Main thread for Ed and Elaine Brown vs the evil IRS, Part 29

[DonnaVanMeter]

Okay Folks Jim Hobbs aka Old Buck is MIA... he had called Terry Melton this morning leaving a panicked voice mail at 8:15 am and 11:36 am asking for Terry to call him back. for those whom dont know the Secret Service has taken up an intrest in Jim recently for going into the wrong hanger while doing some contract work and walking into a hanger where the Presidents helicopter happened to be at, according to Jim he was able to walk right up to it within feet and the Marines did nothing to keep him from doing so without barking a single word to him about it. Well he was questioned by the SS boys yesterday and was concerned he would be taken into custody. Well he isnt answering any of his calls or text messages sent to him this morning up through this evening. If anyone can get intouch with him please do so and let us know he is alright or to get in contact with either WTPRN videographer Terry Melton or Donna VanMeter.
Thank you
donna vanmeter

[error]

Jason Gerhard, 22, of Brookhaven, N.Y., was sentenced to nearly 10 years more than the federal sentencing guidelines recommended, after he told the judge that he felt "disgust" for the court's process and did not believe he had done anything wrong.

"This is a kangaroo court," Gerhard said, when he was offered an opportunity to speak on his own behalf. "How could anyone with half a brain think of imprisoning me for exercising my constitutional rights?"

This may be all true, but saying it at sentencing is too little, too late. This sort of thing has to be said right in front of a jury, and preferably one where the jurors know they have the power to nullify.

This sort of statement made at sentencing only serves to piss off the asshole in the high chair and the black dress:

Judge George Singal, who presided over the case, said he weighed Gerhard's young age as he determined an appropriate sentence. Singal said he understood that people can be "young and stupid." But he said he changed his mind about Gerhard after hearing the defendant speak in court.

"Unfortunately, this defendant is now 22 and displays the same worrisome tendencies that he displayed without that weight of years," Singal said. "This defendant displays an intent to continue his conduct and endanger the community."

After the hearing, Norkunas said he was disappointed about the sentence.

"What happened today to this young man is truly a tragedy," he said.

But he said he thought Gerhard's statements were foolish and costly.

"My belief is that cost him an extra five years," Norkunas.

[JosephSHaas]

Oops, you're right. Obviously I wasn't paying attention to Who's Who here... :\

Speaking of Who's Who, Ed sent me a letter confirming that the members of the Masonic brotherhood who are guards there at Marion do flaunt their rings into his face.

Are "they" the ones who say: we don't give a shit what the law reads, it's not WHAT you know, but WHO you know that matters of us in control!?  This bullshit has got to stop! My grandfather and father were Masons, as well as the father of our country: George Washington**.  It's my position that these bad apples in the bunch have got to get out of there, and the entire masonic organization is currently as worthless as our whole Congress too: there are violations of the law, and that Federal Rep. from Maine on the Budget Committee says through his staff worker that because I'm not one of his constituents, that he will allow these illegal payments to continue!  Bullshit, bullshit and more bullshit!

You M.O.C.'s and members of the Masons who see and allow this crap to continue are on my shit list. Monier: are you one of the "brother's" too?  You keep SAYing that you have jurisdictional authority, but can NEVER prove it!  That RSA Ch. 123:1 documentation from 1-8-17 U.S. Const. does NOT exist.  WHO fought for the rights we have now? #___ or __% of the Rebels during the Revolutionary War were Masons. #___ or ____% of them were signers to the Declaration of Independence and/or the Const. **

Every officer as one of our public servants takes an oath to obey these documents of the const. and laws (or statutes), but WHERE is the check and balance?  It's there by the impeachment process, but when we have a Federal Rep. like Hodes who is an attorney, his allegiance lies with his brothers of the bar OVER that of his bosses of us the taxpayers. And the sheeple re-vote these same asses back into seats of power.  Their seat ought to be to strap them to a toilet seat for #__ days, like the stocks of old at the town common until all the shit in them has emptied out! Yes, Masonic Big Brother ass-hole who lets little shit-heads run rampant: don't be surprised if somebody like Buford Pusser from "Walking Tall" donates a toilet seat to the end of your driveway some day for you to sit on your new throne. A temporary one at that as when the shit is out of you and your organization, then maybe you need not flaunt or command respect, but have earned it to the point of even more to your membership in numbers and $donations* as THEN you will have proven yourselves worthy of being a quality outfit.

* My father won $1000 worth of free air travel from Bangor to Boston and donated it to the Shriners (the higher-up Masons) doing great work in the burns center for victims in MAss. for if/when somebody needed a fast medivac.  We see them with their Fezes on driving their go-carts in the parades.  But that these parades are false! The flag flies with the red, white and blue, but when an inmate stamps his letter with such an upside down flag as a distress signal, WHERE is the cavalry to the rescue?  You hear and/or read of this here, and might grumble of just another critic like that TV pastor of years ago, but this is for constructive criticism: to do something your ancestors would be proud of.  Get these bad apples out of the barrel! And if they're on the top, as big shots: I say: the bigger they are, the harder they fall!

JSH

** Modification: See this 33-second video entitled: "Freemason - Is there greatness in you?" with the actor __________ portraying Ben Franklin, at http://www.youtube.com/watch?v=o1_HV85Tgys&feature=related  Yes: but the bigger question is not in the future tense of new recruits, but the present tense of "Is there greatness in you"r lodge already?

[JosephSHaas]

At about 10 minutes into the video:

http://www.youtube.com/watch?v=yfJVWv5Umc4&feature=related

Truth by square dealing is what masonry is all about.

Modification: so is Singal a "round" Mason?

A black ball excludes you from membership to begin with,

so what evicts a member when the truth be smothered?

[keith in RI]

i hope all the prison guards out there read this one......

http://www.beloblog.com/ProJo_Blogs/newsblog/#374961



Update: 2 ex-ACI guards guilty of abusing inmates
1:05 PM Fri, Aug 01, 2008 | Permalink |
By Mike McKinney    Email

PROVIDENCE -- Two former corrections officers were found guilty today on all counts of assaulting four inmates at the Adult Correctional Institutions.

Former Capt. Gualter Botas, 39, of Pawtucket is guilty of seven counts and former Lt. Kenneth Viveiros, 56, of North Providence, is guilty of four counts. They faced the counts of simple assault for abusing and humiliating the four inmates in the prison's minimum-security unit in 2005 and 2006.

The jury had the case in Superior Court for nearly three hours yesterday and resumed deliberations this morning at 9:30.

Yesterday, the prosecutor and defense lawyers delivered closing arguments after 24 witnesses testified over three weeks. Defense lawyers Olin W. Thompson III and John Lynch Jr. described the inmates as out to get the two corrections officers, while Molly K. Cote, special assistant attorney general, said the guards were the ones telling tall tales on the witness stand.

The inmates, who are released from prison, are Matthew Gumkowski, Robert Houghton, Anthony Romano and Jose Gonzalez. All took the witness stand and testified that Botas summoned them to his office and administered beatings over contraband. The way the beatings were done varied, but Houghton, Romano and Gonzalez alleged Botas repeatedly struck each of them with a phonebook.

Romano claimed Viveiros broke a clipboard over the back of his head.

Botas was convicted on seven counts of simple assault on the four inmates, while Viveiros was convicted of four counts of assault on Houghton, Romano and Gonzalez.

Following the verdict, state corrections Director A.T. Wall issued a statement that began by quoting President Theodore Roosevelt: "No man is above the law and no man is beneath it."

"These two former correctional officers have now been held accountable in a court of law for their abuse of inmates entrusted to their custody," Wall said. "They do not represent the staff of this department. In fact, through their actions, they have dishonored the 1,500 men and women who perform their jobs with pride, professionalism and integrity every day. These men and women do a very difficult job, and they do it without breaking the law."

Richard Ferruccio, president of the Rhode Island Brotherhood of Correctional Officers, said, "Obviously, we are shocked and disappointed the jury didn't see it the way we saw it. Inmates have a right to due process, but when due process is used as a weapon against the staff, that's a problem."

Attorney General Patrick C. Lynch issued a statement, saying, "Let me make myself abundantly clear: Correctional officers work and walk the toughest beat in the state every day, seeing things and having to do things that most of us can only imagine, and don't want to imagine at that."

But Botas and Viveiros "grossly abused their positions of authority and, in the process, tarnished their badges," Lynch said. "Such abuses of authority are an affront not only to the victims in these cases but also to the vast majority of correctional officers, who do a very difficult job very well."

-- projo.com staff writer Michael P. McKinney and Journal staff writer Edward Fitzpatrick and Journal staff reports

[keith in RI]

here is elaines new address. i do not know why she has been transferred to a medical facility. hopefully shell tell us soon.

INMATE NAME & REGISTER NUMBER
FMC CARSWELL
FEDERAL MEDICAL CENTER
P.O. BOX 27137
FORT WORTH, TX  76127

[KBCraig]

here is elaines new address. i do not know why she has been transferred to a medical facility.

Me either. She was already in a medical facility.

i hope all the prison guards out there read this one......

http://www.beloblog.com/ProJo_Blogs/newsblog/#374961

Update: 2 ex-ACI guards guilty of abusing inmates

Unlike street cops denying and lying and defending dirty officers, prison forums have a "wall of shame" where dirty staff are exposed, condemned, and villified. Get rid of 'em, and the sooner the better.

[keith in RI]

elaine wasnt in a medical center, she was at the danbury correctional facility. carswell is a federal medical center. google it. this place isnt as good as it seems. seven convictions in seven years for staff sexually assaulting prisoners..... seven in seven years! that is rediculous!!!!

[JosephSHaas]

Brazos! As Walter Brennan used to say in the movie: "The Over the Hill Gang Rides Again" http://www.imdb.com/title/tt0066194/ of (1970), from the original movie in (1969) at http://www.imdb.com/title/tt0064780/

To meet at Judd Gregg's Office in Concord on this Tuesday, Aug. 5th @ 3:00 p.m. and stay as long as it takes to closing time @ 5:00 p.m. then head over to Rollins Park opens at 5:00 for the Safety Patrol Picnic open to the public for pizza and drinks, etc. @ 5:30 - 7:30 for a $5.00 donation per ticket (to buy there or at the Police Station in advance) that I'll treat any and all drivers of their cars to the Prescription Center/Gregg's Parking Lot who "hole up" to waiting out until Gregg answers that he endorse my complaint to the sub-committee of the House Judiciary in Washington to get this oversight committee to investigate the illegal payments and trips of these attorneys and inmates to over in Portland, Maine from N.H. that's against the law of 18 U.S. Code 3232 in that "all" meaning EVERY proceeding at the 100% level "shall" or must take place in New Hampshire in the co-conspirators' case but that wasn't and so to have the 1st Circuit tell the District to wise up and reverse for a new trial all these illegal pre-trial meetings because the end does  NOT justify the means, for the guarantee that is supposed to be there for "procedural due process of law"!

A friend and his family to be there on Tuesday too to complain that the bank that holds his son's mortgage did NOT notify Fannie Mae, the insurer, of to guarantee the loan, and with Bernie, plus myself = that's 4 cars already, and hopefully more, so you're all invited to make a difference like in that big fish/ little fishes button of when all the little fishes "organize" to tackle "Big Brother".   Thanks.* [see below as typed in the shade by mistake]

what youtube video?  is it still up?

*Thank you, - - Joe Haas

P.S. If somebody/ or buddies want to stay AFTER the 5:00 p.m. closing time, and IF there still be no answer from Gregg, they can have a sit-in under threat of being arrested for trespass, BUT this right to wait out an answer even AFTER hours has already been dealt with by Don Booth of the N.H. Peace Action of "The Friends" technically: "The American Friends Service Committee" of The Quakers, at 4 Park Street, 2nd floor, just around the corner, when he did so, got arrested, the ENTIRE U.S. Senate took him to U.S. District Court in Concord, and guess WHO won the case? Don! now aged 80+ years old to get a copy of this tomorrow to maybe have some of his team members help us too? like maybe to also return on Wednesday morning at 8:00 a.m. and stay all day, if need be, is my plan too, or at least drop in morning, noon and night for about a 2-hour stay there or 6-hours/day take up one parking space each to maybe get the Prescription Center Owner on our side too to tell Gregg to do his job!

Last year he got on YouTube and told all about how he was walking the dog and the feds jumped out of the woods and shot at him, then detained him, interrogated him and sent him away.

That was Danny, not Jason you're writing about.  Danny was the dog-walker...

After my call to Keith with the above numbers from him correct, I went over to Sen. Judd Gregg's office to "hound" his receptionist to relay by repeat the claim that he endorse my complaint in the subcommittee of the House Judiciary to look into this.  The end does NOT justify the means!  Those who say and do this crap are sociopaths! that I do NOT want my tax money to go to these outlaws!  To re-visit Gregg's office in Concord just NE of the Capitol in The Prescription Center Building, and let them have some more piece of my mind.

Anybody who would like to join me there or visit then re-visit too to get him to sign my complaint to start this investigation is most welcome to do so, and with your car please to park there too in one of the #___ number of spots to like book 'em up so that the landlord tells Gregg to do his job so that the complainers can free up his parking lot for his customers to get their prescriptions.  Teamwork, with synergy of us all together to make a difference! Then the REAL victims can have their attorneys motion for another trial for this violation of procedural due process of law....

[JosephSHaas]

Note: Five (5) comments about the Browns within that http://www.unionleader.com story

of last (Sunday and) Monday in regards to the Charlestown, N.H. shoot-out Saturday night, July 26th where the COPs were executing a search "and" arrest warrant, them getting their man: Jesse Jarvis, the son on a surrender from the hole-up at his father's house, and so with 1/2 their job assignment completed they just had to have that search warrant effected for to find: _____________ they were looking for (not yet made public), and so when they were REFUSED entry by the father: Anthony Jarvis, 53 who supposedly shot back at them when they did intrude into the house to effect the search, they decided to kill him, or in other words to get him out of the way in order to obtain what they were looking for on private property.

http://www.unionleader.com/pda-article.aspx?articleId=1aafd027-6c9b-4f25-a093-2861b7eff6f1 click back to the original story for both the search "and" arrest warrants. This one entitled: "Before fatal confrontation" Mon., 7/28/08

Here's what Tood in Manchester wrote: "Good job backup officers.  You do not just shoot a police officer and live.  That makes you a worthless member of our community with no redemming qualities.  As a taxpayer, thank you for the good shot because there is no cost of trial and incarceration."

Now here are the five (5) "Ed Brown" comments:

1. "I'm not on anybody's side, but I can't help wondering how the police can have unlimited patience with the Browns and not with this person." - Brian, Manchester;

2. "Did the police have a search warrant for the Browns in Plainfield?" AMarquis, Pittsburg

[Answer: no, just an arrest warrant, and an illegal one at that for each since they had no jurisdictional authority from 1-8-17 U.S. Const. to N.H. R.S.A. Ch. 123:1 to serve it, and the Judge Singal from Maine REFUSED to have it and the proof of non-filing +/or related documentation thereto of the Art. 41 + 49 Petition signed by Reno Gonzales "and" Ed Brown and others even given an I.D. to mark as Evidence into an Exhibit for the jury to weigh in reaching their verdict.  A "Kangaroo Court" indeed! as Jason said last Thursday at his sentencing, citing the Art. 10 right and duty of Revolution with evidence OVER the militants using only FORCE as evidence! when they/ the U.S. Marshals are the true "outlaws"! outside the law of both this and their pre-trial travels #__ times to over in Portland, Maine in violation of 18 USC 3232, me currently working on an indictment for kidnapping, and simple assault against their co-conspirators, being the Strafford County Sheriff's Office and Deputies respectfully before the Grand Jury on Fri., Aug. 15 for a "Presentment" to this Class A felony to the corporation, and these Class B misdemeanors against these Deputies in Dover District Court! In fact Monier's oath of office requires him to execute only "lawful" precepts!]

3. "it is hard to overlook the Browns, out in Plainfield continually asserting they will never be taken alive...and were consequently taken into custody without a shot fired*." (at them, but not in the case as one Marshal did fire real bullets at dog-walker Danny Riley). - Rick Olson, Manchester

4. "They waited out the Browns for 8 months without a shot fired*.  I am curious why the police did not wait this out longer." - Stevie D., Derry, NH

5. "When the Browns didn't come out the cops backed off and waited, they could have done the same here if the shooting didn't start until they went in." - Randal S. Ripley, Manchester, NH

JSH, "A Man's Home is his Castle", except in New Hampshire and North Carolina, reference the "Rita Bixby" case via http://www.google.com with NO TRESPASSING sign posted, but that the COPs down there ignored, even AFTER that state did away with the common law of: "Trespass to try title" .

[JosephSHaas]

Randy Weaver, on The History Channel today, http://www.history.com/

Hey Randy:  They have a segment about you at 1 hour, 35 minutes into this 2-hr. long program:

"Nazi America: A Secret History" http://www.history.com/shows.do?episodeId=276843&action=detail

From: 3:00 to 5:00 p.m. today @ 4:35 o'clock p.m., repeats on: Aug. ___ (?)

"Congratulations" -- Joe

[JosephSHaas]

An Open Letter to:

The United States Marshals Service
Northern District of New York
U.S. Marshal: James Parmley
100 S. Clinton Street
Syracuse, N.Y. 13261
(315) 473-7601
http://www.usmarshals.gov/district/ny-n/index.html
see also: http://www.usmarshals.gov/contacts/districts.html

Attn: Chief Deputy U.S. Marshal Ted Gloo, 47
from: The Town of Sullivan
e-mail: tgloo1 at twcny dot rr dot com
(315) 697-6149

Dear Deputy Gloo:

--This is to follow-up the "yet another blog" report about your capture of Daniel J. Riley of almost a year ago, Wed., Sept. 12th '07 over at http://blog.tiltingatwindmills.org.uk/tag/jason-gerhard/ wherein you "were waiting for the go-ahead from New Hampshire authorities."

--Now in accordance with the "Prisoner Service Division* obtains an annual survey from each U.S. Marshal Service District Office for each of the 280 federal court cities in the United States" according to the http://usdoj.gov/oig/reports/USMS/a0528/final.pdf [that BTW has no EXAMPLE of the Fiscal Year 2004 DISTRICT DETENTION STATUS SURVEY @ pages 37-39 of the html version in a blank APPENDIX III, see also 16 USC 4013 at http://law.onecle.com/uscode/18/4013.html about this CAP: USMS Cooperative Agreement Program ], would you please send me a copy of your ANNUAL SURVEY, and the contact name, address, and telephone # of to WHERE it went to this PRISONER SERVICE DIVISION.

--I'd like to find out if there was a checklist to see if the "go-ahead" papers from New Hampshire were scrutinized ("To examine or observe with great care") to see if it was a "lawful" precept as ONLY those can be relayed to you from N.H. Marshal Monier whose oath spells this out, and connects to Art. I, Sec. 8, Clause 17, U.S. Const., BUT which "Consent" does NOT exist since there are NO N.H. R.S.A. Ch. 123:1 federal papers on file with our N.H. Office of Secretary of State; see Attorney Larry Becraft's excellent website of: http://www.constitution.org/juris/fjur/1fj-ba.htm from Huntsville, Alabama.

--To present a copy of this Survey to the Maine judge in the Concord, N.H. federal court as evidence at sentencing for Mr. Riley on Aug. ____, 2008, wherein Judge Geo. Z. Singal, from a single-filing state in compliance ought to declare a mis-trial for double jeopardy or at least grant a new trial, and for the illegal payments from 1st Circuit Judge Jeffrey R. Howard (our former Attorney General) for those Maine pre-trial hearings since they violate the law as spelled out in 18 USC 3232, since the end does NOT justify the means for the supposed guarantee of procedural due process of law, those thinking and doing otherwise being technically: sociopaths needing impeachment!

Yours truly, - - - - - - - - -  Joseph S. Haas, P.O. Box 3842, Concord, N.H. 03302, Tel. 603: 848-6059 (cell phone), e-mail: JosephSHaas at hotmail dot com.

pc: Randolph F. Treece, U.S. Magistrate Judge
James T. Foley U.S. Courthouse
445 Broadway - Room 314
Albany, NY 12207
Courtroom Clerk - Robin Hinman (518)257-1843
Lawrence K. Baerman, Clerk 12207-2936
Tel. (518) 257-1800
http://www.nynd.uscourts.gov/phonelist.htm
who ought to get a copy too for the file; _____

[JosephSHaas]

Here's a re-type of my SMALL CLAIM COMPLAINT/ Case Number 08SC525 that was filed yesterday afternoon, Tuesday, July 8th '08 @ 3:10 o'clock p.m. at: ...

"INSTRUCTIONS TO THE DEFENDANT  If you do not believe you owe this claim, you should write to the clerk of court by the 'RETURN DATE', (Wednesday/ Woden's Day  ) Aug. 13, 2008 and ask for a hearing....Sharon Shurtliff, Clerk of Court...AOC-220-045 7/97" ....

When the judge finds (by way of the evidence of the gold-sealed certificate of non-filing signed by Bill Gardner, N.H. Secretary of State) that the Feds have NOT complied with the statutory duty as outlined in RSA Ch. 123:1 that the governor is charged to enforce by Article 41 and "shall" be held "responsible" for the wrongs resulting therefrom, then the finding of a $5,000 judgment for my time and money spent in righting this wrong is but: One Small Step for Man, And One Giant Leap for: the victims* in New Hampshire, and elsewhere in our country (including MAss. and Florida for the Secretary of State and governor's office respectfully) where there are other double-filing states in non-compliance with Art. I, Sec. 8, Clause 17 of the U.S. Const. See Attorney Larry Becraft's excellent website of http://www.constitution.org/juris/fjur/1fj-ba.htm that lists Maine and Vermont plus #___ other single-filing states in compliance, and which judges like Geo. Z. Singal from Maine to N.H. ought to wise up and do what's right to declare a mis-trial in the Daniel J. Riley case #07-cr-189, plus McAuliffe to then do same in the Ed Brown case. Either declare double jeopardy or at least grant a new trial.

Progress Report: There are only eight days left to next Wednesday, August 13th for the governor to report to the court that he believes that he does not "owe this claim".  The word: owe defined as "To be obliged for", and the obligatory word defined as compulsory back to the word obligatory, but also defined as required, and so my demand as ONE STEP BEYOND a mere want-ing to that of a need, "leaving no chance for refusal" as in "To claim as just or due" and not only a regular need, but an "urgent need" as in "of PRESSing importance", with emphasis ADDed for the word press as in the pressure put upon the victims being pressed up against the walls of their unlawful and illegal confinements! And so I require/demand and insist, (from the word insistere, to stand on) that of "To keep resolutely" i.e. to emphasize my demand "by firmness or determination" plus "vehemently and persistently" (i.e. in a forceful, intense, ardent, strong and if need be: violent manner, as by Art. 10 as the ultimate lawful weapon against tyranny when the gov't goes berserk in not honoring their obligation defined as in the governor's RSA Ch. 92:2 oath of "1. The act of binding oneself by a...legal...tie [The "American Heritage Dictionary of the English Language (c)1973 @ page 491] also: "2. The contract, promise, etc. that compels one to follow a certain course of action." See also: "3. The constraining power of a law, promise, contract, or sense of duty." And so in regards to the latter definition #3 not only an "or" situation here, but for the "and" word of both the law (1-8-17 U.S. Const.) and promise by RSA 92:2 oath to enforce the statute (RSA 123:1) by contract of responsibility for it NOT being done! Thus there being no answer yet to this obligation, toward a possible motion for default judgment, ___ just that even if "owed", the governor, through his Attorney General's Office, claims like diplomatic immunity! of he either did the action, or in this case the dis-action, but replies that he is immune!

And so for me to "persist" as in "To hold firmly and steadfastly to some purpose or undertaking despite obstacles" like this Motion to Dismiss for "Sovereign Immunity" that
was mailed on July 22nd and filed: Wed., July 23rd @ __:__ o'clock a.m./p.m. trying to avoid a resolution, there needing to be such a resolve or "firm decision" in this matter, as a base upon which the victims can use to take this to the next step of like I've already indicated of to file some motion for a mis-trial or re-trial, or even a Petition for a Writ of Habeas Corpus.

Yours truly, - - Joe Haas

P.S. A re-type of the A.G.'s Motion to Dismiss for the governor, and my Objection thereto, to follow...

* p.c.: Ed & Elaine Brown, Bob Wolffe, Jason Gerhard, Cirino Gonzalez, and Daniel J. Riley.

[JosephSHaas]

Here's a re-type:

" - - - - - - - - - - - - - - THE STATE OF NEW HAMPSHIRE - - - - - - - - - - - - - - - - -

MERRIMACK, SS.                                                            CONCORD DISTRICT COURT
.................................... Docket No. 08-SC-525 .................................................

_______________________      Joseph S. Haas ___________________________________
...........................................        v.     .............................................................
...................................  Governor John A. Lynch  .................................................

       MOTION TO DISMISS WITHOUT A HEARING FOR LACK OF JURISDICTION

--NOW COMES the Defendant, Governor John A. Lynch, by and through his counsel, the Office of the Attorney General and moves to dismiss the above-referenced matter.  In support of this Motion, Governor Lynch states as follows:

--1. Plaintiff has sued Governor Lynch for damages allegedly resulting from the Governor's failure to enforce the law.

--2. The small claims complaint must be dismissed without a hearing because the Court lacks subject matter jurisdiction to hear it.  Plaintiff is barred from instituting a claim against the State, a state agency or a state official in small claims court by the doctrine of sovereign immunity.  RSA 491:8 and RSA 541-B:9.

--3. Sovereign immunity is a jurisdictional question.  Claremont School Dist. v. Governor, 144 N.H. 590, 592 (1999).  Under the doctrine of sovereign immunity, the State cannot be sued in its own courts unless it consents to such suit.  LaRoche v. Doe, 134 N.H. 562, 566-67 (1991). Such consent to suit and waiver of the State's sovereign immunity may only be accomplished by an act of the Legislature.  Id.; see also RSA 491:8; RSA 541-B:9.

--4. The Legislature has not waived the State's sovereign immunity with respect to claims brought in the State's District Courts.  Accordingly, Plaintiff's claim against Governor Lynch must be dismissed.

--5.  The complaint must also be dismissed as it fails to state a cognizable cause of action.

--6. By filing this Motion to Dismiss, Governor Lynch does not waive any other defenses that may apply in this case.

--WHEREFORE, Governor Lynch respectfully requests that this Honorable Court:

A. Dismiss the small claims complaint without a hearing; and

B. Grant such further relief as justice may require.

Respectfully submitted,
GOVERNOR JOHN A. LYNCH
By his attorneys,
KELLY A. AYOTTE
ATTORNEY GENERAL
________________________
Nancy J. Smith, Bar No. 9085
Senior Assistant Attorney General
Civil Bureau
33 Capitol Street
Concord, New Hampshire 03301-6397
(603) 271-3650
July 22, 2008

Certification:  I certfy that a copy of the foregoing was sent this day, first class postage prepaid, to Joseph Haas, Pro se, P.O. Box 3842, Concord, NH 03302-3842  Nancy J. Smith 

248966.doc "

[JosephSHaas]

Here's a re-type:

" - - - - - - - - - - - - - - - THE STATE OF NEW HAMPSHIRE - - - - - - - - - - - - - - - - -

MERRIMACK COUNTY                                                       CONCORD DISTRICT COURT
.......................................  Docket No. 08-SC-525  ...............................................

__________________________ Joseph S. Haas   __________________________________
............................................... v.  ...................................................................
....................................  Governor John A. Lynch  ................................................

                             OBJECTION TO MOTION TO DISMISS

--In reply to Senior Smith's 2-page Motion of July 22nd please be advised that in no way can a STATUTE over-ride the CONSTITUTION!  The Assistant Attorney General cites the CLAREMONT case of 144 NH 590 @ 592 (1999) for [1], but see the page just prior to that of 591 in that common law was replaced by statute in 1978 with the passage of RSA 99-D:1 but that this is NOT a common law case BUT based upon the constitution!

--According to Article 41 of the N.H. Constitution*, Part Second for the 'Form of Government' it reads that: 'the governor SHALL be (held) RESPONSIBLE for the faithful execution of the laws.' (emphasis ADDed).

--This Small Claims Court action to the governor's non-action is not an action 'against the state of New Hampshire' [or an agent or agency] and so RSA Ch. 491:8 [and the LaRoche case in 134 NH 562 @ 566-67 (1991)] does not apply.

--Furthermore see for this RSA Ch. 491:8 of Title 51 for Courts @ page 42-3 of the 1997 book (and page 72 of the 2007 Supplement) for the case-law in that: (1) 'this section does not encompass contracts implied in law'* Morgenroth & Associates, Inc. v. Town of Tilton (1981) 121 N.H. 511; and (2) because the governor is an OFFICIAL, and not an EMPLOYEE, then the case of Krzysztalowski v. Fortin (1967) 108 N.H. 187 does not apply.

--If this were an R.S.A. Chapter 541-B:9 complaint against the governor as an 'official' that the State Board of Claims could dismiss as a defendant and substitute the state that would be O.K. but NOT for when the party is the governor, since by RSA Ch. 541-B:6 he could manipulate the consistence of the Board in his favor!

--Thus to strike these two excuses and more, plus to please proceed onto a hearing and then trial.

Thank you, - - - - - - - - - - Joseph S. Haas, P.O. Box 3842, Concord, N.H. 03302, 603: 848-6059 (cell phone), JosephSHaas at hotmail dot com

Friday, August 1st, 2008 [filed 2:54 p.m. Mon. Aug. 4th].

pc: Nancy J. Smith, Bar No. 9085, Senior Assistant Attorney General, Civil Bureau, 33 Capitol Street, Concord, N.H. 03301-6397, (603) 271-3650 "

JSH