I was recently notified of a hearing on the merits regarding my lawsuit against the City, Fred Parsells & Gary LaFreniere. This suit was filed in District Court of which Judge Edward Burke is the presiding judge. I filed two motions for Burke to recuse himself. A copy of the first motion can be found here, the other is below:
STATE OF NEW HAMPSHIRE
CHESHIRE, SS Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â 8TH CIRCUIT-DISTRICT DIVISION
Case No. 449-2012-SC-00278
Darryl W. Perry v. City of Keene
MOTION FOR RECUSAL
Darryl W. Perry moves this Judge Edward Burke to recuse himself pursuant to New Hampshire Circuit Court Rule 1.8-A. The facts supporting this motion are as follows:
1. On 06/13/12 Judge Edward Burke signed an Administrative Inspection Warrant which allowed Fred Parsells and Gary LaFreniere to violate my privacy.
2. This violation of my privacy is the reason for this lawsuit against the City, Mr. Parsells & Mr. LaFreniere.
Prayer for Relief
WHEREFORE, Darryl W. Perry, requests the Judge Edward Burke order the following relief:
Recuse himself from hearing this case and have the matter reassigned to a different judge, or
If this motion is granted, produce a written opinion regarding why pursuant to the argument made in this motion, Judge Edward Burke should recuse himself pursuant to Circuit Court Rule 1.8-A, and
If the motion is not granted, stay all proceedings for an interlocutory appeal to the New Hampshire Supreme Court pursuant to Circuit Court Rule 1.11; and
- Grant any other relief this Court deems just and proper.
Respectfully submitted,
Darryl W. Perry
08/28/12
I hereby certify that on the above date, a copy of this motion was hand delivered to the Keene, NH District Court.
Darryl W. Perry
