Day 3 of First Amendment Trial in New Haven

Day 3 of First Amendment Trial in New Haven

Retired CT State Investigator McCord testified all day on Friday on the legal procedures she followed when she flew down to Virginia to search and seize Paul Boyne’s computers, pack them up and fly back to Connecticut and hand them over to State’s Attorney Jack Doyle, who is prosecuting Paul Boyne in New Haven criminal court, 235 Church Street, Room 5A, along with States Attorney Greg Borelli. Judge Peter Brown has denied Boyne’s attorneys motions to have the evidence suppressed due to McCord not following proper procedure.

McCord had spent the previous day reading into the record the inflammatory, racist, anti-Semitic, homophobic, sexist, conspiracy theorist, and extremely violent words of Paul Boyne’s blog aimed at CT family court Judges. Everyone in the courtroom expressed shock, including the jurors. The members of Mr. Boyne’s all White New Haven County suburban jury most likely do not have much exposure to racist, anti-Semitic conspiracy theory pod casters such as Nick Fuentes, Candace Owens, or Tucker Carlson, or fringe groups such as the KKK, whose cross burning activity is protected under the First Amendment, much to the consternation of Justice Clarence Thomas, who dissented in the Virginia v. Black: “I believe that the majority errs in imputing an expressive component to the activity in question. In my view, whatever expressive value cross burning has… The world’s oldest, most persistent terrorist organization is not European or even Middle Eastern in origin. Fifty years before the Irish Republican Army was organized, a century before Al Fatah declared its holy war on Israel, the Ku Klux Klan was actively harassing, torturing, and murdering in the United States. Today . . . its members remain fanatically committed to a course of violent opposition to social progress and racial equality in the United States…”

McCord testified for days about the dangers of Mr. Boyne’s blog’s references to guns, bombs, laser beams, blood, etc… On cross examination Ms. McCord admitted that when she searched Mr. Boyne’s parents property, where Mr. Boyne lives caring for his elderly parents, she was unable to find smart bombs, dumb bombs or laser beams. All she found was a laptop. She took a video of her interactions with Mr. Boyne on her go pro. Paul Boyne gave her a long lecture on the First Amendment. I am trying to get a copy of the videotape. She said she had no background in investigating First Amendment cases.

Mr. Boyne has not been charged with incitement violence against the judges or threatening anyone. Boyne has been charged with “stalking by speech” which basically means he doxed judges on line and advocated for the destruction of the Jewish family court conspiracy to protect Christian children against pedophile judges. Obviously Paul’s words are at the fringes of society, although the opinions on the fringe are becoming more mainstream every day.

“The risk of over criminalizing upsetting or frightening speech has only been increased by the internet. Our society’s discourse occurs more and more in “the ‘vast democratic forums of the Internet’ in general, and social media in particular…Many of this Court’s true-threats cases involve such charged political speech. This speech exists in a gray area where it will be hard to predict whether a jury would find it threatening. And the ubiquity of such speech raises the possibility of highly discretionary enforcement. The burdens of over criminalization will fall hardest on certain groups. A jury’s determination of when angry hyperbole crosses the line will depend on amorphous norms around language, which will vary greatly from one discursive community to another. Juries’ decisions will reflect their background knowledge and media consumption. Speakers whose ideas or views occupy the fringes of our society have more to fear, for their violent and extreme rhetoric, even if intended simply to convey an idea or express displeasure, is more likely to strike a reasonable person as threatening. Members of certain groups, including religious and cultural minorities, can also use language that is more susceptible to being misinterpreted by outsiders. And unfortunately yet predictably, racial and cultural stereotypes can also influence whether speech is perceived as dangerous.” Counterman v. Colorado (Supreme Court 2023).

I find it very odd that Paul Boyne’s public defender, as well as State’s Attorney Jack Doyle, picked a jury without any African-Americans or other minorities in a City that has a large minority population. There are professional jury consultants who would probably advise that Paul try to get African-Americans on the panel due to the fact that African Americans tend to favor the defense more than the prosecution, especially in the City of New Haven, where there has been a long history of corrupt policing, which has been assisted at times by the prosecutors office. Prosecutor Jack Doyle is well known in New Haven’s African American community. Jack would probably want an all White jury to convict to prevent Paul from claiming he didn’t get a fair trial due to the presence of African Americans on his jury. If Paul is acquitted Jack can blame the all White jury for failing to convict a racist in a sanctuary city.

Paul is getting “special treatment” from African American Judge Peter Brown, who locked him up for 2 weeks on a $1.5 million bond because Paul posted the State’s witness list on the Internet, which was completely improper and would have been reversed on appeal had Paul not been released by Judge Brown before the appeal was to be heard. See document below. The City of New Haven and the State of Connecticut has recently been subjected to numerous lawsuits pertaining to corruption in the New Haven Police Department which resulted in the incarceration of innocent men, mostly African Americans, for decades. You would think that things have changed in the New Haven criminal justice industrial complex. I guess not. When a New Haven cop abuses his power you can sue the City of New Haven. When a Judge abuses his power who can you sue? Nobody. Judges are protected by “judicial immunity.” Prosecutors also are protected by laws of State immunity.

Why should you be allowed to sue cops and not be allowed to sue prosecutors and judges for abuse of power? The checks and balances in a democracy create three branches of government, in which the Judiciary is able to declare a law unconstitutional or deem a State action illegal, a check on governmental overreach and abuse. But there is no branch of government that checks the actions of the Judiciary. You can’t even obtain records about the motives of anyone connected with the Judiciary or prosecutor’s office for that matter. All internal documents and communication within the Judiciary and the CT Dept of Criminal Justice are not considered public records and thus not subject to inspection under the Freedom of Information Act.

The State is spending a lot of money prosecuting Mr. Boyne. The prosecutor, Judge, and public defender each earn about $200K a year, not to mention the salaries of their assistants, court reporters, marshals, Department of Corrections employees, probation officer, and support staff. What does the State hope to achieve by locking up Paul Boyne? There are millions of Paul Boyne’s following the racist Anti-Semitic conspiracy theorists Nick Fuentes, Candace Owens and Tucker Carlson, posting the most vile comments on their Twitter posts. Should the State of Connecticut go after all those Paul Boynes? Even if the State convicts Paul Boyne eventually Paul Boyne will be released from prison and go back to posting his blogs from the IP address of his local Starbucks. Will the State go through the time and expense of getting search warrants for video cameras and Internet access from the local Starbucks? Will the victims of Paul Boyne feel safe once Boyne is locked up? Is any public figure truly safe these days?

The case will continue with evidence on Monday 3/2 in Courtroom 5A, 235 Church Street, New Haven, CT, Judge Peter Brown Presiding. The Judge victims of Paul’s crime are expected to begin their testimony.

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