In this episode, we discuss the Palmer, Mass. win, Rich Paul’s sentencing, Keene’s new city budget and government funded man caves. Jay Freeville joins us. I found him a big ole Papa bear chair off the side of the road that was just right.
Thanks to Meghan Pierce for the excellent front-page feature article in the Union Leader on Robin Hood and the Merry Men and Women’s first appearance in court yesterday.
Plus, we got a feature story from Kyle Jarvis at the Keene Sentinel, though he (or perhaps the editors) wrongly states that I spoke on behalf of the other Robin Hooders at the hearing. This is not true. I did most of the speaking because the court was hearing my motion to dismiss. I wrote it, so I spoke about it. The others had nothing to do with that motion. I don’t represent them and they don’t represent me.
Finally, a video report from WMUR. Stay tuned as more media will be posted as it comes in.
Here’s the text of the Union Leader piece: (more…)
On March 16 of this year, I received a parking ticket while parked on Winter Street. After looking at the ticket, I realized that the ticket was written before the meter was supposed to have expired. I had parked at 1:00pm and put enough money in the meter to cover the next 1 hour and 6 minutes. The ticket was written at 2:05:57. A few days later, I went to the Police Department stating that I would like to challenge the ticket. A Pre-Trial Conference (PTC) was set, and I motioned to waive the PTC. A Hearing was then scheduled for June 12 at 9:00am.
I arrived at the District Court at approximately 8:40am and at 8:50 was called by the Clerk to go into the “small room” near the lobby. I can only guess that Judge Burke did not want everyone in the main court room to see the trial.
The only witness against me was Jane McDermott, the Parking Enforcer who issued the ticket. During cross-examination I asked how, since the meters aren’t calibrated, she knew the meters kept accurate time, she stating that she doesn’t know, but if the batteries are bad, they replace them. I attempted to make a statement and was told that I would have to testify in order to introduce any “evidence,” so after the “City” rested it’s case, I was sworn in. I stated that on the date in question, I had parked at 1:00pm and put enough money in the meter to cover the next 1 hour and 6 minutes, which meant the meter should not have expired until at least 2:06 (and some seconds). Since the ticket was written at 2:05:57, I was shorted some amount of time that I was owed.
Judge Burke then said “Since the burden of proof is on the City to prove guilt beyond a reasonable doubt, I am marking a finding of not guilty.”
The first hearing of the civil action filed by the “city of Keene” against myself and five others, alleged to be associated with Robin Hood of Keene, commenced earlier this afternoon. (Full video here) Despite the city’s numerous written pleadings for urgent action to be taken by the court, the issue of whether a preliminary injunction would be granted was not entertained. Instead, the judge requested optional positions from both sides on the constitutionality surrounding the proceedings, granting twenty days to file additional paperwork before a full evidentiary hearing would be scheduled. The city’s attorney Tom Mullins did not make much effort to obtain the emergency injunction he had sought after Ian Freeman’s motion to dismiss became the primary subject of today’s hearing. Ian is the only individual of the six named to have filed additional motions with the court, the five others only having responded as was obligated of them through answers to the city’s initial filings. Sought by the nebulous “city of Keene” through Mr. Mullins is a fifty-foot barrier between those who participate in Robin Hooding (or in Pete Eyre’s case, are somehow vaguely associated with Robin Hooding) and the city’s three parking enforcers.
Handed to the defendants by Mullins upon entry to the court was a new memorandum repeating the city’s position and dated June 11. Attached to the back of this new memorandum, which Judge John Kissinger asked not be considered before defendants have ample time to respond, was a faux-order from the court presumably penned by Mullins, which leaves a blank space for a signature if the court were to issue it.
During today’s hearing Judge Kissinger rightly asserted that at the full hearing, evidence would need to be brought forward supporting claims against each of the six individuals, prompting Mr. Mullins to allege that the defendants were not just “any group of individuals”, but a, “collective group”. Mr. Mullins reiterated his assertions that the intention of participants in Robin Hooding is the elimination of the city’s parking department by means of “harassing and intimidating” parking enforcement officers, which presumably constitutes a criminal act under NH RSA 642:1, Obstructing Government Operations. (more…)
Thanks to Jacqueline Palochko from the Keene Sentinel for live tweeting during the hearing today. Stay tuned here to Free Keene for a write-up, coverage by other media, and full video.
Reporters Ed Comeau and Mellisa Seamans are suing the Carroll County Commissioners for failing to comply appropriately with NH RSA 91-A regarding freedom of information requests. Here is an article about it by the Conway Daily Sun and one written by Seamans.
Ed Comeau confronts the commission here:
Thanks to heroic photojournalist Carlos Miller from Photography is Not a Crime for his coverage of the Palmer camera arrest settlement.
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