First off, let me get everyone the date:
Friday, July 31, 2009 at 1:30 pm
So this date was scheduled a while back as a Trial date. Since then several motions were filed, and both sides have requested a hearing. The court has failed to acknowledge if this will be a hearing date on the motions or trial. Edward Burke in his latest “order” seems to be pushing for trial. Of course, he’s also been called as a witness. . .
The motion to recuse was denied, as apparently Edward Burke has no conflict of interest in this case. A motion for change of venue was filed because the court security involved may actually be working that day.
In Dave’s trial Lance was called in from the hallway where he was out working. Does anyone see a potential problem with a witness against you having the ability to subject you to a patdown and questioning before taking the stand against you? The Change of venue was denied and Burke wrote in his latest document:
This motion does not raise sufficient grounds to change venue. In some respects, the motion represents another effort to have the undersigned rescue himself, a request that is denied elsewhere in the order. (Motion for Recusal)
Rescue himself? I found that particularly amusing and sad. It shows the anger and desire for vengeance that drive men who are attracted to the raw power over others that only government provides. Burke also questioned the notice that I won’t be standing for “his honor”. I see a man who has wielded his power for so long, the concept that we are all equal must seem foreign.
So here’s the latest filings for those of you who are interested:
DEFENDANT’S SUPPLEMENTAL LIST OF WITNESSES
Now comes the defendant . . .pursuant to Rule 2.10(C) respectfully submits this supplement to his list of witnesses set forth in the notice dated June 6, 2009 to include the following additional witnesses whom may be called by the defendant at trial”
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Detective Todd B. Lawrence (Keene Police Department).
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Lieutenant Todd Faulkner (Keene Police Department).
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Court Security Officer Lance Walton (Keene District Court).
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Sgt. Eliezer Rivera (Keene Police Department).
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Sgt. Joseph Willis (Keene Police Department).
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Officer Christopher L. Simonds (Keene Police Department).
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Anika Clark (Keene Sentinel).
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Ian Freeman (Keene, NH).
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Kat Kanning (Grafton, NH).
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The Honorable Edward J. Burke (Keene District Court).
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Keeper of Records, City of Keene.
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Keeper of Records, Administrative Office of the Court.
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The defendant further reserves the right to present his own testimony at trial.
And a motion to reconsider in light of my intention to call him as a witness:
MOTION FOR RECONSIDERATION OF DENIAL OF MOTION FOR AN ORDER OF RECUSAL
Now comes the defendant . . . and respectfully requests reconsideration by the Court of the denial of the defendant’s motion for an order of recusal. As the basis of this motion and as a courtesy to the Court, the defendant seeks to further explain and provide any necessary clarification of his motion. As indicated by item numbered 2 set forth in the motion for an order of recusal, his honor may have been the judicial officer whose order the defendant is charged to be in contempt, that such order is ambiguous and unsigned, as such, the defendant is compelled to reserve the right to call his honor as a witness at the trial of these charges for the purpose of establishing at trial and for the record the unenforceability of the order and/or its inapplicability to the defendant’s conduct underlying these charges.
Would anyone be surprised if Burke decided his own sign for the wall will suddenly become irrelevant to the charge for disobeying it? I’ll see you all on the 31st.
