Today Joa is filing his MOTION TO DISMISS #2 based on the theory of “Entrapment by Estoppel” and New Hampshire RSA 626:3 II. These arguments are now in writing to preserve them for appeal to the New Hampshire Supreme Court should a trial be held and things not go our way.
Interestingly, Attorney George Wattendorf (who like I have said multiple times, has been very cool to work with) who represents the Hillsborough Police Department, has taken the position that Joa’s criminal trespassing is completely separate from his denial of the right to film. We are of the opposite opinion. This will be a judgement call for Judge Susan Ashley when we go to trial.
What do you think?
I would like to extend a huge thanks to New Hampshire Judicial Branch General Counsel Erin Creegan who awesomely took the time to hunt down the authorization forms we were looking for. My experience in dealing with court staff and Judicial Branch officials has been nothing but stellar. These people truly have wanted to help at every turn.
