Chris recently received more than fifteen minutes of infamy when VICE news did a documentary about the hate-fueled protests a few weeks ago in Charlottesville, VA. Video of him spraying pepper spray in the middle of a fight between the protestors quickly surfaced and VA police issued multiple felony warrants for his arrest and he ultimately turned himself in. Despite having a history of attending court and no criminal history of violence on his record, Chris was denied bail, with the judge in the appeal actually citing his free speech, offensive as it is, as a reason for the denial! Judge Cheryl Higgins said, according to a paraphrase by Daily Progress:
while he may be a “shock jock,” his comments following the rally should not be ignored and “tend to show a certain level of approval of the violence that was used.
Chris Cantwell’s Fourth Try at An Attorney, Elmer Woodard
She then stripped him of the $25,000 bond option that another judge earlier in the same day had granted. This after an hours-long bail appeal hearing where Cantwell’s bizarre attorney actually had him take the stand to testify – generally considered to be a terrible legal strategy this early in a case. According to the Daily Beast, Cantwell’s attorney is Elmer Woodard:
who appeared in court wearing an early-1800s-style red waistcoat with gold buttons, bowtie, white muttonchop whiskers, black velcro shoes, and a a 1910s-style straw boater hat. Cantwell said Woodard was his fourth choice for legal counsel after three other lawyers declined to take his case.
Inept attorney aside, Cantwell’s racism and his violent rhetoric, while despicable and deplorable, is not reason to deny bail. Unfortunately, far too many people, even supposed libertarians who should know better, are applauding his political imprisonment. I caution you to remember the famous poem from the World War II era’s German pastor Martin Niemoller:
Chris in Simpler Times, Acting as Security for the Hallowkeene Dance Party in 2014.
First they came for the Socialists, and I did not speak out— Because I was not a Socialist.
Then they came for the Trade Unionists, and I did not speak out — Because I was not a Trade Unionist.
Then they came for the Jews, and I did not speak out —
Because I was not a Jew.
Then they came for me — and there was no one left to speak for me.
Whether Chris shot pepper spray aggressively or in self-defense remains to be seen. He’s supposed to be innocent until proven guilty. To keep him in pre-trial detention harms his ability to prepare his defense and anyone who cares about a fair justice system should be outraged.
State Representative Dick Marple again faced down Concord district court judge Kristin M Spath in their final round recently – his trial. At previous hearings and the trial, Marple has wowed observers by shouting at the judge and getting away with it as well as using long-talked-about court theories like refusing to cross the bar. (You can see his other hearings here and here.) He’s challenged jurisdiction from the beginning, and despite Spath’s ruling that she has jurisdiction, Marple still refused to participate in the trial they held for him on April 18th.
Instead he verbally sparred with Spath again for nearly 20 minutes before she proceeded with the show trial. Marple continued to refuse her invitation to cross the bar and sat in the audience through the state’s lone witness against him. Spath ended up taking the matter under advisement after the close of the state prosecutor’s case and later issued her ruling via a mailed order.
In the order, she found Marple not guilty of the misdemeanor “prohibitions” charge regarding his driver’s license, as the state neglected to present any actual evidence, but found him guilty of “driving after suspension”, sentencing him to $310 in fines, all suspended for six months on condition of Marple not getting any further moving motor vehicle violations in that timeframe.
Trial watchers had expected this light punishment for the 85-year-old state representative, who was able to get away with talking to a robed-person in a way that trial observers have ever seen. Most people who tried Marple’s approach would probably be arrested for “contempt of court” and thrown in jail. Was he able to talk back to the judge because Marple is a state rep? Perhaps because he’s elderly? Both?
Regardless, the big question now is whether or not he’ll appeal to the NH Supreme Court. Stay tuned here to Free Keene for any further developments!
Liberty Lobbyist Darryl W Perry, along with me and others from the Keene area went to the state house this week and last to testify on more legislation. The hearings are slowing down for the year, so we don’t have as much to show, but here are the videos:
SB 3 would make registering to vote more difficult for some people, like college students. Darryl W. Perry spoke against it in an exhaustive six-hour public hearing in the full state house chamber. Here’s just his testimony:
Marple has been charged for driving without a license and has argued that the court has no jurisdiction over him as he is not “operating a motor vehicle”, which he says is a legal term that only applies to people traveling for commercial purposes. Despite Marple filing an exhaustive legal memorandum outlining the various cases on which he bases his position, the robed woman cited her own court cases:
The New Hampshire Supreme Court has also consistently ruled that the operation of an automobile- upon a public highway is not a right, but” … only a privilege which the state may grant or withhold at pleasure …. ” State V; Sterrin, 78 N.H. 220, 222 (1916), citing Comm.v. Kingsbury, 199 Mass. 542. The Court, in State v. Sterrin, at 222, also cited State v. Corron, 73 N.H. 434, 446 (1905), which references a liquor licensee, by stating: “The statute confers a privilege which the citizen is at liberty to accept by becoming a licensee, or not, as he pleases. Having accepted the privilege, he cannot object to any conditions which have been attached thereto by a grantor with power to entirely withhold the privileges.”
Translation: “There is no right to travel safely on the roads without asking your master government’s permission first. We are in charge here and you’ll do what we say, or else.”
State Rep Dick Marple campaigns at the polls.
Spath then went on to have the trial date for Marple driving without the state permission slip set for April 18th at 12:45pm in Concord district court.
However, it doesn’t end there. Marple has since filed an 11-page “Affidavit of Truth – in Commerce – Second Demand” with the NH Secretary of State’s office and the court. In the affidavit, Marple challenges jurisdiction again, saying the court needs to show the signed “instrument” where he consents to their rule and further demands a jury trial. He says Spath’s stand on her alleged jurisdiction is an “abuse of discretion” and cites more court cases claiming that the state may not interfere in your personal business. He demands the case be dismissed with prejudice, saying that Spath’s claim that he voluntarily chose to acquire a license is false. Marple says he was under duress to contract for the license: (more…)
Several weeks after his roadside arrest for possession and trafficking of cannabis in Warren County, Ohio, Cop Block founder Ademo Freeman is out of jail! He announced the exciting news on last night’s Free Talk Live (click to listen to his call) that his bail had been reduced from $75,000 to $5,000, he’s finally been indicted, and one of his felony charges for possession was dropped. He is now facing two felonies, but the early charge removal and recent plea deal offer suggest that the prosecution does not want to take this matter to trial.
Now that he’s out of jail on bond, he’ll be able to better prepare for his trial, unless they offer him an even better plea deal, which he has indicated he’d be willing to negotiate. Stay tuned here to Free Keene for the latest.
Virgil Vaduva and Ademo Freeman, After Ademo’s Release!
Just a few weeks after his last appearance in Concord district court, state representative Dick Marple returned Friday afternoon for a nearly 40-minute hearing where he explains his views on why the court does not have jurisdiction over him, among other things.
Marple was arrested as he was campaigning for re-election at the polls in Hooksett, on a “failure to appear” charge relating to a charge for driving while his license is suspended. Marple believes he is not subject to the motor vehicle regulations, as they only apply to automobiles used for commercial purposes. He has citations to back his case (click for PDF of his legal brief filed with the court), but so does the state’s prosecutor.
It’s one of the most interesting cases in recent memory because for a long time we’ve heard all manner of similar claims to what Marple is saying, but virtually none of the courtroom theorists like him have any evidence they’ve actually tried their theories. (Longtime readers of Free Keene may recall I was arrested in Keene district court for “contempt” a decade ago for trying some unusual legal theories out.) At his last appearance, in front of a full courtroom of average court victims, Marple got away with things for which most people would be arrested for “contempt”. Friday, he once again refused to cross the bar, and raised his voice with judge M. Kristin Spath multiple times. However, this time the court scheduled the hearing for 3pm on a Friday when no one else would be around to see it. Thankfully, liberty activists had been given a heads-up the night before, so a small crew headed up from Keene to witness and record the hearing:
