UPDATE: Mon. May 14th 5:20PM

Kate was found guilty of “resisting” by a Manchester Superior Court jury today. Her previous “sentence” from district court was 90-days suspended for two-years. Her new “sentence” is 30-days suspended for 30-days.

It’s good that the threat hanging over her head is now lessened and that outreach was done and ideas shared but bad that Kate had to even allocate any of her time to such a situation.

On June 4th, 2011 eight ‘shire-based activists were arrested while at a pro-police accountable rally outside the Manchester, NH PD (603-668-8711). The incident became known as the Chalking 8. One of the eight arrested was Kate Ager.

Kate had been heading to Manchester to visit a friend. On the way, she learned that her friend had been arrested outside the Manchester Police Department so that’s where she headed. She parked and as she approached, saw a number friends holding signs as well as a number of Manchester PD employees nearby.

Eighty-seconds after stepping onto the sidewalk she was asked by Manchester police employee John Patti to “get off the chalk.” Ten seconds after that, when attempting to ask a question about the order, she was given her “last chance.” Ten seconds after that Patti told Kate that she was “under arrest” as he and colleagues swarmed Kate, handcuffed her, and put her in a cell.

A few hours friends posted a $540 ransom at Kate was free(r). Still, four threats were levied against her.

This past fall, Kate defended herself in Manchester District Court (with assigned standby council). Of the four threats levied, one was dismissed and another she was deemed to be “not guilty” of, but she was found “guilty” of resisting and of a violation-level disorderly.

Kate appealed both. This morning she has jury selection at 9am to revisit the resisting charge (her appeal for the disorderly will go through supreme court). Her trial is slated to begin immediately afterwards.

Manchester Superior Court
300 Chestnut Street
Manchester, NH 03101
(603) 669-7410

From Kate herself, on the related Facebook event:

The “State of NH” alleges that I resisted arrest on June 4, 2011 at the Manchester Police Station. I verbally expressed my displeasure at the time of the arrest, but did not physically resist. On Monday, I will be sharing what happened, as well as videos of the interaction, with a jury and they will have the chance to decide whose interpretation of what happened they believe.

I’ll be just one of many present to support Kate and to communicate to the real aggressors that their actions aren’t going unnoticed. Some of us (not Kate) will be doing jury outreach in the morning to inform those tasked with deciding Kate’s “guilt” or “innocence” of their ability to nullify bad laws. These charges, just a few from the volumes and volumes of arbitrary man-made dictates, are definitely bad.

Patti and his associates outside the Manchester PD last June 4th were out of control. They demonstrated their willingness to implement, follow, or stand by without intervening, as they violated Kate’s rights in their attempt to silence the dissent being voiced nearby about the actions of some Manchester PD employees. That’s the thin blue line. And that’s what you get when you grant another group of people extra rights.

Don’t.

Here’s an interview with Kate published just before her trial last fall:

For more on this situation:
June 5th, 2011 – Eight Arrested at Manchester, NH Pro-Police Accountability Rally

For more on jury nullification:
November 3rd, 2010 – Careful! Examples of Statism Abound During Ft. Lauderdale FIJA Outreach!
January 16, 2012 – Cop Block & Fully Informed Jury Association Billboards Going Up in Richmond! [post]
NHJury.com
Fully Informed Jury Association

For more from Kate:
June 29th, 2011 – Kate Ager to “judge” Ed Burke: Release Ademo & Beau
April 13th, 2012 – The War On Drugs Claims Another Life [post]
Ladies in Keene posts

I’ve never sought to be kidnapped and caged. Yet that’s happened five times not because I harmed person or property, but because I asked questions of those who operate as if they have extra rights.

The surest way to curtail such rampant unaccountability is not to hide or remain silent when you or a friend is harassed but to be vocal – to stand-up for your rights and point-out the claimed double-standards. Failure to do so for even the most trivial of transgressions only bestows upon such actions tacit consent and sets the stage for even more egregious actions.

Transparency is key.

The purpose of this post, which houses all information related to these less-than-ideal situations is three-fold: first, to help hold accountable those who initiated force; second, to serve as an example to others who too have been forced to engage in damage control when targeted by aggressors who purport to “serve and protect” in the hopes that lessons can be imparted; and third, to encourage critical thinking about the nature of “law enforcement” in the hope that a better alternative can not just be imagined but implemented.

Jones County, Mississippi – May 14th, 2009

meta-post “Jones County, MS“
documents “Jones County, MS“
playlist “Jones Co, Mississippi Arrest”

Greenfield, Massachusetts – July 1st, 2010

meta-post “The “State of MA” aka Todd M Dodge vs. Ademo & Pete Eyre”
documents “Greenfield, MA”
playlist “Greenfield, MA – Wiretapping”

Denver, Colorado – August 29th, 2010

meta-post “Arrested at Denver’s Invesco Field for Asking Questions”
documents “Denver, CO”
playlist “Arrest by Denver PD at Invesco Field”

Keene, New Hampshire – January 24th, 2011

meta-post “FREE PETE – Wearing a Hat is NOT a Crime”
documents “Keene, NH”
playlist “Keene NH Arrested for Wearing a Hat”

Manchester, New Hampshire – June 4th, 2011

meta-post “Manchester’s Chalking 8”
documents “Manchester, NH”
playlist: “Manchester Chalking 8“

Tim Osmar arrested for chalking, Dec 15 2011

After a cost of eighteen days in a cage and a few months of legal threats, there is good news to report on chalking freedom out of Orlando, Florida. The ABA Journal published yesterday that Timothy Osmar, who was twice arrested for chalking at the Orlando city hall plaza, had his rights violated when he was legally kidnapped over protected political speech. US district magistrate David Baker’s ruling deemed the arrest for violation of a city ordinance to be an overreach of a code designed to prevent unauthorized commercial advertising. Unlike NH, Florida’s towns and cities are endowed with the power to write words powerful enough to invoke arrest for their violation.

Prior to the decision Friday, Orlando officials indicated that they would be appealing an “adverse ruling”. The city would find it difficult to play a purer than thou antichalk attitude in this case. Orlando mayor Buddy Dyer encouraged downtown businesses to chalk their sidewalks in support of the home team Magic when they were in the NBA playoffs in 2009. The city also permits a yearly chalk art festival held by the local Rotary Club. David Baker told Orlando bureaucrats, “The city may not selectively interpret and enforce the ordinance based on its own desire to further the causes of particular favored speakers.”

Mayor Dyer did not seem thoroughly interested in the deeper constitutional and moral issues regarding chalking arrests. His comment, while charges were pending was, “This was a guy who wanted to be arrested, by all accounts, and has been… This guy was given every opportunity not to go to jail, but he chose to go to jail.” Such a statement from the city’s highest ranking official implies that Dyer’s officers are permitted to make contempt-of-cop arrests.

After he was released for the second time in January, the Orlando Sentinel printed this inspiring article about Tim’s persistence in his right to chalk. He was first arrested on December 15 and returned to city hall after his release on December 22 to chalk again. After writing “All I want for Christmas is a revolution”, he was returned to a cage. The day after a lawyer offered to take his case pro bono, and entered a not-guilty plea on his behalf, the charge of illegal advertising was dropped, and he was released. Three months later, there is now a federal court ruling stating that chalked speech (at least in circumstances similiar to Mr. Osmar’s case) is protected speech.

Mayanne Downs is an attorney who works for the politicians known collectively as the city of Orlando, and she was tasked with spinning the judge’s ruling as favorably for the city’s enforcement arm as possible. While Tim Osmar was originally arrested for the crime of “writing or painting advertizing matter”, the city did not pursue other similarly vague charges against him. In the time between the dropping of the charge in January and the federal ruling, Mayanne tried her best to discourage chalking, but assuredly Orlando activists called her bluff. After his release, her office commented that chalkers are still at risk of being arrested, “I hope people don’t do that — there are better ways to protest. Why not hold a sign? But we have to apply our ordinances in as consistent a way as possible.” Now that the ruling has been handed down, the position she puts fourth is, “The ruling doesn’t address the other ordinances that Mr. Osmar violated.” Perhaps this is how Orlando officials announce that they are building up the fortitude to violate more people’s rights.

“It’s something that I feel, and that a lot of rational people think, is our right as citizens…I still believe I did the right thing. I’m okay with being arrested again.” Among other chalkings by Tim read, “The revolution will not be televised” and “It’s not graffiti. It’s democracy.”

A friend poses with a chalking supporting Tim Osmar outside an Orlando courthouse.

This article was originally published at FreeConcord.org.

Here’s his original video from a few weeks ago about this same subject.

You can download the edition for this week here. Topics covered include the attack against and kidnapping of Free Keene blogger Derrick J as well as the Monadnock Regional High School free speech showdown.

You can add Radio Free Keene News to your podcast client via this RSS feed.

Derrick J Freeman was assaulted by Fintan Moore.

The video below shows background, the incident and the follow-up, of the exchange. It was completed thanks to the collaboration of many of Derrick’s friends and the editing talents of Beau Davis.

Support Derrick by subscribing to his YouTube channel and donating via WePay. Stay tuned to CopBlock.org & FreeKeene.com for updates.

Have thoughts or questions for Fintan Moore?

12 Orchard Street
Keene, NH 03431
(603) 352-7195 (hm)

Derrick is right now caged at the Cheshire County Jail. Feel free to call and question those who are actively keeping him caged:

825 Marlboro Road
Keene, NH 03431
(603) 903-1600

He’s slated to be “arraigned” on Monday, April 2nd, 2012 at Keene District Court. He’s threatened with “resisting” and “violations of bail.”

Ask yourself:

• Why did Fintan Moore think Derrick needed to be served a second time? Are Keene police department employees so inept, so bureaucratic, that it wasn’t yet in their database and therefore Fintan acted on stale information? There was simply no reason for the contact.
• Was the amount of force Fintan Moore used necessary? Even if Fintan was “correct” in “serving” Derrick, is there anything justifiable about the escalation of force Fintan employed? Not too long ago similar tactics ended in the death of the bicyclist. What if that would have happened to Derrick? Would Fintan still stand by his actions?
• What about the integrity (or lack thereof) exhibited by Timothy Peloquin,who “served” Derrick at the high school an hour or so before the incident with Moore, who had this exchange (fast-forward about half-way through clip):

Dispatcher: I don’t know if it matters or not at this point but there was some specific hours of 6:30 to 6:30 Monday through Friday. I don’t know if that makes a difference for you or not.
Peloquin: Doesn’t make a difference anymore. It says all the property all the time.
Dispatcher: Perfect. Thank you.

• Instead of asking that ‘no trespassing order’ at the station be brought to the location, Peloquin drafted one in his cruiser, but instead of creating an accurate copy he further restrict Derrick’s “legal” rights. And his colleagues thought it was “perfect.” Do those with badges have the “right” to create and enforce “law” at their whim?
• Even if Derrick had yet to be served, couldn’t Moore have waited for Derrick at his residence? That would still achieve the same ends, but with a safer means.
• And, to start the argument where it beings, what, you ask, precipitated Moore and Peloquin’s interaction with Derrick in the first place? Derrick engaged in the dastardly act of singing anti-prohibition songs at state-run liquor stores sharing literature with consenting individuals on public property [correction made on 2012.03.03]. The consequence – after being “served” he was supposedly banned from such locations. Derrick’s completely peaceful action (singing) caused Moore and others to believe they had the right to initiate force against him. To drove his car toward Derrick’s bicycle. To place his asp in Derrick’s spokes. To punch Derrick. Just who is the aggressor?
• And Moore (or at least his boss) believe they should have access and the use of an armored personnel vehicle?!

Will Moore do the right thing and apologize? While there be any repercussions for his actions? What might help mitigate such incidents from even occurring?

For another perspective on the incident, read Derrick J Freeman Unlawfully Arrested from Cecelia over at LadiesInKeene.com, who asks “Question of the day: When do you tell them no? How many people do they have to hurt before people stand up and tell them no more?”

The raw content captured by Derrick camera (1-minute)

After I saw the article I reached out to share with her that what she wanted to see happen was already happening here in New Hampshire – people refusing to take the plea deal and loading the system up with cases. I linked her to our downloadable, printable trifold, “Don’t Take the Plea Deal“, which exists in both a NH and national version.

A couple of days later, I was contacted by Ed Garrett, who is also on her show, and invited to come talk about the flier and what we are doing up here. It was a detailed conversation about the risks and potential rewards of not taking the plea deal, and we covered a lot of ground in about an hour, including talking briefly about Jury Nullification, the Free State Project, and more.

Here’s the archive of the interview.

Do you have thoughts on the content discussed? Points where you agree or disagree? Things that need clarification? How would you have answered some of those questions?

Below is the one-hour raw video of the civil disobedience panel that was published here on March 10th:

More:
http://copblock.org
http://freekeene.com
http://fr33agents.com
http://freetalklive.com
http://shiresociety.com
http://libertyontour.com
http://strike-the-root.com
http://nevertakeaplea.com
http://freestateproject.org
http://motorhomediaries.com

Incentive: 100-FRNs or its equivalent in silver
Deadline: Midnight EST March 31st, 2012. Send an email to “copblock [at] gmail [dot] org” with “Szasz” in the subject line and a link to your video
Details: All submitted videos will be added to a playlist on CopBlock’s YouTube channel (link will be updated when created). In early April a poll on CopBlock.org will be up for a week, asking visitors to vote for their favorite. The individual who made the video with the most votes on Midnight EST April 7th, 2012 will be receive their choice of 100FRNs or its equivalent in silver

Questions? email “copblock [at] gmail [dot] org” with “Szasz” in the subject line

Resources:

Adrian Schoolcraft on Wikipedia
The NYPD Tapes: Inside Bed-Stuy’s 81st Precinct from The Village Voice on May 4th 2010 [write-up]
“Right to Remain Silent” from This American Life on September 10th, 2010 [41-min audio, & here's the transcript]
Adrian Schoolcraft, Police Officer, Wins Round One In Legal Battle With City, Jamaica Hospital from The Village Voice on May 10th, 2011 [write-up]
The NYPD Tapes Confirmed from The Village Voice on March 7th, 2012 [write-up]
NYPD Report Confirms Adrian Schoolcraft’s Quota And Underreporting Crime Claims from The Huffington Post on March 8th, 2012 [write-up]
NYPD Officer Sent To Psych Ward By Superiors After Reporting Corruption from Gawker.com on March 9th, 2012 [write-up]

Thomas Szasz on Wikipedia
“Thomas Szasz” via lmgtfy.com [search results]
Law, Liberty, and Psychiatry by Thomas Szasz 1989 edition [via google.com/books]
Thomas Szasz materials from The Thomas Szasz Cybercenter for Liberty & Responsibility [list of links]