NH lawyer fights ban on alleged cussing jogger

[March 18, 2010]  PORTSMOUTH, N.H. (AP) -- The attorney representing a jogger accused of yelling at police and citizens during his runs through Portsmouth, New Hampshire said an order barring his client from the city while he is free on bail is unconstitutional.

Attorney Anthony Naro argued during a hearing Tuesday that a judge should dismiss a charge that 28-year-old Craig O'Brien violated his bail conditions. But prosecutor Rena DiLando argued that O'Brien engaged in a willful course of conduct, taunting the police department with daily visits for a week while on bail.

The judge has not ruled on the dismissal motion.

O'Brien is a resident of Eliot, Maine. He faces disorderly conduct charges alleging he yelled profanities or offensive words during jogging outings last May and August.

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Information from: Portsmouth Herald, http://www.seacoastonline.com/

[Associated Press]

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