Foster's photographer pleads not guilty to misdemeanors

Aaron Rohde's job is to take pictures to give a visual representation of news events. But now, he's looking for others' photographs. Or videos. Or cell phone photos. Any evidence, he says, of the night he was thrown to the ground and detained for almost an hour by state police.

The photographer from "Foster's Daily Democrat" was arrested during game 7 of the ALCS, after he took a picture of a police dog biting the pant leg of UNH junior Alexander Klotz. He pleaded not guilty to two class A misdemeanor charges against him at his arraignment on Thursday morning in the Durham District Court. Rohde was originally charged with disorderly conduct, but a new charge of willfully interfering with a police dog was filed in the court on Nov. 29.

A trial will take place Feb. 3, at 10:30. If convicted, Rohde will face up to a year jail time for both misdemeanors and a fine of $1000 per misdemeanor.

According to Durham Deputy Police Chief Rene Kelley, interfering with a police dog means exactly what it sounds like.

"The police dog was performing an official police function, and he interfered with the dog," Kelley said. "The complaint alleges that he came within close proximity of the dog, failed to back away from the dog, and his camera flashed in the face of the dog."

Kelley said that among the concerns of being within close range of the dog is that the dog can become excitable. But Rohde said that the dogs were excitable before he came within close range.

"I was on the right side of [Main] street taking pictures of police horses, and I saw them bringing the dogs up and the dogs were just wild- they were snarling," Rohde said. He also said "another reporter from the 'Union Leader' was almost bit."

Rohde said he knew right away when he saw the dogs that there would be a problem "because they were too wild to bring into a crowd of people."

After he snapped two pictures, including a picture of State Trooper Mark Hall's dog biting the pant leg of Klotz, Rohde said he asked the trooper to identify himself. Rohde said he had made it clear that he was with the press, and he asked the trooper for his name several times.

"He didn't want to give me his name," Rohde said. "He said 'that's it,' and arrested me."

Rohde was handcuffed and ushered to a van up the street where he spent between 45 minutes to an hour. He said he was searched three times, but they didn't take away his cell phone in his pocket. He made a call to a friend to let him know to call his editors, and the police figured out what was happening when they heard him and took his phone away.

His friend later came and bailed him out with $500.00.

According to "Foster's" Executive Editor Rod Doherty, the last time the paper had a photographer charged for doing his job was about ten or 15 years ago, also in Durham.

"We had a photographer charged with interference, but the case was dismissed because it was proved that the testimony of the officials was inaccurate," Doherty said.

Doherty said the paper stands behind Aaron Rohde, and feels that the arrest was uncalled for.

"We feel like it was everything from inappropriate to a First Amendment violation," Doherty said. The editor said that Rohde identified himself with two forms of identification- a Foster's press pass and a UNH issued press pass- but both were ignored. Rohde said that he had his press passes in his bag, and not on display, but that he had made it clear that he was with "Foster's."

But Kelley said that even if the press passes were on display, it doesn't excuse Rohde from not moving when a police officer asks him to.

"Regardless of whether he's a member of the press or not, when he's instructed to move, he's required to follow the law like anyone else," Kelley said. "He didn't, and that's why he was arrested."

Press photographers all over the country have been arrested before while doing their job, according to Executive Director of the Reporters Committee for Freedom of the Press Lucy Dalglish. The committee is a non-profit organization that offers free legal service to journalists.

"It's not common, but it's more common than it should be," Dalglish said.

She said that last summer at the Republican convention in New York City there were a bunch of arrests, and after 9/11 there were several.

"Usually it occurs in areas where police are trying to keep demonstrators at bay, and journalists get caught up in the demonstration," Dalglish said. "They are unable to extricate themselves. The journalist is standing there and can't get away fast enough and gets swept up in the arrest."

The crowd that Rohde found himself in on the night of Game 7 was not riotous like the past gatherings in Durham after the hockey team loss and the Red Sox loss in 2003.

Klotz, the student in his picture, agrees.

"The mood of the crowd that night was celebratory and non-violent, which was why I was shocked by the aggressive response by the state police," Klotz said. "It is furthermore unacceptable to me that the authority to use force on a celebratory crowd was given with a complete disregard for accountability."

Klotz feels that the way the state police handled the crowd was a mistake, but that he recognizes that mistakes are made.

"I understand that the immense power we as citizens give to our protectors, the police, comes with the impossible expectation that they will use it wisely 100 percent of the time," Klotz said. "In many cases they stand on a razors edge between right and wrong, and must make quick and weighted decisions which have severe consequences for both parties."

Even though it was a state trooper who was handling the dog, the case is in the hands of the Durham Police Department. According to Kelley, this is because of special circumstances. Since they invited the state troopers to assist them with a crowd control plan, it was thought it would be better if the Durham Police handle it.

Klotz believes that the police presence was justified by " a history of prior abuses by students."

"Do I believe that the University, the students and the town can work together to encourage a cooperative environment without restricting rights and freedoms?" Klotz posed, "Of course."

Klotz has not yet met with the police or filed a complaint against them.

Rohde asks that anyone who was a witness to his arrest, and anyone who captured some of it on a photo or video contact "Foster's" and let them know. So far a few people have come forward, but he's hoping for more.

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1 comments

Anonymous

Mon Feb 15 2010 16:17

I was there that night and the dogs were wild, snarling and biting. It suddenly felt like downtown was a police state with them sweeping up and down the street. As a woman standing alone, I felt violated when a police officer took me by the arm and told me to "keep going" especially since I was merely looking on by the side of the road. The town of Durham gives the police TOO MUCH POWER over the students. It is most certainly a human rights violation what happened that night. The sad thing is, I think most students did not complain more about it because it was expected. Which is really sad, because it creates a sense of danger on campus. Even after I became 21, I was weary of the Durham police who are known to arrest people for no real reason but that you were there "wrong place, wrong time" and the fact that the town and school supports their actions 100% and will not question misconduct by the police.

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