Winnipesaukee Forum - View Single Post

Yosemite Sam · 11-29-2010, 07:06 AM

Here is another Independent observation with no dog in the fight:

Below is what THE SUPREME COURT OF NEW HAMPSHIRE stated as to why they upheld the conviction of Ward Bird:

“Christine Harris arranged to meet a real estate agent on March 27, 2006, at his office to view a property for sale in Moultonborough owned by Patricia Viano that Harris was interested in purchasing.

That day, she called the real estate agent to inform him she was running late and could not make the appointment. Because he could not meet her later that day, she decided to look at the property herself.

During her drive to the property, she became lost and stopped at the home of the defendant’s niece, where she asked for directions. The niece told her that the most direct route to the property was Emerson Path to Yukon Trail, and then a road to the left with a small bridge over a stream. The niece told her that if she passed a white “job trailer,” she was on the wrong property.

After Harris left the home of the defendant’s niece, the niece telephoned the defendant to warn him that Harris was going to look at the Viano property and that she might show up on his property. She also told the defendant that Harris was driving a Ford Ranger.

Harris followed the niece’s directions and drove past signs that stated “Private road, keep out” on Emerson Path and “no trespassing” on Yukon Trail. She missed the left hand turn off of Yukon Trail, drove past the white trailer, and ended up in front of the defendant’s house. She parked her car and got out. The defendant emerged from his home “screaming, get the F off my property.” He came down from his porch, continuing to yell profanities while waving a gun at her.

At trial, she testified that he pointed the gun “[t]owards” her. Harris asked the defendant whether he was the boyfriend of the woman selling the property. He repeated his command for her to leave his property.

Harris eventually climbed back into her car, mouthing “[w]hat an ass.” The defendant then walked off the porch toward her waving his gun as she backed out of the driveway.”

My thoughts:

Mark Sisti (Bird’s Lawyer), or Mark Bird did not dispute the fact that Bird waved and pointed a gun at Harris (at least the Supreme Court ruling did not say that they did).

Bird’s niece telephoned the defendant to warn him that Harris was going to look at the Viano property and that she might show up on his property.

The above being said, how could the NH Supreme Court not uphold the conviction of Mark Bird of criminal threatening per RSA 631:4 (2007).

11-29-2010, 07:06 AM	#109
Yosemite Sam Senior Member Join Date: Sep 2009 Location: Lakes Region Posts: 395 Thanks: 81 Thanked 95 Times in 56 Posts	Here is another Independent observation with no dog in the fight: Below is what THE SUPREME COURT OF NEW HAMPSHIRE stated as to why they upheld the conviction of Ward Bird: “Christine Harris arranged to meet a real estate agent on March 27, 2006, at his office to view a property for sale in Moultonborough owned by Patricia Viano that Harris was interested in purchasing. That day, she called the real estate agent to inform him she was running late and could not make the appointment. Because he could not meet her later that day, she decided to look at the property herself. During her drive to the property, she became lost and stopped at the home of the defendant’s niece, where she asked for directions. The niece told her that the most direct route to the property was Emerson Path to Yukon Trail, and then a road to the left with a small bridge over a stream. The niece told her that if she passed a white “job trailer,” she was on the wrong property. After Harris left the home of the defendant’s niece, the niece telephoned the defendant to warn him that Harris was going to look at the Viano property and that she might show up on his property. She also told the defendant that Harris was driving a Ford Ranger. Harris followed the niece’s directions and drove past signs that stated “Private road, keep out” on Emerson Path and “no trespassing” on Yukon Trail. She missed the left hand turn off of Yukon Trail, drove past the white trailer, and ended up in front of the defendant’s house. She parked her car and got out. The defendant emerged from his home “screaming, get the F off my property.” He came down from his porch, continuing to yell profanities while waving a gun at her. At trial, she testified that he pointed the gun “[t]owards” her. Harris asked the defendant whether he was the boyfriend of the woman selling the property. He repeated his command for her to leave his property. Harris eventually climbed back into her car, mouthing “[w]hat an ass.” The defendant then walked off the porch toward her waving his gun as she backed out of the driveway.” My thoughts: Mark Sisti (Bird’s Lawyer), or Mark Bird did not dispute the fact that Bird waved and pointed a gun at Harris (at least the Supreme Court ruling did not say that they did). Bird’s niece telephoned the defendant to warn him that Harris was going to look at the Viano property and that she might show up on his property. The above being said, how could the NH Supreme Court not uphold the conviction of Mark Bird of criminal threatening per RSA 631:4 (2007).