Another party busted

[Dave Ridley]

can someone think of a good sign idea relevant to this breach, to wave in front of EPD folks?

[FTL_Ian]

Perhaps he should get in touch with Gardner.

[Dave Ridley]

I've scheduled a tentative mini demonsration

http://forum.soulawakenings.com/index.php?topic=5114.0

[KBCraig]

Major discrepencies between Gatchell's numbers, and police estimates of the partygoers. Zero evidence Gatchell targeted underage drinkers. Obvious police intent to bust someone, anyone, because they showed up in force before the party ever started.

http://www.unionleader.com/article.aspx?headline=Party+host+says+he%27s+being+persecuted&articleId=221192b4-c4b0-4d70-85c1-f702384c2399

Party host says he's being persecuted

By TOBY HENRY
Union Leader Correspondent

Epping – A man police said held a huge party that included underage drinking accused authorities of persecuting him because of his success as a local businessman.

"I think it's because I'm so public (well-known), and just because of politics, and I've been on some boards," said Paul Gatchell, a former zoning board member and entrepreneur who runs Gatchell Excavation.

"We have no real crime (in Epping), so I guess the cops have nothing better to do than write tickets and bust parties," he added.

Eighteen people were arrested early Sunday at Gatchell's 43-acre property, 11 of them for internal possession of alcohol. Gatchell said police arrived hours before the event, parking in front of the property and looking to make arrests.

Police and liquor enforcement agents say as many as 600 revelers gathered at Gatchell's rural home and business off Prescott Road for a "Pajama Jam - Pool Party." The party was advertised on the Internet as being one hour north of Boston at "a secret New Hampshire location." According to an online flyer, the admission price for men in pajamas or bathing suits was $20; the price was $10 for women in lingerie or bikinis.

Gatchell said 100 to 150 people showed up to hear three bands Saturday night. He said he charged a cover to pay the musicians.

As of last night, Gatchell had not been arrested or charged in connection with the party. But Epping Police Lt. Mike Wallace said Gatchell may face charges of hosting an underage drinking party.

Wallace said at least four noise complaints were logged from Hamilton Heights, Prescott Road, Cherokee Lane and Longmeadows neighborhoods between 11 p.m. Saturday and 1 a.m. Sunday.

"And that's not counting the calls that weren't logged," Wallace said Tuesday, adding that Gatchell's claims of being persecuted by police are without merit.

"I'd expect comments like that, but we don't litigate through the media; we're going to let the courts decide," he said.

Gatchell said any noise complaints came not from his neighbors but from people living "about half a mile away."

"No one (abutting) my house complained," he said.

Police said yesterday that Gatchell has a prior history of arrests in town, but did not relate specific charges. According to documents in Exeter District Court, Gatchell was charged with violating a noise ordinance and three counts of prohibited sales of alcohol in 2004, but the charges were never prosecuted.

Wallace was not sure why local prosecutors never fully pursued the charges.

Gatchell was also charged with simple assault that year, but was later found not guilty in Exeter District Court.

When asked if he had a local arrest record, Gatchell first said that he didn't know, but later said he had been "falsely accused two or three years ago." He said the charges were dropped and he couldn't recall details about the case or name the exact charges.

Gatchell also said he had a dispute with one neighbor about 14 years ago regarding an apartment building he owns at 242 Main St. Despite opposition from the neighbor, Gatchell said he was able to rezone the property from residential to commercial so that he could run his business from that location.

Gatchell said he ultimately followed through on a threat to paint the building "the funkiest colors you've ever seen." The structure was painted "desert orange and crayon green with purple polka dots," he said.

"And I guess it worked, because he (the neighbor) moved away about a year and a half later," he said.

[Russell Kanning]

We'll these guys having had their last 3 or 4 parties raided by campus thugs (private security hired by the college) checking IDs at random, wandering the house looking for drugs etc felt that in the tradition of fraternities something really stupid had to be done on their party so they had a milk and cookies party.

Maybe we should all have lemonade in our backpacks in Keene.

[KBCraig]

We'll these guys having had their last 3 or 4 parties raided by campus thugs (private security hired by the college) checking IDs at random, wandering the house looking for drugs etc felt that in the tradition of fraternities something really stupid had to be done on their party so they had a milk and cookies party.

Maybe we should all have lemonade in our backpacks in Keene.

Actual lemonade, in "Mike's Hard Lemonade" bottles.

[FreeUNH]

the chief called me back but i missed it and he left a voice mail.   Said he couldn't answer questions about an ongoing investigation but was polite.   I called him and left another voice mail...said I appreciated his quick return call but...

it seemed like they had really worked hard on saturday night to set a new record in terms of the number of constitutional amendments bent in one night.

amendment one bent with their attempt to "investigate" how the event advertised itself
amendment two possibly bent with their handling of the AK 47 in the trunk issue, I said I wished everyone had an AK in their trunk.
Amendment 4 bent with their entry onto his property
Amendment 5 bent by forcing people to incriminate themselves by showing ID indicative of age

I said you almost made it all the way from one to five without interruptions  !      I said i realize there are probably many things you guys do over there which are great that I don't know about, and thank you for those, but I don't appreciate the saturday stuff, I want you to know you have opposition and my state taxes presumably pay for some of what you do so it's my business!

I'm confused as to how the 4th amendment was violated as it was reported by the Union Leader that the police had a warrant?  My guess is that you, like me, were not at this party and are just going by what you have read in the press.  Also, how do you know that the police forced people to incriminate themselves by showing an ID, couldn't they also have just asked and the people gave them up of their own free will?  Also, you forgot the third amendment, I'm guessing the quartering of solders was not at issue?   In addition, there is no right to free speech in commercial speech, so there goes 1.  I suppose one could make the argument for right to peaceably assemble, so maybe that claim is valid. 

[Dave Ridley]

Welcome 'board, FreeUNH.

From start to end the Fourth Amendment reads:

"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

To me the question is:  Was this search reasonable?   Just having a warrant doesn't make it so.  The kids (most of them adults probably) were in many cases charged with "internal possession."  Is it reasonable to have your "internals" searched while on private property, against the wishes of the property owner? 

You're right, one shouldn't rely too heavily on media accounts, but these Constitutional complaints center only on what the police claim they did, or say they are doing, not what Gatchell is accusing them of.   

In any case I'm just glad you are paying attention to the Amendments.  If you win a debate with me because you know your Constitution that's the kind of problem I'd like to have every day.

[FTL_Ian]

Welcome, FreeUNH.  About freedom of speech:

The government allegedly protects freedom of speech on government-run "public" land.  On private property that you own, you are free to speak in whatever manner you want, symbolic, commercial, etc.  You are also free to restrict the speech of others who are on your property, should you feel so inclined.  For instance, I do not want white supremacists speaking on my property at all.  If I speak on my property and tell lies, others are free to not listen or free to speak out against me on their property.  Speech is just speech, don't let the government fool you into thinking there are some forms of speech that are higher than others.

[KBCraig]

Latest: Gatchell has been charged.

http://unionleader.com/article.aspx?headline=Epping+party+host+charged&articleId=362f3a6c-5b0b-48d4-9624-a4ccd06c3dbb

Epping party host charged

By RILEY YATES
Union Leader Staff

Paul Gatchell, 35, of 44 Prescott Road, turned himself in to police Friday on misdemeanor charges he hosted an underage drinking party, provided alcohol to minors, and created a noisy disturbance.

Police say the Aug. 30 party drew as many as 600 people and could be heard from as far 1 1/2 miles away. Eighteen were arrested, mostly for internal possession of alcohol.

Gatchell, who owns an excavation business, has accused police of targeting him because he is successful in town. He has disputed the size of the party and maintained teenagers sneaked in without his knowledge.

The arrest includes a charge of facilitating an underage drinking party, a relatively new law that could bring up to a year in prison.
Party poster

Since the Legislature enacted it in 2004, well more than 100 people have been charged under the party-host law's provisions, including high-profile cases in Gilford, Derry and Claremont.

Pushed by Dover Youth-to-Youth, a student group, the law makes it a crime to host a drinking party with five or more non-relatives under 21.

Gatchell also faces 12 counts of prohibited sales, one count of disorderly conduct for the noise the party created and a violation level charge of hosting a large assembly without a permit.

Police Sgt. Jason Newman said the prohibited sales counts reflect the 12 minors taken into custody at the party who had been drinking.

"We're not alleging he sold the alcohol," Newman said. "Under the law you can't sell, give away, cause, allow or provide" minors with liquor.

Gatchell did not return a phone call yesterday.

Previously he has said revelers tried to turn away teenagers, though no one was stationed to check identifications.

Police, "just kept driving by," Gatchell said the day after the party. "I was saying, ?What are you doing? If you have a problem come and talk to us.'"

"There's 100 to 150 people dancing in a crowd with music," Gatchell also said. "I don't know why it's a big deal."

The concert featured three bands and charged a cover in order to pay the musicians. It was among a handful that Gatchell hosts each year on his property, events he said he spreads through word of mouth. Neighbors on the secluded, woods-lined and sparsely housed road have defended Gatchell, saying the parties do not bother them.

Newman said police do not plan to respond to Gatchell's and others' comments.

"We don't want to litigate this in the media," he said. "We want to let the courts make a decision on this."

Gatchell is free on his own recognizance. An arraignment is scheduled Oct. 6 in Exeter District Court.

[d_goddard]

Latest: Gatchell has been charged.

Is there any way to find out which specific RSA's he's being charged with violating?
I think I've seen MD come up with that kind of info before, eg, in the Gannon case...

[Spencer]

According to this Portsmouth Herald article:

"Paul Gatchell, 35, of 44 Prescott Road, is being charged with facilitating an underage drinking party, disorderly conduct, large assembly without a permit and 12 counts of prohibited sales."

Facilitating a Drug or Underage Alcohol House Party: RSA 644:18
Disorderly Conduct: RSA 644:2
Prohibited Sales: RSA 179:5

[FTL_Ian]

Pushed by Dover Youth-to-Youth, a student group, the law makes it a crime to host a drinking party with five or more non-relatives under 21.

Who are these people?  There needs to be a Youth for Freedom group to oppose them.

[Spencer]

Pushed by Dover Youth-to-Youth, a student group, the law makes it a crime to host a drinking party with five or more non-relatives under 21.

Who are these people?

In WWII, they called them collaborators.  Or the Hitler Youth.  Or Vichy France.

The scary thing about the "drinking party" law is that it applies to any gathering of at least five people under the age of 21 -- only one of whom needs to be in possession of / consuming alcohol / controlled substances.  Whatever happened to freedom of association?

[Rochelle]

Lowering the drinking age to 18 and getting rid of the state owned liquor shops sound like two things we could easily do to increase freedom in NH. It's hard to believe that liquor shops are state owned there...how can anyone claim that that is a justified use of government authority??

Pushed by Dover Youth-to-Youth, a student group, the law makes it a crime to host a drinking party with five or more non-relatives under 21

Something tells me that a more accurate name would be "Religious Student group." Most of the religious student groups I've run into are intent on ruining everybody's fun...