Update: The Curious Continuing Case of Bajardi vs. Brice: Settlement Reached! No Trial!

Update 8/19/2010: The case between Roman Brice and Lane Bajardi has been settled via mediation. This will not be going to trial as common sense has in fact prevailed.

Update 8/17/2010:  

In the case of Lane Bajardi and Roman Brice, the Jersey City Municipal Court ordered attendance at mediation.  The second session will be held on Thursday. On the record at the original  appearance in Hoboken Municipal Court, Roman Brice requested an apology for the matter to be dismissed and stated a wish to not waste the Court's time.  The same was communicated to the New Jersey Municipal Court after the change of venue by his attorney Alex Booth.

Lane's lawyer from the law office of Elise DiNardo stated there is no change in their position and the matter of his alleged assault and that the cross complaint will go to trial.  A tentative trial date is set for late September. Four months plus after the incident, Lane Bajardi has not produced one witness.  Alex Booth, the attorney for Roman Brice has presented six witnesses to the Court and  Lane Bajardi's attorney as well.

Roman Brice recently deposited the last installment of the Legal defense fund which covered 90 % of his pre-trial expenses. On behalf of Roman Brice, I would like to thank the Hoboken community for their kind and generous support. 

Update 7/27/2010:

The fundraising for "Da Horsey's Legal Defense Free Speech Fund" for the pre-trial expenses relating to the April incident involving Lane Bajardi and Roman Brice has been a success. Fundraising efforts have covered 90% of pre-trial costs for MSV blogger Roman Brice. The next hearing is August 3rd, 2010 in Jersey City and if the case moves forward the next date after that would likely be the trial. The irony does not escape this blogger that this hearing is the same date Peter Cammarano is being sentenced in Newark. Thanks to all who contributed in showing support for Roman's right and others to blog about political events without concern for their physical safety.

Donations will be put on hold for now. If there actually is a trial I will consider re-opening a second round of fundraising. Thanks again for your generous contributions.

Update 6/28/2010: I have it from a good source that the change of venue has been announced and it is Jersey City! for the two cases of Lane Bajardi and Roman Brice. It will now be a simple hop skip and a jump (no trampolines) via public transportation once the court date is set to see this courtroom drama unfold. I will keep my readers abreast of any developments and announce when the trial date is set.

Update 6/25/2010: A paypal account has been set up for donation now. Click on the donate now button near the top right of this site to contribute what amount you care to (or below in this post):

Note: Donations Closed as of 7/27/2010

Also:

There is a recent  article from the Hudson Reporter Court case of Hoboken blogger vs critic continues… that mentions the establishment of this fund.

Original Post 6/24/2010:  "Da Horsey's" Legal Defense Free Speech Fund
The Hoboken Journal has its share of causes but this one I think is very important for the open discourse to continue among people about Hoboken's future without physical threats and assaults upon their person:

The Charges/Countercharges:

The Hoboken Journal prides itself on fair, open discourse and celebrates free speech in the city I have made my new home. With concern in various corners about the political dialogue in Hoboken, The Hoboken Journal is reminded of an ongoing legal case initiated in April, when "Da Horsey" aka SmartyJones and real name Roman Brice of local website Mile Square View was allegedly attacked at a BOE forum at Stevens on April 12th 2010 and his camera taken by Lane Bajardi. A complaint was filed and a report appeared a week later by HobokenPatch.com title, "Hoboken Resident Arrested After Incident at Debate." A week and a half after the initial complaint, Lane Bajardi filed a cross complaint claiming he was the victim with an injured hip after claiming he had been assaulted falling into the auditorium seating. Lane was seen the very next day on April 13th quite ambulatory at the BOE School Board Meeting and almost got removed at that meeting by the police.


Change of Venue (not so discreet anymore after this post):

A BOE source attending last week's second court appearance between the parties states the case will be moved out of Hoboken to another Hudson County venue. Lane Bajardi who never seems bashful trying to get his political spin into the local papers and a notorious website in town, mumbled about being a "political figure" as a reason to have the case taken outside of Hoboken. The judge however indicated the case would be moved due to several local elected BOE officials listed as witnesses if it goes to trial.

The Legal Beagles (good advice doesn't come cheap):

Union City Attorney Alex Booth representing Roman Brice has presented six witnesses, several are current BOE officials who participated that evening in the BOE forum. Attorney Elise DiNardo representing Lane Bajardi has presented no witnesses more than two months after the incident, but stated there will be witnesses presented along with a trial. According to my source requests to obtain an apology and conclude the matter along with phone calls by Roman Brice's attorney have been unsuccessful. Alex Booth is an accomplished attorney and good advice does not come cheap and hence the need for the fund. Elise DiNardo has worked for Beth Mason in the past so we will leave it to the discerning Hoboken Journal Reader as to whether or not that is just a coincidence or not that she is now retained by Lane Bajardi.

Support The Cause:

The Hoboken Journal is asking those so inclined in the Hoboken community to stand up for free speech and contribute to "Da Horsey's" Legal Defense Free Speech Fund. Any contribution in excess of ongoing legal costs will be returned or donated to the Jubilee Center at your direction. Confidentiality of your donation with the Hoboken Journal is assured and this is totally on the up and up. All proceeds will be used as described or directed.  I have made a personal pledge to Roman Brice of $500 to show my support but any amount would be appreciated.

People complain about the political discourse in Hoboken degenerating to year round politics. That's bad enough but it should never sink to violence against anyone reporting on local events. Heck, when I am angry the worse I ever feeling like doing is a limerick or a JibJab video that has gone viral! What is the harm in that?

Again please consider supporting "Da Horsey's" Legal Defense Free Speech Fund. For now, if you are so inclined, please make a donation of any amount by emailing kurt.gardiner@gmail.com to get my mailing address and contact information and then send a check. A Paypal account will be set up no later than Monday but some of a percentage will be taken out so individual checks might be better. Thank you in advance!

More Background:

For more background, go to Hoboken Patch...

The original complaint (6 witnesses):
http://hoboken.patch.com/articles/hoboken-resident-arrested-after-incident-at-debate

The contradictory counter complaint (0 witnesses):
http://hoboken.patch.com/articles/after-arrest-hoboken-resident-files-countercharges-against-local-blogger ◦

Update: The Curious Continuing Case of Bajardi vs. Brice: Settlement Reached! No Trial!