PC Hearing Advances Fountain Assault Case

by | Aug 7, 2014 | 26 comments

A probable cause hearing was held yesterday in Keene district court in the case of State v James M. Phillips. Phillips stands accused of causing the hospitalization of Matthew “Yankee” Oldershaw after allegedly shoving or tackling him into the jagged granite which comprises the fountain in Central Square. During the hearing, sole witness Benjamin Nugent presented verbal accounts of his interactions with witnesses and analysis of video from the scene, including the only footage which partially captures the assault, as filmed by the currently incarcerated Free Keene blogger Rich Paul. Information presented which would normally be discounted as hearsay was admissible as Nugent recalled the statements of others collected over the course of his investigation into the incident. A public defender cross examined Nugent after direct examination from KPD prosecutor Jean Kilham.

A copy of the paperwork from the case reveals the bail conditions attached to the single charge of 2nd 2014_08_06_courtnugentdegree assault from the June 03 incident. An arrest warrant issued on July 11 was followed with instructions to not be present in Central Square, to have no contact with Matthew Oldershaw, and to refrain from the use of alcohol. A PR bail of $1000 was set on the day of the arrest.

Following yesterday’s hearing, judge Edward Burke found the state’s evidence sufficient to constitute probable cause for advancing the felony case to the superior court, where it will likely be heard before judge John Kissinger. Video from the hearing is available at Fr33manTVraw. Additional written coverage from the court by Martha Shanahan was published today in the Keene Sentinel.

NH ACLU Files Amicus Brief for Robin Hooders in Supreme Court Case

by | Aug 6, 2014 | 18 comments

NH ACLUThe NH ACLU has filed their 42-page amicus in the Robin Hood NH supreme court case.

The NH ACLU’s attorney, Anthony J. Galdieri argues  that the city has no case when they claim Robin Hooders have engaged in “tortious interference”:

In the context of non-violent protests aimed at influencing societal or governmental change, tortious speech is only actionable if it amounts to violent or unlawful conduct.  See Claiborne
Hardware Co., 458 U.S. at 917-18 (holding in context of protest that the state may impose
damages only for violent or unlawful conduct, not for non-violent protected activity, even if
that non-violent protected activity causes economic harm).

The NH ACLU also affirms that the city’s proposed restrictions on Robin Hooders are unconstitutional, including a “buffer zone” where speaking to the meter maids would be prohibited, as would be recording them.  The  proposed restrictions are clear violations of NH Constitution article 8 and 22, which protect the right of people to access a responsive government and protect free speech.

Nor should the city be allowed to handle the Robin Hooders through the courts, says the ACLU: (more…)

The Trial of Darryl W Perry

by | Jul 31, 2014 | 8 comments

Tuesday, July 29, 2014 – Residency & Registration, two victimless crimes. Darryl seeks to defend himself against the charges, but Judge Burke takes the case under advisement. Here is the full video, with picture-in-picture of the Judge’s face.

AKPF #1: Trialitis

by | Jul 29, 2014 | 2 comments

This week’s intriguing installment takes us yet again in a Keene courtroom, this time the Superior branch as Rich Paul stands trial on alleged violations of probation. Accused of possessing a weapon and having a biological system saturated with tetrahydrocannabinol, state actors tried long and hard to succeed on both counts. With an AKPF #1 producer as a witness and a seasoned public defender as his attorney, Rich was ultimately successful in defeating all weapons charges levelled against him. There was no denying the THC saturation, and the judge ultimately sentenced Rich to six months at the Cheshire Spiritual Retreat on those grounds, though remarkably with the liberating condition of probation termination after service of that sentence. Concluding the episode is a sign wave outside of the jail featuring Oscar the dog.

A normal night across America is a normal night for activists in the Shire

by | Jul 26, 2014 | 3 comments

 

Activists showing support for a man pulled over for honking in support of them.

Activists showing support for a man pulled over for honking in support of them.

DUI checkpoints have become a normal way of life across America.  The violation of the fourth amendment is common place where people have become domesticated to the idea that police have the authority to stop and search you for simply 10570327_10152125834901618_1466585235351947903_ntraveling under the guise of “safety”.   In New Hampshire, it has become common place for dozens upon dozens of activists to take out cameras and show their opposition to the police.   On the night of 7-25-14, roughly 30 plus activists took part in warning motorists of the check point and confronting police about their illegal activity.  By yourself in any other part of America, this would be considered crazy and unsafe.  In New Hampshire, showing resistance and opposition to the police state is just a normal night.