State v. Joseph Hart – Court Orders

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.


State v. Joseph Hart – Trial Next Week!

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!



State v. Joseph Hart – Defense Filed Document

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.

State v. Joseph Hart – Defense Filed Documents and Evidence Gathered

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.

State v. Joseph Hart – Court Order

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.

State v. Joseph Hart – Defense Filed Document

We’ve gone silent for the last few weeks while we’ve worked on collecting audio/video authorization forms from four different District Courts in New Hampshire.  Four courts have allowed Joa to film anonymously while the Hillsborough District Court had him arrested for doing it.  These documents and requests are still pending.

Joa has filed a Motion To Compel the Release of Criminal Records to have the Court order the State to release his criminal records for trial preparation as the prosecutor was reluctant to do so.  This is a normal procedure as there are very strict rules governing the release of these records.

I’d like to mention that the prosecutor has been nothing but a gentleman and actually helpful to me personally in explaining some lawyerly procedures to me that I wasn’t too familiar with.  I believe he represents the community of Hillsborough very professionally.  I unfortunately don’t have years of law school and mock trial preparation like he and other lawyers do, so I am most grateful to him.

The trial date is presently scheduled for May 21st at 1:00PM.