KingCast sees Nashua PD lawyer Brian Cullen try to toss video of his racist client Jim Hargreaves driving KingCast out of the entire Crowne Plaza Hotel.
By Christopher King
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May it please the Court:
We need not detain ourselves long with this argument. Defendant advances the primary argument that there are links to dynamic YouTube pages contained in the Emergency Notice of the missing video. Attorney Cullen notes that the commentary is subject to change and he and his co-counsel don't like the commentary, particularly the commentary issued by Arrestajudgekit's "Terry." Attorney Cullen doesn't like Plaintiff calling his clients racists, and wrote a letter to Plaintiff implying that racism was never a key issue of the case. See Exhibit 1, attached. Attorney Cullen believes that therefore the entire evidence should be thrown out even at a Motion to Dismiss stage.
Plaintiff responded by noting that racism was always integral to the case and noted that in Open Court he directly told Magistrate McCafferty two things:
1) That Defendants and Kelly Ayotte were using race as proxy for ideology in banning him from the publicly-advertised rallies held on Commercial Property subject to substantial licensing and permitting.
2) That the racial and First Amendment context of Kelly Ayotte and Plaintiff's prior "acrimonious past" informs the current case, as Plaintiff prevailed against Kelly Ayotte criminal and quasi-criminal matters related to Plaintiff's tenure as a zealous Civil Rights advocate as Legal Chair of the NAACP. During this time one of Ayotte's close associates, fired Jaffrey Police Chief Martin Dunn laughed at the prospect of Plaintiff being a "coconut head racist" who was "going to need protection from Bubba where he was going " because he was going to be anally raped.
That's funny in a Boondocks skit but it's not funny in this instance.
Be that as it may, the arguments fail because
a) Plaintiff submitted a hard copy CD. That is the Official Record and the only commentary on it is contained in the KingCast signature opening sequence in which it states "GOP lies," which is hardly something that the Court could or should strike an entire exhibit over.
b) The links don't really work in pdf format anyway.
As to Defendant's final argument that Plaintiff had not filed a Motion for Leave to file a Surreply, that is false. The Motion was indeed filed contemporaneously but there was an error in filing and Plaintiff cleared up the methodology with the ECF help desk during a series of lengthy phone calls. Again, all apologies for the misunderstanding.
Conclusion: The Defendants know that the video is extremely damaging to their position so they will attempt any and all means to make it disappear, but this Court must not grant them any such relief for the reasons hereinabove stated.