10 July 2011

KingCast tells Nashua PD, Attorney Brian Cullen on Mike Gannon's exculpatory 1 July 2011 video evidence and KingCast RSA 91-A request for 2006 porch tapes: Time's up!

KingCast v. Nashua PD RSA 91A Warning Letter - Mike Gannon 2006 Home Videotapes of LE Misconduct
Wait until you see the witness videos, given as if on Oath. 

All right folks, as of tomorrow Nashua PD and Attorney Cullen owe me a response to my request for the 2006 porch tapes. And not only that, they owe Mike Cannon access to the original of the 1 July 2011 video he rolled that is now in the custody of Nashua PD. The rules are simple and non-negotiable:


A Defendant is entitled to any and all evidence that might be exculpatory in nature, i.e. tending to disprove the State's version of the facts. Mr. Gannon contends the video will exonerate in the 1 July beat down and macing he took from a couple of Nashua Detectives, so as soon as he files for discovery, he gets it. And when he gets it, I am going to be right there with him reviewing it. Now other than Nashua PD threatening to arrest me at the GOP events I have had only 1 bad experience and I complained on the guy, I will check his name but it might have been Sergeant Provencher, who incredulously told a black fellow "who do you think you are, Johnny Cochran!" as Nashua PD unlawfully withheld evidence. To read more about this case and other relevant background hit the jump page.....

Now I have many LE friends and generally respect the badge if not the individual as noted last night. But a responsible Judiciary is supposed to punish those who abuse the badge but it never happens in New Hampshire. But in this case, even with the NH Supreme Court doing its best to protect LE the case was remanded. State v. Gafney, Nashua District Court No. 2000-453 (April 22, 2002). Note that NH AG Michael Delaney, just like disbarred Duke Prosecutor Mike Nifong, did the same thing another black man's case -- Charles Glenn, involving instances of multiple perjury and illegally withheld evidence and Prosecutorial Misconduct covered up. Watch the Supreme Court video where Justice Daliainis even asks how many more times can this white witness lie..... and Delaney withheld not only the fact that he lied about when he obtained his gun permit but even more importantly, he withheld the fact that Joe Salvatore had illegally discharged a firearm of the same caliber that killed the decedent in that murder case. The Supreme Court and his McLane, Graf lawyers glossed right on over it, you bet. As Mike Gannon would say, "corruption at its finest." I can't wait to video THAT trial.

And of course who can forget the rampant destruction of evidence in State v. Paulhus, where Nashua's finest shot him, violated his Miranda Rights,  posed as NH AGs (without punishment by Kelly Ayotte mind you) and either they or the Stateys destroyed evidence according to forensic specialist Paul Erwin Kish. Settled for something like $80K. They also lied to me about what documents they had in their files but that's for a different day.


 Anyway, back to Gafney:
Finally, the defendant contends that the State’s failure to turn over potentially exculpatory evidence violated his right to the due process of law. Prior to trial, the defendant requested from the State all witness statements and all potentially exculpatory materials. After an in camera review of the Nashua Police Department’s Internal Affairs file, the trial court ordered production of the witness statements. At trial, the defendant learned of the existence of a memorandum, drafted by Sergeant Provencher to the department’s internal affairs division, describing the incident with the defendant. The defendant also learned that Captain Hefferan had drafted a complaint form based upon a telephone conversation with the defendant the day after his arrest. The State admits that these documents were not provided to the trial court for in camera review. The defendant argues that the State’s failure to disclose this evidence violated his due process rights by depriving him of a fair trial and therefore should result in the reversal of both convictions.
The State concedes that its failure to disclose the evidence in question was improper and argues that the appropriate remedy is to remand the matter to the trial court for further review. We agree. The substance of the undisclosed evidence remains unclear. As such, we remand this matter to the trial court for the limited purpose of an in camera review of the undisclosed documents. If the trial court discovers evidence that the defendant could have used at trial which would have affected the verdict, it should order a new trial. Seee.g.State v. Gagne, 136 N.H. 101, 106 (1992).
Remanded.
BROCK, C.J., and BRODERICK, DALIANIS and DUGGAN, JJ., concurred.
I'm taking these issues to the FBI, enough is enough. And it may not be local FBI, either. 


For more video and the first draft of my Third Amended Complaint in KingCast v. Ayotte, NH GOP and Nashua PD NH Dist. 2010-CV-501 read this entry.


Note: Interestingly enough, when I got throw whipping tail in State v. Jerry Doyle on a First Amendment Defense Minister Donell Mohammed turned to me and said "Get this here... the Johnny Cochran of Columbus!" Watch it in the vintage American Lawyer movie at KingCast.net. and watch a portion of my Opening Statement on YouTube:



Then note how the Court of Claims determined that my client Michael Isreal was a victim of violent crime at the hands of the Hamilton, OH Police, V96-61481 as we settled the Federal Civil Suit for $57,500.  It was just like what happened here, cops were being jerks, a Defendant said something nasty but far from threatening, and they got beat down. Wach the Jury Walk prep video:



And need I mention you can tell a cop pretty much anything short of a threat and they cannot beat your ass for it. Witness my old friend Regina Sansalone, State v. Sansalone 71 Ohio App.3d 284 (1991), i.e. in response to a bogus ticket "You're a real asshole."
                                          **********
Now I don't make any claims of being Johnny Cochran (RIP) myself but I will say this:


I am Christopher King and KingCast.net of New England, and that was enough for Jerry Doyle and for Michael Isreal back in the day, and today it is enough to get what I want and what Justice Demands. Stay tuned to see what kind of nonsense Nashua offers up, "Oh we can't find the camera.... the video is damaged..... the dog ate it....."




**********

Attorney Cullen's RSA 91-A response that begat my return response on top of this entry:

Chris: 

I have reviewed your July 5, 2011 request pursuant to RSA 91-A for the “unlawfully confiscated porch tapes from the Mike Gannon residence.”  Based on your other correspondence, I assume that you mean to refer to audio/video recorded by Mr. Gannon and obtained by the police in June, 2006.  Please be advised that we cannot produce these tapes to you.  The tapes do not fall within the definition of public records under the statute.  Even were they to be considered as such, they would be exempt from disclosure under Lodge v. Knowlton, 118 N.H. 574 (1978), as their release would constitute an unwarranted invasion of privacy of not only Mr. Gannon, who you represent has consented to their release, but the officers recorded on the video, who have not provided you such consent.  In addition, the material recorded concerns an investigation into juvenile criminal investigations, and hence is confidential.  Finally, RSA 570-A:2 prohibits the disclosure of recordings made in violation of the statute.

I have also reviewed your further requests pursuant to RSA 91-A made today for “the July 1, 2011 video shot by Mr. Gannon.”  This video will likewise not be disclosed to you for the reasons set forth above concerning the 2006 video, excepting the juvenile confidentiality.  Moreover, there is a pending investigation and prosecution as to which the referenced video is evidence, and which could be compromised by the release of this evidence to you at this time.  I trust that as you are not licensed in New Hampshire and I believe are suspended in Ohio, you do not actually represent Mr. Gannon in either his criminal defense or in any other capacity, and I am not prosecuting that matter.  Nevertheless, I am confident that Mr. Gannon or his counsel will seek discovery of the video in the context of the criminal case, and leave it to the prosecutor and criminal judge to determine how to address such requests in the course of that action.

Brian

Brian J.S. Cullen, Esq.
CullenCollimore pllc
10 East Pearl Street
Nashua, NH 03060

3 comments:

Christopher King said...

Christopher King to EmilyHeil, Marta.Modiglia., ryan, vbarry, sberwick, michael.delaney, mike.delaney, Ann.Rice, pmceachern,
show details 11:09 AM (1 minute ago)

Dear Attorney Cullen:

Time is up.

Have you thought further about the illegally-confiscated 2006 videos from Mr. Gannon's home? I have. As you know, in addition to the signage, and the lack of reasonable expectation of privacy, at least some of these tapes were made after Mr. Gannon provided clear warning, and there is the issue of public interest as Detective Karliss actually was punished for his actions. What were those actions?

http://www.youtube.com/watch?v=7Uq60c-FskU
FBI Nashua NH Police Abuse Mike Gannon 2006 2011 witness statements

I hereby also tender an RSA 91A request to review the 1 July 2011 video shot by Mr. Gannon; I have his express permission to review that video as a journalist, under the supervision of Nashua PD. I'll be back in touch with you after five (5) days on that one as well.

Lastly, I will be looking into a complaint to Attorney Delaney's office for falsification of public records, tampering with public records, and false sworn and unsworn statements against the Nashua PD. I'm quite sure he will find a way to cover for your clients, just as Kelly failed to punish them when they violated Michael Paulhus' Miranda rights and posed at AAGs...... simply disgusting behavior. As a former LE Attorney to a current private LE Attorney you know I cannot allow you to help your clients keep on with this sort of abuse. I don't play that game, Sir.... it is a game that weakens the level of trust and respect for LE as noted by the bruised witness in today's KingCast video to the FBI.

Thank you in advance for your time and consideration of these matters.
--
Christopher King, J.D.
http://KingCast.net -- Reel News for Real People
http://MortgageMovies.blogspot.com -- Documenting Deceit
617.543.8085/m
617-507-8031/f

Anonymous said...

It's so sad when the only halls you can go for justice is corrupt, then where can we turn,, let me tell you the chief of police in nashua nh , admitted he lied , called it a mistake, when he was just a cop, but the promoted him to chief, is that the best officer of choice to be our chief. Scott howe deputy is still under suspension but the chief wont tell the tax payers why he's under paid summer off,Scott ran the police hall on Kinsley st, where inside you see VCR ,tv, Xbox, games , couches, outside the cops are lined up and down the street approximate 8 cars a day even state police at the hangout, it was a breeding ground for bad cops, Scott was being paid under the table as the janitor, I guess his over 120k deputy job wasn't enough, and though the public seen the hangout the chief never knew they were , a case of the chief out of touch, or just being corrupt

Anonymous said...

Nashua deputy still suspended chief wont say why, deputy got paid under the table to clean the Kinsley st hangout