Robert Saulnier Trial Aug. 15th

[Michael Fisher]

It's 90 minutes until the trial.  Cross your fingers for Salty.   

[Michael Fisher]

That's terrible! ? ?Has the Town indicated specifically what the public use will be for the property?

The Town of Newmarket is trying to steal this person's land and business to build a parking garage.    

[cathleeninnh]

Thanks to Anne's hard work and coutroom composure, Robert Saulnier is a free man tonight. Everyone is eating, thank goodness.

Cathleen

[KBCraig]

WoooHOOOOH!

By "free man", does that mean acquitted, or convicted but received no jail? C'mon, we know everyone is celebrating, but give us some scoop!

Good work, Anne. And congratultions, Salty!

Kevin

[John]

$1000 fine. $900 suspended.

[Michael Fisher]

He was found guilty but the judge let him off with a slap on the wrist (a $100 fine). ?This is probably due to Anne's composure. ?Justice Coughlin personally complemented Anne on the great job she did of defending her father! ?

I'll let her start off telling the story. ?

[John]

Oh, and to hear that Anne did a realy great job, doesn't quite capture what she did. ?You realy had to see her in action! ?VERY, VERY IMPRESIVE.

Congratulations Anne & Salty!

[John]

BTW, I think that both of the prosecuters aslo complimented Anne.

[Michael Fisher]

BTW, I think that both of the prosecuters aslo complimented Anne.

Yes, they did.

[Michael Fisher]

Okay I'll let Anne tell the story about the trial today, but here's some more info about what happened afterward.

The Union Leader reporter left.  Londonderry Times reporter John Robinson stayed and talked with us for an hour in order to gain a complete understanding of the facts and our arguments.  There was a lot of back and forth between us, and some of it was not pretty, but we agreed on a few points.

We all agreed that the Town, under the old Town Manager, illegally refused Bob's partial property tax payments.

Even the new Town manager was quoted by the Londonderry Times reporter as saying that refusing partial property tax payments is illegal.  Unfortunately, the old Town Manager cannot be questioned on this because he's dead.

[Russell Kanning]

Unfortunately, the old Town Manager cannot be questioned on this because he's dead.

the only good kind of bureaucrat

[technigirl]

Thank you, everyone, for the kind words and for taking the time to come out to the Court House today! ?

It went somewhat better than expected after Monday, even though the final finding was guilty. ?Here?s the long-winded play-by-play: ?

In November 2003 Dad pleaded nolo to a criminal trespassing charge for going onto the property. ?The judge was obligated to take judicial notice of this previous case (also heard in Derry District Court). ?Because of the fact that Dad did not contest the original trespassing it was therefore equivalent to admitting that he did not own the property at the time. ?Thus, at the beginning of the trial, Judge Coughlin indicated that we would not be able to bring up any ownership evidence that occurred before November of 2003 (which, I suppose does make sense).

Our last hope with allowing questions of ownership was by mentioning a Supreme Court ruling in December of 2004 that stated that the Town was neither a holder nor a qualifying holder in a case regarding the property. ?The Judge called a recess so that he could review the rulings and ultimately found that it the sequence of events occurred prior to November 2004 and could not be brought up as a defense here. ?That meant no talk regarding partial payments, constructive notice, or tax deeding.

So, Plan B (or maybe Plan C at that point) was to just get past the criminal trespassing charge. ?I called Dad as a witness and showed him a picture of the property prior to November 2004. ?This picture shows the house on the property with a chain in front and a big no trespassing sign. ?I asked if that was the state of the property when he pleaded nolo to entering on the property last November. ? I then showed another picture that shows the present state of the property, with the house removed and no signs or barriers in sight. ?

The court order that stated he was not allowed on the property from the first criminal trespassing charge expired in November of 2004, and no other notice was sent to him indicating that he was not allowed on the property. ?No signs were on the property to indicate that it was off limits to the public. ?No structure currently exists on the property. ?So, even if he were not the true owner of the property (as was his state of mind when he entered onto it), he was still a citizen exercising his first amendment right on public property just like anybody else. ?

The Town Prosecutor, Kevin Coyle, asked if Dad thought that all public property was open to the public (Police Stations, Town Halls, Fire Stations, etc.). ?When Dad said, ?Well, yeah?? he asked, ?Even if the building is closed?? ?Dad answered, ?No, of course not, that?s a completely different story.? ?He then reiterated that there was no structure to enter on the property (it is now just an empty lot).

The Town Manager, Dave Caron, was re-called to the stand and he admitted that the Town of Londonderry was a local government, put in place to serve the public (?among other things?), and that land owned by Town would thus be public property. ?He also stated on re-direct that is was mandatory to get a permit to use public land like the Town Common. ?

John Robinson from the Londonderry Times who stayed to talk to us aptly pointed out later that many a Frisbee game occurs sans permit without backlash from the Town?

I fumbled a bit through the closing statement and tried to get the point across that state of mind is crucial in proving a criminal trespassing charge and that Dad ?knew? in his mind at the time that he owned the property and felt he had every right in the world to be there. ?If not, then the land was still owned by an entity that exists solely to serve the public and he should be able to exercise his first amendment right on public property.

Judge Coughlin ultimately found that Dad went onto the property knowing that he had no right to do so.

I'm grateful that Judge Coughlin was lenient in allowing me a multitude of procedural errors and that the Town Prosecutor was reasonable on the sentence request. ?They asked for $1,000 with $800 of it suspended for 2 years and the judge granted $1,000 with $900 of it suspended for 2 years.

[Michael Fisher]

Unfortunately, the old Town Manager cannot be questioned on this because he's dead.

the only good kind of bureaucrat

Russell, that is a very violent comment.  Even if you were kidding, that's a terrible joke in my opinion.   

[Michael Fisher]

Thank you, everyone, for the kind words and for taking the time to come out to the Court House today! ?

You're welcome!  Thanks for having us.    I only wish I could have done more to help.

This is not over yet.  I'm sure a lawsuit is around the corner, depending on what Salty wants to do.  His desire to refuse to compromise is quite understandable.

[Michael Fisher]

Hmmm... should we do a new press release about today's result?  Or should we wait until he sues the Town?