We started a second Chip-in as the first one ended before we intended it to. A small of $5 or $10 will help Tommy and I recoup our costs for the initial phase of the case.
Please consider donating if you haven’t been so kind already. 🙂
Yesterday I received mail addressed to Ean Garret from “9th Circuit – District Division – Manchester” court. The title of the piece read, The State of New Hampshire and Ean Garret. I took note of the fact that the State had deescalated its language in addressing me — their paperwork no longer read State of New Hampshire versus Myself. A two page letter, signed on a third page as So Ordered, Judge William H. Lyons, affirmed the State’s inability to prove that I had violated either of two charges under NH RSA 644:2 on June 4th, when I was swept up in Manchester PD’s Chalking 8 incident. I was taken into custody, according to arresting officer John Patti, for refusing to move from a public area of the sidewalk when ordered. The judge determined that there was no basis for the officer to make this arrest under RSA 644:2. A violation for impeding potential pedestrian traffic is not authorized under the already broad disorderly conduct statute. While specific city ordinance violations allow police to ticket those who impede pedestrians, the New Hampshire criminal code does not. The State made no attempt to prove that I was even in the crime scene which one of the charges alleges I had interfered with, as John Patti barely remembered any of his multiple interactions with me.
Despite my victory, one of the two people arrested simultaneously with myself, Pete Eyre, was found guilty at the non-criminal violation level of one of the two charges. Interestingly enough, the charge he was convicted on was not the reason for his arrest, but was attached later. John Patti, who ordered Pete’s arrest but was my arresting officer, arrested us for allegedly refusing an order regarding a city ordinance violation. Neither the order nor the basis of the order were substantiated in court, yet Pete was, retroactively, in a sense, found guilty of having been in the “crime scene” and having been ordered out of it. The disorderly conduct statute is so over broad that you are automatically guilty at the violation level if you have been given what is considered a “lawful order”. By refusing the order, you are then guilty at the criminal level. (more…)
Today at Concord District Court, I had attempted to audio and video record a hearing at the defendant’s request. I was given last minute notice, and ended up missing the brief hearing by the time I had arrived. When I entered the courthouse, I did not appreciate that security had disarmed me of my harmless accountability mechanism, the camera. They also took my tripod, and would give me back none of my equipment until a judge gave me permission to act as the press.
To protest the violation of my first amendment right, I exercised different first amendment rights outside. Utilizing my speech, I chalked out against the press restrictions practiced by the monopolist court officers. I was almost finished when the head of court security exited the building and asked me to stop chalking and leave. He implied that I was doing something illegal, but never spelled out exactly what. He even identified himself as a police officer. Due to some NH court’s crackdowns on press freedom, in the more restrictive venues it is rare to see a court security officer in action, especially outside of his normal domain inside the building.
Last week I blogged about camera bans and lack of accountability from those working inside Cheshire Co Superior. Included in that post was a video of several journalists who sought comment from a continually aggressive bailiff, B. Tebo, and others employed by the court. The media was present up to the last day of business before the holiday, and will again after the holiday.
The last day, December 23rd, Derrick and Ian were waiting for bailiffs and judges to come to work, in order to ask them a few questions. The weather was a bit harsh, compared to the past days, so the duo decided to stay in the car. That’s when Caleb came into work – he’s a sheriff – and threatened to tow the car for being parked in the judges spot. Even though no complaint had been filed, no judge was being kept from parking there or the fact that three other stalls were still open for judges. Either way, Derrick and Ian par took in a great copblock, check it out.
“Let me get this right; you guys went into the court house and harrassed this guys, taunted him and antagonized him, followed him around and wonder why they’re reacting to that?”
No, you don’t have it right at all, actually. (more…)
Nemi Jones, a New Hampshire native, and inhabitant of the Keene area for nearly 20 years was in court this week when security agents 
