If you love liberty and want to work towards making more of it happen, why not do it in the best place for it? New Hampshire is already more free than other places and there are thousands of libertarians and voluntarists, many of whom love jury nullification, that are moving there as part of the Free State Project. Why not join us and help more liberty happen, sooner?
In a clear victory today, Free State Project early mover James Cleaveland was found not guilty of “resisting arrest” and six of twelve jurors voted not guilty on the “disorderly conduct” charge! Judge John C Kissinger spoke with the attorneys after the verdict and relayed that the jurors were locked 6-6 on the disorderly charge for all five hours of their deliberation. As a result, a mistrial was declared on the “disorderly” charge, meaning it may go to retrial.
Earlier this year in a bench trial for the same charges, Keene district court judge Edward J Burke found James guilty of both counts. As is his right, James appealed the two class-A misdemeanor charges to a jury trial, even though the sentence from Burke was suspended on condition of good behavior. Ultimately James said he was glad he went to jury trial, as he’s now been vindicated completely on the “resisting” charge, where state police officer Phillip Gaiser lied, claiming James lunged at him and also stepped back 3-4 steps when he tried to cuff him, a claim that was proven false by the video and audio evidence in the case.
In post-trial comments for Free Keene, James said that the video and audio he recorded was critical to his success. Otherwise it would be several cops’ word versus his word, and jurors generally believe police to be honest. Though it was costly in time, stress, and thousands of dollars in legal fees, James is glad he stood up for the right of free press.
Jury Outreach Activists @ Cheshire Superior Court 2015-12-17
Kissinger allegedly said that James choosing to testify made a good impression on jurors, but that having a larger camera would somehow have given him better credibility. All jurors refused activists’ offers of $60 for a post-trial interview.
This is the biggest jury trial success of any liberty activist thus far tried in New Hampshire. Major thanks to all the stellar activists who braved the cold to hand out NHJury.com trifolds to the jurors and also hold signage reflecting the amount of time James was facing (two years in prison), a detail never allowed to be revealed in a criminal trial.
Full video of the trial is still to come to Free Keene. Stay tuned!
Yesterday the trial of Free Keene blogger James Cleaveland for recording police wrapped up with an excellent closing argument by defense attorney Paul Garrity (video still to come) advocating jury nullification. The jury was sent to deliberate and could not reach a verdict by the close of court. This morning, the jury was back to deliberating at 9am – the fact that it’s taking this long could be a good sign for James.
NH Jury activists gathered this morning outside Cheshire superior court in Keene to perform jury outreach prior to jury selection for the trial of James Cleaveland which begins tomorrow morning (Tuesday 12/15) at 9am.
James is facing two “Class A” misdemeanor charges with a possibility of up to two years in prison for being arrested while recording video of police at the scene of a suicidal man in the summer of 2014. The charges are “disorderly conduct” (the state’s favorite catch-all charge) and “resisting arrest”.
James has already had a bench trial at Keene district court, the video of which can be seen here, and was found guilty. District court judge Edward J Burke sentenced him to 1.5 years in jail, suspended, plus a $625 fine. After sentencing, James opted for his right to a jury trial “de novo”, which means, “from the beginning”. So now, not quite a year later, he is being given that trial.
This morning was jury selection. Nearly all of the jury pool of about 58 people had received the NH Jury trifold last month. (In Cheshire county, petit juries are empaneled for two months.) Usually the jury outreach process involves handing out flyers and opening the door for folks, but in addition today it included activists holding signs featuring phrases like, “2 Years 4 Filming?”, and “Filming the police is not a crime!”
More activists are expected to be on-the-scene tomorrow morning at 8am for further sign-holding, with the trial starting at 9am and expected to last two days. If you can’t make it in person, live tweets will be available here at FreeKeene.com and later the full trial video will be posted.
I’ve had loads of news from New Hampshire of interest to libertarians that have been stacking up over the last couple of months that I just haven’t been able to make the time to post individually here. So, this is my attempt to catch up on my backlog by putting them all in a news round-up post:
