Group of activists arrested, Keene District Court April 13, 2009

[blackie]

With all of the other stuff that they have collected verifying his "legal name", there is NO reason why he should not have been released once they found out what his legal name is.

Even if they know his legal name, and he verifies it, he still need to agree to return for the trial before they will release him. If he doesn't consent to that, they will not release him.

[blackie]

http://freekeene.com/2009/05/06/update-visiting-hours-confusion-new-name/

Sam is now listed as “Sam A. Miller”

[Harry Tuttle]

I bet if he was a real criminal they would not be holding off a trial because he did not consent. No, they would proceed anyway. This is clearly an attempt to force him to play by the rules.

Unfortunately, I don't see where his hunger strike is helping him. Some already scoff because they don't see it as a "real" hunger strike, but his body is weakening, which may harm his ability to continue his fight.

[blackie]

I bet if he was a real criminal they would not be holding off a trial because he did not consent. No, they would proceed anyway. This is clearly an attempt to force him to play by the rules.

If he doesn't want to play by the rules, at some point they will just have a trial in absentia.

For more than 100 years, courts in the United States have held that, according to the United States Constitution, a criminal defendant's right to appear in person at their trial, as a matter of due process is protected under the Fifth, Sixth, and Fourteenth Amendments.

...
Although United States Congress codified this right by approving Rule 43 of the Federal Rules of Criminal Procedure in 1946 and amended the Rule in 1973, the right is not absolute.
....

However, the following exceptions are included in the Rule:

-if he persists in disruptive conduct after being warned that such conduct will cause him to be removed from the courtroom,

[blackie]

http://freekeene.com/2009/05/07/superior-court-judge-dismisses-nine-writs-of-habeas-corpus/

Basically, superior court judge Brian T. Tucker says since there has not yet been a trial (that they refuse to hold unless Sam gives them his legal name, which they already have), the writs are “dismissed”.

[blackie]

http://freekeene.com/2009/05/14/urgent-request-from-sam-some-good-news/

Please call 603-352-6902 before 4pm ET and request judge Tucker rule on the writ of habeas corpus for John Sam Doe, Docket #09-E-0085, today.

The good news is the state is apparently dropping the disorderly conduct charge along with the possession without a serial number charge. Of course, if the original arresting charge (disorderly) is being dropped, shouldn’t that also negate the follow up charges of “resisting arrest” and “refusal to process”. Are we close to Sam’s release?

UPDATE: Maybe not. Word from Ivy is the gangsters will now be charging him with their other favorite, “Criminal Contempt” of court. We’ll keep you informed as this develops.

[blackie]

http://forum.freekeene.com/index.php?topic=799.msg8546;topicseen#msg8546

From Ivy:

Update for today:

I had a very very pleasing day today in my travels around Keene.

First stop was Cheshire County Superior Court.  Wednesday (yesterday) at 4pm was the deadline for VanWickler to file a response to the latest writ I had filed, and specifically the court wanted a response to the "allegation" that Keene District Court was refusing to set a trial date.

He, through his attorney, County Attorney John Webb, filed their response, which basically said Yep, that's right. Keene District Court's not setting a trial.

There was no other argument or objection to the petition or writ - their entire filing was simply that what I had said was accurate.

This tells me the petition has a very very good chance of getting approved - keep your fingers crossed.

The judge who is assigned to this docket (Judge Brian Tucker) according to the clerk is the kind of judge that will weigh heavily the case before making a decision.  This is good, in my opinion, however it means he won't just make a quick ruling either.  She said his docket was fairly heavy today, and he is out of the office tomorrow, but he will be in on Monday and she expects he will make a ruling then.



Next stop was Keene District Court.  There I discovered the prosecutor in the case is no longer Eliezer Rivera, but rather a Chris McLaughlin has taken over this case.  I discovered they have dropped the charges of "Disorderly Conduct" and "Possession of Property Without a Serial Number" charges.  All three of these actions seem in response to the Demurrers I had filed.




Next stop was Keene Police Department.  There I discovered they plan on entering a new charge of "Criminal Contempt" against Sam.  The prosecutor said something about contempt of the court order to not film in the lobby.



 Azn This is great - now I get to challenge the "order" directly.

[DadaOrwell]

He's in his fifth week without solid food now.

[blackie]

Do you think Sam will become an hero?

[voodoo]

Holy smokes:



In another week he'll be able to just slip through the bars sideways.

http://www.keenesentinel.com/articles/2009/05/17/news/local/free/id_356129.txt

[freeAgent]

So he used to be 180 and now he's 115.  That doesn't sound very healthy to me.

[blackie]

He's lost 50 pounds in the last couple weeks?

[Jetfire]

malnutrition? He's just skin and fucking bones.

[BonerJoe]

He's lost 50 pounds in the last couple weeks?

Being a power bottom takes a lot of energy.

[blackie]

http://freekeene.com/2009/05/17/sams-detainment-makes-sentinel-front-page/#comment-79350

Comment by Sam's Dad

May 17, 2009 @ 4:38 pm

Mark emailed me and confirmed it was a typo. He’s at 160 or maybe a few pounds less. A good thing because I was on the internet making reservations to get up there.