About
Learn More about our progressive online community for the Granite State.

Create an account today (it's free and easy) and get started!
Menu

Make a New Account

Username:

Password:



Forget your username or password?


Search




Advanced Search


The Masthead
Managing Editor
Mike Hoefer

Editors
elwood
susanthe
William Tucker
The Roll, Etc.
Prog Blogs, Orgs & Alumni
Bank Slate
Betsy Devine
birch paper
Democracy for NH
Granite State Progress
Mike Caulfield
Miscellany Blue
Pickup Patriots
Re-BlueNH
Still No Going Back
Susan the Bruce
New Hampshire Labor News
Chaz Proulx: Right Wing Watch

Politicos & Punditry
The Burt Cohen Show
John Gregg
Landrigan
Pindell
Primary Monitor
Scala
Schoenberg
Spiliotes

Campaigns, Et Alia.
NH-Gov
- Maggie Hassan
NH-01
- Andrew Hosmer
- Carol Shea-Porter
- Joanne Dowdell
NH-02
- Ann McLane Kuster

ActBlue Hampshire
NHDP
DCCC
DSCC
DNC

National
Balloon Juice
billmon
Congress Matters
DailyKos
Digby
Hold Fast
Eschaton
FiveThirtyEight
MyDD
Open Left
Senate Guru
Swing State Project
Talking Points Memo

50 State Blog Network
Alabama
Arizona
California
Colorado
Connecticut
Delaware
Florida
Idaho
Illinois
Indiana
Iowa
Louisiana
Maine
Maryland
Massachusetts
Michigan
Minnesota
Missouri
Missouri
Montana
Nebraska
Nevada
New Hampshire
New Jersey
New Mexico
New York
North Carolina
North Dakota
Ohio
Oklahoma
Oregon
Rhode Island
Tennessee
Texas
Texas
Utah
Vermont
Virginia
Washington
West Virginia
Wisconsin

Free Ward Bird - A Message to Progressives

by: PeteMillerWilmot

Mon Jan 03, 2011 at 12:38:10 PM EST


Dear Blue Hampshire readers:  I am a lifelong Democrat, former town chair in Wilmot, and brother-in-law of Ward Bird.  I am writing to clear up misconceptions about this case that have appeared in the media and on the Blue Hampshire blog, and to point out the need for progressives to publicly embrace efforts to free Ward Bird.

I also write as a member of the Free Ward Bird Committee (FWBC), some 15-20 people who are roughly split between conservatives and progressives.  We are working very hard not to have our effort to free an innocent man become politicized.

First and foremost, Ward Bird of Moultonborough, NH, is in jail for something that he did not do.  He is innocent.

PeteMillerWilmot :: Free Ward Bird - A Message to Progressives
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

Tags: , , , , , , (All Tags)
Print Friendly View Send As Email
He had no gun in his hand? (0.00 / 0)
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.

Are you saying that he had no gun in his hand during the confrontation?  

whp


Correct, no gun in his hand (0.00 / 0)
Correct, he did not have a gun in his hand when he spoke to the trespasser, nor did he point it or wave it.  The only time that it might have been visible to her is when he checked it before reentering his home.

[ Parent ]
Checked it? (0.00 / 0)
Elaborate, please.

[ Parent ]
checked that it was safe (0.00 / 0)
He was checking to make sure that the safety was still on before he went back into the house.  (The safety was on the entire time.)

[ Parent ]
what I hate about your site (0.00 / 0)
and your post is this - you're blaming the woman. She's crazy, she's an animal abuser, she wouldn't leave - and so on. It smacks of "she was asking for it."

Mr. Bird had the option to go into his home, and call the police. Instead he chose to employ "colorful language" of a variety he is now "sorry for."

What I don't see on your site or in your post is  Ward Bird taking any responsibility for what transpired that day.



He did call the police (4.00 / 1)
Ward Bird isn't a misogynist, whatever blame the trespasser might've earned was not due to her gender.

He did go into the home and call the police, after spending a fruitless 5-10 minutes asking a person who was acting erratically to leave his property.  Yes, he said some bad words out of frustration, but surely these aren't grounds for imprisonment.


[ Parent ]
It seems like there ought be a better setting for (0.00 / 0)
determining what happened, than a blog full of casual readers.

Maybe a setting where people do nothing else but examine the facts and testimony. Maybe even require them to take it seriously. Maybe spell out a process to challenge their decision.

We could call it a "jury."

Oh, you've already tried that?


It seems the diarist (4.00 / 4)
is suggesting that there were matters surrounding this case that the jury did not get to hear.

It also seems that Mr. Wilmot is asking folks to pull back from there predisposed political poses. To, as the Zen masters suggest, empty your cup.

I'm a big proponent of America's judicial system. Even knowing that it is terribly flawed at times. This MAY be one of those times.

"Ill writers are usually the sharpest censors." - John Dryden


[ Parent ]
Flawed, but still the best (0.00 / 0)
Yes, it is a flawed system, as is anything devised by man.  Juries sometimes make mistakes; sometimes new evidence, such as DNA, proves that there are innocent people on death row.  While Ward Bird's case isn't of that magnitude, it's the same idea.  But he is still a big proponent of our judicial system, which is why he didn't accept a plea bargain because he had faith that the truth would eventually prevail.  (He continues to believe this.) He still tells his kids that the U.S. system of justice is the world's best.

[ Parent ]
I've been mulling a comment and I think what (4.00 / 4)
I'm annoyed about is the call-out to progressives, as if they've somehow fallen down on the job.  Winning by intimidation is not a good strategy in my book.
That said, let me make a few points:

1) Asking for a pardon from the Governor would seem to imply an admission of guilt, wouldn't it, and sort of invalidate the plea rejection?
2) The agents of law enforcement have become real touchy about civilians carrying firearms.  In Durham they called out four brother agencies when someone reported he though someone had fired in his direction.  A person "checking" a gun as he reenters a house, he'd just left a few minutes before, to see if it was loaded is not reassuring, or believable.
3) "No Trespassing" does not mean "Do Not Enter."  To trespass is not to perambulate; it's to do damage to the property in question (leaving more than footprints or taking more than pictures).  While the transit encased in a mechanical shell is different from arriving on foot, the mechanical conveyance, staying on the designated track, is actually more restrictive and more protective of the property being visited. Chasing inoffensive persons away is peculiar behavior.
4) "My way, or the highway," always carries the risk that "my way" is not going to be liked.
5) Society protecting the exclusive use of property (private property rights) comes with the obligation to insure that others are not thereby unreasonably deprived of their rights, including the right to perambulate, speak and associate.  There is, actually, no right to be anti-social.


That is not correct, hannah (4.00 / 2)
Trespassing does mean entering the premises, not entering then doing damage.  

635:2 Criminal Trespass. -
   I. A person is guilty of criminal trespass if, knowing that he is not licensed or privileged to do so, he enters or remains in any place.
   

When making assertions of law you may want to include a disclaimer that you are stating your opinion, not fact, so people don't rely on your assertion to their detriment. Just a suggestion, don't want any BH'ers arrested!  



"When you get to the end of your rope, tie a knot and hang on."  Franklin D. Roosevelt    


[ Parent ]
Not attempting to intimidate (4.00 / 1)
Hello, I'm sorry, intimidation never crossed my mind until now.  Everyone associated with the effort to free Ward Bird is doing what he or she can to spread the word through their connections and networks.  As a lifelong Democrat that's what I'm trying to do here.

1.) I don't think that a pardon requires an admission of guilt.  If it did Ward Bird wouldn't be pursuing it.

2.) He checked it to make sure the safety was still on before entering a building.  I'm not a gun owner myself but I would imagine this to be standard and reasonable.

3.) He asked a trespasser to leave his property.  I believe any of us have this right

4.) I don't think this comment applies to this situation.  

5.)  Antisocial?  I guess some would consider a person who refuses to leave private property antisocial.  Either way, is this a jail-worthy offense?


[ Parent ]
oops (0.00 / 0)
Sorry, my response to this comment appears a little further down, not directly underneath as it's supposed to.  I must've pressed the wrong button.

[ Parent ]
Ward Bird's problem is a law that takes away discretion from judges and puts it totally in the hands of prosecutors. (4.00 / 5)

The solution is to change the law and allow for discretion. When you create a mandatory sentencing provision, it is absolutely certain that you will inevitably ensnare people for whom it makes no sense. Mr Bird is not the first person whose life has been ruined by a foolish law and he certainly wont be the last. The people who created this law and the problems it made inevitable now run the legislature.

They should at a  minimum enact a safety valve-- it could be easily done by requiring that all sentences to mandatory minimums be reviewed by the three judge sentence review board, which can review and adjust all other (non-mandatory) sentences to prison. Of course it would be better to simply provide for discretion in sentencing rather than cookie cutter "justice".  

"But, in the unlikely story that is America, there has never been anything false about hope." Si se puede. Yes we can.  


Are you saying he is innocent or that the sentence was wrong? (0.00 / 0)



He's innocent, first and foremost (0.00 / 0)
He didn't wave or point a gun at a woman or threaten her with it.  He's innocent.

The sentence is what it is because of the mandatory minimum sentencing provision.  The judge's hands were tied, he had no discretion, as Mr. Twomey discusses above.  If the sentencing judge had his way, Ward Bird would not be in jail right now.


[ Parent ]
I'm confused (0.00 / 0)
there was no gun? Where did the gun story come from if there was no gun present?  

[ Parent ]
He was found guilty by a jury of his peers (0.00 / 0)
There is no way you are going to convince me of his innocence.

The appeals process is there for a reason - we do not need a mob trying to free a convicted criminal.

Also the article from the Laconia Sun about his past criminal behavior indicates that he has not been a model citizen.

You are wasting my time and the time of others on this.

There is an argument to made about ending mandatory sentencing, but that is quite a different argument.


[ Parent ]
The State Supreme Court refused to hear Bird's appeal (0.00 / 0)
Enough! Genug!

[ Parent ]
The NH Supreme Court did hear Bird's appeal (0.00 / 0)
The NH Supreme Court did hear Ward Bird's appeal, and it upheld his conviction.  However, the S.Ct. rules on issues of law, not fact, so if a jury makes a wrong decision because it doesn't have all the facts, the S.Ct. wouldn't necessarily be expected to reverse.

Ward Bird discussed what happened to him in a story on tonight's evening news, which also shows his home where the confrontation took place, and his family meeting Gov. Lynch at yesterday's inauguration reception.

See http://www.wcsh6.com/news/stor...

Thank you to all who have taken the time to consider this matter.  It couldn't be more serious or important:  an innocent man is in jail.

Pete Miller


[ Parent ]

Connect with BH
     
Blue Hampshire Blog on Facebook
Powered by: SoapBlox