RAW VIDEOS: Activist Kurt Hoffman Arrested for Contempt of Court / EMS Camera Crackdown & Theft

October 2, 2009 by Ian
Filed under: Corruption, Personal Freedom, Police, Thuggery, Video

Recorded as it happened and unedited. The jumps in the beginning are me hitting the pause button on the camera. Kurt was sentenced to 180 days in jail for attempting to converse with Edward Burke, the robed man calling himself a judge.

Here is the audio file of him being held in contempt.

Cheshire sheriffs demand we not record as Kurt Hoffman who minutes before was incapacitated by Eli Rivera, Keene PD’s prosecutor, is wheeled out from Keene District Court on a stretcher. They claim some words on paper called “HIPA” prevent the “free press” from recording people receiving medical care, even if the recipient requests cameras present:

Did you know that EMS workers are also now enforcers of some arbitrary words on paper called “HIPA”? (I didn’t – I thought they were good people who do their best to help. Guess that’s not true of all of them.) EMS workers and sheriffs claim that “HIPA” allows them to prevent you from recording video of what they do with patients. Apparently it doesn’t matter what the patient wants. Watch as this thug steals my camera. I then spent over an hour of my time waiting around to get it back. Watch for another angle and longer video coming from ObscuredTruth.com soon here at FreeKeene.com

http://webryders.net nick

Ian,

From what I understand, a patient can allow himself to be videotaped and photographed. I haven't done much research into HIPAA besides talking to someone who knows about it. You were absolutely right when you said that in court.

They just don't know.
http://freetalklive.com/ Ian

A cop claimed that they can only give written consent. What a fucking joke. As though Curt would be able to do that.

And fuck that HIPA bullshit anyway – I'm in public, I'm going to record the scene. HIPA's just more words on paper.
http://libertyactivism.info bile

JailedActivist.info appropriately updated with all currently available information: http://jailedactivist.info/activists/kurt-hoffman…
http://webryders.net nick

From all I can find, HIPAA applies within hospitals. Not in public.

http://www.rtnda.org/pages/media_items/rtndas-gui…

Q. Can a hospital prohibit reporters from taking photos or video under HIPAA?

A. The general rule applies that hospitals have no right to restrict photographers who are on public property from taking photos. There may be rules that prevent the taking of still pictures or video within a hospital, but photographers would not be liable under HIPAA for doing so.
jzacker

HIPAA was put in place to protect patient information. Basically, if you accidentally (or on purpose) allow someone's private medical information to be released, you might have to pay damages, even without negligence.

Its just a regulation that protects peoples private medical records.

HIPAA also applies to people in custody. The medical records of Inmates/prisoners/detainees are protected by HIPAA. The jail/prison CANNOT release medical information about inmates without a signed release form. Even though your tax dollars go towards paying for the medical care in prison, you don't have a right to know what specific medical treatment is being provided.

Most inmates in prison sign a HIPAA waiver so their loved ones can get information on them, especially if there is a problem (like a stabbing), and the inmate is unconscious.

I know of no law that prevents videotaping a patient being put into an ambulance. Although, if it was a child, I might see a reason to keep the cameras away. Also sometimes it might be necessary to remove a person's clothes, especially for injuries to the lower part of the body. Videotaping that might be prohibited for different reasons. Videotaping rape victims might also be prohibited.
Mandrik

Kurt said he has no money–is there anything we can do to help? Chip In or something? Please let us know. I'm assuming this will be on Free Talk Live tonight (right now, I guess. I never listen live).

Thank you. This is such an awful thing to watch & listen to.
http://ringingliberty.com Paul

What a bunch of sick, violent individuals.
Jeff

What the FUCK!? I eagerly await the day these statist pukes have to actually work for aliving without the shield of mommy government's apron to hide behind.
charley hardman

some animals more equal than others. sick. psychotic edward burke and his obedience-fetishist goons should be caged until they indicate abandonment of sociopathy. fuck them all.

straight up, kurt. speak as what you are. powerful.
KBCraig

Regarding HIPAA and journalism:

My BA-Journalism will turn 24 in December, and I never worked professionally in the field, so I did some quick brushing up.

It turns out that journalism law is the same now as it was in 1983, when I took a J-law course. Now, as then, it’s a “closed door” rule: when the doors close, whether the hospital doors or ambulance doors, anything that takes place beyond that point is off limits for photography or video or audio without specific permission of the subject and anyone else who might be identifiable, even unintentionally.

HIPAA’s privacy rules only apply to “health information”, which means information “created or received by a health care provider, health plan, public health authority, employer, life insurer, school or university, or health care clearinghouse”.

The law only applies to “covered entities”, not to anyone else. Those entities have no enforcement authority over private individuals, other than booting them out under trespass laws. They’re not even liable for the actions of third parties, but their lawyers are terrified of being sued, because the HIPAA fines are so high ($50,000 per occurrence).

In short: that EMT was full of BS, and committed robbery against Ian.
LSNL

Are there no officers up there that will protect the press from theft, assault, and false imprisonment?

It maybe a good idea to have signed release forms for everyone involved before the next situation the press attempts to cover… Plus, perhaps a copy of the law. They may be ignorant, and they may be willfully violating you, but perhaps the perception of proof of a law may be enough to keep some of these bastards from aggressing against you.

Did I understand correctly that a non-police officer just forced one of you in, or out, of a room, and in another circumstance, stole your property? I hope you pursue charges. I realize it’s easily suggested, and perhaps against your principles, but have any of you reporters considered arming yourselves with pepper spray, or a taser?

I’m not as naive as my comments may make me out to sound. I don’t believe these people will respect their own laws, or that their system will check them.. However, they’re apparently not hindered by conscience, and their not held accountable by law.. right now. Perhaps they never will be, but it might be worth a shot. ANY accountability for their aggressions may give them pause. As of right now, they show no signs of respecting their own laws, or human decency, and they violate without care.
Abbie

@JEFF ditto.
http://nhunderground.com Russell Kanning

Kurt doesn’t make a habit out of hurting others, but the cops do. We know who is initiating and perpetuating the violence in this situation.
Now they are trying to scare Kurt like they did Ian, when he dared play the part of “unfrozen caveman lawyer”. The system demands obedience and wants you to like it. Kurt obviously doesn’t.
Jacob

This is a perversion of the HIPA law being used to prevent filming. Just as the wiretapping laws are perverted for the same reason. Had you been filming inside of the ambulance, or inside of the hospital, (without the patients consent) you may have been in violation. But this was neither of those, and the city of Keene firefighter seemed to be having the same kind of authority trip the cops have. I don't know about Keene, but more and more municipalities are giving firefighters the powers of a "peace" officer, including the power of arrest. (Of course, it would only be for those on the govt dole. EMTs and medics who work for hospitals, nursing homes or private ambulance companies would not get those powers.) I hope that never comes to New Hampshire.

I know its impossible to avoid government interference when working in health care, but I hope I can stick to working for hospitals and other private ambulance services.
wayne

hello my girl friend works at a nursing home .and i play in a band .my band played for the people at the nursing home and there was one guy wanted his pic taken with us so we did .and i put it on my bands site and told who the man was .can some one get in trouble for this .if so the world is going down the tubs .in this Hipa law from what i was reading it is about talking about his health .if there is some where where it says you cant take pics where do i find it