15 August 2012
KingCast exclusive update: Road rage punk Cody Eller set for trial at Nashua, NH Hillsborough South 28 August, 2012... errr... Mid October 2012.
The sentencing hearing is allegedly in February. The Motion for New Trial/Set Aside Verdict is still sitting in chambers with an attendant gag order. When you search Pelham Officer Eugene Stahl on this page you'll see the issue. The Union Leader is well aware of the issue and I may mention it next week when we tape Kevin Avard's show in Nashua: The Laurie List debacle is a matter of public interest, and with 60 cops on that list it is a game of Russian Roulette as to when one of them is going to potentially expose the State to some sort of liability. As I note in the video I am disgusted as a former State Attorney, as a former criminal defense attorney and as a past current and future motorcyclist. Anyway here are the State's closing argument segments that I caught on video, and you can clearly see that there is a heavy reliance on Officer Stahl's testimony and credibility. Too bad in the Saviano case a DUI charge was dismissed because of Stahl's conduct in questioning the suspect at the scene.... a similar issue to what is going on in the Cody Eller case. And from what I understand there is yet another more recent case that landed Officer Stahl on the Laurie List.
I say from what I understand because Cody Eller's Motion for a New Trial and to Set Aside the Verdict has been sealed and gag orders on the attorneys are in place. I find all of this to be completely unconstitutional and if I find the time and money I will sue over it.
The Union Leader has no excuse. They have the time and they most certainly have the money. So where is the intellectual fortitude and Fourth Estate Integrity? On to the closing argument from Kent E. Smith, who is a heavy in the DA's Office.
"It's a simple case......" click to read 15 Jan 2013 journal entry.
Update 5 Sept: Mid October Trial Date I will let you know as soon as the Court has served the Parties.
The Clerk of Courts just told me that Jury selection is still set for 20 August but there is a case in front of it so I will need to check back a few days prior to make sure it is still on before Judge Jaclyn Colburn. Note: I admired her approach as PD on the Jim Dozois case but that is a case of another colour.... Jim Dozois committed negligent homicide by reckless driving and killed his best friend. Cody Eller intentionally ran a car into a motorcycle and with a twist of bad luck could have easily killed his victim. Be that as it may, with any luck the older case will settle out and we can finally see what a Jury thinks of Cody Eller's alleged admission that he basically struck motorcyclist William Hawksley with his car on purpose, shattering his leg. Now based on her rulings in the Ricky Munster (the lad is appropriately-named) murder case we can only hope that she will deny any Motions in Limine with respect to Cody Eller's statement "I wasn't going to let him by."
Here is your back story with videos from a probable cause hearing, Laconia Bike Week 2011 and the KingCast Amicus Brief in support of First Degree Assault charges. Somewhere the audio from a Garage71 show should be archived but I need to find it. Meanwhile I am headed to visit motorcyclist Mike Gannon at the VA Hospital tomorrow... he had a bad reaction to cancer surgery and his lungs -- already compromised through exposure to chemicals in Vietnam -- were no doubt further affected by a full can of OC Spray that he sustained for no legal reason at all in the case that Nashua PD is delaying as long as possible. Watch Mr. Gannon explain that to me in this video after the Glik Memorandum was circulated to NH LE after Boston had to pay a shitpod of money for unlawful arrest of Simon Glik for running video. Nashua PD (soon to be facing my First Amendment free press lawsuit appeal for their actions during Senator Kelly Ayotte's campaign) have a habit of trying to dodge my cameras as Mr. Gannon noted in a video during the Pam Reynolds hearings. I am looking for it on YouTube and will put the link (here). She is the innocent woman who got OC Sprayed and tackled for no lawful reason with Mr. Gannon on 1 July 2011 all because a couple of jackass detectives didn't like Mr. Gannon lawfully running video on them. Ms. Reynolds has been cleared of all charges. There is a benefit run scheduled for Mr. Gannon on 15 September 2012.
"....King, a motorcycle activist, is the only guy right now in the news media who is still following the Cody Eller case..."
As I previously noted: At some point however he will have to appear in an open court of law, and my KingCast Canons will be blazing. As for today you can read the Cody Eller First Degree Assault Indictment and no, I don't hate to say "I told you so." I hope the Grand Jury foreman rides a bike. If he goes to trial I hope every Juror rides a bike or has someone in their immediate family who does. Remember, in NH this is quite possible. How many peremtory or for cause strikes can they get? Is riding a bike or knowing a biker good enough for cause? The mind boggles... but don't look for much of this information on New England Street Riders (NESR) website because they're too busy player-hatin' & perpetratin' LOL.