This week, liberty activist Graham Colson was tried for a “contempt of court” charge that he received while out on bail after being arrested on a later-determined-unconstitutional no trespass notice from the “city of Keene”. In legal land there is a concept known as the doctrine of the “fruit of the poisoned tree”. My understanding of this is that if, for instance, the police raid your home on a bad warrant (say they lied to the judge to get the warrant), that any evidence collected based on that warrant cannot be used against you. It’s the “fruit of the poisoned tree”, and so charges must be dropped.
However, this doctrine appears to not apply to the “orders” of the judge. In Graham’s case, he was arrested for violating the no trespass notice from the city that banned him from Central Square. He was let out on bail conditions that included no contact with a couple of parking enforcers. He was later arrested for walking through Central Square and talking to a parking enforcer. For this act he was charged with “contempt of court”. Then, last summer, the district court’s judge Edward Burke threw out the no trespass letter as unconstitutional and illegal. Since the no trespass letter was illegal, shouldn’t the contempt case be thrown out too, since the bail conditions were originally issued on a case based on an illegal no trespass notice? Maybe in a system actually oriented towards justice – not this one.
So, the contempt charge went to court this week and Graham was found guilty, despite a valiant attempt to defend the charge by Garret Ean. Graham will be turning himself into the Keene Spiritual Retreat, aka the county jail to serve 60 days. He will have five months suspended over his head for two years. All because the city police were handing out illegal no trespass orders. Yeah, justice! Here’s the full video of the trial:
In this artistic, relaxing installment of AKPF #1, the audience is treated to imagery and nature sounds to fill out the twenty-nine minutes of airtime. Learn about recent celebrations in Robin Hood park, sign waves alongside the county corrections institution, and home chalking in suburban Keene.
Hero Rich Paul is behind bars again! He is currently wearing orange and being held in D-Block. (That’s where they keep prisoners who haven’t yet been sentenced.) He can accept visitors, but not phone calls. The best way to write to him is using a free service called http://MailtoJail.com. He might be in there for a while, so please write him often, as it is his only connection to the outside world.
Except one. The Jail Sign-Wave is an activism event where people bring banners, posters, and flags outside the jail, and they wave up at the prisoners caged inside. Word quickly spreads around the cell block, and soon everyone is at their windows waving back. Many of them will never have a single visitor for months or years. There’s a reason they come to the windows and wave every week. Humans need connection.
“fundamental to the continuing vitality of our democracy, for ‘time out of mind, [sidewalks] have been used for purposes of assembly, communicating thoughts between citizens, and discussing public questions.’”
“[a]s a general matter, we have indicated that in public debate our own citizens must tolerate insulting, and even outrageous, speech in order to provide adequate breathing space to the freedoms protected by the First Amendment.”
Bissonnette also encourages police to investigate and prosecute the perpetrators of violence and says that the city should be encouraging free expression rather than suppressing it. It’s an excellent legal opinion and the city council should read it carefully before they screw up and pass an unconstitutional suppression of free speech. Stay tuned to Free Keene for the latest on the ridiculous-to-the-max War on Chalk.
Superintendent Rick Van Wickler of the Cheshire “House of Corrections” aka the Keene Spiritual Retreat has been featured on this blog several times in the past for his heroic advocacy for ending the insane war on drugs. He’s no stranger to press coverage and now has been made the subject of a recent VICE.com feature that focuses on both his support of drug legalization and his more-humane manner of running a jail.
In the article when asked about drug users, he relates,
The majority of people who drink alcohol in this country have no problems with it. They’re alcohol users: They drink on the Fourth of July, and barbecues, and at the Super Bowl. Then think about somebody who is an abuser of alcohol, meaning that they use alcohol much more than they should. But they’re still working. They still have a house. They’re still in a relationship. Finally, think about an alcohol addict—an alcoholic. Their lives have been destroyed by alcohol. Now, you can take the exact same analogy and just replace alcohol with drugs. Heroin? Cocaine? Meth? You have users, abusers, and addicts in pretty much the same ratios. Let’s not be so damn naïve and say that we in America don’t have professional people that are addicts, because we all know that’s not accurate. We have professional people who are heroin addicts, who have been heroin addicts for years, and are meeting the standards of their employment. That’s happening, and to deny it is an atrocity.
Interestingly, Van Wickler is listed as “Formerly” part of Law Enforcement Against Prohibition, a group of mostly former law enforcement who now speak against prohibition. I wonder what the reasons for the split were. I’ve emailed Rick with the question and will post the reasons if he chooses to make them public.
