Did you know that rule 1.1 of the district courts is that they can waive the rules at any time? It’s true – and they do. Anytime you call them on breaking their own rules, they just breeze right on by like the rules mean nothing to them. However, when *you* break one of those rules, they operate on a whole other set of standards.
There are countless examples of this, but here’s another one.
I’m currently facing a trespass charge for trying to do business at the “superior” court when I’d been “banned” by a flagrantly illegal order from local sheriff Dick Foote.
So, we’re mere days away from the trial date of April 17th, and the Cheshire attorney’s office has only just sent their witness list to me. Their rule, 2.10 B says:
Not less than 14 days prior to trial, the State shall provide the defendant with a list of names of witnesses, including experts and reports, and a list of any lab reports, with copies thereof, it anticipates introducing at trial.
It was less than a week prior to trial before I got the witness list, and it only came *after* I filed a motion to dismiss for the prosecutor’s failure to provide a witness list on time.
Edward Burke of district court blew off the motion and ignored rule 2.10 B by simply saying in his denial (PDF):
Because the Court is not persuaded that the state’s alleged failure to provide witness information in timely fashion has prejudiced the defendant, the Court is not inclined to dismiss the case.
Tom Ball (who self-immolated over the Keene “justice” system) was right. There is a set of rules for us regular folk, and a set of rules for the people calling themselves “the state”. The rules for us are constantly expanded, while their “rules” basically amount to, “we do what we want and make you pay for it”.
