On March 16 of this year, I received a parking ticket while parked on Winter Street. After looking at the ticket, I realized that the ticket was written before the meter was supposed to have expired. I had parked at 1:00pm and put enough money in the meter to cover the next 1 hour and 6 minutes. The ticket was written at 2:05:57. A few days later, I went to the Police Department stating that I would like to challenge the ticket. A Pre-Trial Conference (PTC) was set, and I motioned to waive the PTC. A Hearing was then scheduled for June 12 at 9:00am.
I arrived at the District Court at approximately 8:40am and at 8:50 was called by the Clerk to go into the “small room” near the lobby. I can only guess that Judge Burke did not want everyone in the main court room to see the trial.
The only witness against me was Jane McDermott, the Parking Enforcer who issued the ticket. During cross-examination I asked how, since the meters aren’t calibrated, she knew the meters kept accurate time, she stating that she doesn’t know, but if the batteries are bad, they replace them. I attempted to make a statement and was told that I would have to testify in order to introduce any “evidence,” so after the “City” rested it’s case, I was sworn in. I stated that on the date in question, I had parked at 1:00pm and put enough money in the meter to cover the next 1 hour and 6 minutes, which meant the meter should not have expired until at least 2:06 (and some seconds). Since the ticket was written at 2:05:57, I was shorted some amount of time that I was owed.
Judge Burke then said “Since the burden of proof is on the City to prove guilt beyond a reasonable doubt, I am marking a finding of not guilty.”
The first hearing of the civil action filed by the “city of Keene” against myself and five others, alleged to be associated with Robin Hood of Keene, commenced earlier this afternoon. (Full video here) Despite the city’s numerous written pleadings for urgent action to be taken by the court, the issue of whether a preliminary injunction would be granted was not entertained. Instead, the judge requested optional positions from both sides on the constitutionality surrounding the proceedings, granting twenty days to file additional paperwork before a full evidentiary hearing would be scheduled. The city’s attorney Tom Mullins did not make much effort to obtain the emergency injunction he had sought after Ian Freeman’s motion to dismiss became the primary subject of today’s hearing. Ian is the only individual of the six named to have filed additional motions with the court, the five others only having responded as was obligated of them through answers to the city’s initial filings. Sought by the nebulous “city of Keene” through Mr. Mullins is a fifty-foot barrier between those who participate in Robin Hooding (or in Pete Eyre’s case, are somehow vaguely associated with Robin Hooding) and the city’s three parking enforcers.
Handed to the defendants by Mullins upon entry to the court was a new memorandum repeating the city’s position and dated June 11. Attached to the back of this new memorandum, which Judge John Kissinger asked not be considered before defendants have ample time to respond, was a faux-order from the court presumably penned by Mullins, which leaves a blank space for a signature if the court were to issue it.
During today’s hearing Judge Kissinger rightly asserted that at the full hearing, evidence would need to be brought forward supporting claims against each of the six individuals, prompting Mr. Mullins to allege that the defendants were not just “any group of individuals”, but a, “collective group”. Mr. Mullins reiterated his assertions that the intention of participants in Robin Hooding is the elimination of the city’s parking department by means of “harassing and intimidating” parking enforcement officers, which presumably constitutes a criminal act under NH RSA 642:1, Obstructing Government Operations. (more…)
Thanks to Jacqueline Palochko from the Keene Sentinel for live tweeting during the hearing today. Stay tuned here to Free Keene for a write-up, coverage by other media, and full video.
Retaining the monopoly on “justice”, the government’s courts have a way of interrupting one’s life with their arbitrary demands. In civil court, unlike criminal, the burden of proof is not upon the state, and one is obligated to defend themselves or face a default judgement without any input from the defendant. While on vacation in Montana, I had to take time out of my travels to entertain the city of Keene’s court jester with a response to his lawsuit filed against myself and others for having filled expired parking meters in downtown Keene. In this quick update from Bozeman, Montana, I submit my homework to the court via certified mail.
The next obligation placed upon those alleged to be associated with Robin Hood of Keene is a physical appearance in Cheshire county superior court on Tuesday, June 11 at 2:30. See the original ludicrous lawsuit paperwork here, and my required response penned in legalese here.
Rich Paul bravely faced down 100 years in prison to stand up for principle and attempt to hasten the demise of the insane war on drugs. Yesterday, Rich was sentenced to one year in county jail, many more suspended in prison, a three year probation, and fines.
At the sentencing hearing the court heard well-researched and passionate speeches from defense attorney Kim Kossick, Rich’s parents, and Rich himself:
You can see raw video below of Kim and Rich’s parents’ speeches as well as a ridiculous beginning portion where judge John C. Kissinger enters the court and immediately threatens the audience regarding cameras. (more…)
Back in October 2012, I was arrested for recording video in the town hall of Palmer, MA. The arrest was clearly illegal, but that didn’t stop Palmer Police officer Raymond Tenczar from putting handcuffs on me, then putting me in a cage. After all, the legal council for the town had told them they could and they’d even posted hastily-printed signs on the building that morning that prohibited recording. They didn’t want a repeat of 2011, where CopBlock‘s Pete Eyre and I walked all around the building, recording and asking the bureaucrats tough questions. (We were there to view a tax sale and support our friend Jay Noone who was having his home stolen by the people calling themselves the “Town of Palmer”.)
Their plan would have worked if it weren’t for those pesky liberty activists and the ACLU of Massachusetts!
Not only did Palmer district court eventually dismiss the “disorderly conduct” charges “with prejudice” (meaning they can’t bring them back against me), but the town bureaucrats paid out $5,000 as a settlement.
Takeaways from the experience:
1. Just because bureaucrats print a sign saying you can’t do something, doesn’t mean you can’t do that thing. They are liars.
2. Don’t stop recording. Be polite about it, but stand your ground. (more…)
