Weare Police Apologize for 1A and A8 Violations: adventures in the free state

[Keith and stuff]

adventures in the free state:
Tuesday, July 15, 2014
Weare Police Apologize for 1A and A8 Violations
http://bikerbillnh.blogspot.com/2014/07/weare-police-apologize-for-1a-and-a8.html

I don't even think the author is a free stater or related to the FSP or anything. So his blog title is funny.

It's a pretty encouraging tale, with some bumps along the way. Apparently, the Weare PD had several officers that thought they were above the law, including the chief. Some free staters moved to town and started to document the police abuse folks were receiving. Even some locals got involved in the documenting. The police couldn't handle the increased light shined on them. I think this is the 7th case the Weare PD insurance company settled this year.

Several of the officers were replaced. The chief was replaced. He was silly enough to ask to people to increase his budget at the town hall meeting this spring. The voters overwhelming said no to him, line item by line item. The chief seems to have got it and recently announced that the officers now have to wear cameras when interacting with the public. With this announcement, he admitted that the arrest (he wasn't the on the force at the time) was wrong. He said he will do additional training of his officers and that he was sorry.

This was hard on the people of Weare. They went through years of crappy police. But thanks to folks shining light on the crap, it appears to finally be over. This is a real case of free staters increasing the quality of life in a community by just being great members of the community and not taking plea bargains.

(This post doesn't currently include the much-anticipated video interview with my attorneys regarding our civil suit victory, since they went on separate [yeah, yeah, well-deserved] extended "benders" [there may have been a honeymoon an' shit involved] following resolution-in-theory. Said video will be added ASAP...)

You read that right, faithful reader. "Regret and apologize." And that's the US Constitution's 1st Amendment 'free-speech' protections and the NH Constitution's Part 1st (the state Bill of Rights equivalent) Article 8 'government accountability' mandates (as well as Article 22 'free speech,' of course), particularly, exercise of which on the fateful night of 7/10/2010 eventually earned your humble chronicler, over 7 months later on 2/22/2011, service of a belated but by then presumably quite carefully considered -- yet still profoundly misguided -- felony 'wiretapping' warrant.

These violations were in addition to their demonstrated serial contempt (and, in fact, uniquely demonstrated, WPD being the only NH police department ever to not eventually, wisely, in a nominally Article-8-'the-boss-has-given-us-our-orders' self-preservation sort of way, drop such charges for recording an employee cop) for NH statute RSA 570-A:1's clear definition of "oral communication." This state law stipulates prevailing circumstances justifying an expectation of privacy first before audio (the only type even at issue) recording can be considered "illegal". You say, officer, that you can't be overheard on a public street -- to say nothing of while coercing a non-voluntary conversation, on highly suspect pretext, as a public servant? I don't think so.

So, following yet another popular and well-deserved eventual defeat (and rapid settlement) in the legally related 'Gericke' case most recently before the US First Circuit Court of Appeals mere weeks ago (links to much relevant media -- along with the documenting of far too many other less-than-shining, occasionally surreally-malevolent-circus-like departmental moments, certainly not least of which being the tangential 2010~11 shakedown/perpetual stakeout/prosecution of a small business owner and subsequent settlement, or last year's infamous holy-shit-where-did-that-come-from "Murder by Unsupervised Sleepy Cops at a Donut Shoppe [followed by complicit AG dereliction]" and another subsequent quiet settlement thereof [are ya detecting a pattern here?] -- can be found interspersed here) -- anyway, following 'Gericke' (which was WPD's second 'wiretapping' civil settlement to that point), the ever-hapless Weare PD here once again played 'Washington Generals' to their frequent adversaries -- my champions on the field of high-stakes juridical combat -- the Law Offices of Martin & Hipple's 'Harlem Globetrotters'.

Apologize. With a formal letter. From the Weare police department. Yes. I don't know what it may have cost during settlement negotiations in terms of potential maximum monetary damages, but it was my (perhaps unrealistic) objective from the beginning. And my attorneys got it. And it was so worth it...

Oh yeah, and $35K is nice, too, particularly given that my property taxes will likely be going up -- again -- to pay "my fair share" of so very much restitution for all WPD's arrogant transgressions against its employers, AKA humanity, and humanity's inalienable rights. And with it, too, WPD might just discover that they're helping to fund some more "projects" they'd probably still rather not be associated with...

And again, a profoundly heartfelt "thank you" to the Free State Project community, as well, for rallying to my financial and emotional support, desperately needed for me to wage this small, but I believe significant, and now finally successful fight against today's aggressively metastasizing police/"security" state. And thank you, Carla, for (being forced to) taking point in the 1st Circuit so I didn't have to. ;-) Hey, you got this kind of community where you live now, dear reader...?

So here's the letter of regret and apology, received on 6/25/2014 during final negotiations, 15 days shy of 4 years since the start of this oppressive odyssey -- again, one for which, as a Weare taxpayer, I've been "privileged" to fund both sides. Given the department's apparent cultural transformation (so far), I believe it was worth it. "No admission of wrong-doing" standard boilerplate? Ri-i-ight...

That is about 1/2 the blog post. Click on the link to read the rest and see the letter where the Police Chief said the department he recently took over was wrong and he is sorry. http://bikerbillnh.blogspot.com/2014/07/weare-police-apologize-for-1a-and-a8.html


Video of the event with details.

 

[Keith and stuff]

Weare Police Settle Another Cameraman Arrest Case for $35,000
http://freekeene.com/2014/07/16/weare-police-settle-another-cameraman-arrest-case-for-35000/

Just over a month has passed since attorney Seth Hipple spanked the notoriously corrupt Weare police in court and snagged a $57,000 settlement for Carla Gericke (the president of the Free State Project). Now, Hipple wins again and Weare is paying up $35,000 more to another liberty activist, Biker Bill Alleman, who was also arrested by Weare police for recording video in public in 2011.

In a press release announcing the settlement, attorney Hipple says, “The precedent set in Gericke v. Begin is just now starting to ripple through the courts…and I look forward to seeing many more victories for the First Amendment and government accountability in the coming years.”

Biker Bill is quoted in the release as saying, “I really hope we’ve seen the end of this unlawful nonsense in New Hampshire…Public servants need to understand, finally, that they’re ‘at all times accountable’ to the people.” On his facebook page, Biker Bill credits the Free State Project community as the reason for the success.

As part of the settlement, Biker Bill was given a written apology from new-to-the-job Chief John D. Velleca. Apologies from police are VERY rare. It states, in part:

“After reviewing your case and applicable case law, including the recent decision in Gericke v. Begin, we have concluded that your arrest… should not have occurred. Accordingly, we regret and apologize for your arrest and prosecution…I will continue to educate our officers on the importance of understanding and respecting the rights of all citizens, as well as the influence new case law has on policing.”

Will positive changes actually come to Weare PD? Don’t get your hopes up. In the meantime, the portion of the $35,000 that went to Biker Bill should buy him a fancy new camera!

Meanwhile, the NH State Police have created a similar case in their recent arrest of Free Keene blogger James Cleaveland for recording in public. How much will Cleaveland be awarded in the end? Stay tuned to Free Keene for the latest on the War on the Press.

 

[Anti Federalist]

That is rare...good job!

 

[Keith and stuff]

What does the "exert the fullest practical effort toward the creation of a society in which the maximum role of civil government is the protection of individuals' life, liberty, and property" part of the Free State Project Statement of Intent mean? Perhaps in this case, completely transform a police department from a culture of corruption to a culture of public safety?

Here are some highlights from the New Hampshire statewide paper article.

July 15. 2014 8:08PM
Another Weare police suit settled
By DALE VINCENT
New Hampshire Union Leader
http://www.unionleader.com/article/20140715/NEWS07/140719375

CONCORD — The last civil lawsuit filed in U.S. District Court against Weare police and the town over recording interactions with police has reached a financial settlement, to go with a written apology and the promise of change from the police chief.

Two Free State members [The FSP doesn't have members, it has participants) and a Libertarian Party resident claimed their First Amendment rights were violated when they were arrested for recording interactions with Weare police officers on duty.

In addition to an undisclosed monetary settlement [The amount is known. It is $35,000.], Weare Police Chief John D. Velleca provided a written apology to Weare resident William Alleman, who had maintained he was exercising his First Amendment rights when he videotaped his interaction with Officer Brandon Montplaisir during a traffic stop in July 2011.

Alleman was arrested the following February for felony wiretapping in connection with the incident, but a Circuit Court judge dismissed the charge against him. Alleman then filed his lawsuit in U.S. District Court.

Two other Free State members [The FSP doesn't have members and I'm pretty sure Bill isn't connected to the FSP at all.], Carla. and William., also had filed suit in connection with similar incidents involving Weare police. Those suits were settled previously.

Concord attorney Seth Hipple, whose firm of Martin & Hipple represented Alleman, said: “We were perfectly prepared to present our case to the jury.”

But the real goal was to obtain an acknowledgement that the police behavior was wrong and to find a way to bring about change. The settlement does that, said Hipple.

In addition to the written apology, he said: The money is a way to bring about a change.”

The town has had its insurance premiums hiked dramatically as a result of the financial payouts by its insurance company on lawsuits.

Velleca, who was hired by selectmen, had retired in 2011 as acting police chief in New Haven, Conn. He said Tuesday that he has made significant changes since his arrival. Among them is ensuring members of the department, all full-time officers now, are “very rights conscious.”

Velleca’s plan to equip officers with body cameras, worn on the chest and recording audio as well as video, is part of ensuring that, and he hopes to have the officers wearing the cameras within a month. “We’re still working on that. We’re really tweaking and adjusting the policy.”

The cameras will provide evidence, not only of what the officers are seeing and hearing, but also of what they are saying and doing. “You should never fear your police department,” said Velleca.

That video and audio evidence will be kept in the new evidence room.

“We’re upgrading our evidence room,” he said, making it secure, which was questionable before.

It’s part of making sure Weare police are meeting industry standards, along with making the officers all full-time, using body cameras and focusing on ensuring citizens’ rights as well as enforcing laws.

“This is a town that’s rooted in tradition,” said Velleca. He acknowledged that there is a trust issue regarding Weare police and conceded: “It’s going to take a while and consistency” to rebuild trust.

Among the ways to help in addressing the issue of trust has been through the creation of a new web site. Velleca gives major credit for the new site to administrative assistant Jennifer Postero.

“We tried to make it kind of user friendly,” he said, including a graph showing the officers activities each month. The most recent month posted online is May, but Velleca said June statistics should be posted within a few days.

The site also offers residents an opportunity for submitting feedback, including forms to complement officers, or to file complaints.