After running over ducks, rep. taken away by Nashua police commissioner

[Silent_Bob]

http://www.nashuatelegraph.com/news/1025988-469/after-running-over-ducks-rep.-taken-away.html

NASHUA – On the morning of Dec. 24, Nashua Police Commissioner Thomas Pappas reached out to city police on behalf of one of his longtime friends.

It was 12:15 a.m., and Pappas had recently picked up David Campbell – a fellow attorney, sometime client and acquaintance of more than 30 years – at Campbell's office near the Crowne Plaza Hotel.

After dining with friends at the hotel, Campbell became involved in an incident outside the main entrance.

By his account, Campbell had consumed a couple of alcoholic beverages with his meal before leaving to move his car to the hotel parking garage. While he was en route, Campbell says he accidentally hit the accelerator, sending his BMW into a group of ducks.

Five were killed, and according to Campbell, one of the people who witnessed the episode – a former U.S. Marine who was feeding the birds – started coming after him, pledging to deliver payback.

As the situation escalated, Campbell left on foot and headed to his office, located nearby at Trafalgar Square, and called Pappas for help.

According to police reports, Pappas drove to Campbell's office and picked him up, whisking him away from the heated scene around the same time officers from the Nashua Police Department were beginning to arrive at the hotel to investigate the circumstances and piece together what happened.

As police searched for Campbell, they couldn't find him at the hotel or on the grounds and discovered he wasn't a guest or checked into any room.

A short time later, Pappas placed a call to a supervisor at the Police Department to discuss the situation on Campbell's behalf.

As one of Nashua's three police commissioners, Pappas holds one of the strongest oversight positions for the city's police. It's for precisely that reason that Pappas said he doesn't provide legal representation for clients in matters involving the Police Department. The potential for conflicts between his role on the police commission and his clients' interests are obvious.

But when he contacted Nashua police on the morning of Dec. 24, Pappas maintained he was acting as Campbell's attorney, as he has on several occasions over the last three decades. Pappas said he only ended that role when Nashua police confirmed over the phone that they were hoping to interview Campbell, and he became aware of the potential for a conflict of interest.

"When I picked David up at his office building, I had no knowledge at that point that the police were looking for him, that the police were involved," Pappas told The Telegraph.

"When I became aware that the police were involved, I called the station and spoke to the desk sergeant to ask what they would like to be done."

According to police records released to The Telegraph last week, a station supervisor working the midnight shift spoke with Pappas, who asked whether police were looking for Campbell.

"Pappas stated David Campbell was a friend of his and was now at another friend's house and that Campbell's cell phone was dead," a report filed by Sgt. C. Camacho says.

According to the report, Pappas offered to have Campbell get in touch with the officer investigating the incident in the morning. Campbell was interviewed by police 16 hours later.

Pappas' account differs from the police report. Pappas told The Telegraph he asked the desk sergeant whether Campbell should come to the station to speak with an officer, but the desk sergeant told him the investigating officer's shift had ended, and instructed him to have Campbell contact police in the morning.

After contacting police on Campbell's behalf, Pappas said he ceased functioning as Campbell's attorney.

"Once the officer, the desk sergeant, confirmed that they're in fact looking for David and would like to speak with him, that's when I – I haven't contacted the Police Department about that since," Pappas said.

But because he was offering legal advice to Campbell after the ducks were struck, Pappas maintained that he can't discuss what happened that night. He declined to answer questions about the incident when he was contacted Jan. 3 by a Nashua police officer, according to a police report.

"Commissioner Pappas further informed me that any conversation that occurred between him and Mr. Campbell on the night in question would be protected by Attorney Client Privilege," the report says.

Campbell offered the same explanation when he was questioned about the incident by police.

"Mr. Campbell stated that Mr. Pappas, who is his lawyer, picked him up from his office, and gave him a ride home," a police report states. "Mr. Campbell then went on to state that his phone died that night and was unable to receive ... any phone calls."

The view of attorney-client privilege isn't shared by everyone who has reviewed the circumstances.

During an interview last week, Eric Wilson, the attorney now representing Campbell, said he doesn't see why Pappas would be prevented from discussing the situation.

Wilson said he understands that Pappas and Campbell are longtime friends of 30 years and are both attorneys, but said he doesn't believe Pappas was representing Campbell on the night of the incident, or that Pappas enjoys any kind of attorney-client privilege with Campbell.

"I don't think, in any fashion, attorney Pappas was representing David Campbell on December 23 or in any other fashion related to the incident," Wilson said.

Nevertheless, Pappas stands firm in his belief that his attorney-client relationship has never ceased with Campbell.

"I represented David for many years, and it's my belief that David enjoys attorney-client privilege with me," he said.

Campbell was recently cleared of any motor vehicle infractions after police concluded their investigation into the incident. He was cited for killing five ducks and fined.

After the charge was filed, a Nashua police spokesman declined to offer comment on the attorney-client relationship between Campbell and Pappas.

"You'd have to speak with Commissioner Pappas about that," Capt. George McCarthy said. "I know what Commissioner Pappas said in the investigation, and that was thoroughly documented, but to answer that question, you'd have to speak with him."

Jim Haddadin can be reached at 594-6589 or jhaddadin@nashuatelegraph.com. Also, follow Haddadin on Twitter (@Telegraph_JimH).

Editor's note: This article was updated to reflect the differing accounts of what Pappas said to police when he called on David Campbell's behalf. The police report says Pappas offered to have Campbell get in touch with police in the morning. In an interview with The Telegraph, Pappas said he asked the desk sergeant whether Campbell should come to the station to speak with an officer, but the desk sergeant told him to have Campbell contact police in the morning.

[Jim Johnson]

In my experience it would not have helped to tell the ducks to duck because someone invariably yells "Gray Duck" and everyone chuckles until the ducks get run over, then everyone looks at you like you made a joke about the ducks getting run over.

[Free libertarian]

He'll have to get his ducks in a row to get out of this one.   

[Silent_Bob]

He pled no contest to illegal taking of waterfowl.

[Jim Johnson]

He pled no contest to illegal taking of waterfowl.

Really?  That's the charge?  Was 'Wanton disregard for life cause I'm so drunk and import' too many syllables?

[Silent_Bob]

He pled no contest to illegal taking of waterfowl.

Really?  That's the charge?  Was 'Wanton disregard for life cause I'm so drunk and import' too many syllables?

Ay yuh.

http://www.unionleader.com/article/20140110/NEWS03/140119945

NASHUA - State Rep. David Campbell of Nashua pleaded no contest on Friday
to killing five mallard ducks with his vehicle last month.

Campbell made the plea at the 9th Circuit Court, Nashua District Division,
and paid a fine of $620 for the violation, along with a $75 restitution
payment to New Hampshire Fish and Game.

According to court documents, he was charged with one count of illegal
taking of waterfowl for the Dec. 23 incident outside of the Crowne Plaza
in Nashua.

[Free libertarian]

I wonder how he got his Buick in the duck blind?

[KBCraig]

Duck and coverup.