By Kat Kanning

Mike Barskey was tried today on a number of charges stemming from one late-night traffic stop . The charges were speeding, having an open container in his car, driving an unregistered car, not obtaining a New Hampshire driver's license, and having a handgun in his car without a permit. Two were dropped at the beginning of the trial – the open container and driver's license charges.

(Mike Barskey)

Prior to the start of the trial, Jesse “The Hat” Maloney began to file a motion to wear his hat into court. Before he completed the motion, he was told it would be allowed. So three of the 26 Freestaters present wore hats into the courtroom, unmolested, and without it disturbing the court proceedings.

Sam Dodson and Ian Freeman filed motions to film the supposedly public proceedings for public access TV. They were denied. They did have a meeting to discuss it with Judge Crocker, but were again denied. Sam left the courtroom railing about Freedom of the Press being trashed.

As the trial got underway, it was apparent that Amherst Officer Day-Lewis was not giving accurate testimony. Day-Lewis testified at Teri Kaneshiro's trial (from the same incident) that he asked Barskey if he had any weapons on him. Barskey was standing at the back of his car so answered (in typical accurate computer geek fashion) that no he didn't. For Barskey's trial, Day-Lewis insisted that what he had asked was if Barskey had any weapons, not if he had any weapons on him.

Mike questioned officer Day-Lewis about how fast he had to go to do a U-turn and intercept Barskey's speeding car. Day-Lewis testified that he would have had to go at least as fast as Mike was going. When Mike asked why it was safe for Day-Lewis to drive that way, but not for Mike to do so, the prosecution objected and the question was deemed irrelevant to the court. It may be a relevant question to the rest of us, though, as to why officers routinely get away with doing what we're all punished for.

After the testimony of Officers Day-Lewis and Mahoney, Barskey contradicted Day-Lewis' testimony that his gun was loaded. Mike testified that he always unloads his gun as he gets into his car and that he always keeps 10 rounds in his clip, not the 4 that Day-Lewis testified were in there. He showed how other testimony from Day-Lewis was highly questionable, like Day-Lewis' ability to see a gun on a dark floor through tinted windows at night, around a six pack of beer.

Barskey stated that there was no victim in any of the “crimes” he was accused of, and that he would be willing to pay restitution if there had been a victim. He said he felt he'd done no wrong and if fined, he would not pay.

Apparently Officer Day-Lewis' testimony was impeached enough that the prosecutor felt like he had to defend the officer during his closing statement, saying that Day-Lewis had used the least restrictive measures possible during the traffic stop. This statement was included, “For the press present.”

But Day-Lewis was not impeached to the extent that Barskey was exonerated of the charges against him. He was found Guilty on all charges. The speeding and car registration charges had no penalty. He was fined $300 on the Failure to Appear charge, which was taken care of with his 6 days in jail. On the gun charge he was sentenced to 46 days in jail, with 6 days of that taken care of by his previously mentioned imprisonment, and 40 days suspended for 1 year. Barskey walked out of court technically guilty in the view of the government, but without further punishment.