15 January 2013
KingCast explains why the Union Leader must sue to unseal Eugene Stahl Laurie List info in Cody Eller motorcycle road rage conviction.
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 either you believe what everybody said in the initial part of this investigation including the Defendant or you believe what Mr. Eller said after he met with his investigators because they are totally different things. Mr. Eller welcomes the opportunity to come up here and to tell his story because he hasn't had the chance to tell his story before -- but that wasn't true he was interviewed by the police at the scene and he could have said anything he wanted to and what did he say I'm not gonna let him pass me. And he was asked did you drive over the line to hit him intentionally he said yes I wasn't gonna let him pass.
Then we learn he was given the he was given the opportunity to talk to officer stahl shortly after the accident And he agreed to talk to him and then he changed his mind and said no I'd rather talk to my mother first. There was the 300 feet south of Gordon Drive..... That was explained by Officer Stahl that he made a mistake that was backfilled by the computer sistem and it wasn't where he intended to put it in and he owned up to it. that's one of the deals of being a prosecutor you have to try your case with all its warts and wrinkles. You can't make stuff up and we're not trying to tell you he didn't do it wrong he did do it wrong. [The crash] was someplace north of where the defense says the case was predicated on.
The officer was kind of amazed at this statement as Atty Kaye said this is unusual for someone some up and confess to a crime off the bat did you cross that line into the car and what did ce say yes i did it intentionally i wasn't going to let him pass. still no sign of an SUV....... Would that be something that you would mention to a police officer? Of course it is. When he was given the opportunity to explain Officer Stahl said he waive his Miranda Rights but he would not talk to him because he wanted to talk to his mother, Cody Eller said Oh no I gave him a statement he just didn't write it down. I gave him a statement. There's no grey area there somebody is just not telling the truth..... so that's the way it happened... you know...."
Well in point of fact I don't know..... because to me I think there is substantial question as to whether BOTH of these men are telling the Truth. I'll leave it at that. Well no I won't. Whatever is going on needs to be opened up to the public. I will try to make the time to file a Motion because the major press has not seen fit to do so, therefore it is incumbent on me to do their jobs for them, once again.