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New Hampshire man serving 60 days for writing with chalk




When I was a child, I used chalk to draw all over the sidewalk. I loved coloring in rainbows and flowers, and even playing hopscotch. Despite my overactive imagination, I never once imagined a situation where someone drawing with chalk would end up jailed.
Ademo Freeman of New Hampshire was arrested in June of last year for taking part in a protest during which activists used children's chalk to write on the sidewalk and on the exterior walls of a building during a police accountability rally. Eight were arrested that day, some for graffiti and criminal mischief charges, and others for not moving fast enough when photographs were being taken of the chalked statements before they washed the evidence away.
Ademo was found guilty of criminal mischief (drawing with chalk) and two counts of resisting arrest (a video on YouTube shows him dropping to the ground when he is handcuffed) by a judge in January of 2012. Ademo appealed this ruling, requesting a trial by jury. He thought that a jury would be more sympathetic to his plight and may not wish to use their tax dollars to keep someone in a cage for drawing with chalk. He was told the court would send him a letter and call him to inform him of his jury selection and trial dates.
Ademo's letter was never received. The phone call was never made. The court system mailed the documents, upon which Ademo's livelihood depended, to the wrong address. In fact, the court system sent these documents to an address that doesn't exist in a town where Ademo has never lived. Interestingly enough, Ademo found out about this error when he received a letter (at the proper address) informing him that he had missed jury selection for his appeal.
After finding out about the error made by the court system, Ademo tried to get another trial. He was denied. Ademo was then told that on Wednesday he was to appear in court where he would receive no less than 2 months in jail.
Wednesday saw Ademo in front of Judge William H. Lyons.
About twenty minutes later, Lyons entered the room. Ademo was called first. Lyons said that the case had been remanded from the Superior Court, two months in jail were mandatory, and he was to be placed in the Sheriffs’ custody. Ademo told Lyons that the envelope containing the notice of jury selection was sent to the wrong address, with the proof in his hands. “This was a clerical error by someone at the Superior Court.” Lyons ignored logic and said he does not have the legal authority to do anything about this, Ademo could only appeal to the Supreme Court, and his job today was to enact sentencing. He called the sheriffs to handcuff Ademo and take him to Valley Street Jail where he’ll be forced to spend the next two months. Lyons did not bother to look at the solid proof, and he appeared as if he didn’t care in the least.
Ademo is currently serving 60 days in prison for drawing with chalk. Is this an effective use of taxpayer funds. After Ademo was taken away in handcuffs the phrase "Free Ademo" could be read on the sidewalk in chalk in front of the jail where he was taken.