Governor Lynch, USNH, and Law Enforcement: Fear Mongering and Ignoring the Constitution as Usual

In a press release today titled “No Guns in Classrooms or Dorms“, Governor John Lynch returns to the same fear mongering tactics he and high-ranking police administrators used throughout the state when they vehemently opposed the modification to the deadly force law which now doesn’t require you to turn and run when your life is in jeopardy.

Oh, the New Hampshire General Court utterly ignored the Governor and his law enforcement contingent and passed that bill. There hasn’t been any random killings in the street like they tried to have you believe, either.

Well done NH House of Representatives and NH Senate. Let’s see you do it again!

From today’s most recent tirade:

CONCORD – Law enforcement and higher education officials from across New Hampshire today called on the House to reject a bill that would allow guns in college classrooms, dorms, libraries and across public higher education campuses. House bill 334 is one of three the House could possibly take action on as early tomorrow that will severely weaken New Hampshire’s decades-old gun laws and potentially put public safety at risk.

Wrong, politicians like you and your law enforcement/USNH cadre put public safety at risk, Governor Lynch. All of these regulations only hurt the people who would never hurt someone in the first place. In Utah and Oregon carrying firearms is specifically allowed on campuses like ours. I’ve been waiting for you or the University System of New Hampshire to come up with some examples of how enhancing self-defense freedoms for peaceful people out west has been a disaster of a public policy change. I’ve heard crickets.

Amazing that this simple logic doesn’t get through to these people.

Not that the Governor and his law enforcement supporters care about the oath they took, but Part I Article 2-a of the New Hampshire Constitution says:

All persons have the right to keep and bear arms in defense of themselves, their families, their property and the state.

I guess by “all persons” it really means “all people except if you are a college student, because if you’re a college student you need to be treated like a child.”

NH Magazine asks “Is the Live Free or Die State Ready for Legal Weed?”

The current (January 2012) edition of New Hampshire Magazine prominently features Bob “Weeda Claus” Constantine in the cover story, “Up In Smoke: Is the Live Free or Die State Ready for Legal Weed?” In addition to being Weeda Claus, Bob is an advocate for jury awareness at NHJury.com and will launch the “Just Say Know” campaign with other Fr33 Agents in 2012. Along with Bob, Kirk McNeil of the New Hampshire Coalition for Common Sense Marijuana Policy, John Tommasi of Law Enforcement Against Prohibition (LEAP), State Senator Jim Forsythe and State Representative Evalyn Merrick – someone who personally benefitted from medical marijuana – all represent the view that the prohibition of cannabis should end.

The following is the “Waging War” section from NH Magazine’s “Up in Smoke” article:

Photo of Bob Constantine by P.T. Sullivan for NHMagazine.com

If asked to name the longest war on record that was declared and fought by the U.S. government, what would you answer? The Revolution? World War II? Vietnam? Iraq and Afghanistan? Not even close. This is the 40th year of the “War on Drugs,” first declared by President Nixon in 1971. The Obama administration declared it was dropping the term “war” in 2009 but, linguistic quibbles aside, the same basic battle strategy continues.In most discussions about crime and its consequences, everyone involved is usually careful to first cite the plight of the victims of the crime: the beaten child, the grieving mother. Alongside the victims are the law enforcement officers who have performed their duty in pursuit of justice. But here’s where it gets sticky. (more…)

State vs. Garret Ean: Not Guilty

Arresting officer John Patti

Yesterday I received mail addressed to Ean Garret from “9th Circuit – District Division – Manchester” court. The title of the piece read, The State of New Hampshire and Ean Garret. I took note of the fact that the State had deescalated its language in addressing me — their paperwork no longer read State of New Hampshire versus Myself. A two page letter, signed on a third page as So Ordered, Judge William H. Lyons, affirmed the State’s inability to prove that I had violated either of two charges under NH RSA 644:2 on June 4th, when I was swept up in Manchester PD’s Chalking 8 incident. I was taken into custody, according to arresting officer John Patti, for refusing to move from a public area of the sidewalk when ordered. The judge determined that there was no basis for the officer to make this arrest under RSA 644:2. A violation for impeding potential pedestrian traffic is not authorized under the already broad disorderly conduct statute. While specific city ordinance violations allow police to ticket those who impede pedestrians, the New Hampshire criminal code does not. The State made no attempt to prove that I was even in the crime scene which one of the charges alleges I had interfered with, as John Patti barely remembered any of his multiple interactions with me.

Despite my victory, one of the two people arrested simultaneously with myself, Pete Eyre, was found guilty at the non-criminal violation level of one of the two charges. Interestingly enough, the charge he was convicted on was not the reason for his arrest, but was attached later. John Patti, who ordered Pete’s arrest but was my arresting officer, arrested us for allegedly refusing an order regarding a city ordinance violation. Neither the order nor the basis of the order were substantiated in court, yet Pete was, retroactively, in a sense, found guilty of having been in the “crime scene” and having been ordered out of it. The disorderly conduct statute is so over broad that you are automatically guilty at the violation level if you have been given what is considered a “lawful order”. By refusing the order, you are then guilty at the criminal level. (more…)

Multiple First Amendment Blocks at Concord District Court

Today at Concord District Court, I had attempted to audio and video record a hearing at the defendant’s request. I was given last minute notice, and ended up missing the brief hearing by the time I had arrived. When I entered the courthouse, I did not appreciate that security had disarmed me of my harmless accountability mechanism, the camera. They also took my tripod, and would give me back none of my equipment until a judge gave me permission to act as the press.

To protest the violation of my first amendment right, I exercised different first amendment rights outside. Utilizing my speech, I chalked out against the press restrictions practiced by the monopolist court officers. I was almost finished when the head of court security exited the building and asked me to stop chalking and leave. He implied that I was doing something illegal, but never spelled out exactly what. He even identified himself as a police officer. Due to some NH court’s crackdowns on press freedom, in the more restrictive venues it is rare to see a court security officer in action, especially outside of his normal domain inside the building.

‘Epidemic of Police Brutality’ Article Appropriately Timed

Photo: Boston.com

An article by Michael E. Ross entitled The Epidemic of Police Brutality published at The Root yesterday. It comes alongside news from Tampa of police misconduct resulting in homicide. On December 23, Reason’s Hit and Run blog published the story of Nick Christie, who was tied to a chair and repeatedly pepper sprayed by Lee County, FL deputies (photo included in link). His death was likely caused by asphyxiation, though there could have been a number of factors at work as Nick Christie had a medical condition. According to a witness, who at the time was a corrections officer, “He had a spit mask on and was naked.” The witness testified that the restrained man had pleaded with officers to remove the spit mask because he could not breathe.

Around the Globe as 2012 Approaches

As the new year approaches, unprecedented global unrest continues to mount. With the New Hampshire primary two weeks away, the military presence in Iraq has officially come to an end, despite reports of approximately five thousand paramilitary contractors being employed to protect US government properties in Baghdad. The conflict is three months away from its ninth year anniversary, and ends shortly before the election process begins involving the president who campaigned on bringing the war to a conclusion.

In Russia, the largest protests since the fall of the Soviet Union are occurring against the decade-plus rule of Vladimir Putin. Putin ceded the presidency to Dimitry Medvedev in 2008, but has since held the number two position of Prime Minister.

Russian President Dimitry Medvedev with the late North Korean head of state Kim Jong Il.

The Chinese village of Wukan is in open revolt against the central government of the PRC since a village representative was murdered in police custody. Police and communist party officials were expelled from the town, prompting the central government to establish barricades preventing food from being brought into the area. Search engine results for Wukan are being heavily censored by the central government to prevent news of the uprising from spreading.

https://www.youtube.com/watch?v=IkY9K3emAa8