Last Friday I got an email from Brandon Ross, my awesome pro-bono attorney, who informed me that Michael Valentine – who works as the District Attorney for Hillsborough County – has charged me with three felony wiretapping charges. Yes, these are the exact same charges as I was previously convicted of but were overturned by the Supreme Court earlier this month.
Today, after more than a year of time and work, the New Hampshire Supreme Court ruled on my appeal for my felony wiretapping convictions, stating:
The evidence of the defendant’s willful mental state at the time he recorded the conversations was far from overwhelming. Thus, there is the very real prospect that the jury would have returned different verdicts had it been properly instructed. Cf. United States v. Paul, 37 F.3d 496, 500 (9th Cir. 1994) (finding the plain error test satisfied where the district court improperly instructed the jury on the different mental state requirements of voluntary and involuntary manslaughter, for in doing so the district court “created a substantial risk that [the defendant] was convicted of voluntary manslaughter, even though the jury may have believed the killing was neither intentional nor extremely reckless”). To allow the convictions to stand under these circumstances “would seriously affect the fairness and integrity of judicial proceedings.” Guay, 162 N.H. at 384. Accordingly, we reverse the convictions and remand for a new trial.
Is having an accurate recollection of a conversation criminal?
An hour ago my good friend Garret Ean had his videocamera stolen as he bicycled toward downtown Keene. The theft was perpetrated by two men wearing NH State Police badges identified as Joseph T. DiRusso and Aaron Gillis, who, upon spotting Ean, drove their unmarked silver Dodge Charger toward him and demanded his property.
DiRusso and Gillis claimed their actions just per some text on paper signed by Edward Burke based on allegations made by Thomas Mullins [see below]. It should be noted that all four of those men involved in this conspiracy to censor Ean subsist on stolen money.
The following post was written by Ademo Freeman, from Valley Street Jail in Manchester, NH.
I wrote, prior to my wiretapping trial, a thank-you and semi-prediction of the outcome. Since then, I haven’t addressed the outcome publicly because I was tired of the trial talk and focused on doing my time. I’m not going to say much more than I did in my previous letter/blog post. The outcome of the trial is what it is and I knew the risk of my actions long before the verdict. I’m proud of myself for refusing the plea deal, speaking the truth, and avoiding the majority of the courtroom shenanigans. I hope others will follow my lead by taking the direct approach in courtrooms, even though I wasn’t “successful.” At some point, logic will prevail if everyone is speaking openly and honestly, especially when charges with victimless crimes and ones exposing government abuse – like mine. The conclusion of my wiretapping saga now lies in the hands of Brandon Ross who has decided to try the legal route in freeing me from the State’s grasp.
I’d like to again thank everyone who has helped share my story, support CopBlock.org‘s mission and contributed to my jail fund, commissary and/or appeal. Thank-you very much, I couldn’t do it without the support y’all have provided.
I guess the remaining question many, including myself, have is, “What’s next?” That answer depends on many things. Of the course the outcome of my appeal or other attempts of Brandon’s to free me from the 5 years of “good behavior” play a factor in what I’ll do after my release. Regardless, I know I’ll never go back to being an obedient servant of the state’s. Although jail as been an emotional roller coaster for me, as always, and may lead to a short vacation from public or high profiled activism like I’ve done in the past; I’ve recently started working on some video scripts and other ideas for Copblock/activism once freed, hopefully on or by October 11th.
Until then, I’ll continue my jail routine of reading, writing and working out, with the occasional outreach opportunity in between. And though many questions are still unanswered, know that we shall meet again, either doing activism or “in the place where there is no darkness.” (Reference to 1984)