Defensive or Offensive? That is the Question…

Published On January 20, 2012 | By Ademo Freeman | Articles

Recently I was found guilty in my Chalking 8 trial, while highlighting those bogus charges we (Pete and I) met Frank and Mike, who took this video of Manchester Police Officer Murphy. The video went viral and received attention from several news outlets. Instead of taking a serious look at the actions caught on tape the city went into defense mode.

The Police, school and local government officials sought to criminalize Frank, Mike and myself. They expelled Frank from school, charged Mike as an adult (over a teenage fight) and charged me with three counts of wiretapping. Crimes the state says justifies caging me, at your expense, for 21 years.

Donate to Ademo's Wiretap Fund

I’ve been through this before in Greenfield, MA and am confident I can present my case, logically. The problem I face in Manchester that I didn’t have in Greenfield is the personal vendetta those in Manchester seem to have for me. After all, I was given the max sentence (with 10 months of it stayed for 2 years good behavior) for ‘resisting’ my arrest.

With that in mind I’ve thought long and hard about how I’d like to tackle this case. I’ve done all the homework, reading up on New Hampshire’s wiretapping law, talking with lawyers, brainstorming ideas with fellow activist and more and it’s come down to one thing, funding. Which is why I made this video asking for your help.

As stated in the video, I think a lawyer would be beneficial to ensure I have fair pre-trial hearings and ‘proper’ (in their eyes) procedure during trial. Considering this will be an expectation of privacy trial – and that public officials have none – it will be more difficult that my Greenfield trial. Yet, a win here could do wonders for activists in the “Shire” attempting to change coercive government actions.

That being said, I also know, and appreciate, the offensive tactic as well and when done properly, is mightier than the current justice system. In terms of risk, I end up taking more with this tactic, as these actions will be done outside the court room. The best part of this strategy is that the actions the government is trying to distract you from – excessive force, deletion of evidence and criminalization of those who question government – will be front and center. As this issue goes further back than just one phone call, the Manchester police have gotten away with murder (literally) for a while now.

Regardless of how this fund raiser goes, I’ll be in court, speaking the truth and defending my position on filming, recording and monitoring public officials. I would greatly appreciate you donating to either cause as it would help me (and other activists) further the message of police accountability. You can also buy CopBlock.org swag, which help funds our CopBlock activities, or contact me for video intro/outro’s and power post. For those unable to donate, sharing CopBlock.org content and social networks is just as good as FRN’s and I need/appreciate your support as well.

Thanks in advance.

Help Ademo, Help You - Donate Today - Donate with WePay
—–

Ademo’s First Hearing (video) – CopBlock.org
CopBlock Founder faces 20 years – Photography Is NOT a Crime
Ademo Responds to Charges by CopBlock
Manchester’s Chalking 8 by Cop Block
High School Student Catches Excessive Force on Video by Cop Block
Video shows West High student’s arrest by Mark Hayward in the Union Leader
West High student arrest video goes viral by Kathryn Marchocki in the Union Leader
Teen on school arrest: ‘I was goofing around’ by Mark Hayward in the Union Leader
Manchester students say videotape of arrest was not planned by Shawne Wickham in the Union

 

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About The Author

Ademo Freeman is an advocate for a voluntary society, one where people are free to live their lives so long as they don't initiate force on others. Ademo has also been involved with other projects such as the MotorhomeDiaries.com, FreeKeene.com and LibertyOnTour.com You can get more content created by Ademo at his Facebook page and YouTube channel. Enjoy Ademo's post/work? Want to show him your gratitude, simply click here. Thanks in advance for your support, it's greatly appreciated.
  • Guy

    I’m frankly disappointed by the fact you are still recognizing these so-called courts as legitmate. They are PRIVATE companies, operated by your friends, the attorneys. No funds for you, for it would be a waste. Good luck.

  • R Mich

    Ademo:

    We made a small donation this morning and would be willing to help you, Copblock and Nevertakeaplea in any way that we can. The government has stolen our resources and uses them against us. We have no option but to fight, in a peaceful manner, until the system uses force against us.

    God bless you and everyone that fights for freedom and liberty.

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  • http://www.facebook.com/Known.Terrorer This person

    I think a combination is the best route. You won’t do anyone any good from jail. Plus, even in this corrupt joke of a system, every precedent still helps.

    PMRC slowly gets their way, Entertainment Moguls continue with DMCA and the next SOPA like law…they won’t stop trying to control everything, however, trials can get more people to pay attention and delay the process, such as Jello Biafra’s. His trial inspired me.

    So get a lawyer, but also have your voice heard. Don’t let your lawyer, however well intentioned, boss you around. Work with him to allow some important views heard. Take the stand.

    Cops were already bad enough, now they are being militarized more and more every day…

  • Ademo Freeman

    Thanks R Mich, I appreciate it and wish you the best of luck in your cases against the state.

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  • Able Freeman

    Ademo,

    This really sucks. I assume that most of the donations will end up funding a lawyer. I would like you to ask the lawyer, that with the fact the brother/sisterhood of lawyers being responsible for much of the law making, all of the prosecution,all of the defending and all of the judging, Where in there is it the they are supporting justice when they set you up then want to charge you a very generous hourly rate to defend you from a system they own? We all need to ask this before any of them get paid for anything. If the system is a joke it is because lawyers made it that way! That being said for you Ademo I will find something to help you fight this tyranny!

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  • Guy

    Hire a lawyer and be deemed incompetent by the court, thus becoming a ward of the court. Utter foolishness. To each his own.

  • Bill D

    I just made a $25.00 donation I know its not much but its what I could. I wish you luck with these a**holes. The people with badges can beat the sh*t out of a civilian when they are off duty and nothing gets done about it. But you record a phone conversation and they throw the book at you.

  • Ademo Freeman

    Thanks Bill, and everyone else, for the donations. I’ll be updating everyone with a blog post soon. Much love.

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  • jeanne

    It is not illegal to video cops , they are public servants or they are suppose to be . My good advice , would be get a real good lawyer , that does not live in the area where this happened . I’m an old woman , if i could help i would , but things are not so good in this economy . Best of luck to all of you . I live in a small , and it is nothing but a police state little Podunk town .

  • http://jaimesherman.com jaimekid

    You really should be doing this with stand-by counsel AT THE LEAST.

    I don’t see why you are not seeking the ACLU or another civil liberties attorney group when you are this far in the hole.

    It is VERY unwise to go pro se in criminal cases.

    Civil case – whatever, your life isn’t on the line.

    But this is not a joke and it’s not wrong to use state resources for your defense when the state has taken those resources by force to use against you.

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  • Jim

    Dear Ademo,
    Please be so kind as to email pdf copies of your charges, pleadings and the like and I can assist your attorney in preparation of the case.

    DISCLAMER
    I’m not an attorney, I am a highly experienced in state and federal court free speech advocate, an experienced certified paralegal and hard core USER of extraordinarily harsh speech against public officials abusing their official positions of power.

    I most strongly advise you to protect the rights of free speech, the press with – the- counsel – - of an attorney- – - further a malicious prosecution deprivation of civil rights under the color of law is an civil rights federal cause of action under 42 USC 1983. (Noting NOTHING in court is easy, cheap or fast nor can any result be guaranteed)

    The expectation of privacy is one angle of your defense. I used it just two weeks ago to defeat three complaints made against me in state court for filming- – police sponsored and protected thugs who were on public property.

    However, your attorney will insure that you raise many other statutory and Constitutional protections besides this one.. you have a right to journal those public events.. journal means journalism, means to record events.

    Events that occur in public places, concerning the official performance of duty by public servants are matters of public concern. Every word in the proceeding sentence has layers of US Constitutional 1st amendment protection. Additionally your attorney will move in the record by motions demanding the protections of the state of Mass. own Constitution.

    “”Article CVI. Article I of Part the First of the Constitution is hereby annulled and the following is adopted:-

    All people are born free and equal and have certain natural, essential and unalienable rights; among which may be reckoned the right of enjoying and defending their lives and liberties; that of acquiring, possessing and protecting property; in fine, that of seeking and obtaining their safety and happiness. Equality under the law shall not be denied or abridged because of sex, race, color, creed or national origin.”

    I think your attorney would argue that this filming is part and parcel to protecting your “liberties”.

    “”Article XVI. The liberty of the press is essential to the security of freedom in a state: it ought not, therefore, to be restrained in this commonwealth. The right of free speech shall not be abridged.””

    Your attorney should preserve this objection that what your doing is Constitutionally protected free speech the freedom of the press, journalism and you clearly are a journalist.

    You also may find that having your attorney file a complaint to the FBI Division of Civil Rights against the City that is charging you is a pretty good way to push back against this prosecution.

    http://www.fbi.gov/about-us/investigate/civilrights/color_of_law

    Civil Applications

    Title 42, U.S.C., Section 14141 makes it unlawful for state or local law enforcement agencies to allow officers to engage in a pattern or practice of conduct that deprives persons of rights protected by the Constitution or U.S. laws. This law, commonly referred to as the Police Misconduct Statute, gives the Department of Justice authority to seek civil remedies in cases where law enforcement agencies have policies or practices that foster a pattern of misconduct by employees. This action is directed against an agency, not against individual officers. The types of issues which may initiate a pattern and practice investigation include:

    ■Lack of supervision/monitoring of officers’ actions;
    ■Lack of justification or reporting by officers on incidents involving the use of force;
    ■Lack of, or improper training of, officers; and
    ■Citizen complaint processes that treat complainants as adversaries.

    Now the FBI is not my friend and I tell them to “F**k You” and “Go to H***.” every time I see them – - just to get that out of the way so we can conduct business. However, these people use our money and we are entitled to their services in the defense of our civil rights so.. use them.

    Your attorney can make contact for you to the FBI on the color of law compliant,.that is a very good use of your time and money.

    Your attorney should be requested to file very soon Motions for a Bill of Particulars, “Brady” motions for disclosures of the evidence to be used against you.. all this stuff you have to give your attorney time to get done and some of it may have time limits too.

    Just speaking as a real protester myself I’ll mention something for your attorney.

    Your Attorney can raise the federal First Amendment Protection Act

    Chapter 21A. Privacy Protection
    Subchapter I. First Amendment Privacy Protection
    Part A. Unlawful Acts
    § 2000aa. Searches and seizures by government officers and employees in connection with investigation or prosecution of criminal offenses

    (a) Work product materials
    Notwithstanding any other law, it shall be unlawful for a government officer or employee, in connection with the investigation or prosecution of a criminal offense, to search for or seize any work product materials possessed by a person reasonably believed to have a purpose to disseminate to the public a newspaper, book, broadcast, or other similar form of public communication, in or affecting interstate or foreign commerce; but this provision shall not impair or affect the ability of any government officer or employee, pursuant to otherwise applicable law, to search for or seize such materials, if–

    (1) there is probable cause to believe that the person possessing such materials has committed or is committing the criminal offense to which the materials relate: Provided, however, That a government officer or employee may not search for or seize such materials under the provisions of this paragraph if the offense to which the materials relate consists of the receipt, possession, communication, or withholding of such materials or the information contained therein (but such a search or seizure may be conducted under the provisions of this paragraph if the offense consists of the receipt, possession, or communication of information relating to the national defense, classified information, or restricted data under the provisions of section 793, 794, 797, or 798 of Title 18, or section 2274, 2275 or 2277 of this title, or section 783 of Title 50, or if the offense involves the production, possession, receipt, mailing, sale, distribution, shipment, or transportation of child pornography, the sexual exploitation of children, or the sale or purchase of children under section 2251, 2251A, 2252, or 2252A of Title 18); or

    (2) there is reason to believe that the immediate seizure of such materials is necessary to prevent the death of, or serious bodily injury to, a human being.

    (b) Other documents
    Notwithstanding any other law, it shall be unlawful for a government officer or employee, in connection with the investigation or prosecution of a criminal offense, to search for or seize documentary materials, other than work product materials, possessed by a person in connection with a purpose to disseminate to the public a newspaper, book, broadcast, or other similar form of public communication, in or affecting interstate or foreign commerce; but this provision shall not impair or affect the ability of any government officer or employee, pursuant to otherwise applicable law, to search for or seize such materials, if–

    (1) there is probable cause to believe that the person possessing such materials has committed or is committing the criminal offense to which the materials relate: Provided, however, That a government officer or employee may not search for or seize such materials under the provisions of this paragraph if the offense to which the materials relate consists of the receipt, possession, communication, or withholding of such materials or the information contained therein (but such a search or seizure may be conducted under the provisions of this paragraph if the offense consists of the receipt, possession, or communication of information relating to the national defense, classified information, or restricted data under the provisions of section 793, 794, 797, or 798 of Title 18, or section 2274, 2275, or 2277 of this title, or section 783 of Title 50, or if the offense involves the production, possession, receipt, mailing, sale, distribution, shipment, or transportation of child pornography, the sexual exploitation of children, or the sale or purchase of children under section 2251, 2251A, 2252, or 2252A of Title 18);

    (2) there is reason to believe that the immediate seizure of such materials is necessary to prevent the death of, or serious bodily injury to, a human being;

    (3) there is reason to believe that the giving of notice pursuant to a subpena duces tecum would result in the destruction, alteration, or concealment of such materials; or

    (4) such materials have not been produced in response to a court order directing compliance with a subpena duces tecum, and–

    (A) all appellate remedies have been exhausted; or

    (B) there is reason to believe that the delay in an investigation or trial occasioned by further proceedings relating to the subpena would threaten the interests of justice.

    (c) Objections to court ordered subpoenas; affidavits
    In the event a search warrant is sought pursuant to paragraph (4)(B) of subsection (b) of this section, the person possessing the materials shall be afforded adequate opportunity to submit an affidavit setting forth the basis for any contention that the materials sought are not subject to seizure.

    This is only the surface of the myriad number of defenses available to a resourceful civil liberties attorney in defense of free speech/free press cases.. I know this stuff and I solicit ACLU type attorneys to make my cases when I get up into the deep appeals..

    Offense is the best defense sometimes, a well drafted civil rights complaint in federal court to quash the State’s criminal complaint and prosecution can run their time and expenses up and expose the state to more liability, force them to dismiss earlier.. just a thought to take to…your….attorney.

    Don’t get demoralized by a prosecution. Fighting these cases in court is not a waste of your time and effort but actually is a permanent memorial in the record to your defense of freedom.

    Contact me I am willing to help your attorney which will of course help you.

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  • Guy

    Jim, why did you not mention the CUSIP numbers or the CRIS account?

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  • Aaron

    Ademo,

    I just donated $50. You can do whatever you want with it. A good Lawyer can tie a court in nots but an bad or average one is less than worthless. Do whatever you think has the best chance of leaving you free at the end of the day.

  • Henryk

    Guy says: ( I abbreviated the mail to show the important part:)
    January 20, 2012 at 8:07 pm

    No funds for you, for it would be a waste. Good luck.
    Is this how you treat someone who needs help? An empty handed good luck is your idea of generosity. Whiskey, Tango Foxtrot mate? I don’t know about you but, I can tell an insult when I read one. He needs help not an empty message of support.

  • jerry

    Hey, Ademo

    You wanted us donors to comment on your defense strategy: whether to lawyer up or go it on your own. I would advise that you get the best lawyer you can. I really like Jaimekid’s suggestion that you contact the ACLU. Try to find others in your community who are earnestly working to defend our Constitutional rights. You may find an attorney who will take your case pro bono. Whomever you decide on, be certain that they have had some experience with cases similar to yours. Again, I strongly recommend that you seek help or at least advice from the ACLU.

    Best of luck. I will be looking for your updates.

  • John Doe

    You guys should really quit using PayPal and start using some other method. You should know by now that PayPal is an enemy of FREE speech as well as an enemy of Truth & Justice. After all, PayPal shut WikiLeaks down for exposing the truth about unjust and criminal actions committed by the Government and it’s minions.

  • Ademo Freeman

    I agree.. we’re looking at and working on alternative options. Right now we’re stuck with what we have.

  • Guy

    @Henryk: Why support a lost cause? Ademo fails to recognize the private nature of the pd’s and courts and continues to fund same through ignorance. I truly wish him good luck.

  • Dangerson

    Funds and support from AZ on the way.

  • Henryk

    Guy, for the time being the justice system in place is all we got and this is the ONLY way Ademo and many others can deal with the present problem peacefully, there is nothing else. Violent overthrow of the installed system would be met with unimaginable force and the population would not support it.

  • Guy

    Hk, there is no “justice” system. We are dealing with nothing more than a for profit corporate entity. Wake up!!

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  • zwt

    @Guy: “Hk, there is no “justice” system. We are dealing with nothing more than a for profit corporate entity. Wake up!!”

    Can you prove there isn’t a justice system? To me your affirmation is analogous to saying “religous fanatics cannot hurt me because there is no God”.

  • Guy

    zwt, a better question…can you prove that there is a “justice” system i.e., court, that is not a private company? It appears you are dancing with the truth, yet afraid to be soiled by it. One would be foolish to expect “justice” from a rigged system.

  • Richard S.

    Good news Ademo, visit the following site and you might just have
    your golden key to stump anyone from wiretapping charges. Hope this helsp your couse.

    http://www.righttorecord.org/?p=448

    It is the opinion of rht 1st distric court of appeals regarding the first amendment rights to video tape in public.

    Best wishes.

  • zwt

    @Guy: I take your word for it that the courts are private entities and you can’t expect justice from them. But this is semantics. Call it however you whish. As long as they can send the police after you if you fail meeting their demands, wheter they are private or not, called a “justice system” or not, they will control your life. In the light of this fact, how do you suggest Ademo to proceed: go to the judge and tell him he has no jurisdiction over him?

  • Guy

    @zwt: Please don’t take my word for it. No semnatics, here, just fact. Spend a little time researching and find the truth for yourself. Ademo gave jurisdiction to the court via contracting with the judge, hiring a lawyer, posting bond, etc.. One has to get out of the various contracts which enslave oneself, voluntarily. We (through ignorance) are our own worst enemy. Collectively we haven’t a clue as to how the system actually works. Did you know that virtually all court cases are bonded and traded, much like securities. Check out CUSIP (committee on uniform security identification procedures) and CRIS (court registry investment systems). It is a racket and the lawyers are in on it.

  • zwt

    @Guy: thanks for the info, I will certainly spend the time to better comprehend the issue. Do you have some good resources on how to properly behave in a trial or how to avoid being put in a trail situation?

  • Richard S.

    Ademo,

    I agree with what the following people said before:

    Guy says:
    January 23, 2012 at 12:29 pm
    Hire a lawyer and be deemed incompetent by the court, thus becoming a ward of the court. Utter foolishness.

    But the following is also a good idea:

    jaimekid says:
    January 24, 2012 at 8:03 pm
    You really should be doing this with stand-by counsel AT THE LEAST.
    I don’t see why you are not seeking the ACLU or another civil liberties attorney group when you are this far in the hole.

    and with :

    Jim says:
    January 25, 2012 at 6:50 am
    The expectation of privacy is one angle of your defense.

    However, your attorney will insure that you raise many other statutory and Constitutional protections besides this one.. you have a right to journal those public events.. journal means journalism, means to record events.

    Your attorney should preserve this objection that what your doing is Constitutionally protected free speech the freedom of the press, journalism and you clearly are a journalist.

    You also may find that having your attorney file
    ( why you can’t do this yourself??) a complaint to the FBI Division of Civil Rights against the City that is charging you is a pretty good way to push back against this prosecution.

    http://www.fbi.gov/about-us/investigate/civilrights/color_of_law

    Civil Applications
    Title 42, U.S.C., Section 14141

    There is also a very good Youtube videos on : Most People are in Jail voluntarily and the link is below for you to see.

    http://www.youtube.com/results?search_query=most+people+are+in+jail+voluntarily&oq=MOST+PEOPLE+ARE+IN+&aq=2&aqi=g1&aql=&gs_sm=c&gs_upl=496687l500618l0l503265l19l17l0l8l8l1l565l1930l1.5.2.5-1l9l0

    All crime is Commercial, so if you never cross over to the criminal side, then by the “process” alone, they have to dismiss it. For there to be a contract, there must be “consent”. There are several elements to a valid contract and I am sure you can find out what they are. If you keep on sticking to this issue and say I can’t move forward until this matter is resolved, then they have no choice but to dismiss.
    ( you can always keep saying ” on and for the record” and since there is a record, then if they rail road you, you can appeal, and win at a higher or federal court, since they will obviously will show on the record their improper due process and be over turned and then you can sue them in tort claim for untold millions due to their negligence and corrupt behavior and don’t forget to file a claim for damages and expenses on your first win for having to defend from their frivolous case, it is your right but most people don’t know this. If you win, they have to pay you. )

    They can threaten you with 100 years in jail if you do not consent and they will only ask you 3 times and they will not ask a fourth time. If by the third time, you do not consent, they have no choice but to release you and drop the charges, since you are not accepting their benefits ( going to jail) and you are waiving him of his duty to perform. Look up all the title 18 codes mention in the videos and you will have something you can send in by mail and have served on the prosecuting DA and they will not be able to proceed. It is always a good idea to have a counsel, but not to re-present you, since that would signify you are incompetent and a ward of the state.

    I hope this gives you some options to stick it to them where it hurts the most.

  • Guy

    “The Rules of Procedure used by every Local, State and Federal Court are Civil Rules, not Criminal! Court officials simply substitute the word criminal for civil, depending upon the case at hand. Rule 1 of the Rules of Civil Procedure Reads: “There shall be but one form of action, a civil action.” This means that the Criminal laws promulgated and enforced by the police and our corporate governments are all civil and are being fraudulently enforced against our “corporate fictions” as criminal.”

    http://www.in5d.com/anonymous-judge-blows-the-whistle.html

  • Guy

    @zwt and Ademo: I suggest studying this template. It is self explanatory:

    http://www.mailboxsupport.com/1.26.12NewCoramNobisTemplate.doc

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