So first off… my sincere apologies for being so late in posting this blog. I’ve had a lot of things going on in life as of late so my mind has been elsewhere. So allow me to correct my lapse in informing you of the outcome of Joseph’s case.
The case was tried in front of Judge Ryan Guptill.
Judge Ryan Guptill has issued an ORDER on the pending motions Joa and I have entered in his case.
To summarize:
Trial is Tuesday at 1:00PM at the Hillsborough District Court in Hillsborough, NH.
Today is the final filling of the defense in Joa’s case. We’re filing a Motion To Suppress the body language exhibited by two witnesses outside the Hillsborough District Court as introducing that evidence would violate the hearsay rule.
Without the ability to cross examine these people as (we don’t know who they are) it is our position that the evidence of them turning to look at Joa when he was being arrested would be more prejudicial than probative.
The trial is next week on Tuesday at 1:00PM at the Hillsborough District Court in Hillsborough, NH (05/21/24). Please consider coming out to show support to a nice guy and fellow activist.
As an officer of the Court I would politely request that anyone who wishes to attend please comply with the Court rules on filming. The rules are very simple… No filming in common areas and fill out an Advance Notice Form before beginning filming in the courtroom. As we’ve learned from this case and investigation the required way to fill out the form is with your accurate identifying information. We don’t want another person getting in trouble for what we now know is expected on the form. 🙂
Hope to see you there!
Today Joa is filing his MOTION TO DISMISS #2 based on the theory of “Entrapment by Estoppel” and New Hampshire RSA 626:3 II. These arguments are now in writing to preserve them for appeal to the New Hampshire Supreme Court should a trial be held and things not go our way.
Interestingly, Attorney George Wattendorf (who like I have said multiple times, has been very cool to work with) who represents the Hillsborough Police Department, has taken the position that Joa’s criminal trespassing is completely separate from his denial of the right to film. We are of the opposite opinion. This will be a judgement call for Judge Susan Ashley when we go to trial.
What do you think?
I would like to extend a huge thanks to New Hampshire Judicial Branch General Counsel Erin Creegan who awesomely took the time to hunt down the authorization forms we were looking for. My experience in dealing with court staff and Judicial Branch officials has been nothing but stellar. These people truly have wanted to help at every turn.
Joa and I have filed a Motion For Continuance due to not being finished collecting evidence for his defense.
Interestingly, these are a sample of the “Advance Notice Forms” that were approved by the Goffstown District Court where Joa signed things other than his name. He was approved each time to film anonymously… but the Hillsborough District Court ordered him to leave and had him arrested for filming doing the same thing.
Our defense lies in a theory called “Entrapment By Estoppel” and RSA 626:3 II.
The New Hampshire Courts should not have a disparity in how they authorize people to film court proceedings. In having one, it creates situations like this.
The original trial date of 5/21/24 at 1:00PM will hopefully be rescheduled to July sometime.
Judge Susan Ashley has issued an ORDER that my appearance on behalf of Joa is allowed.
I have been filed documents with the Court that I imagine the Judge hasn’t reviewed yet, pending this order. I have been doing so because time is limited as the trial scheduled for May 21st.
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