by Ian | Aug 23, 2022 |
NH Jury Rights
The motions and objections in the Crypto Six case are starting to fly back-and-forth. Recently, the defense attorneys for me and Aria DiMezzo filed a “Notice of Public Authority Defense“, saying that we had relied on a legal memo from attorney Seth Hipple that cites the New Hampshire Banking Commission stating that they don’t regulate person-to-person cryptocurrency sales. Today, the dishonest federal prosecutors filed an objection to that and a motion to exclude the evidence, arguing that the statements of the NH Banking Commission are irrelevant to the case, since the charges are federal.
Though their primary argument is that the NH Banking Commission’s opinion is irrelevant, they later admit their real fear is the jury might nullify the charges if they knew the actions are legal in New Hampshire:
Alternatively, if the evidence is relevant, it should be excluded under Federal Rule of Evidence 403, because its introduction would be unduly prejudicial to the government and invite jury nullification.
Jury Nullification is your right to judge the law itself, instead of the facts in the case. Nullification is an established right of jurors that governments across the United States, especially in federal courts, attempt to suppress. It’s no surprise that the prosecutors are worried about it here, as Aria and I certainly did no harm to any other soul and a jury who knows they are free to use their conscience to render a verdict, may very well throw out the entire case.
The next step in the trial is Thursday September 1st at 10am in federal court church in Concord, where multiple motions will get hearings, including a motion to dismiss the “money transmitter” charges and a very interesting motion arguing the government should be prevented from introducing blockchain analysis expert testimony as their methods cannot pass the scrutiny required to be admitted as evidence in a case.
by Ian | Aug 3, 2022 |
Nobody
In a recent post here at Free Keene, Chris Waid presented his notes from the sentencing hearing for Nobody as a, “Big win for Mr. Nobody“. This is ridiculous spin. For those who didn’t hear the news, my co-defendant Nobody was recently sentenced to “time served” of approximately six months in jail as well as $2,100 in fines and fees, a forfeiture of $10,000, and two years’ probation. He had taken a plea to one count of “wire fraud”, despite not having defrauded anyone. Like the other Crypto Six defendants, he was intimidated into a plea deal by the threat of further charges.
Whether or not he took the plea and even if he went to trial and “won” on every count – as Aria and I are hoping to do – it would not be a “win”. As Mark Stevens put it in his book, “Adventures in Legal Land“, whenever you are targeted by the state, it is a loss. Even if you “win” and defeat the charges, you still lose your time. You still lose your ability to focus on things that are actually important to you instead of focusing on a criminal trial and the stress of bail conditions and the government’s axe hanging over your head. Basically, when they bring charges against you, you are going to lose – the only question is how much?
In Nobody’s case, he went through a horribly and unnecessarily violent pre-dawn raid on his home, spent several months behind bars, most of a year on restrictive bail conditions, and now is having his personal finances decimated. He has nearly nothing left after paying their extractions, is now a federal felon for life, and is still under multiple probation restrictions for two years. All of this damage has been brought upon him simply because, as he described it, he was convicted of, “contempt of bank”. It’s great that he doesn’t have to go back to prison, but this is not a win.
In other Crypto Six news, the remaining two defendants, Aria DiMezzo and me, have had motions filed by our defense attorneys, including a motion to dismiss the “money transmitter” charges, a motion to block the prosecution from using blockchain analysis experts, and a notice of a “public authority defense”. The hearing on these motions is set for September 1st at 9:30am at Concord Federal District Court Church.
by Mr Penguin | Jul 30, 2022 |
On Thursday July 28th judge Joseph N. Laplante concluded the sentencing hearing for Crypto6’s Mr Nobody with a ruling to the maximum degree possible in his favor, and below is a run down of the defenses, prosecutors, and judges thoughts and arguments.
For more detail of what happened and a bit of a backstory on the sentencing check out Freedom Decrypted episode 170 where we covered the pre-sentencing motions that went into the variance granted (or in other words the request to reduce the sentence below that typically authorized by the sentencing guidelines).
The notes from the sentencing hearing are as follows:
– Mr Nobody is pleading guilty to a single count of wire fraud
Judge opens with a speech on the sentencing guidelines being the guiding force behind determining the sentence, but are not a hard rule to be followed, and he can sentence Mr Nobody outside of the guidelines.
There is a sealed pre-sentencing report that was created by the court of which came to 26 pages in length. Unfortunately due to certain information contained within it is sealed, but this is for Mr Nobody’s benefit and it may be that this report can be released by him and/or released by him with appropriate sections redacted. While this may not be relevant to Mr Nobody’s sentencing report the type of information that can be included includes information such as histories of mental illness that would be inappropriate to release to the public. Our opportunity as the public therefore to be outraged by the malicious, manipulative, or outright lies contained in it must therefore be reserved till a later date.
Possible outcome based on sentencing guidelines and guilty plea:
The guidelines recommend:
– 10 to 16 months imprisonment
– 2 to 5 years of supervised release
– A fine of $2,000 to $1 million dollars (more…)
by Ian | Jul 22, 2022 |
Despite having even more people at previous hearings for the “New Hampshire Nine“, this week a robed woman at the Concord District Sham Court Church ordered all of the audience out after a CO2 meter alarmed during a hearing on the NH9’s motion to dismiss. During that time, an infamous bailiff named Peter Hamilton laid his hands on Terese Grinnell and there was much commotion. The robed woman could not understand how her kicking people out of the court was a violation of their right to witness the supposed “public” courtroom happenings, but eventually was persuaded to allow people back in and open the courtroom doors.
It was ridiculous. One bailiff claimed the CO2 detector had been placed in the court last week, while another claimed it was last August. A review of footage of the prior hearing in April does reveal the device was present, but it’s inconclusive as to whether it was on. Regardless, a quick web search shows that CO2 isn’t considered dangerous until 5,000 Parts-Per-Million (PPM). In this video, the bailiff appears to shut off the device when it alarms, then less than ten minutes later, he powers it back on and it reads around 958 PPM, so presumably it was set to alarm at 1,000 PPM. According to the WI DHS, the worst that would happen up to 2,000 PPM is complaints of drowsiness or poor air.
It seems pretty clear the device was installed specifically to give an excuse to repress the right of the people to observe particularly popular court cases. The situation was especially absurd given the robed woman – who is supposedly so concerned about CO2 – was wearing a mask over her face the entire time.
The infamous bailiff, Peter Hamilton
The hearing itself was fairly dull as the attorneys for eight of the nine, excluding Frank “Footloose” Staples, made their arguments that there was no disruption at the executive council meeting prior to the arrests of the peaceful activists. They played surveillance video provided by the prosecution, but the audience could not see it due to it being on a laptop. Footloose says he will release it when he’s provided a copy, as he is a pro-se defendant, so he should get all discovery in the case. He was the only defendant not participating in the motion to dismiss, as he says he wants his trial.
The defense attorneys’ argument is that given there was no disruption prior to the arrests of Footloose and Grinnell, the other arrests were essentially “fruit of the poisoned tree” and should all be thrown out. Before the hearing ended, prosecutors did drop the charges against one of the nine, admitting she should not have been arrested. The prosecutors are claiming there was disruptive behavior prior to the arrests, so the video is now in the robed woman’s hands and she will take it under advisement and issue a ruling later. Meanwhile, a status conference is scheduled in the case for October 7th at 11am. Stay tuned to Free Keene for the latest on the New Hampshire Nine.
by Ian | May 19, 2022 |
Skylar Bennett aka Savage Truth 603
Skylar Bennett, aka “Savage Truth 603” was arrested in December 2020 at New Hampshire governor Chris Sununu’s house during what was intended to be a candlelight vigil. Simultaneously, nine other people were ticketed for violating an unconstitutional town ordinance against “picketing”. So far, all the people charged with picketing have been found “not guilty”.
Skylar, who faced trial for not just “picketing”, but also “disorderly conduct”, and “criminal trespass” earlier this month, has been found “not guilty” on all charges!
It’s an amazing victory and proof that the state’s targeting of the activists protesting at Sununu’s home is so illegal that not even the lowly district court judge can rule in the state’s favor.
You can watch the full trial from the courthouse in Brentwood, NH below:
At least two other people remain charged with “picketing”, one who was the last of the Nine ticketed in December, and one man charged with it during a “honk brigade” event in 2021. Stay tuned to Free Keene for the latest on the “Newfields Nine”.
by Ian | Apr 30, 2022 |
Mr Bitcoin & Bitcoin Gandhi Visit Federal Reserve Bank Of Boston In Support Of The Crypto6
The last month has been a busy one in the “Crypto Six” case. First, three of the Six took felony “wire fraud” plea deals after prosecutors threatened to load them up with even more victimless “crime” charges. Even though no one was actually defrauded out of any money or property, the three – Renee and Andy Spinella and Nobody – agreed to become federal felons, reluctantly admitting guilt to one count each of “wire fraud”, despite no one actually being defrauded out of money or property.
Unfortunately, even though the three are completely peaceful, honest people, now they will be saddled with felony convictions that makes them look dishonest. It’s understandable though, why they would take such a plea. The federal gang is a scary bunch of people and they know how to intimidate. Even when a defendant did nothing wrong, that doesn’t mean a jury will do the right thing and set the accused free. The supermajority of people charged criminally at the state or federal level will take the plea deal, simply because they see it as a way to make their suffering end. Or at least, so it seems in the moment. While it may end the current prosecution, it sets them up for failure later if they are ever arrested again, as then they have a felony conviction, so the next sentence will be even harder.
Though federal juries have surprisingly issued some “not guilty” verdicts in recent years, like the verdicts in the Michigan governor “kidnapping” cases and the Bundy ranch cases, generally juries are pretty obedient to the state, so it’s highly risky to take a case to trial. Plus, federal cases are frequently biased against the defense, like that of Ross Ulbricht, where they weren’t able to call many witnesses or make the case they wanted. So, I don’t blame my friends for admitting to “crimes” they didn’t commit just so they can have some predictability as to what is coming next for them. Nobody is expecting a verdict of “time served” for the six months he did behind bars last year prior to being granted bail in September. Renee is facing up to 18 months in prison and Andy is expecting some amount of probation, or so I hear. I’m still not allowed to speak with my friends under my bail conditions. Their sentencing dates are in late July.
The fourth of the Crypto Six, Colleen Rietmann, co-owner of Mighty Moose Mart in Keene, has had her charges dropped. Perhaps the feds did not want to be seen prosecuting a grandmother in front of a jury at the same time as they are trying to allege that Aria DiMezzo and I were victimizing elderly women caught in romance scams online.
NH’s Unmatched Bitcoin Community
Curiously, during one of the plea deal hearings this month, the prosecutors admitted that there were no damages to the “victims”, so they couldn’t ask for any restitution as part of the sentencing. How exactly then were these banks “victimized” by fraud if no money or property was lost? I guess we’ll find out when the case goes to trial this November. As Nobody put it, he has been convicted of “contempt of bank”. Apparently it’s felony charges with up to 30 years in prison for anyone who hurts the banks’ feelings in the “free” country of America.
While it’s no fun to be under highly restrictive bail conditions – I have an ankle monitor on for nearly a year now – at least now all the feds’ cards are finally laid on the table and now we can construct our defense.
The Crypto Six case is an attack on our freedoms. It is an attack against freedom of speech, freedom of religion, libertarian activists in New Hampshire, and against cryptocurrency like Bitcoin. While we are not the first to be accused of victimless “crimes” for spreading Bitcoin, nearly all of those so accused in the past have taken the plea deals, out of fear for what could happen. Aria and I are going to trial and so the feds will actually have to put on their case for the first time, in a desperate attempt to prop up the ever-inflating US Dollar and the banking cartel. Bitcoin is not a crime!
