Dale Everett, Richard Onley, Ian Freeman, Keith Carlsen, and Patrick Shields (from left) discussed efforts yesterday to obtain the release of fellow Free Stater Sam A. Miller from jail. They were not successful. (Cheryl Senter for The Boston Globe)

By Sarah Schweitzer
Globe Staff / May 29, 2009

KEENE, N.H. – From a jail cell in this rural corner of New Hampshire, Sam A. Miller waged a philosophical battle, one milk carton at a time.

The soft-spoken electrical engineer declined food for nearly a month, save for swigs of milk. To eat, he said, would be caving to the tyrannical government powers that placed him here for illegally filming in a courthouse and refusing to reveal his legal name to jail officials. (He says it’s private; jail officials obtained it from a fingerprint trace.)

His resistance has made him a folk hero among antigovernment types who have been making their way to New Hampshire from points across the country since their leaders put out a clarion call six years ago.

The Free Staters, as they are known, hope to lure thousands of like-minded souls to the state, with the goal of paring government to a bare minimum by eliminating things like taxes, speed limits, and zoning laws.

Thus far, just 427 Free Staters have relocated. Yet, here in Keene and in pockets across New Hampshire, Free Staters are making their case in increasingly provocative ways.

“Like Ghandi, like Martin Luther King, we need to educate and enlighten the public,” said Miller, who joined the Free State movement after breaking up with his fiancée.

The actions have ranged from the odd, such as when Free Staters filed another person’s fingernails without a manicurist’s license on a public sidewalk or held an unlicensed puppet show, to the irksome, as when they tried to dig a garden in a downtown Keene park, to the instigative, such as the day they stood on a street corner with a marijuana bud held aloft. Sometimes, they simply veer toward obstinate, wearing hats in a courtroom after being asked to take them off or refusing to remove a couch from a lawn.

When arrests have followed, Free Staters have sought to film the criminal proceedings from beginning to end, including scenes from courthouse lobbies, where filming is not allowed in some cases, such as in Keene District Court. The lobby filming has yielded more arrests (often, with Free Staters going limp as officers approach) and more footage that Free Staters post on websites such as FreeKeene.com, which has proved an effective recruiting tool.

The so-called liberty actions have been met with some bemusement by residents of this gently tolerant city, population 22,800, home to Keene State College, near the border of Vermont. But some say the tactics have taken on a menacing hue, such as when Free Staters have gathered on the streets of downtown Keene with holstered guns on their waists, visible on their waists.

“When they first came to town, there was a welcoming spirit. A lot of people were like, ‘OK,’ ” said Richard Van Wickler, a Keene resident and superintendent of the Cheshire County Department of Corrections. “But unfortunately what happens is that when [Free Staters] take the radical approach, that invites people to get angry.”
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http://forum.freekeene.com/…

Turning Myself In

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:

* I will be walking to the Keene Police Station 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.

You can learn more about the situation leading up to this at http://andrew.jailedactivist.info

Keep watch at JailedActivist.info, blogofbile.com, and the blogofbile twitter account for updates as they become available.

http://www.keenesentinel.com/…

By PHILLIP BANTZ
Sentinel Staff

WESTMORELAND — A battle of wills is playing out within the cinder block walls of the Cheshire

Sam Miller talks about his experience in the local court system during a visit at the Cheshire County jail in Westmoreland.

County jail in Westmoreland, where an activist has spent more than a month protesting a judge’s order that he identify himself to police.

John Doe walks into the jail cafeteria, a faded orange jumpsuit draped over his lanky frame and a folder of legal documents tucked under his arm. He sits at a stainless steel picnic-style table and when he smiles the tendons in his long, thin neck bulge.

Doe says he hasn’t eaten solid food since he’s been behind bars because he’s on a hunger strike. When he came to jail he weighed 180 pounds, and now he weighs 116, he says.

Court and jail officials know Doe’s real name — Sam A. Miller, a 33-year-old former telecommunications specialist from Texas who moved to Keene earlier this year to join the Free State Project. They have Miller’s Texas driver’s license.

But Keene District Court Judge Edward J. Burke has ordered Miller to remain held on $10,000 bail and will not schedule a trial until he gives the Keene police his name.
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http://www.americanchronicle.com/

–Szandor Blestman

I have recently written separate commentaries on two jailed journalists. One, Roxana Saberi, has received a great deal of attention from the mainstream media and her case has been widely reported on and disseminated across the globe. The other case is that of Sam Dodson. His case has gotten virtually no attention from the mainstream media. As he languishes in a jail cell refusing to eat his plight has only been discussed on few liberty oriented blogs. I begin to wonder why this should be and thought an examination of the differences between the two cases might shed some light on this phenomenon.reason

It was interesting to note, as I researched these cases, that the Committee to Protect Journalists (CPJ) reported that last year there were 125 journalists jailed worldwide as of their census of Dec. 1st, 2008. Yet one must wonder exactly how accurate their count is in these times when the Internet provides a means for anyone to become a journalist. The CPJ itself makes an interesting statement on its website that the United States will hold journalists in jail for a few days without charge and then release them. These journalists apparently are not counted in the census, so the true scope of the problem is clearly unknown and severely under reported. I suppose Roxana Saberi and Sam Dodson could count themselves lucky to be getting any attention considering how much attention the other 123 journalists are getting.

That said, why is it that Roxana Saberi gets so much attention while Sam Dodson´s case seems to be followed by only a few – shall we say – lesser known news outlets? Well, perhaps it´s because Ms. Saberi´s case is taking place in Iran whereas Mr. Dodson´s case is playing out in these United States of America, in New Hampshire to be exact. It is always easier to point out the imperfections in one´s neighbor than it is to see the same faults in one´s self. In the same manner, I suppose it´s always easier to see the tyranny and injustice in another´s government than it is to see the same in one´s own.

Read More…

http://www.keenesentinel.com/…

If the marijuana protest and guerilla gardening in downtown Keene failed to raise many eyebrows, the sight of a handful of handcuffed Free Staters being taken out of the city’s District Court earlier this week surely had plenty of residents scratching their heads.

The reader comments piled up under online coverage of Monday’s protest at the District Court on The Sentinel’s Web site, where some people ridiculed and criticized the Free Staters for wasting taxpayer dollars and the time of city police officers.

“Time and again, the Free Staters come off as insolent children who stomp their feet and hold their breath until their faces turn blue because they don’t like being told what to do,” commenter Arch wrote.

The Free Staters hit back, outnumbering the opposition with post after post, saying that District Court Judge Edward J. Burke had blatantly stomped on their personal freedoms when he banned the use of video cameras in the District Court lobby.

“What many commenters here are showing is how slavery is enforced. Slavery was enforced by the slaves themselves. It isn’t the government that keeps people down — it is the people,” wrote commenter Frake.

The District Court blowup unfolded during the arraignment of Manchester videographer Dave Ridley, who was arrested in March because he refused to turn off his video camera in the court lobby. Ridley and others showed up to cover the arraignment of Free Stater and marijuana activist Andrew Carroll.

Carroll was arrested in January when he stood in Keene’s Railroad Square carrying a small amount of marijuana while surrounded by Free Staters and curious onlookers.

Though state law allows media representatives to record public court proceedings in most cases, lobbies and hallways are gray areas. Police officials say there is a fear that rape victims and juveniles could be captured on film while in these areas, which are generally off-limits for videotaping and photography, according to state judicial branch spokeswoman Laura A. Kiernan.

“We’ve talked about this at length and the Free Staters know that,” Kiernan said in a previous interview. She did not return a phone message seeking additional clarification on the law.
Read More…

http://www.wethepeoplefoundation.org/…

Last Sunday we posted our Web Update titled “Next Step: Large Scale Hunger Fast.”

Last Tuesday, WTP Chairman Bob Schulz met for the third time with the staff of the National Park Service (NPS) to discuss the details of WTP’s permit for the hunger fast. The fast was originally scheduled to start on August 11, but was rescheduled to start on September 16, due to the current five week break by Congress.

Until Tuesday, the conditions of the permit included a 24 hours a day, 7 days per week hunger fast, with tents as shelters, provided there were “no sleeping bags, blankets and pillows for comfort.” Chairs would be allowed.

Last Tuesday, NPS informed Bob that no one would be allowed to sleep during the hunger fast! Anyone caught sleeping, they said, would be cited for violating the permit. The cost would be $75 for each citation plus court costs. Bob argued, without success, that our Hunger Fast was a First Amendment expression of our disgust with the Government’s failure to respond to our Petitions for Redress, and that a “no sleeping” rule would, in effect, amount to a denial of First Amendment Rights to Petition, Speech and Association.

Absent the initiation of yet another legal challenge, or hungering by People on 2-3 day shifts, the Park Service’s “no sleeping” Rule effectively cancels the large scale hunger fast.

The Park Service’s “no sleeping” rule did not effectively cancel the hunger fast. Those who where to be part of the We the People hunger fast who are deciding to go along with their rule cancels it. If you are asking the government for permission you deserve to be told no. I find it sad that some of these people will go out of their way to not pay income tax because the government won’t respond to them yet true civil disobedience scares them off. They need to realize that it’s not their government. It’s a group of thugs who need to be denied legitimacy and resisted. Canceling the fast is a sign of weakness in their resolve and just further legitimizes the government’s claimed authority over them.

Thus far, Texas Rep. Ron Paul has “responded” to the Petitions for Redress by having them “forwarded to the Clerk of the House.”

While such a move is unique among the Members of the House, and is not a bad first step in etching the concept of Government accountability into the minds of some of the Members and advancing ever so slightly the question of the constitutional meaning of the last ten words of the First Amendment, it is highly unlikely that the Petitions for Redress will advance to House Committees for consideration, much less a vote to provide Redress. With the possible exception of Ron Paul, we know of no other politician willing to consider the notion of being held accountable to the People outside the periodic electoral process.

Whether or not the Petitions for Redress served on Ron Paul advance beyond the Office of the Speaker of the House, a constituent’s Right to Redress (like that of Religion, Speech, Press and Assembly) is an individual Right that does not depend on the will of any person or majority, not in the House, not in the Senate, not on any Court bench, and not among those voting in any election.

Forwarding the Petitions for Redress to the Clerk of the House has not relieved Rep. Ron Paul of his individual obligation to respond by answering the questions embedded in each of the seven Petitions for Redress. Even if his answer is, “I lack knowledge enough to admit or deny,” he has a legal (constitutional) obligation to respond.

We pray Rep. Paul will personally respond to the Petitions for Redress.

It’s unfortunate that Paul’s staff if not also Paul himself are afraid of responding claiming that doing so would open the door for more petitions and they don’t have the staff to deal with that. Even if they don’t answer them promptly they could at least queue them up and let the petitioner know it’s queued. They get to it when they have the ability to do so. The very idea that it would lead to the Congressmen being inundated with petitions for redress of grievances should be reason enough to do so.