- Opinion

The following is from a full page ad placed by Claude Roessiger in the Aug. 31st, 2006 issue of the Granite State News.

Some readers may recall that already more than one year ago, I published in this newspaper a declaration entitled "I Accuse," recounting the misdeeds of our Wolfeboro Police Department, the New Hampshire State Police, and the Carroll County Sheriffs Department. Indeed, it was the court which declared their behavior wrong, and therefore this is not a matter of personal opinion, but of law. For any interested reader, "I Accuse" is reproduced hereunder.

Now, we come to Part Two. The reader may judge whether the further behavior of our town officials and of our police merits our harsh judgment.

After the decision rendered by the court, which dismissed the case against my daughter-let us recall it-on the grounds that the police had acted without basis, had violated the New Hampshire and Federal Constitutions, and had conducted an illegal and warrant less search of my house, after illegally entering upon private property, I addressed a simple letter to our Police Commission stating that I was not interested to play The Litigation Lottery, whereby one engages a scurrilous attorney in the hope that some jury will make one rich, but that I did think it right to be reimbursed the legal expenses we had incurred to defend ourselves against the police's flagrantly illegal acts. Put aside for a moment the question of whether we might have found the common decency in our town officials to recognize a wrong and to act to make it right. Consider only that at that point the price tag was more than modest, something on the order of a few thousand dollars of legal fees. The Police Commission-I must say it-responded positively and decently, but it was not I discovered a matter they could decide: it had to go to the selectmen.

The selectmen did what they always do in Wolfeboro: nothing. It took several letters to obtain even an acknowledgment from these august personages. I have lived in Wolfeboro since 1963. This is the respect citizens always get in Wolfeboro from the selectmen, unless they are pals. Then, they shunted the matter off to their insurer, no doubt hoping that was the last they'd see of it. Of course nothing happened there either. After multiple communications over many months, I addressed a final letter to the selectmen, clearly stating that either they would respond to me, or they would respond in court. They hadn't the decency to have a single member of their board answer my letter or call me; they gave it to our beleaguered former town manager to do, and that only after I called him. They must have told him, "Tell Roessiger we're giving instructions that it be settled," which was in fact a lie. They gave no such instructions. They simply threw it back at the insurer for another turn in the circus. Note that as this went on, legal bills were mounting, now double the initial amount. The selectmen were on notice that reimbursement, whatever the amount, would always be the demand.

No doubt our selectmen will bleat that they must follow procedures, they must go through the insurer, and that their hands are tied. Nonsense! As they were offered a simple, cheap, and decent deal, they had only to agree to reimburse our cost, and to execute the mutual releases which would have put paid to the entire matter. They couldn't do that because it became very clear that they, the police, and the sheriffs department wanted to win, to defeat the citizen who had the temerity to hold them accountable. Indeed, this is an old habit in Wolfeboro, where our public officials never admit a wrong and never accept responsibility for anything. So, should the reader hear that "their hands were tied," it's time for the Big Raspberry. Indeed, their hands should be tied, but that is another matter entirely.

Next, the town, through their insurer finally understanding that we weren't going to go away, told the insurer to "negotiate" a settlement. Imagine that! Someone runs into your car, causes $7000. of damage, and now begins to dicker with you for how much of the damage he'll pay! Hard to believe, but it's our Wolfeboro reality. No, we told them, the request is what it has always been: reimburse the cost you put on us to defend ourselves against your illegal acts. And, please note that as the legal bills mount, the claim increases. Well, when they want to prove a point our officials don't give up easily No, not at all. And they use our money for their play.

Now realizing that this matter wasn't going away, and the town attorney -not a star of the legal firmament- having finally figured out that the town would very possibly lose in court, and that at that point the claim was going to be the nominal claim plus damages (as most everyone, you can only irritate me so far), which might lead to a six figure settlement, they ultimately-after a great deal of too boring to recount to'ing and fro'ing, said, "Ok, we'll pay, but only on the condition that there will be a gag clause which prevents Mr. Roessiger from making any of this public." Now we have been through the knavery and the foolishness, and this brings us to the downright stupidity.

There are, without a doubt, those in Wolfeboro who have been on occasion favorable to my positions, and those who have not. That's freedom. But, I do not think you would find in either category very many who think that my opinion or my silence can be bought. Did these people think this was about money? How, in a small community where after all I have not been invisible, could they have even imagined that for a few thousand bucks they could buy me? Contemptible creatures! And, yes, downright stupidity!

Well, it's settled now. They paid us something over three times the initial amount, the legal fees having increased as this matter wended the tortuous and indecent course our officials chose, not to mention the town attorney's fees paid by the taxpayers. Two of the three guilty parties will share in the cost, the Carroll County Sheriffs Department and the Town of Wolfeboro. Did I mention that the Sheriffs Department conducted an intimate frisking of my daughter, all leering male officers, when a female officer was known to be in the building, but was not called? Did I mention that they put my daughter in jail for the night, without any grounds, on the basis of their illegal acts? You might imagine what a jury could have done with that. But, again, The Litigation Lottery is beneath contempt and holds no attraction for me.

What we should have received is an apology. The reader can surely imagine that there is no person of the character necessary for such a simple act of decency within that group of officials implicated in this matter. No, we don't apologize. We just invent laws as we go, break into people's homes, violate the persons of their daughters, and then we deny and hide. In the settlement, the town declares that it admits no wrong. This is plain foolish. We can only conclude therefrom that the town does not accept the judgment of the court, which identified the wrong for them, appending 8 pages of instructions for the guidance of the police, and dismissed the case on the basis of that wrong. What law do our officials respect?

Those who are informed about local matters know that my case is not unique. And, it's not unique across our state either, as the police, evermore inspired by their "military" training and the storm trooper mentality now too prevalent in that, go about assaulting our property, our rights, and our liberties. We can act to change this, together with decent police officers-I know many-who are embarrassed by what they are doing.

• First, when our officials misbehave, make it public! They count on citizens being cowed. Don't be cowed, do not hide, not ever! Turn on the spotlights and keep them on!

• Second, meet misbehaving public officials with the contempt which is their due.

• Third, insist in all discourse, in all matters with public officials, upon decency and common sense. It is our right as citizens to receive these from our officials, who are, let it be clearly said, our servants.

• Fourth, require accountability from all public servants.

• Fifth, never forget Winston Churchill: Never, never, never give in!

When we lose our liberty in a free society, it is we who give it up, not someone else who takes it. But, once given up, liberty is a hard thing to win back. In fact, it usually must be won back by force of arms, as indeed our own was first won.

So, a small tale of foolishness, knavery, and downright stupidity.

Now, peace.

Claude Roessiger and his daughter, with pride, Ursula