Robert Saulnier Trial Aug. 15th

[technigirl]

Merci beaucoup, Mike, for coming out? ? It was really awesome of you to do that, and we greatly appreciate the support...

Today definitely didn't go as well as we would have hoped.? The Derry District Court is set up with general sessions (everyone is given the same court time).? We were scheduled for 9 a.m., but the docket was pretty full.? We ended up being called just after 3:00 p.m..

Dad's entire defense for the criminal trespassing charge is based upon questioning the ownership of the property.? All of the documentation that we had put together regarding the matter was not accepted by the court because there have been other rulings related to the property in question and the Judge wanted an opportunity to review the judgments before looking at the paperwork.? Thus, we also couldn't ask the witnesses any questions pertaining to ownership and have to wait for the continuance of the trial on Wednesday to find out if it will even be admitted at all.?

It's so frustrating.? I definitely wish I had a law degree.? All and all I think the Judge seemed like a good guy though, so hopefully the evidence will be allowed on Wednesday at 11:00 a.m..? We shall see...? If the ownership issues are not allowed then there's still the question of why he was arrested for protesting on public property.? Otherwise, he will have to spend 72 days in jail.

Here's the info that we attempted to present (including a summary and relevant scanned documents related to how the Town failed to comply with mandatory statutes regarding taxation and foreclosures:

http://www.londonderrydidthis.com/CourtSummary.zip (it's about 1.78 MB)

The rest of the sessions that we heard definitely give some frightening insight into the system.? There are a lot of tragic cases out there with defendants that waive their constitutional rights for stupid offenses.? One guy was arrested at his home for possession of alcohol because it was found in his blood.? Another received a six month jail sentence for stealing baby formula and diapers (though the latter was a repeat offender and was very accepting of the sentence).

Definitely not an uplifting day in court?

[KBCraig]

If the ownership issues are not allowed then there's still the question of why he was arrested for protesting on public property.

Ah, that is the question, isn't it? If it was his property, he couldn't be trespassing. If it was city property, he couldn't be trespassing.

Definitely not an uplifting day in court?

Hang in there. I wish I could offer more than kind words. You and your family are an inspiration, and I hate to see you being dragged through this.

Kevin

[Michael Fisher]

Bienvenue, Anne. 

BTW, do you remember the name of the judge?

[Michael Fisher]

Nevermind, found it.  It's Justice John J. Coughlin.

[Michael Fisher]

It feels great to have been there for Salty.? It was sad to see so many people, at least two-thirds of those in court, being charged with victimless crimes.

One man, as Anne said, was charged with illegal possession of alcohol for having alcohol in his blood while drinking in his own home. ? Another man was charged with drunk driving for being responsible and sleeping in his car while he was drunk instead of being irresponsible and driving.? ? He had the keys in the ignition, so they considered that "driving".? He probably just wanted to listen to the radio or use the air conditioner.? 3 or 4 others were charged with possessing a small amount of a plant that the government doesn't like.? 3 others were charged with driving without the government's permission.? Only one-third of those charged had actually stolen anything or hurt anyone.

WMUR and Londonderry Times reporters recognized me.? We explained to WMUR what we were doing but they decided not to cover it at the time - WMUR was in our courtroom for the DHL Heist story.? WMUR showed film on TV tonight from the exact courtroom we were in.? ? I want to get a snapshot of this video of the courtroom and the judge for our front page, but some custom video codecs on my computer are spazzing right now and the video looks orange!? Can someone get a snapshot of it?
http://www.thewmurchannel.com/news/4852639/detail.html

Beth from the Portsmouth Herald called twice while I was in court with Salty.? She wanted my comment on a story out of Manchester of a man who was arrested after his car broke down.? The man was a fugitive with an arrest warrant for operating an unlicensed barber shop.?

I called her back and said that as long as his customers knew they were buying services from an unlicensed barber shop, then no harm has been done and I would defend him.? However, if he hid this fact from his customers, then I will not defend him, even though I believe he should not need a license to operate.

I spent the day with the Saulniers family and their friend and learned quite a bit about them.? They are very nice, decent people.? I vowed to fast for Salty if and when the time comes.? If he goes to jail for 72 days and I fast for a while and risk death by starvation, I feel it will be worth it.? ? The town in this matter is an absolute tyrant that appears to have had every intention of taking Salty's home from the very beginning.? ?

[Michael Fisher]

Oh yeah, the WMUR reporter's name was Kevin Flynn.

[Michael Fisher]

Nevermind, I figured out the video problem.  The new nVidia video drivers do not like hardware video acceleration.

But it doesn't matter because the video is too small and grainy for a snapshot to use on our front page.

[Dreepa]

was charged with illegal possession of alcohol for having alcohol in his blood while drinking in his own home.

Crazy...............Shouldn't the State be charged as well?
I mean who sold him the liquor?

[Michael Fisher]

It's so frustrating.? I definitely wish I had a law degree.? All and all I think the Judge seemed like a good guy though, so hopefully the evidence will be allowed on Wednesday at 11:00 a.m.

I'll be there on Wednesday at 11am.? Hopefully more Porcupines will join us this time.

If Salty's convicted at Wednesday's trial, he'll be sentenced and arrested on the spot, right?? I need to bring a camera to this one and pre-write a press release for my fast just incase he does not win.? ?

I think he found a relatively reasonable judge for this one and I'm very hopeful of a good or at least mixed outcome for him.?

[Michael Fisher]

Salty could be in jailed within the next 36 hours for a possible sentence of over 72 DAYS IN JAIL for trespassing on his own property!

I'm starting on the press release right now, just incase he's convicted tomorrow.

LET'S DO THIS!!!

[Michael Fisher]

The judge seemed relatively reasonable and allowed Salty to make many procedural mistakes because he was defending himself pro se, but that didn't last long.

The government's methods in court are filthy and disgust me to the core.? They refused to enter into evidence ANYTHING Salty presented, including a copy of an authentic document signed by the Town Manager's attorney, copies of RSAs applicable to the case, and photographic evidence of attempted partial payments!? ? ? The prosecution objected and dismissed the letter as "hearsay" because it was not signed by the actual Town Manager.? ?? The worst part is that the judge, who seems relatively reasonable for a district judge, upheld that objection and refused to accept the signed document into evidence, calling it "hearsay" in his own words.

However, when it came to the government's evidence, Salty allowed it because he believed it was only fair.? He's trying to be nice and respectful, unlike the state, but it's hard for him because he has a lot of strong emotions in this case.? Perhaps it would be best to have his daughter do the talking for him, if she's up for it.? I cannot imagine how difficult this must be for him.? ?

If the government's dirty methods do not completely reverse on Wednesday, then Derry District Court may be seen as a typical pro-big-government kangaroo court.? It will be sad if Salty loses this case because New Hampshire is the shining beacon of liberty in America today.

[Michael Fisher]

It took over 2 and a half hours, but here's the initial draft.? It's really long and will need approval, fact-checking, and a lot of work, but I need to sleep!

Here's the initial draft of a press release we can send out IF Salty loses in court tomorrow.



From NHFree.com
INITIAL DRAFT COPY - DO NOT RELEASE


Londonderry man jailed, activist vows to suffer

Derry, NH, August 17, 2005 - A Londonderry man arrested for trespassing on what he believes is his own property was convicted Wednesday and sentenced to 72 days in Rockingham County jail.? Meanwhile, a renowned libertarian activist will fast in order to secure his release.

Robert Saulnier, (age??), was arrested for the second time in July for trespassing on the property at 22 Grenier Field Road.? Once owned by Mr. Saulnier, this property was deeded to the Town of Londonderry in May of 1999 for his alleged failure to pay taxes due on the property.? The property is now the proposed future site of a Town fire station.

Saulnier rejects the Town's story.? He claims, "I temporarily fell behind on my property taxes and tried to make partial payments.? Despite my protests, the Town refused to accept my partial payments in violation of New Hampshire law, specifically RSA 80:71."

"The interest and fees built up until the Town illegally stole my property and paid me nothing in return for it.? Now they're arresting me for 'trespassing' on my own property!"

Saulnier admits he made the mistake of storing cars and spare parts on his neighbor's property while operating his car inspection business, but the Town of Londonderry is not entirely innocent in this matter.? In December, the New Hampshire Supreme Court upheld an earlier Superior Court ruling against the Town and Saulnier.? Londonderry was required to pay for cleanup of a property neighboring 22 Grenier Field Road because the Town failed to comply with State hazardous cleanup laws.

At his trial today in Derry District Court, Saulnier defended himself without an attorney.? He tried to convince Justice John Coughlin that he could not have been trespassing because the property was illegally taken from him.  He claims his prior guilty plea for trespassing on the property was entered "under duress" because he was held for 17 days without bail.

The court refused to accept several items of evidence from Saulnier including a 58-page booklet of legal documents, applicable State laws, and scanned copies of partial property tax payments refused by the Town.? Justice Coughlin even dismissed as "hearsay" a copy of an authentic document signed by the attorney of Londonderry's Town Manager, David Caron.

Saulnier and his family were visibly upset by the trial and conviction.? At one point during the trial, he told the judge, "what this town has done to my family is beyond comprehension."

About a half-dozen activists from the NH Underground (NHFree.com) recently protested in Londonderry in support of Saulnier.? Now Seacoast entrepreneur Michael Fisher, an avowed libertarian activist, will soon begin a fast in support of Saulnier, consuming nothing but water for several days.

Fisher caused a large commotion throughout New England in May after he was arrested for performing an unlicensed manicure in a public protest against licensing laws.? These days, he's protesting against government "theft" of private property.

"Each day, land is stolen by local governments through eminent domain and tax deed, and it's very rare that a family can defend itself against the vast resources of a government," Fisher said.? "It's time for local governments to learn respect for our rights.? I hope my fast will help protect the Saulnier family and others from the tyranny of local governments."

At 5 feet, 11 inches tall and only a little over 115 pounds, Fisher may not live very long without food.

Summary:

What:? Protest against the "theft" of private property by local governments.
How:? By consuming nothing but water for several days.
Why:? Because ownership of property is "an inalienable human right."
When:? The fast begins on Saturday, August 20, 2005.
Who:? Mike Fisher
Where:? The home of Mike Fisher at 7 Lamprey River Park, Newmarket, NH.
Contacts:? Mike Fisher (603) 498-7935, Backup:? Kat Dillon (603) 357-2049


INITIAL DRAFT COPY - DO NOT RELEASE

[John]

Damn it. I don't know what will happen first; will I become more of an internet type guy or will the damned phone ring once in a while . . .

Oh well, I'm up to speed on this one so far and for now, and will try to be there on Wed.

Mike, FYI they will not allow a camera beond the entrance. ?I had mine with me when I was there last and they wanted to take and hold it for me.
Instead I went out and put it in my car while in court, so that I could access it realy quickly as that took a NON-VIOLENT freind of mine off to PRISON - on a charge (BTW) wich did not include any prison time. ?GO FIGURE!


The fact that some of this evidence is not being allowed reminds my of a little booklet which I just read (called Treason). ?The booklet talks about how the system is no longer at all in the hands of the people but in complete control of lawyers. ?Government lawyers that is! ?If they don't like what you have to offer, they'll just all agree to through it out.


I think it is not to late to concider a jury trial? ?It is unlikely that they (the government lawyers) can pack the jury with all lawyers.
Maybe this man's fellow citizens can get this right. ?I don't think that this gang of lawyers could - even if they wanted to.

[John]

Okay, I'll try to behave and not protest, but only because they specifically asked for it.?

Same here!

[Russell Kanning]

The man was a fugitive with an arrest warrant for operating an unlicensed barber shop.?

I called her back and said that as long as his customers knew they were buying services from an unlicensed barber shop, then no harm has been done and I would defend him.? However, if he hid this fact from his customers, then I will not defend him, even though I believe he should not need a license to operate.

....if you don't think that licensing or other laws are important ... why would you advertise it? Are you going to list everything? You could be missing licenses that you don't even know about. The barber could be in violation of UN environmental laws .... but he just doesn't care.

I don't have a state drivers, city business, state business? and other licenses .... I also don't pay tons of taxes. Should I warn all my customers?