New Castle police chief James Murphy, left, observes attorney Ryan Russman demonstrating an alleged Electrion Day 2008 altercation, during a trial on Friday, Feb. 20, 2009.
PORTSMOUTH, New Hampshire — Eric Rieseberg did not commit the crime of disorderly conduct by calling someone a f****** a******, District Court Judge Sharon DeVries ruled Friday when she dismissed the charge against the 59-year-old New Castle resident.
Following a two-hour, f-bomb-filled trial, the judge said she would issue a ruling at a later date with regard to a second charge alleging Rieseberg committed the crime of criminal threatening. That charge alleges he put attorney Ryan Russman in fear by “entering” Russman’s “personal space,” yelling and raising his hands “in a manner which appeared to nearly strike (Russman) in the face.”
By all accounts, the controversy occurred Nov. 4, 2008 — Election Day — when Rieseberg was in his 300 Wentworth Road yard removing political signs that were planted there without his permission. Both sides concur that Russman was walking past when he asked Rieseberg what he was doing and Rieseberg responded by asking, “Who the f*** are you?” and making other statements laced with the f-word.
Second charge against accused F-bomber droppedJudge rules dropping f-bomb wasn't a crimeConflict delays F-word caseF-word trial needs impartial judgeF-word: Threat or free speech? Court to hear 1st amendment debateF-bomb: Threat or free speech? Court to hear 1st amendment debate Use of the word in the context of an argument was “not an exercise in free speech,” but used to provoke physical violence,” New Castle Police Chief James Murphy previously told the court.
The police chief used racial and sexual-orientation slurs as examples during Friday’s trial, telling the court, “words have meaning.”
The judge ruled that Rieseberg’s Election Day 2008 f-bombs were not a crime.
New Castle police chief James Murphy, left, observes attorney Ryan Russman demonstrating an alleged Electrion Day 2008 altercation, during a trial on Friday, Feb. 20, 2009.
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