Petition 22: the Joe Haas Petition

Additional commentary by Timothy Horrigan

(member of the House Petitions & Redress Committee)

See also:

This petition is filed by Joseph Haas: he is not be confused with Nic & Samantha Haas. They are not related to Joseph, as far as I know.


PETITION 22
PETITION FOR REDRESS OF GRIEVANCE

TO: The Honorable House of Representatives
FROM:
Petitioner Representative Seth Cohn, Merrimack 6
DATE:
October 14, 2011
SUBJECT:
Grievance of Joseph Haas

Your Petitioner Representative Cohn on behalf of Joseph Haas, hereinafter presents the following summary of his grievance involving Attorney General Michael Delaney and Assistant Attorney General Benjamin Agati and invokes the constitutional authority and duty of the Honorable House of Representatives pursuant to Articles 31 and 32 to bring about redress:

Grievance involving Attorney General Michael Delaney and Assistant Attorney General Benjamin Agati for dismissing criminal complaint case number 2010-CR-02343 in Laconia District Court without authority or consent to dismiss such case, resulting in Mr. Haas being denied the protections afforded the citizens of New Hampshire under Part 1, Article 12 of the New Hampshire Constitution.

Wherefore, your Petitioner prays that the House of Representatives consider this proposed remedy:

  1. Introduce legislation to compensate Mr. Haas in the amount of $250 in damages.

  2. Examine whether the actions of Attorney General Michael Delaney and Assistant Attorney General Benjamin Agati regarding case number 2010-CR-02343 constitute malfeasance which should be addressed by the legislature.

Respectfully submitted by Petitioner Representative Cohn on Behalf of Joseph Haas.


See Also (all in PDF format):



Mr. Haas sent eight emails to the committee in advance of his February 14, 2012 hearing, and more afterwards. For now I will just share his summary with you. The gist of the case seems to be that Mr. Haas served the Census Bureau a "no trespassing notice" before the 2010 decennial census, one or more enumerators visited his house anyway, he filed a criminal complaint for trespassing, and the state Attorney General's office refused to prosecute.

The specific census employee Mr. Haas tried to prosecute wasn't even one of the enumerators who visited his house. The defendant was some random administrative-type temp who happened to be there the day Haas showed up at a temporary Census office in Concord with his incomprehensible (and nonbinding) "no trespassing notice."

This email is addressed to Rep. Seth Cohn (R-Canterbury):

From: josephshaasjr@hotmail.com

To: seth.cohn@leg.state.nh.us

Subject: Narrative to Grievance #22

Date: Mon, 30 Jan 2012 11:21:03 -0500

Seth:


1. Here's a "narrative" (per Paul's suggestion as the Chairman of Grievance) toward that "conclusion" already sent, as I tested out on a State Rep. last Friday over at the L.O.B. in the hallway by the elevator while waiting for an 11:30 a.m. Public Hearing in State-Fed that didn't get started until about 2:50 o'clock p.m. Of this off the top of my head:


2. In the Fall of 2009 by e-mail to the U.S. Census in Washington D.C. plus a follow-up in person BEFORE April 1st to the one and only place in N.H. of them located on The Heights in Concord, (thanks to the Reference Librarian at the N.H. State Library who first sent me over to their very first landing spot at The L.G.C.: Local Government Center, behind TARGET) I did meet with Public Relations Officer, Robert H. Mills behind The Mattress Store there in the Parking Lot as he came down the stairs from his 2nd floor office where I checked in , and who I did deliver to him my NO TRESPASSING Notice in writing, and did verbally tell him my exact # and street address in Gilmanton that he did write down on the original that he said he would process.


3. But then after the April 1st, 2010 Census day, a woman from the U.S. Census Branch office in Portsmouth came to my house looking for me to answer the questions in the plural from the drop-off of the bag to my front door knob done sometime prior. I asked her why her boss did not relay to her of my Notice, and she could not answer the question, as  she was never told.  That resulted in my getting a call from her woman supervisor in Portsmouth and my talk with her of what I had already talked about with written Notice to Mills in Concord, of me eventually talking with the N.H. woman boss in Concord and Regional Supervisor woman boss in Boston, plus also with a phone call to Washington for Dr. Robert Groves, the National head* of me having never spoken to, of only his inferiors.


4. Then or inbetween these calls a second visit resulted in two more U.S. Census takers to visit, that resulted in me having the Concord Police serve Mills with a day and time in court for an arraignment on a trespass charge in Laconia District Court. And since the local Chief of Police after advise of Town Selectmen refused to prosecute Mills as I gave him first option of this violation of my Article 12 "protection" from being controlled over by these other laws of Congress, being the U.S. Codes withOUT my "Consent".** The Notice was that of also willing to answer that one question (not the community survey of multiple questions) but only AFTER the 40USC255 to 3112 "head"* of "agency" for the U.S. Census filed his operating papers with the N.H. Secretary of State, as required by 1-8-17 U.S. Constitution** and N.H. R.S.A. Chapter 123:1 as spelled out in U.S. Attorney Manual 664 of their legal counsel in a government owned building at Pleasant Street in Concord, even though their temporary U.S. Census office was rented.  This is what Mills told me in court of that his attorney of the U.S. Attorney or one of his assistants told him not to plead Respondeat Superior of to let a superior answer to the charge, as outlined by me as the 4th option to: guilty, not guilty or no-lo, but to plead not guilty.  He was there with another man in court, but just as a witness only to the court proceedings.


5. Afterwards N.H. Assistant Attorney General Benjamin Agati did travel from Concord to Laconia to write "nol pros" on my complaint.  This he had no power to do, as the A.G. and his staff can only prosecute in Superior or Supreme Court, NOT District, and by case-law of David Hackett Souter in the State (by Haas) v. (James H.) Rollins case of 1987 I think it is on the internet can nol-pros too, but only AFTER examining the evidence.  The evidence being NOT my original complaint, but that of the original Notice to Mills of which he DID mark down my street # and address.  Agati's reason for the nol pros he wrote after my Motion to Reconsider being that of MISSING this # and street ON the copy of MY Notice to the court BUT of WITH this explanation withIN the paperwork, BUT that NOT of THE evidence!


Yours truly, Joe Haas



On May 23, 2012, the committee voted 9-2 to approve Mr. Haas's report. No subsequent legislative action has occurred since then, even Mr. Haas would understandably feels that he should receive some money from the state now that his petition has been approved:

Petition  #22: grievance of Joseph S. Haas, Jr.

MAJORITY

Grievance Founded.


Committee Majority Findings:

The petitioner instituted a private criminal prosecution in Laconia District Court against officials of the federal government for trespass. The Office of the Attorney General intervened under the supposed authority of State v. Rollins, 129 N.H. 684 (1987) and State v. Knowlton, 102 N.H. 221 (1959) and filed a Notice of Nolle Prosequi thereby ending the prosecution before trial. The Petitioner claims that under the express language of RSA 7:6, the Office of the Attorney General lacks authority to abate a criminal case in the district courts. RSA 7:6 reads as follows: "The attorney general shall act as attorney for the state in all criminal and civil cases in the supreme court in which the state is interested, and in the prosecution of persons accused of crimes punishable with death or imprisonment for life. The attorney general shall have and exercise general supervision of the criminal cases pending before the supreme and superior courts of the state, and with the aid of the county attorneys, the attorney general shall enforce the criminal laws of the state. The attorney general shall have the power to collect uncollected debts owed to the state as set forth in RSA 7:15-a."

The Committee's research has disclosed that statutory predecessors of RSA 7:6 did not limit the authority of the Attorney General in criminal cases to the supreme and superior courts, as at present. But the statute having been amended at some point to so limit, the Committee agrees that the Office of the Attorney General presently has no authority to prosecute or to supervise others in the prosecution of criminal cases in the district (now circuit) courts, and thus had no authority to nolle prosequi the Petitioner's private criminal prosecution in the Laconia District Court.

The committee has concluded that if the Department of Justice believes that it should have such authority, it should cause a bill to be filed re-amending RSA 7:6 to so provide, and should not disregard a law it finds deficient and inconvenient. 


Vote:  9-2.


Rep. Gregory M. Sorg for the Majority of the Committee

MINORITY

Grievance Unfounded.


Committee Minority Findings:

The minority supports the Attorney General's decision to refrain from prosecuting Census employee Robert Mills for trespassing.  By the petitioner Joseph Haas's own admission, Mr. Mills never visited Mr. Haas's home.  One or more enumerators did visit the home, but they were not trespassing. No Census employees were bound by any unofficial paperwork which Mr. Haas might have presented to Mr. Mills.  Neither one of the two key elements of criminal trespassing (as specified in RSA 635:2) applied to Mr. Mills.  He never entered or remained on Mr. Haas's property, and the Census enumerators who did enter the property were licensed and privileged to be there.  The minority feels that the Attorney General's office was acting in good faith, although they acknowledge that RSA 7:6 may need to be clarified.


Rep. Timothy O. Horrigan for the Minority of the Committee


 I did my best to help out Mr. Haas during the filing period for new legislation. I tried to get an ambitious (and smart) first term representative from his own community to file a bill to award him his $250. That representative (apparently) chose not to do so. I didn't want my name as a sponsor on that bill for various reasons, although I will vote for it when and if I get the opportunity. The big reason was because I had written the minority decision against his petition. Another reason was the fact that he had warned me he was planning to bring a private prosecution against Speaker Norelli (which will go nowhere fast.) On December 20, 2012 (the same day as a controversial Rules Committee meeting where the Redress Committee was abolished and from which Speaker Norelli was conspicuously absent) he sent out the following announcement:

From: Joseph S. Haas [mailto:josephshaas@hotmail.com] 

Sent: Thursday, December 20, 2012 12:08 PM

To: amanuse@gmail.com; andy.stachura@yahoo.com
Subject: (Norelli) RE: NH Redress Grievance Committee May End- WHO CARES!!!

Here is a copy and paste of my Criminal Complaint against Terrie Norelli of the printout of this 10:49 a.m. e-mail is how I typed it out, of signed by me yesterday of having delivered a copy to the A.G.'s office at 3:28 p.m., and to the court at 3:44 p.m. -- Joe Haas

 


"To: The State of New Hampshire

6th Circuit - District Division - Concord

Merrimack, SS. December Term, 2012


State (by Haas) v. Terrie Norelli

Case # _______________


BRIEF / "clear"*** CRIMINAL COMPLAINT *

( *** "without referring to its completeness" - page 592)


--In reply to the A.A.G. Benjamin J. Agati's 3-page / December 14th postmark last Friday of his Dec. 13th MOTION TO RECONSIDER SCHEDULING OF ARRAIGNMENT HEARING that has already been re-scheduled once from Nov. 30th to Dec. 28th and so as to comply with RSA Ch. 592-A:7 at page 115 of the 2003 statute book, here is the "brief" complaint without any details of the offense as charged being of:


the Defendant Norelli, the then House Speaker, having an Article 32 Petition on file with the N.H. General Court, did RSA Ch. 643:1 "refrain" from performing a duty imposed on her by the Rule of Law, to wit: House Rule #4 or clearly inherent in the nature of her office of to be Article 14 "complete". Said refraining having been done with a purpose to harm another, being the complainant, who, by an amendment, did bring this complaint to her attention that resulted in NO Rule 4 action of that she SHALL have sent it over to the "appropriate committee" for to fullfil her RSA Chapter 92:2 oath of office to the first part of Article 31 being her job description, all of which in-actions being, by Article 88: "against the peace and dignity of the state."


Yours truly, - - - - - - - - - - Joseph S. Haas, P. O. Box 3842, Concord, N.H. 03302, 603: 848-6059 (cell phone), e-mail: JosephSHaas at hotmail dot com under oath** as subscribed hereto "calling upon God...to witness to the truth of what" is written here. ** "Webster's Third New International Dictionary" (c) 1966 @ page 1554 .


*State v. Carl J. Chaisson, 123 N.H. 17-34 @ page 29, paragraph #1 (January 24, 1983), King,C.J.: "Once the complaint is filed, the defendant is 'faced with the prosecutorial forces of organized society, and immersed in the intricacies of substantive and procedural criminal law.' Kirby v. Illinois, 406 U.S. at 689; see Moore v. Illinois, 434 U.S. 226, 228 (1977)." [ cited in State v. Eric Jeleniewski, 147 N.H. 462-470 @ page 468 [3] (2002), Dalianis, J. ]


*** State v. Daniel B. Fields, Vol. 119 N.H. Reports 249 - 253 @ 253 (April 23, 1979), Grimes, J.

" ' any complaint or indictment should be considered adequate if it informs the defendant 'of the nature **** and cause ***** of the accusation with sufficient definiteness' so that he [can] prepare for trial. ' State v. Davis, 99 N.H. 88, 89, 109 A.2d 47, 48 (1954), quoting State v. Rousten, 84 N.H. 140, 143, 146 A. 878, 872 (1929)."


**** nature, page 1507: "the distinguishing qualit"y in this case as NO quality performance to the Rule of Law!


*****cause: page 356 n 1a: "a person, thing, fact, or condition that brings about an effect or that procudes or calls forth a resultant action or state" as this re-action to the non-action of the refrain. vt 1: to serve as cause or occasion of: bring into existence; 2a(1): a ground of legal action .


pc: Benjamin J. Agati, Assistant Attorney General, Criminal Justice Bureau, 33 Capitol Street, Concord, New Hampshire 03301-6397 (603) 271-3671


footnote: http://www.courts.state.nh.us/rules/dmcr/dmcr-2_1.htm " C. Every defendant shall be entitled to a copy of the complaint upon request and without cost to the defendant. In courts without photocopying facilities, the defendant shall be entitled to copy the complaint."  "



On December 29, 2012, Joe issued another announcement. Even though my name is prominently mentioned in it, I am not endorsing anything he says. I can't even say that I understand all of it.
Even if he did have standing to prosecute the Speaker of the House for mishandling his petition, it seems to me that he should be prosecuting the Speaker who was in charge of the House of Representatives when the petition was heard, i.e., Bill O'Brien.


Reply Re: Memorandum of Meeting

Sent:Saturday, December 29, 2012 10:43 AM

From: josephshaas@hotmail.com

To:troopd@dos.nh.gov




To Mark Armaganian

c/o Troop D

Exit 2 off Clinton Street I-89

Concord, N.H.

 

That you Chief,

 

For the nice chat with you in the hallway outside your Room 200 office on the Heights at Hazen Drive yesterday afternoon at just before and after 4:00 p.m. when I did report to you of giving you a progress report of the past and current case of what I did tell Sgt. Lulka after seeing not Laura Joseph the receptionst there at Troop D, but Patti who said that Sgt. Berkley had left and that Sgt. Lulka might be able to take my criminal complaints against:

 

1.) The Deputy Court Clerk or another of The Concord District Court (a Legislative Court by statute, of not per the constitution, as only a step in the process) when she told me at the window there at about 8:15 a.m. yesterday morning of before the supposed 8:30 a.m. what was by the prior a re-scheduling from Nov. 30th to Dec. 28 of the arraignment of Teri Norelli, the House Speaker on the criminal charge of RSA Ch. 643:1 of: "Official Oppression, but that the Deputy Clerk first said that the case was "nol prossed" and so there no case there with no case # of even AFTER I did file the BRIEF Complaint and when I asked her WHO had made this decision to accept such AND of NOT putting it on the Day List, she first said that that was "difficult" to find out, of I said I could wait, and then she said of that only the Clerk Diane Lane would be the one to talk to as the one and only, and that I'd have to wait until Monday of that she was not there that day due to what of I did inquire of by what excuse: of being sick, or on vacation?, because if the latter she ought to have notified her Deputy of what she knows from the Laconia case that was transferred to there that neither the Attorney General nor any of his Assistants can enter into District Court to do any prosecutions or dis-prosecutions as forbidden by the RSA Ch. 7:6 statute, but like you said of these merely processed through there of homicides, of your example, of which does not concern me, but maybe some "out" for somebody in the future to have their felony re-tried as the end does not justify the means of procedural due process of law too. (;-)

 

2.) That brings me to this Benjamin J. Agati again of to likewise charge him with theft of my rights AND that RSA of Hindering Prosecution of to fill out a criminal charge against him later as he too KNOWS by my Petition #22 feed-back from Senior Deputy Richard Head who appeared for him at the House Redress of Greievance Committee* early this year of that 8 to 2 vote of R to D of that he in the Executive Branch was reprimanded by this Legislative Committee, of like only a temporary reprimand of needing for it to go to the full House for a vote to be permanently recorded. Or him like what? Going by a Dissenting Opinion?!

 

3.) And so like in that other case of dealing with the 14th Amendment in me trying to get the governor served by that RSA Ch. 594:14 Summons in lieu of an arrest for him having violated his Article 51 duty of to execute BOTH the laws of the state AND United States, I do appreciate Trooper Bruce Twyon having served his legal counsel, Jeffrey Meyers with having violated RSA Ch. 91-A:4,IV in being way late than the 5 business days to over two months, of that criminal case nol prosed by this Agati too! Of thus when I went to a different State Trooper against the governor, since I never heard back from Trooper Scott Frye of for the governor to put in a day and time for his arraignment, I did indicate one and gave the RSA 594:14 Summons to Trooper Chris LePorte to serve of which he did not serve the governor, but he SAID of that he gave it to the Public Integrity Unit of the A.G.'s Office, but then when I talked in person with the Chief Paul Broder there he said to me verbally that he knew NOTHING of it, (like using that former A.G. Kelly Ayotte's "Ivory Tower" exuse in the Ponzi scheme case, so cc: to Chris King too for now U.S. Senator Ayotte) and so like I asked you yesterday of to PLEASE get me a written Report, of this is my request in writing that such be done, because if not then I'll either citizens arrest the governor next month because these payments of $71 to the Rockingham County Sheriff's Office in the Norelli case and another case in Grafton County for $55.00 already spent against the Retired Article 82 Superior Court Clerk there of Robert B. Muh of Littleton are just too $much! Of when I verbally tell Lynch at his home in Hopkinton that he is under arrest of then to follow me down in his car to the local Police Station for booking, or a call to there to deliver an RSA 594:14 of their own.

 

4.) Of yes I know from my Elementary School days of there being three branches of government of the Legislative, Executive and Judicial, of thus to see IF this Judge of yesterday Kristen Spath who I talked with at about 8:45 a.m. as her late start in Courtroom #3 of since the Clerk's Office REFUSED to push the file to her for to issue a Bench Warrant againt Noirelli, of thus for her to PULL it to there, of she being a former A.A.G. and so a "buddy" of Agati, of I guess I'll just have to Article 77 appeal to the Merrimack County Superior Court for an Article 35 impartial trial by jury.

 

Yours truly, - - - - - - - - - - Joseph S. Haas, P. O. Box 3842, Concord, N.H. 03302, Tel. 603: 848-6059 (cell phone), e-mail: JosephSHaas at hotmail dot com

 

pc: The Attorney General (to please have Broder Article 8 Report on this to me as hereby instructed, and with the push by the Capt. and you), plus Norelli so as to know what happened yesterday that resulted in the Bench Warrant for her arrest. * State Rep. Dan Itse, R, plus Tim Horrigan of that D, and Connor Jennings for the governor to PLEASE choose which of the two LEGALly elected Federal Reps by statute be the LAWful one of since the Fourteenth Amendment, Section 2 requires that he, by N.H. Art. 51 do the reduction by this penalty clause, that if you do not do this governor, [ of like you fill any vacancies, and so it only logiogal of to do the reductions too, since The B.L.C. refused, of cc: to Bill Gardner, the Secretary of State too, plus Elections Division for this Ballot Law Commission Case #2012-2 + 6, and that of The Executive Council to to PLEASE advise you to do what's right, or to have your successor-in-interest Gov. Maggie Hassen, D do it, with thrree new councilors, of one returning) of then to prepare for your arrest! as you SHALL be HELD accountable by Article 41 and RSA Ch. 93-B:1-5 insured to $100,000 for your "faithful performance" of that any and all expeditures from "Uncle Sam" as extracted from us of We the People of to this un-lawful Federal Rep. (as will be chosen by me if nobody else does so, of I choose Carol Shea-Porter as the good-for-nothing then and now in the Ed Brown case of allowing Federal Judge Jeffrey R. Howard , former N.H. A.G., of now on the First Circuit cut checks to three attorneys to travel from N.H. to, at ,and back from Maine, of OUTside the district and so against the law! of the 6th Amendment because prelimiunary hearings are a PART of the trial, and the N.H. State Police notified back then too, of David Cargill there REFUSing to be the check-and-balance, of for his in cahgoot-ness with Uncle Sam getting an invite from him to become the next U.S. Marshal for N.H. that I find dis-gusting!) can first be taken from this policy account with The National Grange Insurance Company, at 55 West Street, in Keene, N.H. Attention: Eli, Claims Agent and then out of your own $ funds! Because like I've said before of sometimes you've got to take a step back to take two steps forward, since the Reapportionment Act of 1929 has got to be updated to that of the minority of the people represented by 2 U.S. Senators, compared to the majority of thus of what ought to be at least 4 Federal Reps. as a minimum, of minus one for us and the ten other states that do not elect their "judicial officers" either, of thus 4-1=3 be over the 2 in the Senate. Get it? Of there like in football, too many players on the field, for the ten-yard penalty, of too many M.O.C.'s / Members of Commerce, of thus ALL the U.S. Codes from July 9, 1868 tainted with unlawfulness!

 

footnote: Proverbs 21:7 "The robbery of the wicked SHALL destroy them, because they REFUSE to do judgment." (emphasis ADDed).



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