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Andrew Livernois Can't Handle The Truth

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Belknap County Attorney Andrew Livernois has a problem with the truth being in the public eye when it makes him look bad. This motion represents his desperate attempt to silence my exposure of the weaknesses of his case. I am also exposing corruption in law enforcement, the same corruption he refused to acknowledge and do anything about. He even managed to have any mention of leaks I wanted to expose eliminated from being discussed at the trial. The public needs to know this County Attorney is willing to do whatever it takes to bury the truth if it makes law enforcement look bad. Please visit www.nhdrugtaskforce.com for more information.

Published in: Law
  • This motion is in response to the following letter to the editor I wrote to the Laconia Sun: https://www.laconiadailysun.com/opinion/letters_to_editor/rich-bergeron-livernois-still-trying-to-paint-me-a-public-enemy-number-1/article_09a1e9b4-99cc-11ea-be19-330021932811.html
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Andrew Livernois Can't Handle The Truth

  1. 1. 1 THE STATE OF NEW HAMPSHIRE BELKNAP, SS SUPERIOR COURT THE STATE OF NEW HAMPSHIRE v. RICHARD E. BERGERON, III. 211-2019-CR-163 STATE’S MOTION FOR A COURT ORDER PROHIBITING PRE-TRIAL PUBLICITY NOW COMES the State of New Hampshire, by and through the Office of the Belknap County Attorney, Keith G. Cormier, Deputy County Attorney, and moves for an order from the Court prohibiting the Defendant from making any additional extrajudicial public statements in the media regarding the above-captioned case, stating as follows: 1. The Defendant has been charged with six felony charges for allegedly selling marijuana to an undercover police officer. This case is currently scheduled for a jury trial in Belknap County on or about October 5, 2020. 2. The Defendant has chosen to represent himself pro se in this case and is therefore acting as his own attorney. 3. The Defendant recently submitted a letter-to-the-editor to the Laconia Daily Sun, a newspaper of general circulation in this County which was published in the May 20, 2020 edition (a copy of which is attached as Exhibit A to this motion) in which he discussed in great detail the underlying facts related to his case, as well as his belief that his prosecution is unjust. It is clear from the text of the letter that the Defendant is seeking to sway public opinion in his favor and influence the potential jury pool in this case. Filed File Date: 5/22/2020 9:40 AM Belknap Superior Court E-Filed Document
  2. 2. 2 4. In a subsequent email to Belknap County Attorney Andrew Livernois (a copy of which is attached as Exhibit B) the Defendant made clear that he intends to continue to try to use pre- trial publicity to improperly affect the outcome of this litigation. 5. The Defendant’s behavior in this regard is in clear violation of Rule of Professional Conduct 3.6. Under that rule, a lawyer who is participating in litigation “shall not make an extrajudicial statement that the lawyer knows or reasonably should know will be disseminated by means of public communication and will have a substantial likelihood of materially prejudicing an adjudicative proceeding in the matter.” N.H. Rule. Prof. Cond. 3.6(a) (emphasis added). 6. The rule goes on to give additional guidance as to the types of statements which are violative of this provision. The rule makes clear that statements which discuss “any opinion as to the guilt or innocence of a defendant or a suspect in a criminal case” are prohibited. Id. At 3.6(b)(4). Additionally, any statements which discuss “the character, credibility, [or] reputation . . . of a party . . . or witness . . . or the expected testimony of a party or witness” are not allowed. Id. at 3.6(b)(1). 7. The letter-to-the-editor clearly violates this rule, in that it makes brazen statements directly discussing the reputation and testimony of witnesses and parties and setting forth the Defendant’s arguments as to why he should be exonerated. 8. The purpose of Rule 3.6 is clear – it is to protect the integrity of the judicial system. Extra- judicial statements in the media strike at the heart of the fair and impartial administration of justice and threaten to undermine the integrity of the criminal justice system, and therefore cannot be allowed to occur.
  3. 3. 3 9. The fact that the Defendant is appearing pro se and is not a licensed attorney does not excuse this behavior. Pro se litigants are expected to be familiar with, and to follow, all rules of procedure and other court rules. State v. Hofland, 151 N.H. 322, 327 (2004) (pro se litigants responsible for knowing content of court rules applicable to their actions); DeButts v. LaRoche, 142 N.H. 845, 847 (1998) (same). 10. Courts have held that so-called “gag orders” prohibiting prejudicial pretrial publicity by attorneys, parties and witnesses are allowable under the First Amendment and do not constitute unreasonable prior restraint in circumstances where the extra- judicial statements are “reasonably likely” to prejudice the proceedings. See, e.g. In re Application of Dow Jones & Company, Inc., 842 F.2d 603, 610 (2d Cir.), cert. denied, 488 U.S. 946, 109 S.Ct. 377, 102 L.Ed.2d 365 (1988); Radio & Television News Ass'n v. United States District Court, 781 F.2d 1443, 1447 (9th Cir.1986); Pedini v. Bowles, 940 F. Supp. 1020, 1023 (N.D. Tex. 1996). 11. Defendant has demonstrated that he is attempting to use pre-trial publicity to sway the jury in this case, and that he intends to continue such behavior unless this court puts a stop to it. WHEREFORE the State respectfully requests that the Honorable Court: A. Enter an order prohibiting the Defendant from making any additional extrajudicial public statements in the media regarding the above-captioned case; and B. Grant such additional relief as is just and proper.
  4. 4. 4 Respectfully submitted, State of New Hampshire May 22, 2020 _____/s/Keith G. Cormier____________ Keith G. Cormier, Esq., Bar ID # 267681 Deputy Belknap County Attorney 64 Court St., Laconia, NH 03246 Tel. 603-527-5440 CERTIFICATE OF SERVICE I hereby certify that on this date a copy of this motion has been forwarded on Richard Bergeron, pro se, 107 Cotton Hill Road, Belmont, NH 03220, and Carrie Smith, Esq. _____/s/Keith G. Cormier____________ Keith G. Cormier, Esq. Deputy County Attorney

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