Saturday, December 8, 2012
KingCast sees Pelham cop Eugene Stahl clear by Kelly Ayotte successor Mike Delaney in Grant Hebert shooting, but what about the Cody Eller and Saviano cases?
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 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.