Ademo’s Wiretapping Convictions Overturned by New Hampshire Supreme Court

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.

I’d like to congratulate Brandon Ross, a Concord (NH) attorney, on this ruling. It’s more than just a personal relief to me, it’s the fruit of Brandon’s labor and his desire to see justice served. Brandon came to visit me days after my conviction in Valley Street Jail, offering to conduct my appeal pro bono. All I had to do was pay for the trial transcripts, which I was lucky enough to raise the funds for via donations – a very special thanks to all the donors, much love.  I haven’t had to spend one ounce of my time on this matter, so the victory is all his.

That being said, I’d like to again thank all the donors who contributed over $1,200 for the trial transcripts. Today I’m able to breathe a little easier knowing that a minor police interaction won’t lead to a prison cell for the next 4 years, due to the (now voided) suspended sentence. Though this is a huge victory to me personally (not used to that, they are few and far between), I’m still not in the clear. The case is headed back to superior court, presumably Michael Valentine, and I could be charged again. At that time, I’d face another trial.

Hopefully those in charge of making such decisions decide against bringing me back into a courtroom. Only time will tell.

Visit THIS META POST for all blog posts, videos and more about my wiretapping case (complied mostly by Pete Eyre). Below is a video playlist of related videos to this case.

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10 Comments

  1. If they retry you, it won’t be for a felony; and if it is, then you can be acquitted. We know now that the law does not make wiretapping a felony if the accused is a party to the call.

  2. Wasn’t it lying Judge Burke the one who was trying you for wiretapping?

    Anyhow, good to see the good judges of New Hampshire Supreme Court easily judge the case and show how cops and the local lying Judge can collude on stupidity and refusing to judge the case based on the spirit of the wiretapping law.

    Now you can sue the school Principal, cops and prosecutor/DA for knowingly abusing the law and attempting to dirty your name.

    Hell, the cops would of had no hesitation to do the same to you in small claims court.

  3. The NHSC did not rule that he was wrongfully tried or that he did not break the law, so there would be no civil case against those who tried him, unfortunately.

    The argument was that (in this particular case) ignorance of the law actually /is/ an excuse, and that the prosecutor and judge should have informed the jury of that fact. But judges and prosecutors have an extremely-strong immunity under law (convenient, eh?), so the sort of actions necessary to pierce that immunity and allow civil prosecution are not present in this case. Even prosecutors who knowingly tamper with evidence are rarely held accountable, so one who can say, “oops!” isn’t going to face any repercussions.

    Eliminating immunity would go a long way towards cleaning up the mess of the legal system – so long as they can violate others’ rights with no penalty, and often get promotions, etc. for doing so, they will keep it up.

  4. FYI, Brandon has moved his offices from Concord to Manchester.

  5. molarii; This trial occurred in Manchester,not in KEENE,
    judge Burke is located in the Keene court system. Typical
    of you boneheads, spout a lie as if it were a fact.

  6. If someone was “spout[ing] a lie as if it were fact,” then that would have to be made as a statement. Molarii asked a /question/, making it clear that s/he did not know with any certainty if it was Burke.

  7. @Jack walker.

    Have yourself a good day too. 😉

  8. Someone here answered my question that this was tried in Concord. Thanks for the reply. 🙂

  9. bottom line  if u being filmed..y get up set less u know u busted for wrong doing..smh

  10. btw i want to see what the parents say

Care to comment?