For those following, I wanted to keep you up to date on the latest word from the prosecutors. Â You can read the three latest e-mail below. Â I’m making the best of this bad situation by planning a cross-continent trip covering exciting activism while I am in exile. Â More on that project to come!
E-mail the Third:
Dear Mr. Horton,
I am pleased to report to you that Attorney McLaughlin is willing to accede to your request and make the period of suspension on his charges one year, rather than the originally envisioned two. Based on our previous e-mails, and your representation regarding a willingness to plead, the new proposed global resolution is as follows:
1.) On the charge that was appealed from District Court and is being prosecuted by Assistant County Attorney John Webb – Remand to Keene District Court with the original sentence remaining in place.
2.) On the charges being prosecuted by Assistant County Attorney Chris McLaughlin:
The charges are: 1.) Possession of Marijuana; 2.) Contempt (two counts); 3.) resisting arrest or detention; 4.) disobeying an officer. The offer on these would be nolle prosse (dismiss) the disobeying an officer charge, and on the remaining charges, the sentence on each charge would be identical and concurrent (served at the same time) with each other, but consecutive (to be served after) to your remanded sentence above. 360 days in the CCHOC, all but 90 days suspended for one (1) year upon the condition of good behavior. Pretrial confinement credit of seven (7)(?) days, and a mandatory $350 fine plus penalty assessment on the Possession of Marijuana charge.3.) On the charges I am prosecuting and for which trial is scheduled for April 17th at Keene District Court:
The charges are: 1.) Criminal Trespass; 2.) Resisting Arrest or Detention; 3.) Contempt. The offer on these would to nolle prosse (dismiss) the contempt, and on the remaining two (criminal trespass and resisting arrest or detention) the sentences would be as follows – reduce the criminal trespass to a violation with a $500 fine, and on the resisting arrest or detention (Class A Misdemeanor), the same as as that offered by Attorney McLaughlin. The sentence on the resisting arrest I am prosecuting you on would be concurrent with the sentence imposed on the cases being prosecuted by Attorney McLaughlin.The 90 days stand-committed time under this global proposal would represent a 60 day period of incarceration so long as you earned the maximum period of good time at the CCHOC. Good Time is determined pursuant to the rules and regulations of the CCHOC.
As indicated previously, this resolution would resolve the pending cases that you have in both Superior Court and District Court. I look forward to hearing back from you.
Sincerely yours,
David Lauren, Esq.
Cheshire County Attorney’s Office
E-mail the Second:
On 4/23/2012 12:30 PM, Derrick J. Horton wrote:
Dear Mr. Lauren,Thank you for your correspondence.
I would like to see it all drawn out before I agree to everything, but yes, that would be my interpretation as well. It sounds like we are on the same page.
Looking forward to hearing from you,
Derrick J. Horton
DerrickJHorton@gmail.com
856.701.6516
75 Leverett St.
Keene, NH 03431
E-mail the First:
On Fri, Apr 20, 2012 at 3:48 PM, David Lauren wrote:
Dear Mr. Horton,Thank you for your e-mail of this afternoon. Just for clarification before I chat with Attorneys Webb and McLaughlin, does your e-mail refer to my e-mails to you of Tuesday, April 10th and Thursday, August 19th? Is your proposal basically that the two-year period of suspension referred to in the resolution to Attorney McLaughlin’s charges be made one year?
In short, am I correct in interpreting your e-mail to mean that if Attorney McLaughlin was willing to reduce the period of suspension to one year, you would be willing to resolve the cases via a plea based on the terms as set out in the prior e-mails?
As I’m sure you understand, I just want to be certain that I understand your desires.
Sincerely yours,
David Lauren, ACADavid Lauren, Assistant County Attorney
Cheshire County Attorney’s Office
12 Court St.
Keene, NH 03431
