The Manchester Free Press

Saturday • July 27 • 2024

Vol.XVI • No.XXX

Manchester, N.H.

Syndicate content Free Keene
Peaceful Evolution
Updated: 11 min 19 sec ago

New Hampshire Red Flag Laws Have Got To Go

Wed, 2024-07-24 22:28 +0000

The following article was written by a friend of Free Keene anonymously. Please enjoy.

The Live Free or Die state has garnered a reputation for being extraordinarily pro-gun over the past few years. New Hampshire is either the best state in the union for gun rights or it’s tied with one or more other states for the coveted top spot. Granite Staters never need a permit to carry any firearm concealed or openly, and courts are the only places where guns aren’t allowed. The state government doesn’t restrict any magazines, ammunition, or accessories, and local governments in the state can’t do anything to restrict gun rights, either. Upon deeper analysis, however, one may find that New Hampshire is far from the best state for gun owners and supporters of liberty and due process. In fact, it may be the most tyrannical state in the union when it comes to the confiscation of firearms by police. 

 

Over the past few years, 21 states have enacted “red flag” laws, which generally allow the government to seize firearms from people who exhibit warning signs of being a potential danger to the public or to themselves. Such laws typically allow law enforcement agents to petition a court for an “extreme risk protection order.” If approved by the judge, police may then go to the defendant’s home and confiscate their firearms and ammunition before he has a chance to defend himself in court. This Orwellian policy flips due process on its head by presuming persons to be guilty, punishing them, and then giving them a chance to defend themselves in court at a later time. It seems that the entire right side of the aisle has condemned red flag laws, especially when it was politically popular to do so. But when asked about such policies shortly after a tragic shooting, the same people express support for preemptive gun confiscation in order to remain politically popular.

 

And that’s the key: politics. 

 

Republican politicians love saying things like: 

 

“We will never let the Dems take your guns! We have a 2nd Amendment right gosh dangit! Red flag gun confiscation will never have my support!”

 

But nearly every Republican legislator in New Hampshire changes their tune dramatically when presented with ex parte gun confiscation if it’s wrapped in a different type of box, one which nearly nobody on the planet would dare oppose: the restraining order. 

 

According to the mainstream dogma, anything under any restraining order statute could never be loosened.  Anyone who supports amending the restraining order/gun confiscation law (RSA 173) must support violence against women. That’s what the conservatives would have you believe. Yet, RSA 173 is New Hampshire’s restraining order statute and it may be the union’s most expansive and anti-liberty red flag gun confiscation law. There are a few ways in which it’s the worst: 

 

  1. As opposed to the other states, New Hampshire’s legislators support granting any human the opportunity to file a restraining order against another person. Other states only allow police officers, spouses, romantic partners, and sometimes other relatives to file restraining orders or Extreme Risk Protection Orders (EPRO). 
  2. Judges in New Hampshire seem to approve the restraining order in 100% of cases. Evidence is not necessary, and one does not even need to make any allegation of wrongdoing against someone for the judge to approve their request. Judges figure that it’s best to err on the side of public safety over individual liberty and due process.
  3. It is standard practice in New Hampshire for all restraining orders to include an order to the police to confiscate all firearms, ammunition, and weapons from the subject by force. No person with a restraining order can possess or have any access to any of these items. Any refusal to cooperate with the police searching the person’s home is met with arrest and a subsequent search and seizure. Within 30 days, the defendant may have an opportunity to attend a hearing and convince the judge that the restraining order should be lifted. If successful, he can then file a motion with the court asking for his firearms back from the police and he is granted a future hearing to argue that matter. 

 

In New York, only a district attorney, a police officer, a school official, a healthcare professional, or a member of the respondent’s family or household can file ERPOs. They also must be filed in the defendant’s court, while anyone in New Hampshire can go to their local court or just call the cops to file the ERPO.  

 

In New Jersey, a family or household member or law enforcement officer may file a petition for a temporary ERPO alleging that the respondent poses a significant danger of bodily injury to themselves or others by having a firearm. The law states that “A judge shall issue the order if the court finds good cause to believe that the respondent poses an immediate and present danger of causing bodily injury to the respondent or others by having custody or control of, owning, possessing, purchasing, or receiving a firearm.” This is a higher standard than New Hampshire judges utilize; they seemingly approve every red flag request, even those that don’t make any allegations whatsoever.

 

In California, only those with certain relationships to the defendant can file ERPOs, while New Hampshire allows any person to do so. Their law states that: 

 

At the hearing, the petitioner has the burden of proving, by clear and convincing evidence, that both of the following are true: (1) The subject of the petition poses a significant danger of causing personal injury to themselves or another and (2) A gun violence restraining order is necessary to prevent injury because less restrictive alternatives either have been tried and found to be ineffective, or are inadequate or inappropriate for the circumstances. 

 

New Hampshire does not even require a hearing for a red flag gun confiscation. Any person in NH can tell a cop they want someone’s guns taken, at which time the cop calls a judge who gives them the approval, and the ERPO is executed immediately. 

 

Some states have red flag gun confiscation policies that are similar to New Hampshire’s but none are worse. 

 

In the 2024 session, the Republican-controlled legislature unanimously killed two bills that would have reformed the state’s gun confiscation laws. The Criminal Justice and Public Safety Committee unanimously voted to recommend killing the bills, and the House subsequently killed them both by voice votes. 

 

House Bill 1064 (filed by pro-liberty Rep Matt Santonastaso) would have eliminated the gun confiscation element from restraining orders while keeping all of the other provisions intact. Any person would still be able to file a restraining order against anyone else for any reason. Judges would continue to approve nearly 100% of temporary ex parte restraining orders, which would forbid the defendant from contacting or coming near the plaintiff. The Committee killed the bill. House Bill 1337 (filed by pro-liberty Rep Tom Mannion) would have made it a little easier for the defendant to get his property back from the police after the expiration of the restraining order. It also would have prohibited police from charging storage fees for the guns and ammunition they confiscated, and it would have removed the absolute immunity from liability for property lost or damaged while in police custody. The Merrimack County prosecutors testified against both bills, implying that women would die if either of the bills passed into law. 

 

The State Representatives on the Committee are:

 

Terry Roy

Jennifer Rhodes

Alissandra Murray

Kevin Pratt (R)

John Sytek (R)

Mark Proulx (R)

Jason Janvrin (R)

Dennis Mannion (R)

Karen Reid (R)

Jonathan Stone (R)

Jeffrey Tenczar (R)

Linda Harriott-Gathright (D)

David Meuse (D)

Amanda Bouldin (D)

Amy Bradley (D)

Nancy Murphy (D)

Ray Newman (D)

Jodi Newell (D)

Loren Selig (D)

Jonah Wheeler (D)

 

============================================================

 

AZ is almost as bad as NH

13-3602 – Order of protection; procedure; contents; arrest for violation; penalty; protection order from another jurisdiction; definition.

 

CO is similar to NH

Petition for extreme risk protection order, Colo. Rev. Stat. § 13-14.5-104

 

DC is almost as bad. Must show immediate danger. And it lasts 7 days.

https://www.womenslaw.org/laws/dc/restraining-orders/anti-stalking-orders#node-73939

 

FL is similar. Cops can file ERPOs. Citizens can ask cops to do it, seemingly.

Chapter 790 Section 401 – 2021 Florida Statutes

 

Anyone can file a restraining order, and people with restraining orders generally can’t have guns in HI, seemingly. 

Section 134-7 – Ownership, possession, or control prohibited, when; penalty, Haw. Rev. 

 

IN – judges have full discretion for ex parte orders

State Gun Laws: Guns and Orders for Protection | WomensLaw.org

 

VA – red flag law is ex parte but has more process and higher standard than NH: In determining whether probable cause for the issuance of an order exists, the judge or magistrate shall consider any relevant evidence, including any recent act of violence, force, or threat as defined in §19.2-152.7:1 by such person directed toward another person or toward himself. No petition shall be filed unless an independent investigation has been conducted by law enforcement that determines that grounds for the petition exist. VA does not seem to require another motion/hearing to get guns back. The law explicitly allows the defendant to transfer his guns to a friend. 

 

Shire Free Church Minister Gives Bitcoin Sermon

Sun, 2024-05-19 17:04 +0000

Free Talk Live host and Shire Free Church minister Zephan Wood began holding sermons at his house three months ago. Crowds have gathered at each event to listen to the sermons and then stay for hours after to discuss everything from cryptocurrency use as a religious practice (the main topic of the sermons) to consciousness, religion and DMT trips. The conversations usually start around his sermon and evolve through out the night, set around a fire.

 

Most of the attendees have been Free Staters but some have been locals invited out. It is very nice to see a Shire Free Church minister taking up a mission on their own to spread the ideas of peace. My own experience at these events has been welcoming, inspiring and mind-expanding. Conversation among like-minded and non-judgmental people is one of the most important activities for a community.

Here is his most recent 420 sermon;

“This sermon is made in honor of the holy sacrament of 4/20. In the Torah, God said in the context of creating the world for man, “See, I give you every seed-bearing plant that is upon all the earth, and every tree that has seed-bearing fruit; they shall be yours for food.” Genesis 1:29. When God created this holy proclamation to humanity, he was, of course, aware that he had given humanity cannabis, psilocybin, opiates, alcohol, and other plants or plant-derived substances that would change the human consciousness from its default state. Humanity acted on this guideline for nearly all human civilizations, with nearly every culture, empire, and leader taking mind-altering plants given to humanity by God for our use. For example, Marcus Aurelius, a Roman Emperor used opium. Additionally, in ancient Egypt, cannabis was used for medicinal, religious, and cultural purposes. Furthermore, Psilocybin was used by the Aztecs, who referred to it as teonanacatl, meaning “God’s flesh,” and it was used in religious and healing rituals.

However, in the modern era, the government instituted its unholy War on Drugs. This War is against the divine decrees of God and humanity’s historical use of substances. The origin of this War on Drugs primarily began in America with the institution of racist drug laws. The first anti-opium laws in America were made to target the Chinese. The first anti-cannabis laws were meant to target Mexicans. Finally, according to one of Nixon’s top advisors, the War on Drugs was meant to “target blacks and hippies.” Since they were the Administration’s primary political enemies and disproportionately used psychedelics, cannabis, and/or opiates.

For better or worse, these laws are still on the books because the government is at war with everyone. The government believes that it knows better than God and your god-given conscience what you should do with your body and how to shape your consciousness using these plants. More importantly, the government feeds on humanity’s disconnection from the divine, and it outlaws anything that would facilitate easier communication with the creator of the universe. Indeed, changing your consciousness from its default state is one of the easiest ways to bring you in direct contact with the creator of the universe and foster these deep spiritual connections. This is something the modern-day state cannot allow to happen. The government seeks to have a monopoly on purpose and to have everyone devote their religious and moral energy towards the government rather than towards other human beings and God.

The internet and Bitcoin have actively fought the government from establishing this monopoly and have fought the unholy War on Drugs head-on. In 2011, Ross Ulbricht established the Silk Road, an online market on the dark web that allowed for the buying and selling of god-given substances using Bitcoin. In a dark era of the tyrannical War on Drugs, the Silk Road shined as a beacon for those who wished to break free from the government-imposed shackles on their consciousness. Because of the Silk Road, there were fewer government-imposed barriers to accessing these substances, less violence from drug deals, and the money used was not USD, (the very money used to fund the Drug War in the first place).  In other words, the Silk Road was a holy creation using holy money to fight against the satanic forces of human control and slavery in the world.  Ulbricht was sentenced to a double life in prison plus a 40-year sentence for fighting on the good side of this Holy War. Fitting for someone who committed treason against the Empire’s greatest sins. The Empire wanted to set an example to ensure that no one rebelled against it in this particular way. However, Bitcoin and the internet are uncensorable technologies that operate without the permission of the Empire. The dark web still brings plants to humanity in a more open, peaceful, and permissionless manner than the street drug market. It also still utilizes Bitcoin and incorporates privacy cryptocurrencies like Monero. So, this 4/20, as you engage in your holy sacraments, do not forget the role that Bitcoin has played in this unholy war instituted by the American Empire. If we use cryptocurrency to end the U.S. government’s stranglehold on our money, the Empire does not stand a chance against our power.”

State v. Joseph Hart – Court Orders

Fri, 2024-05-17 07:56 +0000

Judge Ryan Guptill has issued an ORDER on the pending motions Joa and I have entered in his case.

To summarize:

  • We won the MOTION TO DISMISS #1 on grounds Judge Guptill sua sponte generated when he reviewed the complaints.  The State has issued an AMENDED COMPLAINT for Disorderly Conduct to satisfy Judge Guptill’s ruling.
  • We lost the MOTION TO DISMISS #2 due to my raising an affirmative defense in a Motion To Dismiss (hey, I’m not a lawyer…  I learn new things every day).
  • We lost the MOTION TO COMPEL RELEASE OF CRIMINAL RECORDS as the Judge seem to prefer that we go to the State Police to acquire the records.

Trial is Tuesday at 1:00PM at the Hillsborough District Court in Hillsborough, NH.

 

State v. Joseph Hart – Trial Next Week!

Mon, 2024-05-13 21:15 +0000

Today is the final filling of the defense in Joa’s case.  We’re filing a Motion To Suppress the body language exhibited by two witnesses outside the Hillsborough District Court as introducing that evidence would violate the hearsay rule.

Without the ability to cross examine these people as (we don’t know who they are) it is our position that the evidence of them turning to look at Joa when he was being arrested would be more prejudicial than probative.

The trial is next week on Tuesday at 1:00PM at the Hillsborough District Court in Hillsborough, NH (05/21/24).  Please consider coming out to show support to a nice guy and fellow activist.

As an officer of the Court I would politely request that anyone who wishes to attend please comply with the Court rules on filming.  The rules are very simple…  No filming in common areas and fill out an Advance Notice Form before beginning filming in the courtroom.  As we’ve learned from this case and investigation the required way to fill out the form is with your accurate identifying information.  We don’t want another person getting in trouble for what we now know is expected on the form.  ????

Hope to see you there!

 

 

State v. Joseph Hart – Defense Filed Document

Fri, 2024-05-10 07:40 +0000

Today Joa is filing his MOTION TO DISMISS #2 based on the theory of “Entrapment by Estoppel” and New Hampshire RSA 626:3 II.  These arguments are now in writing to preserve them for appeal to the New Hampshire Supreme Court should a trial be held and things not go our way.

Interestingly, Attorney George Wattendorf (who like I have said multiple times, has been very cool to work with) who represents the Hillsborough Police Department, has taken the position that Joa’s criminal trespassing is completely separate from his denial of the right to film.  We are of the opposite opinion.  This will be a judgement call for Judge Susan Ashley when we go to trial.

What do you think?

I would like to extend a huge thanks to New Hampshire Judicial Branch General Counsel Erin Creegan who awesomely took the time to hunt down the authorization forms we were looking for.  My experience in dealing with court staff and Judicial Branch officials has been nothing but stellar.  These people truly have wanted to help at every turn.

State v. Joseph Hart – Defense Filed Documents and Evidence Gathered

Tue, 2024-05-07 13:43 +0000

Joa and I have filed a Motion For Continuance due to not being finished collecting evidence for his defense.

Interestingly, these are a sample of the “Advance Notice Forms” that were approved by the Goffstown District Court where Joa signed things other than his name.  He was approved each time to film anonymously…  but the Hillsborough District Court ordered him to leave and had him arrested for filming doing the same thing.

Our defense lies in a theory called “Entrapment By Estoppel” and RSA 626:3 II.

The New Hampshire Courts should not have a disparity in how they authorize people to film court proceedings.  In having one, it creates situations like this.

The original trial date of 5/21/24 at 1:00PM will hopefully be rescheduled to July sometime.

Shire Free Church’s Items Returned By FBI

Sun, 2024-05-05 19:40 +0000

We have some good news for once from the FBI and the United States Attorney’s Office! After a long legal battle and multiple federal lawsuits, the FBI agreed to return our church property that was illegally seized on March 20, 2016. For those of you not familiar with the backstory, FBI Agents arrived at 73 Leverett Street on that day at 0600 hours and executed search warrant 16-MJ-36-01-06 against the Shire Free Church Monadnock. This raid occurred only two weeks after Minister Mark Edgington on Free Talk Live condemned the FBI for their strategy of running a website that resulted in the distribution of hundreds of thousands of pieces of child pornography to thousands of IP addresses while only making ten arrests. The sealed search warrant was presented in redacted form to the members of the church present for the raid, i.e. Minister Ian Freeman, Parishioner TJ The Spy, and Parishioner James “Robinhood” Cleveland. The warrant alleged that on or about February 20, 2015, someone using the IP address at 73 Leverett Street had accessed the website that was part of the FBI’s vast child pornography distribution network, in violation of 18 USC 2252.

The returned electronic items. Christmas came early!

TJ The Spy confronted the FBI Agents while naked to avoid being shot and immediately informed Scott Bailey, the lead investigating FBI Agent, that all three members of the church were invoking their right to remain silent and asking for legal counsel to be present. See the FBI raid and how to invoke your rights while naked here.  When you invoke your right to an attorney, law enforcement is prohibited from trying to question you until your attorney is present. Despite asking for counsel, one FBI Agent attempted to question the church members by calling them “pedophiles” and asking “You know what they like to do to kiddie-diddlers in prison, don’t you?” TJ responded that all three church members enjoyed the presumption of innocence under law and that a federal judge might think his question was a veiled threat designed to pressure, intimidate, or coerce a subject into waiving their constitutionally protected rights to counsel and silence. In other words, the Agent’s question would taint the voluntariness of any admission and rule the confession inadmissible. TJ then called the Agent an “unprofessional fucking asshole” for attempting to break the law with regards to the Miranda decision. The FBI proceeded to seize all the church members’ computers, cell phones, digital storage media, and cameras.

Fast forward to 2019. After multiple requests to the FBI for the property’s return were ignored, TJ The Spy filed a federal lawsuit pro se (without a lawyer) against the FBI alleging that the search warrant was technically defective under the Federal Rules of Criminal Procedure Rule 41(b).  Since the First Circuit Court of Appeals had already ruled the warrant invalid in another similar case, TJ asked the court for a judicial writ compelling the FBI to return his stolen computers. Faced with the prospect of having to defend an invalid search warrant in open court, the FBI agreed to return the computers belonging to TJ and Robinhood in exchange for dropping the lawsuit. The four computer items were returned unsearched and sealed in their original evidence bags.

A problem occurred when Ian Freeman attempted to get the rest of the church’s property back. Since the remainder of the seized items were owned wholly by the Shire Free Church Monadnock, only a licensed attorney could represent the church before the court. Bonnie Freeman retained Attorney Jared Bedrick from the Champions Law firm in Portsmouth who filed a lawsuit on behalf of the church.  Since the first search warrant was ruled invalid, the FBI applied for and was granted a second search warrant to purge the church’s property of any digital contraband. After much waiting, the FBI finally returned all but two of the seized items to the church. The FBI considers this case closed and no criminal charges will be pursued. Yet the possible goal the FBI might have had in this case, of tainting the reputation of Free Talk Live, the Shire Free Church and certain members, was likely accomplished in many people’s minds. So it is important to remember the fact that the allegations were never proven and no evidence was ever produced.

Free Talk Live sponsor Roger Ver arrested in Spain on U.S. tax evasion charges!

Sun, 2024-05-05 18:32 +0000

https://forum.shiresociety.com/t/free-talk-live-sponsor-roger-ver-arrested-in-spain-on-u-s-tax-evasion-charges/13808

Elliot “Alu” Axelman, Good Man Wrongfully Accused

Fri, 2024-05-03 03:18 +0000

On May 1st, Tony Schinella published an article on Patch.com reporting an accusation made by Francesca Potenza of Rochester against Elliot “Alu” Axelman. Schinella did not attempt to obtain a comment from Axelman or his attorney, which is standard practice in journalism. The article only told one side of the story and suffered from a number of inaccuracies. This will correct the record. 

The accusation was made by Francesca Potenza, a very troubled teenage girl in August 2023. She allegedly told her parents that she suddenly remembered that Axelman assaulted her in June 2022, 14 months earlier. According to her claims, the assault occurred on Saturday evening June 25 on the main field at Porcfest. Those who attend the annual event know that the field is always very populated, especially on Saturday evening; the culmination of the week-long festival. There were hundreds of people on the small field at the time the fictional incident occurred. Every year at Porcfest everyone in attendance goes to that field to take a group picture. Potenza, who was 14 years old in June 2022 according to court records, claims that Axelman physically restrained her and tried to kiss her as she struggled. She also claims that he touched her in inappropriate ways during the assault before she broke free and ran away. No one has publicly claimed to witness this happening although the field was crawling with people as you can see in the photo of the group picture taken during this time at Porcfest every year. She reported the fabricated assault 14 months later, in August of 2023. 

An Example of the Porcfest group picture. This one is 2017.

 

The allegation is preposterous on its face for numerous reasons:

 

  1. In August 2023, the Potenza’s first told Axelman of the accusation via a classic extortion scheme, which is a felony. Peter Potenza, the father of Francesca, asked Axelman to meet him for coffee. Another individual joined Peter and ambushed Axelman with the allegation. They told the 30 year old paramedic that they would call the police and have him arrested on the spot at the coffee shop unless he agreed to sign a document agreeing to pay the Potenza’s $20,000. Feeling that his life and freedom were threatened, and knowing that no document signed under coercion/extortion would be legally binding, Axelman signed and left the coffee shop as soon as he could. He then called several lawyers and friends in law enforcement to ask how he should proceed.
  2. There is zero chance that an assault could have occurred on the field on Saturday evening without others seeing and hearing it. As there were surely dozens of armed libertarians at that spot at the time, any man who sexually assaulted a girl would likely have been shot by at least some of the libertarians. Yet, nobody on Earth saw or heard any such incident on the field that night.
  3. Francesca was drinking alcohol and ingesting cannabis and possibly other drugs on June 25, 2022, according to sources, who says they are prepared to testify to this under oath. 
  4. Francesca suffers from anxiety, depression, anorexia, bulimia, and has suicidal ideation and has made plans to kill herself, according to sources willing to testify under oath. 
  5. After the fictional incident in June 2022, Francesca voluntarily accompanied her mother to at least three public events which she knew or reasonably should have known that Axelman would attend (due to being liberty events in his neighborhood). Upon arriving at each event, Kelley Potenza (Francesca’s mother and a State Representative) and Francesca approached Axelman, said hello, and they each gave him a hug, according to witnesses. There is substantial evidence that Francesca had no fear or negative feelings toward Axelman throughout 2022 and 2023 until this idea popped into her head.
  6. Francesca was desperate for attention and likely used this accusation as a means to attain it. According to sources close to him, she told Axelman at the 2022 event that she felt terribly deprived of attention from her parents because they always worked and never had time for her. 
  7. After saying this in June 2022, Francesca’s sister’s anorexia and bulimia reportedly worsened. She was hospitalized in critical condition and was fed via tubes and IVs for an extended period of time at specialized pediatric hospitals. This further diverted attention away from Francesca and toward her sister in a massive way. The little bit of time that her parents did have for her were now spent speaking with doctors, insurances, therapists, and driving hours away to hospitals to bring and visit her elder daughter. It’s understandable that this caused terrible stress for all members of the family. Francesca likely received the biggest reduction in attention and likely received the least sympathy from relatives and friends, despite her watching her sister (practically her twin) suffering and possibly dying. 
  8. No report was made by Potenza or any other person to Porcfest management, the police, the PorcRangers (event security) or Free Aid (event medical) at any time during or after the festival.
  9. The Potenza parents spent the next few days harassing Axelman by phone and demanding that he comply with the “contract” that he signed. After realizing that Axelman had no intention of doing so, they called the police to file a restraining order against Axelman and began working to convince a prosecutor to bring charges against Axelman. 
  10.  Francesca’s affidavits contradict each other and contain falsehoods, which is perjury. 
  11.  The Potenzas then committed defamation by spreading falsehoods to others in the community in an attempt to destroy Axelman’s excellent reputation. 
  12.  Axelman has never been accused of assault, violence, or any impropriety in his life. 
  13.  As a critical care and flight-certified paramedic in numerous states and an instructor and FTO in medicine, Axelman has passed numerous federal and state background checks. As a paramedic, he is authorized to carry and administer controlled substances such as fentanyl and lorazepam to critical patients and places advanced airways, IVs, and conducts numerous other advanced procedures. His 12-year record in EMS is impeccable. 
  14.  Alu has never been violent or harmed another person in his life. He teaches men, women, and children self-defense (including a free self-defense clinic at Porcfest) so that everyone could be prepared to defend themselves from any kind of attack. He is a very strong advocate for people to fight back and never let themselves be victimized. 
  15.  An accomplished practitioner and instructor of BJJ/grappling, there is roughly a 0% chance that a person like Francesca could have escaped the grasp of Axelman if he were restraining her, which is what Francesca claims she did. 
  16.  Francesca alleged in her affidavits that Axelman was very drunk and smelled of alcohol at the time of the assault. This is extremely unlikely. No witnesses saw him touch alcohol that night and he is not known to be a drinker. He also drove home from Lancaster that evening, which is a two hour drive in dark mountains. He then reported to duty at 8 am for his 24-hour shift on the ambulance without incident. 
  17.  The article mentions that Axelman’s lawyer withdrew from his case. This is not entirely accurate, as Axelman fired him and found a better lawyer, who now represents him.
  18.  The article mentions that bail conditions were amended by the judge. This is true; the judge loosened the bail conditions substantially at a recent hearing, including restoring Axelman’s right to own and carry firearms. 
  19.  The seven charges are all misdemeanors and all stem from the one fictional incident, which would only be one crime (and not 7) if they were factual. 
  20.  According to a source willing to testify under oath, Francesca is seemingly extremely troubled psychologically and in her short life of 14 years, she made at least one similar accusation of sexual assault by an older male, which was also apparently unsubstantiated.  
  21. The article says that Axelman was released on $5,000 bail, which is not exactly accurate. After turning himself into the police, he was released on his personal recognizance without having to pay bail. 
  22. While around 99% of the New Hampshire community recognizes that the allegation is ridiculous, a few of Potenza’s closest friends have supported them and conspired to defame Axelman. One example is Leah Cushman, who is also a State Rep. She spread falsehoods about Axelman assaulting young girls and began spreading the fabricated rumor that Axelman was a drunk who beat his wife violently, according to sources. On one occasion, Cushman sent Mrs. Axelman a barrage of texts and called her numerous times, to the point of harassment. She demanded that Kate Axelman call her to prove she was safe. After Kate responded that she was totally safe, Cushman frantically contacted Kate’s friends that she found on Instagram and other platforms to tell them to check on Kate to make sure she’s safe. Cushman shared the Patch article in the group chats for people to see. Cushman acted as if Mrs. Axelman was in imminent danger and contacted her and her friends in harassing fashion, purportedly to make sure that she was safe. 
  23. Others have engaged in even more flagrant false defamation, and those lawsuits will likely begin after this case concludes. 

 

Kelley Potenza, State Rep and mother of the accuser

Interestingly, Free State Project board members have seemingly presumed Axelman to be guilty. Carla Gericke, de facto chairman of the board, implied on Twitter that Axelman is guilty long before a trial. She also banned him from FSP events, of which he was a major part (deputy director of EMS at Porcfest). Incoming executive director of the FSP, Eric Brakey has not responded to Axelman’s numerous requests over the past few months for clarification of the ban and the due process procedures used by the FSP. The board has not published minutes to their board meetings.

As Free Staters, I believe it is important to not act like the state. Always remember to presume someone is innocent until proof is shown that they are guilty. An accusation is not the same thing as proof. People who do not understand those basic things about freedom and ask real libertarians to come live in community with them, will fail.

 

 

Announcing “Bitcoin Pizza Day” @ Little Zoe’s Pizza 2024

Tue, 2024-04-30 01:08 +0000

Crypto users gathered at Little Zoe’s Pizza in Keene for Bitcoin Pizza Day 2019.

It’s been a crazy year with the largest gang in town cracking down on cryptocurrency! From the Crypto6 trial in our very own Keene NH to the arrests of developers writing privacy friendly tools like Tornado Cash. While cryptocurrency accepting businesses and end-users have nothing to worry about the US federal government is doing everything in its power and more to take out cryptocurrency businesses and the technology that underpins it. As was demonstrated in the Crypto6 trial (new NBC DocU series video just released) the truth and evidence are irrelevant. Tell a good story and that’s all the government needs for a conviction. That same playbook is now being used to attack (arrest) the developers of the self-custody Samourai Wallet. The way this wallet works is no different than any other fully self-custody wallet. It doesn’t connect to any centralized service. It’s built off standard crypto protocols and yet the federal government is fraudulently claiming it’s a ‘money laundering service’. No such service exists and as the sources are available (the government appears to have missed them) you can still download, build, and use the software despite that the government has censored the developers via stealing their website, domain, and so forth. If that is allowed to stand there will be no completely legal self-custody wallet developers left unmolested by the US government within the US or any foreign territory the tentacles arms reach.

Now they’re even trying to extend know your customer legislation to all your favorite cloud services (I’m no fan of the ‘cloud’, but government shouldn’t be undermining the privacy of everyone on bogus security grounds). No, I’m not just talking cryptocurrency cloud services either. Depending on how broadly the legislation is interpreted (and it is broadly worded) it may even mean you have to provide papers like in Soviet Russia for every online service you use. Get ready to hand over your papers to access YouTube. This would mean you have to give companies your ID/passport/social security number/and the like in order to do just about anything online. If it involves processing, disk space, or network resources which basically means anything and everything internet you’re going to need to ID (assuming the site or the user is in the US). This is the most draconian rule I’ve ever seen proposed anywhere in the world (and normally it’s places like communist China that have this even if not this draconian).

That said come join us for Bitcoin Pizza Day 2024 @ Little Zoe’s Pizza in Keene, NH. The event is scheduled for May 22nd at 5PM. The address is: 149 Emerald St, Keene, NH 03431.

 

 

State v. Joseph Hart – Court Order

Sat, 2024-04-27 18:11 +0000

Judge Susan Ashley has issued an ORDER that my appearance on behalf of Joa is allowed.

I have been filed documents with the Court that I imagine the Judge hasn’t reviewed yet, pending this order.  I have been doing so because time is limited as the trial scheduled for May 21st.

State v. Joseph Hart – Defense Filed Document

Fri, 2024-04-26 07:16 +0000

We’ve gone silent for the last few weeks while we’ve worked on collecting audio/video authorization forms from four different District Courts in New Hampshire.  Four courts have allowed Joa to film anonymously while the Hillsborough District Court had him arrested for doing it.  These documents and requests are still pending.

Joa has filed a Motion To Compel the Release of Criminal Records to have the Court order the State to release his criminal records for trial preparation as the prosecutor was reluctant to do so.  This is a normal procedure as there are very strict rules governing the release of these records.

I’d like to mention that the prosecutor has been nothing but a gentleman and actually helpful to me personally in explaining some lawyerly procedures to me that I wasn’t too familiar with.  I believe he represents the community of Hillsborough very professionally.  I unfortunately don’t have years of law school and mock trial preparation like he and other lawyers do, so I am most grateful to him.

The trial date is presently scheduled for May 21st at 1:00PM.

Writing To Caged Activist Ian Freeman At The Devens Spiritual Retreat

Sun, 2024-04-21 04:56 +0000

Around ~250 supporters turned out for Ian’s sentencing hearing between day 1 & 2 with some overlap

Ian Freeman, Minister of the Shire Free Church, Free Talk Live Co-host, libertarian activist, and major activist for peace and spreading cryptocurrency was arrested in 2021 during the Crypto6 incident where various libertarian and cryptocurrency activists were wrongly arrested and fraudulently defamed by the federal government. His arrest eventually led to a trial after refusing to accept a plea deal for crimes not  actually committed. Since then the district court has slandered his name and repeated lies. That is to say just about every other word if not more from federal authorities and prosecutors mouths has been a lie. Evidence presented didn’t align with the story told and for the most part if properly understood proved Ian’s innocence. The court seemed to agree to one degree or another with convictions on only ~8 of ~27 counts, one charge dropped entirely for lack of evidence, and a sentence that is less than half the minimum allowed. That is despite the crimes Ian was convicted of he’s been sentenced to a ‘mere’ ~8 years. Of course this is ~8 years too many given the fraudulent claims of the federal government, but none-the-less. Ian will likely serve 4 1/2 years with various good time credits.

While the trial is over the appeals are not and in the mean time the authorities have decided to move Ian from a jail in New Hampshire to a prison in Massachusetts. That is he is no longer at the Merrimack County Spiritual Retreat. He is now at the Devens Spiritual Retreat. Ian is in the low security part of the prison, so he’s got a room and cell mate. This is one up from the camp where Aria is housed. He can’t just walk away as might be possible if he was in the camp (not that he would).

So here is what we’re going to do. We’re going to write Ian Freeman at every opportunity. Send him print outs of things you find interesting that he can read. Send him letters about what is happening around New Hampshire. Let him know what the media is saying about him. Let him know what we’re doing and how we are doing. Have you been pushing for New Hampshire independence? Has there been progress in that arena? Let Ian know! It’s not likely he’ll be able to read about this stuff in the mainstream media.

To write to Ian Freeman address your envelope as follows:

Ian Freeman
Register # 34755509 Unit JA
Federal medical center, Devens
PO Box 879
Ayer, MA
01432

I don’t know if color is allowed, but at the prior jail writing in crayon could lead to rejected mail. I would suggest sticking to printed pages or pages written in ink. Mark each page like so: title (letter 1), your name (John Smith), and page # out of x pages (page 1 of 3). This way Ian can tell whether or not he got all his mail and if the pages get out of order he can reassemble them. You should avoid staples and inclusion of other materials as this might lead to the mail being rejected.

As always, assume that everything is going to be read by the prison authorities, not all your mail may get received, and any response may not get returned to you.

And one last thing… Ian is not actually the only caged activist in prison right now over the sale of Bitcoin. We shouldn’t forget that Aria is also serving an 18 month sentence for selling Bitcoin as well. She is another of the Crypto6. You can find out how to write to her at https://www.ariadimezzo.com/ (Aria has been released to a halfway house as of May 9th, 2024).

State v. Joseph Hart – Court Order and Response

Sat, 2024-04-06 17:58 +0000

This blog is made pursuant to NH Rules of Professional Conduct 3.6 (c) (2).

I am grateful to Judge Susan W. Ashley for her correct interpretation of District Court Rule 1.3D…  the rule that allows non-lawyer representatives to appear and litigate for another in a criminal case.  Find her ORDER here.

It’s worth noting that Judge Ashley is the Deputy Administrative Judge for the Circuit Court.  You cannot achieve that position without knowing the rules front to back.

Find my required response to her ORDER here.

State v. Joseph Hart – Criminal Defense Strategy

Mon, 2024-04-01 06:27 +0000

This blog is made pursuant to NH Rules of Professional Conduct 3.6 (c) (2).

Due to having filled out the court recording notice form multiple times prior in the same fashion as he did the day of his arrest, Joa informs the Court that his defense to the charge of Criminal Trespass is “Effect of Ignorance or Mistake” due to prior grants of permission to film after filling out the form “anonymous” by similarly situated court facilities.

The statue that specifies that defense is here.

Find the notice sent to the Court here.

State v. Joseph Hart – Defense Filed Document

Tue, 2024-03-26 08:39 +0000

This blog is made pursuant to NH Rules of Professional Conduct 3.6 (c) (2).

Joa moves to dismiss his Disorderly Conduct charge due to the fact that there are no witnesses to his alleged conduct other than law enforcement officers.  Find that here.

State v. Joseph Hart – Update

Wed, 2024-03-06 23:02 +0000

The Attorney representing the Hillsborough, NH Police Department, Attorney George Wattendorf, has officially objected to my representing Joa.  He strikes me as a nice fellow.

Here is his objection.

Here is my response.

*UPDATE 03/19/24*

The State’s complaint for criminal trespass is here.

The State’s complaint for disorderly conduct is here.

State v. Joseph Hart – The Case Begins Tomorrow

Sun, 2024-03-03 12:57 +0000

This blog is made pursuant to NH Rules of Professional Conduct 3.6 (c) (2).  The case is also publicized pursuant to Part I, Article 10 of the New Hampshire Constitution as an attempt to “reform” the government by informing the public of the facts of the case.

Recently an activist named Joseph Hart, who goes by the name Joa, was arrested for filming in the Hillsborough, NH Circuit Court-District Division.  Joa is a past host of Free Talk Live and a freelance journalist who has a popular YouTube channel called Breaking The Flaw where he posted a video about his arrest.

I will be defending him as his non-lawyer representative.

Here are the first filings in the case, apologies that my scanner is not working 100%.  I’m working on getting that fixed.

  • NH Circuit Court-District Division Rule 1.3(D) Statement
  • Appearance
  • Power-of-Attorney

As always, I welcome your feedback…  good and bad.  You’ll notice I didn’t redact my phone number or address on these forms.  This is because I believe in standing publicly behind what I do.  Though I am not a lawyer, the People of New Hampshire paid to train me in the ways of the law and system and for that I believe I owe them a modicum of transparency, accessibility, and loyalty.

When I ran for High Sheriff a decade ago I did so under the premise that I’d be extremely available to my constituents if I were to win.  Along those same lines I make myself available to any member of the public who has questions or commentary about what legal activism I’m working on.

Feel free to text me, e-mail me, or write me a snail mail letter about the case.  If you work in the legal profession and have suggestions, those would be warmly welcomed!  When I defended Jason Talley I had anonymous lawyers contacting me offering advice and ideas I never thought of.  To them I am still grateful.

Truthfully I don’t talk on the phone very often (I work a lot), so if you call I probably wont answer.  No disrespect intended.  If you’d like to talk text me first and we can set up a time to discuss the case.

Stay tuned as this case progresses.  I will provide you with all documents involved for your personal judgement and critique.  All hearings will be videotaped and made available to you here as well.

FreeKeene.com is not just about the City of Keene (I have nothing to do with Keene, NH), it is New Hampshire’s Liberty Activism Destination!

Expect many updates.

Attacking RSA 311:7

Sun, 2024-02-18 14:25 +0000

The long-held monopoly on the practice of law by licensed attorneys has indeed served to protect individuals requiring legal services from malpractice, but it has also served to protect the State from true challenges to its authority and practices.  Sometimes the system and its players are what should be lawfully challenged in court… but those beholden through tens of thousands of dollars in education investments to the good graces of judges may find themselves in a position where they cannot properly defend their clients.  This is why in New Hampshire I believe RSA 311:7, the prohibitor on allowing lay individuals to represent individuals, should be eliminated and the NH Bar Association’s monopoly on the practice of law dismantled.

As many of you may already know, I am not a lawyer.  I am a former law enforcement officer who has spent many hours studying law and listening to judicial oral arguments in efforts to better understand the American legal system and its function.  In 2011/2012 I was authorized to represent a journalist named Jason Talley in front of the Cheshire County Superior Court for charges stemming from his mere possession (not use) of a camera in a common area of a court.  Jason and I “won” the case together by attacking the system and individual judges for misconduct.  A licensed lawyer who regularly practices law in front of these judges most likely would be apprehensive to do the same out of fear of retribution from the very people who can control their law licenses or liberty interests of future clients.

As it stands now, a person of “good moral character” can practice law in New Hampshire so long as they don’t do it “commonly.”  What does “commonly” mean?  It seems to mean whatever the judge of the day thinks it means.

I believe this prohibition needs to be struck down…  and I believe this prohibition is in direct conflict with the New Hampshire Constitution, specifically Part I, Article 10.  That’s right…  it is my position that the NH Bar Association and NH Attorney General cannot monopolize and prohibit individuals from practicing law if they are intent on “reforming” the government through the codified Right of Revolution.

It is undeniable: The State of New Hampshire was founded by rebels.  Rabble rousers who were rousing rabbles.  They clearly had concern that future government might twist into the type of institution that they had fled from: a government that offers special protection to some, but not all, citizens.

In State v. Jason Talley, Jason and I roused a few rabbles of our own by arguing that certain judges within the New Hampshire Judicial Branch were a class of men that were being afforded special levels of protection from accountability.  If unsubstantiated these arguments could have landed Jason and I in jail through contempt proceedings. We weren’t tossed into a jail cell though… because these arguments and allegations were factual.

I made these arguments on Jason’s behalf and ultimately secured the case being dismissed.  As I mentioned above, a licensed attorney may have been reluctant to make such an argument out of fear of reprisal…  and Jason may have been unjustly been found guilty and had his liberty stripped from him.

The Right of Revolution, Part I, Article 10 of the New Hampshire Constitution, authorizes the reformation of government if certain conditions are met.  How better to peacefully reform the government than to practice law and challenge the system when it is acting contrary to the public interest?  If that constitutional amendment doesn’t allow the respectful and proper formulation of legal arguments for a consenting litigant then what possibly could it ever stand for?  Is it just words on paper that government authorities would rather just ignore than honor?

Well, I intend to find out.

To New Hampshire Attorney General John M. Formella: I do apologize to you as an individual human being (you’re probably a really decent guy) as for the headache I am going to bring you.  This was before your time and was absolutely not your fault.  But…  you’re the man in charge now.

Just look around on X or Facebook on any given day…  New Hampshire is going through a revolution.  I say we keep the revolution peaceful, lawful, and on paper in intellectual arguments filed in the court system…  and at the ballot box.

I encourage everyone to watch the following video to refresh your recollection of what happened nearly thirteen years ago.  A man named Ademo Freeman has his rights violated and as a result of that Jason Talley had his rights violated.  This was unacceptable then and remains unacceptable now.  The State of New Hampshire Judicial Branch has to swallow the reality they have created for themselves: they are above the law.

Violence isn’t the answer to injustice in the world.

Reasoned, respectful, and civil debate in the court system is.

Stay tuned for updates as the case is filed and progresses!

Please be kind to each other in the comment section.  You don’t have to be kind to me though, you can let me have it with both barrels if you feel so inclined.  The ironic part is, though you may attack me, I’m standing up for you and your right to challenge the system if accused of something unjust.

Aria Listed As Anti-Democracy Extremist

Wed, 2024-02-14 19:15 +0000

Recently here in the federal prison that I currently call “home,” there was a fight between two miserable, awful human beings known around the unit as the Nazi and the Swindler. Even more recently, Granite State Watch released a list of anti-democracy extremists; I am on that list, and it brought much joy to this, the eighth month of my eighteen month prison sentence, to know that I struck such a profound fear in them that even the rattling of my chains echoes in their minds. Of course, Granite State Watch is correct in their assessment; I am an anti-democracy extremist. When all the cards are laid on the table, it’s shown that they, too, are anti-democracy extremists. Most people are.

I don’t simply mean the Socialist and Communist leftists clamoring for a dictatorship of the proletariat, although, as they’re commonly used, “dictatorship’ and “democracy” would be mutually exclusive. I also don’t mean the anti-democracy representatives who voted against CACR32, thereby prohibiting New Hampshire voters from voting on a ballot question, although those state reps who voted against it, in literal terms, voted against democracy. Instead, I mean only to point out that anyone of reason who has been educated past the third grade is likely to be staunchly anti-democracy, because democracy is stupid.

No person of sense would poll the ignorant masses for a medical diagnosis, or help with any problem of significance. The average person is simply not educated or equipped to answer most specialized questions, but, because of the Dunning-Kruger Effect and sheer incompetent arrogance, they not only will give a terrible and incorrect answer, but will then vigorously defend that wrong answer when assailed by facts and logic. We saw this during the Covid-19 pandemic, when suddenly everyone was an expert virologist, biologist, and epidemiologist overnight, all without any education or training whatsoever. And nearly everyone among this hitherto unknown mass of doctors with their wildly differing “expert” opinions was willing to fight and defend whatever their dumbass opinion happened to be. The side calling me an anti-democracy extremist was, in fact, the side that coined the term “Covidiot” to describe such people.

It shouldn’t need to be pointed out, but the ones the left calls “Covidiots” vote, and one vote cast by an idiot cancels out entirely a vote cast by an intelligent person. Imagine some respectable citizen taking several hours from their busy life to contemplate and research the issues, reach an informed decision, learn about the candidates, and then proudly cast their vote in an election, only for it to be nullified by a slack-jawed yokel whose entire political ideology is “I ain’t wearin’ no face diaper!” So, yes, I must confess a substantial degree of disdain and contempt for any political system that, as a matter of foundational policy, weighs these two people and their opinions, and finds them to be equally worthy of consideration and application.

Further, it does not matter where one falls on the political compass; the most common perspective is that the opinion holder is correct and, as deviation from that opinion increases, so does the stupidity required to disagree with the first person’s obviously correct position. Someone who disagrees only slightly is “only a little stupid,” while someone who diametrically opposed is a mouth-breathing troglodyte unworthy of being considered human.

What does any of this have to do with the Nazi and the Swindler? It dawned on me, the day that I learned about Granite State Watch and their list, that the Nazi and the Swindler are the perfect symbol of presidential elections, especially in recent years. Here are the two absolutely worst human beings we can find. One is a large, old, overweight, vile, racist, homophobic bully who more or less prides himself on those characteristics, and he is fighting a smaller, older dementia patient who may or may not understand where he is and who may or may not be pooping his pants. As South Park said, it’s always a big, giant douche and a turd sandwich. It’s always a Nazi versus a Swindler.

All this said, the United States isn’t a democracy. It is a constitutional republic that uses the democratic means (e.g., voting) to ostensibly achieve its ends. Without the ability to Google things, I believe it was Winston Churchill who said something like, “Democracy is the worst form of government, except for the others that have been tried.” Just as the constitutional republic was meant to be a “government that governs least,” because it was recognized that all government is evil and horrible (Yes, even the American government), democracy was never thought to be good, but was instead only the least terrible option available at the time. We shouldn’t be so enamored with our own supposed greatness that we lose perspective on how awful the system is.

Even with the much-touted “checks and balances” of the system, there has been created an invincible and virtually omnipotent administrative state, a government by unelected and unaccountable bureaucrats, and the supposedly powerful people, such as Senators and Presidents, are at best powerless figureheads who cannot effect change any more than a brave fool could use a paper fan to drive away a hurricane. Yet even the uselessness of the offices does not open them to the public at large; candidates are carefully screened and selected, only after after a lifetime of service and fervent loyalty to the system and the duopoly controlling it. Knowledge of this apparatus is so widespread that the most common response, when I secured the Republican nomination for sheriff of Cheshire County in New Hampshire in 2020, was, “How did this happen? Why didn’t the power structures that control candidate selection keep Aria out?”

When the average person praises democracy, they are expressing love and admiration for this nightmarish administrative leviathan that allows them to cast their vote, as equals to idiots, in a contest between a Nazi and a Swindler, when the outcome has no measurable impact anyway. To suggest that we only need “more informed” voters, better candidates, more transparency, or whatever other platitude one wants to toss out, is to suggest that we need only a better fan to divert the hurricane.

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