Robert L. Lamontagne vs. The State of New Hampshire: Defense Filed Documents

After respectfully asking both the Grafton County Attorney and New Hampshire Attorney General to properly designate Robert L. Lamontagne a “victim” of criminal conduct due process violations and receiving literally no response from either Office — we are filing the following PETITION FOR WRIT OF MANDAMUS in the Sullivan County Superior Court.

A “writ of mandamus” is a judicial remedy practiced in common law legal systems where a court of equity has the power to order government officials to perform an act that is required by law.  I have identified the possibility of multiple crimes committed by government officials in Robs case and have communicated to the authorities the same.  They owe Rob a full investigation and the proper designation: a victim of state misconduct.

It is the State of New Hampshire that should be going out of its way to make things right with Robert Lamontagne.  We shouldn’t have to chase them around and force them to act through court actions.  They should be doing the right thing on their own accord.

I realize they are busy writing checks to YDC victims at the moment…  and the last thing they want is a class action group of people who were collectively screwed out of the right to a fair trial by repeated Brady violations forming an alliance and literally bankrupting the entire State of New Hampshire.

Governor Kelly Ayotte should step in to this Cheshire County Brady violation issue and order her Attorney General to conduct a full investigation.

** UPDATE 05/13/25 **

05/12/25 – ORDER from Superior Court Chief Judge Mark E. Howard transferring the case back to Cheshire County Superior Court.

05/13/25 – RESPONSE to the ORDER from Superior Court Chief Judge Mark E. Howard.

 

Robert L. Lamontagne vs. The State of New Hampshire – An Appeal To Attorney General John Formella

On March 31st of this year I requested that Grafton County Attorney Martha Hornick legally identify Robert L. Lamontagne as a “victim” under New Hampshire’s Victim’s Bill of Rights Act for the criminal due process violations we allege he sustained during his trial.  Unfortunately CA Hornick has appeared to take no action on this.  No disrespect intended to her…  but we’re not interested in sitting around waiting for this case to get older.  We’re appealing to NH Attorney General John Formella immediately to have his Office designate Rob a legal “victim” of state agent misconduct that seems to have cost him his right to a fair trial.

If Rob went to State Prison for nearly ten years on an established practice of willful due process violations in Cheshire County — other people probably did too.  That is an unacceptable disruption in controlling federal constitutional law by state authorities that have no such authority.  The American public shouldn’t tolerate this.  These national rules exist to protect our people uniformly throughout the land.  Defense lawyers have an absolute legal right to know the credibility risks of a witness says the United States Constitution.  State law in New Hampshire makes it a crime of various degrees to conceal this required federal information.

This is so serious of a breach in the public trust in my view that people with badges should be investigating this…  not a blogger on FreeKeene.com.

Nonetheless, we respectfully appeal to New Hampshire Attorney General John Formella to have Rob designated a “victim” of a criminal due process violations that caused him serious harm.

Robert L. Lamontagne vs. The State of New Hampshire: I’ve Appeared

… in the Sullivan County Superior Court on my client Robert L. Lamontagne’s behalf.

The case was transferred out of Cheshire County to the Sullivan County Superior Court.  The State review of the case was assigned to Grafton County Attorney Martha Hornick.

Here is the DOCKET REPORT for Rob’s case for you to have a better understanding of the flow of the case.

Our investigation continues.

As I am now a court officer I must specify that this blog is made pursuant to NH Rule of Professional Conduct 3.6 (c) (2) (3) and (6) as well as Part I, Article 10 of the New Hampshire Constitution and the 1st Amendment of the Federal Constitution. 

Please, Show Some Decency

My “client” Robert Lamontagne just forwarded me a disturbing voice message sent to him harassing him for the case we’re working on.  I find this to be quite juvenile.

First off, Rob maintains his complete innocence for the charges he was convicted of.  He’s been screaming this at the top of his lungs for many years.  So far I personally agree with him that it appears there are valid legal questions about the integrity of his conviction.  We’re investigating that now…  and that takes time.

Second off, even if he WAS truly guilty of what he was convicted of, he has completed the sentence that the government of the State of New Hampshire handed him.  His debt to society has been paid in full according to the State.

Continuing to harass him truly is unfair and could be criminal in itself.

I will forward to law enforcement any harassment Rob receives from today forward.

Please be kind.

Demand Letter to Keene Police RE: 91-A Compliance

It is a bit ridiculous that I have to do this…  but here is my “Demand Letter” to the Keene Police demanding they comply with NH RSA 91-A.  The next step is filing a formal lawsuit against the City of Keene in the Cheshire County Superior Court.

I know many of you who engage here at FreeKeene.com are skeptical of Mr. Lamontagne’s claims of innocence.  I’d like to think that even if you are one who is skeptical of Rob’s claims that you would agree that the KPD should be complying with state laws regarding public records.

A thorough review of what happened in his case is only possible if we can acquire these records.

UPDATE: 178 minutes after posting this blog and e-mailing the demand letter to Assistant County Attorney Tim Donovan I received the records that were requested.