Keene Police Called “Draconian” in Union Leader Update Piece on Heika
From the Union Leader’s Melanie Plenda:
A woman arrested while topless in downtown Keene last week was arrested again Tuesday, this time clothed, for protesting outside Keene District Court.
Heika Courser, 26, formerly of Richmond and currently listed as residing at 20 Forest St. in Keene, was charged with common law criminal contempt and obstructing government administration.
Courser was one of about 15 people standing on the sidewalk in front of the courthouse about 10:30 a.m. protesting a hearing for fellow Free Keene member Richard Paul.
Police Lt. Darryl Madden said Courser was arrested for “yelling” into a bullhorn, causing ruckus that led Keene District Court Judge Edward Burke to recess court.
Courser and Paul were two of seven people arrested last week in Central Square on charges of drinking in public. Courser was reportedly topless while an artist applied paint to her breasts. Courser was arrested, not for being topless, which is legal in Keene, but on charges of having an open container of alcohol and resisting arrest.
Paul, 41, of Manchester, was also arrested on charges of obstructing government administration and disorderly conduct in blocking a police cruiser from leaving the area.
After Tuesday’s incident, Courser was held overnight in the Cheshire County jail and arraigned at 9 a.m. yesterday, where she accepted a plea agreement. In exchange for pleading guilty to two open-container charges and resisting arrest from last week and the contempt and obstruction charge from Tuesday, she received 180 days of suspended jail time and two years probation.
“I accepted the plea because they would not allow me to communicate with my friends,” she wrote. “(My friends) were about to pay the $500 cash bail, but I had no way of knowing that, and after spending one night in (jail), I was not going back! It’s as bad as they say!”
In another e-mail she also said if she wasn’t free and at work today, she would lose her job.
The judge presiding yesterday was Howard B. Lane and not Burke.
Madden said Courser “can exercise her First Amendment right to free speech until it disrupts the peace of the business going on in the area.”
After Burke recessed court Tuesday, he asked police prosecutor Eliezer Rivera to call police to have the protestors moved.
Protestors at the scene and Courser said she was never asked to stop making noise; she was just arrested as soon as police arrived.
“When I was arrested for protesting outside of the court, the officer simply said I was breaking my bail conditions,” Courser wrote in an e-mail yesterday to the New Hampshire Union Leader.
This was not the only incident involving the Free Keene protestors this week.
On Monday, protesters were ejected from an arraignment hearing for Paul, said Free Keene activist Sam Dodson.
“They wouldn’t stand for the judge when he came in, but they stood up for Rich Paul,” Dodson said. “So they were kicked out of a public hearing.”
That night, Dodson said, the protestors held a candlelight vigil outside Judge Burke’s home. Dodson said it was a peaceful gathering.
Tuesday, the group gathered outside the courthouse.
In a video posted online by the protesters, Keene police, who can barely be heard over a lawn mower, appear to be asking protestors to leave. One officer also attempts to confiscate the bullhorn, which another woman, not Courser, holds.
She refuses to give him the bullhorn until Rivera threatens to charge her with a felony if she doesn’t turn it over. He can be heard telling her it is evidence.
Burke declined comment through a spokesman for New Hampshire Courts, Laura Kiernan, and referred reporters to the Keene Police Department.
John Greabe, a visiting law professor at Franklin Pierce Law School and constitutional law expert, said First Amendment law is a sticky area. In general, government can legally determine the reasonable time, place and manner of speech as long as a reasonable alternative for that speech exists. And police can ask protesters to quiet down if they are being disruptive.
“If she was in fact arrested without being told to stop (being disruptive),” Greabe said, “I’d have to say that’s pretty draconian.”
Comments
24 Comments on Keene Police Called “Draconian” in Union Leader Update Piece on Heika
Wow, I was not aware that she was not asked first. That really is outrageous. Even if the bullhorn had been loud to the point of bothering local businesses/residents, which I’m unsure of (it may have only been bothering the judge), she should have been informed of any complaint, and asked to quiet down, long before being arrested.
130+ reasons to move to keene:
. . .
Keene’s Challenges
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8. Keene Police labeled “pretty draconian” by constitutional law expert at Franklin Pierce Law School.
Paul – Not to mention that police arrived after the megaphone use had already stopped, and then stole a bull horn in the vicinity by threatening Monica with a felony if she didn’t turn over the bullhorn. Rivera had no evidence or facts that support that specific bullhorn was used.
With “Judge” Edward J. Burke doing “double-duty”, why do we need Keene Police Persecutor Eliezer Rivera? With Keene “Police Persecutor” Eliezer Rivera doing “double-duty”, why do we need judge Edward J. Burke? Why not get Keene Police Corporal/Chief Kenny “LiL kEn” Meola to appoint ALL KEENE COPS as “Police Persecutors”, and just arrest, charge, try, and convict ‘em in one swell foop???…The biggest problem with the small-town corruption that we have here in Keene, is that it leads to a lack of excellence. It tells the city-cops-n-courts game players that they can get away with increasingly sloppy & bad police/law enforcement work. It’s just plain BAD GOVERNMENT, folks. That’s all. That judge Burke was/is on the Board of Directors of Monadnock Family Services, before they got the exclusive contract for “Mental Health Court” services???….mebbe later, ok?…does “equal protection before the law” mean NOTHING???…apparently so. apparently so. a-parent(no parents)ly so…kids, kids, kids…
UM, wasn’t that a >City of Keene employee< who was operating the lawnmower which anybody can hear in the video posted on this site? The one which even Union Leader Reporter Melanie Plenda mentions? Hey, I said once that she WAS a "hack reporter", not that she IS a hack reporter…Does the fact that Keene District Court / State of NH, was granted a $53,000 break in rent affect things? Granted a break by the Keene City Council, which holds it's meetings in the Courtroom? Or is it the Court which holds it's IMPARTIAL TRIALS in the KEENE CITY COUNCIL's meeting room??? Is NO SEPARATION OF INTERESTS the same as CONFLICT OF INTERESTS? Hey, why can't we all just get along? We ARE all FEDERAL, aren't we? Well, aren't we?
It is unfortunate that Heika accepted the plea deal. Aside from not being able to challenge the charges/validity of the law, I suspect she will now have to watch what she does very carefully or face probation violations/jail time. The KPD will likely see her as an easy target, knowing that they don’t have to make much of a case to get her on probation violations, which might include being associated with other “troublemakers” and being “in contact with the police”. However, I understand not wanting to stay in jail!
From a strictly statutory standpoint, the disorderly conduct law does not require you be told to stop your disorderly behavior.
It simply enhances the penalty from a violation to a misdemeanor if you do not.
You’re right, T.J. Two years is just absurd and nothing more than a sneaky way to ensnare activists, if not controlling their behavior outright. What they forget is that their model is a failed one because it refuses to adapt and simply can’t be used with any measure of success against peaceful people.
Liberty activists *do adapt*, that is their strong suit. It is also why they will triumph over the same old gooberment ploys.
So let me get this straight. Burke goes to Eli and says “take care of those people outside” (likely the same people that ‘dishonored’ him by not standing) and *poof* the KPD arrest her right away for Violation of Bail Conditions. Seems like there was a combo of pre-planning amongst the KPD and possible collusion between Burke and Eli? Seems like its bad form for a sitting judge to be working with the KPD. Isn’t he supposed to be above that, or at least appear to be above it by going to Lance (a AOC employee) and say “my courtroom is being ‘disrupted’ please do something about it.” That way Burke keeps his hands clean from actually using the police.
I think it would have been well within Ed’s “legal” authority to send court security officers outside to request the protesters quiet down. If they refused, I think Ed could have authorized his CSO’s to bring the people before him for a contempt hearing.
There is of course this very strange law:
594:11 Judge’s Order to Arrest. – Any justice of any court, upon view of a breach of the peace or other transgression of the law proper for his cognizance, or if necessary for the preservation of the peace, may command any officer or other person to arrest, bring before him, and detain the offender, until complaint can be made against him.
I think this law violates the 13th Amendment insofar as it requires an “other person” to do something…. involuntary servitude.
I think this law also violates the separation of powers structure of the government as it seems to allow the judicial branch to require the executive branch charge someone with a crime.
Not like the Constitution means anything… I’m sorry for even bringing it up.
Not like the Constitution means anything… I’m sorry for even bringing it up.
#
Bradley Jardis on Thu, 29th Jul 2010 7:20 pm /// You’re right. To these people, the US Constitution means NOTHING. I for one, am very glad you brought it up. Just send Guv’nor Lynch’s office your notice of Full Exercise of Rights Under Article X, NH Constitution, & you should be good to go. Maybe only “go Federal”, but at least you’re free of all this petty NH B.S.
Quoting Bradley Jardis:
There is of course this very strange law:594:11 Judge’s Order to Arrest. – Any justice of any court, upon view of a breach of the peace or other transgression of the law proper for his cognizance, or if necessary for the preservation of the peace, may command any officer or other person to arrest, bring before him, and detain the offender, until complaint can be made against him.
I think this law violates the 13th Amendment insofar as it requires an “other person” to do something…. involuntary servitude.
I think this law also violates the separation of powers structure of the government as it seems to allow the judicial branch to require the executive branch charge someone with a crime.
Not like the Constitution means anything… I’m sorry for even bringing it up.
I would disagree with you Brad in that law doesn’t require the Executive to charge anyone. The law merely says the police have to hold someone pursuant to an order by the judge so that a complaint can be made out against the person. The statute doesn’t specify who will make out the complaint, just that a complaint will be made out. In NH there is no law stating who can or cannot make out complaints. In the end the County Attorney or AG could always null prosse it.
The statute doesn’t specify who will make out the complaint, just that a complaint will be made out. In NH there is no law stating who can or cannot make out complaints.
Who can file complaints in court? Not the court. Only the executive. A common law contempt proceeding is not initiated by a “complaint.”
The judiciary cannot require that a complaint be made… even if the intent is for its dismissal. The legislature cannot require that the executive charge anyone with anything, either.
Smell what I’m stepping in?
Again… the Constitution is about as worthless as tits on a bull 
As written in RSA 594:11, “or other person” could be construed to include a 10yr old, unless “other person” is elsewhere defined, as used in this specific statute. Thus, it is unreasonably vague, and therefore unconstitutional, & therefore null & void. Ain’t Law School fun???…And, given that there is a lawnmower in the background, how does Burky-werky know it wasn’t that, he was hearing, & not the bullhorn? – OH! WAIT! I remember, judge burke can do whatever the hell he wants. he’s a NHJUDGE, doncha’ know, & they can do whatever the hell they want, law be damned…Judge covers for Eli, Eli covers for judge, NH PubDef is in on it – payola – and wha’ chew gon’ dew, BOY??? Remember, if the Keene City Council hadn’t waived the State’s payment of $53,000.ooRENT, Lynch woulda’ moved KeeneDistrict to JAFFREY, so Burke is getting his courtroom rentFREE…& Eli is running for Cheshire County Sheriff this Fall???…???…OH! WAIT! Eli had a “sects” change recently. He’s an OBAMA DEM, now! (Seriously. Rivera even put up his own OBAMA website. Or so local media reported…at least we’re not talking about Heika…
I think constitutional arguments are worth mentioning. The government basically ignores it at this point, but there are still people for whom the constitution is influential.
Another reason to move to Keene.
Move there in more numbers.
In short time, the police will understand that America stands for freedom.
Keep it up even more and the law will be in your hands.
George Vreeland Hill
To bad heika folded immediately huh? I guess she’s out of the game.
screw you, thomsteele. she might be “in the showers”, “on the bench”, or even “off the team”, but Heika is still “IN THE GAME”, until and unless she herself says otherwise. Obviously, she was threatened and intimidated by BULLY-WITH-A-BADGE-GUN-&NO LAW DEGREE Rivera, & Burke the Jerk. /// Heika, YOU GOT GAME, GIRL! YOU GO GIRL! WOO-HOO! HEIKA RULES! You’re “freekeene’s ” LATEST MARTYR! …->(Are you even BEGINNING to see how stupid & evil your little bully-games are, Rivera???…”You keep adding to my numbers, as you shoot my people down”….You’re one of freekeenes BEST RECRUITING TOOLS, Rivera. Maybe the City Council & your Chief are beginning to “get that”…Why don’t you swim your wet-back ass back to Puerto Rico, or where ever the hell you came from, before you began inflicting your mean-eyed little bullshit games on the good little white-bread people of Keene? You only continue to give good Hispanic/Latino folks a bad name. Why don’t you show the Public a report from the “Governors’ Commission on Latino Affairs”???…Didn’t think so. SOME OF US can smell your bullshit from 10 miles away…jeezumcrow.
To bad heika folded immediately huh? I guess she’s out of the game.
On the contrary, I think Heika is a heroic freedom activist.
She did what she had to do to maintain her life. She has a job, she has commitments.
It is hard/impossible for most people to take on the state in a full-time manner.
I remember reading someone posting here on FK about how they don’t have a job and that they’re moving here to engage in liberty activism. They posted that as they don’t have a job yet, they’re willing to go to jail full-time for the immediate future.
Heroic people like that, with little to no ties, are going to make a BIG difference in the fight against state tyranny.
A blonde woman was speeding down the road in her little red sports car and was pulled over by a woman police officer (also a blonde). The cop asked to see the blonde’s driver’s license. She dug through her purse and was getting progressively more agitated. “What does it look like?” she finally asked. The policewoman replied, “It’s square and it has your picture on it.” The driver finally found a square mirror, looked at it, and handed it to the policewoman. “Here it is,” she said. The blonde officer looked at the mirror, then handed it back saying, “Okay, you can go. I didn’t realize you were a cop. /(& you still don’t realize I’m a mirror…
draconian …. yes
keep up the good work keeniacs
i feel bad for what the keenestone kops did to the girl
good posts guys
Nice to see that nobody has rebuked KEENENATIVE for calling Rivera a “wet-back”, AKA a RACIAL SLUR directed at Hispanics.
Proper debate is about ideas KEENENATIVE. Debate the idea, the action, but when you start throwing out words like wet-back or some of its other relatives like: gook, nigger, honky, wop, mick, kike, chink, etc. – you’ve lost the argument no matter what side you are on. Of course if you are a KEENENATIVE, you’ve most likely never really experienced much outside of Cheshire County, have you? Go to Lowell, South Bronx and start throwing the word “wet-back” around (but make sure you have your funeral plans cemented beforehand)
For my part, although he sometimes says good things, to be honest I don’t read all of KN’s (aka KofK’s?) posts that closely.
I also actually didn’t know that was a racial slur.
But I agree that racist slurs have no place in thoughtful discussion/debate.
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