As of Monday, December 12, it was confirmed that the court had received homework assignments from both parties in the case of State v. Garret Ean. At the end of the trial, the judge had asked for legal memos to support arguments made by both sides. Though I would have much preferred a ruling on the spot, in retrospect I am glad that the judge gave me a chance to formulate written arguments to demonstrate the State’s lack of a case. Just through questioning John Patti, I was only able to reveal so much about the case. The memo assignment enabled relevant details to be organized into a single presentation.
The prosecutor’s memo struck me with its unnecessary thickness. The memo was organized to the extent that it begins with legal arguments, but more than half of the final documents in the 79 page submission are completely irrelevant details obtained from house and senate hearings on the disorderly conduct statute in 2005. Much like the discovery packet, and a great portion of the Chalking 8 case itself, the State is throwing papers at the problem until one of them addresses the issue. With more Chalking 8 trials on the horizon, the State’s evidence will grow flimsier as the first not-guilty findings begin being issued. Rulings are expected to roll in around the new year.
See my two page memo striking to the root of the matter, and Attorney Greg Muller’s legalese composition below.
Pete Eyre, arrested at the same time as myself and who also has already had his trial, has uploaded both his own memo as well as Greg Muller’s 44 page memo from that case, which addresses different issues than were raised in mine.
Embedded below is the first Free Concord video to be released from Brad and Tommy’s right to carry campus outreach at Plymouth State University in New Hampshire. It includes the leadup to their appearance on campus, and highlights from the press conference in front of Rounds Hall. Stay tuned for the chalking fiesta in part two.
Brad Jardis and Tommy Mozingo take questions from the crowd
It was showtime, and no one much desired to be the first to stand in the courtyard. In front of the Hartman Union Building (HUB) at Plymouth State University, first came the journalists, then the (technically) counter protesters. They were organized with signs. Their protest began as they stood in a line, more signs than students. A familiar cast from independent media streamed in. Sheriff’s deputies, state troopers and, to a much lesser extent, university police formed compacted columns at all major walkway points of entry.
The chalk sat locked in my trunk, but I bore two arms as I awaited Brad Jardis and Tommy Mozingo’s responsible gun carry outreach event. My customary sidearm, the Nikon Coolpix S570 sat mounted atop my telescopic tripod. On my hip was a spare battery and a fully unloaded 8 gigabyte SD card. Slung on my back, in a portable DVD player case that functions superior to any camera case I’ve seen for the purpose, was a a JVC mini DV camcorder with a single battery pack. The young dinosaur of the pre-digital age was at the ready in the case that I expended all of my digital video, or if any action required the 32x optical zoom capability. (more…)
I recently had the opportunity to visit Occupy Boston on a relatively quiet day. A brief summary is posted at Free Concord, and video footage from the scene is featured below.
Judge William Lyons overruled an objection to a recording notice made by attorney Gregory Muller on Tuesday, November 15 just prior to the trial of Wesley Gilwreath. Wesley was among the first two arrests at the Manchester police department on June 4, 2011. He and Ademo Freeman were arrested for chalking on the building of the station during a police accountability rally. In the hours following the initial arrests, activists and their property were seized by police for a number of legally questionable reasons.
The day prior to the trial, I had submitted notice to record to the clerk. As is usual, just before the proceedings got underway, both parties were presented with the notice. With my name listed on the recording form as the correspondent, Gregory Muller objected, claiming that I had a ‘vested interest’ in Wesley’s trial. The judge failed to see how my ability to record a third party’s legal proceedings could cause any ill-gotten gain. To the objection, the judge asked, “Do you have any legal authority for the proposition that one vitiates their standing under the first amendment, by virtue of having charges arising out of the same incident?”
Radio Free Keene News is a five minute newscast which is available as a podcast and also will air at the top of some hours on LRN.FM.
You can download the edition for this week here. Topics covered include the caroling at the Concord state liquor store, a successful parking ticket trial, and an alleged assault by a city councilor.
As of Monday, December 12, it was confirmed that the court had received homework assignments from both parties in the case of State v. Garret Ean. At the end of the trial, the judge had asked for legal memos to support arguments made by both sides. Though I would have much preferred a ruling on the spot, in retrospect I am glad that the judge gave me a chance to formulate written arguments to demonstrate the State’s lack of a case. Just through questioning John Patti, I was only able to reveal so much about the case. The memo assignment enabled relevant details to be organized into a single presentation.
Judge William Lyons overruled an objection to a recording notice made by attorney Gregory Muller on Tuesday, November 15 just prior to the trial of Wesley Gilwreath. Wesley was among the first two arrests at the Manchester police department on June 4, 2011. He and Ademo Freeman were arrested for chalking on the building of the station during a police accountability rally. In the hours following the initial arrests, 
Radio Free Keene News is a five minute newscast which is available as 
