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The State of New Hampshire vs. Freestaters

By Kat Kanning

The number of court cases involving Freestaters have skyrocketed this year. Some cases were initiated by intentional civil disobedience, some as the result of Freestaters just wanting to be left alone, as long as they aren't hurting anyone.

Andrew Carroll will be arraigned on 3/3 in Keene for his marijuana civil disobedience. Carroll intentionally possessed a tiny amount of marijuana, while himself not being a user, to demonstrate how idiotic drug laws are. (See Activist Arrested for Plant Possession http://newhampshirefreepress.com/?q=node/306) Ian Freeman has been threatened with imprisonment for promoting this event on his radio show, Free Talk Live, http://freetalklive.com. (See Keene Talk Show Host Threatened with Imprisonment for Speaking out Against Drug War http://newhampshirefreepress.com/?q=node/309)

On 3/3 also, Mike Barskey will be dragged to Keene District Court to hear charges against him for organizing an “unlawful gathering.,” otherwise known as the Keene Freedom Festival. (See Keene Police vs. Freedom http://newhampshirefreepress.com/?q=node/251) Charges against Ian Freeman and Toby Iselin were dropped in this case, apparently since they were not involved in actually organizing the festival.

Dave Ridley plans to attend these two court cases and “film or be arrested.” Cameras have been banned for many Freestater court appearances. It appears that the courts have something to hide. So Ridley plans to film the proceedings on the 3rd, or be arrested in the attempt. (See Pro-media civil disobedience at Keene District Court http://newhampshirefreepress.com/?q=node/326)


(Dave Ridley. Photo by Kira Dillon)

Cynthia Ouellette of Dover appeared in Dover District Court on February 9th, charged with not registering her car. She cited cases that showed we have the right to travel and suggested that being forced to register her car infringed on her right to travel. The government pointed out that Cynthia was depriving the state of its revenue. Ms. Ouellette asked the policeman who had ticketed her if he was employed as a revenue collector for the state. The policeman just seemed confused by the question. Filming was banned at this trial.

Mike Barskey has experienced other run-ins with the law. He was speeding on 101 in Amherst on January 2nd and was pulled over. He was wearing an unloaded gun and his passenger, Teri Kaneshiro, had an open container of beer. Barskey was charged with speeding, concealed carrying without a permit, and for his passenger's open container. Barskey declined to show up in court under threat of force, and was arrested for Failure to Appear on 2/1. He spent 4 days in jail and was finally released on bail. His trial is scheduled for March 12th.


(Teri Kaneshiro. Photo by Kira Dillon)

Teri Kaneshiro admitted in Milford District Court that she had an open container, but caught the Amherst Policeman in so many mistakes/untruths that the judge came back with “No finding” and had Teri released without fines or other punishment. Kaneshiro planned to refuse any fines and instead do jail time in protest of being harassed for a victimless crime. The verdict (or lack of) came as quite a surprise. Her open container was returned to her. Filming was banned at this trial.

Jesse Maloney and Charlie Gerlack attended the arraignment for Mike Barskey at Milford District Court. When Maloney entered the courtroom, he refused to remove his hat for “moral reasons,” which he later stated as being that he wasn't hurting anyone by wearing the hat. Maloney represented himself in trial and was sentenced to 1 day imprisonment, time served. Filming was banned at this trial.

Charlie Gerlack didn't even make it in to the courtroom. He questioned bailiffs on what law required them to remove their hats. Officer Blastos of the Milford Police declared that this slight young man was blocking the 6 foot wide doorway. He slammed Gerlack against the wall, causing him to scream out in pain. Charlie was handcuffed and arrested.

Back in October 2007, Milford Police had objected to being characterized as “thugs” in this paper for dragging Lauren Canario from her car. They seem to have proved the point. (See Lauren Kidnapped by Roadside Thugs http://nhunderground.com/forum/index.php?topic=11106.0)

Gerlack also represented himself in trial. At one point a court officer testified that Charlie was placed in handcuffs for his own protection, causing the audience of 26 Freestaters to burst out laughing. The judge threatened to have people thrown out of the court for laughing. Charlie was sentenced to 1 day imprisonment, time served. Filming was banned at this trial.

Jack Shimek describes his recent run-in with the law: “I was working out of state and was returning 4 days after my inspection sticker expired. The next morning I was going to head to the inspection station but was stopped and ticketed. Trying to stay organized I put the ticket in a folder for "car inspection" and promptly forgot it. As time went on, I missed the response date, any hearing, any letter informing me I was to be suspended (went to old address) and the day after my license and registration suspension went into effect, I got arrested in Bedford, cuffed, car towed, cruisered to the station, booked, bailed, given a ride home by Freestater friends (I was on the phone with a fellow Freestater when the bust went down), mooched rides all weekend. It was a Friday night and I couldn't get my issues cleared up until Monday and get my car back. Still can't find the rest of my key ring they seized.”

Then on the 24th, Shimek added: “I was arraigned yesterday in Merrimack District Court on Driving after suspension - 2nd offense. Told them I absolutely did not knowingly operate after suspension. Clifford Kinghorn, the judge, entered a not guilty plea. He explained that because the 2nd offense was a misdemeanor with up to a 1 year in jail penalty, a conviction requires the state to prove I KNOWINGLY drove after suspension. I told him the DMV had mailed the notice to the wrong address and he said show all my paperwork to the prosecutor to see if the prosecutor would drop the case. That's my next step.”

Cynthia Ouellette suggested at her trial that Freestaters were being intentionally targeted (most Freestaters have bumper stickers which make them easy to identify). Is this the case? Is it just a case of the state being desperate for revenue, like a tick on the back of a dying host, sucking more and more blood? Or is it that the number of Freestaters resisting oppressive government has grown so much, that such conflicts are inevitable?


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