Twelve years ago I blogged on this website a criminal court case in Cheshire County, NH involving a military veteran turned independent journalist named Jason Talley. Mr. Talley had become ensnared in contempt of court and disorderly conduct charges after he dared commit the dastardly crime of mere possession of a recording device in a New Hampshire court facility.
Ultimately, after months of litigation, the case was won in Mr. Tally’s favor due to a technical “error” committed by the prosecution. In my humble opinion this “error” was intentionally committed to protect the New Hampshire Judiciary from having to publicly defend their egregious conduct.
What “egregious conduct” you ask? The court order that Mr. Talley was accused of violating was put in place after another activist, Ademo Freeman, was arrested for “threatening” the Keene District Court Presiding Judge Edward Burke. This interaction was caught on video and contained absolutely no threat. What followed were administrative court orders restricting the Federal and State Constitution so that cameras could not be possessed in court facilities.
You see the misconduct here? Judge Burke breaks the law that forbids making false claims to law enforcement officers and then supervisory judges in the New Hampshire Judiciary restrict people’s freedoms as a result.
A crime or misconduct committed by a state employee cannot give justification to the government to restrict the freedom of those who are not in government. Not unless there are two classes of men. This is what they did.
This weekend, New Hampshire independence supporters launched a weekly outreach booth in Keene’s Railroad Square. In addition to sharing the word of peaceful secession with passers-by, they also conducted an informal poll, with 16 people voting to stay in the Union and 13 voting that NH should leave! Despite a fresh nationwide poll showing over 25% supporting secession for their respective states, one supporter of the federal Empire stopped at the booth to tell us that she knows everyone in New Hampshire hates us. She said secession will never happen, before storming across Main St.
Then, she turned around and came back across Main St to say something else. That’s when I pulled out my phone and started recording:
Afterwards, she went back across Main St and made a phone call. Keene police showed up minutes later and affirmed our right to record video. They also identified the woman as Democrat activist Margaret Sawyer.
You thought police body cameras would help with police transparency? Well, think again. The motion cites RSA 105-D:2 XII, a terrible statute that appears to criminalize editing, copying, sharing, and even displaying any BWC footage. Though the section starts by saying it, “shall apply to law enforcement” agencies who use BWCs, later in part XII, it claims “all persons” are subject to the insane restrictions. It’s an obviously unconstitutional restriction on the people’s right to free speech and to be the free press. See Article 22 of the NH Constitution’s Bill of Rights:
Free speech and Liberty of the press are essential to the security of Freedom in a State: They ought, therefore, to be inviolably preserved.” Among other things, the statute also instructs police to not record interactions with other police employees, meaning any conversations between them is off-the-record.
Manchon received the footage from his discovery request as he prepares his defense on a ridiculous pullover by Hillsboro police. According to Manchon, he was pulled over wrongfully on an long-cancelled restraining order. HPD dispatch misinformed patrol officers that the order was still in place. It was originally put in place by his girlfriend over a non-violent misunderstanding and then it was removed in January after they were able to get back on good terms. They currently live happily together, I know that because she is my friend. She is pregnant with his child, hence, she was also with him in the car on August 12th, when HPD officers pulled them over:
Despite being informed by the couple that the restraining order was no longer in effect, the officers refused to research the restraining order to confirm the claim, instead arresting Manchon and charging him with “Disobeying an Officer”, then later changing that charge to “Resisting Detention”, by allegedly not getting out of the car fast enough for their liking. Later in the month, when visiting Hillsboro District Court for a right-to-record event, Manchon stopped by HPD headquarters and was arrested again for “Disorderly Conduct” and “Breach of Bail” for allegedly asking his viewers to contact Hillsboro Police at (603) 464-5512 to let them know how they feel about their corrupt police activity. It is not illegal to encourage people to redress their grievances with government thugs. In fact, Manchon and his attorney won against similarly frivolous charges in Claremont District Court last year. You can watch that full trial video here.
Hopefully the legislature will update this terrible statute to protect the people from criminal charges for sharing BWC videos and make BWC videos even more transparent and accessible without requiring criminal charges to get the videos in discovery, as right now the statute claims the videos are “for law enforcement purposes only” in part XIII. Obviously this restriction on access is also a violation of Article 8 of the NH Constitution’s Bill of Rights:
Government, therefore, should be open, accessible, accountable and responsive. To that end, the public’s right of access to governmental proceedings and records shall not be unreasonably restricted.
According to Manchon, the Hillsboro District Court has scheduled a hearing on the requested “protective order” for Monday Sept 25th, at 11am.
Stay tuned here to Free Keene for the latest on this ridiculous case and please do share, copy, and display Manchon’s video so Hillsboro’s scum prosecutor can charge dozens of people for exercising their free speech. Speaking and sharing is a right, but if we don’t stand for our rights, we’ll surely lose them.
As over 100 liberty activists gathered for my sentencing hearing at federal court, two brave activists challenged the unconstitutional recording ban at the federal courthouse. One is Frank “Footloose” Staples, a longtime freedom advocate who is not afraid to throw himself into the gears of the evil system. The other is NH State Representative Jason Gerhard, who spent a dozen years in federal prison for standing with tax freedom advocates Ed and Elaine Brown. When he was released a couple of years ago, he jumped right back into activism.
While there are ridiculous recording restrictions in existence at New Hampshire state courthouses, the feds are even worse. In NH state courts, one can easily record in a courtroom, but security goons will threaten people who try to record in the other areas of state courthouses. Federal courts however, completely ban all recording devices, nationwide. The ban, “Rule 53“, has been in place since 1946 and has never been successfully overturned. Recording devices are also prohibited by NH Federal District Court “local rules” 83.8.
Will Footloose and Rep Gerhard have success by openly violating the ban, giving them standing to argue their case in court? We’re about to find out, as both were arrested Monday morning while recording at the security checkpoint. Both were cuffed and then issued tickets for violating 102-74.385, a misdemeanor. That code states:
Persons in and on property must at all times comply with official signs of a prohibitory, regulatory or directory nature and with the lawful direction of Federal police officers and other authorized individuals.
Footloose argues that the court is a “public forum”, as stated on its own signage in the lobby, so any order by the police to leave is not a “lawful order”. Gerhard is standing on the constitutionally protected right to a free press. Here’s the video of their arrests:
O’Donnell approaches Manchon in a apartment building parking lot and seizes his beer, then after Manchon refuses to show ID, O’Donnell puts him in cuffs. All the while, Manchon is explaining to O’Donnell that he’s going to have to let him go, pointing out O’Donnell should have conducted his investigation of the beer prior to cuffing Manchon. Once he does look at the bottle, O’Donnell looks embarrassed as he uncuffs Manchon and lets him go.
Despite having backed down on enforcement within the Council chambers, Press NH Now’s video shows the enforcement of this victimless “crime” of “open container” continues unabated on the streets. Thank you to Press NH Now for his service to police accountability.
The saga of the State Thugs vs the Peaceful Noone Family continues with this sentencing hearing after Shalon Noone was found guilty of the bullshit “Child Endangerment” charge earlier this Summer. If you missed the trial video, see it here.
Since it was charged as a “Class A” misdemeanor, Shalon is appealing the charge “de novo”, which means “from the beginning”. That means she’ll get a whole new trial in “superior court” in front of a jury this time. So, this sentencing hearing will not really mean anything unless she decides to not move forward with the appeal.
