He received a mandatory minimum sentence of 3-6 years for criminal threatening, after being charged with "waving" a gun and threatening a trespasser on his land who refused to leave. The truth is that the trespasser was acting erratically and refused to leave when asked. Ward never waved or pointed a gun toward the woman. He committed no crime.
This is a classic "he said, she said" case, which revolves around two individuals who claim different versions of events, with no corroborating witnesses. The judicial process did not allow full discussion of their backgrounds and character, which is highly pertinent.
Juries don't always have all the facts needed to make informed decisions. This was the case with Ward Bird's trial.
For example, the jury never learned about the full extent of the injuries that Ward Bird sustained from major abdominal surgery. He had been released from Maine Medical Center shortly before his encounter with Ms. Harris and had limited mobility. This would have been critical information considering Ms. Harris's testimony that Ward Bird "jumped off the porch" after her and was "running back and forth," which would have been extremely unlikely, if not impossible, given his stage of recuperation.
Updating to the present, it's clear that Ms. Harris is a less than credible witness. She has been described as a serial animal abuser, convicted in New Hampshire on animal abuse charges and currently wanted on additional charges in New Hampshire and South Carolina. She has gone by several aliases and her current whereabouts are apparently a mystery. See http://www.unionleader.com/art...
The credibility of the key witness would seem to be an important point of consideration to any jury that is trying to determine guilt or innocence based primarily on that person's words. So it's not surprising then that mistakes can be made. In the case of Ward Bird, a mistake impacted a man who is well known with a strong reputation, which is why such a groundswell of support has ensued.
The current and former Moultonborough police chiefs and the sentencing judge (whose hands were tied by the minimum sentencing law) all say that Ward Bird does not belong in jail. In fact, the police chiefs have been helpful in our efforts, so far unsuccessful, to secure a pardon and/or have Ward Bird released on electronic monitor, for which we've thanked them. We are grateful to all who will advance our cause of freeing an innocent man.
In some media accounts the focus has been on gun rights or property rights, and some articles wrongly suggest that Bird's supporters are all about having the right to point guns at people. This is incorrect; our main point is that he is innocent, and did not point a gun or threaten the trespasser. Everything else is secondary.
One of our greatest fears is that Ward Bird's case becomes a proxy for Republicans and Democrats to bash each other, and that our efforts to free him are being seen as fodder for one side against another.
Ward Bird has stated to us that he in no way wants his situation to be affiliated with extremist rhetoric or action. The longer this situation continues, the more likely it is that extremists will diminish the influence of those who are more moderate or progressive as well as collaborative in their approach to setting agendas and resolving conflict for our state. We are working diligently to prevent this, but we are a small group and there's only so much we can do if more powerful forces try to make hay out of this situation to advance their own agendas.
A specific example of how this is playing out is the petition that Speaker of the House Bill O'Brien presented to the governor on December 17. The petition was the brainchild of Rep. Will Panek (R-Farmington), who came forward with this idea on his own volition. The FWBC did not ask for either of these men to take these actions, but of course we were very grateful for their support and have thanked them appropriately. We would've done the same if they were Democrats, I assure you.
I've been told that some Democrats were leery of the petition because they thought it was an attempt to embarrass the governor. Please note that this is in no way the goal of the FWBC. I've read the petition and frankly, it doesn't seem insulting to the governor to me (and I've worked to elect John Lynch over four election cycles, have a Lynch sticker on my car right now, made phone calls and put up signs for him, you name it). The majority of the petition concerns the possibility of clemency for Ward Bird or releasing him on an electronic monitor, perhaps in time for Christmas (which sadly didn't happen). The final paragraph contains a fairly straightforward statement about second amendment rights.
If you haven't read the petition I ask that you withhold your judgment on it until you've done so. (I'm happy to send it to you.) If you have read the petition and believe the final paragraph is problematic, I encourage you to craft your own petition with better wording. But please don't get hung up on this paragraph and believe "that's what it's all about," because it isn't. The main topic here is innocence, and a man who shouldn't be in jail.
On Sunday, December 19, the FWBC organized two caravans of vehicles that went across the state and wound up in Manchester for a rally. After announcing the rally we were contacted by several tea party groups that wanted to participate. We thanked them for their interest but said that if they were attending our rally to please refrain from promoting their agendas. We specifically asked them not to have "Don't Tread on Me" banners and other signage, because we do not want to be associated with any ideologies.
The tea partiers respected our wishes for the most part, to their credit. Yes, there was one guy in a hardhat with chains around his neck, and a couple of other folks with "messages," but considering the numbers of vehicles and people they were really good about it, for which we thanked them.
When I first pulled into the rally I was met by a young man who apparently showed up on his own. He had a "Cat in the Hat" parody book about President Obama, which was quite disrespectful of the president. I spent a solid ten minutes telling him very strongly that his message did not represent the goals of our group and that he should put his materials away. He never put the books away, but he got the message and we tried to keep an eye on him as best we could during the course of the rally.
One more vignette from the December 19 rally. Jack Kimball, who ran for governor last year and now has announced candidacy for state GOP chair, was there and pledged his support. We thanked him, as we do with all who will help us achieve our goals. After WMUR-TV had him on camera for a long interview, I introduced myself to the reporter and said I was a former Democratic town chair, very involved with the FWBC effort, etc., and wanted WMUR to know that this effort is nonpartisan. I wound up on camera myself and the word "nonpartisan" made it into the initial news story. (WMUR has edited this story a couple of times since it first went onto the site, so I'm not exactly sure what version is up there now.)
To date, we've received public expressions of support from a number of Republicans, elected or otherwise. We are sincerely grateful and thank them all, as we will certainly do for anyone who will help us achieve our goals, which are first and foremost freeing an innocent man. I encourage my fellow Democrats to declare their support as well by standing up, making public statements, and attending our events and rallies, because we are truly a nonpartisan effort.
Ward Bird did not and would not threaten anyone with a gun as he was charged. I know from 25 years' experience that he has an excellent head on his shoulders.
There have been numerous rallies across the state to date, and they are continuing because people who know Ward Bird know that he is a person of great integrity. We are also attracting support from people who have never met him but are deeply troubled by this situation. Ward Bird is an honest, decent, hard-working family man with four bright and responsible kids, respected in his community for involvement in scouts, church, historical society, and manager of a family farm. A terrible mistake has been made.
A pardon application is in the works and is headed toward the governor and executive council. We are hopeful that Ward Bird's pardon application will be expedited.
I ask that you contact the governor and members of the executive council to say that you are concerned about this issue and ask that they do whatever is in their power to reunite an innocent man with his family. Please also contact your state representatives so they can echo this message.
I also invite you to our benefit dinner/dance in Moultonborough that's planned for Saturday, January 8. You'll have a good time while getting to know some of people involved in this effort. You can learn about other activities at our website, www.freewardbird.org.
Most of all, I ask that you put aside any preconceived notions about this case, and believe me when I say that we are doing everything in our power for this not to become a political football. Your assistance will be greatly appreciated for the welfare of Ward Bird, his family, and the future of our state.
I, and other members of the FWBC, would be happy to provide further information. Please contact me at themillers37@tds.net or cell, 603-748-9368.
Thank you, and best wishes for the new year to you and your families.
Pete Miller, Wilmot, NH
The following members of the FWBC asked to cosign this letter.
Patricia Bird (independent), Moultonborough, NH
Rebecca Bryant (Republican), Moultonborough, NH
Andy Coppinger (Democrat), Moultonborough, NH
Harry Disch (Liberal Party), Chestertown, NY
Emily Erskine (Democrat), Moultonborough, NH
Eric Erskine (Democrat), Moultonborough, NH
Caleb Johnson (independent), Center Harbor, NH
John Martin (independent), Sandwich, NH
Meredith Bird Miller (Democrat), Wilmot, NH
Dan Reidy (Democrat), Center Sandwich, NH
Jon Tolman (Republican), Center Harbor, NH
Some reading:
Ward Bird speaks from jail, http://www2.laconiadailysun.co...
Judge's hands tied by minimum sentencing law: http://unionleader.com/article...
Ward Bird receives the NH Hero Award in 1990: http://www.unionleader.com/art...
Man who has never met Ward Bird but who met Bird's accuser, Ms. Harris, called her the "crazy lady" and described her character (cursor down a little to find this letter to the editor after you click this link): http://www.citizen.com/apps/pb...
There is more information at our website, www.freewardbird.org
|