New Keene District Court Judge Erin B McIntyre Smacks Down Prosecutor
Keene, NH business owner Christopher Waid received a parking ticket when he was downtown in late 2017 and immediately went to the parking department in the city building to demand his right to a trial. While inside the building, he received a second ticket on his car! He also immediately filed for his trial on that one. The double ticket trial was slated for early April and would involve two of the three Keene parking enforcers, meaning they couldn’t be on the streets victimizing other peaceful motorists if they are sitting in a courtroom! Even if Chris had lost the trials, just keeping the enforcers off the streets for a couple hours is a win on its own.
Chris entered the Keene District Court to face down the charges on April 9th and emerged victorious, with both tickets dismissed by new Keene judge Erin B McIntyre. (Longtime district court judge Edward J Burke is recently semi-retired and is only doing fill-in work.) Chris brilliantly challenged both parking tickets on technicalities. The first ticket was thrown out by McIntyre because the location of the alleged offense was not correct and the second ticket was tossed because parking enforcer Linda Desruisseaux lazily cited the wrong section of city code. Many judges would have simply allowed the prosecutor to amend the tickets upon request but McIntyre wasn’t letting the prosecutor have any slack! The exasperated Keene police prosecutor, Eleanor Moran, upon the second dismissal vowed she’d be filing a motion to reconsider, however she never did, according to court records. Here’s the full trial video:
There are a couple of important lessons here. (more…)
In April of 2017 Darryl and I were traveling back to Keene from Taco Beyondo in Hillsborough (they accept Bitcoin Core and DASH, by the way) and were waylaid by four armed, uniformed men. They surrounded the car and issued a written threat over what they call “misuse of plates” due to the Shire Society plate on the back of the car at the time.
This video contains the original pullover from April 2017, the full trial at Hillsborough District Court in New Hampshire in January 2018 and then the sentencing hearing from February 2018.
I was found guilty and sentenced to twelve hours of community service – but I had fun asking the cop some interesting questions in court. Enjoy the video:
Attorney Dan Hynes, also an A+ rated state representative by the New Hampshire Liberty Alliance, appeared in the New Hampshire Supreme Court on Thursday morning and pointed out the absurdity of prohibiting female toplessness, absolutely eviscerating the city of Laconia’s clearly discriminatory ban. In contrast, the state’s attorney actually argued that it was an issue of morality as she simultaneously admitted that a woman could wear pasties over her nipples and then it would be legal, even if the pasties were printed photos of nipples!
Are there really people who believe that the sight of nipples on a woman is immoral, but because it’s legal to cover them with photos of nipples, then it’s now moral?
Further, what exactly is immoral about female nipples being shown in public?
In case you missed it, here’s the original Free the Nipple trial from the original Gilford arrests (the case prior to this one, where the ladies won at the district court level). Hynes does an excellent job and the entire thing is pretty entertaining: (more…)
As stated in the ACLU-NH’s motion, during these border patrol checkpoints, the Woodstock Police Department (“WPD”) and the New Hampshire State Police separately worked in concert with United States Customs and Border Protection (“CBP”) to circumvent the independent protections provided by the New Hampshire Constitution against dog-sniff searches in the absence of a warrant or reasonable suspicion. Specifically, federal CBP agents used dog-sniff searches in situations where New Hampshire law enforcement would have been barred from conducting similar searches. Resulting evidence from these federal searches was then turned over to state law enforcement for drug prosecutions. (more…)
2020 is a long way off, but longtime presidential contender Vermin Supreme isn’t resting easy. His attorneys filed a civil suit against the City of Concord, NH and some of its bureaucrats on Friday in the federal district court over Concord’s denial of a permit for a pony protest.
According to the thirteen-page suit, Supreme had requested a permit from the city bureaucrats to protest outside Gibson’s Bookstore where Hillary Clinton will be holding a book signing event on Tuesday, December 5th. Supreme’s plan was to bring ponies to the public property near the bookstore in protest. From the suit:
Part of Mr. Supreme’s long standing campaign platform has centered on socialized distribution of equine companions which some have interpreted as commentary, satire, and political parody about a political system that rewards candidates who promise free benefits without discussing cost or practicality.
A bureaucrat with the Concord Health & Licensing Services Department, Eugene Blake, told Supreme’s agent that there were no general restrictions on having ponies outdoors at that location and that ordinarily he would grant the permit to have ponies at that location. However, Blake admitted the Concord police directed him not to grant a permit for the ponies on that day, and at that location, specifically because no one wanted to interfere with Clinton’s book signing.
While I’m generally opposed to asking permission to exercise one’s rights, Supreme doing so has managed to allow the city gang in Concord to back themselves right into a free speech violation. Whether that was Supreme’s intention or not, now they’ve been sued for violating the free speech provisions of the US Constitution and NH Constitution as well as the right to due process. The suit further alleges that not only was Supreme denied the permit but the bureaucrats did not provide any administrative process for appeal of the decision.
Supreme and his attorneys are requesting damages, attorneys’ fees, an injunction forcing the city to issue the permit, and a trial by jury. Stay tuned here to Free Keene for the latest.