Help Ward Bird of Moultonborough

[fatlazyless]

FREE WARD BIRD is what the big sign out front of the Congregational Church, next to the post office in Center Harbor, says.

Who knows but with their help maybe he can find some divine intervention from above?

Will most definately be less expensive than finding an attorney knowlegable with habeas corpus pleadings!

[Rattlesnake Guy]

Originally Posted by fatlazyless

FREE WARD BIRD is what the big sign out front of the Congregational Church, next to the post office in Center Harbor, says.

Who knows but with their help maybe he can find some divine intervention from above?

Will most definately be less expensive than finding an attorney knowlegable with habeas corpus pleadings!

That's it. No more. I am headed to userCP and making you my first ignore post forum member. Congratulations. PS Try a spell checker.

My thoughts and prayers for the Bird family.

[MarkinNH]

Originally Posted by Rattlesnake Guy

That's it. No more. I am headed to userCP and making you my first ignore post forum member. Congratulations. PS Try a spell checker.

My thoughts and prayers for the Bird family.

I understand from family members posting on the Facebook page, that today is Wards Birthday. There is also a group of friends, family and supporters gathering this morning to go to concord in a show of support. That said.
My thoughts and prayers and Bday wish's are also with Ward and his family. Having this man sit in jail is not serving justice. He is Not a threat to society and never was.
The Carrol County attourney at the time, Robin Gordon who pushed until she won this conviction should be ashamed of herself. How this woman sleeps at night I'll never understand. Of the various possible ways this case could have been handled and resolved, she fought and argued for the one way in which to destroy and damage the life of a decent hard working family man.

[fatlazyless]

Let me see here.....Ward could have acted like a normal person and said something like .... "Hello there, how are you today, can I help you? .... or he could have said something a little friendlier like...."Hey there, you sure is look'n good today, what's going on?.....but no....Ward goes and waves a great big 45 hand gun around and shouts "Get the f... off my land!"

This case was first heard by a lower court and most recently by the NH Supreme Court and it had all five justices in agreement that it was indeed a case of felony threatening. It just seems like a lot of you people are not making a rational judgement on this.

Ward had the opportunity to accept a plea bargain, which I do not understand all that well, but....whatever....and he turns it down....correct?

[brk-lnt]

Originally Posted by fatlazyless

It just seems like a lot of you people are not making a rational judgement on this.

The day that you can comment about other peoples rational thoughts or actions is going to be a very strange one indeed.

[ClosetExtrovert]

http://dailypaul.com/node/149906

Ron Paul, in Texas, has picked up this story!!

[Yosemite Sam]

Good article on the front page of todays LDS that talks about the petition to free Ward Bird.


“At the request of the newly elected Speaker of the N.H. House William O’Brien, Gov. John Lynch yesterday met with him and a small delegation of legislators to receive a petition supporting a pardon for Ward Bird.

The petition, signed by about 100 representatives from both parties, asks that Lynch “take the necessary steps” to release Bird from the Carroll County Jail before Christmas.
“It is well known and understood that if this request is acted upon it would represent a very rare circumstance for a convicted felon in this state,” wrote O’Brien.”

[Yosemite Sam]

Originally Posted by Rattle Isle Windy Side

Seems pretty clear the guy broke the law, and is paying the price for it. Where it sounds like this really went wrong is possibly what he admitted to and how poorly his attorney handled it. I think the law was pretty clear.

As a longtime gun owner I dont think he should be given a pass for anything. You dont wave pistols at people in anger. This is the type of thing that results in a few shootings that result in absurd gun laws like NJ/NY impose. It affects all of us law abiding people who want to enjoy their rights. Should you sit in jail for years? NO!!...but you shouldn't own any guns. I suspect any others he owned have been taken. Losing that right and some anger management/community service seems safe and fair and punishment enough.

People make mistakes, it could have been far worse. The sad part is how quickly you can railroad yourself by not abiding to the golden rule - Dont say a word to anyone. Nobody is out to protect the gun owner. Nobody is on your side.

The right to remain silent is as important as the right to bear arms! With a closed mouth and representation with a brain this would not have happened.

Ward Bird did not admit anything and his attorney did everything he was supposed to do. For some reason the jurors believed her and not him.

Please go HERE and read the "Trial Documents" that are posted there and you will see that Ward did not say he waved or pointed a gun at her.

[MarkinNH]

Originally Posted by Rattle Isle Windy Side

Seems pretty clear the guy broke the law, and is paying the price for it. Where it sounds like this really went wrong is possibly what he admitted to and how poorly his attorney handled it. I think the law was pretty clear.

As a longtime gun owner I dont think he should be given a pass for anything. You dont wave pistols at people in anger. This is the type of thing that results in a few shootings that result in absurd gun laws like NJ/NY impose. It affects all of us law abiding people who want to enjoy their rights. Should you sit in jail for years? NO!!...but you shouldn't own any guns. I suspect any others he owned have been taken. Losing that right and some anger management/community service seems safe and fair and punishment enough.

People make mistakes, it could have been far worse. The sad part is how quickly you can railroad yourself by not abiding to the golden rule - Dont say a word to anyone. Nobody is out to protect the gun owner. Nobody is on your side.

The right to remain silent is as important as the right to bear arms! With a closed mouth and representation with a brain this would not have happened.

Have you even bothered to read ANY of the court transcripts ??
There is NO PROOF or WITNESS'S that back up or support the claim that he EVER WAVED A GUN at Anybody !! Only the "say so" of the woman !
I to have been an owner of firearms since I was a boy and have actively carried concealed for the last 30+ years. Now I am no Einstein, but there is a huge difference in taking a handgun out of it's holster to check it's safety and waving it in somebody's face

[fatlazyless]

Here's what should probably be considered an unconfirmed source from the email comments in today's Union Leader.

"Let's keep in mind that this is not the first time Mr. Bird has been in trouble with the law for misuse of a weapon. In 2002, he was fined for some mischief with a gun. His wife is sure he made an honest mistake."

Chris K, Strafford NH

[Yosemite Sam]

Originally Posted by fatlazyless

Here's what should probably be considered an unconfirmed source from the email comments in today's Union Leader.

"Let's keep in mind that this is not the first time Mr. Bird has been in trouble with the law for misuse of a weapon. In 2002, he was fined for some mischief with a gun. His wife is sure he made an honest mistake."

Chris K, Strafford NH

I really like you FLL....I really do....I think most of your posts are funny and you seem to make comments as you see them, be it right or wrong in other peoples eyes.

But when you post something that is either a comment from a news source article or from an unconfirmed email comment, then it bothers me and I'm sure it bothers other forum members even more.

Now go to McDonalds and get a Happy Meal so their stock will go up a little.

Just my 2 cents!

[Pineedles]

I am so thankful to the Legislators that signed the petition and met with Governor Lynch. I pray for his pardon and release.

[Newbiesaukee]

This is WMUR re: previous gun problems:


"Ward's prison sentence for criminal threatening with his gun on his own property isn't the first time he's come up against law enforcement.

In 2002, he was fined for 'unauthorized use of firearms' for being in a 'compact part of Moultonborough' and 'discharging a pistol ... without written permission of the chief of police.'

Bird paid a $480 fine. His wife, Virginia, said it was an accident while Bird was target practicing."


I guess one could take the position that this is irrrelevant to the present episode; but then to be consistent, the women's past history is just as irrelevant to the present episode.
I don't know Ward Bird, but just trying to point out the slippery slope of wanting all past actions to be admissable in court. If I did not have all the 'facts' as presented on the Forum, I might just think this guy is pretty irresponsible if he had two run-ins with the law regarding firearms.

[katiesmom]

I am shaking my head reading this story and cannot believe it to be true!! A whacked out women comes on your property peering into your windows and is belligerent when you ask her to leave and HE gets time in jail?? What a bunch of buffoons in the NH justice system from bottom to top!! A complete embarassment!! I thought Florida had a bunch of morons but this completely tops it!!

[Yosemite Sam]

Originally Posted by Newbiesaukee

This is WMUR re: previous gun problems:


"Ward's prison sentence for criminal threatening with his gun on his own property isn't the first time he's come up against law enforcement.

In 2002, he was fined for 'unauthorized use of firearms' for being in a 'compact part of Moultonborough' and 'discharging a pistol ... without written permission of the chief of police.'

Bird paid a $480 fine. His wife, Virginia, said it was an accident while Bird was target practicing."


I guess one could take the position that this is irrrelevant to the present episode; but then to be consistent, the women's past history is just as irrelevant to the present episode.
I don't know Ward Bird, but just trying to point out the slippery slope of wanting all past actions to be admissable in court. If I did not have all the 'facts' as presented on the Forum, I might just think this guy is pretty irresponsible if he had two run-ins with the law regarding firearms.

Thanks Newbiesaukee…..but I think that if the trial would have let both sides bring up the past of the victim and the accused, we all know who would have been the winner and loser in that deal.

[Yosemite Sam]

Originally Posted by Rattle Isle Windy Side

No there isn't....and this case proves that.

Sorry - you wont ever find a firearm instructor/trainer/etc that would ever testify that a gun should be removed from a holster during a confrontation to "check the safety is on"

Not buying it for a second, and sounds like nobody else did. He likely fully admitted he took that loaded gun out and held it in his hand. WHY? to check the safety? C'mon...

Tempers and firearms dont mix. That gun never comes out of its holster during a confrontation unless deadly force MAY be necessary. Did he call 911? did he retreat to a safe area? Was she armed? (with anything?) Was it even a surprise that she was there? (he was told she was coming?) This is not a hard case folks. Unfortunate - yes...but not hard by the law.

And why do people keep bringing up this nutty womans past? I thought we lived in the USA here? Be as nutty as you want, but if someone pulls a loaded gun on an unarmed person why should your nutty past matter? Neither persons past is on trial here, and never will be. (Thank God)

From the sounds of it he seems like a nice guy, and she sounds like a f'n wackjob...but thats not the point, is it?

I truly hope (and highly doubt) his sentence gets majorly reduced here. Its not a fair sentence. As a Life Member of the NRA and firearm enthusiast I also hope Mr Bird never owns a firearm again.

I’m sure you are a hero in many people’s eyes as far as knowing how to handle a firearm…however…if you read the Trial Documents Ward Bird did not admit to having a gun in his hand while talking to the victim.

I was a doubter in the beginning of this thread but after reading the Trial Documents I have changed my mind.

[Resident 2B]

I just spent more than 10 hours reading and re-reading the entire transcript of State v Ward Bird. I encourage everyone with an interest or an opinion in this matter to do the same, so that they understand what went on in the courtroom.

For all the members of this jury to believe a person who was trespassing, who had significant differences between what she testified under oath and the written statements she made within a day of the incident, and find the defendant and property owner, Ward Bird, guilty is beyond my ability to comprehend.

In addition, on the WMUR web site is a recorded interview of Ward and he clearly says he did not do what he was accused of doing. Here is a link to that interview: http://www.wmur.com/news/26173059/detail.html

After doing this reading and listening to Ward's statement, I have decided to start making contributions to the cause. Thanks to YS, there is a link to the Free Ward Bird web site where you can read the transcript and also donate to a fund that will help Ward and his family. Here is that link: http://freewardbird.org/

Thanks to all the legislators for getting the petition going and I pray that the Governor and his staff do the right thing and parton Ward, and do it quickly please. This wrong has to be addressed. It is totally unfair to Ward, his wife and their childern.

R2B

[RailroadJoe]

Does anybody know any of the jurors that were on the case? Would make for good reading. I honestly think our justice system needs a major overhaul. The statement to the jury by the judge is quite bit of legal mumbo jumbo. Really need people with logic and common sense, not run of the mill people passing lots of laws.

[MarkinNH]

Originally Posted by fatlazyless

Let me see here.....Ward could have acted like a normal person and said something like .... "Hello there, how are you today, can I help you? .... or he could have said something a little friendlier like...."Hey there, you sure is look'n good today, what's going on?.....but no....Ward goes and waves a great big 45 hand gun around and shouts "Get the f... off my land!"

This case was first heard by a lower court and most recently by the NH Supreme Court and it had all five justices in agreement that it was indeed a case of felony threatening. It just seems like a lot of you people are not making a rational judgement on this.

Ward had the opportunity to accept a plea bargain, which I do not understand all that well, but....whatever....and he turns it down....correct?

There is No proof that he ever "waved" the gun around ! Only the womans say so !
And if it were you in some similar situation, would you except a plea bargain which is still an admission of guilt, for something you Didn't Do, because it comes with a lesser sentence ?
You have finally removed All doubt, not only are you clearly a Pompous A$$ but you are most assuredly a fool and an antagonistic jerk to boot !
I suspect this thread and an innocent man sitting in prison is nothing more to you then a form of cheap entertainment.
Now, Go Away !!

[Happy Gourmand]

...to end this discussion. Just my opinion.....

[brk-lnt]

Originally Posted by The Phantom Gourmand

...to end this discussion. Just my opinion.....

I don't think a discussion and grass-roots suport campaign for an unjustly imprisoned person should be shut down simply because the thread has been invaded by a child.

The better course of action would be to remove the cancer before sacrificing the entire limb.

[Slickcraft]

From WMUR web site:
http://www.wmur.com/news/25877303/detail.html
Patten has submitted a House bill that would allow a property owner to display a firearm to a trespasser.

Protesters Call For Release Of Man Convicted Of Threatening

CONCORD, N.H. --
Ward Bird Rally
Kria Sakakeeny
Nearly 100 protesters gathered outside the state house in Concord on Monday morning to call for the release of Ward Bird, who was sentenced to prison for criminal threatening.

Bird turned 49 on Monday. He just started serving a mandatory sentence of three to six years in prison. Supporters called the sentence unjust, saying Bird was within his rights when he had a gun while confronting a woman who went past "no trespassing" signs onto his property.

Bird's wife, Virginia, was among the protesters on Monday, as was state Rep. Betsy Patten.

Patten is advocating for Bird's pardon from prison. Bird's wife said he has been mailed an application for a prison pardon. She said he was offered a plea deal for no prison time, but he refused because, she said, he was innocent.

[Resident 2B]

Originally Posted by Slickcraft

From WMUR web site:
http://www.wmur.com/news/25877303/detail.html
Patten has submitted a House bill that would allow a property owner to display a firearm to a trespasser.

Finally, a bill from Rep Patten that I fully support. Thank you Rep. Patten for starting something that makes sense here!

Now, someone, somehow has to stop this foolishness and free a unjustly-convicted, family man. Rep. Patten, can you help here? What has happened is completely wrong!

I know the area and the no trespassing signs are very clear. No way she should have been on his property, especially after being warned about it. No way anyone should be looking into the windows of a house when they do not know the owner. Plenty of justification for Ward's reaction in my mind. He has a right to protect his family and his property!

I really cannot believe this is happening in our country.

R2B

[NoBozo]

I am not going to reread 77 posts. If I have misconstrued...PLEASE correct me. I am ON Wards SIDE. HE got screwed. I think I read that Ward had recently had a Abdominal Aneurysm Operation just prior to this altercation and was in pain (many stitches) when the women in question arrived.

I also seem to remember Ward had his pistol in a holtser..and removed the pistol to check the safety at some point. Holster belt around his waist...??

I have had that same operation THREE times in ONE year. The doctors and hospitals (3) were totally incompetant. The Fourth time was the CHARM..MASS GENERAL in Boston. They saved my life.

MY POINT relative to Ward. First..I have a very high threshold of pain it seems. I didn't require ANY seditives imediately after my operations or at any time afterward. I had no pain. I'm lucky.

However: When you have this operation...My incission was ~12 inches long from just below the breastbone to just above my pubic area...Zigging around my navel.

There is NO way someone in pain.. post OP would have a pistol belt with the weight of a pistol, around their waist over those stitches.. No Belts Whatsoever...not even to hold up your pants. I have worn suspenders ever since.

There must be somehing in the WARD story ..as told by others..that is not correct.....NB

[wuwu]

Originally Posted by NoBozo

I am not going to reread 77 posts. If I have misconstrued...PLEASE correct me. I am ON Wards SIDE. HE got screwed. I think I read that Ward had recently had a Abdominal Aneurysm Operation just prior to this altercation and was in pain (many stitches) when the women in question arrived.

I also seem to remember Ward had his pistol in a holtser..and removed the pistol to check the safety at some point. Holster belt around his waist...??

I have had that same operation THREE times in ONE year. The doctors and hospitals (3) were totally incompetant. The Fourth time was the CHARM..MASS GENERAL in Boston. They saved my life.

MY POINT relative to Ward. First..I have a very high threshold of pain it seems. I didn't require ANY seditives imediately after my operations or at any time afterward. I had no pain. I'm lucky.

However: When you have this operation...My incission was ~12 inches long from just below the breastbone to just above my pubic area...Zigging around my navel.

There is NO way someone in pain.. post OP would have a pistol belt with the weight of a pistol, around their waist over those stitches.. No Belts Whatsoever...not even to hold up your pants. I have worn suspenders ever since.

There must be somehing in the WARD story ..as told by others..that is not correct.....NB

it was a holster worn on the small of your back!

[Slickcraft]

In today's Citizen:

Article published Nov 23, 2010
Bird case prompts bill to change law regarding gun use
Moultonboro:

A state lawmaker has filed a bill to explicitly permit residents to ward off trespassers by exhibiting a firearm.

"We want to make it very clear to the courts that protecting our property is an absolute right," said state Rep. Betsey Patten, R-Moultonborough, who filed the bill at the Statehouse Monday while group outside the Capitol protested the imprisonment of a Moultonborough resident for criminal threatening for brandishing a firearm when a woman trespassed on his property.

Patten acknowledged that if the bill were to become law it would not help Ward Bird who is serving a three- to six-year sentenced in State Prison.

In an nine-page opinion authored by Associate Justice Gary Hicks the New Hampshire Supreme Court upheld Ward's conviction late last month ruling that, "a rational juror could have found that the defendant's belief that it was necessary to wave his pistol to terminate (the victim's) trespass was not objectively reasonable."

"Considering the evidence and all inference to be drawn from it in the light most favorable to the state, a rational juror readily could have found that the defendant's actions of waving and pointed a gun toward the victim, while yelling "get the f¿ of my property," constituted felony criminal threatening," the Supreme Court ruled.

Bird's supporters claim he never leveled the gun at the woman, but rather took it out of back holster and checked it to assure the safety was on.

Patten said Rep. Leo Pepino of Manchester was the prime sponsor of House Bill 160 that was approved last year and becomes law in January 2011. That law relative to physical force in defense of a person reads, "A person who responds to a threat considered by a reasonable person as likely to cause serious bodily injury or death to the person or another by displaying a firearm or other means of self-defense with the intent to warn away the person making the threat shall not have committed a criminal act."

Patten said her proposed legislation mirrors Pepino's, yet specifies defense of private property instead of a person.

Meanwhile, Patten said, she has obtained the necessary paperwork for Bird to apply for a pardon from Gov. John Lynch and the Executive Council. A pardon request requires an investigation by the Department of Justice and solicits recommendations from the prosecutor, the trial judge and the alleged victim among others.

Even if pardoned, Bird's guilty conviction would still stand, but he would be able to walk free.

On Monday morning Patten drove Bird's daughter, Aberdeen and a fellow Moultonborough Academy student Matt Tolman to Concord when she filed the legislation. The pair received excused absences from school to participate in a civics lesson, Patten explained. She said in talking with Academy Principal Andy Coppinger she has learned that many students are interested in the outcome of the Bird case and said because they feel they have a "vested interest" she hopes the process will be a learning one for the communities youngsters. Bird is the father of four children.

About two dozen of Bird's supporters gathered outside the State House on Monday to protest his imprisonment while Patten went inside to file her legislative service request.