In district court yesterday morning, Keene Police prosecutor Jean Kilham seemed to be suggesting that because Derrick J was laughing during proceedings that he doesn’t deserve the right to concealed carry a gun. Derrick was clearly laughing at the absurdity of the violence brought against him during his Victimless Crime Spree, which was detailed in witness testimony today.
Derrick J’s attorney, Free State Project participant and former FSP vice president Evan Nappen, is known among defense attorneys in New Hampshire as the go-to guy for gun rights cases. Nappen did a fine job today and Derrick seemed very pleased with how he argued the case.
The Keene police argued that Derrick J is “unsuitable” to conceal carry, the big loophole word in the state’s “shall-issue” statute. While simultaneously admitting that it’s fully legal for Derrick J to carry a gun openly, they claim that due to a record of victimless “crimes”, alleged cannabis use, and suggested affiliations with violent groups, that Derrick J should be prohibited from concealing.
Burke ends the hearing and retires for the holiday weekend with a DVD of Derrick J’s Victimless Crime Spree as part of the evidence in the case. Perhaps he will sit down with the family this holiday weekend and watch the movie that he helped make possible. (more…)
A probable cause hearing was held yesterday in Keene district court in the case of State v James M. Phillips. Phillips stands accused of causing the hospitalization of Matthew “Yankee” Oldershaw after allegedly shoving or tackling him into the jagged granite which comprises the fountain in Central Square. During the hearing, sole witness Benjamin Nugent presented verbal accounts of his interactions with witnesses and analysis of video from the scene, including the only footage which partially captures the assault, as filmed by the currently incarcerated Free Keene blogger Rich Paul. Information presented which would normally be discounted as hearsay was admissible as Nugent recalled the statements of others collected over the course of his investigation into the incident. A public defender cross examined Nugent after direct examination from KPD prosecutor Jean Kilham.
A copy of the paperwork from the case reveals the bail conditions attached to the single charge of 2nd degree assault from the June 03 incident. An arrest warrant issued on July 11 was followed with instructions to not be present in Central Square, to have no contact with Matthew Oldershaw, and to refrain from the use of alcohol. A PR bail of $1000 was set on the day of the arrest.
Following yesterday’s hearing, judge Edward Burke found the state’s evidence sufficient to constitute probable cause for advancing the felony case to the superior court, where it will likely be heard before judge John Kissinger. Video from the hearing is available at Fr33manTVraw. Additional written coverage from the court by Martha Shanahan was published today in the Keene Sentinel.
With the exciting double parking ticket trial of AKPF #1 co-producer Garret Ean last week, the audience is treated in this episode to the complete and illustrated footage of the court hearing featuring infamous faces of the Keene criminal justice system. Judge Edward Burke hears the case brought forward by KPD prosecutor Jean Kilham, with AKPF agent Jane called upon as the sole witness. In this inquiry, we see how eager to object to anything and everything that the state’s representative is, and Burke also plays a significant role in tipping the hand of the defense on lines of questioning. Ultimately, most arguments are not permitted to be made, and the disproportionate fine of five dollars per offense is levied, though compensated partially in Obamacoin.
In the last update on Graham Colson’s case where he was arrested for violating an illegal “no trespass” order banning him from Central Sq., attorney Jon Meyer had trounced the people calling themselves the “City of Keene” in district court as judge Edward J. Burke sided with the defense and found “the City” had violated Graham’s right to due process. Burke delayed dismissing the case, however, to give the city attorney time to file a motion to reconsider.
Here is the motion to reconsider that they subsequently filed. In it, KPD prosecutor Jean Kilham argues that the court should reconsider dismissal because Graham previously had not challenged the validity of the no trespass order until now. Kilham is essentially arguing that because Graham was ignorant of his rights and the process until heroic free speech attorney Jon Meyer took his case, that therefore Graham should not be protected from the illegal order. Here’s Jon Meyer’s excellent response to their motion. Now the judge has asked the parties for opinion on if he should wait on a ruling from the US Supreme Court on an apparently unrelated case.
More as it develops. Stay tuned here to Free Keene.