Tape the cops, go to jail.

[Dave Ridley]

post from MoneyDollars on the Nashua telegraph forums at

http://forum.nashuatelegraph.com/viewtopic.php?t=39


<< Questions for NPD

Why was Detective Andrew Karlis put in charge of this case, as he is a juvenile detective, and Mr. Gannon is 49 years old? Also, the alleged crime was against Det. Karlis. It seems like a conflict of interest.

The news articles say the apartment was secured around 9PM, and the family was not allowed to return until 4AM, the last thing logged in the search warrant inventory was at 3:45AM.

How often is a home in Nashua "secured" 9PM at night, and prevent a family access to their home until 4AM, even to get a key to a camper on the property?

Hon. Bamberger issued the search warrant at 2:10AM.
How often are search warrants granted in the middle of the night(2:10AM) in the Nashua District?

Do police just always assume it is a sure thing these days, just a matter of filling out the paperwork?
Does the judge even look at the search warrant paperwork, or just sign it?
What was the emergency in this case?
Has Hon. Bamberger ever denied a search warrant?
What was the emergency?
Was anyone outside of the NPD allowed to watch the police do the search?
Why not allow the people who live in the house to watch the search?
Why was Mrs. Gannon cited with disorderly conduct, and at what time? >>

[jgmaynard]

IIRC, I believe there was a U.S. Supreme Court decision that ANYONE who was outdoors was implictly giving their permission to be photographed because there is no reasonable expectation of privacy outside.

It seems that cops wouldn't be an exception to that...

JM

[Christopher King]

Yeah, it just keeps on getting dumb and dumber.

Michael's sister wrote in to me today.

http://christopher-king.blogspot.com/2006/07/kingcast-receives-kudos-from-nashua.html

And I in turn responded by noting how her brother's case and my case are disintegrating as they should.  In his case they sent it to the Grand Jury which will likely not return a True Bill.

In my case, Jaffrey Chief Dunn has gone on an indefinite medical leave.

[Dave Ridley]

The message below was posted at the nashua telegraph forum:

http://forum.nashuatelegraph.com/viewtopic.php?t=25&start=30

by the Outlaw Cameraman's sister user name mellowme


I will give her a shout and invite her over here to this thread

----
Hi I am Mikes sister,
Mike needs a REAL GOOD LAWYER who is not afraid to take on cityhall. And additional funds to fight this.Please if anyone wants to help. I am starting a fund for him. We cant let the city win this or they can do it to anyone. we need to help him win for our own familys and our rights as American citizens. If you know a great attorney who wants to take this all the way. He is looking at 21 years if he loses this case. PLEASE HELP!!!!

[mellowme]

HI Mellowme here, Mikes sister
thanks for the invite, right now
Mike is in need of a real good Lawyer,21 years in prison sucks!!!!!  I am setting up a defense fund to put towards a REAL LAWYER. he has a Public Defender who isnt helping him out at all. I think he's afraid to take on the NPD. Mikes home address is out there if anyone is able and willing to send an extra dollar. towards the lawyer  It will be payed forward and hopefully a stupid ass law changed!!! I thank you all for your letters and calls to the NPD I Know Mike thanks you too!!!!!
please keep up the awesome work it will never be forgotten!!!!!!!!!!!!!!!!!!!!!!
I do have a video camera  with audio  and would be willing to go anytime

[Tom Sawyer]

Welcome to the underground.

[srqrebel]

Welcome, Mellowme!

[KBCraig]

HI Mellowme here, Mikes sister
thanks for the invite, right now
Mike is in need of a real good Lawyer,21 years in prison sucks!!!!!

Welcome to the Underground!

We're definitely behind Mike. There are many liberty battles being waged right now, so please understand if people are slow to respond. Just reading Tuesday's posts has kept me up way past my bedtime.

Mike and his lawyer must focus on "effective consent", based on the posted video/audio recoding notices, plus Mike's interaction with them where he told them to "smile; you're on camera". Any continued conversation after notification constitutes consent to be recorded.

Please keep up posted. Because we're all volunteers, we rely on everyone to post news and updates.

Kevin

[d_goddard]

As I posted on the Nashua Telegraph forum, I am still actively working to get the language nailed down for a law that would clearly make it NOT a crime to surveil one's own home, nor to tape the police wherever they may be. I'll formally submit the LSR once the November elections are done -- as I'm learning, that's the best time (I previously thought they could be submitted already; that was totally wrong)

If either of those provisions become law, the charges against Gannon vaporize instantly, and nobody in New Hasmphire ever gets put in this wretched position again.

I realize that's not enough -- he needs good legal defence NOW, cause NOW is when they are attacking him, but everybody's gotta fight in the way they can most effectively help.

Mellowme, please give everybody's best wishes to your brother. Let him know the Free-Staters don't take this crap lying down... and if you guys are fighting for Freedom in NH, then you're Free-Staters too!!!

[Dave Ridley]

Thanks for dropping by mellow, and for all you are doing to help your brother on this.  KB is right, we are kinda overwhelmed right now with various battles against various government entities, but hopefully each of us will at least do some small thing! 

Those of you not yet involved can do these two simple things:

email npd        http://www.gonashua.com/content/1151/default.aspx   
call npd          603-594-3500                 fax 603-594-3616      

and I see mellow has a call out for donations.

Mellow you may want to take a look at our calendar, and if there is something you would like us to do on a particular day just post it there.   court dates, demonstrations, whatever. 

[Dave Ridley]

sent another email to npd

---

I appreciate that many of you put your lives on the line standing between those of us who live in and visit Nashua, and criminals.

But am still wondering why you guys have not dropped your crazy case against the Outlaw Videotaper Mike Gannon.  Your reputation is going downhill fast with all the negative media coverage. 

Yours,

(sig)

[d_goddard]

Dada, my guess is you (and a anyone who helped in what you did, contacting the NPD) saved the day for Mr. Gannon.
This was just posted on the Nashua Telegraph Forum:

NASHUA ? Police won?t prosecute a city man for using his home security system to record detectives on his front porch, Police Chief Timothy Hefferan announced Friday. Police also have concluded that Michael Gannon?s complaint that a detective was rude to him was justified, though Hefferan added that Gannon himself was also ?provocative? and ?disrespectful.?

Sunday's paper isn't online yet, so I can't check the veracity of this.
Anybody got a print subscription?

[Pat McCotter]

Dada, my guess is you (and a anyone who helped in what you did, contacting the NPD) saved the day for Mr. Gannon.
This was just posted on the Nashua Telegraph Forum:

NASHUA ? Police won?t prosecute a city man for using his home security system to record detectives on his front porch, Police Chief Timothy Hefferan announced Friday. Police also have concluded that Michael Gannon?s complaint that a detective was rude to him was justified, though Hefferan added that Gannon himself was also ?provocative? and ?disrespectful.?

Sunday's paper isn't online yet, so I can't check the veracity of this.
Anybody got a print subscription?

Vindication: Police drop wiretap charges
Nashua man was accused of taping police at his home

Published: Friday, Aug. 4, 2006

NASHUA ? Police won?t prosecute a man for using his home security system to record detectives on his front porch, Nashua Police Chief Timothy Hefferan announced Friday.

Michael Gannon was arrested June 27 after he made the videotape to record conversations among detectives who were at his door looking for his 15-year-old son, who was being investigated in connection with a mugging downtown. When Gannon brought the videotape to a police station to complain that a detective was rude to him, he was arrested on felony wiretapping charges.

The case attracted attention around the world, as news spread via the Internet. The Telegraph and city police received scores of phone calls and e-mails condemning the charges.

In addition to dropping the case against him, Nashua police also have concluded that Gannon?s complaint about the detective was justified, although the chief added that Gannon himself was ?provocative? and ?disrespectful.? The chief declined to say what discipline the detective might face.

Hefferan also commended detectives for their ?tenacity and initiative? in investigating Gannon?s 15-year-old son, who was later charged in connection with the mugging. Police also found a stolen handgun inside the house, they reported, but it?s not clear who had possession of it, Hefferan said.

Gannon, 39, expressed relief.

"Glad to hear some good news finally,? he said. ?I?ve been worried, a little scared, because they said they were going to hold 21 years over my head.?

After the case became public, the chief had said he would ask a prosecutor, First Assistant County Attorney Roger Chadwick, to review the case against Gannon.

On Friday, after conferring with the prosecutor, Hefferan said he decided to drop the matter.

?It?s the same sense that I had early on when I first learned of this, the morning after it occurred,? Hefferan said. ?It wasn?t a real good feeling that I had for it?. We felt it would be extremely difficult to convince a jury of this.?

While police believe Gannon had violated state wiretap laws, Hefferan wrote in a statement announcing his decision, police and prosecutors concluded the case wasn?t strong enough to bother prosecuting.

Gannon?s cameras recorded both audio and video, and a sticker on the side of his Morgan Street home warned that persons on the premises were subject to being recorded. Police had charged that Gannon violated state wiretap laws by recording officers without their knowledge while they were standing on his front porch.

It is a crime under state law (RSA 570-A:2) to use any sort of electronic device to eavesdrop or record conversations without the consent of everyone involved. It's a felony to record other people's conversations, and a misdemeanor to record one's own conversations without the other person's consent.

Gannon said detectives came to his home late at night, and refused to leave when he asked them to do so. He took a videocassette to the police station as evidence, saying he wanted to file a complaint against Detective Andrew Karlis, whom he said was rude to him.

Police have investigated Gannon?s complaint, and concluded it was founded, Hefferan said. Hefferan said some action would be taken, but he couldn?t discuss it because the detective has already been publicly identified.

?I have sustained the complaint, and believe one of our detectives did not afford a member of the public the level of courtesy that they expect and deserve, regardless of how provocative, uncooperative, or disrespectful that individual may have been to the officer during the same encounter,? Hefferan wrote.

Gannon disputed that he was rude to police, saying he simply asked them repeatedly to leave, and used vulgarity only when they ignored his request.

?I told them get the eff out of my house,? Gannon said, adding, ?I don?t see how me saying ?Goodnight, gentlemen? about 40 times is rude.?

?All I did is file a complaint, and I end up going to jail? They put my family through hell,? Gannon said. ?I?m not saying my kids are perfect, but the way they came on, they acted like my kids killed the president or something.?

Gannon was released after his wife posted $10,000 bail. Before opting to drop the case, police offered a plea deal, Gannon had said: a 30-day, suspended jail sentence if he admitted to a single misdemeanor charge of evidence tampering.

Gannon refused.

?I felt that I did nothing wrong, so I wasn?t guilty,? he said Friday.

After Gannon turned down that deal, a prosecutor said his case would be sent to the Hillsborough County Attorney's office for further prosecution. But Hefferan?s decision on Friday ends the case.

Gannon appreciated the numerous phone calls he received from people offering their support, ?people saying they backed me and all that.?

?But at the same time, I?m facing all these trumped charges, running scared,? he said. ?I was more worried about the 21 years than anything else.?

Gannon said he hopes police will return and reinstall the security cameras, which they seized from his home during a search after his arrest.

?They broke them off the mounts, and ripped the wires right out of the wall,? Gannon said. ?They took it, they can return it, that?s my feeling.?

Hefferan said police will return Gannon?s equipment. He has yet to determine whether police can make public a copy of the videotapes, however. Because the recording is technically illegal, he said, it would be a crime to distribute it.

?I?m not sure whether I can do that,? Hefferan said.

The state wiretap law notwithstanding, Hefferan said citizens and businesses have the right to set up security systems that include audio recording, but they must post clear, obvious notice to warn anyone within range. The ?obscure little sticker? Gannon had posted on the side of his house wasn?t enough, Hefferan said.

The case is being discussed in a forum on the Telegraph Web site, at www.nashuatelegraph.com/gannon.

Andrew Wolfe can be reached at 594-6410 or awolfe@nashuatelegraph.com.

[tracysaboe]

Cops will start thinking twice about harrassing people if they know they'll be run through the ringer with phone-calls etc.

tracy

[FTL_Ian]

Great news, now let's get rid of that law and make it so anyone is free to record anyone else on their own property, cop or no.