The case dates back to 2010 where Carla was arrested for recording a traffic stop in Weare (home of notoriously corrupt police who have arrested other activists for the same). Police dropped the charges against Carla before trial, which included a “wiretapping” charge. Carla, with the help of liberty attorney Seth Hipple, sued in federal district court. Her suit alleged the Weare police violated her rights, particularly those ostensibly protected by the 1st amendment to the US constitution. Weare PD motioned the district court for “summary judgement” based on claimed “qualified immunity” protecting the officers from liability. The district court denied them qualified immunity, so Weare’s attorneys filed an “interlocutory appeal” to challenge the district court’s decision.
The 1st Circuit US Court of Appeals is the same court from which the Glik decision emanated. Glik is cited multiple times in the 21-page Gericke decision as evidence that the right to record government workers, especially police, is protected by the 1st amendment. The court’s decision makes it clear that the officers do not have “qualified immunity” because they, were they acting as reasonable officers, should have recognized Carla’s right to record the scene.
The appeals court ruled in Carla’s favor and now the case goes back to federal district court to proceed ahead in civil court, with the officers not protected from liability by “qualified immunity”, a protective shield typically given to bureaucrats supposedly to protect them from personal liability from mistaken decisions. Unless the case is settled by the town of Weare or PD, it will proceed. Stay tuned for the latest.
Today’s controversial Cheshire TV weekly installment features a variety of diverse perspectives in media dating from as recently as two days ago to as far back as four years ago. Budgetary hearings come full circle as performance artists dominate in the state house, baked drivers take to the obstacle course, the world’s history is relayed with eggs, and anti-chalk hooliganism takes hold in Keene.
00:00 – Warning disclaimer to Cheshire TV audience
00:10 – I’ve Seen the Future monologue
03:41 – History of the World as told by Eggs
11:13 – Corporate News presents stoned drivers taking to the roads, safely
16:27 – The anti-chalk apocalypse, war on smiley faces genocide (de agua)
22:44 – The Law’s Coming, hell’s coming performance art
26:12 – Derrick J files some motions at the court
28:50 – End disclaimer segment
The issue at law is the question of whether the judge’s jury instructions violated the statute that makes the defense of “Jury Nullification” permissible in New Hampshire. See you there!
Jury nullification outreach has started up again in Manchester NH. Jury nullification outreach is activism with the purpose to inform jurors of their rights as a juror. A jury can serve as a check on the law itself if a law is unjust. Every two weeks jurors are selected at the Hillsborough County Court House in down town Manchester NH. There were five activists that showed up two weeks ago to hand out jury nullification pamphlets. This week we had four activists including myself, Riaz Kahan, Kurt Thomas, and Amanda BillyRock. There were two different pamphlets being handed out. The pamphlets are available from fija.org and nhjury.com The following dates in which future jury nullification outreach will take place will be on May 19th, June 2nd, and June 16th at 7:45 am located at 300 Chestnut st, Manchester NH.If you are in the Manchester area and wish to participate, meet us at the court house. All are welcome to join.
Legendary activist and Free Keene blogger Rich Paul appears on the Rebel Love Show, where he spills his guts about a life of civil disobedience and the high cost he has borne because of it.
Local computer repair / networking business owner Michael Gordon refuses to take the plea on an “Uninspected Vehicle” charge. Here’s the video from his “pre-trial conference where state trooper Scott Ellis attempts to get Michael to take a plea (that’s essentially the purpose of a pre-trial conference). Michael refuses the plea and so the case will go to trial.
![Gericke_Carla2008[1]](https://i0.wp.com/freekeene.com/wordpress/wp-content/uploads/2011/04/Gericke_Carla20081.gif)
After multiple court decisions favoring Keene liberty activists, the wins just keep coming, now with the US Court of Appeals (1st Circuit) ruling in favor of Free State Project president Carla Gericke in her case against multiple Weare police officers, the Weare PD, and the Town of Weare.
Oh, and guess who is Weare’s attorney in this case? None other than Charles P. Bauer, the very same Charles Bauer who cashed in (and continues to cash in) on the City of Keene’s failed lawsuits against Robin Hood of Keene.
jury nullification pamphlets. This week we had four activists including myself, Riaz Kahan, Kurt Thomas, and Amanda BillyRock. There were two different pamphlets being handed out. The pamphlets are available from 
