Robert L. Lamontagne vs. The State of New Hampshire: An E-mail to an Assistant County Prosecutor

Now normally I wouldn’t be posting private e-mails between myself and an opposing lawyer working on a case I’m working on as I don’t find that generally to be very classy — but I felt it was appropriate to post an e-mail I sent to an Assistant Grafton County Attorney this morning.

The government has unfortunately been showing Rob and I about zero respect.  They are not communicating anything about anything…  and I’ve been working on this since January.

This is the e-mail I sent this to Assistant Grafton County Attorney Taylor Moult.

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Free stater Alec found not guilty in trial over possession of weed in town of Jaffrey: Cop can’t distinguish between legal CBD flower and illegal cannabis

Police officer: Scott Merrell

Gang member Scott Merrell testifies against free stater Alec in trial involving possession of weed

Charge: Non-criminal violation for possession of weed

Video: Watch the full trial video

On May 28th, 2023 at around 12:30AM free stater Alec was pulled over for speeding doing 51 mph in a 40 mph zone. After running Alec’s plate dispatch informed the officer that the vehicle was stolen. Officer Scott Merrell then proceeded to ask Alec to step out of the car based on a false belief the vehicle or registration were stolen.

During the trial the officer testified that “I saw what appeared to be a glass pipe in the operators lap with green vegetative flakes around him” and according to the officer when Alec stepped out of the vehicle the glass pipe fell to the ground.

After further investigation it turned out the vehicle was not stolen.

At trial the prosecutor questioned the officer asking various questions about the stop.

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Robert L. Lamontagne vs. The State of New Hampshire: Defense Filed Documents

After respectfully asking both the Grafton County Attorney and New Hampshire Attorney General to properly designate Robert L. Lamontagne a “victim” of criminal conduct due process violations and receiving literally no response from either Office — we are filing the following PETITION FOR WRIT OF MANDAMUS in the Sullivan County Superior Court.

A “writ of mandamus” is a judicial remedy practiced in common law legal systems where a court of equity has the power to order government officials to perform an act that is required by law.  I have identified the possibility of multiple crimes committed by government officials in Robs case and have communicated to the authorities the same.  They owe Rob a full investigation and the proper designation: a victim of state misconduct.

It is the State of New Hampshire that should be going out of its way to make things right with Robert Lamontagne.  We shouldn’t have to chase them around and force them to act through court actions.  They should be doing the right thing on their own accord.

I realize they are busy writing checks to YDC victims at the moment…  and the last thing they want is a class action group of people who were collectively screwed out of the right to a fair trial by repeated Brady violations forming an alliance and literally bankrupting the entire State of New Hampshire.

Governor Kelly Ayotte should step in to this Cheshire County Brady violation issue and order her Attorney General to conduct a full investigation.

** UPDATE 05/13/25 **

05/12/25 – ORDER from Superior Court Chief Judge Mark E. Howard transferring the case back to Cheshire County Superior Court.

05/13/25 – RESPONSE to the ORDER from Superior Court Chief Judge Mark E. Howard.