Last Friday I got an email from Brandon Ross, my awesome pro-bono attorney, who informed me that Michael Valentine – who works as the District Attorney for Hillsborough County – has charged me with three felony wiretapping charges. Yes, these are the exact same charges as I was previously convicted of but were overturned by the Supreme Court earlier this month.
The evidence of the defendant’s willful mental state at the time he recorded the conversations was far from overwhelming. Thus, there is the very real prospect that the jury would have returned different verdicts had it been properly instructed. Cf. United States v. Paul, 37 F.3d 496, 500 (9th Cir. 1994) (finding the plain error test satisfied where the district court improperly instructed the jury on the different mental state requirements of voluntary and involuntary manslaughter, for in doing so the district court “created a substantial risk that [the defendant] was convicted of voluntary manslaughter, even though the jury may have believed the killing was neither intentional nor extremely reckless”). To allow the convictions to stand under these circumstances “would seriously affect the fairness and integrity of judicial proceedings.” Guay, 162 N.H. at 384. Accordingly, we reverse the convictions and remand for a new trial.
This Wednesday at 1pm I’ll walk into district court in Manchester, New Hampshire so a judge can decide when I’ll go to jail. Why? Well the start of all this was June 4th, 2011 when I used children’s chalk on a police station. Since then I have been found guilty at a trial by judge. Wanting to speak to a jury, I appealed.
Like many years in the past, Free Keene Fest will be happening again this Saturday from 1pm – 5 pm at Railroad Square — that’s across from Corner News and next to Local Burger for visitors. This year’s event will have all the similar fixings like vendors, games, music and free stuff! Below is a flyer I’ve left at a few local business as well as passed out in the street (sorry if I left this on your car, I hoped you’d want to attend/know about the event).
Check out the flyer below (thanks Beau Davis) and we hope to see you there.