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| Katherine Hanson, Olivia Ramirez and Erick Barnett wait for the wheels of justice to turn in Memphis |
Judge Bobby Carter signaled that he would
like to see prosecutors settle Class C misdemeanor cases against four
environmental activists, calling the cases a “low priority…next to my whole
jail full of murderers, rapists, and robbers.”
Nonetheless, the remaining defendants
from a dramatic action opposing the Diamond Oil Pipeline on MLK Day in 2017 did
not get heard today -- even though it was the seventh court appearance for
four of seven persons who had chained themselves together through
concrete-filled barrels to defend water over oil.
The Shelby County Criminal Court Division
III judge also decided not to entertain various motions from defense attorneys
as that could influence any possible negotiations about a settlement, he said.
The four were scheduled to go on trial
beginning Jan. 22; however, after spending two days waiting around 201 Poplar,
on Jan. 23 Carter bumped the trial date to April 30, citing an “in-custody aggravated
rape” case that he deemed more important to be heard.
At that time Carter also set Feb. 28 as a
motion hearing date and required the four defendants – one from Missouri, two
from Oklahoma and one from Memphis – to return to court. Carter today
indicated he had thought better of hearing any motions, particularly about jury
instructions, until the time of the trial and after he had heard the proof and
arguments put on by prosecutors and defense counsel.
“Here’s the thing,” Carter told the four
defense attorneys. “It’s clear your clients have an absolute
right to a jury trial. As far as they are concerned it’s a very serious, very
weighty matter. But in proper perspective, next to my whole jail full of
murderers, rapists, robberies and things that I have to get gone, it’s going to
be a lower priority in scheduling.
“I don’t mean to diminish the seriousness
of it as to each of them,” Carter continued. “These are matters that they are
entitled to full and fair consideration, and we will do that -- if we have to.”
WATER
PROTECTORS
Calling themselves water protectors and
representing Arkansas Rising, the defendants were objecting to the Diamond Oil
Pipeline, which is to carry light sweet crude 440 miles from Cushing, Oklahoma,
to the Valero Refinery on the banks of the Mississippi River in Memphis.
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| Olivia Ramirez: Defending Earth and water Photo by Hive Swarm Media |
The defendants were initially charged with obstructing a highway or other passageway; disorderly conduct, and criminal trespass. Disorderly and trespass charges were dropped last year.
The “obstructing a highway or passageway” charge is often used by police along with “disorderly conduct” against political protesters or persons who film police.
The “obstructing a highway or passageway” charge is often used by police along with “disorderly conduct” against political protesters or persons who film police.
Prosecutors in October proposed a
settlement “offer” that each of them would pay $6,000, calling it restitution
or repayment of the city’s decision to massively deploy police and fire
equipment and personnel. Last month, that amount dropped to $650 each, but defendants
have maintained they are not guilty and do not want to pay money simply to make
the charges go away. Three other defendants last year had paid costs and
pleaded out to stop the court appearances and uncertainty over the outcome.
Five other persons were arrested while walking or standing on the sidewalks outside Valero, and those cases were dismissed last year. The five included Missouri
resident Rachel Gay, an independent journalist who was filming the events of
the day, and Paul Garner, a Memphis resident who is organizing director of the
Mid-South Peace and Justice Center and who was recording police on his cell
phone that day as an observer.
Counting their initial appearance after they were arrested on Jan. 16, 2017, yesterday’s appearance was the seventh trek to
Shelby County courts in connection with the Class C misdemeanor, which is the
lowest possible criminal charge and which rarely goes to trial. The other court
dates in 2017 were Feb. 15; May 2; October 5, and November 2.
FIRST
AMENDMENT ON TRIAL
Should there be a jury trial, however, defense attorneys believe it could take three days. That’s not only time from the lives of the defendants and the attorneys, who are all working pro bono, but of court personnel and Shelby County citizens to serve as jurors. Further, it clogs the pipeline with cases that Judge Carter clearly does not believe he has time to hear.
Should there be a jury trial, however, defense attorneys believe it could take three days. That’s not only time from the lives of the defendants and the attorneys, who are all working pro bono, but of court personnel and Shelby County citizens to serve as jurors. Further, it clogs the pipeline with cases that Judge Carter clearly does not believe he has time to hear.
Defense attorneys expect prosecutors will
argue that defendants did not have a right to be there because they did not
have a permit.
The defense argument is essentially the
First Amendment.
“Because this is such a low level
offense, it never goes to trial,” said defense attorney Josie Holland. “It
usually settles out. Either the state gets tired of trying to prosecute it, or
the person who is facing the charge decides to pay a fine and go on with their
lives. There’s not a lot of case law or
precedent about obstruction of a highway or passageway.
“No one has challenged the
constitutionality of it on its face.”
That is, until now, in Memphis.
Links to our previous stories on these cases:
"DA Pushes Misdemeanor Defendant-Protesters toward Jury Trial in Memphis"
https://www.dailykos.com/stories/2018/1/3/1729690/-DA-Pushes-Misdemeanor-Defendant-Protesters-toward-Jury-Trial-in-Memphis
“Valero Cases Dwindle as Judges Cite First Amendment”
https://www.dailykos.com/stories/2018/1/3/1729690/-DA-Pushes-Misdemeanor-Defendant-Protesters-toward-Jury-Trial-in-Memphis
“Valero Cases Dwindle as Judges Cite First Amendment”
“Cops Bust a Journalist, Chase One into the Bushes on MLK Day 2017”
