Published today is a half hour of discussion from Tuesday night’s episode of Free Talk Live covering the happenings around the recent bicycle headlamp/audio recording trial. Included are video from incidents cited during the radio show, featuring the coerced removal of a videographer from the lobby of the Concord District Court. See the full trial video at the FreeConcordTV youtube channel.
Media from the December 11 bicycle headlamp/audio recording trial continues to be created. Here’s an audio summary that was produced for Derrick J’s Peace News Now. Videos in raw format are available as arranged on a playlist here. Stay tuned for more.
On December 13, 2012 I had a trial in Newport District Court for expired vehicle registration. Specifically, I was charged with violating RSA 261:40. For those who aren’t familiar, Newport is a much smaller town than Keene. Normally in Keene, as well as Manchester, Concord and I would guess most other District Courts throughout New Hampshire, there are many people scheduled for trial at the same date and time. This was not the case in Newport. Aside from myself and seven others from Keene, the only people in the court were Trooper Hickox (who was prosecuting his own case), one bailiff, a court clerk and the judge.
Before the trial began, the judge issued an edict that only one camera would be allowed to operate during the trial, despite the fact that three individuals filed notices to record. He immediately took a brief recess so that the camera situation could be straightened out and stated that if a decision wasn’t reached on which camera was to be the camera to record the trial, that NO cameras would be allowed.
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Seven Keene activists accompanied Darryl W. Perry to Newport District Court for an 8:30 AM trial on the charge of failure to register his vehicle, RSA 261:40. Darryl was issued a summons on May 16, 2012 after being pulled over on South Main Street in Newport, NH by State Trooper Jason W. Hickox.
Hickox acted as prosecutor and sole witness for the “State of NH.” He testified that his reason for running Darryl’s plates was that they were Texas plates that looked “unusual.” He claimed that when he asked Darryl for license and registration, Darryl provided a ‘driver’s license’ as well as proof of ‘registration’ from Texas, which he alleges was expired. Hickox stated that Darryl was not violating the speed limit, driving unsafely, or driving in any manner hazardous to other drivers.
Hickox testified that Darryl agreed to abide by the man-made legislation supposedly valid in this particular region of land simply by driving within the boundaries commonly known as New Hampshire.
Darryl mentioned article 3 of the NH Constitution and referred to the surrender of certain natural rights in return for protection. He noted that police officers are not duty-bound to protect and without protection, the surrender of rights is void.
Darryl also cited article 10, the right of revolution, and stated that he never agreed to nor signed anything to fall under the arbitrary jurisdiction. He claimed to be part of the Shire Society and cited the fourth precept, stating,
FOURTH, explicit voluntary association is the only means by which binding obligations may be created, and claims based on association or relationships to which any party did not consent are empty and invalid;
Jason W. Hickox was unable to provide any physical evidence proving Darryl was guilty beyond a reasonable doubt of the claims against him.
After the prosecutor finished testifying as the only witness, Judge Cardello denied Darryl’s motions to dismiss and to receive exemption. The judge deemed Darryl “guilty” of the alleged “crime” of failing to pay ‘the state’ for permission to own and operate his own property and said Darryl must pay a $100 fine and a penalty assessment fee of 24%, or $24.
Darryl’s request to donate $124 to charity in lieu of the fine was denied, but request for community service was granted; Darryl will complete 12.5 hours of community service.
This is part two of my recollection of what happened at Palmer District Court yesterday morning. Part one, which covers court security’s outrageous response to camera-toting activists, is here.
As you may be aware, I was arrested for video recording in Palmer, MA’s town hall back in October. At the time, I was given a report from the arresting officer, Raymond Tenczar, indicating he believed I was guilty of “disorderly conduct” for allegedly loudly causing a “disturbance” outside of the room in which the city was going to hold a tax sale. If you watch the video of the arrest, you’ll see that I do raise my voice, but only at the time Tenczar places his hand on me to arrest me.
Apparently, the Palmer police and/or prosecutor realized that they had no case for disorderly conduct, and the misdemeanor charge was dropped. More detail on the charge droppage later in this article.
However, they completely changed the circumstances of the charge and the evidence in their case for the remaining town ordinance “disorderly conduct” violation. Now they are alleging that I was “disorderly” in front of the open house, which happened prior to the tax sale. In an unsigned report, allegedly written by Palmer police officer Sean M Ford, he claims I was yelling at the town attorney and attempting to intimidate him. (more…)
Bright and early tomorrow morning in Concord district court, there will be a trial concerning Garret Ean’s year-plus old contempt of cop bicycle citation. Folks will be traveling from around the Shire to attend, and you’ll get to see Free Concord’s editor grill on the witness stand the CPD sergeant whose juvenile and brutish response to an audio recording inspired the blog’s very first article. More time has passed since the matter being heard tomorrow than passed between the first and second incidents with the badged individual in question. Expect to see the video here of the policeman’s response to tough questions about how and why he executes his job. If you need a laugh in the meantime, check out this Concord Monitor article from October quoting a particular CPD officer as he praises the approval of a BEARCAT attack truck to be delivered by Homeland Security to the small city’s department.
On the federal front, congratulations to Colorado for earlier today becoming the second state to make available to the public legal cannabis. The herb has been greatly marginalized and ignored since its ban via taxation in 1938. Washington became the first state to nullify the federal ban when it implemented a ballot initiative four days ago that was approved by voters in November. While the Washington system maintains the prohibition on cannabis cultivation, Colorado’s statute allows for individuals to garden freely (within limitations).
Dec 16 2012: Full video of the trial published earlier today.
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