Protect Yourself From Keene District Court Judge Edward Burke, Require Him To Write About Causing Ademo Freeman’s Illegal Arrest

April 9, 2012 by Bradley Jardis
Filed under: Corruption, Court, How to, Issues

LAST REVISION – 05/02/12

Nowhere in the Federalist Papers or New Hampshire’s own historic documents did I ever read that one of the powers the various founders of government intended be vested in government officials was the ability to imprison people for asking polite and respectful questions. Unfortunately for all good judges in New Hampshire (and I’ve seen quite a few), Judge Burke got caught on camera lying to have that done.

If I were to be standing trial for something civil or criminal in Keene, NH and Judge Edward Burke were assigned to my case, I would have serious questions about his ability to be fair and impartial.

I am not a lawyer, so this shouldn’t be viewed as legal advice. I’d ask you please view this as a suggestion on how I would protect my own rights from an enormously powerful government official.

SAMPLE INSTRUCTIONS / MOTIONS

PRE-TRIAL: Please follow these instructions to attempt to legally require Judge Burke to recuse himself from your case. Note I’ve made everything annoying green that you should make sure you adjust for your respective case. Of course you should feel free to change anything you’d like as it will be your case.

1. Watch this video.

2. Sign this online petition.

3. If you get charged by the police with violating the law and the summons (pink slip) only has a fine on it, plea not guilty and mail it to the Department of Safety immediately. When you get your notice of trial date, download this “Motion For Recusal” and modify it to fit your particular case. Once you complete it, mail without delay to both the Court and police department.

4. If you get arrested by the police and are given an arraignment date in the Keene District Court, appear as ordered with this “Motion For Recusal” that you should modify to fit your particular case. When you arrive at the Court, file the paperwork with the Clerk’s office before you enter the courtroom.

5. Hopefully, the Judge will recuse himself from your case. If not, proceed to #6.

6. Make a verbal motion that Judge Burke reconsider his order denying your written “Motion For Recusal.”

POST-TRIAL: It is highly unlikely that Judge Burke would be thrilled with numerous litigants in his court presenting him with numerous motions that he recuse himself. It is safe to presume that the Judge will deny your motion.

Circuit Court Rule 1.8-A (H) does require that Judge Burke state the written reasons for why he refuses your motion to recuse:

H. All grounds for recusal that are known or should reasonably be known prior to trial or hearing shall be incorporated in a written motion for recusal and filed promptly with the Court. Grounds for recusal that first become apparent at the time of or during the hearing shall be immediately brought to the attention of the judge. Failure to raise a ground for recusal shall constitute a waiver as specified herein of the right to request recusal on such ground. If a record of the proceedings is not available, the trial judge shall make a record of the request, the Court’s findings, and its order. The Court’s ruling on the motion shall issue promptly. If the motion is denied, the Court’s ruling shall be supported by findings of fact with respect to the allegations contained in the motion.

The Judge’s written explanation will be very important to your appeal… and can surely be used to help other individuals attempt to lawfully force his recusal as well, so please feel free to share it with me.

Please follow these instructions to appeal Judge Burke’s denial of your “Motion To Recuse” to the New Hampshire Supreme Court:

6. Here is a sample denial of the above “Motion To Recuse” issued by Judge Burke.

7. Here is a sample “Motion To Reconsider” response to the sample denial of the “Motion To Recuse” issued by Judge Burke.

8. Here is a sample denial of the “Motion To Reconsider.”

9. Here is a sample “Motion To Stay Proceedings for Interlocutory Appeal.”

10. Here is a sample “Objection to Stay Proceedings for Interlocutory Appeal” from the state.

-/-

I welcome all anonymous lawyers who read here to offer me their full criticism and advice on things I could add/subtract/change to make this legal argument more effective.

http://www.facebook.com/people/Richard-Bauman/100001124807826 Richard Bauman

“I believe another way to describe “convey(ing) objectively false information” is to use the single word “lie.”
- http://www.FreeKeene.com/ Bradley Jardis
  
  Richard,
  
  Considering this is a pleading, isn’t it okay to express a personal opinion?
http://profile.yahoo.com/YI2Y7DGBVGM5YVATTNEBQBNSMI paulog

1) You made a VERY sloppy mistake. Read what you wrote: “His Honor should not
recuse himself pursuant to Circuit Court Rule 1.8-A”. What you wanted to write was probably something in the lines of “His Honor should not deny this motion summarily pursuant…”

2) If you make a lot of people present a “standard” motion for recusal, don’t you think he will just carefully prepare a “standard” denial? And then if the NH supreme court receives the dozens of appeals, all with the same motion, on the same grounds, with the same response, won’t they just consolidate it in a single case an quickly dispose of it?

3) If you want this to have any impact, do some research on the precedent. If you don’t put any case law, but just an “argument”, the prosecution and the judge will take about 10 seconds dealing with your motion in each case. The enumeration of his allegedly past miscarriages of justice look good on paper to your personal satisfaction, but won’t carry much wait with a superior court. If, however, you can show precedent that a defendant who is making a campaign to impeach a judge has grounds to ask for his refusal, then you may have a chance. But do some homework, for Pete’s sake.

4) My gut feeling is that the refusal to recuse will be very simple: “you showed you are in campaign against me, but you haven’t shown I give a rat’s ass. If all defendants could use your argument, all they would have to do is start some campaign against the judges they don’t want, and they would just pick the magistrates of their preference.” But I don’t know the precedent, so this is just a guess.
- http://www.facebook.com/profile.php?id=100001841020833 Bradley Jardis
  
  Paulog,
  
  Awesome points, thank you. As soon as I get home I will make some of the changes you suggested. I personally don’t like delving into case law because it is hard for normal people who don’t speak state to understand.
  
  I agree some of my stuff is sloppy, my defense is that I’m not a lawyer and that I write most of these things on my BlackBerry.
  
  4) My gut feeling is that the refusal to recuse will be very simple:
  “you showed you are in campaign against me, but you haven’t shown I give a rat’s ass. If all defendants could use your argument, all they would
  have to do is start some campaign against the judges they don’t want,
  and they would just pick the magistrates of their preference.” But I don’t know the precedent, so this is just a guess.
  
  The response to that is those judges are not on video lying to have an innocent man imprisoned.
  
  This is largely about outreach,too. I actually got a call from a gentleman who lives in North Hampton, NH. He said “is this stuff really happening???”
  
  People are watching.
  
  Richard Bauman,
  
  You said:
  
  Actually, that is wrong. A “lie” is “subjectively false information” not “objectively false information”. It has to do with intent.
  
  I think his intent from the beginning was to lie, that is why he turned around and made sure the bailiffs would make the arrest by saying “that’s a criminal offense.”
  
  I vehemently disagree with the County Attorney’s characterization of what happened. I also was told today that there may be an interpersonal conflict between the County Attorney and Judge Burke.
  
  Having this legally investigated before the statue of limitations expires is now on the agenda.
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