The system is stacked against you. Always. If you are ever arrested, you have lost, regardless of whether you have actually done anything wrong, or anything illegal. There is no “innocent until proven guilty” because by the very act of arrest, you are assumed guilty, and must pay bail in order to then procure a lawyer or other means to fight your way through to proving your innocence. Even if you are found innocent, you have lost, because you have lost time, money, and resources in fighting mistaken, or even intentionally false charges.
Nor is there any “due process” – insofar as the term means fairness. Taken literally, yes, people are given some sort of process, which law enforcement and the powers that be have deemed to be “due” to a defendant. However, this process is one in which prosecutors have absolute civil immunity for knowingly using false evidence. It is one in which police have qualified immunity for mistaken arrests. (More on immunity here). It is one in which judges too, have judicial immunity no matter how mistaken, illegal, or malicious their rulings are. I.e. You are jailed for your screwups, but they are immune from suit for their screwups.
Absent any form of recourse for negligent, intentional, or even malicious violations of civil liberties, it is not surprising prosecutors engage in charge-stacking when they have decided they do not like a particular defendant. The wanton piling of charges has nothing to do with justice, guilt, or innocence, and everything to do with coercing a pesky or irritating defendant into submission.
This is what happened to Ademo and Pete in Greenfield Massachusetts in July of 2010. For those who regularly follow Cop Block, the story is well known. They went to the Franklin County Jail to bail out fellow activist Rich Paul, who had been arrested the day before, and filmed this event. Franklin County Sheriffs told them they could film in the lobby. They left and returned later with bail money and Pete’s ID, and were told they could not film after all. When they dared express the radical idea that public officials can be recorded while conducting their duties, Sgt. Todd M. Dodge arrested them.
Long story short, Ademo and Pete were the victims of charge stacking, in which prosecutors filed bogus charge after bogus charge, all of which the jury found them innocent. They repeatedly sought accountability and explanations from Greenfield PD, to no avail. To express displeasure at Ademo and Pete’s repeated efforts to seek accountability, Magnan and his buddies chased Ademo and Pete around town and harassed them for a jaywalking ticket (video here). In another instance, Greenfield PD followed Liberty on Tour around town for purposes of intimidation.
Despite it being very clear the arrests were unjustified and the charges were nothing more than an unjust display of power, consequences have befallen neither the police nor the prosecutors involved (what a shocker!) Of course, for all the vile trolls on Cop Block insisting against all evidence and logic that police are held to a “higher standard” and are “always held accountable” this must be the first time in history that prosecutors and police utterly botched the meaning and purpose of the law, and failed to meet due penalties.
In fact, not only has no one been punished, Sgt. Dodge was promoted recently, along with Gary Magnan who is shown in this video issuing arbitrary orders to Ademo and Pete, and threatening them with arrest. However, this should come as no surprise. The police police themselves, and are subject to immunities that ordinary people lack.
This whole affair demonstrates police are neither there to protect nor serve their “customers.” They are there to maintain their authority, even in the absence of a lawful basis for doing so, and when they intentionally misconstrue the law to an innocent victim’s detriment, there is absolutely no recourse.
Over a year ago Greenfield, MA mayor William Martin offered to review with me the findings of an investigatory report focused on the actions of individuals employed by the Greenfield Police Department. Despite my numerous calls, emails, faxes and in-person visits I’m still waiting.
Last Friday (August 19th) I tried again. I called Massachusetts State Patrol employee Michael Barrett (Martin had long-ago ceased talking directly to me about the report and had related calls fielded by employees of the MA St Patrol). Barret told me that the investigation was never completed since I had failed to provide his colleague Michael Habel with the necessary information. To be clear: the investigation was already under way prior to my inquiry, so it’s completion should never have hinged on my input (or lack thereof). Also, as is detailed by the documents hyperlined below, I have made contact numerous times over the phone, email, fax and in-person, and in the very infrequent times I ever got a response, no additional information was never asked of me.
So, in an effort to be transparent my conversation with Barrett is posted below in its entirety (in two parts due to YouTube’s 15min limit) and the information he sought (which I mailed to him) is visible through the following .pdf documents: my 4-page letter and supporting Greenfield-Report-emails.
Also posted below – the complaints I filed on July 12th, 2011 and video from that process, in which I’m told that an investigation has already been conducted by the MA St Patrol (of which Barrett claimed to be unaware during our conversation).
Will all this work finally help get me answers? We’ll see…
When Ademo and I walked into the Franklin County Jail in Greenfield, MA to bail out a friend last July I had no idea we’d be standing in front of a jury over a year later. But, such is the state of affairs today – when individuals who merely question requests voiced by someone wearing a badge are kidnapped, caged, and threatened with years in a cage and thousands in fines for allegedly engaging in actions that victimized none.
Our options: show-up or not show-up. If we did the latter it’s likely that one day we’d be greeted by men with guns, intent on kidnapping or killing us. We went the former route and as best we could, leveraged our efforts to advance the voluntary society. In the end, we were vindicated and countless other individuals were introduced to the ideas of self-government.
My criminal complaint listed five charges, including two felonies. Ademo faced a felony and a couple misdemeanors. It’s likely district attorney Jeffrey Bengston thought we’d take his plea deal. No dice. Our strategy: win in the court of public opinion.
We proceeded pro se and later were assigned stand-by council over our objections. I felt constrained by the system-imposed and interpreted rules. If the stated goal of the process is to bring to light the truth let’s make that happen. Instead, legal maneuvering took center stage. But that’s to be expected in legal land.
We refused to sign paperwork, and spent many hours doing outreach, connecting with others, brainstorming, and creating and sharing content. We documented the entire process – the meta-post now about the incident has over three dozen posts and the YouTube playlist has over two-dozen videos. Our objective: to strike the root – underscore through the entire bureaucratic process that those involved – whether they wear a badge or push paper at a desk – are responsible for their actions. As Lysander Spooner accurately penned:
The highwayman takes solely upon himself the responsibility, danger, and crime of his own act. He does not pretend that he has any rightful claim to your money, or that he intends to use it for your own benefit – Furthermore, having taken your money, he leaves you, as you wish him to do – He does not keep “protecting” you by commanding you to bow down and serve him; by requiring you to do this, and forbidding you to do that.
Over the past year we traveled back to Greenfield (often times with friends) for court proceedings and a public safety commission meeting. In mid-May we kicked-off our Free State Friendship Tour in Greenfield (the only stop outside the ‘shire). Last week, in preparation for our trial, we were on the ground for another week.
Our grassroots impact was without question. It was a catalyst and self-reinforcing. We couldn’t walk down the street in Greenfield without being stopped by others who gave us love or shared their own stories of being victimized by individuals working for the Greenfield Police Department. Business owners allowed us to leave our DVDs and fliers on their counters. Friends hustled our literature to passerbys. A food coop allowed us use of a room for a “Know Your Rights” presentation. One individual who works as a bailiff wished us “Good luck!” when we happened to patron the same diner. And perhaps most-telling, other court personnel who a year ago seemed to view us with disdain now greeted us with smiles.
The trial date approached. I had long ago concluded that it wasn’t the outcome that was important but how we represented ourselves. “Let the chips fall where they may” I told a friend. Whatever the verdict, I know we hadn’t harmed any person or property. And I know we worked hard to share this perspective with others.
That said, obviously a “not guilty” verdict was preferable – being roped-into the arbitrary court process is not fun. In fact it’s downright frustrating due to the unaccountability of those who subsist via the political means. But a “guilty” verdict wouldn’t have been the end of the world. My thoughts on this could perhaps be best communicated by this statement by Martin Luther King – someone else who chose to put natural law before man-made legislation:
Ordinarily, a person leaving a courtroom with a conviction behind him would wear a somber face. But I left with a smile. I knew that I was a convicted criminal, but I was proud of my crime.
Trial began on Monday, July 18th. About 60 friends joined us. Their energy was contagious – it really set the stage for the entire proceedings. By 4pm, after calling three witnesses (Brian Schindler, Chad Sumner and Todd M. Dodge) the “state” rested. Though Ademo and I had subpoenaed six others (Gary Magnan, Leslie Troczynski, Christopher Newborugh, Jordan Lehtomaki, William Gordon, and William Martin) we considered resting due to the strength of our cross-examination and the video evidence. Yet we were told we’d have to wrap-up on Tuesday as there was not enough time for closing statements and jury instructions. It felt as though the opposing team called a “time-out” during a hot streak.
When Tuesday kicked-off both Ademo and I submitted motions that argued that our charges should be dropped since the “state” had failed to prove the elements of each charge. The judge dismissed my resisting charge, leaving felony wiretapping for both of us and resisting for Ademo, both of which carried sentences of up to 2.5yrs.
We gave closing arguments. I began with a quote from my buddy Nathan Larson: “When we behave ethically we should do so confidently.” I outlined that the “state” didn’t meet their burden any of the charges levied against us and more-importantly, that we hadn’t done anything immoral. I ended with a statement by Albert Einstein “Never do anything against conscience, even if the state demands it.”
I had made an effort to connect with the jurors – to personalize Ademo and myself, through eye contact, jargon-free points and including some statements that Bengston quickly objected. During the closing I emphasized self-ownership and acknowledged that while we had asked questions, we hadn’t done anything illegal or immoral. I said that such actions – not blindly obeying others who demand certain actions of you but questioning them – should be lauded, while pointing directly to one juror to hammer-home the point.
That morning I was 90% confident that we’d leave with “not guilty” verdicts. I was even more confident after our closing arguments. Then Bengston gave his purposefully-misleading interpretation of the felony wiretapping statute – ignoring the secretive angle on which it hinged. Lengthy and turgid jury instructions followed. “Would the vagueness and legalese distract the jurors?” I wondered.
The jury of six left to deliberate at 10:45am. Though the woman I thought most-supportive had been made an alternate, I was optimistic due to the non-verbal communication I observed from individual jurors exhibit toward Ademo and me, as well as toward Bengston and the three witnesses. At 2:15pm the jury returned a “not guilty” verdict for each of the three remaining charges. Ademo and I exchanged a hug. Others clapped. Some got teary-eyed. I knew we had many appealable issues but I’m glad the court proceedings ended on this day, and not after another year.
As the jury left the courtroom they were given a standing ovation. For me it was one of the most-powerful things to occur through this entire process. I can’t know for certain the mindset of those six individuals but it seemed like they knew the applause was both respectful and congratulatory for doing the right thing. After the trial one juror – Darcy – was approached by someone in our crew (I was still in the building) and asked his thoughts on the trial. He left wearing a Cop Block shirt:)
Much thanks to everyone who helped us through this arduous process. I’m there for you.
What’s next you ask? We’ll see…
Take-Aways:
Strike the root. If you didn’t harm person or property hold your head high and speak the truth.
Make easy-to-grasp overviews. Don’t assume everyone is familiar or will make/take the time to become familiar. Present content in varying lengths, tones, detail.
Point cameras at others. Show support and increase their affinity.
Be timely and delegate. Don’t be afraid to ask.
Be transparent. Build the community.
Be creative. Brainstorm. Try a variety of tactics.
We’re still working on the footage from our trial, hopefully we’ll be able to publish it later today, but we wanted to give folks a sneak peak. Below is a playlist created by Jason Talley, of Talley.tv, consisting of live updates taken from the trial.
Last night we posted fliers along Main Street in Greenfield to inform more people about Ademo and my unjust arrests by Todd M. Dodge and our ongoing prosecution by Jeffrey Bengston. Using satire, the flier encourages readers to NOT attend our presentation or trial, visit our website, or share with us their police abuse stories.
We also printed-up hundreds of quarter-sheet fliers with the same text, which we’re including with our DVD and FreeKeene.com handout, and distributing around town.
This week Pete, Beau (the newest member of LibertyOnTour.com) and myself are in Greenfield, MA. We’re here to face the long arm of the law, I mean state, and to defend ourselves from felony wiretapping charges, resisting arrest and trespassing. All of which stems from an incident in July 2010 at the Franklin County Jail (for more information see this meta post).
We’re slated for trial next Monday, July 18th, and will be mounting a huge campaign for accountability throughout this week. We’re able to do a lot on our own while on the ground but we could always use some help. While we’re focusing on interviewing others abused by the Greenfield PD, conducting outreach and increasing awareness, if you have the time and interest to help in a few other areas check out the list below. Thanks in advance for helping us hold those, who wrongfully arrested us, accountable.
How Can YOU Help?
Share Our Content on Your Social Networks
Share the huge Meta post, which covers every blog, video and document(s) pertaining to our case(s).
Email local news outlets (Western Mass preferred but also Eastern, like Boston), Radio stations and bloggers. We’ve created a Press Release and Media Packet for you to share. Otherwise standard emails or phone calls encouraging other media outlets to share our situation with their audience is greatly appreciated.
Participate in A CopBlock.org Call Flood
Jeff Bangston – (District Attorney prosecuting us) 413.774.3186 - ask him to do what’s right and dismiss our charges
Todd M. Dodge – (arresting officer, Greenfield Police Department) 413.773.5411 ext. 1415 - ask him to think about his rights-violating actions
William F. Martin – “Mayor, Greenfield” – 413-.772.1560 - ask him to make a public statement against our treatment/charges
Donate to CopBlock.org
Normally we send those who donate $20 or more a T-shirt but this week, until the conclusion of our trial, if you donate $15 you’ll get your choice of an “Am I Free To Go?” or “I don’t talk to police. I record them” shirt.
Today, with the stroke of a pen, the threat of up to eight years in a cage that had been hanging over my head evaporated.
I had a motion to suppress hearing in Greenfield, MA, where last July Ademo Freeman and I were unjustly kidnapped, caged overnight, and stolen from, before being threatened with a total of eight charges.
The hearing today was aimed at two charges in particular – a misdemeanor VIN manipulation (266-139-A-0) and a felony ammo charge (269-10-H-2). Even before the hearing started I was approached by DA Jeffrey Bengston, who informed me that he was going to “nolle prosequi” the charges as well as return our property that had been stolen over a year before during our kidnapping.
It’s a good start. Trial on the rest of our charges happens next Monday, July 18th.
Last week the Liberty On Tour crew was in Greenfield, MA to get accountability from those who had wrongfully arrested them almost a year ago. Daniel McCarthy repeatedly interrogated me for his information, following the crew several times in his cruiser (which is stalking), and then trying to issue a ticket to me for jaywalking as he himself, jaywalked across the street to issue the citation. Soon after, a few other officers appeared on the scene, all armed, and one even armed with a camera. As quickly as the officers appeared on the scene, all of them, minus McCarthy scurried off to the cop shop, leaving the original stalker to continue his seemingly endless harassment.
For more information on the Greenfield police click here.
