Monday, August 6, 2012

Adam "Ademo" Freeman: Felony Wiretapping Charges for Recording Phone Calls

Jury selection began today in the trial of liberty activist Adam Mueller, who goes by the stage name Ademo Freeman. Mueller is facing three felony wiretapping charges for recording bureaucrats without their consent. Mueller committed his alleged crimes in New Hampshire, which is Two Party-Consent state; meaning, that in order for a conversation to be recorded legally, both parties must consent.

Mueller's ordeal began in October 2011 when a student at West High School in Manchester, New Hampshire recorded video of a police officer slamming a high school student's head onto a table (see the original video here). The student recording the video was familiar with Mueller's website, Copblock.org, and gave the video to Mueller, who posted it on his website.

When the officer involved in the incident was back on the job the next day, with no suspension or any other disciplinary action, Mueller attempted to contact local bureaucrats to get their side of the story. Of the three he contacted, none wanted to talk to him. He posted the audio of his "conversations" on his website and on youtube.

For each conversation that he recorded and posted without permission, Mueller is facing a felony wiretapping conviction, each of which carries a seven-year prison sentence. This means that Mueller is facing twenty one years in prison for his journalism.

Mueller has two things going for him in his defense. The first is the Glick Decision, which is a decision by the First Circuit Court that protects video recording as free speech. The Court ruled that public officials, when performing their duties in a public place, have no expectation of privacy. Mueller contends that, since he was acting as a journalist attempting to get comment for the record, that the bureaucrats had every reason to believe they were being recorded when he phoned them. Mueller also contends that he's being targeted because, in his words, he "sought to make transparent the wrongs committed by public officials."

The other factor working in Mueller's favor is the New Hampshire law requiring judges to inform potential jurors about their right, and their duty, to render a verdict based on their conscience and not just on the law itself. This is actually one of New Hampshire's first high-profile trials in which a jury will be able to decide a case while fully aware of their right to nullify.

The sad reality is that this case is not simply about wiretapping. This case is about the freedom of the press, and the right of the citizens to hold police and bureaucrats accountable. If Mueller loses, an innocent man will be looking at spending years in a penitentiary. Worse yet, the precedent will be set that journalists can face prison if they report on things that the government would rather the public not know about. Such government abuses of the press are expected in places like North Korea, China, or Iran. Not in New Hampshire.

1 comment:

  1. Thanks for covering Ademo's situation.

    Here's the Facebook event for his trial on Mon., Aug. 13th: https://www.facebook.com/events/464812496870103/

    Here's the meta-post: http://copblock.org/freeademo

    Also, it's "Glik"

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