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Ademo’s Wiretapping Convictions Appealed to NH Supreme Court, Reported by The Union Leader

The write-up below was originally published in The Union Leader – the most-circulated newspaper in the ‘shire. It details the latest iteration in legal land for Ademo Freeman, who, after working to gain accountability for Darren Murphy’s assault of a high-schooler who had muttered an explicative, was himself run through the criminals justice system.

For all related content, including dozens of videos, uploaded legal land documents, posts, and more, see: http://CopBlock.org/FreeAdemo

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CopBlock co-founder appeals his wiretapping conviction
by Dale Vincent, Dec. 13th, 2012, New Hampshire Union Leader

MANCHESTER – CopBlock.org co-founder Adam Mueller, who was convicted of felony wiretapping in connection with recorded calls to school and police officials about the arrest of a student at Manchester High School West in 2011, has appealed to the New Hampshire Supreme Court.

Mueller posted portions of the conversation as part of a video on CopBlock.org.

Mueller represented himself at an Aug. 13 trial in Hillsborough County Superior Court North before Judge Kenneth Brown.

The jury convicted him of three counts of felony wiretapping for recording calls Oct. 4, 2011, with Manchester police Capt. Jonathan Hopkins, West High School Principal MaryEllen McGorry, and Denise Michael, a school secretary, all without their consent.

The conversations were about an Oct. 3, 2011, arrest of a West High School student in the cafeteria. The arrest by the school resource officer was videotaped by another student, who had met Mueller and Copblock.org co-founder Peter Eyre a few weeks before.

The video showed the officer grabbing the student, pushing him face down onto a cafeteria table and handcuffing him.

Ten days after his August trial, he mailed a motion to the court, seeking to have the verdict set aside or reversed, the charges dismissed with prejudice, the conviction vacated and his release ordered, or, alternatively, a new trial ordered and the remaining sentence stayed. He argued he had been confined in jail, without access to legal materials, and that is why he hadn’t filed the motion sooner.

The prosecution objected to the motion and the judge denied it, saying it was not filed within the required seven days and that Mueller himself had requested immediate sentencing after the verdict was returned, and Mueller is an “experienced pro se litigator and knows the rules.”

Mueller’s attorney, Brandon Ross, said once the Supreme Court receives the trial transcript, which is due by Dec. 30, it will issue a scheduling order.

Ross said the court may order a mid-March deadline for briefs from both sides. An oral argument was requested, but that is up to the court, he said.

Ross said the main argument is that Mueller was convicted of felony wiretapping, but the way the statute is written, if he was a party to the recording, he could be convicted of only a B misdemeanor, which carries just a fine. A felony carries jail time, although Mueller served only a few months.

“Every state has its own rules (about recordings),” said Ross, adding that New Hampshire’s wiretap law “is written in a terribly confusing way.” In an email, Ross said the question is what the statute was trying to forbid by the felony-level offense. “From our perspective, it was actually trying to stop nefarious third parties from surreptitiously recording phone calls they have no business hearing. Someone recording a call which he’s a part of? Not as serious.”

About Pete Eyre

Pete Eyre self-describes as a voluntaryist and hails from the Midwest. He went to undergrad and grad school for law enforcement, ultimately concluding that he could have a bigger impact through other avenues. In addition to being active with Cop Block, he's interned at the Cato Institute, been a Koch Fellow placed at the Drug Policy Alliance, Directer of Campus Outreach at the Institute for Humane Studies, Crasher-in-Chief at Bureaucrash, a contractor for the Future of Freedom Foundation and co-founder of the Motorhome Diaries and Liberty On Tour.

10 Responses to “Ademo’s Wiretapping Convictions Appealed to NH Supreme Court, Reported by The Union Leader”

  1. John Q Public says:

    At least Mueller got smart enough to finally get a lawyer.

  2. PSOSGT says:

    I actually think this may work out for the best. For starters I don’t agree with the law. But if you had won at court, that would’ve only effected your case unless the judge made a ruling on the case verses you being guilty or not. This way, the reviewing court can make case law which may do away with the law.

  3. Daniel says:

    I hope the issue of the First Amendment is raised. Public officials should just assume they are being recorded, and there should be no crime at all.

  4. Glenn says:

    How many among us can say they took a freedom of speech issue to the state supreme court? Adam and the CopBlock guys don’t just talk the talk, they walk the walk.

  5. slappy says:

    He will not get the charges dropped. When you look at the trial video, he at first admitted he did wrong and then he denied doing anything wrong. The jury barely took anytime to find him guilty because he was and still is guilty. He burned himself not the other way around. Now he has 5 felonies after his name and not much of a life to look forward to. The judge was very kind to give him the sentence he received instead of what he could have received.

  6. underoath says:

    Glenn, you are correct, they do not just talk the talk.

    The record the talk and get convicted of felonies.

  7. underoath says:

    And by the way, I have no problem with this getting appealed. I think its a stupid law.

  8. Allen says:

    They can also refuse to hear the case, which here doesn’t address if the NHSC has accepted the case or not? If they don’t then the lower court decision will stand. The US Supreme Court just refused to hear the Illinois case. 11/26/12 The U.S. Supreme Court has refused to hear a case on the constitutionality of recording police officers while they do their job.

    This means the court leaves in place a lower-court ruling, which found placing limits on taping police in public spaces unconstitutional.

    The NHSC may also rule in favor of the lower courts decision. How then would you react? “I am changing things a cannot accept”, so I guess we the people doesn’t apply to “I or me”. I vote for my local state and federal representation for laws. I don’t remember Mr. Mueller on the ballot. Maybe he just wants to bypass my rights to a free government. Good luck Mr. Mueller with that concept!

  9. john says:

    you go Ademo congratulations on the supreme court excepting your appeal.good luck in the process.

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