If you have been following the blog here at Free Keene for the last 18 months, you may recall the raid on the Keene Activist Center that occurred in the summer of 2012. The Keene-police-backed raid by code enforcement and the fire department ultimately resulted in a court case against me for an alleged smoke alarm violation. (They claimed that all homes must have an interconnected, AC-powered smoke alarm system.)
We went to court and the “City of Keene” ultimately lost because I caught them violating their own rules – fire chiefs aren’t allowed by their own statutes to inspect single and two-family homes. Judge Runyon correctly invalidated all the evidence collected by the fire chief and dismissed the case. “The City” people, desperate to crush the KAC and hating to lose in their own system, then appealed to the NH “supreme” court, spending hundreds of taxpayer dollars on a transcript of the district court hearings.
The supreme court then informed “the City” that their filing was deficient because all criminal cases must have the approval of the attorney general’s office prior to the appeal being filed. They gave “the City” some time to correct the error. Meanwhile, “the City” and the AG’s office filed memorandums of law arguing the case was not criminal, but civil, and therefore they did not need the AG’s permission to move ahead with the appeal.
The fact that “the City” couldn’t even win their smoke alarm case at the supreme court against me may not bode well for their eventual performance in the Robin Hood case appeal, where they are actually against a real, experienced free speech attorney!
Word from DPRK officials speaking through the Keene Sentinel have affirmed their interest in continuing onward with the Robin Hood lawsuit, despite its defeat at the superior court level. It is poised now to go before the New Hampshire supreme court, if the state’s mega-court chooses to hear the case. Though the appeal has yet to be filed, this is a great time to congratulate the CoK leaders for possessing the courage and fortitude necessary to subject themselves to more public courtroom festivities on this matter and thank them for keeping the cause of Robin Hood of Keene ever alive.
Following the coverage in the Keene Sentinel, the Concord Monitor published a truncated copy of their article the following day. Concord’s abbreviated coverage removes all statements made by the city’s hired-gun attorney Charles Bauer following the judge’s ruling. Bauer makes some controversial statements regarding the decision that the legal assistant of the Keene city attorney was unable to lend any support to, choosing instead not to comment on the interpretation made by Charlie. As quoted, he stated, “The Order holds that the individual protesters have no duty to be reasonable in their actions and conduct directed toward public employees while doing their jobs…that the individual protesters are allowed to interfere, harass, and intimidate public employees while doing their jobs…(and) that the individual protesters may engage in inappropriate and unreasonable actions and conduct directed at public employees while doing their jobs.” Free Concord is currently seeking to obtain the full statement to press by the losing side’s attorney and will have more to report as information becomes available. (more…)
Kyle Jarvis at the Keene Sentinel is reporting that the people calling themselves the “City of Keene” will be appealing their loss in the Robin Hood case(s) to the NH “supreme” court. The appeal has not yet been filed. I’ll post it here when I get a copy.
City boss John MacLean has already claimed they spent at least $20,000 taxpayer dollars on the initial “superior” court case. How much will the appeal cost? Another $30,000? The required transcript of the three full days of “evidentiary hearings” will probably be a few thousand dollars alone. Whether “the City” wins or loses, I bet their private hired-gun attorney Charles Bauer will be laughing all the way to the bank.
Did the Keene city council approve this PR nightmare of a decision? Will the city people ever learn to stop aggressing against peaceful people? Stay tuned here to Free Keene for the latest on the Robin Hood saga.
UPDATE: Technically, they are appealing the dismissal of the case(s), so wouldn’t that mean that if the appeal is successful that the cases are remanded back to “superior” court to move ahead to trial? Keep in mind the first case never made it to actual trial – the three days we spent in court were merely “evidentiary hearings” for the purposes of the judge possibly issuing a preliminary injunction against us.
As usual, the freedom haters are out in force on the Facebook comments on the WMUR piece and those on the Sentinel story. The haters continue to echo the city’s libelous claims about Robin Hooders harassing, intimidating, and threatening the parking enforcement offers, DESPITE the fact that the city’s expensive private attorneys failed to provide any evidence of such behavior in court.