08 December 2012
KingCast sees Pelham cop Eugene Stahl cleared by Kelly Ayotte successor Mike Delaney in Grant Hebert shooting, but what about the Cody Eller and Saviano cases?
The sentencing hearing is allegedly in February. The Motion for New Trial/Set Aside Verdict is still sitting in chambers with an attendant gag order. When you search Pelham Officer Eugene Stahl on this page you'll see the issue. The Union Leader is well aware of the issue and I may mention it next week when we tape Kevin Avard's show in Nashua: The Laurie List debacle is a matter of public interest, and with 60 cops on that list it is a game of Russian Roulette as to when one of them is going to potentially expose the State to some sort of liability. As I note in the video I am disgusted as a former State Attorney, as a former criminal defense attorney and as a past current and future motorcyclist. Anyway here are the State's closing argument segments that I caught on video, and you can clearly see that there is a heavy reliance on Officer Stahl's testimony and credibility. Too bad in the Saviano case a DUI charge was dismissed because of Stahl's conduct in questioning the suspect at the scene.... a similar issue to what is going on in the Cody Eller case. And from what I understand there is yet another more recent case that landed Officer Stahl on the Laurie List.
I say from what I understand because Cody Eller's Motion for a New Trial and to Set Aside the Verdict has been sealed and gag orders on the attorneys are in place. I find all of this to be completely unconstitutional and if I find the time and money I will sue over it.
The Union Leader has no excuse. They have the time and they most certainly have the money. So where is the intellectual fortitude and Fourth Estate Integrity? On to the closing argument from Kent E. Smith, who is a heavy in the DA's Office.
"It's a simple case......" click to read 15 Jan 2013 journal entry.
Regarding the NH AG clearing Eugene Stahl and Windham's Shane Mirisola and Christopher Van Hirtum being exonerated by NH AG Mike Delaney (press release) in the 20-round shooting fest that occurred just prior to the Cody Eller trial: The NH AG has to my knowledge NEVER found cops in the wrong, not even in the Michael Paulhus shooting when they destroyed material evidence and violated his Miranda Rights according to a judge. And not only that, Eugene Stahl is on the Laurie list for exculpatory evidence that should have been provided to Cody Eller's defense team in the Cody Eller Motorcycle Road Rage Trial that I captured on exclusive KingCast video as Eller was convicted. Now I understand in the Grant Hebert matter Hebert did ram a police vehicle (Stahl's) with his car (the opposite of what Bruce McKay did to Liko Kenney in violation of Franconia police protocol) and for that he is lucky to be alive, actually.
Be that as it may, a Motion for New Trial is pending and the Court sealed the file the day after I noted that Stahl had a prior case in which his integrity was challenged in a DUI/DWI case that was thrown out in Court. I did a Lexis search on him, something all reporters should be doing.
I wrote: Saviano v. Dir., N.H. DMV, 151 N.H. 315 (2004) where there was a question as to how he advised a DUI suspect about his breath test but it was not a material issue.... if that is the basis for the Laurie list then there's not a whole lot there IMO" "....The plaintiff then took and failed three field sobriety tests. Officer Stahl then asked the plaintiff to take a preliminary breath test (PBT), advising him that "[it] was not his breath test, [and that] it was unofficial."
He informed him that it was just to prove or disprove [***5] what he had already witnessed while conducting the field sobriety tests. The plaintiff agreed to take the test. The PBT revealed a Blood Alcohol Content of 0.141, confirming Officer Stahl's suspicion that the plaintiff was driving while under the influence of alcohol. See RSA 265:82 (Supp. 2003)." "The plaintiff also argues that admitting the result of the PBT at the ALS hearing violated his due process rights. He asserts that the officer's advice regarding the PBT "would have led a reasonable person to believe that the result of the PBT would not be used against him," and that his advice was "lacking in fundamental fairness and offensive to the universal sense of fair play."
In retrospect I may have spoken too soon... one of the key issues in the Eller case is what did Stahl say to him and what did Eller respond. As a biker I welcomed the conviction, but as a lawyer and journo I cannot welcome any tainted conviction, and Eller's lawyers --- one of whom is also a biker and the other one used to be -- deserved the right to drill Stahl about his background on the stand. As a former AAG myself I find NH to be the dirtiest state in the Union, and Mike Delaney's predecessor Kelly Ayotte was the puppet so instrumental in making it that way as the videos note:
Watch the video at top and read the journal post. And that's all she wrote. For now, but stay tuned for the Cody Eller ruling because either way, it's a funky situation.