I don't know any details beyond the news reports.
https://www.unionleader.com/news/crime/route-road-rage-ends-in-gunshot-wound-for-one-grafton/article_57053d6d-401d-526f-a17c-ca4de4283b17.html
https://www.wmur.com/article/one-man-charged-in-grafton-shooting/27317313
Well, that sucks.
""You don't bring a gun to a fistfight and gut-shoot someone," prosecutor Mariana Pastore said."
WTF, if you're already armed, are you supposed to say, "Wait a minute, you've punched me, let me go put my gun in my car so we my continue these fisticuffs."
Quote from: Tom Sawyer on April 30, 2019, 08:44 PM NHFT
Well, that sucks.
""You don't bring a gun to a fistfight and gut-shoot someone," prosecutor Mariana Pastore said."
WTF, if you're already armed, are you supposed to say, "Wait a minute, you've punched me, let me go put my gun in my car so we my continue these fisticuffs."
Yeah, that stood out to me.
Joe is a non-aggressive person. He's also a small guy. I don't know how big the other driver is (but FB pics show him as pretty chunky). Being punched in the face is deadly force, especially when there's a size disparity.
A better, more balanced article Man charged in Grafton 'road rage' shooting pleads not guilty, is held without bail (https://www.vnews.com/Grafton-Man-Accused-in-Shooting-Arraigned-25219982)
This Jason Marandos (https://www.facebook.com/jason.marandos1) fellow is a Trump hater and maybe a SJW, Masshole (?)
From his Facebook page
(https://scontent-lga3-1.xx.fbcdn.net/v/t1.0-0/q82/p370x247/21192735_1647116768634334_4709264904877216078_n.jpg?_nc_cat=109&_nc_ht=scontent-lga3-1.xx&oh=fe7fa1c29ccc3bfe29c0ed94d809c58e&oe=5D6F24E6)
Both the prosecutor and the judge seem to already believe he is guilty, when the only evidence they have is the word of the dudes wife.
I keep thinking about this situation...
The cop decides that it was a minor assault. Or was it the opening salvo?
The cop might have shot the guy under a similar circumstance. "I was concerned he was going to continuing to attack and the fact there were two suspects they might gain control of my weapon, so I fired."
Loud mouth, large guy runs into your car, punches you... I can imagine he might even escalate more when you produce your weapon. "Go ahead and shot me... I'm not afraid of you, I'll kick your ass."
I put a little money on Joe's commissary account last night, and got a phone call from his mom this evening to thank me. It went to voicemail while I was out, but I will give her a call back tomorrow to ask if there's anything more that he needs.
Grafton County jail has very limited visitation. Joe added me, but I'm not going to take up any time that could be spent with his kids instead. I'll send him an old-fashioned snail mail letter instead.
If you want to contribute money:
http://www.graftoncountynhdoc.us/about.html
If you want to write:
QuoteOnly letters with the proper return address will be accepted. Letters should be addressed as follows:
(inmate's name)
Grafton County Dept. of Corrections
3787 Dartmouth College Highway
North Haverhill, NH 03774
You MUST include your FULL first and last name along with a full return address in order for the letter to be accepted. Letters without that will be returned to the sender. Inmates can receive some pictures (no polaroids) but no other items should be included in the letter. No packages will be accepted.
yikes
Penny Dean is representing him.
I'm waiting to hear back if we should have a fundraiser.
Nice job KB.
Thanks for the update.
https://www.gofundme.com/joseph-brown-charged-for-act-of-self-defense
Joe's attorney is Penny Dean, who has a well deserved reputation as an excellent defender in self-defense cases.
She called me on Thursday and we spoke for about 30 minutes. She asked that anyone who knows Joe personally and wishes to vouch for his character, send a "to whom it may concern" letter that will be used to vouch for Joe's release on bail.
Being denied bail on the charge of first degree assault is almost unheard of in NH, especially for someone with no criminal record.
You don't need to know any details of the case (I certainly don't); you just need to know Joe.
Penny Dean
59 Warren St.
Concord NH 03301-3951
Hand-written is fine. I forced my slumbering ancient printer to wake up and do right, so that it would look all official since I invoked my "The Honorable" status.
Again, if you can drop a couple bucks to the defense fund:
https://www.gofundme.com/joseph-brown-charged-for-act-of-self-defense
Even if you can't, please drop a couple of bucks to his commissary account so that he can pay for phone calls to his children:
http://www.graftoncountynhdoc.us/about.html
Y'all know I worked the other side of the grey bars. I'm very aware of how the vendors screw over both the taxpayers and the inmates for massive profits. Keefe is the Grafton County vendor, and Keefe is probably the worst of them all.
"Being denied bail on the charge of first degree assault is almost unheard of in NH, especially for someone with no criminal record."
This makes me wonder if the Judge has motivations other than justice and if the Prosecutor is scheming to come up with a stronger charge. It's my understanding that the charges can be "upgraded" .
Grafton County Prosecution and Court has a "hair across it's ass" imho against liberty folk from Grafton. Joe may be the whipping boy for others past interactions.
Quote from: Free libertarian on May 17, 2019, 05:11 AM NHFT
Grafton County Prosecution and Court has a "hair across it's ass" imho against liberty folk from Grafton. Joe may be the whipping boy for others past interactions.
There is also the possibility that the other guy is connected.
Good point, that is among the possibilities.
Any word on when they are going to have him in court?
Quote from: Tom Sawyer on May 27, 2019, 09:13 AM NHFT
Any word on when they are going to have him in court?
No hearing has been set yet. Just this morning, the judge denied the motion to release on bail without a hearing.
https://www.unionleader.com/news/crime/driver-shot-during-april-road-rage-on-route-had-it/article_b9bbfdad-246b-57da-8127-349077ac4918.html
Another thing I learned this week: the arresting officer is Mitch Briggs, son of Michael Briggs, the Manchester cop who was killed on duty. The younger Briggs works for Grafton part time and has not completed the police academy. When he does, Grafton will have two full time cops.
Today's article also cites a witness who said the other driver was the aggressor. This is what all of us who know Joe already expected.
Joe has a bail hearing at 9 a.m. Monday morning 6/10, at the Grafton courthouse in North Haverhill.
Short notice, but I intend to be there.
If Joe was a cop he'd already have been found to have "feared for his life" and been back on the beat collecting revenue.
Quote from: Free libertarian on June 10, 2019, 07:06 AM NHFT
If Joe was a cop he'd already have been found to have "feared for his life" and been back on the beat collecting revenue.
Hell... he could have gone and shot the guys dog and burned his house to the ground as well!
The "bail hearing" turned out to not be one at all, even though that was the message left for Joe's attorney (she has the recording). There had to be some fit-throwing to even allow Joe to be "transported" the whole 500 yards from the jail to courtroom to even attend, for what turned out to nothing more than scheduling the trial date (8/20 for now), and an official request for a bail hearing (potentially July), along with attorney Penny Dean lodging her complaints about receiving discovery late, and on blank CDs.
Joe looked good, but of course we didn't get to talk.
Bail denied.
Because of course: it's Grafton County.
I couldn't attend this actual bail hearing because of a work schedule conflict, but I was told privately that it was ridiculously obvious that the fix is in.
I knew that the day after the last non-hearing, when the prosecutor's office that din't know nuffin, was featured in the Valley News with cites to all kinds of witnesses who suddenly had complaints about Joe's driving.
so I wonder what the next step is when the fix is in
I'm guessing his trial was postponed?
bump
Quote from: Free libertarian on November 18, 2019, 11:43 AM NHFT
bump
Found this article
https://www.vnews.com/Joe-Brown-Case-North-Haverhill-NH-29601513
QuoteBrown is due next in the North Haverhill court for a final pretrial conference on Nov. 20.
https://www.vnews.com/Joe-Brown-Case-North-Haverhill-NH-29601513
Thanks for the update info. Mr. Sawyer. The no bail thing is disconcerting, but not surprising given that he's a libertyish person from Grafton.
Interesting take from the prosecutor - "Pastore on Monday filed an objection to the motion to find the state in contempt, saying the defense fails to take into account the "logistical impracticality" of calling the lab every day to find out the status of the results, and she asked Judge Lawrence MacLeod to dismiss the complaint because it "is without merit by any measure."
It's like the prosecutor is trying to blame state bureaucracy for state incompetence, like the State's not a monolithic gang in this instance, but when the State prosecutes people the other side of it's mouth declares they act on behalf of "the whole state".
The Caanan Po Po camera footage is unavailable...I'm sure that's just a coincidence
I guess we should just be revealed they didn't burn his compound house down
Nope, they didn't burn his house down, but while he's held without bail (judges god complex?) , the oxymoronic "property tax" meter is still whirring away.
Quote from: Free libertarian on November 18, 2019, 06:21 PM NHFT
Nope, they didn't burn his house down, but while he's held without bail (judges god complex?) , the oxymoronic "property tax" meter is still whirring away.
Too true.
yea how long can they string this out
Quote from: Russell Kanning on November 19, 2019, 06:53 AM NHFT
yea how long can they string this out
"You have a right to a speedy trial...but we get to decide what speedy means" - them
Can you see this running more than a year?
Quote from: Russell Kanning on November 19, 2019, 11:51 PM NHFT
Can you see this running more than a year?
Don't know enough details to venture a guess how long the remaining legal circus will take, I'd be more concerned about after the circus if the state wins.
The no bail thing sounds like legalese for "let's ram it up this guys ass" .
yea we almost have to assume that
From what I have seen "Prosecutors" are by definition assholes.
I Youtube gun guy I used to sometimes watch got busted with 1/2 ounce of pot and they threatened him with 30+ years in jail by stacking charges, He ended up having to take the plea deal of Intent to distribute. He got 60 days...They took 400k worth of guns and he can never touch a gun again.
yea ... what sort of person seeks a "prosecutor" job?
In order to prosecute people for victimless crimes, one would have to be either delusional, ignorant, evil, blatantly hypocritical, an asshole or some combination thereof.
While it might seem like I'm just being mean, I mean that in a clinically self evident and demonstrably provable sense, sort of the way Robert Higgs describes "there are no good cops". Although I'm not sure if asshole is really a clinical term, but anus just sounds medical and not quite applicable.
the other thing that strikes me .... is how they are ready to prosecute any charge that is levied against an "offender".
I was in court this week in Waco TX for a hearing on whether the judge would allow me to represent myself. When I looked over at the little prosecutor girl .... I thought "she has no idea the facts in this case and why I was charged with 'failure to identify'". She said the contact was another prosecutor .... she probably had no idea why we were there.
Quote from: Tom Sawyer on November 22, 2019, 06:28 AM NHFT
From what I have seen "Prosecutors" are by definition assholes....
I may have had better luck with prosecutors than you have. In traffic court, anyway.
1) I got pulled by a rookie Massachusetts state cop in the early 1980s with a headlight out, and unfortunately, I hadn't renewed my NH driver's license on time. The cop wrote me up for both those offenses plus a noisy muffler ( I still had the receipt from its replacement two weeks earlier) and no insurance.
Everyone in that traffic court was "overcharged" so the prosecutor could agree to drop most if not all if you plead guilty to the only real charge, and he so offered. I established a good rapport with him and he dropped one, and then the next, and then, when I went for the whole ball of wax, he said, "You know, you're pretty slick. I bet you've been in trouble before". I left there with one small fine.
2) I got pulled for speeding in Mass, again with no insurance plus an expired reg, but the "magistrate" basically coached me on what to say and they dropped everything but the speeding.
3) I got pulled in Arlington, Virginia on federal property for I don't remember what, and the cop discovered that my license to drive in Virginia had been suspended because I hadn't paid a breakdown lane violation fine a few years earlier.
The Federal prosecutor was a peach. I mean, a real peach. When I met with him, he gave me a politician's handshake and said, "Here's what we can do". He said, "First, we'll drop 'this one' because everyone gets a deal here, and then, lets see what we can do about 'that one' ".
Here is where I got a legal education. I was written up for driving with a suspended license, but as he recapitulated the facts, he seemed to misunderstand, saying that I was actually driving without a license, and I thought, "Hell no! I'll be in deep shit if I had no license", so he listened to me patiently and then said, again, "OK, so you were driving without a license", and I said no, that my license was suspended, and I thought, "Man, is he thick!", and I tried again, but then he tried again. and said, "If someone is driving with a suspended license then they are violating an explicit Court Order and that can involve jail time, whereas if they are simply driving without a license, then the penalty is less, so, 'YOU WERE DRIVING WITHOUT A LICENSE, RIGHT?' " And I realized I had been the dummy and said, "Right" and got off with a fine instead of a jail sentence.
4) I got pulled in Maryland for driving a van that the rear license plate had been stolen from that morning, and, sure enough, the reg was expired, too and I only had my old insurance card, not my current one, and the jerk cop wrote it up as driving uninsured rather than failure to produce proof of insurance, and added two other whoop-de-doo charges as well.
When I got to court, I was the only white person in the courtroom. No exaggeration. The only one. I told the Black prosecutor that I was insured but just didn't have my current insurance card with me, because I had changed insurance companies recently and did not realize that my new carrier issued them for six months rather than for a year, and offered him both the one that encompassed the date of the offense as well as the older one, and I showed him my current, New Hampshire registration and mentioned that I was not a stickler on making sure that my proof of insurance card was current because insurance is not mandatory in New Hampshire, and he looked at the cards but didn't understand them and said, "So you've gotten insurance since then?" and I said, "No, I had insurance all along", and he twisted up his face, not understanding what I was saying and said, "As long as you have insurance now, we can
nol process all of this and we can send you on your way". I mean, he was acting like he felt bad about having inconvenienced me, and they made me the first case "heard" that session even though I was in the middle of the docket, and they swept the three real violations under the rug along with the overcharged one.
I know that's traffic court, but still, I was treated with kid gloves by the prosecutor every time. I sure hope I get treated like that if I ever do anything serious. Being white, my odds are of course better than if I were non-white.
Your right about being white...
Also being articulate is a big plus.
I have benefited from cops letting me drive away because they knew if they started writing me up it was going to be multiple charges that would really screw me.
Of course that doesn't compare to the old days where I often never even had to show my license cause I started rapping before they got to that stage.
Those days are over... They are all about collecting data points these days.
that was the only thing I had going for me in court last week. I was the only one who spoke loud enough .... in English ... so the judge could understand me. :)
https://www.vnews.com/Joseph-Brown-has-hearing-regarding-attorney-37060118
NORTH HAVERHILL — An attorney for Joseph Brown, a Grafton man accused of shooting another driver in a road rage case last year, is requesting to withdraw from the case, saying Brown can no longer pay his legal fees.
"I have been working pro bono for quite some time now," Concord-based attorney Penny Dean said during a virtual hearing regarding her request in Grafton Superior Court on Friday. "You're talking about months of free work."
Grafton Superior Court Judge Lawrence MacLeod did not issue a decision on Dean's motion Friday, but he listened to arguments from Dean and Assistant Grafton County Attorney John Bell, who worried about the delays Dean's withdrawal could cause.
Brown, 40, has been held in jail since he was accused of shooting Jason Marandos during an altercation on Route 4 in Grafton in April 2019. Marandos survived the shooting.
Following his arrest, Brown hired Dean, a private attorney, and pleaded not guilty to felony counts of first-degree assault with a firearm and two counts of reckless conduct, arguing he fired the gun in self-defense.
Jury selection was originally supposed to start in October 2019, but the date was pushed back several times before the COVID-19 pandemic forced jury trials to be postponed in New Hampshire in April until further notice. Trials are expected to start up again in Grafton County in January, but a trial date for Brown has not been chosen.
One of the key issues that Bell raised Friday centered on a hearing that both parties began in March to evaluate an expert witness on self-defense and firearms, who may testify at Brown's trial. The hearing has been on hold for months.
"Let's finish what we started," Bell said, suggesting that after Dean and prosecutors finish the evaluation, a public defender can be appointed in Dean's place. Dean agreed to finish the evaluation.
But MacLeod worried that a public defender might have a different approach to the defense than Dean has had, which could complicate a case that's already on its way to trial.
"That's kind of a quandary," he said, adding at the end of Friday's hearing, "It's not whether I'm going to allow you to withdraw, it's how we're going to do this."
The hearing comes several weeks after Dean filed her motion, citing financial issues that caused a "breakdown" in her relationship with Brown. Hours after her motion, Bell filed an objection saying in part that her withdrawal would delay Brown's trial, and writing that he was "skeptical" of the timing of her request.
In his Oct. 8 response, Bell suggested that the non-payment issue might be "manipulation" on the part of Dean and Brown. The judge is already considering whether it's constitutional to keep Brown incarcerated ahead of his trial, he wrote.
"Should the Court grant a withdrawal ... the Court may be more inclined to order the release of the Defendant on bail, an objective the Defendant has been attempting to achieve at various stages of the litigation since his arrest," Brown wrote.
Dean took issue with Bell's argument, calling his suggestion that she was manipulating the process "offensive."
"This counsel has expended much effort in her aid to obtain evidence expeditiously and to move this matter to trial, to suggest otherwise is risible," she wrote in a response to Bell, filed the following day. She went on to accuse prosecutors of playing a part in the case's longevity, saying they have made "no known efforts" to complete the March hearing.
The back-and-forth is the latest in many legal disputes between Dean and prosecutors over the last year-and-a-half since Brown's arrest. In that time, Brown's case summary has stretched to 42 pages long as both parties have filed numerous motions, objections and responses, amounting to over 300 court documents.
MacLeod said he expects to announce his decision on Dean's motion next week.
Thanks for the update.
Another consequence of this dang Covid Crap...
I wonder how long these things can drag along.
"MacLeod said he expects to announce his decision on Dean's motion next week."
Is that code for this time next year? Anyone hear anything more or know how he's doing?
Joe has finally been released to house arrest.
Still no trial date yet. No date for anything.
I guess these trials take forever ... even if he was found innocent .... (same with the crypto 6) you have lost all this time and money