admitted, does that not make you

    party to the complaint against the defendant?"

    * The defendant then demands that the judge

    recuse himself from the proceedings, as it is

    highly improper for the judge to sit in

    judgment on a case to which he is party.

    IN THAT ORDER.

  • Lpviper

    That's very interesting. Has anyone an example of this method in action, or at least a somewhat verifiable anecdote? I am interested in the results of this kind of approach

  • BigMike

    This is similar to Marc Steven's way to defend in court. It's interesting to see their response and makes the judge, prosecutor and witness look like idiots but ultimately it would only get the charges dismissed if they were tired of dealing with you. It's more of an "expose the system for what it is" than a valid legal defense.

    The first and second issue refer to whether or not a crime can be considered an offense without an injured party. In NH, it can, as stated in the opening pages of the NH rules of criminal procedure. It's a fun moral argument to make but the court doesn't want to hear moral arguments.

    Part 3 refers to the essential elements of the charges against you needed to obtain a conviction. While what was stated above refers to a perfect complaint or the elements of the complaint sounds good, it's not the correct way to word the question. You would want to ask about the charges and what elements need to be present in order for those charges to apply. Example, if the complaint was for breach of contract, the 3 elements necessary would be 1)the existence of an enforceable contract, 2)acts of the defendant that constitute the breach and 3)damages to the plaintiff because of the breach. If the cop on the stand didn't know the elements to the cause of action they were bringing against you, it's possible you would succeed in impeaching the witness but ultimately the courts do what they want.

    While point 4 makes sense, it likely won't happen either. I plan on making this argument when…you'll have to wait for the video:)

    Again all of these points made in the above post are excellent for exposing the system for the extortion racket that our present court system is, and it's possible one could overturn a conviction on appeal if enough of their shenanigans are documented.

    Then again, the appellate court is part of the same racket.

    LPViper, read Adventures in Legal Land.

  • Brad

    Smiles;

    This set of argumentation was put to a friend who is a judge (relinquishing that post soon).

    He said; those are "good" arguments. I have nothing else to say on the subject.

    Read

    http://www.scribd.com/doc/6358032/AntiGovernment-

    useful read by Pro Tyranny sources.

    It is my estimation that

    1. the "free state" movement is premature

    2. A FREE COUNTY is what we need, and expand from there.

  • Lpviper

    I agree. Liberty begins at sheriff. But it would be difficult to get folks excited about the 'Free Cheshire County Project' or some such.

    Given that, a free state movement was a good choice

  • Alex FM

    Good luck, Jesse.

    In my opinion, you have been doing a good job taking the necessary jabs at government, and usually coming out reasonably unscathed.

    This one might prove to be a bit more challenging, but only time will tell. Most likely, they won't overreact to this. They'll probably try to verbally admonish you for non compliance, and then most likely just give you a slap on the wrist.

    I doubt they'll make any concerted effort whatsoever to even bother coming after you, so I don't think you have to be looking over your shoulder every minute of every day. I would stay away from driving cars though (even if you don't have one). Traffic ticket stops is usually when they bag people.