State Representative Dick Marple again faced down Concord district court judge Kristin M Spath in their final round recently – his trial. At previous hearings and the trial, Marple has wowed observers by shouting at the judge and getting away with it as well as using long-talked-about court theories like refusing to cross the bar. (You can see his other hearings here and here.) He’s challenged jurisdiction from the beginning, and despite Spath’s ruling that she has jurisdiction, Marple still refused to participate in the trial they held for him on April 18th.
Instead he verbally sparred with Spath again for nearly 20 minutes before she proceeded with the show trial. Marple continued to refuse her invitation to cross the bar and sat in the audience through the state’s lone witness against him. Spath ended up taking the matter under advisement after the close of the state prosecutor’s case and later issued her ruling via a mailed order.
In the order, she found Marple not guilty of the misdemeanor “prohibitions” charge regarding his driver’s license, as the state neglected to present any actual evidence, but found him guilty of “driving after suspension”, sentencing him to $310 in fines, all suspended for six months on condition of Marple not getting any further moving motor vehicle violations in that timeframe.
Trial watchers had expected this light punishment for the 85-year-old state representative, who was able to get away with talking to a robed-person in a way that trial observers have ever seen. Most people who tried Marple’s approach would probably be arrested for “contempt of court” and thrown in jail. Was he able to talk back to the judge because Marple is a state rep? Perhaps because he’s elderly? Both?
Regardless, the big question now is whether or not he’ll appeal to the NH Supreme Court. Stay tuned here to Free Keene for any further developments!
Chris Waid (right), safely demonstrating for NH independence, in the median on Main St. in Keene in 2016.
On April 20th, Manchester police conducted another DUI checkpoint, believed to be the first of 2017. As always, Cop Blockers and more than a dozen other liberty activists came out with signs redirecting peaceful motorists away from turning down Bridge St, where they would have hit the checkpoint.
Longtime Manchester Cop Blocker Riaz Kahan stated that the interdiction was a major success, with 90% of cars that were intending to turn towards the checkpoint being redirected to another route, avoiding unnecessary police harassment. Manchester police conduct at least a few of these checkpoints per year and activists from all over the state are attracted to help. It’s another unprecedented level of activism that happens easily and regularly in New Hampshire, since there are active migrations of libertarians moving here. (Check out 101 reasons why, here.)
However, for the first time in the history of Manchester’s checkpoints, an activist was arrested. Not for DUI, but for crossing the street, walking toward the checkpoint.
Chris is a weekly co-host on syndicated radio show Free Talk Live, where we discussed the arrest on last Friday’s show. He’s a rare breed – a business owner who is willing to put his very freedom on the line. If more business owners had this level of courage, they could just ignore the government rather than obey them, and the government would have to go away.
In addition to standing up for freedom of the press, Chris is an active police accountability activist, with many hours logged in the streets, recording cops. It is his right to stand where he wants, so long as he’s not actively interfering in police investigations. By standing in the median, he’s taking his risk and the police have no obligation to protect him, especially from himself. If they try to use the argument that them yelling at him was for his own safety, that hopefully won’t hold up in court. We’ve been in medians frequently for activism in Keene and police here have been mostly respectful towards us. By the way, Chris is a homeowner in Keene, to which he moved his linux hardware business, Think Penguin in early 2016.
He’s currently facing a “Disorderly Conduct” Class A charge – the police’s favorite catch-all to target people they don’t like. Of course, we’ll continue to follow Chris’ case closely here on Free Keene, so stay tuned.
Several longtime cannabis freedom activists at the 2017 Concord smoke-out.
Since 2009, on April 20th at 4:20pm people from across New Hampshire gather in front of the State House in Concord to commit mass civil disobedience by smoking, vaporizing, or otherwise consuming cannabis in public. As has happened in previous years, we were again joined by multiple state representatives including Libertarian Caleb Dyer of Pelham, NH as well as Keene’s Ward One Democrat, Joseph Stallcop, and Republican Glen Aldrich of Gilford.
This year’s event began with speakers at 3pm including representatives Dyer & Stallcop, me explaining the right of Jury Nullification, and Libertarian Party of NH chairman Darryl W Perry. The overcast weather threatened rain which thankfully never materialized and the temperature was cool and pleasant with a couple dozen already in attendance at 3pm by the street, smoking cannabis and chalking messages on the pavement. As we closed in on 4:20pm (the time that cannabis is used in celebration globally) the numbers of attendees swelled to easily over 100 people.
Just a portion of the excellent crowd, photos courtesy Justin Campagnone
Event organizer and executive director of the 420 Foundation, Shire Dude emceed (and live streamed) the event. As the crowd gathered directly in front of the state house close to 4:20, we heard from speakers including Carla Gericke of the Foundation for New Hampshire Independence, the executive director of the NH Cannabis Freedom Festival, Rick Naya, and medical cannabis consultant John Padellaro who told us how cannabis helped him with his inoperable brain growth. Padellaro also said, “I don’t support legalization. I support ending prohibition.” This sentiment was echoed by speakers Perry and Gericke, with Gericke also calling on New Hampshire’s new governor, Chris Sununu, to pardon all peaceful drug offenders and end funding for “Granite Hammer”. Perry and representative Dyer’s speeches focused on the current legal status and future of cannabis reform in New Hampshire while Naya reflected on the previous 420 rallies and people we’ve lost to prohibition. In his off-the-cuff speech, representative Stallcop of Keene told the attendees, “we need to stop looking at each other in terms of left or right. I see, in all honesty, there is right and there is wrong…We will stand together as one people and say that this is our decision, this is our choice.” (more…)
As reported over at Photography is Not a Crime today, a veteran of the US Marines, Billy Spaulding, recently attempted to pay a parking fine in pennies at Manchester city hall. Initially, police responded and lied to Billy’s cameraman, claiming he wasn’t allowed to record them without informing them. The cop claims, “You have to advise us that you’re recording us. You can’t record audio.” The reality is that recent New Hampshire court precedent says otherwise – not only can you record police in New Hampshire, but you can secretly record them. Unfortunately the videographer appears to have shut off the camera as a result of the cop’s lies. Based on the comments on the youtube video, he now knows better.
After taking some time to reflect on this current issue, as Sheriff, I’ve decided that the Cheshire County Sheriff’s Office will not seek to enter into an agreement with the United States Immigration and Customs Enforcement Agency (ICE) to enforce federal immigrations laws. Furthermore, we will not participate in raids, stings or operations that are solely intended at locating an undocumented person or persons. Any representative of ICE requesting our assistance must have an active criminal warrant issued by a judge or must be actively pursuing a criminal investigation that relates to public safety for us to participate.
According to the Sentinel’s report on Rivera’s announcement Keene Police’s acting chief, Steve Russo has yet to comment on the issue, but his late predecessor Brian Costa‘s position was similar to Rivera’s, saying, “We have no interest going forward, nor do we have the resources for deputizing our officers as part of ICE to go out and seek illegal or undocumented immigrants…We govern ourselves by our mission statement”, which says KPD is “to protect life and property and to maintain order within the City while assuring fair and respectful treatment of everyone.”
It sounds like Sheriff Rivera is on the same page as Costa. In his excellent statement, Rivera continues:
In addition, we will not ask a person their immigration status or detain a person based on an administrative civil detainer that is not issued by a judge. As Sheriff, I do not want undocumented immigrants to fear the Sheriff’s Office, instead I want them to be able to approach and speak to any of my deputies without the fear that they will be turned over to ICE. If in the course of our duties we happen to come across an undocumented person we will handle each encounter in a way we deem appropriate for each situation…
If you are an undocumented person in Cheshire County and feel uncertain about approaching law enforcement for fear they will turned you over to ICE, feel free to call me, Sheriff Eli Rivera, at the Cheshire County Sheriff’s Office.
According to the WMUR report on Rivera’s policy, some control-freak politicians are butthurt over this. Good. Unlike those cowardly politicians, kudos to Rivera for having the courage to do the right thing and truly protect the people of Cheshire county from the evil hands of the federal government. It would be better of course if Rivera would also stop cooperating with the feds on other victimless crime enforcement, like the insane War on Drugs, but this is a BIG step in the right direction.
I’m glad to live in a place where law enforcement acts more human, more often, than anywhere else I’ve ever been. You’ve got Rick Van Wickler, Cheshire County’s jail superintendent who is also a longtime speaker at Law Enforcement Action Partnership, a compassionate group of mostly former police which you may remember as being previously called, “Law Enforcement Against Prohibition” until they expanded their mission to include other issues where police reform is badly needed, Van Wickler has been a constant presence in Concord at state house hearings about drug legalization, speaking strongly in favor of any efforts to end prohibition in New Hampshire. He also runs his jail much more compassionately than the supermajority of the others in the United States. Add to that, a relatively calm and approachable group of Keene police, and now this excellent news from Sheriff Rivera.
Thank you, Eli. You’ve earned my vote in the next election. The land known as Cheshire county in the Shire should be a sanctuary for all peaceful people. Your immigration policy helps us get closer to that ideal. Next step, NH seceding from the United States! Viva New Hampshire!
Now that he’s out of jail on bond, he’ll be able to better prepare for his trial, unless they offer him an even better plea deal, which he has indicated he’d be willing to negotiate. Stay tuned here to Free Keene for the latest.
Virgil Vaduva and Ademo Freeman, After Ademo’s Release!