Libertine's Transporting Alcoholic Beverages Trial

[Kat Kanning]

Isn't there some 91a provision that allows for retrieval of audio and video from the gang?

Ask Lloyd 

[Jim Johnson]

It's a VDO!

http://www.youtube.com/watch?v=8EhavY_aZOo

[Sam A. Robrin]

The cop started testifying.  He kept talking about all the stuff he thought that Barskey did.  I was sitting there thinking, cool...Barskey gets to hear all the 'evidence' against him and prepare.  The judge shut him down and told him to just talk about Teri.  Teri keeps getting blown away by the cop making up stuff - he said she was being uncooperative and wouldn't get in and out of the car when he told her to, said she wouldn't unlock the door when he told her to, and claimed she called him rude.  Most of this can be disproved by the porc 411 call.  He claimed she had 6 beer bottles, two open, when the beer comes in 4 packs.  The prosecutor tried to keep Teri from asking about this, but the judge overruled his objection.  Cop gets story mixed up in all the questioning.  The judge ruled "No ruling" and said Teri was free to go.  Teri came off as being open and honest, which of course, she is, and the cop's story didn't mesh, even though he had the open beer bottle, which Teri never disputed.

We don't really know what "no ruling" means.

It occurred to me--these things take me a while, as I don't think in the dishonorable fashion that apparently comes to them automatically:  Having caused the cop to make a fool of himself and wreck their case, is Libertine likely to be a target for vengeance in the near future?  I'd watch my back in the circumstance.

[J’raxis 270145]

I and one other person requested to audio and/or video record the trial and the judge denied us permission. After the trial, I asked the judge what I needed to do in order to have my own videographer record their trial for me in a few weeks; she told me I could not have my own videographer and could not audio record it, but that I could request a copy of the court's own audio recording (there would be no video, apparently). That's some kind of "public" trial, eh?

Here's a motion form I used in Manchester. Fill it out and submit it a few days before the trial. At the start of the trial, they hold a hearing, and if the prosecutor objects, you get to make your case. Read District Court Rule 1.4 to see what grounds they can object on.

This is how Manchester, Merrimack, and Dover District Courts have handled recording. District Courts are State-run, not local, so they should all be using the same procedure.

Note that the videographer should submit the motion, not the defendant. In Dover, Cynthia submitted the motion, so the judge didn't allow Dave M., the videographer, to speak in order to make his own case. The judge's denial in that case hinged on the fact that Dave wasn't "established media," which Cynthia really couldn't rebut as effectively as Dave probably could have.

[Pat K]

Hey I have seen that Jim Johnson guy
before.

[Jim Johnson]

Hey I have seen that Jim Johnson guy
before.

Yes... but now I am immortal!  Made possible through the magic of... digital video!     HA HA HA!

[Pat K]

Hey I have seen that Jim Johnson guy
before.

Yes... but now I am immortal!  Made possible through the magic of... digital video!     HA HA HA!

Yeah, you and the Gong Show. 

[Lloyd Danforth]

http://www.gencourt.state.nh.us/rsa/html/NHTOC/NHTOC-VI-91-A.htm

[FTL_Ian]

Bob Hull topic split off: http://nhunderground.com/forum/index.php?topic=17204.0

[Sam A. Robrin]

I went back and asked for my property to be returned, the Dogfish Head 90 Minute IPA beer bottle evidence. She gave it to me! Later, Kat and I went to the Amhurst police station and I asked for the second bottle back, but was told that it was being held as evidence in another trial, which would be Mike's. 

Uh-oh, here I go again . . .:

I was out driving and got stopped by cops
Just as I'd church-keyed off two bottle tops.
He shined in his Maglite and sternly shouted, "Hey!
It looks like you're dri-i-inking
Dogfish Head IPA . . ."

Maybe I'll finish it later (I'm currently on deadline), though it would help if I had a better idea what actually happened.

To hell with what actually happened--what, am I driving without an artistic license?

DOGFISH HEAD IPA

I was out driving with a friend of mine
Home from a party.  We were feeling fine.
I said, "Let's run in to the roadside Pick-N-Pay--
I want to get a package of
Dogfish Head IPA."

Wouldn't you know it?  Then we saw a cop
Just as I'd church-keyed off a bottle top.
He shined in his Maglite and blurted out, "O-kay!
I see that open bottle of
Dogfish Head IPA!"

He swaggered and strutted and showed off his tin.
He asked where we're going, and where we had been.
He said to tell him if the cuffs were chafing our skin.
We said they were, he said, "That's good."
He ran us in.

"I could go easy," he said, dangling bait,
"But I can see you won't cooperate.
To make sure there's evidence to put you both away,
I'll confiscate this bottle of
Dogfish Head IPA."

Detainment, arraignment, then bail and a trial . . .
(You know the State--they had to drag it out for a while.)
The cop took the stand, I approached with my file,
He testified, I showed he lied--
I had to smile.

The judge herself could see right through his tricks.
I'd had a four-pack, he insisted six.
It sure helped my case that they package them that way.
I always will be grateful to
Dogfish Head IPA.

"Open and shut," the prosecutor'd bragged
Waving that bottle picturesquely tagged.
But still they let me go, and when proceedings were done,
I asked and they returned me State's
Exhibit Number One:
Dogfish Head IPA . . .
Dogfish Head IPA . . .

[Mike Barskey]

To hell with what actually happened--what, am I driving without an artistic license?

DOGFISH HEAD IPA

I was out driving with a friend of mine
Home from a party.  We were feeling fine.
I said, "Let's run in to the roadside Pick-N-Pay--
I want to get a package of
Dogfish Head IPA."

Wouldn't you know it?  Then we saw a cop
Just as I'd church-keyed off a bottle top.
He shined in his Maglite and blurted out, "O-kay!
I see that open bottle of
Dogfish Head IPA!"

He swaggered and strutted and showed off his tin.
He asked where we're going, and where we had been.
He said to tell him if the cuffs were chafing our skin.
We said they were, he said, "That's good."
He ran us in.

"I could go easy," he said, dangling bait,
"But I can see you won't cooperate.
To make sure there's evidence to put you both away,
I'll confiscate this bottle of
Dogfish Head IPA."

Detainment, arraignment, then bail and a trial . . .
(You know the State--they had to drag it out for a while.)
The cop took the stand, I approached with my file,
He testified, I showed he lied--
I had to smile.

The judge herself could see right through his tricks.
I'd had a four-pack, he insisted six.
It sure helped my case that they package them that way.
I always will be grateful to
Dogfish Head IPA.

"Open and shut," the prosecutor'd bragged
Waving that bottle picturesquely tagged.
But still they let me go, and when proceedings were done,
I asked and they returned me State's
Exhibit Number One:
Dogfish Head IPA . . .
Dogfish Head IPA . . .

Awesome!

[Daien]

To hell with what actually happened--what, am I driving without an artistic license?

DOGFISH HEAD IPA

I was out driving with a friend of mine
Home from a party.  We were feeling fine.
I said, "Let's run in to the roadside Pick-N-Pay--
I want to get a package of
Dogfish Head IPA."
. . .

Oh, my, SAR, I'm very touched to be part of the inspiration for a song, especially one that's just fantastic!!

[Pat K]

Brilliant Sam!

[Moebius Tripp]

   Sam A. Robrin... the Robert Service of the Liberty Rush!

[Daien]

Hey folks, I have a very delightful postscript to this whole situation! I received a UPS delivery that was from Dogfish Head Brewery, and inside were a carry-tote, plaid cap, various stickers, two beer openers, and a beer cooler all emblazoned with the Dogfish Head logo, along with this note:

Dear Teri,
     Sam Calagione, founder & owner of Dogfish Head Craft Brewery asked me to send you something to show his appreciation for your dedication to Dogfish. Your story was awesome!
     Glad you got your bottle back!
                        Nora
                        Brewceptionist

This made me laugh out loud, and I just wanted to share it with everyone!

Cheers!