Heroic activist, blogger, entrepreneur, and Free State Project participant James Cleaveland was sentenced in Judge Burke’s courtroom in Keene, New Hampshire for the charges of “disorderly conduct” and “resisting arrest”. His charges stem from a June 30th incident in which James was video recording police. According to officer accounts, James was ordered to move back from an “active scene,” and he complied. After complying with the first officer’s request, a different officer demanded he move back further. He refused and was arrested.
The allegation by police is that James’ refusal to move when ordered is what resulted in his “disorderly conduct” charge, and the physical movement of his recording arm when arrested is what resulted in a “resisting arrest” charge. Both charges are Class A Misdemeanors that are each punishable by up to 1 year in jail and $1000 in fines. On December 30, 2014, Judge Burke found James guilty of both charges in Cheshire County District Court. Yesterday Judge Burke sentenced James to 1 and a half years in jail, suspended on the condition of “good behavior,” plus $625 in fines. James has decided to appeal this decision to Superior Court. A date is not yet set for the new trial.
Here is video from the first trial of James Cleaveland, in which he defends himself “pro se.”
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Should James appeal to a jury trial or a “bench” trial (just a judge)? Which do you think would give him a better chance of being found “Not Guilty”? I think he should appeal to a jury and represent himself rather than hire a lawyer, since the public will connect with him better. He’s a likable guy who is gentle and soft-spoken, and he’s clearly in the right here. I can’t imagine the public has the stomach for *another* arrest over recording police. By now recording is a well-established in the mind of the public.
This is not about recording the police, this is about a douchebag refusing to follow a lawful order. Too bad Burke didn’t send the retard to jail, because he certainly deserves it.
It wasnt lawful. It may be legal but it isnt lawful. Police cant just order people around. The Police and judges involved could be sued one day and if they think their masters can save them from that they are delusional.
what exactly was unlawful about being ordered to move back?
What exactly was lawful about it?
is that the best you have to try and answer me? it was a legal order imposed for his own safety since he didn’t realize the danger at the time. akin to drunk driving laws. now since you’re involved, would you like to tell us what was unlawful about it?
The one bringing charges bears the burden of proof, so I think one of the elements of this “crime” alleged is that this is a “lawful order”. Logically, one would have to prove the order was a “lawful order” to prove the charge. What is unlawful about the order? Maybe nothing. Does that mean it is a lawful order? I mean, why couldn’t I or you or anyone else go around ordering people around. There’s no law against it. Does that mean it is a “lawful order” necessarily? If I order pancakes at Denny’s there’s nothing particularly illegal about making… Read more »
Ok, I looked up the scripture. http://gencourt.state.nh.us/rsa/html/lxii/644/644-2.htm IV. (a) Whenever a peace officer has probable cause to believe that a serious threat to the public health or safety is created by a flood, storm, fire, earthquake, explosion, riot, ongoing criminal activity that poses a risk of bodily injury, or other disaster, the officer may close the area where the threat exists and the adjacent area necessary to control the threat or to prevent its spread, for the duration of the threat, until related law enforcement, fire, and emergency medical service operations are complete, by means of ropes, markers, uniformed emergency… Read more »
by this, it is my understanding he did violate a lawful order given to him for his own safety. am i wrong?
This statute is part of the cannon of Statist religious scripture and as such it is an article of faith. Is the guy in the costume a “peace officer”? What actual evidence was presented? Why is his conclusory statement “proof” any more than if James stated under oath “I am the King of this realm?” Would we let James testify to that and then declare himself immune by virtue of “sovereign immunity”? What if he wore a crown? But we let a guy in magic jewelry/costume just declaring his “authority”? Why should we presume this code applies to James as… Read more »
“Violent greedy behavior” in telling him to step back for his own safety? reaching to far right now.
“But we let a guy in magic jewelry/costume just declaring his “authority”?” Come on, you’re not that obtuse and deliberately misleading in your argumentation are you? Are you honestly stating that you believe the police officer simply declared his own authority one day? That’s the main flaw in your messaging, you (typical collectivist, grouping you radical awesome individuals) speak and act as if “the state” magically appeared one day because those who work in and represent it willed it to be for their own selfish and nefarious purposes. I know you like to call them sheeple and slaves, but people… Read more »
You’re correct George. Selfishness preceded the state. But that’s precisely why the state itself has become the odious institution that it has. Because selfish people are employed by it. The state has power and authority, so that makes it an excellent vocation for selfish people to achieve success. In what way would you expect this to come about any differently? It’s not like there are many people with the power and/or strategic positioning to stop them. And the few that have that power just join in the plundering. Why fight them, when you can just join them and enjoy the… Read more »
I’m not pro-state Drac, I’m anti-them. Childish, disrespectful and, ultimately, counter-productive, just like them.
are you really trying to stretch here that far? ordering waffles from denny’s and a man with a gun that is suicidal are completely different. but you did admit that order was not unlawful and so your argument is moot.
The cops, according to the prosecutor, ordered him “to leave”. That is not a lawful order. This guy has the right to film the cops, as long as he doesn’t “interfere” with an investigation. His mere presence doesn’t fit that description.
Yeah it is, actually. This guy has no right to “film” cops in the middle of a law enforcement action, especially when it is deemed by the police that he is interfering with them.
James The Retard doesn’t get to make the determination on his own whether he is interfering or not. The cop told him to move, he didn’t, and the rest is history.
I open carry in case your verbal insults become physical. Then you’re a rabid human because I like dogs.
Cool, I conceal carry to get a tactical edge on morons who broadcast they’re armed by open carrying.
I would have you down in a sleeper hold and disarmed in a heartbeat, pantywaist. You freetards all talk tough, but that’s where it ends – just talk.
So sorry Sammy, you’re wrong. The supreme court has ruled that citizens have the right to film public officials in the performance of their public duty, so long as they don’t ‘interfere in such action. This guy was arrested for contempt of cop, not for interfering with an investigation.
interfere could also being taking up their time with his dumbass antics while they are trying to deal with a more serious situation.
also was he told to leave completely or just an area that put him in danger?
Gary … shut the fuck up, you moron. How about you call upstairs to your Mom and see if dinner is ready for you?
I’ve been viewing this from the perspective of why Cleaveland needed to be arrested in the first place. His only action that precipitated the police to approach at all was his recording of a police investigation following the phone call of a suicide complainant. If a suicide risk was imminent, why were police more concerned with the peaceful actions of a single independent journalist? Shouldn’t the suicidal individual’s own safety have taken priority? And if the police were in any way concerned with Cleaveland’s proximity to this debacle, why the arrest after he was determined to be harmless? Once the… Read more »
Better chance w/ jury or judge? Who knows, hard to say? Spending money on a lawyer would be a huge waste unless you have lots of extra money to burn laying around. James did pretty well at trial so it would be tough for a lawyer to really do much better in the trial portion. Where James could have done better in my opinion would have been in the pre trial discovery. Challenge whether there is evidence that any of their codes actually apply to anyone like Marc Stevens says. Challenge corpus delicti, jurisdiction. Also would say James could go… Read more »
jurors are usually government or union workers who slavishly worship the state. Chose the jury trial, if only to cost the bad guys as much time and resources as possible.
follow the Danish model of resistance
What a rigged system. Even if guilty of these, which he is not, there is no way jail time should be given , let alone one year. How do you guys not ostracize that disgrace of a prosecutor while in public. You shouldn’t give that ugly thing , the time of day.
I will continue to model good behavior for Jean Kilham (the female prosecutor) by opening doors for her, smiling, and making polite conversation. Just because she ruins my friends’ lives does not mean I should stoop to her level. On the contrary, her behavior indicates to me a lack of positive role models, and so it is even more important to be nice.
Your behavior indicates to me a lack of good parenting, premature toilet-training and mental illness.
Please post a picture of your mother so we can judge what you think is ugly. Better still, how about posting a photo of your sister/wife? I’ll bet she’s a real looker.
How do a handful of pariahs ostracize a respected member of the community? Just curious…
A good point, George. But it’s not as if you or Sammy have made any head-road here yourself. Do you really believe that daily postings on this one blog, postings whose only relevant content is naughty language and half-baked mockery, has dissuaded pro-liberty activism in New Hampshire in any meaningful way? Are ungainly attempts at lampooning really all that you have? Such ineptitude you’ve shown! When I was a child and the Soviets entered Budapest, at least they had tanks to bolster their demands. All you bring to your readers is the mental image of a wagging finger, a dull-eyed… Read more »
Drac, I don’t give a shit about any of these people and I enjoy trolling them. They act like obnoxious children and disrupt a community, I’m simply returning the favor. I have no interest in engaging them on an intellectual level for the same reason I don’t want to debate flat-earthers, creationists and birthers. I find the whole notion of flooding a state with transplants with the intention of hijacking the political structure and balance that’s been shaped by generations of people over hundreds of years nauseating. And all because your beliefs are so fringe you get even can’t one… Read more »
a year and half in jail costs them $150,000k. what a victory ! take the jail time after of course wasting their resources on appeals etc
Oh, that money wouldn’t be wasted. It is a great investment by the community, keeping one of the cultists off the streets for 1.5 years. And it’s no where near that expensive, not cheap but well worth it. Shit, we’ll add a special line item to the budget to imprison all of the free keene idiots if that’s what you’d like. Money very well spent if we get to jail Bernard, Cantwell, Ean, etc.
[…] the video of which can be seen here, and was found guilty. District court judge Edward J Burke sentenced him to 1.5 years in jail, suspended, plus a $625 fine. After sentencing, James opted for his right to a […]
[…] is his right, James appealed the two class-A misdemeanor charges to a jury trial, even though the sentence from Burke was suspended on condition of good behavior. Ultimately James said he was glad he went to jury […]
[…] is his right, James appealed the two class-A misdemeanor charges to a jury trial, even though the sentence from Burke was suspended on condition of good behavior. Ultimately James said he was glad he went to jury […]
[…] is his right, James appealed the two class-A misdemeanor charges to a jury trial, even though the sentence from Burke was suspended on condition of good behavior. Ultimately James said he was glad he went to jury […]
[…] the video of which can be seen here, and was found guilty. District court judge Edward J Burke sentenced him to 1.5 years in jail, suspended, plus a $625 fine. After sentencing, James opted for his right to a […]
[…] is his right, James appealed the two class-A misdemeanor charges to a jury trial, even though the sentence from Burke was suspended on condition of good behavior. Ultimately James said he was glad he went to jury […]