NH-CLOG Senior Partner and Counsel
After requesting two continuances, the State has finally submitted their brief in this case.
If the Right to Travel is an issue that you care about, and you’d like to submit an amicus brief, let us know. You can reach Ivy at ivy -@- nhclog·org, or the entire NH-CLOG staff at staff -@- nhclog·org.
The arraignment for Bill Walker’s perjury case was held on 2009-10-08 at 09:00 at Belknap Superior Court. After the usual interminable wait in a court lobby, Bill met with a public defender, filed a not guilty plea (waiving arraignment in front of an actual judge), and was released on $5,000 personal-recognizance bail.
Being a Superior Court case, there are several upcoming court dates scheduled: A dispositional conference is scheduled on 2009-12-04 at 08:30, a final pre-trial conference on 2010-01-20 at 13:30, and jury selection for 2010-02-01 at 09:00. No actual trial date is scheduled yet. All of these court dates are in Belknap Superior Court.
The New Hampshire Supreme Court has agreed to hear Ivy Walker’s appeal of several Manchester District Court cases that resulted from her and Bill Walker’s motor vehicle stop on 2008-10-10.
On 2009-09-28, she filed a 25-page brief (PDF) attacking the State’s case on numerous legal and constitutional grounds, most importantly, a person’s right to travel. She’s currently working with a few other Right to Travel advocates in New Hampshire, who are planning to submit amicus briefs supporting her arguments in this case.
If the Right to Travel is an issue that you care about, and you’d like to submit an amicus brief, let us know. You can reach Ivy at ivy -@- nhclog·org, or the entire NH-CLOG staff at staff -@- nhclog·org.
On 2009-09-24, Bill Walker received a notice in the mail from the State of New Hampshire informing him that he had been indicted for perjury (RSA 641:1) for allegedly making a materially false statement on the appearance form to appear as legal counsel in her previous trial.
According to the State, Bill allegedly failed to disclose that he had been convicted of a misdemeanor-level disorderly conduct charge (RSA 644:2) stemming from a traffic stop on 2008-1010 in Manchester. This case had ended with a plea agreement, negotiated by Attorney Evan Nappen, where Bill had in actuality agreed to a violation-level disorderly conduct charge in return for the State dropping two firearms-related charges.
The arraignment is scheduled for 2009-10-08 at 09:00 at Belknap Superior Court.
On 2009-09-14, part two of Ivy’s alleged fake inspection sticker trial was held. The trial lasted less than five minutes: Ivy began making numerous motions, which Judge MacLeod interrupted, explaining he was well familiar with the case, and that the chain of custody of the physical evidence had been tainted—so the case was dismissed. The judge didn’t seem too pleased about the fact that Huckins was standing in for Cunningham as the police prosecutor today, either—the excuse for her absence being that she was at a friend’s wedding(!).
More updates to follow.
On 2009-08-25, Ivy was extradited to Rhode Island to stand trial for the charges for which she was arrested in June.
The Rhode Island arraignment happened on 2009-08-26 at 08:00 in Providence Superior Court. Bill Walker, Cassidy Nicosia, and myself made the trip down to attend the arraignment. With the help of a prominent R.I. lawyer who happens to be friends with a behind-the-scenes NH-CLOG contributor, Ivy was released on personal-recognizance bail. Once again, Ivy is free.
We all made it back to New Hampshire by 18:30.
More details will be posted tomorrow.
On 2009-08-20, Ivy Walker walked into the New Hampton Police Department of her own accord, and was notified that the Governor’s Warrant for her extradition to Rhode Island had been signed, whereupon she was arrested.
The arraignment took place on 2009-08-21 at 08:30 in Laconia District Court. Per RSA 612:10, the judge gave Rhode Island until Wednesday, 2009-08-26 to transport her back to Rhode Island, or the case would be brought up for review in Superior Court.
On 2009-08-25 at 13:00, Ivy was extradited to Rhode Island.
Ivy Walker had a pre-trial conference on 2009-08-20 at 10:00 at Hillsborough Superior Court, for a charge of violating of RSA 261:178, “Suspension of Registration of Vehicle,” after a motor vehicle stop on 2008-10-10. This case was previously tried in Manchester District Court, where she was found guilty and requested a de novo trial at Superior Court.
Nothing particularly interesting happened today; being a pre-trial conference, it was merely to get all the players on the same page with respect to witnesses, trial length, and so on. I didn’t attempt to video, and merely went along to observe and report.
The trial date is yet to be determined.
The trial on Ivy’s most recent motor vehicle charges and the extradition hearing were held on 2009-07-06 at 13:00 in Laconia District Court. Ivy filed a motion to dismiss the charges at the last minute, so the State requested, and was granted, a continuance, after presenting their case today. The Governor’s Warrant for extradition was still not signed, so the extradition hearing was also continued for sixty days. The State attempted to have her bail revoked, which was denied.
Ivy was released, and remained free until 2009-08-20 when the Governor’s Warrant was finally signed and she was arrested by the New Hampton Police Department.
The trial for the motor vehicle charges took place on 2009-09-14 at 13:00, and the charges were dismissed due to tainted evidence. However, they’ve filed similar charges against her LLC, having realized she neither owns nor registered the truck, a probable cause hearing for which was originally scheduled for 2009-08-05 at 13:00 but which was subsequently continued.
The hearing for Bill & Ivy Walker’s custody dispute with Ivy’s parents over Peter was held on 2009-06-15 at 15:00 in Plymouth Family Division court. After over an hour of closed-door testimony, while half a dozen supporters waited outside, Ivy’s parents was ordered to return Peter the next day.
The judge said in part, “In New Hampshire, parents have a right to raise their children any way they see fit,” and, “Money doesn’t make you a good parent. Sometimes rich folks are good parents, sometimes poor folk folks are good parents. In fact, usually poor folks make better parents.”
Sometime around 02:30 on 2009-06-16, Ivy’s mother brought Peter home to New Hampshire.