Cop Block Activist Jailed 60 Days in NH for Court Outburst

February 1, 2011 @ 7:09PM

Cop Block Activist Jailed 60 Days in NH for Court Outburst

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Adam Mueller of Cop Block and Liberty On Tour has been incarcerated for the past week for voicing his outrage at a judge during a video arraignment of his buddy, Pete Eyre.

Eyre was being arraigned because he had been wearing a hat inside the Keene, New Hampshire courtroom. A bailiff had ordered him to remove the hat, which he refused.

Within seconds, a cop pounced on him, twisting his arms behind his back. Before he knew it, he was being led out of the courtroom by two cops and the bailiff.

All this before the judge even set foot into the courtroom.

Eyre was charged with disorderly conduct (aka contempt of cop) and resisting arrest, which a videotape of the incident shows he did not do. He was released after three-and-a-half days in jail.

But now Mueller is serving a 60 day sentence for contempt of court for a 40-second outburst in which he said, “you can kiss my fucking ass, you piece of shit.”

Eyre says the sentence is way too harsh for the action.

“This is a case of a judge who thinks he has his little fiefdom and believes he can do whatever he wants,” Eyre said in a telephone interview with Photography is Not a Crime Tuesday.

The truth is, this is the latest clash between District Court Judge Edward Burke and a growing number of activists who have been moving to Keene over the last few years under the Free State Project.

In 2009, Free State Project member Sam Dodson was jailed after he refused to stop videotaping outside Burke’s courtroom before an arraignment of another FSP member.

Dodson remained in jail for several weeks because he refused to identify himself, which he said was his Constitutional right. Several other FSP members have been jailed under similar circumstances, essentially victimless “crimes” where they were standing up for what they believe were their Constitutional rights.

Fortunately, they have been allowed to videotape inside the courtroom under a 2003 New Hampshire supreme court ruling, even though Burke issued a nonsensical order saying they were not allowed to videotape in the lobby outside the courtroom.

Under state law, they must fill out a form before a trial stating they want to videotape the proceedings and generally only one camera is allowed in the courtroom.

When Eyre was arrested for refusing to remove his hat, Mueller pulled out a camera and began videotaping, continuing to do so until he was ordered to stop, which he did.

Technically, they could have arrested him for that because he had not gone through the formal procedures, but they did not, according to Ian Freeman, who is usually the one to fill out the form to videotape hearings.

“The situation is all arbitrary,” Freeman said in a telephone interview Tuesday. “It all depends on the mood of the bailiffs.”

Considering they were all manhandling the non-resistant Eyre as if he were an escaped Charles Manson, they probably didn’t want to bother dealing with Mueller at the time.

The aggressiveness against Eyre for refusing to remove a hat doesn’t make sense considering last year Burke allowed another FSP member to remain in the courtroom who had also refused to remove his hat, as you can see in this video.

Remember, Burke had not even stepped into the courtroom when the cops pounced on Eyre.

The incident occurred Jan. 25 when the temperature in Keene had fallen below zero degrees. Eyre was wearing a hoodie over his hat to keep his head warm.

When he entered the security area of the courthouse on the second floor, the head bailiff told him to remove his hoodie. Then he told him to remove his hat as the bailiff performed his body scan, but allowed him to place it back on his head afterwards.

“He didn’t have a problem with it,” Eyre said.

Mueller’s incident occurred the following day during Eyre’s video arraignment, which has since been postponed because Eyre refused to answer the judge’s questions.

Mueller also later apologized to the judge for his outburst, as you can see in this video, but that did nothing to sway Burke into lightening his sentence.

Mueller has been incarcerated in the Chesire County Department of Corrections, which is run by Richard Van Wickler, a member of Law Enforcement Officers Against Prohibition, meaning he fully supports the legalization of marijuana.

According to Eyre, Wickler has voiced support for Mueller and said he can be released on good behavior after serving 40 days of the 60-day sentence.

But that is still a huge chunk of time, a full-day of life for each second he spent berating the judge.

“At the end of the day, they are the real criminals,” Eyre said. “Ademo and I were peaceful and they were the ones who assaulted us. They were the ones who kidnapped us.”

Mueller and Eyre were down in Miami last October during their Liberty On Tour project. Mueller and I had a minor confrontation with a Metrorail security guard.

If you would like to help Mueller in anyway during his incarceration, click on this Cop Block link and read section three.

Comments

Ken Bankers

1 year ago

Oh comon even in Nebraska the most they can give for an outburst like that is a week. the Judge desided to be a real ass because they dont like someone elses opinion.

Michael Kerney

1 year ago

Because we all know justice can't be served if someone is wearing a hat.

Judge Edward Burke and his thugs can kiss my ass, as well.

Saint Ola

1 year ago

Why don't we replace all the judges by super computers? Lawyers will be just some persons who can do data entry. Next, we get rid off cops!

hal

1 year ago

micheal kerney:
we all know what it is, the BUTTHEAD judges think they own the little world that we call a courtroom, but they dont. if we could ever get them lo learn that, we all would be better off. I had a judge yell at me in HIS court room, and it was a traffic ticket.....what a joke this has become, and they are nothing but JUDGE CLOWNS performing for us!
and that second part of what u said i agree with 100%, and they may also kiss my ass!

JLTurner

1 year ago

Judge Burke needs to have a complaint filed aginst him with the state judicial board, alledging the following that, " Under the color of law Mueller's 5th,6th,8th,13th and 14th amendment right were violated, standing on the ruling of Miranda Vs Arizona, Which states : " Where rights secured by the Constitution are involved, there can be no rule making or legislation which would abrogate them."

marksand

1 year ago

Judges have a lot of leeway on how they conduct their court. As long as the sentence handed down is permissible under the law(s) that were broken, I see nothing wrong with what the judge did. Not liking what he did doesn't equal the judges action being illegal. The judge is allowed to be as big of a jerk as he wants.

Also, you mention that the incident was recorded but not following the proper procedures put in place by the court, and that the camera man wasn't charged when they saw him filming. He can still be charged at a later time if they get annoyed by seeing the clip on youtube. His youtube video can even be used against him as evidence. I am not on the judge's side. I just think you have be smart about how you navigate the laws. If you filmed yourself breaking the law, I wouldn't publicize it. So far, I've seen nothing that looks illegal on the part of the court.

Lastly, just because you claim "constitutional rights" doesn't mean you are not still breaking the law. If the law really is unconstitutional, enjoy fighting it all the way to the Supreme Court. That is the only way you'll win. Arguing with the arresting officer or the booking officer won't help.

Johnny Law

1 year ago

Oh enough with the whining. These two ninnies wanted to show their asses in court and now they are paying for it. Easy way to not get a contempt of court charge is to take your freaking hat off when told to and don't cuss the judge.

Judges have to maintain order in the courtroom so it doesn't turn into a circus. I hope these clowns learned their lessons.

hhamlet

1 year ago

I hope for unicorn rides and candied rainbows.

Ariel

1 year ago

As much existential pain this may cause both of us, I have to agree with you on this. If a judge says no hats in his courtroom, no hats. And cursing, or cussing at, a judge is just plain asshat behavior.

My only quibble is that 60 days is excessive.

RANDRAND

1 year ago

WE ALL HOPE JOHNNY LAW ENDS UP ONE DAY AS A "BUTT-SOCK" FOR SOME "BRUCEY" WHEN A JUDGE SENTENCES HIM FOR ARROGANT SELF-RIGHTEOUSNESS IN THE FIRST DEGREE! BOY WOULD I LIVE TO DUMP A COLD GLASS OF WATER ON HIS OVER-INFLATED EGO......

hal

1 year ago

randrand:
i would love that also, i would be second in line, right after you. and it would be a bucket, not only a glass! hehe, i would even pay a dollar for the chance to do that!
and it would be ICE cold water, no warm water dunk for him!

Guy Fawkes

1 year ago

Only one hat allowed in that court, asshat Judge Edward Burke.

matthew_lane

1 year ago

I think you all got the wrong end of the stick. From what i saw in the video. He was found in contempt of court & refused to identify himself.

We'll stat with the contempt of court: Under American jurisprudence, acts of contempt are divided into two types (i've only included the one that is needed).

1.Direct contempt is that which occurs in the presence of the presiding judge (in facie curiae) and may be dealt with summarily: the judge notifies the offending party that he or she has acted in a manner which disrupts the tribunal and prejudices the administration of justice. After giving the person the opportunity to respond, the judge may impose the sanction immediately.

Secondly refusing to provide your ID after being arrested i believe is also an offense.

Seems pretty straight forward to me.

Michael Kerney

1 year ago

Well, let's *start* with the original "problem."

"Eyre was being arraigned because he had been wearing a hat inside the Keene, New Hampshire courtroom. A bailiff had ordered him to remove the hat, which he refused."

So how does wearing a hat disrupt the tribunal and prejudice the administration of justice?

matthew_lane

1 year ago

Its always been against the courts rules. An if you watch the complete video (rather then the edited video you've got posted), he argues with the court officials.

At which point he was "disrupt the tribunal and prejudice the administration of justice."

In other words, when the judge or bailiff says jump, your own reply is to ask how high & for how long.

Michael Kerney

1 year ago

Except when it wasn't against the rules and it was permitted before.

Just because an illegal order is given and not complied with doesn't mean that person has disrupted anything.

By your logic, the judge could order everyone in the court to do 10 jumping jacks or find them in contempt. Arbitrary restrictions/demands on people's first amendment rights can't be allowed to fly.

"In other words, when the judge or bailiff says jump, your own reply is..."

The only correct reply to a request like that is "Fuck You."

matthew_lane

1 year ago

Actually its always been against the rules. Its not only against the rules in US court, its also against the rules in UK court & Australian Court. Exceptions are made for religious headwear, but even that is being made illegal too.

An yes, the judge could order everyone to do jumping jacks if he wanted to. He wouldn't because its against his oath as a judge, but yes he could do it & if you didn't do it, he could find you in contempt.

However the people who got arrested are all members of a group called FSP or Free State Project & this is exactly the same nonsense they tried in 2009 to raise funds for there cause (literally exactly the same thing, with exactly the same people). Thats also the reason why the judge & court officers refused to stand for it. These guys try this same nonsense every couple of months.

-M

Michael Kerney

1 year ago

"The aggressiveness against Eyre for refusing to remove a hat doesn’t make sense considering last year Burke allowed another FSP member to remain in the courtroom who had also refused to remove his hat, as you can see in this video."

As I said, against the rules except when it isn't.

Edit: also, you failed to answer -

So how does wearing a hat disrupt the tribunal and prejudice the administration of justice?

But look, if you want to classify having a spine as nonsense, go right ahead.

Ariel

1 year ago

matthew_lane,

I have to agree with you. The one time I was selected as a prospective juror the judge had certain rules of decorum, including hats, that had to be adhered to while in his courtroom. They have wide descretion as to what is allowable. That a particular judge may change what that means from year to year is within that descretion.

Perfection and absolute consistency is the province of adolescent wetdreams and small minds (with apologies to Emerson). There is nothing illegal here.

My only quibble is that I think 60 days is way excessive.

RANDRAND

1 year ago

YEH-RULES---BUT WE REVOLUTIONARIES JUST HAVE THAT LITTLE DELIGHTFUL URGE TO RAISE THE MIDDLE FINGER AND SAY HEARTILY,"SCREW YOU ALL - IN THE FIRST DEGREE!"

fluid ambient

1 year ago

Unless they are willing to go as far as tar and feathering this judge to run him out of town, it's not a good idea to do things which the judge can later come after you for.

hal

1 year ago

TAR and FEATHER, do they still do that, and is it even legal. not saying it would be a bad idea, but i dont understand how it would stop the judge from "later come after" them.
havent heard that term in it seems years, your not only showing ya age, i am also in understanding that term without using GOOGLE....hmmmm... :D
I would pay money to see a movie, lets say, where they tar and feather, hmmmm, just for now, lets say a judge, local/FED, it really dont matter to me. and he/she was running down the street in that condition, now that would be funny. I dont think anyone has the guts to do it today with all thats going on and all, if anything happened, they would blame the movie. I can see it now, "movie gives ideas to sickos, the movie should never have been made"!

Guy Fawkes

1 year ago

I think that was mostly done in the 1700's. Considering it was the pre soap days, it must have been REALLY hard to get off once applied. Somewhat harsh, but I'd take that in a heartbeat over being ass-raped by inmates in genpop, which is what happens in our "kinder" society.

RANDRAND

1 year ago

OF COURSE---JOHNNY LAW IS SHOOTING HIS USUAL OFF-THE-CUFF ONE LINERS-SHOOTING FROM HIS USUAL INTELLECTUAL BLANK GUN. WE'VE COME TO EXPECT these JUNKYARD DOG COMMENTS ON A VARIETY OF SUBJECTS-IN WHICH HE HAS NO STAKE-AND WE ARE ROCK-SOLID SURE HE IS A PUNDIT OF EVERYTHING FROM SOUP TO NUTS----THE LATTER, HE MAY WELL BE, AN AUTHORITY ON THE SUBJECT!

RANDRAND

1 year ago

FOLKS-I MAY HAVE REGRETS ABOUT BEING BANNED FROM A-Z IN MIAMI-IT COSTS MONEY--BUT I WAS NEVER SO LIBERATED AS WHEN I FOUND MY TONGUE WAS STILL SHARPLY HONED, AND WELL CONNECTED TO MY BRAIN---WHICH TELLS ME MOST ARROGANT BASTARDS NEED A VERBAL SMACK RIGHT UP THE SIDE'S OF THEIR HEADS-NO APOLOGIES---AND I (FOR ONE), HAVE NO INTENTION OF BEING SOCIALLY CORRECT OR PROPER! TO MANY PEOPLE FEEL COMPELLED TO BE SILENCED BECAUSE THEIR JOBS ARE HELD AS A THREATENING POKER CHIP BY THE POWERS THAT BE. YOU KNOW THE DIAMETER OF A POKER CHIP, AND THE ORIFICE IT CAN BE SHOVED INTO---SOCIETY NEEDS THEIR POKER CHIPS INSERTED SNUGLY!HELL, LOOK AT EGYPT---HOSNI MUBARAK HAD BEST LUBE HIS DARK-SIDE PORT-BECAUSE THE MASSES ARE GONNA SHOVE THAT BIG PYRAMID UP HIS PHARAOH-ASS AN INCH AT A SHOVE. HAVEN'T WE DEALT WITH T-H-A-T OLD STORY IN HISTORY-SOME FOLKS SAYING "LET MY PEOPLE GO"-HMMM-DO THEY EVER LEARN, THESE ARROGANT DEMO-GODS???!! WHY SHUT YOUR PIE WHEN YOU KNOW SOMETHING STINKS IN DENMARK????--IT WAS AN AIR-CLEANING ERA BACK WHEN THE HIPPIES AND YIPPIES SASSED THEIR ELDERS BACK IN THE 60'S! WE GOT THE HELL OUT OF AN UNJUST AND BUTCHERING WAR WE HAD N-O BUSINESS FIGHTING. YES-THE LIFE OF A GADFLY IS A LIFE OF ACTIVISM---NO WIMPY JOHNNY LAW'S ALLOWED!

RANDRAND

1 year ago

news flash!-HOSNI MUBARAK GOING TO DISNEY WORLD-WILL SETTLE IN MIAMI AND BE GUARDED FOR LIFE BY G4 SECURITY SOLUTIONS AND NAVARRO SECURITY (HAHAHAHA,LOL!) AT HIS NEW PALACE ON KEY BISCAYNE.I GUESS THE MILITARY IN EGYPT MADE "THE PHARAOH" AN OFFER HE COULDN'T REFUSE"1 THE BIBLE STORY REPEATS ITSELF---AND THE END-GAME OF ANY REVOLUTION IS TO FREE THE EXPRESSION OF THE PEOPLE. AMERICA CAN LEARN A LESSON FROM THIS EVENT-SURELY!WHEN THE MASSES ARE OPPRESSED AND ECONOMICALLY STRANGLED-THE GOVERNMENT THAT FAILED IS HELD ACCOUNTABLE...WE SHALL SEE...

RANDRAND

1 year ago

RANDRAND

1 year ago

THEY-"PUT A SMILE BACK ON THE NILE------YOU GO EGYPT-ROCK ON!