Mr. Livernois,
I was
arrested in Belmont on February 28th, 2019 at the direction of the NH Drug Task
Force. This arrest was executed wholly to put pressure on me to give up
actionable information about a higher level suspect. I have since learned that
if I had cooperated with the task force that day, I could have put myself at
risk of imminent harm. Upon information and belief, I am aware that the suspect
in question has law enforcement officials feeding him information, possibly
representing a leak that comes from within the task force itself. I will sign
an affidavit that attests to that fact.
This case has since
taken on a whole new meaning for me. I am forced to fight for my good name as
well as work to make sure there is no hint that I am cooperating in any way
with any law enforcement officials.
I have extensive
experience with the tactics of litigating cases, and I have successfully
represented myself in both criminal and civil actions in multiple
jurisdictions, including: Indiana, Massachusetts, Nevada and New Hampshire. I
also brought matters before the 7th Circuit Court of Appeals related to an
Indiana case where I was named in an injunction (to prevent me from writing a
book about the defendant) but not as a party to the case.
I know there are
fundamental problems and fatal flaws with this case at hand, and I will set
about exposing these during the March 21st hearing. The most prevalent of
issues is a clear violation of my 4th and 14th Amendment rights and a host of
issues that illustrated to me that my arrest was never meant to be permanent. I
was expected to immediately cooperate, but I thankfully did not in light of
what I've learned since. Once I cooperated the arrest would have likely been
made to look like it never even happened. I have yet to be given any formal
documents listing my exact charges, as if it REALLY NEVER HAPPENED anyway. The
bail bondsman had more information on my case than I had, and he wasn't even
under arrest for the crime, or made to believe he was.
I would appreciate
your urgent attention in providing the following original materials, or
official true and correct copies of these materials. This shall be considered a
formal request for discovery, and I can pick everything up at your office on
Monday if everything can be compiled by then.
1. The full police
report on the actual arrest produced by the Belmont Police Department
2. All official
reports, notes, photos/videos, and surveillance logs related to the task force
investigation against me as a whole, all records relating to my subsequent
arrest and the names of the two arresting officers who came to my residence on
the morning of February 28th.
3. All accounting
materials detailing the total taxpayer/State of NH costs of this particular
investigation by the task force, up to and including the day of my
arrest.
4. A true, correct and
complete sufficient copy of the video/audio recording of the discussions I had
with the Drug Task Force Officers on the day of my arrest.
5. Official charging
documents that outline the exact wording of my charges, how many counts I am
facing, and what the minimum and maximum sentence for the offense(s) would be.
6. Any
materials/documentation relating to formal or informal disciplinary actions
taken against any of the officers/agents who participated in my investigation.
This includes verbal reprimands for improper behavior or unprofessional
behavior in the execution of their official duties.
7. The full names of
all officers/agents and those who acted in any official capacity in the
investigation of my case.
8. A full accounting
of any and all officially designated "evidence" materials that will
be utilized to press the state's case which are not named among the above
requests.
If there is anything
in the above material you refuse to provide, I will remind the judge assigned
to the case of the following:
Brady
v. Maryland, 373 U.S. 83, 87 (1963). This bedrock principle of the criminal justice system forms
the basis of a prosecutor's obligation to inform criminal defendants of any
exculpatory and/or impeachment evidence which relates to their case.
Exculpatory evidence is evidence that is favorable to the accused. This
includes evidence that is material to the guilt, innocence, or punishment of
the accused or that may impact the credibility of a government witness,
including a police officer. It is paramount that this obligation is scrupulously
complied with in order to maintain the public's confidence in the criminal
justice system.
Please let me know
when I can obtain all this material. I look forward to hearing your
response.
Mr. Livernois,
I am attaching a
recording of a phone call I had with the two co-CEOs of Xyience, Incorporated
from my first legal adventure in Las Vegas. These two highly educated
individuals were put in place to purposely bankrupt the company on behalf of
the billionaire Fertittta family. I was the only one trying to stop their
giant, sophisticated con job at the time. They were suing me for $25 million
for defaming the company even while these two monkeys were going to my site to
figure out the company's actual history.
Bankrupting Xyience
would be the practice run for their bankrupting of an entire casino chain. If
Donald Trump just "took advantage of" the federal bankruptcy laws,
the Fertittas raped those laws to get where they are today.
I spent over 6 years
on the Xyience case. I cultivated inside sources at the company who gave me my
most damning evidence of the corruption. I even called into a conference call
once where the opening topic of conversation was a company-wide email I sent
out from outside their system.
I do not have so much
as a parking ticket in this state on my criminal record and not a whisper of
any drug crimes in Massachusetts or anything significant from my years in
Massachusetts. When the police play their games and are allowed to lie and set
people up, they must use a qualified player in the system to play those games
with. They can't literally find a random guy on the side of the road stuck in a
uhaul truck in a snowstorm. No more than the Red Sox can find a bum in a
cardboard box on Yawkey Way and dress him for a game that night to play first
base.
The police can't
pretend to help an innocent guy when they have no capability of actually
helping, and they can't target a person with no history of the criminal act in
question to manufacture and then prosecute a series of felonies out of thin
air. I was induced to help out who I thought was a fellow logger. I gave him my
business card not to offer to get him drugs but to supply him with work close
to home that was too far from where I lived. I wanted to give him business and
customers. It was all his idea for me to sell drugs to the State of NH. I gave
two people my business card that night. One of them actually helped and I
offered to get him firewood. He never contacted me again and he wouldn't take
the $10 I offered him. That guy pulled me out with a chain and went on his way
after taking a bunch of incessant honking from the traffic. TWO cops saw me
that night. One tried to get me to PAY for a wrecker, which I know provides
kickbacks to the department. The other cop set me up on a bunch of felonies. A
private citizen ends up being the real hero, and the system just sucks in this
picture, and I'm going to paint it perfectly for the judge and the jury.
When balancing the
legal concern of whether entrapment is an absolute defense, the two sides you
must examine are whether the police acted inappropriately AND whether or not
the target is a legitimate one who qualifies for the operation even before
officers come on the scene. My record shows I am not only a law abiding citizen,
but I've gone out of my way to help the government in the past voluntarily. I
even agreed with you before meeting to cooperate on the leaks in this
investigation. I haven't and will not ask for anything in return for that
cooperation.
The difference between
your side and mine is I don't play games with the truth and never will. While
you guys are explaining all the lies that shape your effort to prosecute me, I
will be using your own evidence against you to show I was always truthful and
forthcoming. I was trying to HELP someone, and that person in turn did nothing
but manufacture a weak, tainted case against me.
On the government
behavior side, this case is a train wreck for you. The fact that I legitimately
promised to take a polygraph test and give you exclusive information as to
where the leaks are coming from and you've done absolutely nothing to get a law
enforcement official to talk with me is now paramount to my defense as well. I
COULD BE DEAD because you didn't find this leak and eliminate it. I no longer
trust you for that reason and others to have my best interests in mind and to
adequately help the state police itself. If I have to find and expose the leaks
myself, I will.
The bottom line is I
am going to rake you over the coals in court with your own so-called facts and
evidence, because this case personally pisses me off like no other. I am an
inherently good person who went through four years of military school and
learned to live by an honor code. The Xyience case taught me the truth always
shines through in the end. The fact that the state would ruin a man like me
over less than a half pound of weed is disgusting and needs to be addressed in
a very serious manner whereby the State will have to suffer financially in the
long run. It's just not right no matter what way you slice it.
The problem with your
task force's war on weed is that it's too ingrained in our society to stop now.
It's too late for all this bullshit they are doing to mean anything. Meanwhile
I think every day of my father's best friend, a man who gave over 40 years of
his life to law enforcement. That man's son died with a needle in his arm
sitting in a damn porta-potty. Opioids and heroin need to be stopped. Weed just
can't be and it's a waste of state resources that you would even assemble a
case like mine to try to stop it that way.
Again, I am eager to
read the indictment. If you proceed with it, maybe the court will go along for
a little while, but the truth and the facts will mandate that this case be
thrown out. The vein of entrapment law it qualifies for actually bars the state
from proceeding with prosecution since the legislative intent was never to
prosecute an entrapped individual.
As I have said to many
other former adversaries in civil court, please go ahead and bring me into
court. I welcome this opportunity to defend myself. I also look forward to
exposing the state's multiple failures and mistakes in my case. I will show you
what no law school can teach, and the judge will simply have to appreciate the
fact that you picked on the wrong guy to fight your war on.
Notice & Request for Inquiry Into NH Attorney General Drug
Task Force Leaks
Mr.
Livernois,
As I recently
expressed to you in a prior email, I believe the NH AG's Drug Task Force, or at
least one person within that unit, could have put my life and safety in danger
in attempting to get me to cooperate against their main suspect attached to my
case. I have reason to believe their task force's real target has access to
sources in law enforcement and within the task force itself. While I am not
willing to participate any further in helping them in any fashion with their
investigation, I also would be equally unwilling to cooperate with them on what
I know about the leaks.
However, I remain
concerned that I may be targeted by this potential rogue officer or multiple
officers who may feel they have to silence me to save themselves. I honestly
have no idea how far up this operation goes, and I legitimately fear for my
safety at this point from higher up sources than the target in question here. I
would request that special consideration be granted this case as far as the
publication in the newspaper of my arrest, which would normally include my
address. This development would most likely put me at much greater risk to
anyone who is waiting for that police log to find out my address if they don't
know it already.
I realize that my
prior email does not take into consideration the timetable laid out in the
local criminal rules of procedure for discovery. I apologize for that and will
be more timely with those requests in the future. I am under a tremendous
amount of pressure and stress due to these manufactured criminal accusations
against me.
I would like to
formally request a meeting with another independent investigative unit or
representative thereof where I can discuss only the aspects of the case dealing
with the law enforcement leaks. I will cooperate fully with any investigation
on that subject. I would like to also inform you that I am not an enemy of the
state and have cooperated in the past (without being coerced in any fashion or
threatened with charges) with investigations by the FBI, SEC and IRS regarding
casino operations, bankruptcy fraud,money laundering and tax evasion cases in
Las Vegas and California. If you are really interested in weeding out officers
of the law who are feeding targets of investigation information, effectively
making entire investigations like this absolutely useless, please take this
matter seriously. I am willing to take a polygraph test to prove that I am
telling the truth about these leaks and legitimately have fears for my
safety.
Please confirm receipt
of this email at your earliest convenience.
Dear Mr. Bergeron:
I am in receipt of your two
previous emails, in which you have asked for, among other things, discovery
materials and a meeting to discuss your concerns with how the investigation
into your case is being handled.
I am not familiar with your
individual case. But, given that you have been arrested, and presumably
have been charged with a crime by the police, it would not be appropriate for
me to engage in these sorts of communications with you at this time. You
have a right to counsel, and at your arraignment will be provided with a
lawyer. As a result, I cannot engage directly with you about these
matters.
What I would recommend is that you
speak with your attorney at your earliest convenience and discuss your concerns
initially with him or her. That lawyer can then communicate directly with
me about any of your concerns. If your counsel feels like it is in your
interests to speak directly with me, I would be open to further discussions
about that.
As the chief law enforcement
official in the County, I take allegations of police misconduct very seriously,
and would follow up diligently on any credible allegations about misconduct.
But I cannot deal with you directly on these issues unless and until you speak
first with your counsel.
Yours,
Andrew Livernois
/s/ Andrew B. Livernois
Andrew B. Livernois, Esq.
Belknap County Attorney
64 Court Street
Laconia, NH 03246
603-527-5440
Mr.
Livernois,
Let me save you the
trouble of waiting for me to find an attorney. I hereby waive my right to legal
counsel, as I intend to represent myself in these matters.
I am fully capable of
doing so and look forward to the opportunity to clear my name.
I am not only
experienced in working as my own attorney, I also wrote a book on the
subject:
So I assure you I do
not need any legal assistance.
Thanks for your prompt response,
Dear Mr. Bergeron:
If you have been arrested, then I
presume you have a date scheduled for your arraignment. At your
arraignment, you can file an appearance seeking to represent yourself pro
se. Assuming that the judge accepts your appearance and allows
you to go forward pro se, then at that point I will be free to
speak with you directly about the facts related to your case. But until
that point in time, I do not feel comfortable doing so.
I don't feel comfortable waiting that long on an issue that
could impact my safety. Is there another investigative unit that can deal with
my concerns without your direct involvement?
Mr. Bergeron:
You are free to voluntarily speak
with any law enforcement agency (federal, state, local, or county) that you
feel is appropriate to deal with your concerns. Given the limited
information that I have at this point, I can’t really recommend a particular
law enforcement agency. I work regularly with members of the Belmont Police
Department and the members of the NH Attorney General’s Task Force.
Therefore, if I had concerns about a member of one of those agencies
engaging in misconduct, then I would normally refer that to the Belknap County
Sheriff’s Office or the N.H. State Police.
Again, I would be happy to discuss
these things in much greater detail with you after you have been arraigned on
March 21st.
Yours,
Andrew
/s/ Andrew B. Livernois
Andrew B. Livernois, Esq.
Belknap County Attorney
64 Court Street
Laconia, NH 03246
603-527-5440
ARE YOU TRYING TO GET
ME KILLED NOW????????????????
Andrew,
Let's cut the
bullshit. I told you a while back that I am representing myself here. There is
no excuse for you to fail to ever even explain to me what my official charges
are. We need some questions answered now, and when a judge hears what went on
here, he or she is going to be just as angry as I am.
First, what kind of
justice system allows for someone to be arrested and not find out exactly what
they are officially charged with until they see the police log published in the
paper?
Second, did you think
I would be assuaged by the fact that the charge is now possession instead of a
felony level offense with 6-counts compounding it like I was told in my illegal
interrogation?
The fact is the state
just outright violated my rights to equal protection under the law through the
police and now through your office with these reduced charges published in the
paper. I expressly told you publishing my name and address in the paper at all
could endanger my life. Now to add insult to injury, the charges being reduced
makes me appear like a cooperating witness to anyone who knew what I was really
facing.
Are you seriously
thinking you can get away with this? I know your history, too. I have records
of questionable behavior on your part that throws this whole case into doubt.
Don't think I can't find all the skeletons in your closet that make you look
like a co-conspirator trying to frame me for this bullshit. The judge is going
to hear all about the misconduct in this case and the thick thread of
corruption that runs through it. Before this hearing even takes place there
will be ample documentation proving the state is in a legal mess that's going to
have a lot of people, including yourself, wrapped up in civil court for
years.
I am done playing your
games. The games are over. The bullshit stops when the real facts hit the
docket. I will not stand for having my rights violated, my life put at risk, and
then you trying to cover it all up by hitting me with the least possible charge
like it's an olive branch of some sort. It's garbage, and the worst part is YOU
KNOW IT and you are still trying to serve it to me.
You know the problem
with lies and cover ups???????
Every situation where
they arise the person who just tells the truth the whole time ends up not
having to make things up and is less likely to foul up on what's supposed to be
the official line and the government's story that they are sticking to even if
it's wrong. Your conduct in all this will not be forgotten.
I told you not to
pursue this. I warned you that the facts would come out and they will. No judge
in any jurisdiction in this free country would stand for the treatment I've
experienced at the hands of the JUSTICE SYSTEM here. This is absolutely
outrageous and you should be ashamed you have any part in it.
Mr. Bergeron,
As I explained to you, I am not able to discuss the case against you until you have been arraigned next week. At that time, you will receive copies of the charging documents and will know exactly what you are charged with. Thereafter, your counsel will. E provided with copies of the discovery information.
I do not control what information the Belmont Police Department shares with the newspapers regarding arrests. Nor did I provide any information about your case to the press.
Sent from my iPhone
As I explained to you, I am not able to discuss the case against you until you have been arraigned next week. At that time, you will receive copies of the charging documents and will know exactly what you are charged with. Thereafter, your counsel will. E provided with copies of the discovery information.
I do not control what information the Belmont Police Department shares with the newspapers regarding arrests. Nor did I provide any information about your case to the press.
Sent from my iPhone
Even if the defendant
exercises his right to self representation to his detriment, the Constitution
ordinarily guarantees him the opportunity to do so. A defendant who represents
himself cannot thereafter complain that the quality of his defense denied him
effective assistance of counsel. 422 U.S. at 834–35 n.46
I may not take a
traditional approach to legal work, but you are dealing with someone who had a
Writ of Mandamus before the 7th Circuit Court of Appeals. I know you can
appreciate the amount of complex paperwork and detail that goes into that kind
of effort. I am also on record defending myself and earning an acquittal on a
criminal assault charge here in New Hampshire. The prosecutor in that case
wanted me to pay $1200 in fines. I refused and conducted a mini trial. The
judge ruled in my favor.
All you have to do is
type my name into the little Party Name window on PACER, and you will know I
have more extensive legal experience than any other pro-se party you faced who
was not an actual lawyer himself. So there is absolutely no excuse for you to
refuse to meet with me and take care of my concerns and issues as if I was an
attorney myself.
I want you to know that
I've done this before. It's what I've practiced and perfected over years of
investigative reporting on the kind of serious subjects that had people suing
to silence me. They lost when I learned how to be my own attorney and beat them
at their own game. I had adversaries who were billionaires and spent millions
on lawyers just to deal with ME. I had partners of major Las Vegas law firms
working on paperwork to try to make me submit and give up my writing. I
persevered through even the rigors of bankruptcy court.
Here, you are falling
into the same pattern I've seen before out of the people I faced in court and
the people I exposed as an investigative journalist. You are making mistakes I
knew you would make, because I've been underestimated, and nobody bothered to
check me out in the slightest bit before they tried to railroad me for this. Do
your homework, and do your job, and stop insisting that I need a lawyer. You
can make these mistakes and get away with them with common crooks and two bit
thugs, but I know how the system works. It's supposed to be much better and
more professional than what's unfolded in this case.
The fact is, you did not
respect my rights just like the Belmont Police and the Task Force didn't. I had
to find out what the warrants were about from the newspaper, and now you
personally have told me that if I had official court-appointed legal or private
legal counsel, you would talk to me and we could begin to resolve my safety
concerns and your leak issues. To be told that I will find out what's in the
charging documents through the discovery process and to be kept in the dark
about what these charges are for so long is just plain wrong. It won't take me
long to find the 4th, 6th and 14th Amendment concerns associated with that
reality. My own father was a police officer for 40 years, rising all the way to
the level of police chief in Webster, Massachusetts, and he's never heard of
such a thing.
It also won't take me
long to show your actions, or more so complete lack of action, put my life and
safety in danger. When someone comes to you with real, genuine fears of
being assaulted or killed due to leaks in law enforcement, then you go and tell
that person you are the top law enforcement officer while doing NOTHING to
follow up on information he has about those leaks, how is the judge and the
general public going to see that as being a competent attorney deserving of the
public trust? Sounds to me like this whole case shows beyond any reasonable
doubt that whether you help out the state government or not, they will get you
killed if they can. At the very least my case is an illustration that the state
and local law enforcement won't take any safety concerns you might have
seriously and they have no real interest in getting to the bottom of leaks in
the system. I understand that mentality is one that you think protects you, but
you're wrong.
At the end of the day,
you will regret not taking me seriously as a self-represented party. A simple
meeting and a little respect for my history as a pro-se party could have gone a
long way in resolving this the smart way and taking care of any concerns I had
that the system really is corrupt. Unfortunately, you chose to insist I need to
have a stooge attorney that you could play your legal games with and force him
to convince me to take some bogus deal.
You had your chance to
do this the right way, and you chose to go the crooked route. I'll expose that
to the judge on the case right out of the gate. I have other crucial evidence
that will be brought to bear against your past unprofessional conduct as well.
You have more of a record of corrupt behavior than I do.
Mr. Bergeron,
As I explained to you
before, given that you have been arrested and are facing charges in the
Superior Court, there are ethical considerations raised by my communicating
directly with you, since you are not represented by counsel.
You have a right to
counsel and anything you say to me could potentially be used against you in
court.
For that reason (as I
explained before) I would prefer to wait until after you are arraigned, and
have filed a pro se appearance that the court has accepted before engaging in
any substantive discussions about your case.
After that point, I
would be happy to sit down with you and listen carefully to all of your
concerns. And if you have evidence that the police behaved inappropriately, I
will take that very seriously.
I can assure you that the fact that you have not received a copy of the charging documents is neither unusual or inappropriate. That is how all felony arrests are handled in this county -- the defendant normally does not receive a copy of the criminal complaint until he or she appears at the walk-in arraignment. Defendants are normally just given the bail notice telling them where and when to appear.
I can assure you that the fact that you have not received a copy of the charging documents is neither unusual or inappropriate. That is how all felony arrests are handled in this county -- the defendant normally does not receive a copy of the criminal complaint until he or she appears at the walk-in arraignment. Defendants are normally just given the bail notice telling them where and when to appear.
I can assure you, your
case is being handled by my office in the normal way that all such cases are
handled.
Yours,
Andrew Livernois
Belknap County Attorney.
Well, look at that,
the first person in law enforcement to actually mention that I have a right to
remain silent...congratulations. It would be nice if I was read those and the
rest of my rights on the day of my arrest. Unfortunately, in citing my
right to counsel you neglect to account for the fact that I sent you, IN
WRITING, my waiver of counsel and informed you of my express intent to
represent myself. A right to counsel does not mean you have to hire or accept
court-appointed counsel that is from a law school. You can be your own counsel.
There are just as many protections for pro-se parties as there are pitfalls,
and I am not going to have trouble convincing a judge I can handle this. It's
obvious you've never encountered this situation before, but no matter how you
justify denying me my rights that is exactly what you and the state are
doing.
There was CRITICAL
timing involved in my intent to cooperate with you on the leaks. The
opportunity to capitalize on the information I had was when I shared it with
you, and you dropped the ball. You showed me you cannot and should not be
trusted to act immediately on issues that could impact MY LIFE. It is
irresponsible and shortsighted behavior on your part to insist that waiting for
a hearing was more important than closing leaks that could affect my immediate
health and safety. If this is routine for you, that's a bigger problem than I
realized.
Attorney Livernois, this is your absolute last chance to do the
right thing and listen to reason. I am attaching my existing draft for my
motion to dismiss. It contains the key paragraph below and fully details your
unprofessional and unethical conduct in this matter so far.
The gravamen of the objective view of entrapment is whether the
police conduct “falls below standards, to which common feelings respond, for
the proper use of governmental power.” Sherman v. United States,
356 U.S. 369, 382 (1958) (Frankfurter, J., concurring). According to this test,
which is also known as the “reasonable law-abiding person approach,” (ROBINSON,
supra note 13, at 520-21) if the government’s method of inducement was likely
to induce an ordinarily law-abiding citizen to break the law, then the charges
should be dismissed even if the accused was ready and willing to
commit the offense. See Sherman, 356 U.S. at 383-84
(emphasis added). Unlike the subjective inquiry, which is an issue of fact for
the jury, the objective determination is an issue of law decided by the judge.
See Sorrells, 287 U.S. at 45
The law is on my side, and the evidence was entirely fabricated
by the task force and then trumped up in an unholy crusade by you. WHY? What is
the purpose of this monumental effort to ruin MY life when everyone knows I was
just the tiniest bait fish the task force could find to put on their hook? And
now you all want to mount this tiny fish on your wall like you caught the great
white whale. I think I know why you are doing all this, why you have to do it
to save yourself. ARE YOU WORTH SAVING? That's the most important question I
have now. Because I have the power to make sure you are beyond saving if I take
full advantage of my rights.
I think I will let the judge know exactly why you are engaging
in this behavior. Actually I won't, because you will be the one testifying to
that at the hearing. I will lead you through your own ruin on the stand.
Unlike any private attorney, the local
prosecutor—be he district attorney, county attorney, or criminal district
attorney—is an elected official whose office is constitutionally mandated and
protected. Prosecutors are still subject to the Rules of Professional
Responsibility, but they must police themselves at the trial court level
because of their status as independent members of the judicial branch of
government. Such a holding is not tantamount to making the fox guardian of the
henhouse or letting the wolf keep watch on the flock, because a prosecutor who
violates ethical rules is subject to the disciplining authority of the State
Bar like any other attorney. Perhaps even more importantly, as mentioned above,
his violation of the rules will subject his cases to reversal on appeal when
his unprofessional conduct results in a denial of due process to a defendant.
I know you covered up scandals as a private lawyer. I know there
are cases that represent absolute land mines for your future ability to carry
out your duties as the county prosecutor. I will walk you right over those
legal land mines in open court, in what you think is YOUR element. I will carry
it all through to what you and your clerk pulled on the judge Thursday. That is
the most disrespectful thing a prosecutor can do, insulting the judge's
intelligence like that and trying to play games with him on top of already
demonstrating that you're playing them with my life.
I don't need any depositions or help with formulating questions. I
know what road to lead you down and where I will trip you up. I know this
because the truth is on my side and always will be.
Take a look at the attachment and understand I will only accept
one alternative to filing this with another supporting affidavit:
Dismiss this case of your own accord.
I will be forced to re-think my bar complaint if you confront
the truth now and come to your senses. The alternative for you is an ugly,
nasty road to nowhere fun. I have the equipment for the battle and the stomach
to handle the destruction that will ensue. This effort to expose you at your
worst could literally end your career, and I really don't want to have to do
that to you. This is not a game to me like it seems to be to you.
Unfortunately, your actions make me think I have no other choice. Your case
isn't worth the paper it's printed on. You've literally risked my life by
refusing to talk to me.
I know what it's like to ruin someone's life. I helped put
Russell Pike in prison for the longest stretch of that career con man's life.
The amount of content I had on the Internet about his cons made it impossible
for him to solicit more funds when he was at the end of his financial rope and
had to confront his imminent downfall.
I honestly think you're a closed-minded asshole who treats every
defendant like the scum of the earth instead of understanding the gray areas,
understanding there are exceptions to every rule. I think if I don't press you
to your limits and expose you for what you are, you'll just do the same thing
to more innocent and self-represented people down the line. I never do anything
like this for myself alone. I couldn't have the passion I bring to this if it
were just for me. I'm doing this for every entrapped defendant denied justice
anywhere in the United States. I will take this to the appeals court level if I
have to, and I will WIN.
Now, while I don't necessarily like you or think you are doing
your job properly, the one thing you have going for you is I don't think you
are a crook or someone who can't learn from their mistakes. I'm not going to
report you to the FBI. I'm not going to expose you like I did the Fertittas and
Russell Pike. I am just going to let you destroy yourself, like all the liars
and dirty lawyers I've ever faced do every time they wind up with me as an
opposing party.
My indignity toward you is not something I'm using as a strategy
or a legal tactic. It is real. Anyone who would press this garbage case as far
as you have deserves exactly what you'll get if you keep pushing it.
I told you this would happen. I warned you what you were getting
into. You did all this anyway, thinking you would crush me like a cockroach.
The shoe is on the other foot now.
It will only get worse the longer you try to obscure the record
and stall dismissal. Enjoy your reading, and you will get your final copies of
all my motion material tomorrow morning if I don't hear from you sooner.
Rich
Unfortunately
for you and your task force officers, they did not read my criminal record
properly and completely lied about it in these documents.
I have no convictions
for assault whatsoever. I was acquitted of that charge. I was also not
convicted of the bank note offense, as it was continued without a finding and I
served probation only. Also the task force officer is leaving out the fact that
I gave him my business card and offered to give him customerslooking
for firewood. He told me he was from the Tuftonboro area where he worked in
logging. I told him I had customers in that area looking for firewood.
Also, they didn't even have a chain to help me with and didn't really help at
all. Some other guy showed up with a chain who didn't set me up for 6 felonies.
The task force officer
also doesn't mention any of the exact actual content of most of the text
messages, either. He only quotes his own language on the day of the final
transaction from one text message. When you see all the texts it's a whole
different story. I welcome the opportunity to defend myself against these
charges.
It's very nice to know
now that all it takes is ONE YELLOW FORM to file an appearance in a case. You
were going to let a one-page form get in the way of acquiring key information
about leaks within law enforcement? You were going to let that tiny formality
put my life at risk????? You are suspect, Mr. Livernois, and I will prove it to
ANY JUDGE this case winds up in front of. If I end up with a corrupt judge, I
will appeal his bogus decisions. Your behavior is unforgivable and despicable,
but why should I be surprised? After all, you've done this kind of thing
before, and I will expose that corrupt past for not only the judge to see but
the general public as well.
I gave you a chance to
come to your senses and work this out sensibly, but you persisted and thought
you could manufacture your own case against me, just like the task force tried
to do. This case is about more than defending my good name at this point, as
you've now made it about getting justice for the fact that you would rather see
me murdered than deal with me face to face as my own counsel.
Good
luck today, Andrew.
This song is dedicated
to you and the drug task force
You really do suck at
your job.
You wasted your reply
by filling it with unsupported arguments and did not include any affidavit of
your own or anyone else to dispute any of the facts in my 2 affidavits. All you
have to say for yourself is in a lousy footnote saying my claims of misconduct
are not worth addressing. I've got news for you: you will have to confront
those claims of misconduct sooner or later. You can't just say deny deny deny
with no basis to prove you didn't act in an inappropriate and unethical manner
to screw me over and deny my rights. Right now my testimony is the only SWORN
testimony on the record attesting to the fact that you fucked up big
time.
As I told you,
discovery is not needed here. I can sniff out the fact that this whole thing is
bullshit in 10 minutes of questioning all the key witnesses I asked to cross
examine in my motion. You already know it's bullshit but you think you can make
it stick. I don't need depositions or production of documents. Just the facts,
sir. That's all I need, and your side's already given me all the facts and
evidence to show I'm being framed and railroaded in this case by an overzealous
and irresponsible officer of the law who is too stubborn and pigheaded to
listen to reason and see the forest through the trees.
You'll have my response on Monday, and if you
didn't like the last one you will hate the next one.
Dear Mr. Bergeron:
I am writing in regards to the
upcoming hearing on your motion to dismiss which is scheduled for April 10,
2019 and to address what I believe are some misperceptions on your part.
In several of your recent emails you have made statements which suggest that
you expect to cross examine numerous witnesses at that hearing.
First, I want to make clear that I
disagree that there is any need for live testimony at a hearing on a motion to
dismiss of the type you have filed. Live testimony is neither necessary
nor appropriate for resolving the issues before the Court at this stage of the
proceedings. I believe that the scope of the hearing should be limited to
oral argument from the attorneys in support of their respective
pleadings. For that reason, I have absolutely no intention of calling any
police officers or other witnesses to testify at the hearing on April 10th and
I do not plan on arranging to have them present at the hearing.
Second, I will not assent to your
calling me as a witness at this hearing. I was not involved in any of the
events which led to your arrest or the charges that were filed in this case,
and therefore do not have any material or relevant testimony to provide with
regard to this case. Thus, you have no legitimate basis for seeking to
call me as a witness in this case, and I will object to any such attempt on
your part.
Yours truly,
Andrew Livernois
/s/ Andrew B. Livernois
Andrew B. Livernois, Esq.
Belknap County Attorney
64 Court Street
Laconia, NH 03246
603-527-5440
Mr. Bergeron:
You may want to take a look at RSA
517:13,II which governs the use of depositions in criminal cases. That
statute states that depositions of non-expert witnesses are only allowed “upon
a finding by a preponderance of the evidence that such deposition is necessary
. . . to ensure a fair trial, avoid surprise, or for other good cause
shown.”
In deciding that issue, the court is
required to examine “the complexity of the issues involved, other opportunities
or information available to discover the information sought by the deposition,
and any other special or exceptional circumstances which may exist.”
I will not assent to depositions of
these witnesses in this case, as I do not believe you can meet that
standard. There is nothing particularly complex or unusual about the
facts of your case, and you have been provided with numerous written statements
from the witnesses that the State intends to call at trial. So I do
not believe you are entitled to take depositions. You will need to file a
motion to get permission to take the depositions, and I will be objecting
thereto.
I should also point out that, even if
the Court were to allow you permission to take depositions in this case (which
I doubt the Court will), you would be responsible for obtaining and paying for
the stenographer.
Yours,
Andrew Livernois
/s/ Andrew B. Livernois
Andrew B. Livernois, Esq.
Belknap County Attorney
64 Court Street
Laconia, NH 03246
603-527-5440
Hello,
Do I have to file a
formal motion to get you to produce the interrogation room tape and any other
video taped content from the Belmont Police station on the day of my arrest? I
will be getting standby counsel today, so if we have to file a subpoena for the
tape, we will.
Also, These are the
witnesses I will request to cross-examine and the order I plan to call them in
1. Detective Beaulieu
2. Detective Swift
3. MPO Patrick Riley
4. Vinnie Baiocchetti
5. Task Force Male
Interrogator
6.Task Force Female
Interrogator
7. YOU
I am going to request
at least an hour for the hearing as I don't think 30 minutes is enough to fully
expose the abuses of process and convenient "mistakes" involved in
this prosecution. I hope you are prepared. It's going to be a difficult day for
you all around, and I'm saving your lies for last to target and expose.
Judge O'Neill will not
be impressed with you, I'm thinking.
Dear Mr. Bergeron:
The short answer to your question
is no, you do not need to file a formal motion for discovery. As outlined
in the Rules of Procedure, we generally provide defense counsel with copies of
all relevant discovery (e.g. police reports, expert reports, statements we
intend to introduce, etc.) as we receive it. Motions are normally only
needed in cases where this is some dispute over whether something will be
produced.
In regards to your specific
request, I do not know whether any video or audio tapes exist relating to your
arrest on February 28th, 2019. I have called the Belmont
Police Department and asked them to provide me with whatever recordings they
have. As soon as I have them, I will provide them to you.
Yours truly,
Andrew Livernois
/s/ Andrew B. Livernois
Andrew B. Livernois, Esq.
Belknap County Attorney
64 Court Street
Laconia, NH 03246
603-527-5440
One of the packets on
the discovery disc you sent me is supposed to have MPO Patrick Riley's
narrative, and it cuts off after half a sentence, just blank page after that.
Could you possibly email that un-redacted document to me? Also, where are the
audio recordings from the wiretaps and personal recording devices worn by
the detectives? When will I receive copies of those? I also formally
request any and all disciplinary reports on all involved officers for any
verbal or written reprimands on their records. I also notice Detective Beaulieu
selectively chose only a handful of our texts back and forth to highlight in
his affidavits. I formally request copies of each and every text in the
narrative between Detective Beaulieu and I.
These officers lied
about the character of our conversations during the day of my arrest, lied
about the initial contact when I was stuck in the snowbank, lie after lie after
lie in these affidavits through the whole case. This will be relatively easy to
expose. As I've told you before, your case is built on a foundation of
lies. Also, where is the evidence of any other "illegal" sales to
show I'm any danger to the community? All your guys did was drum up their own
sales and call it good. This is not good law enforcement. There are failures at
every possible level.
You just have a bunch
of manufactured sales. That's all you have. Manufactured sales your cops
induced a random guy on the side of the road to commit. They did no
investigation to find out if I was predisposed, by THEIR OWN ADMISSION.
On top of this, you
have sworn affidavits chock full of provable lies. I have all kinds of ways to
bring it all out on the stand. And guess what...through all this evidence there
is not one shred of justification for any of it. Not one. Where is the
predisposition investigation? All these cops focused on one random guy struggling
to get by as a hard-working, honest man. They couldn't keep their shit straight
and do it right. They had to lie to get me in their sworn affidavits. They had
to lie to make me look like the villain. It's sad, because I can appreciate how
hard they worked to get me. I really can appreciate all the paperwork and the
hours that go into something like this. The sad part is they got the wrong guy
and they did nothing with the guy in the Tundra except to follow him home and
leave. And once that license plate made it into an official investigation
report and his name came up in the system, someone in the system must have
ratted the DTF's whole operation. Maybe they didn't believe in the mission, I
don't know, but I know there are leaks. I could have helped you catch them, but
you blew your only opportunity.
I see some other
glaring holes, too, but we'll get to those at the hearing. You should have
researched the facts a lot better than you did. These task force guys (and
girl) are lying just as bad as you did in a lot of their sworn statements. I
will get them to reveal those lies on the stand.
All your evidence is
tainted. Every single bit of it. I'll explain why in my closing statements
after I get the majority of my witnesses to tell their own story to the judge
about how this investigation was a complete disaster, and I'll even give you a
crash course on the state law you hope to stand by at this hearing. It's junk
law because it has no comparison to my case.
Also, in ALL THAT MESS
you sent me, where is there any mention of leaks???? Where is the message I
emailed the Drug Task force myself about leaks? I smell a cover up, and it all
starts and ends on your desk. I know your history, and I know what you have to
do this for, but the judge doesn't know yet. I will be happy to let you tell
him all about your biased motives on the stand.
Just remind all your
witnesses that perjury has real consequences, just like prosecutorial
misconduct does. I am eager to face you and court and prove this unmitigated disaster
of a case doesn't belong in any courtroom in the United States.
Dear Mr. Bergeron:
1. In regards to Officer Riley’s report, could you please identify
the page number(s) that you would like me to re-send. All of the
discovery we send is normally Bates-stamped on the bottom right corner, and if
you can identify which pages you feel are lacking, I will re-send them.
2. With regards to the audio tapes of the controlled buys – we just
received the disks with those recordings a few days ago. My staff is in
the process of copying them and will get them to you shortly.
3. With regards to the text messages between you and Det. Beaulieu,
I am not aware if there are any other text messages which were not included in
his reports. I will make inquiries of him and get you copies of any text
messages you do not already have.
Yours,
Andrew Livernois
/s/ Andrew B.
Livernois
Andrew B. Livernois, Esq.
Belknap County Attorney
64 Court Street
Laconia, NH 03246
603-527-5440
Mr.
Livernois,
I just want to take a
moment to thank you for finally getting me the paperwork that will exonerate
me. This pile of evidence supports only my case. At the end of the day on April
10th the only convictions that will be worth seeking are convictions for
perjury against just about everyone who wrote a sworn statement in this case. I
want to interview everyone in the government who made a mistake here, so I will
also request that the Belmont Police Chief be present.
I want each of the
witnesses to be isolated from each other and outside of the courtroom before,
during and and after all cross examination of witnesses, but only after opening
statements, because they need to hear what I have to say before they do get on
the stand.
Remember I have told
you many things, but I have my own aces in the hole to prove you are all no
good liars. The only honest man in the whole mess is MPO Riley, and you won't
give me his statement.
I don't know how this
case doesn't give you a crisis of conscience. You yourself called it "the
so-called drug war" and blamed it for incarcerating too many people in
this country. This is a war on an innocent man you are waging, and you'll fall
flat and lose badly. I truly never wanted to do that to you, but you are
leaving me no other choice but to embarrass the living shit out of you in front
of your peers. I know you probably do mean well, but at some point you have to
realize this is a giant waste of everyone's time and money. There are better
things we could all be doing to change the world for the better.
But, hey, less a half
a pound of medical-grade weed off the street is a great triumph, and 58 years
in jail will straighten me right out.
Every moment you
continue to pretend this case has merit is another step deeper you take into
never in your life being able to escape this case.
And you can't say I didn't warn you.
Mr. Bergeron,
I placed a call to the Belmont P.D.
and asked them to get me a copy of the video and/or audio tape from the
interview room for the date you were arrested. I was told they are going
back to look for it. As soon as I know more, I will tell you.
I have also asked them to get me a
copy of P.O. Riley’s report. As soon as I get that, I will forward it to
you.
Yours,
Andrew
/s/ Andrew B. Livernois
Andrew B. Livernois, Esq.
Belknap County Attorney
64 Court Street
Laconia, NH 03246
603-527-5440
Andrew,
I may not even be
successful with the motion to dismiss, but it's what the judge told me to do,
and I'm doing it to the best of my ability. It's come to my attention recently
that a motion to suppress would be a more powerful opportunity for me to
confront the witnesses I want to get on the stand. That will most certainly
come next if I can't piece together the legal framework it will take for the
judge to grant me the relief I ask for on the 10th.
I will at the very
least make a very earnest and hard-fought attempt to get you on the witness
stand. Twigg might not seem like an applicable case, but it actually is. Your
conduct alone is worse than what transpired in that case. You could have killed
me. State v. Little and State v. Bacon are not applicable at all. One dealt
with jury instructions (Little) on entrapment predisposition issues that the
defendant didn't want to be discussed for some reason. I want entrapment to be
discussed. Bacon dealt with cops who actually investigated before they set up
the defendant. They actually talked to a third person to find out if the
suspect sold drugs. The task force officers in my case never talked to anyone
but ME. They didn't even glean from talking to me when they first came on the
scene whether or not I was prone or pre-disposed to selling marijuana. They
just had a mere suspicion that I smoked it.
I have a novel legal
theory and believe my case is unique to the standard of outrageous government
conduct since YOU made it unique by denying my 6th Amendment right to counsel
and putting my life in jeopardy with your pre-arraignment behavior. Outrageous
government conduct is by no means limited to the police, and I've shown that
already with the other example I put in my reply of the prosecutor working hand
in hand with the defense counsel to screw over the defendant. Instead of
screwing me over in this case, you did one better and tried to get me killed.
Also, you completely ignored the issue of these charges being manufactured
(i.e. the government played a crucial part in committing the crimes in question
and also prosecuting those charges on the other side).
Keep up the good work,
Andrew. You are building my case nicely for me. I appreciate your sly attempts
to bullshit the judge with legal maneuvers and junk law, but I'll find more
applicable cases for my supplemental brief that you can't get around.
By the way, do you
happen to know the last time the NH Attorney General's Drug Task Force was sued
in civil court?
I know. I know all
about that case. I wrote about the town of Gilford for the Laconia Citizen in
2004 when the original King's Grant Inn case against the town was settled. I
know Will Drew personally.
Guess who had integral
roles in the charges at the heart of that civil claim you tried to save the
town of Gilford from?
DETECTIVE FRANK
CASSIDY
AND
KIRK HART
And you swept it all
under the rug to "buy peace" at the cost of $118,000 that you somehow
managed to convince the town's insurance to pay for.
So, you are capable of
covering up and/or excusing the task force's abuses of process on behalf of the
town of Gilford. You will most certainly do the same and "get their
backs" however you can in this case as the County Attorney.
That will all come to
light in this case one way or another. I will expose you for the corruption you
are taking part in here and the unholy alliance you've made with the task
force.
But you go right on
ahead with what you think is right. I can't stop you from being stupid enough
to ruin your own reputation here. That's going to be on you in the long run,
not on me. I gave you every opportunity to understand what you were getting
into here. You kept right on backing the lies told to you and furthering
misrepresentations of the case.
You should have just
met with me in the beginning and there would be none of this negative energy
and animosity here. We could have had a constructive conversation and dealt
with this in a much more peaceful and meaningful fashion. You might have realized
then that we probably have a lot more in common than you'll ever know now.
Progress could have been made where now all you are doing is wasting the
court's time and hurting your own career in the process.
If I truly hated you,
Andrew, I'd never be able to beat you at this legal game you are playing with
my life. I understand why you are doing this, but I also need you to understand
that at the end of the day it is all just plain wrong. You can't treat people
like this and expect the system to work in your favor. It is all going to
backfire on you in spectacular fashion. I don't want to be there when it
happens, but I have to be, because I'll be the one making it happen.
I have beaten more
trained and prepared adversaries than you before. I don't see a shred of
dignity or truth in your prosecution effort at this point, and I don't think
any judge will be able to see any of that either when I finish my remarks on
the 10th. But you keep your nose in those law books and you keep looking for
escape clauses.
Best of Luck,
Mr. Bergeron,
Enclosed is a copy of
the supplemental report which was written by Det. Beaulieau memorializing all
of the text messages between you and him. I am sending you this now so
you will have it for the hearing tomorrow, but I will ask my assistant Brenda
to Bates-stamp it and add it to the formal discovery and then send you a
paginated copy as well, so that we have a record of providing it to you.
Yours,
Andrew Livernois
/s/ Andrew B.
Livernois
Andrew B. Livernois,
Esq.
Belknap County
Attorney
64 Court Street
Laconia, NH 03246
603-527-5440
Andrew,
This is the quote that
will lead the complaint I am crafting for the NH Bar Association:
“Each year, thousands of Americans are victimized by prosecutors
who overcharge, withhold key evidence, and engage in a myriad of other forms of
professional misconduct,” the Center for Prosecutor Integrity stated in a 2013
report. “When these persons later seek redress, they encounter denial,
resistance, and delays. More often than not, their efforts to receive even an
apology end in futile exasperation.”
You've hit all those above nails on the head in this case and a
few more they did not mention. You've looked the other way when the truth hit
you right in the face, and you've avoided putting together any facts on your
own. The very fact that I had to be the one to make sure you received an
accurate statement from MPO Riley will not go over well, whether this case
continues or not.
You tried to treat an innocent man who was willing to try to
help you out in the beginning like a crook who deserved 58 years in jail. This
will never be something I could ever possibly forgive and forget. This will
have serious, meaningful consequences for you that will all emerge in courts of
law, where you supposedly reign supreme.
I will go into your sacred realm and beat you at your own games,
and you will detest every minute of it. I went easy on you in open court
Thursday, because I listened to the judge and didn't re-visit anything in my
pleadings. You tried selling the idea that Twigg doesn't apply, the same stale
bullshit you raised in your last objection. My final brief already eviscerated
that argument on your part. If Judge O'Neill denies my motion, I can make the
case on appeal that the judge denied my due process rights by refusing me the
opportunity to cross examine you. We'll go back and do that hearing over if we
need to.
I didn't mention your history with the task force, either,
something I am sure the judge will consider relevant and potentially rising to
the level of you needing to recuse yourself.
Then there is what happens post-dismissal, which I will keep
very close to the vest, but let's just say I will probably be forcing you to go
back into private practice for a spell. Among other guilty parties here. Then
it will be time for me to tell you that you need a lawyer, or I can't talk to
YOU. You told the voting public you wouldn't engage in any private practice
work while you were the County Attorney. Guess that's going to be another lie
that emerges out of all this unless you actually do have to hire an
attorney.
Andrew, you can try to throw a bunch of shitty law at the wall
and see if it sticks. You can stack the evidence you think is valid all the way
up to the ceiling. You can put all the resources you can possibly arrange to
work directly on this case and at the end of the day you will still have
nothing worth taking to trial. You don't even have anything worth indicting me
for at this stage of your game.
I can tell you if this motion is not a success, the next one
will be. I will stand up in court and make better arguments in that courtroom
every time we go in there and face each other. I will not give up and run from
this like you are going to have to do in the long run, whether you like it or
not. You have too much to hide and you addressed absolutely nothing at that
hearing in regard to your own personal conduct that denied me my rights and
potentially could have cost me my life.
And if this is all over for you as far as criminal court, that
is just the beginning of the next journey we will take down the legal highway.
Through that whole adventure I will remind you constantly that you did this to
yourself. You had a chance, multiple chances, to make this right. You persisted
on junk law and evidence collected by shady law enforcement officers who need
to go back to school and learn about Miranda Rights and Entrapment laws. Oh,
and maybe they should also learn how to check and verify a criminal record
accurately, because nobody at the Attorney General's office seems to know how
to do that.
NEGLIGENCE, ABUSE OF PROCESS, INCOMPETENCE, SYSTEMIC FAILURES,
MISCONDUCT
These are the words that will permeate the aftermath of this
criminal case for you and the law enforcement officers who randomly targeted me
without doing any adequate investigation. These are the words that represent
everything you stood for and embraced to press this case.
No matter what happens in the future, I hope you realize now
that I was perfectly capable of sitting down with you and having a civil
conversation when this all started.
Because you refused that opportunity, you are moving down that
dark road I told you about already. You are going to put yourself in a position
where you will never be able to escape this case that you never should have
pursued in the first place.
I'm sorry in advance. I know what I am capable of, and I know
that this will be one of my last semi-cordial communications with you. I know
that this case will become a tormenting force in your life that will distract
you from other important work you should be doing. It's unfortunate, really.
You probably will grow to truly hate me and wish you never met me. You will get
madder and madder as each thing I told you would happen comes true.
I'll always remind you that you did this to yourself. You
created this mess you could have cleaned up on day one. There are so many
better ways you could have handled this, and I have all the email
communications to show that I tried to get you to listen to reason every step
of the way. You ignored every warning I gave you. What's worse, you persisted
relentlessly while knowing all the real, genuine flaws of this case. You sealed
your own fate.
Either way the judge decides on this motion, I will see you in
court.
I look forward to
writing the appeal and taking the next steps to prove this case is full of
corruption and abuse of the system.
I also want to inform
you that I recently discovered more information about the leaks (I confirmed
there are two), which will be utilized during cross examination of witnesses.
You have a leak in the
Drug Task Force who alerted the main suspect, and you have another one in the
Sheriff's office, where you told me to go to report the problem, if not the
Belmont Police.
I have proof I sought
help from the Belmont police through two different attempts, and nothing was
done to investigate these leaks, even though I was willing to provide
information to help you address the situation.
Now it will be blown
up in public and in the courts for all to see, and you could have avoided it
all by meeting with me. The judge obviously doesn't see the implications of
life and death here, but an appeals court will.
Mr.
Bergeron:
As I have told you repeatedly, now that you are representing yourself, I am more than happy to meet with you and discuss any concerns you have about leaks or any other issues.
But when I offered to meet with you after your arraignment you refused.
Yours
Andrew Livernois
Sent from my iPhone
As I have told you repeatedly, now that you are representing yourself, I am more than happy to meet with you and discuss any concerns you have about leaks or any other issues.
But when I offered to meet with you after your arraignment you refused.
Yours
Andrew Livernois
Sent from my iPhone
I
refused to meet with you because you had your opportunity to respond and do the
right thing repeatedly before the arraignment, and instead you ensured that
nobody would talk to me about the leaks, not even the people you told me to
report them to.
This kind of
corruption, waste, abuse, fraudulent representation of the facts and sloppy
police work is now being represented as a great, solid case. You've put it to a
grand jury that way and probably didn't even tell them about the fact that
there are false claims in the arrest warrant affidavit.
The whole investigation
was approved, signed off on and executed based on LIES about my record. Every
stage of the process is poisoned and compromised as a result.
You have brought the
full force of the law down on me and treated me like I am in need of a long
jail stint and huge fines because you obviously think I am some scumbag who
needs to be off the streets. I could have and would have helped you if you took
definitive steps to help me when I truly needed it. You squandered those
opportunities, and you executed a massive effort to make me pay for multiple
crimes no jury will ever convict me of.
I have decided in
light of the judge's recent order to forego writing any bar complaint about
you, as it is obvious from his perceptions of the case that he is favoring your
side and thinking he is protecting the sacredness of the system with his
ruling. The bar will do the same. An appeal of this ruling and a full defense
of my case with no compromise discussions whatsoever is my only option. I
refuse to speak with you in any fashion and will actually be requesting your
recusal. You put my life at risk without a thought. I do not forget things like
that.
The only way to expose
what happened in this case is to use the strategies in my book to shine a real
spotlight on the injustice. You will see and read about the fruits of my
efforts in the coming weeks leading up to trial. As I file motions in the
ongoing case and work on the appeal, the court of public opinion will also come
into play. You think you can use the system to screw me over and there is
nothing I can do about it, but there is no limit to what kind of attention I
can bring to this case. I have been absolutely respectful of the process and
the system thus far, wanting to give it a chance to work itself out.
Judge O'Neil obviously
sympathizes with you. I no longer do. I have no problem exposing your history
and your overzealous approach to trying to put me in prison for a manufactured
crime. YOU have put me in this position, and you can claim you had to jump
through certain hoops all you want but this was a specially urgent case and
your treatment of it betrayed justice and let leakers escape with not even the
hint of an investigation when I alerted three agencies. I've found out more
about the leaks than your office has, because you and the Belmont Police just
wanted to sweep it all under the rug to convict me.
My fight has to be
meaningful, and it's about showing the system you can't do this to an honest
man who works hard and contributes to society. You can't claim a whole
investigation based on a false record is legitimate. You can't use the weight
of the system to stick it to me because I would not cooperate with a
compromised investigation. I faced potentially fatal risks for turning on both
the main suspect and the police involved in leaking to him. I had no knowledge
and still don't really have a way of knowing how deep this organization and
coordination goes. How do I ever trust you when you obviously had something to
do with Belmont Police not making any effort to talk to me despite clear
attempts to get their attention? The judge's order makes NO MENTION of leaks
and the compromised investigation. I'm sure you did not tell the grand jury
about any of that either.
You are friendly with
the DTF and have obviously gone to bat for them in the King's Grant case. I
would be ignoring my best instincts in dealing with corruption if I sat down
across the table from you and discussed any matter of this case. I have no
faith that you will ever do the right thing, especially since the judge
actually waited for you to secure your indictment before submitting his ruling.
That represents a certain level of active coordination and unspoken support of
dragging out this process for me unfairly instead of kicking it out of the courts
because it will never result in any convictions and will wind up being a black
eye for the state.
Even the judge knows I
have a case on entrapment, however.
He thinks, and you
probably think that this latest ruling protects all of you, and the system will
be safe as a result. You are both wrong if that's your angle here. It only gets
worse when people take the stand and get caught in lies, when the information
I've uncovered gets used to expose these people who made it impossible for me
to cooperate. How is it going to look when it comes out in open court that my
own investigation pinpointed the leaks because your people never lifted a
finger to help me? I made two definitive, documented attempts to contact and
alert Belmont Police to the leaks that compromised this whole investigation. I
told them I was willing to cooperate FOR NO CONSIDERATION ON MY CASE. The only
explanation that makes any sense as to why they didn't talk to me is that YOU
told them not to.
It's obvious now
what's really going on here, as the judge making no mention of leaks proves he
is trying to hide the fact that they exist and are a major concern in this
case. If you actually gave a shit about justice and finding those leaks, you
would have acted more responsibly and helped me when it actually mattered. You
don't want justice here, you want to try to justify the cost of a tainted
investigation. You want to pass the buck to me to pay in jail time and
ridiculous fines.
Meanwhile I am busting
my ass trying to run a responsible business, dealing with my father dying of
congenital heart failure, and I represent absolutely no danger or threat to the
community. The main suspect you were after is forced to live with his father
now, because I hear he overdosed on much harder drugs (heroin and meth) and
destroyed his brain. So he ruined himself. He didn't need your help with that.
Maybe if the people that blew my case did some more responsible investigation
of the guy they would have found out he had a connection to more dangerous drugs
and more meaningful crimes to investigate and forward to you for prosecution.
You put me in fight
mode, Andrew, and this is how I fight back. I will publish my accounting of
this for the world to see. Your name will forever be associated with this case.
Any time anyone does a search on Google for your name, this case will come up
all over the first page of results. The legal system is not a game to me. It is
important for me to establish that abuse of the courts should not be accepted,
and not having a lawyer is the only way I can do this, because any systemized
lawyer will stop at bucking the system. I will not. There is nothing you can do
if I publish the truth. Are you truly proud of this case and your conduct thus
far? I highly doubt it.
This is no longer
about any anger or animosity I have toward you. This is about making sure it
never happens again to another person like me. I do not deserve to have to go
through this, and anybody in the same position I was when arrested could say
the same thing. If I make some kind of deal with you or talk to you about the
leaks and the case is still ongoing, I lose any thunder I have to bring it out
at trial or even before then. I need all the thunder I can get. This will not
be easy, but I have never had an easy case before. They are always difficult,
stressful and daunting for a layman like me, but I have more motivation here,
because this is wrong all around. Any jury will agree with me when they hear
the facts, and the appeals court will know when they review the record that the
judge's ruling skipped over multiple key points relating to your conduct.
You will destroy
yourself. The corrupt ones always do. Your term as County Attorney will not be
a long one. Judge O'Neil's opinion of you will change when I subpoena the Chief
of the Belmont Police and Officer Riley. When I expose the leaks in open court
that you did nothing to help me prosecute or pursue, he will know he should
have mentioned that aspect of my case when he wrote his ruling in your favor.
The only responsible thing for you to do is dismiss your case. I know you won't
do that. I know you probably think you can't, but in reality you can't afford
to pursue it. It will blow up right in your face, and I will not be as nice as
I have been so far. I've barely scratched the surface of alerting the general
public to this situation. Residents of this state need to know how the law
enforcement agencies they pay for really operate. National funding is being
provided for the opioid crisis and is likely being wasted on cases like
mine.
More importantly, you
have much better cases to pursue that will have a much more meaningful impact
on real crimes. You can try to nail me to the wall. I welcome it. That works
for me. Try as hard as you can, and please do continue to use the full force of
the law. The more overbearing the system is, the better for the story of how I
fought back and won.
I will be delivering
my notice of intent to appeal early next week. My motion to suppress will
follow that very closely. The appeal will let everyone know that I am not going
to let any setback discourage me, because I know my rights were violated and I
know judges and lawyers are all the same to a certain extent, even the ones you
think will do the right thing and listen to reason. The only way to ensure the
checks and balances work properly is to appeal. I know how, and I will make
this a landmark case.
So keep up the good work, and I'll see you at the next
hearing.
Dear Mr. Bergeron:
I am writing to
communicate my offer in regards to a disposition of your case.
If you desire to plead
guilty, I would offer the following as a negotiated plea:
· 12 months in the house of corrections with six months suspended,
2 years’ probation and restitution for one count of sale of a controlled
substance
· 1 ½ to 3 years in NHSP fully suspended for 3 years on two other
felonies; those sentences would be consecutive to the first one, but concurrent
with each other
· Nol pros the remaining 3 charges
I know that you are
not very familiar with the criminal process, so I will try to explain what this
means. It means you would plead guilty to three of the six charges, and I
would agree to dismiss the other three. On one of the three charges, you
would be sentenced to 12 months in the HOC, but you would only have to serve
six months of that in jail, the other six months would be suspended. That
means as long as you don’t commit any new crimes in the next 3 years, you
wouldn’t serve any additional time.
With regards to the
six months in jail, under the DOC rules, you get “good time” credit for 1/3 off
if you remain of good behavior. So in actuality, if you accepted this
plea, you would only end up serving four months in jail if you were a good
inmate.
Understand that with
probation, if you violate the terms of probation you could be re-sentenced to
anything up to the maximum sentence at the court’s discretion. So it is
important to comply with the terms of probation.
For the other two
sentences, you would not have to serve any actual time – it would be 1 1/2 to 3
years in prison, fully suspended. So again, if you remain of good
behavior for three years, you would not have to serve any of that time.
But if you violated your good behavior, the 1 ½ to 3 years would be consecutive
to (i.e. in addition to) the sentence you received on the first case.
Those are the terms I
am willing to agree to if you are interested in disposing of this case without
a trial.
Please understand
that: (a) this offer will only remain open up until the time of the final
pre-trial conference or any hearings on motions to suppress evidence (whichever
comes first); (b) I reserve my right to withdraw this offer at any point if I
learn of additional crimes you have committed or any other wrongdoing that I am
not currently aware of.
If you are interested
in pleading guilty in accordance with these terms, or if you have a
counteroffer, please let me know. Also, if you have any additional
questions, please do not hesitate to contact me.
Yours truly,
Andrew Livernois
Not a chance. I have no record. I will take it to trial if this
is your best offer. This was a manufactured case, and I was only prosecuted
because I would not cooperate with a compromised investigation.
That is your right. If you
have a counterproposal, please feel free to let me know. Otherwise I will
see you at the dispositional conference in August.
No jail time whatsoever, no fines, limited probation, and I
give you information that will lead to the prosecution of individuals to from
the Drug Task Force and the Sheriff's Office who purposely leaked knowledge of
an investigation to XXXXXXXX.
Or we fight through some motions, weaken your case and then
see each other at a very contentious trial where people will get embarrassed,
careers will be ruined, and all your witnesses will have to commit perjury to
back up their original bogus statements.
I find it fascinating
that you and your cronies would rather drag me over the coals because I
wouldn't cooperate instead of doing ACTUAL POLICE WORK and eliminating the
people within law enforcement who are responsible for alerting the main suspect
in this investigation. Two rats are in your midst and you don't even want to
put out traps. You'll just let them infest local law enforcement channels and
warn other friends and relatives of oncoming trouble.
I have definitive
proof that will be brought to bear at the trial and in sworn affidavits
attached to the coming motions I will be filing.Proof that I came to you
repeatedly asking for help and offering to cooperate with law enforcement and
provide actionable information on the individuals who leaked knowledge of the
investigation to XXXXXXX. I already filed proof that my life was at risk if I
cooperated because the suspect was armed and upon my knowledge and information,
was capable of killing someone that could set him up for the kind of time my
cooperation would have guaranteed he would have to serve.
Nobody lifted a finger
to go after the leakers, and I alerted the Belmont Police just as you
suggested. I reached out to both the CHIEF OF POLICE AND OFFICER RILEY. Why was
nothing done?
I'll be asking you that at the stand at my trial. You won't be
prosecuting it yourself. I hope you have a good assistant.
Mr. Bergeron:
My recommendation to you would be that you consider utilizing your stand-by counsel for purposes of negotiating a disposition in this case (if you are interested in trying to do that). I think that would be the more fruitful approach.
Yours truly,
Andrew Livernois
Sent from my iPhone
My recommendation to you would be that you consider utilizing your stand-by counsel for purposes of negotiating a disposition in this case (if you are interested in trying to do that). I think that would be the more fruitful approach.
Yours truly,
Andrew Livernois
Sent from my iPhone
You have done nothing to advance true justice in this case,
Andrew, and you are using your position to make an example out of someone who
absolutely never deserved it. I will not ever in my life forget the way you
handled this case, and if by some miracle I should win the case I will
certainly see to it that you pay financially for your refusal to pursue these
leaks and bring real people doing damage to key investigations to justice. You
have been a cover up artist from the start, since before you ever came to the
county attorney's office, and I will expose that for the public and the court.
You don't care about applying the law fairly. You just want your conviction for
a bogus, bullshit, never should have happened entrapment scheme. I'm not
scared, Andrew. Bring it on!
Andrew,
I would just like to
clarify and expand on my discovery request.
I am requesting any
and all: Procedures, protocols, guidelines and standing orders regarding the
following:
How controlled buy
targets are acquired and how DTF agents are instructed in this regard to find
appropriate targets
Cautionary measures to
prevent entrapment issues from arising, and any instruction materials in this
regard or evidence of formal training received by officers involved in this
case in regard to entrapment specifically.
How investigations are
approved to engage in controlled buys with targets, what steps are taken to
verify criminal records as reported by officers requesting approval for
investigations.
Additionally:
How many people are
involved in the signing off of investigations, warrants, etc. and in this case
what are the full names and ranks/positions of everyone involved in
reviewing/approving all investigative actions in my case, up to and including
the arrest warrant?
What criteria are
police officers who join the DTF given to be eligible to apply and/or
coordinate with the DTF?
I would like all general
information/guidelines/recruiting methods regarding how these local police
officers end up working with the DTF and whether they ever receive additional
or specialized training as a result of their entry onto the DTF.
Thank You,
Rich Bergeron
Andrew,
Are you going to
comply with my discovery request, or do I need to file the formal motion for
discovery on this? I have no problem doing so.
You seem awfully quiet
since I filed my recent affidavit. I hope you lie just as poorly on the stand
as you did in court the other day.
I look forward to facing you where it really matters, in front
of a jury of regular people who don't assume people are "most-likely
guilty." I thought you knew defendants are "presumed innocent until
proven guilty." Maybe they skipped that lesson in your criminal law
training.
Mr. Bergeron:
I am still in the
process of reviewing your discovery request to ascertain: (a) whether the items
you have requested actually exist or not, and (b) whether you are entitled to
receive them.
I anticipate that you
will receive a response from me next week sometime, providing you with those
materials which exist which you are entitled to receive, and an explanation as
to what you are not being provided.
Yours,
Andrew Livernois
/s/ Andrew B.
Livernois
Andrew B. Livernois,
Esq.
Belknap County
Attorney
64 Court Street
Laconia, NH 03246
603-527-5440
Mr. Bergeron:
I am writing in response
to the discovery request which you provided to me via email on August 31, 2019.
As an initial matter,
I would point out that your final three requests for discovery (i.e. the three
paragraphs which follow the word “Additionally”) are not requests for documents
or things, but appear to be questions which you are posing regarding how DTF
operates. New Hampshire Rules of Criminal Procedure do not allow for the
use of interrogatories as a form of discovery. Therefore, the State
objects to those requests, and will not provide you a response to those
questions.
With regard to your
first three requests for discovery, those involve requests for copies of DTF
“procedures, protocols, guidelines and standing orders.” The State
objects to your request on the following grounds. First, your request is
outside of the scope of both RSA 592-B:6 and Rule 12 of the Rules of Criminal
Procedure. Those two provisions delimit the scope of discovery in
criminal cases. Second, the State objects to turning over DTF procedures,
policies or orders on the ground that the public dissemination of those
confidential materials could adversely impact the ability of the DTF to carry
out its mission and could interfere with law enforcement operations.
Thirdly, based upon my conversations with DTF, I do not believe that they have
any policies or directives that specifically deal with the issues you have
identified (e.g. how targets for controlled buys are obtained, or for avoiding
entrapment, etc.).
Finally, I object to
all of your requests on the ground that the information you are requesting is
not relevant or material to any of the issues in this case, is not exculpatory,
and is overly broad and unduly burdensome.
For all of the
foregoing reasons, your discovery request is being denied at this time.
Yours truly,
Andrew
Livernois
/s/ Andrew
B. Livernois
Andrew
B. Livernois, Esq.
Belknap
County Attorney
64
Court Street
Laconia,
NH 03246
603-527-5440
Then you lied to the judge when you promised to cooperate
with my request, and you lied again on the 14th when you said you'd have it in
a week. You never intended to comply with my requests at all, and you could
have very well told me what you just told me well within the time frame you
gave me, but I agreed not to do a formal motion within the deadline period only
because you said you'd comply.
No, Mr. Bergeron, I
did not lie. I told the judge that I would review your request and would
give you those items that we determined were appropriate to be turned
over. After consultation with the supervisors at the Drug Task Force, we
made the determination that you are not entitled to any of the information that
you requested.
If you would like to
file a formal motion seeking the discovery, you are certainly welcome to do
so. I will waive any issues with regard to the formal deadline for
discovery motions, since it took me longer than expected to get you a
response. I don’t expect that the deadline will be an issue, since the
judge routinely allows late filings. If it did become an issue, I would
be happy to explain to the judge that your motion is late because I took extra
time to respond to your email discovery request.
Yours,
/s/ Andrew
B. Livernois
Andrew
B. Livernois, Esq.
Belknap
County Attorney
64
Court Street
Laconia,
NH 03246
603-527-5440
You can call it whatever you want to if it
makes you feel better, but you lied, and you continue to lie to support this
garbage case. The jury will hear about all these lies and all your attempts to
avoid admitting all the mistakes that were made with this case from the very
beginning. Two juries will hear all about it if you lose, so make sure you
figure out a way to explain how lies aren't really lies when the evidence shows
that's exactly what they are. I am going to love hearing how you explain that
to a criminal jury. You keep telling lies and framing them as innocent
misunderstandings. It's guaranteed to help that jury see that you don't care at
all about justice in this case. You never did.
Also, on a side note,
if the DTF isn't comfortable revealing the information I'm asking for, how can
they be comfortable with a rat in their midst telling targets of investigations
that they better watch out? Keeping a couple policies and procedures secret is
going to seem pointless when I get these people on the stand. I will publicly
reveal the names of the leakers and ask about their associations with law
enforcement involved in this case. If you want to comply with the discovery
request and keep the information under seal, I have no problem with that. I
will agree that I could be fined if I reveal or disseminate it in any way. Then
what would be your excuse?
Just remember, I gave you a chance to catch the leakers,
multiple chances in fact. You didn't want any part of it. How do you think the
jury is going to rule when they find out that you absolutely do not want to do
anything in your power to catch people who are compromising investigations? All
the legal tricks and maneuvers you can muster up will not overshadow the truth.
The truth ruins your case, your credibility, two law enforcement careers at
least, and your bank account when all the dust settles and I take YOU to court.
All you get by winning is to be able to put a good, hard working guy in prison
for no justifiable reason. What happens when you lose, though? Have you thought
about that? Is it worth spending more time in civil court with me? You have no
idea what kind of dedication I have and what kind of drive I have to make you
personally accountable for your actions.
Mr. Bergeron:
With all due respect,
the reason why this case is going to necessarily go to trial is because you
will not engage in any meaningful discussions about a possible plea bargain,
and instead choose to simply throw around accusations and incendiary language.
I certainly recognize
that this case is not one of the most serious that my office handles, but if
you are not willing to look at the situation somewhat objectively and
dispassionately, and instead insist on an “all or nothing” approach, then there
is nothing to do but take it to trial.
You know what you did;
you know that you sold marijuana on six different occasions to an undercover
police officer. I understand that you think it’s not fair that you were
targeted by DTF, and you think you were entrapped. But the fact remains
that you did what you did. And so the question is – what is a reasonable
punishment for someone who engages in that behavior, given that it is still a
crime to sell marijuana in this state.
Until you are willing
to have a reasonable conversation about that question, this case will continue
toward the inevitable trial.
As for why I do not
respond to all of your wild accusations in front of Judge O’Neill – I see no
need to respond. I know the truth, that there is no merit to your insults
and accusations, and I know that Judge O’Neill does not put any stock in those
claims either, as he is able to observe how I run my office and prosecute cases
day in and day out. So I choose not to waste the Court’s time in
responding. Things will be different in front of the jury, as you will
see.
This case is not
personal to me, Mr. Bergeron. I am simply doing my job. You were
arrested by DTF following a lengthy investigation, and those charges were
brought to me to prosecute. I have pursued this case in the same way I
would any other drug sale case, and will continue to do so. You have an
absolute right to a trial, and if that is what you want, that is what you will
get. If you would prefer to resolve this case some other way, then make
me a realistic counter-offer. If you have questions about what sort of
counter-offer would be “realistic”, you should confer with Attorney Smith on
that point.
Yours truly,
Andrew Livernois
I want a trial,
Andrew. I want you to have to do the work to try to make this stick. And, it
was you who refused the first and only discussion that would have made me a
cooperator instead of an adversary. You betrayed any trust I could have had in
you when you refused to speak to me unless I had an attorney. Now you know what
it's like to want to resolve something without jumping through a bunch of
ridiculous hoops, but the other side won't let you.
I have thought this
through, and I don't have to or need to sit down with you at this point. I
don't trust you, and I don't think you care enough about this case in the first
place to really pursue it with any genuine passion. Take it to trial. That's
fine with me. I want that more than anything. That is my opportunity to put all
the pieces together and show that the DTF is a broken organization that learns
nothing from their mistakes, even when lives are lost, or in my case when a
life is at risk.
You did offer to allow
a continuance with my father's death, but the point is I don't want this
hanging over my head. This almost got me killed. Officer
Beaulieu doesn't deserve to be able to skip out on his responsibilities to
press this case if he thinks he did good work. I want it ended, and the only
way to do it without getting killed for cooperating at this stage since you
won't lift a finger to eliminate the leaks, is to win my trial. I'll make that
case, and you will look back and regret snubbing me when I first wanted to
meet. I bet you already do. That was truly the worst mistake you could have
made.
Taking it to trial will be the next worst mistake, but I'm
looking forward to watching you make it. I have revelations that will come out
in cross that will shake the system from the ground up.
I
honestly think I need to report you to the FBI for obstruction of justice at
this point, Andrew.
It's bad enough that
you turned a blind eye to the leaks, but now you want no mention of them at the
trial. That is indicative as to how far you will go to protect your friends in
law enforcement, no matter how unethical or even illegal their approach
is.
These motions are a desperation move on your part. You can't
bury the truth, though. It will emerge one way or another.
Mr. Bergeron:
As I have told you
repeatedly, I am willing to sit down with you any time you wish to discuss your
claims about leaks. It was you who flatly refused to discuss it with me
after your arraignment, and who has continued to refuse to discuss those
matters with me to this day.
As a result, I have no
evidence of any leaks, other than your vague and completely uncorroborated
claims.
Moreover, none of that
changes the fact that your allegations of “leaks” from law enforcement have
absolutely no bearing on the question of whether you are guilty or not guilty
of selling marijuana to an undercover police officer.
Yours truly,
Andrew Livernois
/s/ Andrew B.
Livernois
Andrew B. Livernois,
Esq.
Belknap County
Attorney
64 Court Street
Laconia, NH 03246
603-527-5440
You forget it was YOU
who told Judge O'Neil in open court that I could argue outrageous government
conduct at trial. I was also entrapped, which makes all your so-called evidence
of sales absolutely moot. YOU are responsible for the government conduct that
made it impossible for me to trust you and cooperate in any fashion. YOU had an
opportunity to meet with me and prove you aren't corrupt and dishonest. YOU
squandered it. Both your refusal to meet with me when it counted and your
actions to prevent law enforcement officials from speaking with me about leaks
gave me all the evidence I needed that you cannot be trusted and I cannot get
any hep from you. You are a liar, plain and simple, and you want your
communications out because they prove that beyond any reasonable doubt that you
lied to the judge. You continue to think that I should make a plea deal,
because you NEED one to make this nightmare go away. It's not going away, and
your recent motions make a civil case even more likely because you are truly
acting like the guilty party already. No jury will believe your bullshit,
Andrew. This case is going to fail in the worst possible way for you and the
Drug Task Force, and you should end it before it gets any uglier for your
career. By the way, Outrageous Government Conduct is decided by the judge, so there
is no chance of confusing the jury if they are instructed properly that all the
evidence they hear in that regard is for the judge to consider and only for
background in their deliberations on the sales charges.
Also, I am not
alleging a conspiracy of any kind. What is happening, and what you are
furthering with your recent motions is another C word. It's a coverup. You are
the main architect of that, and you will pay for violating my rights when I win
this case and take you and the DTF to civil court.
Your unquestionable loyalty
to the Drug Task Force is telling. Why would I have any reason to trust you at
this stage, honestly? You are literally in their back pocket. You betrayed your
willingness to toe their line when you sought to exclude the review board
findings so quickly. My record, as false as it was when officers first looked
it up can be fair game but the Drug Task Force's record is irrelevant? Good
luck telling that to the judge. You haven't acted out of any semblance of
fairness and justice and you keep harping on this bullshit that I need to be
punished for my crimes. These were victimless crimes that I was entrapped to
commit. The only thing you gain by convicting me is making your buddies at the
DTF look good and adding another statistic to the conviction column for
yourself. You'll sell your soul and your integrity to get that conviction, but
I'll stand on the truth through the whole trial. Even though it's wrong and
offends any notion of real justice, you will continue to railroad me and try to
make my life a living Hell for a complete farce of a cause. What are you
winning? Who are you saving or helping? It's a hollow victory if you do get
one, and if you don't it will be an easy civil case, so it's on you. I don't
feel the slightest bit of regret for not trusting you. You earned my mistrust
from the jump. If it's been no problem for you to meet with me after
arraignment when my name had already been dragged through the mud, you
shouldn't have had any issue meeting with me before arraignment when something
tangible could have been done to avoid this whole mess. That's not going to be
on my conscience that I didn't give you a fair chance when I take you to civil
court. It's the other way around. You disrespected me from the start of this
case, and I gave you an honest chance to salvage something worth pursuing. Now
it will be pursued at trial, because I had to do my own investigation without
your help, and what I found is going to lead to an easy acquittal. Take your
chances. You will never be able to say I didn't warn you, even if you do get
all our communications excluded.
Either
you or Scott Sweet lied about my discovery request. Or whoever you talked to at
the Drug Task Force gave you bogus information. I have "smoking gun"
evidence to bring to the next hearing. You ought to use this time off you have
now to figure out how you can gracefully drop this case. I might have to file a
motion for contempt to find out which one of you lied. Maybe both of you are
lying in coordination. I wouldn't put it past you. We know you are a proven
liar.
Mr. Bergeron:
I have certainly never lied to you. If you have
information about additional discovery that exists that I am unaware of, please
tell me and I will be happy to look into whether it exists and whether we can
disclose it to you.
Yours,
Andrew Livernois
If you didn't lie, you
took the word of the first person you asked. Every attorney, civil or criminal,
has a duty to truly investigate the facts of his case. You've failed in that
duty.
What you need to
remember is I am a reporter and investigator first and a lawyer only by last
resort. I have the ability to find information you think it would be impossible
for me to acquire. It's called research. Like, for instance, the attached
manual. If I can find that manual with no formal authority or license to be
given access, don't you think I can get the policies and procedures you and
your DTF buddies are hiding?
I know they exist, and
if you did your homework, you would know you've been hoodwinked, too. Your
friends are lying to you now. They are throwing YOU under the bus.
I am giving you the
courtesy of informing you of these facts so you can avoid ruining your
reputation and subjecting yourself to years of civil legal wrangling by going to
trial. I'm not hoping to work with you at all at this point. As I've said
countless times, I don't trust you. You've blown a few chances to end this
sensibly, and I will not feel the least bit bad about calling you out for the
way you've disrespected me every step of the way. I want a trial. I can win a
trial.
Dozens of people I've
dealt with in my investigations followed the very same pattern you are
following with this case. It was primarily because they all had a great deal to
hide that I could easily find if I looked hard enough. Also, it was because I
set the correct conditions for them to make mistakes. I made them trip
themselves up, and I'm doing that to you here with better results than ever.
It's time for you to make your retreat and give up on this useless war you are
waging. You will never win.
The only offer you
will ever get from here on out is this one:
I will sign a formal
agreement that I will not file a civil suit of any kind against you or any
representative of the state attorney general's office (including the
DTF)...
IF: you drop all
charges against me voluntarily with no conditions.
I would also consider
giving up any legal right to publicize this case or the events surrounding it
if you surrender this senseless effort sooner rather than later.
The day the trial
starts, this offer goes away. This is the only "reasonable" offer you
will ever receive. I don't give a damn if you think I need to consult with my
standby counsel to come up with something you will agree to. This is not about
ending the case on YOUR terms. You had the chance to do that, and you blew
it.
I know you better than
you think I do, and I already know from our email chains that you are a man who
values your reputation for integrity, and when the judge sees an accused
criminal exhibiting more integrity than you and your DTF buddies it is going to
be hard for you to have to confront that you are indeed a documented liar. You
are also doing the bidding for liars and not even bothering to check their
facts. It's going to be embarrassing to you when a jury hears all about your
unethical behavior that all the gutless public defenders you face are too
afraid to call you out for.
I told you all this
would happen, though, didn't I? You kept right on chugging trying to convict me
at all costs, because I needed you to do that. I knew you would do that. Make
it a federal case. The bigger the better. Use the whole weight of the
government to squash me. I'll only benefit because it will show you are
dropping a nuclear bomb to kill an ant. Why would you do that? Because the
coverup is worse than the crime. And I need to be punished because I wouldn't
kill myself.
I'm not giving you all
these opportunities to change your mind about this case and me because I hate
you or want to see you suffer, Andrew. Honestly, I'm trying to save your hide
and give you a graceful way to stop the madness. It's the only olive branch you
will ever get from me. I haven't had the chance to appreciate why Judge O'Neil
takes your every word as gospel, but Caroline tells me you are a good guy
overall. I just know you haven't been one when it comes to this case, and I
know my approach brought that side out of you. It's one of those unfair
advantages I have as a self-represented party. I've found out that often the
"disadvantages" we have in the way of being discriminated against by
the process can be far outweighed by capitalizing on the freedoms enjoyed by a
pro-se party that an at-bar attorney does not have.
People hear that I'm
representing myself and they expect a blithering idiot making himself look
silly for trying. Everybody loves an underdog who steps up and shows he's more
than capable of doing the thing nobody expects him to be able to do. No matter
what way you think the case is going now, you've already lost this trial. I'm
willing to make these concessions purely out of courtesy for the hard work
you've put in to get where you are. I know you have a thankless job and
sometimes you can get caught in a situation like this when you think it's all
for some great purpose and progress toward a genuine goal. Unfortunately, you
landed on a dud of a case and it's hopeless to pursue it any further. I know my
attitude's made it very hard for you to give me any kind of a win, but you need
to remember I'm just doing my job, too. Spending time in a jail cell is not
going to help me out at this stage of my life. Probation is useless when I'm
already a productive member of society. I run a business. I employ people in
this community. I serve the public need. I'm not a dealer by any stretch.
Also, the war on drugs
is going to end when it comes to marijuana, and every conviction will be
expunged if a democrat gets elected to the presidency next year.
Even Joe Biden:
So, the times are
changing. Just like I told you at the beginning of all this. And I know you are
a democrat. It will be tough to find someone you can vote for who doesn't want
to decriminalize weed.
I plan to seek jury
nullification as a vein of my defense as well, the third prong. Do you really
want to take your chances at trial with all these potential land mines you
could step on?
I know it's going to
suck for you, but do the right thing and end this. Blame the task force. They
honestly fucked up on this one, and you just tried to pick up the pieces and
make a case where there wasn't one to make. I can forgive and forget all that if
you just step up and admit it and walk away now, before it's too late and you
destroy yourself. I really don't want to see that, but I'll make it happen if
you force me to.
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