11 July 2011 Re: RSA 91-A Requests on Mike Gannon videos 2006/2011.

Dear Brian, I have reviewed your RSA 91-A response denying production of the illegallyseized and wrongfully withheld video from the abusive 2006 actions of Nashua Police. Before you continue with my response I suggest you take time to review the 4 August, 2010 Time Editorial by Adam Cohen:

CASE STUDY Should Videotaping the Police Really Be a Crime?

http://www.time.com/time/nation/article/0,8599,2008566,00.html LE is often beating up on bikers and as a life-long biker Im not having it.

In Anthony Grabers case the Court opined:

"Those of us who are public officials and are entrusted with the power of the state are ultimately accountable to the public. When we exercise that power in public fora, we should not expect our actions to be shielded from public observation. 'Sed quis custodiet ipsos cutodes' ("Who watches the watchmen?)." Read the Decision for yourself because Im going to cite to it when I sue: http://www.aclu-md.org/aPress/Press2010/Court_Opinion_092710.pdf

It is the KingCast position that the same rationale applies in New Hampshire. I find your arguments less than compelling for the following reasons:

2006 1. Lodge v. Knowlton, 118 NH 574 (1978) does not apply in this case. As I already made clear there is no case law that supports the notion that the police have any reasonable expectation of privacy when standing just off the sidewalk on someones front porch, particularly with respect to the audiovisual materials that were recorded after Mr. Gannon specifically and verbally told the officers he was recording them. You wrote: ..as their release would constitute an unwarranted invasion of privacy of not only Mr. Gannon, who you represent has consented to their release, but the officers recorded on the video, who have not provided you such consent. First of all you already acknowledged that Mr. Gannon consented, so that point is moot. The Consent of Mr. Gannon, along with the same Consent and Waiver by his wife and their son is all that is required. 2. The Publication of Juvenile records is controlled by RSA 169-B:37, which provides that the records may be released is the conduct was constitute a felony if it were the act of an adult. I dealt with this when some idiot named Denise in New Jersey wrote Kelly Ayotte and complained about the fact that I published Greg Floyds extensive rap sheet, including the sale and distribution of PCP-laced marijuana. Notwithstanding all of that, Mr. Gannons audiovisual tapes are not considered a juvenile record, ab initio. 3. Lastly there has been no finding of fact or law that Mr. Gannon violated RSA 570 A:2 and in point of fact that case was basically dismissed, or nol-prossed. And as I have already noted, the Statute was not violated because the police had no reasonable expectation of privacy for the reasons previously noted. Therefore I am reviewing more law in anticipation of an RSA 91-A lawsuit with respect to this matter. Moreover, as a side note, if and when Mr. Gannon sues Nashua PD for an ongoing course of conduct those tapes will be available to him at such time.

2011 You write: Moreover, there is a pending investigation and prosecution as to which the referenced video is evidence, and which could be compromised by the release of this evidence to you at this time. There is no opportunity to compromise anything because the tape will be viewed at the Nashua Police Department under Police care and custody. Moreover -- and you may consider this a new request that can be addressed coterminously with the one issued 5 July, 2001 Under RSA 91-A Your clients are to provide a copy of the footage captured by the cameras located on the Adjunct Police Station on Canal street, 200 from the area of the 1 July 2011 unlawful and Unconstitutional assault on Mr. Gannon. The conduct of Nashua LE is not much better than what we see in the Raymond Herrise shooting, but at least they have an excuse because they did not provoke the initial altercation. http://blogs.miaminewtimes.com/riptide/2011/06/new_video_of_raymond_he rrise_s.php http://www.youtube.com/watch?v=RXpMzT5yGp8 And they definitely provoked the altercation in this instance, as the witnesses noted in this mornings KingCast video that is being forwarded to the FBI because of Nashua PDs ongoing obsession with abusing people who catch them on video:

FBI Nashua NH Police Abuse Mike Gannon 2006 2011 witness statements
http://christopher-king.blogspot.com/2011/07/kingcast-tells-nashua-pdattorney-brian.html http://www.youtube.com/watch?v=7Uq60c-FskU I look forward to your response and yes I will let you know when I have the lawsuit drafted so that you can have time to establish whether that is your clients Final Answer.
Christopher King, J.D. http://KingCast.net -- Reel News for Real People http://MortgageMovies.blogspot.com -- Documenting Deceit 617.543.8085/m 617-507-8031/f