NH Supreme Court Accepts Ademo’s Appeal and Michael Valentine’s Prosecutorial Misconduct

Published On December 4, 2012 | By CopBlock | Articles

A writer who would prefer to remain anonymous submitted the following via CopBlock.org’s ‘Submit a Post’ tab.

According to the NH Supreme Court website Ademo’s appeal was accepted on October 26, 2012. See here.

This means that the NH Supreme Court will actually hear Ademo’s appeal. Whether or not the court even reaches the 1st Amendment arguments, it’s likely Ademo’s conviction will be overturned. Brandon Ross has handled the appeal extremely well, and if you read it you’ll see that based on the clear meaning of the statute, Ademo at most was only guilty of a misdemeanor.

Here’s the text of the wiretapping statute.

“570-A:2 Interception and Disclosure of Telecommunication or Oral Communications Prohibited. –
I. A person is guilty of a class B felony if, except as otherwise specifically provided in this chapter or without the consent of all parties to the communication, the person:

(a) Willfully intercepts, endeavors to intercept, or procures any other person to intercept or endeavor to intercept, any telecommunication or oral communication;

(b) Willfully uses, endeavors to use, or procures any other person to use or endeavor to use any electronic, mechanical, or other device to intercept any oral communication when:

(1) Such device is affixed to, or otherwise transmits a signal through, a wire, cable, or other like connection used in telecommunication, or

(2) Such device transmits communications by radio, or interferes with the transmission of such communication, or

(3) Such use or endeavor to use (A) takes place on premises of any business or other commercial establishment, or (B) obtains or is for the purpose of obtaining information relating to the operations of any business or other commercial establishment; or

(c) Willfully discloses, or endeavors to disclose, to any other person the contents of any telecommunication or oral communication, knowing or having reason to know that the information was obtained through the interception of a telecommunication or oral communication in violation of this paragraph; or

(d) Willfully uses, or endeavors to use, the contents of any telecommunication or oral communication, knowing or having reason to know that the information was obtained through the interception of a telecommunication or oral communication in violation of this paragraph.

I-a. A person is guilty of a misdemeanor if, except as otherwise specifically provided in this chapter or without consent of all parties to the communication, the person knowingly intercepts a telecommunication or oral communication when the person is a party to the communication or with the prior consent of one of the parties to the communication, but without the approval required by RSA 570-A:2, II(d).”

Essentially, the statute reduces the crime to a misdemeanor for a person who is a party to the communication (i.e. a participant). Of course this last little bit was left out of the jury instructions that Michael Valentine submitted to the judge and ultimately went to the jury. This omission was either gross incompetence on the part of Michael Valentine in that he couldn’t be bothered to read the entirety of statute, or intentional prosecutorial misconduct and a violation of NHBA rules of professional conduct specifically, 3.3(a)(1) and 3.8(a).

Knowing this, one can’t help but realize how dripping with arrogance and hypocrisy Michael Valentine’s closing statement was. As he railed Ademo for asking the jury to nullify his charge, hammering home the point that we must all obey the law, he had already submitted jury instructions that omitted a relevant part of the law so he could secure a felony conviction. This was a violation of his professional obligation as an attorney and as a prosecutor.

 

 

 

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  • OUTSTANDING

    Your conviction WILL be overturned, and if there is anything you can do to be made whole because of Michael Valentine’s ignorance then I hope you go forth,….LAWSUIT !

  • G. Asher

    Kick their asses Ademo. It ain’t an easy trail to walk, is it?

  • John Q Public

    If Mueller would have used that donated money to get a lawyer in the first place, he probably wouldn’t be in this situation.

  • G. Asher

    Actually, this might be exactly the position to be in, in the end.

  • KAZ

    @JQP
    That is the problem with the court system we have today. A person should not have to pay for a lawyer to get a FAIR trial. When innocent people get found guilty simply because the proper paperwork wasn’t filed on time or other procedures were not done by some judges standard, does not make them guilty. The American court system is supposed to seperate the innocent from the guilty, and not turn innocent people into guilty people because they don’t hold a law degree. Yes the appeals process is a form of checks and balances, but it is also costing taxpayers millions of dollars each year to pay for these supreme court justices to fix other judges and prosecutors mistakes.

  • John Q Public

    KAZ, Mueller did have the money. You copblockers donated it to him. Its not the court’s fault if Mueller didn’t know how to file paperwork or doesn’t have knowledge of the law like he thought he did. A person doesn’t have to pay for a lawyer if the can’t afford one, it even says so in Miranda. Mueller could have had a lawyer, he chose not to. It bit him in the ass in the end. I think maybe he shouldn’t have paid attention to the so called “legal” advice given on this site and he probably would have beat the rap. Instead, he thought he was smarter than the system and was wrong. He might have a chance on the appeal due to his own incompetence though. At least he has a lawyer this time.

  • Common Sense

    I remember doing some checking and he had more then 2000.00. I remember he was using 1/2 for his legal ‘defense’ (and weed) and then when he lost, he used it for his commissary. You guys just keep donating and he’ll keep fighting the good fight! (and buying weed and tacos)

  • http://www.policemisconduct.net Glenn

    Hey common sense, I have no problem whatsoever donating money, only to have than money spend on efforts not directly related to the legal issue.

    Just like cops get taxpayers money, union dues, and seized property and divert those funds to worthless “community outreach” (snitch recruiting programs like the one you came from).

    The mission here is to support the CopBlock members as a whole. I could give as shit less if they buy XBox games so long as some of it goes to the legal defense. And tacos and weed, if the need arises.

  • John Q Public

    Glenn, you are so misguided its not funny. Go ahead and support the copblock criminals. And yes, I went there. Most of these guys have been convicted of crimes because they broke the law and had the arrogance to think that they were above the law. Kinda like what they say about the cops. I guess it sucks when the shoe’s on the other foot. So, keep on funding the copblockers so they can laugh all the way to the bank because they sold you their bullshit.

  • http://www.policemisconduct.net/ Glenn

    Hey johnny q pubic, question for you. Are the CopBlock guys 236% more likely to rape than the general population? I doubt it. But guess what? Law enforcement personnel are 236% more likely to rape than the general public.

    Guess who I will be sending my money to? Tacos and weed, FTW!