Jailed Activist Info

2009-01-10 marijuana protest

Incident:

Friday December 5th, 2008: Andrew Carroll interviewed by Dave Ridley regarding planned marijuana protest.

Saturday December 6th, 2008: Andrew Carroll issues the following press release.

FOR IMMEDIATE RELEASE
December 6, 2008
Contact: James Andrew Carroll
Phone: (562) 505-1289

DRUG LAW PROTEST
Young Man to Possess Marijuana as a Protest Against Current Drug Laws

KEENE, NEW HAMPSHIRE – A young, 18 year old man will purposefully possess marijuana to incite his own arrest. At 1:00 PM on January 10, at 82 Main Street in Keene, New Hampshire, J. Andrew Carroll will illegally be in possession of marijuana as a protest against the drug laws of the country.

Echoing the thoughts of other liberty-loving people, Carroll says, “The drug war is an unconstitutional and inhumane breach of individual liberties which claims many victims, and dollars, each year.” Carroll claims he wants to “demonstrate the absurdity of putting a human being in jail for a crime with no victim.” He says the point is further demonstrated by the fact that he does not, personally, smoke marijuana, and only intends to possess it.

The war on drugs has garnered much public interest, as more and more people are becoming directly affected by it each day; and Carroll says that protesting the drug war in such a manner will bring even more attention to an already press-worthy issue. He also says the protest will “change some minds, somewhere” about the American government’s War on Drugs.

As a member of the Free State Project (FSP), an organization which is attempting to get liberty-minded people to move to New Hampshire to aid in reducing the size and power of government, Carroll moved to the Granite State from California only a few months ago.

Discussion forum thread:
http://forum.freekeene.com/index.php?topic=302.0

Friday January 2nd, 2009: Free Minds TV Episode 91 has interview with Andrew Carroll about his “plans on holding some of the illegal substance as an act of civil disobedience on January 10th in Keene NH.”

Saturday January 10th, 2009: New Hampshire Capital Access Episode 51 covering marijuana policy has Andrew Carroll providing a pro re-legalization position and Officer Joe Wright against.

At approximately 1pm, with over 40 people present to witness and support the act of civil disobedience and no police officers in sight, Carroll began by quoting Friedrich Nietzsche. Several of those present were recording the event and Free Keene’s Nick “coconut” Ryder provided a live video feed over Stickam. After a brief speech Carroll brought out a plastic bag which contained a bud of marijuana and placed it in his hand to show to the crowd. After a short time with still no appearance by the authorities the bud was passed around the crowd as a further act of civil disobedience.

At approximately twenty minutes after the hour Officer Shane Maxfield and an associate approach the crowd and Andrew specifically and ask if what he holds in his hand was marijuana and replies in the affirmative. The bud is removed from his hand and he is handcuffed and arrested for “unlawful possession of marijuana.”

Andrew was first charged with a class A misdemeanor but after talking with a superior briefly the officer booking Carroll lowered it to a class B. He was given an arraignment date of March 3rd.

Monday January 12th, 2009: Police prosecutor and Sergent Eliezer Rivera presents Ian Bernard with a Motion to Show Cause. He indicated that his “recent behavior, which could be looked upon as a criminal act, to wit:”

a. 626:8 Criminal Liability for Conduct of Another. -
III. A person is an accomplice of another person in the commission of an offense If:
(a) With the purpose of promoting … the commission of the offense, he … aids … In
planning and committing it.

What it amounted to was an accusation that Ian Bernard had aided Andrew in his act of civil disobedience and therefore not “has not remained of Good Behavior” meaning that if found guilty Ian would have to serve out the remaining 90 days of his suspended sentence from the couch incident.

On or around Saturday February 21st, 2009: Due to previous restrictions on the right to video record otherwise public court proceedings Dave Ridley of the Ridley Report announces he will be performing “constructive disobedience” at the Keene District Court on March 3rd, 2009. The day of Andrew Carroll’s (and Mike Barskey’s for a separate incident) arraignment.

Tuesday March 3rd, 2009: Before the arraignments begin Dave Ridley is arrested and charged with disorderly conduct for refusing to stop video recording in the lobby of the court. Ridley is given an arraignment date of April 13th, 2009 and at that event 7 activists are arrested including Sam Dodson.

Andrew Carroll pleads not guilty and is given a trial date of May 1st, 2009.

Wednesday April 15th, 2009: MotorhomeDiaries Pete Eryes interviews Andrew Carroll regarding his marijuana civil disobedience.

Tuesday April 21st, 2009: Andrew announces on the FreeKeene.com forum that he will:

refuse to proceed with my court case (May 1, at 1:30 pm) until cameras are allowed in. Freedom of the press is too invaluable to the protection of liberty to let its blatant violation go unchallenged. I demand the officers and magistrates of the court show proper respect for the rights of individuals. Someone needs to watch the watchers.

Later it is revealed that at least two individuals had submitted motions with the court for permission to record during the May 1st trial.

Friday May 1st, 2009: Nearly 50 activists are present at Keene District Court to show support for Andrew Carroll and Mike Barskey. The charges against Mike are dropped in full. Andrew attends his trial which can be viewed in its entirely below:

Carroll is found guilty and fined $350 with a 20% fee which ironically totals $420. Even before the guilty ruling Andrew makes it clear to Judge Burke that he will not pay any fine or serve community service. Burke gives Andrew the weekend to think over his final decision regarding the punishment and indicates that if Carroll does not agree to pay the fine or perform community service that he will be jailed and given a credit of $50 per day till the $420 is paid off.

That night the ordeal was discussed on Free Talk Live.

Saturday May 2nd, 2009: The Keene Sentinel runs a front page story regarding the conviction. New Hampshire Free Press also runs a story regarding the case.

Monday May 4th, 2009: Andrew Carroll, refusing to accept Judge Edward Burke’s ruling, filed an intent to appeal. He has until June 2nd, 2009 to file a full appeal or he will be incarcerated at that time. Should he successfully file the appeal he would then receive a jury trial.

Monday May 18th, 2009: Andrew announces a decision to not appeal the conviction and instead turn himself into the Cheshire County jail on the morning of June 2nd, 2009.

Hello all,

I have decided to not appeal my case and, therefore, I am going to turn myself in to the jail on the morning of June 2nd. I’m not sure at what time (if I do decide a time then I will update this thread accordingly), but I know that I will be in jail from the 2nd until, probably, the 11th ($420 fine divided by $50 equals 9.4 days in jail; or 9 days and roughly 10 hours).

Here is my current plan – please let me know of any criticisms or ideas you have, thanks:

More »

* I will be walking to the Keene Police Station (or Westmoreland – will know later today when I read through the paperwork again) on the morning of June 2nd and turning myself in to the police to serve my sentence for the “crime” of marijuana possession. I would let them put a warrant out for my arrest and come get me, but I would rather not burden my friends with an unexpected police interaction. Thus, it is better if I just go to them.

* I will not be processing. I will show up at the jail but I won’t be allowing them to process me. If someone could, I would appreciate any details on what this “processing” process consists of so that I may be properly prepared. I do not wish to be caught off guard; nor do I wish to be abused physically in the event of my resistance. I’d like to know what the “easiest” way is to get them to give up on their “processing” and just throw me in a cell. I am not there to make the cops’ job difficult – I will let their conscious do that.

* From what I understand, as a result of my decision to not process, I will be put in to “solitary confinement” of sorts. Unfortunately, this means that I will not have the opportunity to interact with other prisoners who have been persecuted for victimless crimes, which is a goal all of us ought to have should we find ourselves in jail (and which is something Sam is apparently doing a great job at). However…

* … I also want to know what it is that Sam is going through right now, physically and psychologically. With that in mind I will be going on a hunger strike. It’s only 9 days but it is the least I can do for Sam. I doubt I’ll even make it that long without giving in and eating something, but I don’t feel like I can truly appreciate Sam’s sacrifice until I experience it myself. Since I am destined for jail eventually anyways (no court in this state is going to overturn marijuana laws at this moment of time), I might as well go now while Sam is there. Consider it a sign of moral support.

Therefore, I will serve my 9.4 days in jail and then be “free.” I don’t see any reason for them to keep me longer, even if I refuse to process. Once I’ve “paid off the fine” with the appropriate amount of days in jail than I will be released during the evening of the 11th.

Let us hope Sam is out before then.

In Liberty,
Andrew Carroll

When asked “Why no appeal?”

I feel it pointless. I let the Judge have his trial and I did not try at all to drag the case on like I could have. I knew all of what I was saying was not legally admissible and would not fly in a court of their law; but legality is not the point – as you are well aware – morality is.

So, I figure, let’s get to the crux of it; let’s get past the legal games (since they serve us no purpose in this fight at this time) and put the immorality of it all at center stage; let’s watch as they throw another innocent man in jail…

“Is there a possibility of a jury trial if you appeal? Because if so, I would definitely see that as potentially advantageous, especially because of the possibility of nullification.”

The possibility might be there, though I believe my appeal would go to the NH Supreme Court and bypass any possible jury trial.

Not that it matters, however, because the primary point of the protest was to demonstrate the immorality of throwing someone in a cell for possessing marijuana. Anything else was just a secondary point to address if convenience allowed it.

So, as I said to Sam, let’s get on with the main course.

Tuesday June 2nd, 2009:

According to Mike Barskey in a Porc 411 Andrew Carroll is now being held at the Cheshire County Jail in Westmoreland, New Hampshire as of about 5PM.

More than 15 people walked with Andrew from Keene, NH to the jail starting at about 10:30am. They arrived to the jail at approximately 3:45PM and walked around the jail to interact with the prisoners through the windows. At 4PM Andrew entered the jail and refused him at first requiring them to wait about an hour when they then took him for booking.

With a fine of $420 and $50 credit per day held, Andrew is expected to be released in 9 days which would be Thursday June 11th, 2009.

Thursday June 4th, 2009: Mike Barskey releases online comic strip, entitled The Adventures of Andrew Carroll: Drug War Protestor, chronicling the walk from Keene, NH to the jail in Westmoreland, NH.

Wednesday June 10th, 2009: Mike Barskey calls the Cheshire County DOC to find out if Andrew would be released that day. Captain Russeau confirms that he would be released at 9:00pm.

At approximately 9pm Andrew was released from the jail. Mike Barskey left a message on Porc411 announcing his release and that over 40 people were there to welcome him.

Lauren Canario called Free Talk Live while Andrew was getting out of the jail and after a moment handed the phone over to him. (Skip to about 1:18 in.)

At a celebratory gathering for Andrew’s release Mike Barskey presented him with the NH Brass Balls award.

Thursday June 11th, 2009: Andrew sat in on the first hour of Free Talk Live to recount his experience:

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2009-01-10 marijuana protest

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