I recently had a hearing at the DMV where the Keene police prosecutor, Jean Kilham, attempted to prove that I am a “resident” and that therefore I have to get a NH driver’s license. I argued that “residency” is something that one must voluntarily seek. Originally, Kilham had brought criminal charges against me for not getting a license, but then dropped them before the trial and told me she was going to go after me via a DMV administrative hearing as the burden of proof was lower.
She has succeeded, as expected, in having DMV administrator Michael King rule in her favor. According to his 12-page “Decision”, I will no longer have the “privilege” to drive in New Hampshire starting Novemeber 5th. The document does claim on the final page that there are “appeal rights” regarding the decision, as outlined by RSA 263:76. The word “rights” might make you think you have a right to appeal. However, on a trip to the Cheshire “superior” court, I was informed that there would be a $250 filing fee in order for me to use my “right” to appeal.
I filed a motion to waive the filing fee, citing that RSA 263 says the court “shall” rule in the case of appeal, which sounds obligatory. I also cite the NH constitution’s bill of rights, article 14, which states that legal remedies should be free. Finally, I cite a religious objection to funding an unjust and unfair system. Judge John C. Kissinger denied that motion citing Lamarche v McCarthy 158 N.H. 197 (2008). In that case, the NH Supreme court re-iterated several previous rulings that basically claim that NH Article 14 doesn’t say what it says. (more…)
My recent speeding ticket case in Hillsborough showed, yet again, that consent is not required for the state agents to act against your freedom, even though you are hurting no one. It even had a moment where a former police officer basically admitted knowing nothing about the constitution to which he supposedly swore an oath.
As reported here previously, the “City of Keene’s” smoke alarm case against me was recently in jeopardy of being dismissed as per the order of the Supreme Court. Now the have filed a five page memorandum of law explaining why RSA 606:10 V should not apply to their case. The Attorney General’s office has weighed in as well, with a boring 12-page filing on the same issue.
The filings argue that the RSA does not apply to civil cases and then they try to convince the Supreme Court that their matter is civil (though the district court files them as criminal…) so, they believe the case should move forward. The court has yet to issue an order on the matter. Stay tuned here to Free Keene for updates on this ongoing ridiculous case that the city people continue to fight with your tax dollars.
The “Planning, License, and Development” committee has “taken as informational” the suggestions from liberty activists that the council send a letter encouraging the legislature to decriminalize cannabis and also to repeal the paraphernalia ordinance. Citing “the children”, the committee ignored the factual, compassionate reasons given by advocates of freedom as to why they should not be arresting their neighbors for their personal, peaceful habits of drug use and instead bought the prohibitionist propaganda presented at the meeting hook, line, and sinker. Here’s an excellent article about the meeting by the Keene Sentinel’s Kyle Jarvis:
As states around the country pass laws decriminalizing small amounts or even legalizing marijuana, some residents want Keene to get onboard. But local police, community health leaders and city councilors aren’t convinced it’s the right move. (more…)
Premiering in this week’s AKPF #1 timeslot is Aqua Kourt Pillage Feud #02, the second installment of Robin Hood of Keene‘s edited trial highlights from the raw full hearing. The next such occasion is scheduled for September 30 and October 1, unless a motion to dismiss filed by attorney Jon Meyer is granted prior. An episode last month featured Pete’s testimony chopped down to a format easily consumable by a televisual audience. This week’s video consists primarily of parking enforcer Linda’s testimony, and drudges on indefinitely until details begin to emerge.
The NH Civil Liberties Union has run the numbers and found that across NH, blacks are 2.6 times more likely than whites to be arrested for cannabis possession. That’s a pretty serious indictment about a pervasive institutional racism present among NH police. (I’m not saying all cops are racist. Betcha some of them are, though.)
It gets worse, though. Cheshire county is far-and-away the worst place of all the counties in NH. Law enforcement officers here are nearly TEN TIMES more likely to arrest blacks than whites for cannabis possession. That’s just…stunning.
I recently had a hearing at the DMV where the Keene police prosecutor, Jean Kilham, attempted to prove that I am a “resident” and that therefore I have to get a NH driver’s license. I argued that “residency” is something that one must voluntarily seek. Originally, Kilham had brought criminal charges against me for not getting a license, but then dropped them before the trial and told me she was going to go after me via a DMV administrative hearing as the burden of proof was lower.
![smokeDetector[1]](https://i0.wp.com/freekeene.com/wordpress/wp-content/uploads/2013/02/smokeDetector11.jpg)
