This week, liberty activist Graham Colson was tried for a “contempt of court” charge that he received while out on bail after being arrested on a later-determined-unconstitutional no trespass notice from the “city of Keene”. In legal land there is a concept known as the doctrine of the “fruit of the poisoned tree”. My understanding of this is that if, for instance, the police raid your home on a bad warrant (say they lied to the judge to get the warrant), that any evidence collected based on that warrant cannot be used against you. It’s the “fruit of the poisoned tree”, and so charges must be dropped.
However, this doctrine appears to not apply to the “orders” of the judge. In Graham’s case, he was arrested for violating the no trespass notice from the city that banned him from Central Square. He was let out on bail conditions that included no contact with a couple of parking enforcers. He was later arrested for walking through Central Square and talking to a parking enforcer. For this act he was charged with “contempt of court”. Then, last summer, the district court’s judge Edward Burke threw out the no trespass letter as unconstitutional and illegal. Since the no trespass letter was illegal, shouldn’t the contempt case be thrown out too, since the bail conditions were originally issued on a case based on an illegal no trespass notice? Maybe in a system actually oriented towards justice – not this one.
So, the contempt charge went to court this week and Graham was found guilty, despite a valiant attempt to defend the charge by Garret Ean. Graham will be turning himself into the Keene Spiritual Retreat, aka the county jail to serve 60 days. He will have five months suspended over his head for two years. All because the city police were handing out illegal no trespass orders. Yeah, justice! Here’s the full video of the trial:
It is actually “fruit of the poisonous tree” (not poisoned) and does not bar conviction on the charges but merely suppression of evidence collected.
The key is whether Graham violated his conditions prior to the trespass notice being ruled unconstitutional.
“Valiant attempt”? HA! He got his ass handed to him by the prosecutor and judge. You morons need to leave the lawyering to the lawyers, because you all suck at it.
$6700. Flushed. Again. You like high rent and property taxes don’t you?
At least he pays his taxes, unlike the FreeKeene assclowns. Their time is soon coming, However. I’m looking foward to when the town of Keene slaps a lien on that craphole flop house that FreeKeene calls a “church”.
You don’t see a problem with the original case being thrown out and yet the judges bs order isn’t? Man your public school must be so proud of you.
The “public school” putdown again. LoL. You really are a pathetic little man – or are you still a boy?
This is the same judge that calls a reporter asking a question about how taxpayers feel “Threatening” http://www.liveleak.com/view?i=1c7_1309967784
Don’t expect justice from his court room.
BWAHAHA… That moron is not a “reporter” – he’s just another one of the FreeKeene douche squad members.
Psst your public education is showing…might want to tuck it back in. Anyone can be a “reporter” under the law you seem to love so much. I recommend strapping a choke ball back over your mouths and just wait for the dominatrix to change the law for you.
LoL … that so-called “putdown” regarding public education is pretty lame. I’m guessing your issues stem from being repeatedly molested by male relatives as a boy – but I could be wrong.
assclowns like yourself are going to be forever railing against a political system you will never, ever be able to change.
Now go back to your minimum wage job and stop pretending that you have superior knowledge and education. I’m laughing at you, you sad little man.
At least he has an education, unlike yourself. I think maybe you should let one of your siblings have a turn on the family computer for awhile.
Wait, so because the prosecutor is technically inept and wasn’t “able” to open the videos, the guy isn’t allowed to put on a proper defense? She’s never had ANY problem with her “ability” to open/view videos on other cases when they benefit her, but when it’s something which may harm her case, suddenly she’s incapable of doing something she’s done dozens of times before? I smell a rat. The files which come off of their cameras are basic mp4 or AVCHD files, which are easily openable in virtually any video-playback software which are available on just about every computer on… Read more »
And yet he is still going to jail. Love it. Maybe if he hired a real attorney and not some freak show boy with no legal background to represent him, things might have gone differently.
Gram, Garret, and Ian please file a complaint against Burke. I know you don’t want to use the system but this is war. If you don’t want to use the system you should never turn your self in, you shouldn’t even comply with anything the judge/cop says or asks. If charged with a crime do nothing make them collect you and drag to the courtroom or jail. Showing up freely gives them legitimacy after all. So if your going to show up and try to fight them in their courts you might as well file a complaint against Burke. Use… Read more »
[…] of illegal, unconstitutional trespass notices from the folks calling themselves the “City of Keene” and the Sheriff. Stay tuned here to Free Keene for the latest on this case as it […]