To The Daily Sun,

Judge James O'Neill III is approaching his official retirement day. He’ll be ineligible by statute to serve as a judge beyond March 30, 2022. That day can't come soon enough for all the people he's treated so poorly in his courtroom.

O’Neill certainly has the luck of the Irish. He is the longest serving judge on the Superior Court with over 33 years on the bench after only 10 years as a lawyer. First he was an errand man for his father's firm and then Gov. John Sununu's counsel. He secured his seat on the bench without really doing anything worthy of being a judge in the first place.

Hard-working, honest people like me are paying the price every day because of this purely political appointment. O’Neill was always poorly outfitted to be a judge. He has no respect for pro-se parties like me. He continues to ignore duly presented evidence. He also heavily favors and protects dishonest members of the prosecution from two different counties.

Right now, I’ve got one public defender on my side, that’s it. I’m up against civil servants making between 75 and 100,000 dollars a year who are supposed to be good, honest people. They’re not. Judge O'Neill hasn't done anything to ensure prosecutors are following rules of professional conduct for New Hampshire attorneys. Every motion I file ends with a bare denial based on his flawed applications of the law and precedent cases. He couldn't even spell “Denied” correctly in one order.

The fact that my state government apparatus cannot seem to pull their heads out of their collective backsides and figure out the logistics to hold my trial should not handicap me in the exercise of my speedy trial rights in this case. Their difficulty making adjustments like every other business does not change the fact that my speedy trial rights have been violated here. Yet, Judge O’Neill does not think the state is at all to blame for me being in legal limbo for over two and a half years since my arrest. It’s been 17 months since I filed my only waiver of my speedy trial rights. Trials officially resumed in my county in Aug. 2020. I am ready for trial, and I can show up no matter what date is set. The state is the one stalling, but Judge O’Neill is blinded by bias in his refusal to dismiss the case. I’m depending on that bias to destroy him. I know the first honest judge to look at this case will not be so ignorant and unethical.

The difference between someone guided by principle and someone driven by bias is fundamental. A person guided by principle will stand up to his allies and colleagues and even side with his bitter opponents if truth and morality dictates it. A person driven by bias will go to war against reality in order to defend the identity of the herd.

This community will be much better off when Judge O'Neill goes to pasture.

Rich Bergeron


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