Bradley made a comment previously about a case involving Robert L. Lamontagne who was convicted by a jury for a crime he didn’t commit. His comment should have been a blog post, and so I’ll post it here now. The important thing to remember about this case is Robert has maintained his innocence for close to 40 years and that the evidence relied upon to convict was sourced from a corrupt law enforcement officer.
Bradley’s not a libertarian, though taking up a worthy cause, and he’s a former law enforcement officer himself. Robert is not a libertarian either, but also pursuing a worthy cause of making the public aware of the injustices in the system. He has little to gain, and will at a minimum suffer from harassment for bringing his story to light.
Bardley’s comment emphases a systematic problem with our “justice system”. It convicts folks without sufficient evidence and with “evidence” that is tainted. When a jury hasn’t been made aware of an officer’s problematic history of telling lies those involved in failing to inform the defense should be criticized, arrested, and charged.
In this case the law enforcement officers whose testimony the jury relied on to convict was on the lorry list and should never have been used at trial. This was not revealed to the defendant and laws were broken by the prosecutor and law enforcement. This is not a story about a child rapist, but a story about a man wrongfully convicted based on tainted evidence who is himself a victim of the system. The law enforcement officer whose ethics are in question made a name for himself “protecting kids”, but in reality has gained notoriety by luring men into situations under false pretenses and then making false claims about their actions, intent, and/or circumstances.
Bradly’s comments:
A priority of Rob’s and mine at this point is having him properly identified as a “victim” of a crime under New Hampshire law. The NH “Victim’s Bill of Rights Act,” located at RSA 21-M:8-k affords an individual who has been victimized certain rights under the law.
Wait, Bradley… you say Rob should be identified as a victim? Yes. Yes, I do.
At least two people knew that Keene Police Department Detective James McLaughlin had “Laurie List” material on his record… and they never told Rob’s defense attorney. That would be Cheshire County Attorney Ed O’Brien and Detective McLaughlin himself.
That is a crime under New Hampshire law.
RSA 641:3 “Official Oppression” reads as follows:
“A public servant, as defined in RSA 640:2, II, is guilty of a misdemeanor if, with a purpose to benefit himself or another or to harm another, he knowingly commits an unauthorized act which purports to be an act of his office; or knowingly refrains from performing a duty imposed on him by law or clearly inherent in the nature of his office.”
By knowingly refraining to comply with a duty imposed on them by federal law (the “Brady” Supreme Court decision) that being properly disclosing exculpatory material, Detective McLaughlin and the County Attorney committed a crime.
As the crime they committed they’ve probably (I have no evidence of this… it just seems likely) committed many times by not turning that exculpatory would warrant enhanced sentencing under RSA 651:6 (I.) (a), the Victims Bill-of-Rights applies to Rob as a victim of an enhanced sentencing misdemeanor.
One could even further argue that by “concealing” this information Detective McLaughlin and County Attorney O’Brien were committing the “B” felony of “Falsifying Physical Evidence” found at RSA 641:6.
Either way… Rob’s trial was vile because his jury never had the opportunity properly weigh the evidence proffered by the lead investigator through the lens of his misconduct.
Now listen… I wasn’t a perfect police officer. I made lots of bonehead mistakes… and I was lucky to have cool bosses who tried to teach me to do better. In retrospect I wish I heeded much of the wisdom they tried to teach me at the age of 18 being a sworn officer.
All new cops screw up and do stupid shit.
This is different… this lead investigator had been disciplined for falsifying records. That offense has some purpose to it. What else is a guy capable of if he gets caught doing that? Technically that could have probably been charged as a felony… but as he had a badge, just a write up.
Rob’s jury should have known the guy they were trusting to slap leg irons on him for nearly a decade might not be so trustworthy. It is the jury, not the judge, who properly weighs the credibility of a witness.
I will properly report back on the status of this designation when a response is given to me by the proper authorities.
This comment is made pursuant to Part I, Article 10 of the New Hampshire Constitution and will be vigorously defended as such by any Committee who may try to call me out for calling this case out the way I see it.