Judge James O'Neill III Denies Motion to Reconsider Denial of Motion to Dismiss on Speedy Trial Grounds

 

     

     I filed a motion to reconsider the denial of my recent motion to dismiss for speedy trial reasons on August 11th, 2021. The current prosecutor, Grafton County Attorney Tara Heater, filed no objection to my motion. Judge O'Neill, fresh off a vacation, denied my motion to reconsider on August 31st. 

     Am I surprised? Hardly. Judge O'Neill is still on vacation as far as I can see. This was no adequate response to the concerns, facts and precedent cases I raised. It was a one-page bare denial in the wake of the publishing of my most recent letter to the editor in the Laconia Sun. 

     New Hampshire Statute requires judges to retire at 70 years of age. Judge O'Neill is set to reach that milestone on March 30th, 2022. By April Fool's Day next year, he'll be on a permanent vacation. Meanwhile he's admitted to only completing 5 jury trials since April of 2020. He blames Covid-19 for the backlog his own incompetence and lack of a work ethic created in my case. He is consistently late with decisions on my motions while ruling fairly quickly on prosecutors' motions.  

     The state is paying a ridiculous amount of rent for the Laconia Courthouse complex where my trial is supposed to be held. The courts are not maximizing their investment and using this building to its full potential. Instead of finding a way to schedule my trial without violating my speedy trial rights, the state continues to give currently incarcerated defendants first priority when it comes to hearings and trials. The State, through Judge O'Neill's incompetent and biased rulings, is effectively indefinitely prolonging the denial of my speedy trial rights. This is a direct violation of my civil rights that I believe qualified immunity will not protect this judge from in the event I have to file a future civil lawsuit.

    Because the state cannot figure out a way to get rid of bad cases like mine or otherwise speed up the process to get to trial faster, I may be forced to wait another 2 and a half years for my trial. This is indefensible behavior on Judge O'Neill's part. These orders would not survive an appeal, and if that's not an option for me a Writ of Mandamus may be my last resort to loosen this old stubborn fool's grip on this case. I refuse to let a crooked system beat me by ignoring the facts and their ethical duties to be unbiased. 

    Stay tuned for new developments. Later this week we will feature a special audio interview with a genuinely honest career police officer who bucked the trend of corruption during his time working for the Philadelphia Police Department.