by Highline | Apr 17, 2025 |
On March 31st of this year I requested that Grafton County Attorney Martha Hornick legally identify Robert L. Lamontagne as a “victim” under New Hampshire’s Victim’s Bill of Rights Act for the criminal due process violations we allege he sustained during his trial. Unfortunately CA Hornick has appeared to take no action on this. No disrespect intended to her… but we’re not interested in sitting around waiting for this case to get older. We’re appealing to NH Attorney General John Formella immediately to have his Office designate Rob a legal “victim” of state agent misconduct that seems to have cost him his right to a fair trial.
If Rob went to State Prison for nearly ten years on an established practice of willful due process violations in Cheshire County — other people probably did too. That is an unacceptable disruption in controlling federal constitutional law by state authorities that have no such authority. The American public shouldn’t tolerate this. These national rules exist to protect our people uniformly throughout the land. Defense lawyers have an absolute legal right to know the credibility risks of a witness says the United States Constitution. State law in New Hampshire makes it a crime of various degrees to conceal this required federal information.
This is so serious of a breach in the public trust in my view that people with badges should be investigating this… not a blogger on FreeKeene.com.
Nonetheless, we respectfully appeal to New Hampshire Attorney General John Formella to have Rob designated a “victim” of a criminal due process violations that caused him serious harm.
by Highline | Mar 31, 2025 |
… in the Sullivan County Superior Court on my client Robert L. Lamontagne’s behalf.
The case was transferred out of Cheshire County to the Sullivan County Superior Court. The State review of the case was assigned to Grafton County Attorney Martha Hornick.
Here is the DOCKET REPORT for Rob’s case for you to have a better understanding of the flow of the case.
Our investigation continues.
As I am now a court officer I must specify that this blog is made pursuant to NH Rule of Professional Conduct 3.6 (c) (2) (3) and (6) as well as Part I, Article 10 of the New Hampshire Constitution and the 1st Amendment of the Federal Constitution.
by Highline | Aug 16, 2024 |
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.
(more…)
by Highline | May 17, 2024 |
Judge Ryan Guptill has issued an ORDER on the pending motions Joa and I have entered in his case.
To summarize:
- We won the MOTION TO DISMISS #1 on grounds Judge Guptill sua sponte generated when he reviewed the complaints. The State has issued an AMENDED COMPLAINT for Disorderly Conduct to satisfy Judge Guptill’s ruling.
- We lost the MOTION TO DISMISS #2 due to my raising an affirmative defense in a Motion To Dismiss (hey, I’m not a lawyer… I learn new things every day).
- We lost the MOTION TO COMPEL RELEASE OF CRIMINAL RECORDS as the Judge seem to prefer that we go to the State Police to acquire the records.
Trial is Tuesday at 1:00PM at the Hillsborough District Court in Hillsborough, NH.
by Highline | May 13, 2024 |
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!
by Highline | May 10, 2024 |
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.
