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Old 11-30-2010, 01:11 PM   #1
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Default Reasonable doubt?

Hazlenut said: "We can never know for sure what Ward was actually thinking or feeling and we will never know 100% how the woman was behaving at the time."

He's right, of course. But neither could the jury know, for sure. Wouldn't that uncertainty have constituted "reasonable doubt," preventing a conviction?

Should Ward be released? - yes, we think so.

Was he an "unintended consequence" of a perhaps poorly crafted law? - yes, we think so.

Did the case get out of hand, driven by personalities? - yes, we think so.

Can we really resolve the case on this forum, knowing less than what presumably the jury knew? - probably not.
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Old 12-01-2010, 10:56 AM   #2
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Default Perfect Summation

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Originally Posted by DickR View Post
Hazlenut said: "We can never know for sure what Ward was actually thinking or feeling and we will never know 100% how the woman was behaving at the time."

He's right, of course. But neither could the jury know, for sure. Wouldn't that uncertainty have constituted "reasonable doubt," preventing a conviction?

Should Ward be released? - yes, we think so.

Was he an "unintended consequence" of a perhaps poorly crafted law? - yes, we think so.

Did the case get out of hand, driven by personalities? - yes, we think so.

Can we really resolve the case on this forum, knowing less than what presumably the jury knew? - probably not.
I don't know how to sum it up any better than this!
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Old 12-01-2010, 11:01 AM   #3
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Default Lesson Learned

I will add one further comment- never, ever make a statement to the Police without legal counsel.

NEVER!!
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Old 12-01-2010, 01:44 PM   #4
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Default Don't talk to police

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I will add one further comment- never, ever make a statement to the Police without legal counsel.

NEVER!!
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Old 12-01-2010, 02:14 PM   #5
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Go to the laconia citz. for today's letters to the editor.

Letter from Gorden Blise re. Ward Bird.

He has had dealings with Chirstin (the combat-en) Harris
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Old 12-01-2010, 02:48 PM   #6
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Go to the laconia citz. for today's letters to the editor.

Letter from Gorden Blise re. Ward Bird.

He has had dealings with Chirstin (the combat-en) Harris
Here it is for the less inclined:

Editor, The Citizen:

I have been following the recent events concerning the terrible travesty of justice concerning Moulntonborough resident Ward Bird. While I do not know Mr. Bird and have never met him, I feel I must speak out on his behalf.

From what I have read Mr. Bird has always been an outstanding citizen of our Lakes Region Community, a hard working man, who takes care of his family, pays his taxes, a man who can be trusted and always tries to do the right thing. He is now sitting in jail for exercising his constitutional right to protect his home and property against an intruder.

As it so happens I know the person who was the cause of this entire injustice. A few weeks before the incident on Mr. Bird's property I met this woman as part of a potential business deal and tried to work with her to meet the goals she was trying to attain. I can tell you for a fact that I quickly found out she was delusional, who was not thinking or acting in any way rational. She became angry and made accusations that were unfounded and absurd and I quickly broke off all dealings with her. After talking with other colleagues in my field I learned that others have had dealings with her before she came to me. They coined her with the nickname "the crazy lady". This incident I had with her occurred just a few weeks before her encounter with Mr. Bird.

As I understand things this woman has since been incarcerated for an animal cruelty conviction. I sincerely hope she is receiving the help she needs for mental health issues as I know she was clearly in need of that kind of assistance.

Also I believe none of these facts about her could be brought out at Mr. Bird's trial and she was portrayed as a poor innocent lady who was lost and had simply wandered onto his property by mistake. I do not believe that is true given what I know about this woman.

We all know that Amendment Two of the Bill of Rights in our Constitution states: "The right of the people to keep and bear arms shall not be infringed." But we also know that we are a nation of laws, and to allow everyone to brandish weapons against our fellow citizens at a whim would not be logical. So the states pass laws that regulate how citizens can use weapons under various circumstances. I understand that this is necessary otherwise chaos would reign and we would all be walking around armed all the time feeling we need this protection to defend ourselves. But clearly a man has a right to protect his home, family, and property, against an intruder whose motives are unclear. This is part of the core values of our American way of life.

I am not a lawyer, and I do not know all the specific details of the encounter Mr. Bird had with this woman, but from everything I have read, and what I know, I believe that Mr. Bird was unfairly convicted and incarcerated. After all, while a firearm was shown it was never fired and nobody was hurt in any way.

If a crime was committed, does this punishment fit? I think not.

I am calling on Governor Lynch to look into this matter immediately, and to free Mr. Bird, overturn his conviction, clear his record and bring him home to his family for the Christmas Holliday. Also to look into the laws that led to this man's unjust incarceration and rewrite them to allow the citizens to protect that which is ours, and those that we love.

I call on all the citizens of this great state to call their representatives and demand they put pressure on Governor Lynch to do the right thing. I feel so strongly about this that if he does not move to free Mr. Bird the citizens of this state ought to move for immediate impeachment. We must send a message to our elected officials that we the citizens have right to protect our families, and property and nothing less will be acceptable. LIVE FREE OR DIE.

Gordon Blais

Meredith
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Old 12-01-2010, 03:17 PM   #7
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Gordon Blais couldn't have stated it any better!! He pretty much summed it all up.

Dan
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Old 12-01-2010, 04:54 PM   #8
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Originally Posted by hazelnut View Post
As it so happens I know the person who was the cause of this entire injustice. A few weeks before the incident on Mr. Bird's property I met this woman as part of a potential business deal and tried to work with her to meet the goals she was trying to attain. I can tell you for a fact that I quickly found out she was delusional, who was not thinking or acting in any way rational. She became angry and made accusations that were unfounded and absurd and I quickly broke off all dealings with her. After talking with other colleagues in my field I learned that others have had dealings with her before she came to me. They coined her with the nickname "the crazy lady". This incident I had with her occurred just a few weeks before her encounter with Mr. Bird.

As I understand things this woman has since been incarcerated for an animal cruelty conviction. I sincerely hope she is receiving the help she needs for mental health issues as I know she was clearly in need of that kind of assistance.

Gordon Blais

Meredith
I'm sorry but I just don't get it.....Why would a realtor who is affiliated with a well respected real-estate agency such as Maxfield Real Estate, Inc. make such slanderous remarks about one of his former clients. Also why would he make statements about what his colleagues think about Harris.

I don't know anything about the Code of Ethics for realtors, but there must be something written about client confidentiality.

I think if I owned Maxfield Real Estate, Inc., Mr. Bais would have some explaining to do.
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Old 12-01-2010, 05:01 PM   #9
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I'm sorry but I just don't get it.....Why would a realtor who is affiliated with a well respected real-estate agency such as Maxfield Real Estate, Inc. make such slanderous remarks about one of his former clients. Also why would he make statements about what his colleagues think about Harris.

I don't know anything about the Code of Ethics for realtors, but there must be something written about client confidentiality.

I think if I owned Maxfield Real Estate, Inc., Mr. Bais would have some explaining to do.
Sam,

He never identifies himself as a Realtor nor which company he is affiliated with. We don't even know if it is RE deal. He actually goes out of his way to call it a business deal and not a RE deal.

Her whackiness is a matter of public record, so no slander there.
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Old 12-01-2010, 05:08 PM   #10
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Sam,

......

Her whackiness is a matter of public record, so no slander there.

My thought exactly....
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Old 12-01-2010, 06:24 PM   #11
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Sam,

He never identifies himself as a Realtor nor which company he is affiliated with. We don't even know if it is RE deal. He actually goes out of his way to call it a business deal and not a RE deal.

Her whackiness is a matter of public record, so no slander there.
He is not listed on Maxfield's site as an agent either. My place has been for sale and the contract just ended. I like honest people that stand up for what they think is right. If he was with Maxfield, I was going to give him my listing.

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Old 12-01-2010, 06:31 PM   #12
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He is not listed on Maxfield's site as an agent either. My place has been for sale and the contract just ended. I like honest people that stand up for what they think is right. If he was with Maxfield, I was going to give him my listing.

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Old 12-01-2010, 06:40 PM   #13
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Sam,

Thanks!

I'll contact him. I did not see him on their main site.

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Old 12-01-2010, 06:42 PM   #14
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Sam,

Thanks!

I'll contact him. I did not see him on their main site.

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You are welcome and good luck.
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Old 12-01-2010, 11:05 AM   #15
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I don't know how to sum it up any better than this!
Yes, some how I missed that post and I highly agree with you and DickR. Thank you for quoting him.
Several times I have told myself to just stay away from this thread, that I have said all I can and I am doing nothing more then arguing and repeating myself. Next thing I know, I am here running my mouth and posting again.
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Old 12-01-2010, 11:14 AM   #16
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Default couple thoughts

Couple of final thoughts for me...(in case you missed it, check out the link in post 156)
I'm curious, after reading about Bird's day in court, why the Harris woman's previous indiscretions with the law, and her history of mental instability, were not allowed to be entered. They are indeed so relevant. Here is a woman, who I know to very abrasive and confrontational, who has refused, in the past, to comply with an officer of the law, that had a search warrant in hand.
That smacked a tow truck driver trying to remove her two illegal cars from her trailor.
Who thought living in a trailor with 50 dogs was an "OK" thing.
Who has a history of acting, let's say..."a little off".
Bird probably realized pretty quickly her elevator didn't go all the way up, and wondered what her deal was.
Further more...and this is compete speculation...I seriously question her ability to enter into any finacial agreement to buy property.
So..adding everything together...perhaps she went there with some sort of agenda. Seems like simply math in the court of common sense.
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Old 12-01-2010, 01:21 PM   #17
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It's not allowed sa meredith.
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Old 12-02-2010, 02:27 PM   #18
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.... I'm curious, after reading about Bird's day in court, why the Harris woman's previous indiscretions with the law, and her history of mental instability, were not allowed to be entered. They are indeed so relevant. ...
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It's not allowed sa meredith.
I guess that is what I find as strange about the NH legal system. In RI certain things are allowed if they pertain to the witness state of mind, that is, the ability tell the truth, make rational decisions and present true factual testimony. Based on what I have read about her background, any 3rd rate defense attorney in RI would have ripped her apart even if 2/3 of her background was not allowed in court.
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Old 12-02-2010, 09:18 PM   #19
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Today's December 2 www.concordmonitor.com has an editorial, "Clarify the Criminal Threatening Laws," on Ward Bird's arrest for felony threatening that takes a look at the NH law and some of the legal thinking behind it........and a lot of follow up comments.......pretty interesting stuff......which will probably lead to more disagreements over his guilty verdict.
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Old 12-03-2010, 08:32 AM   #20
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The Court is a strange place. They don't allow a lot of things in testimony, even things that are totally relevant in most people's opinion. They are not allowed for various reasons, many of which I would certainly question.
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Old 12-03-2010, 09:40 AM   #21
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The Court is a strange place. They don't allow a lot of things in testimony, even things that are totally relevant in most people's opinion. They are not allowed for various reasons, many of which I would certainly question.

Let’s say that the jury heard testimony about all the bad things that Harris did in her life time. Would that have made a difference as far as the verdict is concerned?

Maybe and maybe not.

“Maybe” because no one wants the bad guy to win and the good guy to lose.

“ Maybe not” because it appears that Bird admitted to the police that he did have a gun and did something with it during the confrontation with Harris.

IMHO I think if we could read the police report it would help us understand how Bird was convicted of felony criminal threatening.

I think that if it was just a matter of he said she said, Mr. Bird would not be in jail right now.

Last edited by Yosemite Sam; 12-03-2010 at 10:11 AM.
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