26 February 2013

KingCast Reply Memorandum to Unseal Eugene Stahl/Cody Eller Laurie List Information in Motorcycle Road Rage Conviction.


Excerpt:  As anticipated, the State issued a rote recitation of RSA 105:13b, which is inapplicable herein because the Laurie List is not truly part of a police officer’s personnel file. It exists separately from his or her file and it is shared with Prosecutors throughout the State. Therefore the Compelling Governmental Interest in sharing that information about a police officer who has gone that far beyond the line of acceptable conduct outweighs that officer’s purported Right to Privacy. Remember, these are people who carry guns and badges and who are entrusted by the public to behave in a manner that dignifies their profession. Having violated that public trust they simply cannot at this point reasonably expect that the Court will perpetually hide their misdeeds, because those misdeeds were substantial enough to warrant placement on the Laurie List.

We do not know the exact nature of the problems that have befallen Officer Stahl….. and that in turn is the problem. We need to know and we are fully entitled to know. As anyone following this case knows, my bias as a former Assistant State Attorney was in favor of swift, vigorous and thorough prosecution. However that prosecution and conviction cannot come at all costs in any civilized society. So it is up to this Court to determine whether New Hampshire is a civilized society in this instance.

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