James Cleaveland found NOT GUILTY of “Resisting”; Jury Deadlocked on “Disorderly” 6-6, Mistrial Declared

James Cleaveland Victory 2015!

James Cleaveland After His Court Victory

In a clear victory today, Free State Project early mover James Cleaveland was found not guilty of “resisting arrest” and six of twelve jurors voted not guilty on the “disorderly conduct” charge! Judge John C Kissinger spoke with the attorneys after the verdict and relayed that the jurors were locked 6-6 on the disorderly charge for all five hours of their deliberation. As a result, a mistrial was declared on the “disorderly” charge, meaning it may go to retrial.

Earlier this year in a bench trial for the same charges, Keene district court judge Edward J Burke found James guilty of both counts. As 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 trial, as he’s now been vindicated completely on the “resisting” charge, where state police officer Phillip Gaiser lied, claiming James lunged at him and also stepped back 3-4 steps when he tried to cuff him, a claim that was proven false by the video and audio evidence in the case.

In post-trial comments for Free Keene, James said that the video and audio he recorded was critical to his success. Otherwise it would be several cops’ word versus his word, and jurors generally believe police to be honest. Though it was costly in time, stress, and thousands of dollars in legal fees, James is glad he stood up for the right of free press.

Jury Outreach Activists @ Cheshire Superior Court 2015-12-17

Jury Outreach Activists @ Cheshire Superior Court 2015-12-17

Kissinger allegedly said that James choosing to testify made a good impression on jurors, but that having a larger camera would somehow have given him better credibility. All jurors refused activists’ offers of $60 for a post-trial interview.

This is the biggest jury trial success of any liberty activist thus far tried in New Hampshire. Major thanks to all the stellar activists who braved the cold to hand out NHJury.com trifolds to the jurors and also hold signage reflecting the amount of time James was facing (two years in prison), a detail never allowed to be revealed in a criminal trial.

Full video of the trial is still to come to Free Keene. Stay tuned!

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135 Comments

  1. state police officer Phillip Gaiser lied, Gaiser DIDN’T LIE, in court he’s Under Oath, not file compliant for charges for Perjury and Impeach him. Get him Fired. To Protect and to Server, your tax dollars not at work with Gaiser.

  2. TYPO: now file a compliant for charges for Perjury and Impeach him. Get him Fired. To Protect and to Server, your tax dollars not at work with Gaiser.

  3. When is officer Gaiser’s perjury trial?

  4. I wonder if they will retry him? Most of what was written appeared to be “overly exaggerated”. But I would almost bet he will be standing before a judge again.

  5. I thought you believed in consequences, Jacks? Because of video evidence, Cleaveland was found not guilty by a jury. Cleaveland’s video evidence even verified his original claim that state actors were lying about the specifics of the incident. Isn’t falsifying evidence on a criminal complaint a crime, Jacks? As a consequentialist yourself, shouldn’t you be demanding that criminal consequences be applied to the policeman who falsified what he witnessed on his criminal complaint? Also, assuming Judge Burke had reviewed the same video evidence and rendered a guilty verdict to Cleaveland anyway, do you think that Burke should have to face similar consequences as well?

  6. Bottom line, Cleveland went around the police barricade to childishly film someone killing themself. All for nothing, and that is truly sad. He thought that he was an entitled dirty libertard, and he can do anything he wants. How do you think the family of that person who took his own life feels. Well, I’ll tell you. At that time they reached out to SFK and we’re very upset in the way FK used this as a publicity stunt. Garret Ian, who filmed some of it is now gone from the Keene area like a lot of libertards. You guys are very relevant lately aren’t you. Hey draccc, and flinty, do you still support these fixtures in our society?
    Lol, fucking dumbasses!

  7. A mistrial is a clear victory? You guys sure do some funny things with language.

  8. A jury of 12 just found Judge Burke incompetent , a liar and/or corrupt.

  9. While you were making your argument using your usual appeals to hysteria and exaggeration (instead of in terms of actual moral principles), you neglected to mention that a policeman intentionally lied on a criminal complaint. Why do you still support such disreputable government employees, Bsizzle? Don’t you think it’s unacceptable for a police officer to lie on a criminal complaint, especially when it’s obvious that his intent was to punish Cleaveland – not for breaking the law – but as retaliation for his act of disobedience?

  10. Excellent question. The temperature in hades would need to drop considerably before the state will investigate itself and find any wrong doing. I’ve heard cops are taught how to lie in court, so he was probably just “following orders” , which of course magically absolves him of any personal responsibility.

  11. I’ve often wondered how many licks it takes to get to the middle of a tootsie pop. Maybe we can Judge Burke to make some kind of ruling on that ?

  12. Nice attempt at building a straw man, I give it a 7 on the troll scale since you invoked an actual tragedy and conflated it into part of your lame argument. Of course it’s tragic when people take their own lives, but that’s not what this is about.

    A person who ISN’T a criminal and is motivated to bring about a more accountable and peaceful world beat a crooked judge and a lying cop. The lying cop underscores WHY it’s a good idea to film police…they often lie and usually get away with it.

    Score one for the good guys.

  13. @Bsizzle: Isn’t your “bottom line” actually completely untrue? I don’t pretend to be an expert on the case, but from skimming the trial tweets, it sounds like there was no barricade, and that Cleveland was standing there minding his own business when the cops came over to harass him. Other media were closer, as well – were they “childishly” filming?

  14. @Jacks: Since everything you predict ends up not coming true, would you please predict that they will definitely retry him, so that he can rest easy? Like I said in the other story’s comment, I hope Cleveland will show up and thank you for predicting that he would lose, since that guaranteed his victory.

  15. Drac and Flint – One thing I do know about the freekeeners, they have a significant propensity to be arrested or fight a citation constantly. Since you two seem to hold hands by the river in the moonlight, I believe you two will eventually be arrested and in court.

  16. “Cleaveland was found not guilty by a jury.”

    This isn’t true.

  17. Uh, yes it is. I saw it happen.

  18. Thanks for providing me with guaranteed protection against ever getting arrested (since all of your predictions, without fail, are wrong).

    Please also predict that I will not win a lottery within the next week, and that Trump will be elected President.

  19. Kudos, Flint. I have no wishes to add to your list. I also can’t stop laughing now that Jacks has confided to us that he knows one thing.

  20. “Intentionally lied” Spin it as you guys will.
    Bottom line was Cleveland was told not to interfere with police business, but Cleveland choose to go around police tape to get a better angle on the situation. Ultimately the man took his own life. The family of the suicide victim was not happy that a group of asshats who are not part of the media, chose not to take the video off of the Internet. I’m not exaggerating anything draccc, just stating the facts.
    You guys don’t get it. Leave people alone,and STOP BREAKING THE LAW ASSSHOLES!

  21. BTW, look how Ian Bernard answers simple stupid questions, but will not answer real life, timely questions that deserve answers. Yah know seeing that this is his idea here. And BTW, your buddy JP is currently losing his shit. Mentally stable that one is! Lol

  22. This has all already been reported, Bsizzle. Officer Gaiser did lie. Gaiser lied on his criminal complaint. Then he lied during his testimony. The video that Cleaveland recorded during the incident uncovered that lie. Gaiser should not only be held to task for this, he should be charged with a crime. If you or I did this we would be.

    And yes, Bsizzle, you exaggerated. You asserted that Cleaveland walked around a police barricade that didn’t exist. Exaggerations aren’t facts, Bsizzle.

    How does all that crow taste, Bsizzle? I hope it’s been seasoned to your liking?

  23. “Intentionally lied”? To answer you direct question, draccc. I’d rather have police there at the scene, than I bunch of incompetent fucktard libertards, trying to “take care of the situation “. Lol

  24. You don’t get it dracc, your to smart to see the failures of this cult, and dumb to support it. It’s quite sad.

  25. The imprecision that always pervades your logic is always astonishing, Bsizzle. I never asked what it is that you prefer, Bsizzle, nor do I care. Cleaveland was not trying to take care of the situation. He was recording the incident as any good journalist would. He also wasn’t the only journalist at the scene. You haven’t expressed any outrage over their presence, have you Bsizzle?

    More to the point, you do understand that arresting officers enjoy the unique distinction in courtroom testimonies as being reliable witnesses, don’t you Bsizzle? Do you really think it’s reasonable to believe that Officer Gaiser doesn’t know the difference between a nonthreatening stance and a lunge? And if he actually doesn’t, do you think that he should be considered to be a reliable witness in the future? It makes me wonder if Gaiser may have a history of submitting testimony that is just as untrustworthy. Should anyone feel safe around such dishonest individuals, Bsizzle, especially when they have the power to arrest you?

  26. Perhaps, Bsizzle, but your penchant for supporting your arguments with non sequiturs peppered with dreadful grammar and repeated spelling mistakes is even more pitiable.

  27. I have more of a penchant for pissing people off, and wasting people’s time.
    Seems to be working.
    Sincerely Mr. Grammar
    FYI CLEVELAND IS NOT A OFFICIAL REPORTER OR A JOURNALIST DUMBASS!
    Wow you are truly delusional.

  28. There is no such thing as an “official” reporter or journalist, Bsizzle. Cleaveland is a contributor to independent media. That (by definition) makes him a journalist. I understand that your superstitious beliefs compel you to believe that official titles and honors grant magical powers to those they’re bestowed upon, Bsizzle, but your antiquated belief in magic doesn’t make it real.

  29. I do not have any antiquated belief in magic,draccc. You need a press pass to be of any relevance to the cops and others in order to film. Cleveland at first set himself up next to other media outlets. When told to leave the area, he chose to go around police lines to get a better view of someone killing themselves. That is a fucking terrible thing to do, in the fact that he , Cleveland didn’t give the respect to the family that was involved in the incident!
    You think because your a libertard, that you are entitled to be anywhere you want to be, where in fact you asshats shouldn’t of been anywhere near there. You were just looking for publicity,whether it be good or bad, and THAT IS SAD ,because someone took their life, and you guys ran with it for your own exposure in the media.
    SHAME ON YOU!
    DRACCC, do you support this atrocity?

  30. No Bsizzle. Press passes don’t magically imbue journalists with relevance. Press passes are access permits, nothing more. If anything, press passes are issued to prevent independent journalists from gaining access to locations where newsworthy events can be found. Do you think that impeding any journalist’s access to newsworthy events is necessary to the public’s interest, Bsizzle?

    You also couldn’t have presented a more specious narrative, Bsizzle. Cleaveland was not recording the suicide itself, he was recording the police incident surrounding it. Had the police conducted themselves professionally and directed their concerns towards the suicide victim instead of towards Cleaveland’s act of journalism, the video would never have even seen the light of day. Instead, a KPD officer (Gaiser) decided to confront Cleaveland over his journalistic curiosity and then provoked an opportunity to arrest him. It was this overreaction that led to the video being released into the public domain.

    So please save your fake outrage for someone who isn’t aware of your reputation, Bsizzle. You don’t care about any alleged atrocities that were committed. You’re furious because the reputation of your rivals hasn’t been affected by this trial in the way that you’d hoped. The fact that you’ve not shown the least bit of concern that the officer who charged Cleaveland lied about what he witnessed is the real atrocity here.

  31. The officer lied, that was not right, and I’m not defending that, because there are plenty of good policeman that outweigh the bad ones, you asshat. Cleveland went around the police tape, to video the police, the scene, the person involved in the incident, it doesn’t matter. He in fact chose not to listen to the authorities, and take it upon himself to get involved again, just like your buddy Garrett Ian filmed the actual suicide, posted it on YouTube, which intern made the family of the deceased very upset and had it taken down. But did it stop there? Nope! Garrett Ian then put it up on Reddit if I am not mistaken, to cause even more pain and suffering to the suicide victims family. So draccc, it is not right that the officer lied, but it is an ATROCITY that Cleveland and Garrett caused, just to get ratings on YouTube and
    buddy points with the keeniacs. I’m not furious or have fake outrage about your friends winning a stupid court case, I’m furious and outraged that the suicide victim and his family had to endure this ATROCITY, just because the keeniacs think their entitled to do whatever they want, at the expense of so much heart ache! If you don’t feel remorse, about this, and all you care about is a cop lying, you are soulless, and a fucking idiot.

  32. And how about this draccc, what if your keeniac buddies weren’t there to cause a commotion, maybe those officers could have helped in descalated the scene, and concentrated their efforts on helping the victim. But no, instead some of the officers had to baby sit your buddies instead of taking care of the situation at hand. You don’t get it, you don’t like the protocol that the authorities have to take to do their job, you obviously don’t like cops, all and any, even though they are humans, which you are definitely not, you don’t like the government here, who doesn’t, but if YOU don’t like it, move back to where ever you came from.

  33. You attribute nefarious intentions to James Cleaveland’s actions, yet you never corroborate this accusation with solid evidence, Bsizzle. In particular, you’ve failed to make note of the fact that there is no video of the actual suicide. Cleaveland never recorded any. Most of his video consists of the police just standing about. The rest is the recording of his arrest by Officer Gaiser. Garret Ean only posted what video there was to make public an objective account of the arrest.

    Also, Cleaveland was not the source of any disturbance. It was the suicide victim who was. This is what happens with disturbances, Bsizzle – they tend to attract spectators. You’re not deriding any of them for viewing the spectacle are you? Of course you’re not. Your displeasure is directed solely towards your rivals, despite the fact that only one member of Free Keene (Cleaveland) was present there at the time.

    The rest of your analysis is absolutely brimming with non sequitur fallacies, Bsizzle. I strongly urge you to look up and study very carefully the concepts of formal and propositional fallacies. You make an awful lot of use of them and they’re don’t help in supporting your arguments.

  34. Ho Hum. More profanity and appeals to emotion from you. How charming. But that doesn’t make for a very compelling argument, Bsizzle, especially when you try to dismiss Gaiser’s conduct as the actions of one “bad apple”. Aren’t you forgetting the fact that there were others who collaborated with Gaiser? First there was Keene’s prosecutor who, despite video evidence refuting Gaiser’s account, charged Cleaveland anyway. And let’s not forget Judge Burke who found Cleaveland guilty despite also reviewing the video evidence. By my count, that’s three bad apples so far. Do you think they were just having a bad day, Bsizzle? I know that I don’t take it upon myself to try and throw people in cages when I’m having a bad day. Do you, Bsizzle?

  35. ??? You love to avoid the facts. Cleveland was in a area where the gunman to go towards. The police where trying to protect your buddy Cleveland from potentially getting shot. My god your blind. Must be your age. I’m not lying I am merely stating the facts.

  36. BTW draccc, there was more than Cleveland there from free keene. Rich Paul, Garrett Ian, and pinky Garrett’s girlfriend.
    So why don’t you get your facts straight before opening your libertard like mouth.

  37. Which facts are you referring to, Bsizzle? You haven’t provided any.

    Your claim that James Cleaveland was arrested to protect him is false. NH State Police even admitted that the suicide victim was not an immediate danger. Your other claim that Cleaveland pulled his arms back is also false. Cleaveland’s own video made that clear. Your claim that Cleaveland failed to adhere to the State Police’s proximity limitations is false as well. Worse still, those limitations were not enforced universally. Some onlookers were closer to the spectacle than Cleaveland was, yet no one else was approached. Remember, Trooper Gaiser engaged Cleaveland, it was not the other way around. As to your claim that Rich Paul, Garret Ean, and Ean’s girlfriend were present as well? Since the video evidence doesn’t include this information, I can’t comment on it. It might be true, it might be hearsay. Your reputation for accuracy is notoriously poor, Bsizzle, so I’ll have to assume the latter. You also seem to be making a lot of incorrect assumptions over my personal associations, Bsizzle. Cleaveland is not my “buddy”. I don’t know anyone in Free Keene personally. My grandchildren are Free State Project participants, I am not.

    So far you’re zero for five. Do you have any more facts for me, Bsizzle?

  38. “So far your zero for five?” Far from it.
    One, Cleveland was in a place that was not safe. Two, the officer that put his hands on him had every right seeing that Cleveland was not cooperating. Three, he was in a place too closeto the proximity of a man with a gun that could potentially come at him with it and kill him. Four, everyone may have been in closer proximity to the shooter, but Cleveland was in a place where he was alone and could be shot by this suicidal man. And number five, all of the free keeners that where in attendance that day also filming, where on a 411 twitter account, where picked up saying that they were down there filming the incident along with Cleveland, but in a different area, an area in the Wendy’s parking lot, where Cleveland wasn’t.
    So how is my 5 for 5 doing you fucking idiot. Got anything else?!!!! My accuracy is factual.
    BTW, Cleveland may not be your “buddy”, but you sure do like to defend his dumbass! Lol

  39. And yet a jury still acquitted Cleaveland of the Resisting Arrest charge and deadlocked (6-6) on his Disorderly Conduct charge, Bsizzle. That means that half of them either didn’t believe the State Police’s narrative concerning four of the points you’ve mentioned or choose to vote “not guilty” for reasons of conscience. Either way, Bsizzle, you’re still only one for five. Care to try again?

  40. Cleveland was not supposed to be on that property bottom line. Now he is got probation to deal with. Well he should have stayed home and he wouldn’t be in this situation, eh draccc. See its what you call common sense which you guys obviously don’t have. Now Cleveland has to waste time and money for what? Did any good come out of Cleveland filming that scene?
    Well I guess I’m 4 for five, eh draccc?
    Not bad, you know considering you guys are a bunch of fucking idiots!

  41. No Bsizzle. You’re still one for five. Blaming Cleaveland for what the state police did to him does not defend them nor Officer Gaiser’s actions in this instance. Cleaveland did not resist arrest. A jury agreed. Cleaveland’s defense also showed that he was not posing a hazard to himself or others with his actions. Six of twelve jurors agreed with this narrative. If this goes to retrial, there’s a very real possibility that Cleaveland will be vindicated entirely (assuming the prosecutor doesn’t just give up and arrange a plea deal or simply drop the charge).

  42. No I’m 4 for 5 including the fact that Cleveland is your friend, seeing that you stick up for his dumbass with such tenacity!
    When dealing with your dumbass, it’s also chess not checkers. When will you ever learn. Your “grandchildren ” must be as dumb, and of libertard like thinking such as yourself. That’s to bad, maybe you should all ship of to buffalo, if you know what I mean.
    I think you need probation time too, by sitting in a corner, and shutting the fuck up!

  43. Sorry, Bsizzle. It’s still one for five. We’ve already been over why. As for your other demands, who’d play chess with you if I were to stop? And who’d correct you when you misbehave?

  44. No its 4 for 5. How am I misbehaving when I’m stating the facts? Tell me who is Cleveland being a journalist for, “officially”?

  45. No Bsizzle. You’re still one for five. The information you requested is in the link I hyperlinked for you previously. You’re only balking because you’ve disregarded the source that I chose. You could do your own research and provide evidence that I’m wrong. Instead you do absolutely nothing. Neglecting to provide an evidenced-based counterargument is dishonest, Bsizzle.

  46. The source that you chose is not reputable. I don’t have to do any homework for you to prove your right. I’m 4 for 5 and your dead wrong in your thinking. All Cleveland had to do is stay home with his bullshit credentials for being a press member. What “offical” part of the media does Cleveland work for in order for him to be entitled to go onto private property to film the police. He just should of stayed home that night, jerked off and play x-box. Lol

  47. No Bsizzle. You’re still one for five. You’ve provided no evidence to support your position. Disregarding the source provided is not evidence. Declaring that I’m “dead wrong” is not evidence. Maintaining that Cleaveland is not an “official” journalist and should have stayed home is not evidence. You’ve provided nothing of relevance here, only opinions. Cleaveland was doing what any good journalist would do and was recording police while they were engaged in their duties. Cleaveland had every right to do this. There were other journalists at the scene doing exactly the same thing, yet Cleaveland was singled-out and arrested. In the official report, the arresting officer lied about the events that led to the arrest. The officer also lied about what he witnessed during Cleaveland’s arrest. The video recording proved this and the jury agreed. Now the arresting officer’s credibility pertaining to this arrest has been almost completely destroyed. Should the prosecutor motion for a retrial on the remaining charge (Disorderly Conduct), it’s very possible that Cleaveland will be vindicated by a jury on that as well. These are the facts. Do you have any more evidence to support your position, Bsizzle, or will my reply just be followed by another temper-tantrum from you?

  48. Nope I’m 4 for 5. Cleveland shouldn’t have moved from where credible reporters that were at the scene were filming. He went onto to private property in an area where he potentially could of been shot and killed. The journalists on the scene, we’re NOT filming the police, they were filming an unfortunate standoff, Cleveland chose to film the police which the reporters could have done but wouldn’t of gotten arrested because they were in THE RIGHT SPOT TO DO IT SAFELY. Cleveland is under probation now for being a dumbass. There is some of my “evidence “, not another temper-tantrum. I’m declaring that you and your family members are dumbass entitled libertards. Your so blind with entitlement that you can’t see your friend Cleveland here was wrong for his actions, and was in danger. I don’t see any actions repeated by you in protesting this atrocity that has befallen your friend, all I see is a butthurt Romanian keyboard warrior!
    Sincerely Mr. Grammer

  49. No Bsizzle. The journalists on the scene were recording the standoff between the suicide victim and the police. That means they were also recording the police. This is a fact of simple association. Is the excitement of Christmas presents affecting your thinking process more than usual, Bsizzle?

    You’re also still one for five, Bsizzle. It has already been noted that the other journalists were in closer proximity to the standoff and as such were obviously under different requirements as to what was defined as “the right spot”. Their closer proximity also means that they were closer to the danger itself. Yet only Cleaveland was approached; only Cleaveland was arrested. No other members of the media were approached; none of them were arrested. This suggests that Gaiser approached Cleaveland for reasons other than those pertaining to Cleaveland’s own personal safety.

    Regardless of your objections, Bsizzle, the fact remains that Cleaveland was acquitted of the charge of Resisting Arrest. Regardless of your opinions concerning Cleaveland’s Disorderly Conduct charge, six of twelve jurors still refused to find him guilty. Should this matter go to retrial, it’s entirely possible that Cleaveland will be acquitted of this charge as well. Calling me names will not change this, Bsizzle. Calling my family names will not change this, Bsizzle. Your persistent temper-tantrums in this forum will not change this, Bsizzle. You should probably try to make peace with it.

  50. Nope I’m 4 for 5, including the fact that Cleveland is you friend because you support him and his dumb actions. Christmas presents has nothing to do with it. Are you ready? Cleveland chose to go by himself, leave a group of people observing from behind police tape, whether you don’t think that they where “safe” or not, BTW went onto private property to film cops, not the suicide standoff. By leaving that public area and going rogue into a place where he was putting himself at risk, that also compromises the safety of the standoff that the police were trying to keep control of. That’s their JOB! He wasn’t singled out, he was compromising the angles of the scene, the K-9 unit and possibly others in the adjacent building.
    He is on probation for being a dumbass, by going down south somewhere after the first time he was arrested for this incident, driving an unregistered vehicle, with drugs in it. Boy what a dumbass, yet you support him and his friends and that makes a mockery of your intelligence. I will keep calling you and your family names because your head is so far up you ass you can probably see Romanian from there. To the majority of normal thinking people, they see Cleveland’s actions as juvenile, unprofessional, childish, and pathetic. But to you draccc, you see no wrong across the board in Cleveland actions. Tell me why is his ass in hot water if he did nothing wrong, and who is he being a ” journalist” for? Of course you don’t have to answer the first question because I laid it all out above. It’s not a temper-tantrum here, it is a total waste of time to the average person, in fact a lot of my friends that see this kind of display here tell me it is, but they know that I’m not the average person and I always go for the jugular in life, so either STFU or blast away at your coffee stained keyboard.

Care to comment?