State V. Kate (Jury Trial) – a Chalking 8 appeal

Post originally published to

UPDATE: Mon. May 14th 5:20PM

Kate was found guilty of “resisting” by a Manchester Superior Court jury today. Her previous “sentence” from district court was 90-days suspended for two-years. Her new “sentence” is 30-days suspended for 30-days.

It’s good that the threat hanging over her head is now lessened and that outreach was done and ideas shared but bad that Kate had to even allocate any of her time to such a situation.


On June 4th, 2011 eight ‘shire-based activists were arrested while at a pro-police accountable rally outside the Manchester, NH PD (603-668-8711). The incident became known as the Chalking 8. One of the eight arrested was Kate Ager.

Kate had been heading to Manchester to visit a friend. On the way, she learned that her friend had been arrested outside the Manchester Police Department so that’s where she headed. She parked and as she approached, saw a number friends holding signs as well as a number of Manchester PD employees nearby.

Eighty-seconds after stepping onto the sidewalk she was asked by Manchester police employee John Patti to “get off the chalk.” Ten seconds after that, when attempting to ask a question about the order, she was given her “last chance.” Ten seconds after that Patti told Kate that she was “under arrest” as he and colleagues swarmed Kate, handcuffed her, and put her in a cell.

A few hours friends posted a $540 ransom at Kate was free(r). Still, four threats were levied against her.

This past fall, Kate defended herself in Manchester District Court (with assigned standby council). Of the four threats levied, one was dismissed and another she was deemed to be “not guilty” of, but she was found “guilty” of resisting and of a violation-level disorderly.

Kate appealed both. This morning she has jury selection at 9am to revisit the resisting charge (her appeal for the disorderly will go through supreme court). Her trial is slated to begin immediately afterwards.

Manchester Superior Court
300 Chestnut Street
Manchester, NH 03101
(603) 669-7410

From Kate herself, on the related Facebook event:

The “State of NH” alleges that I resisted arrest on June 4, 2011 at the Manchester Police Station. I verbally expressed my displeasure at the time of the arrest, but did not physically resist. On Monday, I will be sharing what happened, as well as videos of the interaction, with a jury and they will have the chance to decide whose interpretation of what happened they believe.

I’ll be just one of many present to support Kate and to communicate to the real aggressors that their actions aren’t going unnoticed. Some of us (not Kate) will be doing jury outreach in the morning to inform those tasked with deciding Kate’s “guilt” or “innocence” of their ability to nullify bad laws. These charges, just a few from the volumes and volumes of arbitrary man-made dictates, are definitely bad.

Patti and his associates outside the Manchester PD last June 4th were out of control. They demonstrated their willingness to implement, follow, or stand by without intervening, as they violated Kate’s rights in their attempt to silence the dissent being voiced nearby about the actions of some Manchester PD employees. That’s the thin blue line. And that’s what you get when you grant another group of people extra rights.


Here’s an interview with Kate published just before her trial last fall:


For more on this situation:
June 5th, 2011 – Eight Arrested at Manchester, NH Pro-Police Accountability Rally

For more on jury nullification:
November 3rd, 2010 – Careful! Examples of Statism Abound During Ft. Lauderdale FIJA Outreach!
January 16, 2012 – Cop Block & Fully Informed Jury Association Billboards Going Up in Richmond! [post]
Fully Informed Jury Association

For more from Kate:
June 29th, 2011 – Kate Ager to “judge” Ed Burke: Release Ademo & Beau
April 13th, 2012 – The War On Drugs Claims Another Life [post]
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  1. I’m pretty sure she didn’t have “standby council”. She had “standby counsel” – maybe a council, though, would have been better.

  2. Richard, if poor spelling was a crime, these idiots would have been in jail a long time ago. As it is, they will be in jail soon enough. Sadly, stupidity is not a crime.

  3. Government education does wonders.

  4. Hold up davidkeene or kate as your poster boys for public education, not me. I never attended a ‘government school’.

  5. Lobby your congressman ‘nick cash” maybe you can get him to make a law for “stupidity” to be a Crime. Thing is Is, I don’t think you will fair well if that happens . It may be shooting yourself in the foot if that law passes and you helped pass it ,then they lock you up on the spot. They may even use your suggestion that “stupidity be a crime” as evidence against you ,to lock you up for stupidity

  6. Kate was convicted even though other FKers tried to “inform” (read “taint”) potential jurors outside the courtroom.

    That’s a victory for justice.

    And as for this statement: “[It’s] bad that Kate had to even allocate any of her time to such a situation.”

    Don’t do the crime if you can’t spend the time.

  7. Thank you ‘davidkeene”, as always, for making my point far better than I could ever have hoped to make it. Thing is is, your just better at it than me is. But please, don’t quote me as saying “stupidity be a crime”. That’s all you. Sadly, its still legal. Or is it it’s? I dunno.

  8. There’s no justice here. She didn’t do anything wrong or illegal. The police bend the laws to suit ‘their’ justice.

  9. Your should be you’re as in you are or you’re spelling things poorly.

  10. The courts and a jury of Kate’s peers disagree with you. As they entered the courthouse, the jury was even told of their “right” to nullify the law if they felt Kate had done nothing morally wrong. They convicted anyways. Ergo, Kate’s actions were both legally and morally wrong.

  11. you’re right :i always make points better than you….thank you for acknowledging your shortcomings…

  12. Gee, jeb, is that the only mistake you caught? If so, you are in the same league as davidkeene. It’s called sarcasm. If you don’t know what that is, look it up. You could use a dictionary, but that would involve thinking. Just cut and paste to wiki.


  1. Kate Tried, Found Guilty of Standing Still and Asking a Question - Free Keene - [...] on some chalk and not moving off of it fast enough upon Manchester police’s request (see her video here).…

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