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.
Trial in mid to late October. I will not know the exact date until the Parties are notified this week.
The trial for road rage punk Cody Eller was supposed to start this week but now I hear that Jury selection has not taken place, contrary to what was represented in the link below in my last update. Also you should know that U.S.A.F. Veteran Mike Gannon is making a good recovery after a cancer scare and a can of Nashua PD pepper spray illegally and Unconstitutionally delivered down his esophagus last year, he may not be able to make it to the Cody Eller Trial but I will be there for him.... whenever it is. You see, based on my conversations with the Hillsborough South Clerk of Courts the trial is not going to come off and Jury selection has not yet occurred, contrary to what was initially reported to Yours Truly. Apparently there were some motions filed, I don't know about that but I do know this:
First, I will ride up this week to review the file and see what has happened.
Second, even if they schedule this trial deep into winter months I'll be there, and whether I get there via car, bike, pogo-stick or hobby horse I will not be alone.