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Thread: NOTICE Section of a recent deposition in the Goldberg Federal Case

  1. #1
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    The wheels of Justice do grind slowly.

    The statements and transcripts ofdepostions in the Goldberg case areshockingly in favor of Mr. Goldberg!

    READ FOR YOURSELF

    Did Officer Lee discuss Sergeant Furlong's determination to charge Mr. Goldberg with breach of peace?

    A No.

    Q And what was Officer -- you became the arresting officer at some point, correct?

    A Correct.

    Q When did that happen?

    A Throughout the entire case, I was always going to be the arresting officer. It's my area.

    Q Okay. I understand. And Officer Lee, how would you characterize his role in this arrest?

    A Purely backup officer, provide assistance.

    Q Now, when you testified that there's no law against openly carrying a pistol in Connecticut, is that something that you have known for a period of time?

    A Yes.

    Q How long have you known that?

    A Since the -- prior to the police academy.

    Q Is that what they teach at the police academy?

    AYes.



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    MORE TID BITS FROM THE DEPOSITION:

    Q And when Sergeant Furlong told you to place Mr. Goldberg under arrest for breach of peace, did you have any discussion with Sergeant Furlong about that?

    A Nope.

    Q And am I correct that -- well, I don't know if I'm correct or not. I'll ask you. Would it have been out of place for you to discuss this with your shift supervisor, you know, what to charge Mr. Goldberg with?

    A No, it would not have. If I felt there was anything out of -- that I needed to discuss with him or I did not understand, then I would have asked him.

    Q Okay. And did you ask -- did you consider asking Sergeant Furlong whether Mr. Goldberg should be charged with openly carrying a pistol?

    A No.

    Q Why not?

    A That wasn't a question. That wasn't anything to do with the issue we were dealing with at the time.

    Q So to your knowledge, was Mr. Goldberg's pistol visible to anyone in the restaurant?

    A Yes.

    Q Okay. And so it was -- and so do you agree that when it was visible to people in the restaurant, it wasn't concealed at that point?

    A I agree.

    Q Okay. And so he was -- in having the pistol visible to others, he wasn't concealing it, correct?

    A That's correct.

    Q Okay. And in your -- you don't know of any statute, other than breach of peace, that Mr. Goldberg could have been charged with for showing his pistol openly to other people?

    A It's not a crime in Connecticut.



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    are these docs somewhere online?

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    Not at this time, but they may be available very soon.

    I am do have the depositions and will be posting them for all to read.

    Check back, I'll convert this one to PDF and put up a link.

    Here is the PDF Deposition, please read it and then ask why James Goldberg was arrested.

    http://ctgunrights.com/Goldberg%20Fi...mon%20Depo.pdf

    There will be more depositions posed in the future, including theChief of Glastonbury P.D.




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    Thanks!

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    So the long and short is, you enter late, play backup cop, your boss does the initial discussion with the < victim > person, your boss does the investigation, and your boss says arrest this guy on Breach of peace, and solely because it is your territory, you arrest, and now get to be named in a lawsuit.

    I feel kinda bad for this guy.

    I also have a hard time believing that they did not discuss this case over the watercooler, but whatever.

    Interesting read.

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    dwayner79 wrote:
    So the long and short is, you enter late, play backup cop, your boss does the initial discussion with the < victim > person, your boss does the investigation, and your boss says arrest this guy on Breach of peace, and solely because it is your territory, you arrest, and now get to be named in a lawsuit.

    I feel kinda bad for this guy.

    I also have a hard time believing that they did not discuss this case over the watercooler, but whatever.

    Interesting read.
    "I was just following orders" didn't work at Nuremberg, shouldn't work here either. Every fully-sworn police officer has exactly the same authority (and responsibility) to determine whether probable cause exists, up to and including refusing unlawful orders and arresting their superiors and fellow officers for criminal violations.

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    Sounds to me whoever ordered the arrest isn't a big fan of citizens open carrying in Connecticut.

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    Citizens are allowed to carry in Connecticut?

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    Statkowski wrote:
    Citizens are allowed to carry in Connecticut?
    yes and openly to.

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    Just finished reading the deposition. "I arrested him because I was told to arrest him, but I don't know why he was being arrested." Sheesh!

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    UPDATE:

    I know that everyone has been reading these depositions of the Glastonbury Police Officer that were present the night that James Goldberg was arrested. I also know that everyone has been fascinated with what has been said under oath.

    Here is the latest deposition of Glastonbury Police officer Kenneth Lee.

    Read the PDF file and pay attention to the yellow highlighted area because the make very interesting reading.

    The Glastonbury Police Chief is the next one who will explain what happened under OATH.





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    it is looking like the towns case is falling apart on them. it is so bothersome that your fate is in the hands of a cop when someone complains about you because they are ill informed. it really is almost as bad as being arrested for driving your car the speed limit.

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    Evidently, these cops believe that lawful activity can be a breach of peace.

    So........

    ....If I were offended by a person wearing a blue shirt, I could call the police and that person would have to be arrested for breach of peace, right?

    Even though wearing a blue shirt is a legal activity, it's the public's reaction to that legal activity that determines whether or not is constitutes a "breach of peace" correct?

    If this case isn't determined in Mr. Goldberg's favor, I'd be calling the cops on everyone wearing a blueshirt.

    After all, since I'm frightened by people in blue shirts, this makes it a "breach of peace", according to the police there, right? The lawfulness of the activity has no bearing, correct?

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    Superlite27 wrote:
    SNIP After all, since I'm frightened by people in blue shirts, this makes it a "breach of peace", according to the police there, right? The lawfulness of the activity has no bearing, correct?
    Go for "black man wearing a hoodie." With any luck, it will be an off-duty cop who is black and wearing a hoodie.

    Five extra points if he is wearing baggy pants or sweat pants.
    I'll make you an offer: I will argue and fight for all of your rights, if you will do the same for me. That is the only way freedom can work. We have to respect all rights, all the time--and strive to win the rights of the other guy as much as for ourselves.

    If I am equal to another, how can I legitimately govern him without his express individual consent?

    There is no human being on earth I hate so much I would actually vote to inflict government upon him.

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    The sad thing is that this cop knew the law, knew that open carrying is not illegal with a permit and went along with it regardless. His sargeant (Furlong) basically set him up for a mess of hurt and this guy did nothing to distance himself from the funk of rights violations.

    I hope the town's case falls apart on them, I hope the 2nd circuit court of appeals spanks the crap out of the town as well as the Attorney General for letting such a travesty go on for so long. Hopefully Mr G. will have enough renumeration to pay for the destroyed pistol many many times over.



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    GoldCoaster wrote:
    The sad thing is that this cop knew the law, knew that open carrying is not illegal with a permit and went along with it regardless. His sargeant (Furlong) basically set him up for a mess of hurt and this guy did nothing to distance himself from the funk of rights violations.

    I hope the town's case falls apart on them, I hope the 2nd circuit court of appeals spanks the crap out of the town as well as the Attorney General for letting such a travesty go on for so long. Hopefully Mr G. will have enough renumeration to pay for the destroyed pistol many many times over.

    i think the above red is what gets me the most. the kid was not o/c he was concealed but it became exposed. he was eating, not making threats or being violent ect. eating. this is what the dps is proposing to change and a simple print will be arrestable if someone complains. if this case gets ruled in goldbergs favor, the state will have a hard time doing anything.

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    I know this would not happen, but the Chili's manager is the only person in the building who "recklessly caus[ed] annoyance and alarm" by overreacting and making everyone leave the place.

    Charge her with BoP.

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    I need to correct one statement. James Goldberg was not EATING at Chili's, he was sitting in the To Go area waiting for his Chicken Fingers.

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    "I hope you had a hell of a meal of chicken fingers James"

    (with apologies to those that don't know the line from Fast Times at Ridgemont High)

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    Edward Peruta wrote:
    I need to correct one statement. James Goldberg was not EATING at Chili's, he was sitting in the To Go area waiting for his Chicken Fingers.
    i am sorry for mis stating his reason for being there. thanks for the correction mr. peruta. still bs

  22. #22
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    i don't know. i read some of the deposition, seemed like a whole lot of 'my name be rufus, and i don't know nothing" going on on the police part. so instead of disorderly conduct, now it's breaching the peace to wait for your chicken nuggets?!

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    They could have charged him with mopery with intent to gawk.

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    trampling the sheeple. stampeding the pragmatic, causing the evil eye to be cast upon you? oh, no wait a minute; it's called exercising a right. screw that place, and make my nuggets to go too.

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    Someone (perhaps on this forum) wrote something that I copied and quote everytime this subject comes up:

    Breach of peace is not a lawful charge if someone reacts negatively to your lawful behavior.

    If Mr. Goldberg doesn't win his case on the basis of the above statement, then clearly:

    Breach of peace IS a lawful charge if someone reacts negatively to your lawful behavior.

    Therefore,I'm going to call the policeevery timeI see someone walking a dog, even if it's on a leash, because I'm very frightened of dogs (which can escape theirownersandseriously maim or kill me).Owning and walking adog may be lawful behavior, but I react negatively to them,so I will LAWFULLY CHARGE Breach of Peace.



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