Here is a
summary (click to expand once it opens) of how I came to be indicted for Attempted Felony Extortion for what the Indictment notes is writing a demand letter about a bloke who faced 3
undercover drawn guns and a body cavity search for walking while black in Jaffrey, NH. I further stipulate that I did "threaten" a press conference, allowing equal time to Police Chief Martin J. Dunn -- who incidentally the town has now asked to leave on
several occasions.
I sued them back in Defamation and you can learn a lot about this case in studying the state's second requested continuance, obtained after the prosecutor and my attorneys said they were all red-to-go a month prior.
Listen to the 2 minute mp3 Audioblawg if you want a better summary of why I am so (reasonably) hopping mad about all of this. (More on A2)
King's lawyers, former Prosecutor David Horan, (l) and Robert Wilson, (r) take in the cartoon-like character of the State's case:
NAACP Guidelines received in February 2005 - 3 months after--3 months after--3 months after--3 months after I accepted the chair of legal redress -- clearly provide for pre-suit negotiations to be approved by CEO first, but they certainly provide for such possibility, in direct contravention_direct contravention_direct contravention to what the NAACP told the prosecutor and the media about me. All I was doing was engaging in pre-suit negotiations for crissakes, preparing the case to pass off to a licensed attorney -- and ironically one of them I called was Andru Volinsky, Esq. who told me he might be conflicted -- turns out he was conflicted because he ended up representing Chief Dunn on his suspension!! Again listen to the mp3 in the first section; makes it all clear.
However, the other activities in which I engaged in without reprimand - such as writing highly critical letters to Gloria Timmons' sister's employer in Hartford, CT - should have required CEO approval as well. Not to mention Clare Holston boosting the Chamber of Commerce information I got through folks on my non-profit board on the DL to help the organization grow - for her "personal" reasons as noted above.
As another Kossack noted yesterday, there is something more than meets the eye, and it is the NH establishment not wanting to lose to a defrocked/suspended nigger attorney who doesn't put his tail between his legs and beg to massuh', and the NAACP running scared because Nashua is a new chapter, they didn't want the controversy, the one in Manchester folded a while back, etc. etc.
They thought that they could make me a scapegoat and make the whole thing go away. NAACP turns a blind eye to a lot of things while Boston City Council staff take action and write press releases about what was going on at American Tower, resulting in front page coverage. Read this post regarding my interview with former Boston NAACP President Louis Elisa, complete with JPEGs of his business card to prove that such interview happened, and this one noting how Boston City Council helped out while NAACP sat on the sidelines.
Perhaps it may strike some of you more astute readers as odd that the daughter-in-law and son of the former police chief are two of my staunchest supporters -- I work for her and her brother's firm from time to time and she got fired for standing up for me at American Tower.
Here's another overtime case I settled going through the firm, dammit. That's how Tobey 'sposed to do it, massuh' since they chopped off the front of my foot back in Columbus.
The balls they can't have. After all I need to save those for horny clit-vibrator-weilding Caucasian female managers, right? That's a story for a different website :)
So here's the hypothetical you have to ask yourselves in what is clearly a First Amendment case:
You are a community representative, non-lawyer director for a homeowners' group in Alphaville. You know the levee down the road is weak; could be fixed for $100K.
You complain to the city to fix it, they don't, a Big Rain comes and Mr. & Mrs. Good E. Citizen's home is destroyed. You write a letter stating "please pay Mr. Citizen for his home." City says no. Then you advise the city that you're calling a press conference and note that they are free to come and have equal time.
You get indicted.
Then you say, WTF???
And you look at the governing and persuasive law with your lawyers - one of whom is the former lead prosecutor of the biggest county in Alphaville, and really say WTF???
Then you realize the indictment came down the next business day after you emailed them a copy of the link to your blog post, critical of Alphaville town administration and the code inspector for cover ups and corruption.
See Willie Toney's actual, not hypothetical Police reports scanned
here. The post you wrote was entitled
Why the NAACP is a sellout organization.
Becker v. Zellner 684 N.E.2d 1378 (1997), rehearing denied, 690 N.E.2d 1379.
Finally, setting forth a "hard bargaining position," threatening to institute civil suits, or declaring "that one intends to use the courts to insist upon what he believes to be his legal rights" are not actionable. Enslen v. Village of Lombard, 128 Ill.App.3d 531, 533, 83 Ill.Dec. 768, 470 N.E.2d 1188 (1984).
The statute is unconstitutional on its face on First Amendment grounds: State v. Weinstein 898 P.2d 513 (1995).
Statute making it a crime to threaten to expose secret or asserted fact which would tend to subject anyone to hatred, contempt or ridicule or to impair his credit or business could not be interpreted as applying only to "wrongful" threats and thus could not be saved from overbreadth. U.S.C.A. Const.Amend. 1; A.R.S. § 13-1804, subd.A, par.6.
Weinstein did the following to a landlord who owed him money:
(1) said he would file suit immediately; (2) send significant records concerning the landlord's business to the landlord's business competitor; (3) contact the landlord's parole officer and inform him that the landlord had violated parole; and (4) send press releases to the media informing them of the landlord's involvement in alleged criminal activities......Arizona Appeals Court: Perfectly legal activity.
These cases are not like the true Criminal Threat in State v. Gero, out of Cheshire County, where the Defendant "took a pistol out of his gun cabinet and said he would 'blow them away**'" 877 A.2d 201 (NH 23 June 2005).
And some of you have criticized me for making this public. Please recall that the NAACP and Jaffrey used media conglomerate WMUR as their personal mouthpiece when the indictment was issued, ambushing Attorney Phillips in this piece at her home, and they didn't even tell her I had been indicted. She BTW is the daughter-in-law of the former Jaffrey Police Chief referenced hereinabove.
And they even went into my website to use my film maker's copyrighted materials to spin me as negatively as the space would allow.
Who represents WMUR? Why the NAACP's lawyers -- Orr & Reno, home of former law clerk David Souter, of course.
Watch me explain all of that, and watch Attorney Phillips's twin sister talk about American Tower Corporation and how they treated employees in "A Day in Nashua" and "American Lawyer II and III at:
KingCast.net.
Remember this as you enjoy your weekend Kossacks: Unlike most yay-hoos who rant, if you want to dig into my past, into conduct that occurred in 1996, 700 miles away in Ohio, I've got video to back up much of what I say, because of a certain historian with years of courtroom experience who saw me getting hosed repeatedly, and got out his video camera to cover it.
I advise that you listen to said historian in this 2 minute mp3.
And for those of you who think I take myself too seriously, step back a minute, like Aribiter did in recommending this diary:
recommended (0 / 0)
Once again. Too bad most Kossacks can't grok the humor.
by arbiter on Tue Apr 25, 2006 at 07:18:30 PM PDT
I know, I know, I know... (0 / 0)
Some of this is a pure style issue. As I mentioned to someone else, how often do two well-educated people (lawyers in fact) get fired for supporting another person during tough economic times with no other jobs lined up if that person is an ass?
It ain't gonna happen.
Anyway, how'd you like the brass tacks and the lady of justice. I love ripping on the law because the law rips on me and other non-establishment types every time the law dons a robe.
Peace.