Is this the First Amendment on trial, and self-described “water protectors” are the proxy?
More than a year after a bold action in front of Valero Refinery on MLK Day 2017, four remaining defendants who were chained to concrete-filled barrels have made six court appearances, going on eight.
They spent two days at the Shelby County Criminal Justice Center in hurry-up-and-wait mode before being sent home as the court docket was too clogged to hear their case. The jury trial of four Class C misdemeanor defendants who opposed the Diamond Oil Pipeline on Jan. 16, 2017, was continued until April 30 in Shelby County criminal court. Their day in court was bumped for an aggravated rape case -- you know, an actual criminal offense -- according to Criminal Court Division III Judge Bobby Carter. The Jan. 22 trial date had been set back on Nov. 2.
Pro bono defense attorneys dug in their heels as a First Amendment issue and are working the case hard for no money, even asking the court for a motion hearing on how the judge should craft jury instructions. It's pretty arcane stuff, but indicates they badly want to win an acquittal.
Two of the defendants are from Oklahoma, one is from Missouri and one is from Memphis. The out-of-towners now face a total of seven trips — not counting their initial court appearance — to Memphis for court as the judge not only continued the trial date, but Carter instructed attorneys that defendants must be present at a Feb. 28 motion hearing. We are not attorneys and are not practicing law, but a defendant or party to an action usually does not have to appear for a motion hearing as it is an attorney's argument and requires no testimony or input from the defendants. Was Carter signaling that he thought it could be dismissed on Feb. 28 if the defendants would show up?
Many court observers question the DA's motivation in pushing the case to the max, now forcing a trial. Prosecutors in October offered the defendants to pay $6,000 apiece as restitution toward reimbursing the city for police services in order to drop the charges. Defendants declined, and Monday the prosecutor's "offer" came down to $650.
The four are charged with "obstructing a highway or passageway," a Class C misdemeanor. Each defendant has a different lawyer.
Arkansas Rising environmental activists supported the action last year, and they continue to show up for court dates and assist with certain expenses.
“There are so many murders that happen in Memphis, and so many more violent crimes that could be addressed,” said attorney Josie Holland, who represents one of the defendants. “But it’s unfortunate that this is how they are choosing to waste taxpayer dollars — especially when people’s First Amendment rights are in consideration.”
“I’ve done nothing wrong,” said Katherine Hanson of Rutledge, MO. “I have used my freedom of speech. I will not pay the police to protect the corporations.”
“As a native person, I feel I have an obligation and duty to protect the balance of nature, and not just for me and my people but for everyone,” said Erick Barnett of Glenpool, OK, and of the Muscogee tribe. “As a human being we have a responsibility to leave this world better than the one we grew up in for our children.”
Clogged Pipes: Diamond Oil Pipeline Objectors Stuck in Memphis Court System from MooreMedia on Vimeo.
As for the MLK Day action, “We did it in a way to where there was no damage to any property; no one got harmed,” Barnett said. “We believe we didn't break any laws and that we did not cause any harm...or need to pay for speaking our voice and taking a stand against corruption, greed and damage to nature.”
This court appearance was less dramatic than their first Shelby County court date last February 15 when they were greeted by 25 or more Shelby County deputies and TACT operatives carrying zip ties. It seems the sheriff feared who might show up after Arkansas Rising posted the court date and “court solidarity” on its Facebook page.
This unwarranted fear and paranoia on the part of law enforcement agencies and city and county officials underscores the whole approach to what they call “protesters” — which has become something of a trigger word — and citizens’ mistrust of government.
Prosecutor Glen Baity reflected the systemic nature of this stereotyping when he asked me at this week’s criminal court appearance:
“They’re not going to act up, are they?”
Baity also remarked:
“They don’t look like hippies.”
Links to our other stories on the Valero action and subsequent court outcomes.
“Cops Bust a Journalist, Chase One into the Bushes on MLK Day 2017”