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A "Fake" Reporter? |
"...if he really is a Reporter!" (Prosecutor Bradley at trial)Well, there's no question as to Manzelli's status. He was there in public to gather material for publication on the web and on radio. Freeman's activity was purely legal for any person. "Press Privilege" is not required to commit acts of Journalism. So why explore this issue? Because Prosecutor Bradley made a point of questioning Freeman's status as a Reporter. Prosecution witnesses also lied collusively, that Freeman had pestered cops with close flash photography, and hurt a bystander. (Harer's post-affidavit embellishment that she was sent "to her knees" was suspiciously absent from Riel's story, even when pressed by Defense.) Perhaps one reason Persecution cynically disparaged Freeman's "reporter-ness" is that the bogus wiretap charge hinges on "secrecy" of the alleged recording, which they neither subpoenaed nor produced. Defense would find a powerful argument in the fact that reporters are known to record. (Again, the mic was in plain view.) Reporters are known to attach tape decks to the micropones they hold in their hands. Remember Harer even testified that the mic was visible, but with all his training, he missed it! |
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So...What makes Freeman a Reporter?
Short version: If it quacks like duck...
Long version: Freeman's first role in a documentary video was in 1975, at the age of 12. He has produced thousands of hours of live radio programming, and dozens of hours of highly polished programming for WZBC, WMBR, WMFO, and others, which he produces at his own studio.
Function: Freeman's motivation and intent were and are to document and to publish. He has the means to do this, and a history of doing it.
Appearance: Wearing two large cameras, a large pack with media equipment on it, and a belt pack with wires dangling from it, and holding a mic in his hand should cover it. His pack bears a sign with 2" letters with a website URL on it.
Behaviour: Freeman had been taking photos and interviewing people for half an hour. Sometimes he put the recorder on the ground while he took photos. Contrary to Persecution's claims of being sneaky, Freeman is well known to be the most conspicuous person alive.
Portfolio: Freeman's professional publishing credits are considerable...and easily available on the web. He's been a radio producer for many years. He was co-founder of a commercial color glossy family magazine produced in cooperation with Time-Warner. His material has aired on Boston Radio since 1990. His photographs have appeared in a dozen publications including photos purchased and published by two national magazines, Peacework, and Utne.
Harer Knew Freeman: Brian Harer had, weeks earlier, interfered with Freeman's coverage of a street demonstration. Freeman discovered this forgotten fact reviewing his photographs. "It blew my mind. Haveing reportd on dissent in Quebec, New York, Washington, even Philadelphia...that was the first time a cop ever did that to me, ordering me to the sidewalk like that. After the charges, I scnned some old film, and found the photo of that day and realized it was (Harer)! Uniforms make folks look the same. I didn't recognize Harer, but he would certainly have recognized me with my one-of-a-kind equipment "rig." Harer had an axe to grind."
Know the Rules The point is that Freeman knows you don't hide your microphone unless you know and observe the law well. A reporter (or any media worker) knows the game. Remember: Harer approached Freeman, not the other way round! Is it plausible Freeman hid a mic to record something he couldn't know was about to happen?
Press passes: We should mention that Commonwealth Press passes are so restricted, (requiring corporate full time employment by a major publisher,) that Freeman even applying for one could result in prosecution! Nonetheless, big business news employers are rumored to be securing the passes even for part-time employees. (Our source on this is a commercial news videographer.)
Why dispute Persecution's irrelevant attack?
Judge Forde improperly instructed the Jury that Freeman's activity was beyond prosecution's reach if they found that he was engaged in "legitimate newsgathering activity." (no criteria provided) In fact, his activity is Constitutionally protected, not as a journalist, but as a Citizen.
Bradley knows that Americans honor the rights of Journalism. Though we condemn them for being suck-ups and corporate tools. (Freeman agrees. That's why he does this work!) Americans know Reporting is a sacred function in a Democracy. (Do authoritarians like Harer support Democracy? If they do not, are they subversive? We say YES!) By questioning Mr. Manzelli's status as a Reporter, Bradley implicitly questioned Freeman's Constitutional Rights and moral obligation to DO Journalism. And every American has the Right to Do Journalism! And that simple fact drives authoritarians like Bradley and Harer nuts.
Bullied Throughout: Harer's initial assault on Manzelli's photography was illegal in the first place. (MGL Chapter 265: Section 37) Freeman certainly needs no license, status or privilege to obey the law. Bradley's questioning of Freeman's status as a Reporter was a dirty lawyer trick. "the more I work with Lawyers, the more I understand that trial isn't a quest for jutice, it's a fight. The advice I get from my best Lawyers strongly resembles the brief training I had in pugilism. Being 'right' is only one aspect of a trial. I hesitate to say that a Defendant who's up against lying opponents would be well advised, in the interest of justice, in certain circumstances, to do the same." Freeman did not lie, He did not even testify. He adds, "Harer and Riel committed felonies by lying on the witnes stand. "To testify" means to swear on your testicles. He lied, and they did not (to my knowledge,) castrate him." (Quoting Frank Zappa,) "The meek shall inherit nothing!"
The dirty cop tricks included the fabrication of (legally irrelevant but actionably defamatory) lies that Manzelli had provoked them. Nothing could be further from the truth...and Harer and Riel were sworn to tell the truth. They committed perjury instead, to cover Harer's butt. Does this suggest thet he's afraid of being held accountable for his misconduct? I think it does. Brian harer's butt can't be covered. It just grows and grows like Pinocchio's nose.
"Tough on Crime" Bradley plays it dirty Prosecutor Bradley repeatedly lead witnesses at trial, which he is trained not to do. Another dirty lawyer trick. Frankly, Juries don't know much about what's going on at trial. Their understanding of the rules is mostly limited to the instructions they received. They hear repeated Defense objections, and may gather that the questions or ideas Bradley is illegally planting in their imaginations are something Defense fears bringing to light. In fact, objections are an essential part of trial procedure, made to preserve the right to appeals, and to prevent mistrials. Witnesses such as the MBTA Track inspector (Now said to be 'serving' in Iraq!) don't always understand that they are not allowed to use hearsay, for example. Provoked objections from Defense can appear like there's something being hidden. Defense conduct was impeccable, with almost no Persecution objections sustained by the Judge. (This recording from Victoria Riel's testimony is an example of both sides of this point.)
Through leading witnesses, Bradley simultaneously disrespected the Judge and the process, while also wrongly planting ideas in the jury's minds. In fact, the Judge can sanction him severely...with a mistrial or even jailing for Contempt of Court. After a long trial, the Jurors, who do not take notes, are not likely to remember what 'facts' they were ordered to forget.
We at Brian Harer Dot Com believe firmly that Attorney Bradley knows exactly what he's doing as he continues to protect Harer and attack freeman through the appeals process.
...If Bradley really is an Attorney!
So, Why the Testilying to Frame the Reporter?
The most obvious motives for the transitcop testi-lying are to punish Freeman for apparently documenting the facts of MBTA Police Patrolman Brian Harer's misconduct, behavior which could be a crime under Massachusetrs law, when he attacked a Reporter, literally for reporting, threatening to sue if his photo were published. Harer's personal campaign against the First-Amendment is aimed squarely at the Public's Right to Know what he did. Harer likely sought to avoid responsibility for his misconduct by a time-tested technique favored by dirty cops...blaming the victim. Attack Freeman's reputation...blame the reporter for doing his job. Smashing the mirror that reveals his own failure. Brian Harer is still running from his mistake.
...And brianharer.com is right on his heels.
MBTA Police Examination(Multiple Choice. 20 Points.) |
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This man with the microphone and two cameras you are about to mess with is probably: |
Deceptive photo: Freeman actually had TWO large 35mm cameras...and a bare bulb strobe attached above the pack. |
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HINT: The man's pack bears this large sign: |
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