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posted by janrinok on Thursday September 11 2014, @03:32PM   Printer-friendly
from the jury-nullification-effort-undercut-by-crafty-politician dept.

WBUR Radio in Boston reported on September 8

Several hundred activists crowded the Bristol County courthouse in Fall River expecting a trial that put the issue of global warming in front of a jury.

Two men who had used their lobster boat to block a giant tanker delivering coal to the Brayton Point Power Station in Somerset were hoping to convince jurors that their crimes were justified by the need to avert catastrophic climate change. It was going to be the first use of the "necessity defense" by climate activists. The defendants didn't get what they expected, but they won their case anyway.

Defendants Ken Ward and Jay O'Hara had positioned their lobster boat in front of the berth for the freighter, raised a flag that said "Coal is stupid", and disrupted the operation for hours.

They were charged with disturbing the peace, unsafe operation, failing to avoid a collision, and conspiracy. Here was a chance to confront and convince a jury of the moral issues.

Here was a chance to inspire similar acts of civil disobedience. What's more, the trial would take place two weeks before what's being billed as the biggest demonstration for climate action ever, in New York and in front of the U.N.

Then came the surprise: "Your honor we have an agreement for the court's consideration," announced prosecutor Robert Kidd.
The district attorney was dropping the most serious charge of conspiracy and reducing the others to simple civil infractions. No fines, no penalties. Just restitution of $2,000 apiece the defendants agreed to pay the town of Somerset for police overtime involving the blockade. And suddenly, it was over.

[...]

In perhaps the biggest surprise, came the curtain call for the district attorney himself. He said he had balanced the concerns of Somerset taxpayers with the interests of their children and the world's children.

"Climate change is one of the gravest crises our planet has ever faced," Sutter said. "In my humble opinion the political leadership on this issue has been gravely lacking." Responding to the cheers, the district attorney pulled out a copy of Rolling Stone with a feature article on global warming, then got a bigger cheer. "I certainly will be in New York in two weeks," he said. "How's that?"

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  • (Score: 1, Funny) by Anonymous Coward on Thursday September 11 2014, @03:43PM

    by Anonymous Coward on Thursday September 11 2014, @03:43PM (#92032)

    > $2,000

    The defendants griped about having to pay the currency exchange costs, but the court insisted...

    • (Score: 0) by Anonymous Coward on Thursday September 11 2014, @03:55PM

      by Anonymous Coward on Thursday September 11 2014, @03:55PM (#92036)

      > The defendants griped about having to pay the currency exchange costs, but the court insisted...

      I too saw the words "Bristol" and "Somerset" and assumed this was all taking place in the West Country. Turns out it's in americaland somewhere. Meh.

      • (Score: 1, Insightful) by Anonymous Coward on Thursday September 11 2014, @04:08PM

        by Anonymous Coward on Thursday September 11 2014, @04:08PM (#92039)
        Not our fault the original settlers who came here from West Country weren't very creative in naming new places...
        • (Score: 2) by kaszz on Thursday September 11 2014, @04:30PM

          by kaszz (4211) on Thursday September 11 2014, @04:30PM (#92048) Journal

          Great Brittany will soon sue for place naming infringement ..! ;-)

          Every person that has looked at the road signs will have to pay fines for the local working memory copy abuse.

        • (Score: 0) by Anonymous Coward on Thursday September 11 2014, @04:30PM

          by Anonymous Coward on Thursday September 11 2014, @04:30PM (#92049)

          Not our fault the original settlers who came here from West Country weren't very creative in naming new places...

          At least some of them had the smarts to prepend names with new, e.g. New York, New Hampshire etc.

        • (Score: 3, Funny) by nitehawk214 on Thursday September 11 2014, @04:43PM

          by nitehawk214 (1304) on Thursday September 11 2014, @04:43PM (#92054)

          This [telegraph.co.uk] is always my favorite US/UK town naming convention mixup.

          --
          "Don't you ever miss the days when you used to be nostalgic?" -Loiosh
      • (Score: 2) by edIII on Thursday September 11 2014, @10:14PM

        by edIII (791) on Thursday September 11 2014, @10:14PM (#92143)

        americaland

        For somebody that's not very patriotic about my country at the moment, I find it very amusing that bothers me so much :)

        America. With a Capital A. I still call France, France, not landocheeseatingsurrendermonkeys, etc.

        --
        Technically, lunchtime is at any moment. It's just a wave function.
        • (Score: 0) by Anonymous Coward on Thursday September 11 2014, @10:27PM

          by Anonymous Coward on Thursday September 11 2014, @10:27PM (#92147)

          Not sure if you realize but you did just call France "landocheeseatingsurrendermonkeys".

          Stupid yank.

  • (Score: 3, Insightful) by cmn32480 on Thursday September 11 2014, @04:30PM

    by cmn32480 (443) <{cmn32480} {at} {soylentnews.org}> on Thursday September 11 2014, @04:30PM (#92051) Journal

    Sure looks like the prosecutor is using the event as political grandstanding and not doing his job.

    What an asshat.

    --
    "It's a dog eat dog world, and I'm wearing Milkbone underwear" - Norm Peterson
    • (Score: 2) by nitehawk214 on Thursday September 11 2014, @04:44PM

      by nitehawk214 (1304) on Thursday September 11 2014, @04:44PM (#92055)

      Right, because the protesters certainly are not.

      If they allowed this "necessity defense" to succeed then where does it stop? Sabotage? Murdering employees of power plants?

      --
      "Don't you ever miss the days when you used to be nostalgic?" -Loiosh
    • (Score: 2) by c0lo on Thursday September 11 2014, @09:40PM

      by c0lo (156) on Thursday September 11 2014, @09:40PM (#92130) Journal
      What, you don't like prosecutorial discretion?
      --
      https://www.youtube.com/watch?v=aoFiw2jMy-0
    • (Score: 0) by Anonymous Coward on Friday September 12 2014, @01:26AM

      by Anonymous Coward on Friday September 12 2014, @01:26AM (#92210)

      > Sure looks like the prosecutor is using the event as political grandstanding and not doing his job.

      Don't like it? Vote for someone who will fire him. Otherwise get in line with all the people who think over-zealous prosecutors are grand-standing for their own political careers.

  • (Score: 0, Flamebait) by Anonymous Coward on Thursday September 11 2014, @04:44PM

    by Anonymous Coward on Thursday September 11 2014, @04:44PM (#92056)

    DA abused the prosecutorial discretion. This is one big flaw of our judicial system. They go after the darkies for all kinds bogus/minor infractions, but they let these dirty hippies go free. A disgrace.

    • (Score: 2, Funny) by Anonymous Coward on Thursday September 11 2014, @04:58PM

      by Anonymous Coward on Thursday September 11 2014, @04:58PM (#92057)

      YES! 100% enforcement is definitely the solution to this problem of ours! Mandatory punishment for all us SINNERS!!!

      • (Score: 2) by DeathMonkey on Thursday September 11 2014, @05:35PM

        by DeathMonkey (1380) on Thursday September 11 2014, @05:35PM (#92065) Journal

        YES! 100% enforcement is definitely the solution to this problem of ours! Mandatory punishment for all us SINNERS!!!

         
        Unfortunately, the only way to get stupid laws off the books is to enfore them against enough people that it becomes an issue.

      • (Score: 2, Insightful) by pendorbound on Thursday September 11 2014, @05:46PM

        by pendorbound (2688) on Thursday September 11 2014, @05:46PM (#92067) Homepage

        You are absolutely correct. There is no better way to fix a bad law than to insist on enforcing it zealously.

        That said, this DA should be removed from office. There’s no excuse for this kind of behavior. I look forward to the civil suit the shipping company files for expenses incurred as a result of their stunt. Should easily run into the millions.

        • (Score: 2) by c0lo on Thursday September 11 2014, @09:50PM

          by c0lo (156) on Thursday September 11 2014, @09:50PM (#92132) Journal

          I look forward to the civil suit the shipping company files for expenses incurred as a result of their stunt. Should easily run into the millions.

          Well, yeah, the guys will just declare bankruptcy and the company will have to swallow their expenses and the cost of their lawyers.
          (you surely aren't thinking the company will sue the DA office, do you? 'Cause it wasn't DA office to block the tanker)

          --
          https://www.youtube.com/watch?v=aoFiw2jMy-0
          • (Score: 2) by khallow on Friday September 12 2014, @02:12AM

            by khallow (3766) Subscriber Badge on Friday September 12 2014, @02:12AM (#92221) Journal

            The defendants have a lobster boat. Plus, the court discovery process may determine that they were acting on behalf of a larger group which might have money. A more serious matter is demonstrating damages. Nobody aside from the shipper was probably significantly inconvenienced by the demonstration.

            • (Score: 2) by c0lo on Friday September 12 2014, @03:05AM

              by c0lo (156) on Friday September 12 2014, @03:05AM (#92232) Journal

              Nobody aside from the shipper was probably significantly inconvenienced by the demonstration.

              Then, TFS:

              raised a flag that said "Coal is stupid", and disrupted the operation for hours.

              If the company will go ahead with a civil suit (in spite of common sense), I'll buy myself some popcorn - things can easily slide on the "cheering for the underdog" slope.

              --
              https://www.youtube.com/watch?v=aoFiw2jMy-0
      • (Score: 2) by khallow on Friday September 12 2014, @12:53AM

        by khallow (3766) Subscriber Badge on Friday September 12 2014, @12:53AM (#92193) Journal

        100% enforcement is definitely the solution to this problem of ours!

        Why yes, I too believe that the rich and power need preferential treatment.

  • (Score: 2, Informative) by resignator on Thursday September 11 2014, @06:37PM

    by resignator (3126) on Thursday September 11 2014, @06:37PM (#92074)

    http://www.enterprisenews.com/article/20140324/News/303259992 [enterprisenews.com]

    I wonder how that played into this case if at all.