Mike Barskey's trial (one of them)

[Mike Barskey]

Glad you aren't in the pokie Mike... although the axe hanging over your head for a year sucks.
...
It bothers me greatly that the cop just flat out lied about the gun being loaded... it doesn't necessarily surprise me, but it is very disturbing... they could have said you had 10 grams of crack cocaine or anything they wanted to, to get a tough conviction. The fact that the judge found you guilty even when reality pointed to the fact that the cop couldn't have even seen the gun...

I am no longer able to give them the benefit of the doubt, when small, decent town USA justice is corrupt...

Thanks, Tom. Yeah, the biggest bummer to me today was being found guilty on the gun charge. Ludicrous and, like you said, not surprising but disturbing nonetheless.

I am glad you stood your ground and Barskeyed the court.

It seems the more we push the more ground they give ... sometimes.
If we give ground ... they take it.

Thanks, Russell. I don't know if I Barskeyed the court or if I got Barskeyed. Either way, it prolongs the Barskey-as-a-verb humor.

I agree with you more and more: the more we push the more ground they give (generally). It's a tough thing to do, though, to push against the leviathan, and to push consistently. More pushers are welcome!

It seems that when one court cracks down, others eventually follow. Hopefully the opposite will be true also.

I hope so, too! I think that is indeed the trend in the long term, but how long?

[Mike Barskey]

Thank you very much, all who came out to support me today. I suppose it's a good thing that I took so much of the govt's time, but I'm sorry I took so much of yours. It took longer than I thought it would.

It meant a lot to me to have friends willing to spend their mid-day watching me try to defend myself against the govt, and offering their advice (so much good advice! there's always so much to learn!).

[TackleTheWorld]

VDO of the event.
http://www.youtube.com/watch?v=7GskOXEX2wk

[KBCraig]

So the judge found the cop more credible as a witness... there's a shocker! 

What was the condition of your pistol? I know you said it was unloaded (and the cop said it was loaded), but I'm curious how you actually had it: chamber empty, loaded mag; chamber empty, empty mag inserted; chamber empty, no mag; loaded mag somewhere other than in the gun; etc., etc.

It sucks, because a second conviction will be a felony.

[Russell Kanning]

that's cool

[Russell Kanning]

I agree with you more and more: the more we push the more ground they give (generally). It's a tough thing to do, though, to push against the leviathan, and to push consistently. More pushers are welcome!

It is easier to push after you stop carrying the government and "shrug".

[Mike Barskey]

What was the condition of your pistol? I know you said it was unloaded (and the cop said it was loaded), but I'm curious how you actually had it: chamber empty, loaded mag; chamber empty, empty mag inserted; chamber empty, no mag; loaded mag somewhere other than in the gun; etc., etc.

My gun was empty: no round in the chamber and no magazine in the gun. The 12-round magazine had 10 rounds in it and was on the floor next to the gun.

[dalebert]

I recommend people keep the magazine in your pocket. Doesn't mean a cop won't still lie but it might help if they don't find the magazine with the pistol.

[Fluff and Stuff]

I recommend people keep the magazine in your pocket. Doesn't mean a cop won't still lie but it might help if they don't find the magazine with the pistol.

That's not really a good idea either. Have you ever tried doing that?

A couple notes about the trial, the cop admitted to speeding.

The prosecutor brought in a different firearm to stand in for Mike's gun.  However, it was a different make and model, quite strange.  The gun stayed right in front of the judge for much of the trial.

Both Barskey and the main cop (who the judge considered a liar in Teri's trial) referred to a concealed carry license as a permit.

The cop was fully certified in the use and knowledge of firearms according to the government's related certification and yet he seemed to not know NH gun laws.  Mike seemed to know NH gun laws inside and out.

I remember talking to Mike about how you shouldn't keep a magazine completely full for long periods of time before.  He mentioned that during the trial when he claimed there were 10 rounds in the magazine.  The cop claimed there were 4 rounds in the magazine.  Since, as far as I know, Mike only shoots at ranges and he is not an idiot, I doubt he would have only 4 rounds in the magazine.

I feel that if the judge know more about firearms and was honest, she would have found Mike not guilty on the gun charge.

[Porcupine_in_MA]

I recommend people keep the magazine in your pocket. Doesn't mean a cop won't still lie but it might help if they don't find the magazine with the pistol.

That's not really a good idea either. Have you ever tried doing that?

Why is it not a good idea? I do that all the time.

[Fluff and Stuff]

I recommend people keep the magazine in your pocket. Doesn't mean a cop won't still lie but it might help if they don't find the magazine with the pistol.

That's not really a good idea either. Have you ever tried doing that?

Why is it not a good idea? I do that all the time.

It would be extreme uncomfortable for me.  Even wearing pants in a car is uncomfortable for me, though, so mileage may vary.

You could also cause debris to enter the magazine.  Plus, may magazines wouldn't even fit in a pocket.

[TackleTheWorld]

Whoops, my bad.  I'll start a new thread for drivers sans pants now.

[Fluff and Stuff]

Whoops, my bad.  I'll start a new thread for drivers sans pants now.

It's not your bad or even bad.  Driving without pants may be a valid thing to do.  I agree with you though that it doesn't have to do with the case at hand, though.  Sure, Teri might have had a drink or two, but it would have likely taken many more...

[Porcupine_in_MA]

It would be extreme uncomfortable for me.  Even wearing pants in a car is uncomfortable for me, though, so mileage may vary.

You could also cause debris to enter the magazine.  Plus, may magazines wouldn't even fit in a pocket.

You're such a high maintenance fellow, Keith.

[Peacemaker]

Great to see Mike was not thrown in a cage but very disturbing that the cop lied (first time I"m sure ), that the Judge ignored what she wanted in order to get to where she'd planned to go and that Mike was convicted on what he was innocent of (but no jail time because there's too may damn people in this group watching)......It's a great victory, regardless of how the Gov. ended up framing it.

And Great news about the success of the hats (makes me want to start recommending people wear 3 foot tall hats for the fun of it!)