Some Additional Reflections on My Arrest at a Romney Event in Hudson, NH

by Matt B. on January 10, 2012

[For those who've read the previous post, please know that about half of this material is repeated.]

On Friday, January 6, I took a bus from my home in Boston to Manchester, NH. I was planning to attend a few Republican primary events, write a few posts for this blog, maybe cross-post them on HuffPo, and head home the next day.

But the famous retail politics atmosphere of New Hampshire was exhilarating. I was watching the candidates up close, trading notes with citizens and reporters about the campaigns, and then slurping up diner food while I processed my thoughts. I decided to stick around for a few more days, so I rented a car and found a family friend in Nashua who offered a spare bed.

On Monday, January 9, I drove a couple of towns over to see Mitt Romney speak at the Gilchrist Metal Fabricating Company in Hudson, NH. I walked into the big machine shop, put my backpack and jacket down on a seat near the stage, asked a neighbor to watch them, and went off to find a restroom. Afterward, I was chatting up a campaign staffer when a police officer approached. Sir, we have to ask you to leave the premises.

“Sir, is this about my backpack? I’d be happy to show you – there’s nothing dangerous in there.”

“No, sir – we’ll explain it to you outside.”

I gathered my things and walked past a group of citizens and press, humiliated and confused.

Outside, the officer said, “Sir, the campaign has identified you as someone who was at a protest at Romney’s office in Manchester.”

Now I was really confused. Protest? I didn’t even know there had been protests at Romney’s headquarters, and if there had been, I certainly hadn’t been at them. (Later, after I got out of jail, I looked on the web; I still haven’t found any news stories about protests at Romney’s offices here, though Occupy protesters have attended several of his events.)

I explained to the officer – his name was Lamarche, and his partner’s was Ducie – that there must have been some misunderstanding. Could I speak to someone from the campaign to clear this up? No. I’d have to leave immediately.

I asked about his authority to remove me. “We’re working for the Romney campaign,” he said. I asked if he was on-duty; he said he was. My confusion deepened. So was he working for the town of Hudson today, or for the campaign? “Both.” (Later, I think I got it straight: the campaign hired the police for the day, sort of like a private security detail.)

I thought about Romney’s campaign staff inside. They had mistaken me for someone else, and that was enough – I was out. They had imagined trouble and whisked it away, out of sight. And the police – my police – were being paid to do their bidding.

I asked again to speak to someone from the campaign or the company who owned the plant. The officer refused; the company had delegated authority to the campaign, and the campaign had authorized the police to remove anyone the campaign didn’t want present. But wouldn’t it be simple for me to just talk to someone and explain the mistake? Too many people around, the cop said. Apparently it would be too big a bother. I either had to leave the company’s property or face charges for criminal trespass.

My reason-seeking brain couldn’t take in what was happening. I had come here to be a part of the primary process, to see it first-hand and to write about it. I had already attended events with Rick Santorum, Rand Paul, and Newt Gingrich (and I would later see Ron Paul and Buddy Roemer). In each of these instances, I had come to understand the candidates and their views better and had developed greater respect for each of them. And I fully expected that the same would happen with Romney.

In other words, I came because I was curious, and on my own nickel. I wasn’t part of any protest group or in anyone’s employ. Couldn’t we just have a reasonable conversation and figure this out?

I asked another question or two, and the cop had had enough: “You’re under arrest.” He took my things, handcuffed me behind my back, searched me, and tucked me into a nearby cruiser. I could overhear him talking about going through my things, and he answered a question from the media. I was “the subject.”

A few minutes later, an officer removed me from the cruiser and had me lean up against another police car and spread my legs for a second search. Two or three TV crews had their cameras trained on us; I felt ashamed in a wholly unfamiliar way. I wanted to look directly at the cameras and explain what had happened, but I feared the police officers’ reaction.

I was tucked into the second cruiser and driven away. The camera crews continued filming. A protester – oh, did I mention that there was an actual protest there? – yelled, “Free the prisoner.”

***

The holding cell at the Hudson Police Department. (I was allowed to use my own phone to make phone calls, and I snapped these pictures as well.)

The holding cell at the Hudson Police Department. (I was allowed to use my own phone to make phone calls, and I snapped these pictures as well.)

At the police station, an officer put me in a cage and asked to remove my shoes, belt, and sweatshirt and place them on the floor between us. He asked me to lift my feet so he could inspect them. He did so tentatively, from a distance.

An officer named Manni and another officer processed my paperwork. As they did so, they told me not to go back to “that area” when I was released. I indicated that I understood I wasn’t permitted to be on the company’s land or in their facilities, but surely I could go back to the street if I so chose – it’s public property, after all. Don’t go back to that area, they said. If you go back, you might cause a disturbance or a riot, and you could be arrested for disorderly conduct.

I tried to keep calm and ask even-keeled questions. Were they telling me I wasn’t even permitted in the street near the facility? And if so, on what grounds? (I wondered, Is the Romney campaign just permitted to cordon off a whole neighborhood?)

And then the following exchange took place. I began to ask, “If I express my First Amendment freedoms –

And Officer Manni interjected, “You’ll probably be arrested.”

I couldn’t locate words. (I’m not entirely sure he said ‘probably,’ but I want to give him the benefit of the doubt.)

It was clear to me that the two officers had no interest in discussing what the law actually said, or what my rights actually entailed. I was paperwork, and they wanted to get it over with. I kept asking questions, and at one point, one of them opened up the New Hampshire legal code and read me the definition of disorderly conduct. He read the words dully, as if they were just syllables, with no interest at all in what they meant.

I asked the officer if he could help me connect what he’d just read with my situation and understand why it would be a problem to return to the street outside the event. He told me that I might return and say things that “aren’t what others think.” [It might have been "aren't what others believe" or "aren't what most others believe." I'm not 100% sure.] It was incredible – he actually paused before he said those words, as if searching for something politically correct to say. I don’t think he realized that the words he found had so little to do with the letter and spirit of our laws and Constitution.

***

My cell was down the hall and to the left.

My cell was down the hall and to the left.

An officer returned, and I given a choice: I could either post bail or spend the night at a nearby jail and see a judge for an arraignment in the morning. Neither option seemed particularly fair: I could either pay money for not having done anything wrong, or I could go to jail and take my chances with a judge for not having done anything wrong. I wasn’t sure I’d hold up very well in jail. I was already shaken and lightheaded, and my heart was still going hard.

I opted for bail, and I was brought back out to the holding cell for mug shots. (Officer Manni made sure that I knew not to smile. “The court doesn’t like that. They take it as an insult.”) He then took a second set of mug shots in a different room. (The first, if I remember correctly, were for the local police department’s records. The second would be sent to other state and local law enforcement agencies and the FBI.)

Last came fingerprints. The prints involved no ink; instead, a digital machine captured my “finger slaps.” Each time the laser-reader scanned my fingerprints and recorded the image, it read “Scan Complete!”

Officer Manni put me back in the holding cell to wait for the bail bondsman, and I sat there for the next couple of hours. At some point, he offered to let me make a call, and he allowed me to use my own phone to do so. “Can I make more than one?” I asked. He didn’t care: “You’re not a murderer.”

So I called a journalist friend, hoping she was nearby. (I only had $16 in my wallet, and I wasn’t sure if I’d need help making bail.) I called my dad, too, and a couple of other friends. Then, remembering I had internet access, I searched for news of the arrest. It had been reported by a local CBS affiliate.  Unfortunately, the reporters (or the police with whom they interacted) had gotten the facts wrong. (Contrary to what the story had indicated, I had never spoken with the owner of the company where the event had been held. In fact, I had asked Officer Lamarche for that very privilege and been denied.)

I was humiliated again. There was a picture of me looking like a thousand other pictures I’d seen, being cuffed and taken away. I saw myself like I imagined others did: Just some jerk who refused to play by the rules and got himself arrested by good, upstanding policemen. And I was in a cage with no way to respond.

I sat and talked with Officer Manni. After what had felt like a tense conversation earlier, he was friendly with me – I was freezing in the holding cell, and he let me have my sweatshirt and jacket. We chatted about his time as a cop in Boston, and we joked about Hahvahd. He answered my questions about what might happen at the arraignment as best he could.

Eventually, nearly four hours after Officer Lamarche had first taken me aside, the bail bondsman appeared. He was friendly enough, though he – like some of the other policemen at the station – seemed to think I had been protesting down at the event. I explained otherwise, and he brushed it aside. What had happened or hadn’t happened wasn’t his concern; he was interested in getting through the procedure and making sure I didn’t get in any more trouble.

He issued me an order to appear at an arraignment in Nashua on January 26th; I would face a charge of criminal trespass. I told him I didn’t have enough money to pay my bail, but that I’d be happy to go to a nearby ATM and get it. He offered me a ride, and we chatted along the way.

I liked him. He didn’t seem to think I was a bad guy, and he treated the whole thing matter-of-factly. I asked if there was any way this wouldn’t appear on my record, and he said no. Make sure you appear at that court date, he said. He explained how things might shake out at the arraignment – what my plea options were, that kind of thing. He seemed to genuinely want things to go well for me. And when he dropped me off at my car, he had some last words of advice, “Don’t hang around this area.” Apparently, even hours after the event had ended, the Romney campaign and the local police were still present, nibbling away at my freedoms.

  • Keith

    heh, I’d have done McVeigh personally without due process. But I’m vetran and don’t feel proven traitors (or crimnals caught inflagrent delecto) need a trial. But hey what do I know? I was in the Gulf Was and no for a fact we did the right thing, there were WMD’s in country into the late 90′s and that racists  are uneducated.

  • Keith

    Indeed on the very first post. That’s CLASSIC trollery and not very educated or informed trollery at that. Yeah I cleared the air a bit adn if anyone paid attention to the article they’d easily see that Matt didn’t do a thing. The stooges for Romney did.

  • Moreta57

    Are you high?

  • Moreta57

    I like the idea of contacting the ACLU

  • Dale

    Matt, I hope you can keep everyone posted on your outcome. I do have a couple of questions for guest who refered to  you as,  “Matt or is it Peter?”.  Why did you refer to Matt in that way? Also you stated, “You were treated like someone under arrest and appeared to be very complient from what I saw.”  Is it possible that you were with  the arresting officer or someone from the Romney staff who observed the incident, or am I just reading it wrong.

  • BPorter51

    This needs to go public. I’m posting on my Facebook page. Would really love to find some video. Even though Romney was speaking at a private business, it was still an event open to the public, not invitation only. Logic tells me that if the owner of the property, not the campaign staff, had asked him to leave and he didn’t, that would be trespassing. And, since there were no charges for resisting arrest or disorderly conduct, I feel it’s safe to assume that he was there, like everyone else, to hear Romney speak. So why was Matt singled out?

  • Wildcatbungalo

    This is why I won’t vote for Ron Paul.

  • http://www.facebook.com/profile.php?id=1159976344 Bryan Borsa

    Can the police even charge you with “criminal trespass” without some sort of affadavit from the actual owner of the property? and, if not, pushing for a signed document from the actual property owner might be enough to get the case dismissed.  In which case it /won’t/ follow you around for the rest of your life, because if you’re not convicted you can get the arrest record and everything associated with it expunged ( might be some cost here, which is unfair ).  Furthermore, if there is no actual complaint from the actual property owner, well, did the police exceed their authority for charging you with trespass?  might be a way out there as well..  talk to a lawyer, find one that does free consultations if cost is an issue…

  • http://thewheatandchaff.com Matt Bieber

    Not sure! That was part of my confusion too! But I’m certainly going to find out.

  • Anonymous

    Incredible story. I want my country back.

  • http://thewheatandchaff.com Matt Bieber

    Amen.

  • http://thewheatandchaff.com Matt Bieber

    That’s what I’m wondering too! The Romney campaign still hasn’t responded. http://www.buzzfeed.com/rosiegray/arresting-officer-at-romney-event-says-student-ha

  • Guest 100

    “Innocent until proven guilty” and “to protect and to serve” are both sales pitches…my brother was charged with felony assault on the word of a Ambien addict. Was ultimately proven innocent when the accuser no showed at ANY of the trials.. but by then he had lost his job, his apartment (which was broken into), his truck, lawyers fees, and peace of mind… Guilty until proven innocent in a court of law…

  • http://thewheatandchaff.com Matt Bieber

    That’s a really terrifying story, Guest. I’m sorry to hear it.

  • http://thewheatandchaff.com Matt Bieber

    Hi Dale,

    Not sure who Guest was. As for my name – my first name is Peter, and my middle name is Matt. I go by Matt. My Twitter handle is PMatty_Bieber. So I see why people get confused!

  • http://www.facebook.com/people/Scott-Lord/39200706 Scott Lord

    Just wait until you will be held indefinitely.

  • Shark Man

    You went through it, and the experience will only help guide you in the future. Continue to play your part in the fight for liberty. 

  • http://thewheatandchaff.com Matt Bieber

    Thanks so much, Shark Man! That’s the attitude I’m trying to take.

  • Devodsaasdas

    You are quoting the wrong passage.  Yes, that ‘section’ states that it does not apply to US Citizens, but that’s not the section people are complaining about.

    Try section 1022, which is directly about US Citizens.  It states:  “The requirement to detain a person in military custody under this section does not extend to citizens of the United States”

    Note the fancy wording – the military are “required” to detain non-US Citizens… but not “required” to do so for US Citizens.  However, this section clearly does not prohibit it, and in fact, Senators on the floor specifically stated it DOES apply to US citizens.

    http://www.salon.com/2011/12/16/three_myths_about_the_detention_bill/

    We now assassinate US Citizens without due process.  Why would people think this law doesn’t let them detain them without charge or trial as well?

  • Craigers11

    WTF? Go be a guest somewhere else.

  • brian58

    These are the stories that raise my blood pressure.  Shame on Romney, shame on the police and shame on those who think this is the way we are supposed to behave.

  • Katrina

    Unbelievable story. Wow.

  • http://www.facebook.com/people/Benjamin-Knapic/744271584 Benjamin Knapic

    that sucks so bad dude.  especially that you had to get fingerprinted and all.  now you’re in their system.

  • http://thewheatandchaff.com Matt Bieber

    Thanks brian58. It was really unnerving, that’s for sure.

  • http://thewheatandchaff.com Matt Bieber

    Thanks Benjamin. I’m hoping that all of this can be cleared away, legally. I’ll find out from the ACLU today, I hope.

  • Rebecca

    “Security” was out of control this weekend.  I was assaulted by one of Newt’s goons and wrenched my back.  I’m pressing charges, and there’s an investigation underway. 

  • crazy goat woman

    I lived through the sixties. I never trusted authority and still believe that if you want to be in power you should be banned from power for life.  This is a clear abuse.  I hope your story get out and makes headlines but it probably never will.

  • Totalfool

    You have just discovered the reality. You are young. Naive. THEY run the place, you do not. You may have “rights” but on the street and on a moment-to-moment basis you have almost NONE. You can be asked to leave ANY PLACE AT ANY TIME. Who are THEY? Ha ha. THEY you are not one of. Even studying at Harvard, and writing speeches for people, you are not anointed.  Go ask ur friends with Biden about it. And BTW, NGOs are pure EVIL. You are smart enough to know why, think about it kid.

  • Sputnik102

    Happened all the time during Bush’s appearances.  In WV, at the state capitol (public property), 2 people who had purchased tickets to the event were arrested for “trespassing” because they were wearing T-shirts with anti-Bush slogans.  The charges were later quietly dropped, but they had been removed, problem solved as far as the campaign was concerned.

  • http://www.facebook.com/profile.php?id=100000505341459 Brandon D Crabtree

    III (c) Disrupting any lawful assembly or meeting of persons without lawful authority. 
     Since you were labeled as a protester by those holding or under the employ of someone holding the event the police would of used this portion of the law to remove you from the area and/or arrest you.
    II (e) Knowingly refuses to comply with a lawful order of a peace officer to move from or remain away from any public place;After being instructed to leave by the police this portion of the law then came into play. It why they could arrest you if you went back since they instructed you not to return to the area.

  • http://thewheatandchaff.com Matt Bieber

    Pretty scary, Sputnik. I’d be interested in reading more. Do you have links to news sources, by any chance?

  • http://thewheatandchaff.com Matt Bieber

    A couple responses, Brandon.

    I didn’t disrupt anything. I wasn’t protesting or chanting. I was chatting amiably with a campaign volunteer.

    As for the second point, I’m not sure I follow.  What about the instruction to not return to a public space was “lawful”?

  • http://www.facebook.com/people/Greg-DeLelles/1724221609 Greg DeLelles

    A very sad day in America………

  • http://thewheatandchaff.com Matt Bieber

    Amen!

  • David

    Beyond the weird injustice there was one thing that really bothered me and I couldn’t figure out why until now.  The police have the ability to arrest.  A security guard has some powers, but arrest is not one of them, for good reason.  A security guard works for a private institute, paid by a company.  A police officer works for the city, paid by the city.  I have no objections to police being hired as part time security, they have years of training in dealing with the kinds of things likely to come up in a security detail.
    However, when they were hired for this function to act in a police manner, not just as security, it is quite literally a case that the police had been bought.  Matt was arrested not because he was doing anything wrong, but strictly on the police’s employer’s say so.  One person says “security, this guy is a problem” and the police, acting as police and not as security, handled it entirely on that person’s word.  The police should never, ever, EVER respond to private money.  If you’re an officer hired as security, you are security, and if someone needs to be arrested, you call the currently on duty police to come and establish if the person in question really needs to be arrested or not.  If you don’t establish this separation of police and security then you end up in this situation where a private entity basically arranged for one person who did nothing to be arrested.  That is the thing which strikes me as being so very, very wrong.  It isn’t that Matt was told to leave, which is regrettable but people are asked to leave private property all the time.  It isn’t that Matt was arrested, if security asks you to leave a store and you refuse, the police can come down and arrest you for trespassing, it happens fairly frequently and I am glad when it does (within sanity, of course).  It is when these two things happened at the same time that is the thing everyone should be worried about: a private entity paid police to be there, pointed at someone, and that someone got arrested by those police that the private entity had paid to be there.  That is very, very wrong.  I think I’ve rambled on quite a bit but I don’t think I could ever explain well just how much contempt I have for this bit of liberty lost: a company paid to have Matt arrested.  He wasn’t arrested because police thought he was doing anything wrong, he was arrested basically because a company gave the police money.

  • Rebecca

    Yes!! That is so well put!  In my case, the police said they could arrest me for trespassing if I didn’t leave AFTER being assaulted while simply standing holding a sign, because it was private property (a restaurant) and Gingrich’s people had rented it and wanted me to leave.  I didn’t put it together at the time, but I wasn’t trespassing unless the restaurant owner asked me to leave, and  I wouldn’t.  Thanks for helping me put that together, David.

  • Joel S Henderson

    Wow this is incredibly maddening as well as extremely sad…please keep us all up-to-date on this and also please consider that you could easily generate a large crowd of supporters for any sort of public exposure that you’d consider…

    Either way, I think you have a lot of people who support you

  • Jacques

    <>

    Same thing happened to two friends of mine at a bar in Dallas. The bar owner hired off duty DPD, and they put out the call on the radio for ON duty police and whisked half of us to jail after speaking briefly with the off duty DPD police, and before before speaking with other witnesses. 

  • Anonymous

    Man, sounds like the minor version of the NDAA to me.

  • http://www.facebook.com/casey.peak Casey Peak

    Because you like people being arrested for exercising their rights?

  • http://www.facebook.com/doctorparadox Clay Smith

    You should sue the police personally under Title 42, of the United States Code for police misconduct. If it’s a civil rights violation their immunity can be waived, and the individual cop’s personal bank account can be accessed for the violation. Probably won’t work, but you can always give them a ride through the court system, the same way they did you.

  • http://thewheatandchaff.com Matt Bieber

    That’s a really interesting analysis, David. I’m not totally sure how I feel about it at a theoretical level: if this hadn’t been an event open to the public – if, instead, it had been a large (but explicitly members-only) event, then I think I wouldn’t mind so much how things turned out. As it was, though, it was a very public event…

  • http://www.facebook.com/people/Matthew-Ash/1237863605 Matthew Ash

    Its a shame that the police didn’t tell you what you was being removed for and eventually being arrested for. The Police department needs to have a training class on the Constitution and Bill of rights. No matter what your state and local law says the Constitution and Bill of rights superseeds them. Good luck to you at your hearing, I truely hope freedom and liberty prevail. Oh by the way if you ever want to go to a Dr. Ron Paul rally im sure you will be welcomed with open arms.

  • Guest

    So tie up another officer from the town who is looking to keep the rest of the town safe just because someone did not want to leave private property after they were asked to do so several times? Everyone has an answer to this incredible injustice. This is only one side to the story…

  • mamacita

    Unbelievable and outrageous!!  Cannot even fathom the power those police officers wielded over an erroneous accusation!  Sounds like this was a public campaign event that anyone should have been able to attend. I say lawyer up – get the media involved loudly - stand your ground and sue the hell out of the campaign, the accusuer, the company owner and the local police for violation of your civil rights and defamation of character too!!! Good luck – will be watching for the out come of this unjustice!

  • Jerry

    hey you got caught, suck it up, you did your time, move on.

  • Obama Is A Traitor

    I guess it’s safe to assume you won’t be voting for Romney then.  Sucks you had to be wrongfully arrested though, you should sue the police, the Romney campaign, Romney himself, and the city of Hudson, for wrongful arrest, defamation of character (you said there was news media filming, I would assume that would be enough for defamation), and of course the time and money it cost you to get out of jail.  Vote for Ron Paul, and things like this won’t be happening in our country anymore.. Or if they do, the people who commit these acts will be prosecuted to the fullest extent of the law.  Either way, everybody involved in the passing of the NDAA (including the domestic terrorist Obama) should be prosecuted for TREASON, and punished accordingly.  Too bad the protesters, who I’m assuming outnumbered the police by a large number, as they usually do, didn’t take on the police by force because the police were breaking the law themselves, making them subject to citizens arrest.

  • Mary Laiuppa

    Typical GOP talking points designed to protect Fascist policies. Repub1%can’ts hold these public events on private property expressly to use this double speak to arrest or drive off anyone that might make them look bad. Well, in this case, policy has come back to bite you. 
    It was a public event. He was never told he could not attend. If the public was invited he was invited.He was not causing trouble or disruption. Neither was he defiant. He was asking questions to help clear up a misunderstanding until an impatient police officer decided to make an example of him. Probably because he couldn’t answer the reasonable questions satisfactorily and didn’t like being shown a fool. 

    Since when is asking for clarifying questions a crime? He asked for a staffer to come and vouch for his innocence and right to be there. That is not a crime.

    The only *incident* was the one instigated by Romney Staff ordering the police to arrest Bieber.

    I think Matt should be grateful they didn’t tie him to the roof of the cruiser for his trip to the station. 

  • David

    Yes, actually, that’s exactly the way to do it.  First, they should have been hiring off duty police: the fact that they were on duty police is already one body focused on a private event that instead could have been out protecting the public.  Second, that is exactly how it happens at any other event with private security: if someone needs to be ejected and they refuse, the police are called who then make the judgement call as to whether the person really is causing a disturbance and needs to be arrested.  This should not have been a special situation, it should have been handled exactly as every other function where security is involved.
    Every other industry, when there is a conflict of interest, getting someone equally trained but not directly involved is the only way to be fair.  Teachers typically don’t grade their own child’s exams, bank tellers have to get someone else to do their personal deposits, even convenience store clerks aren’t allowed to buy lottery tickets at their own store.  Every other industry has checks and balances to ensure that power isn’t abused and sometimes those checks require a second person to come in.  Police work should be no exception.  Police work, in fact, should be held to even stronger checks and balances.  This may not be the whole story, but assuming that Matt isn’t mistaken about the officer that told him he had to leave and the one that arrested him being the same person then I don’t need the other half of the story to know that that wasn’t right.

  • http://twitter.com/deadpieface deadpieface

    You deserved every second of it you dirty hippie!  SIKE!  It makes my skin crawl to know that we are all just a minor infraction(or nothing at all in your case) away from arrest.  What would one call that….oh yeah a Police State.  We can no longer stand for this.  We have to start asserting our rights to defend ourselves against illegal arrest.  we have to stop consenting to this.  We have to make very big deals out of these things and post them everywhere on the internet.  The police and gov needs to have a healthy fear of us.  Now let’s do it.  Film them always.  Never answer their questions unless it is with another question.  Ask if you are being detained, if not.  Ask if you are free to walk away and do so. Always ask never state.

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