Quantcast

Charges Dismissed 'In the Interests of Justice' for 42 Seneca Lake Gas Storage Protesters

Energy

[Author's Note: As this goes to press, Reverend Nancy Kasper's charges were dismissed in the interest of justice. She was one of 42 dismissals at the Reading Town Court on March 18. (See video below) Reverend Kasper will still go to trial for her second arrest.]

It was 4 degrees on February 23, on the drive from Mecklenburg to the Reading Town Court. It had become a familiar route. Since October, I've been part of a local movement protesting the expansion of gas storage beside Seneca Lake by a company called Crestwood Midstream. The argument is a familiar one. People against the expansion cite environmental concerns: unstable caverns with a history of collapse, air quality issues and their associated health risks, increased train and truck traffic. Local winemakers are concerned about their grapes, being sullied by an industry known for its cavalier destruction.

To date, there have been 216 arrests at the gates of Crestwood. Since November, I have watched musicians, professors, nurses, teachers, bakers, chefs, psychologists, farmers, philosophers, business owners, winemakers and parents face charges of trespassing and disorderly conduct at the Reading Town Court. It is, my husband says, my miniseries.

The best part of the drive is heading west on 79 out of Burdett when the lake just appears. Boom. Like a guy jumping out of a cake. I grew up downstate, in a family that eschewed fresh water for salt. I find it hard to trust water that doesn’t move with the moon. (I once burst into tears at a gas station in Queens because I could smell the ocean). My children, however, were born here. Ignorant of sand up their swimsuits, or being caught in a dead man’s roll, they make piles of shale on Lodi Point every summer, squawking with excitement when a boat goes by, and for a moment, there is a wave. They are lake people. Headed down the hill, the lake was on my right, massive and unapologetic. It was so cold I was driving with my gloves still on.

In three speedy hearings on Wednesday night in the Town of Reading court, Judge Raymond Berry granted a motion to dismiss all charges “in the interests of justice” brought by 42 Seneca Lake protesters. Photo credit: We Are Seneca Lake

Today was Reverend Nancy Kasper’s trial. She pled not guilty at her arraignment, and chose to go to trial with a public defender. For a violation, there is no jury, just the judge, which I have learned, is called a bench trial. The deputy at the door of the courthouse asked me if I was there for an arraignment or if I was ‘just visiting”. This is the euphemism he uses every time he sees me, though I am attending a public trial, in a public building. Then it was time for the search. I held my arms out in a T, and told him I’d left my phone in the car. We both agreed that I didn’t have any weapons or bombs on me. He outlined my down coat with the metal detector, and it beeped its assent. All I had on me were mechanical pencils.

I’ve been attending these court proceedings for two reasons. One: moral outrage. Jamming fracked gases into unstable caverns under one of the biggest sources of freshwater in the state, in the heart of a thriving, award winning wine industry is madness. Two: Gratitude. I came of age in a world without trustworthy role models. My heart has grown three sizes watching the people here stand up to defend their home, their water. They have given me the beginnings of faith. So I show up.

There were a handful of people in the courtroom: a few Seneca Lake Defenders that I knew; Barry Moon, the director of operations at Crestwood; and a young man in a dark suit and hair product sitting beside him. He never identified himself.

Wesley Roe, Reverend Kasper’s public defender, started things off by reminding Judge Berry that he had passed a motion requesting an expert witness. His argument, he said, was two-pronged. One, the Reverend had acted on a belief of imminent harm, and two, that harm was real. In order to show this, he said specific testimony was necessary from an expert witness.

John Tunney, the assistant District Attorney, took issue with Mr. Roe’s request, saying, “justification is not an applicable defense.” The question, he said, was not why the defendant had trespassed, but whether or not she had trespassed. Judge Berry said he agreed with ADA Tunney and that there would be no expert witness.

Judge Berry went on to say that in his understanding the application for construction of a compressor station had not yet been approved by the DEC. Roe reminded him that FERC had approved Crestwood’s request to expand their current methane storage to 2 billion cubic feet last summer. Judge Berry still would not allow the expert witness.

Read page 1

Mr. Tunney called Barry Moon and Deputy Eberhardt to testify. Mr. Moon, who is the Director of Operations at Crestwood, has worked for the company for the last 27 years, since they were Bath Petroleum. He is familiar with the physical plant, and involved with the wells and layout of salt and gas facilities. He told us about the NO TRESPASSING signs at the site and that the protestors did not have Crestwood’s permission to be on the property. He was working at the brine field on November 19, 2014, when he was informed that the gate was being blocked. He made the official complaint to the police that resulted in Rev. Kasper’s arrest, among others. This was my first time seeing Barry Moon in the flesh. He wore a striped shirt and corduroy pants. He was unassuming and polite while on the stand. I wondered what he really thought about all of this.

Deputy Eberhardt described the scene at the site of the arrest and identified Rev. Kasper as one of the people blockading the south gate. Mr. Roe asked him if the blockaders were doing any harm. Mr. Tunney objected to that line of questioning. Mr. Roe was finally allowed to ask Mr. Eberhardt if the protestors had been compliant. “Did they resist? Were they reasonable? Did they answer your questions?” They had not resisted, they were compliant.

Reverend Kasper testified on her own behalf. Tall and neatly dressed, she spoke calmly with clarity. She said she was compelled as a mother and as a citizen of this planet to protect our future. She spoke of mass extinctions and environmental degradation, about being a minister, and the harm that she has witnessed to the earth over the course of her lifetime. She said she put her body in the way of progress, that ... But Tunney stopped her before she was finished, saying, “I have tried to be indulgent. I understand the point. It is not unfounded. I am objecting on the subject of relevance.” The only thing that mattered, he argued, was that she admitted to trespassing. Mr. Roe urged Judge Berry to dismiss the charges in the interest of justice. Mr. Tunney insisted that was a pretrial motion and couldn’t be requested now. Mr. Roe objected to the preclusion of his expert witness and asked again how imminent harm could possibly be irrelevant. He got no answer from Judge Berry.

The court was adjourned. I asked Mr. Tunney to explain his argument about the justification defense not being relevant. He said in Section 35 subdivision 2 of the Penal Code it says that under certain circumstances criminal conduct may be justified and reasonable and necessary to avoid imminent harm, such as a man breaking into a house that is on fire to save a child’s life. As an example, he mentioned a case down state where some people had blocked a bulldozer in an attempt to save a park from destruction, but they did so 7 hours before the demolition was to begin. They could have used those 7 hours to call a lawyer and get an injunction, Mr. Tunney explained to me, so they therefore could not use the justification defense. Rev. Kasper’s case was even more pronounced, he said, as it had been several months since her arrest, with no new developments at the construction site.

I drove back the way I had come, my face smarting from the short walk to the car. The wind had picked up, and the air was exquisitely painful. The lake was on my left now. Tidal or not, the sight of all water was comforting. Still a liquid, holding strong at 32 degrees. A warm spot. A 600-foot deep, forty-mile long warm spot. Even now, in this harsh winter, the lake was moderating the climate for us. A miracle.

‘I have tried to be indulgent,’ Tunney had said, as he interrupted Nancy. I have indulged many a toddler in my career, and I know that telling them they are being indulged is the final flourish on the manipulation. He didn’t have to let her talk about why she trespassed, but he did. For a little while.

State Route 14 south merged from two lanes into one and I eased in behind a truck. It was hard to keep my attention on the road, rendered a gray by the salt, boring compared to the shifting textures and tones out on the lake. There was wind out there, slicing the water into pieces of light. I ran through the words for blue that I knew: Cobalt. Cerulean. Aegean. Azure. Ultramarine. Sapphire. Lapis. None of them were accurate enough for what I saw. Take all the words for blue, put them into a kaleidoscope, look straight into a cold sun. That’s what color it was.

I thought about Mr. Tunney’s definition of imminent harm, how small it was. Nancy Kasper, on the other hand, made the issue big. Big like the lake is big. She had big reasons for risking arrest. Our water, our soil, is at the very root of what this place is, and why we are able to live here. Tunney said our concerns weren’t unfounded. Why isn’t he fighting for us? Why is the DA’s office protecting an industry that considers the lake, the grapes, and the farms an insubstantive issue?

Of the 216 arrests that have occurred, Reverend Kasper’s trial is the first. She is the first voice of many to publically stand trial in an attempt to protect their home, their water. They aren’t going to stop, those clear, calm voices. The water was still on my left as I put my Subaru in fourth to get up the hill. Soon it would be behind me, just out of sight.

YOU MIGHT ALSO LIKE

Dispatches from the Seneca Lake Uprising 

The Speech I Gave to FERC From Baggage Claim Area 3

How We Banned Fracking in New York

EcoWatch Daily Newsletter


hadynyah / E+ / Getty Images

By Johnny Wood

The Ganges is a lifeline for the people of India, spiritually and economically. On its journey from the Himalayas to the Bay of Bengal, it supports fishermen, farmers and an abundance of wildlife.

The river and its tributaries touch the lives of roughly 500 million people. But having flowed for millennia, today it is reaching its capacity for human and industrial waste, while simultaneously being drained for agriculture and municipal use.

Here are some of the challenges the river faces.

Read More Show Less

Protesters gathered outside US Bank and Wells Fargo locations around the U.S. to protest investment in the Dakota Access Pipeline on Dec. 1, 2016. This photo is from a protest outside US Bank in south Minneapolis, Minnesota. Fibonacci Blue / CC BY 2.0

By Jake Johnson

As a growing number of states move to pass laws that would criminalize pipeline protests and hit demonstrators with years in prison, an audio recording obtained by The Intercept showed a representative of a powerful oil and gas lobbying group bragging about the industry's success in crafting anti-protest legislation behind closed doors.


Speaking during a conference in Washington, DC in June, Derrick Morgan, senior vice president for federal and regulatory affairs at the American Fuel & Petrochemical Manufacturers (AFPM), touted "model legislation" that states across the nation have passed in recent months.

AFPM represents a number of major fossil fuel giants, including Chevron, Koch Industries and ExxonMobil.

"We've seen a lot of success at the state level, particularly starting with Oklahoma in 2017," said Morgan, citing Dakota Access Pipeline protests as the motivation behind the aggressive lobbying effort. "We're up to nine states that have passed laws that are substantially close to the model policy that you have in your packet."


The audio recording comes just months after Texas Gov. Greg Abbott signed into law legislation that would punish anti-pipeline demonstrators with up to 10 years in prison, a move environmentalists condemned as a flagrant attack on free expression.

"Big Oil is hijacking our legislative system," Dallas Goldtooth of the Indigenous Environmental Network said after the Texas Senate passed the bill in May.

As The Intercept's Lee Fang reported Monday, the model legislation Morgan cited in his remarks "has been introduced in various forms in 22 states and passed in ... Texas, Louisiana, Oklahoma, Tennessee, Missouri, Indiana, Iowa, South Dakota, and North Dakota."

"The AFPM lobbyist also boasted that the template legislation has enjoyed bipartisan support," according to Fang. "In Louisiana, Democratic Gov. John Bel Edwards signed the version of the bill there, which is being challenged by the Center for Constitutional Rights. Even in Illinois, Morgan noted, 'We almost got that across the finish line in a very Democratic-dominated legislature.' The bill did not pass as it got pushed aside over time constraints at the end of the legislative session."

Reposted with permission from our media associate Common Dreams.

Sponsored
DESIREE MARTIN / AFP / Getty Images

Wildfires raging on Gran Canaria, the second most populous of Spain's Canary Islands, have forced around 9,000 people to evacuate.

Read More Show Less
Aerial view of lava flows from the eruption of volcano Kilauea on Hawaii, May 2018. Frizi / iStock / Getty Images

Hawaii's Kilauea volcano could be gearing up for an eruption after a pond of water was discovered inside its summit crater for the first time in recorded history, according to the AP.

Read More Show Less
Wolves in Mount Rainier, Washington. Ron Reznick / VW Pics / Universal Images Group via Getty Images

The last four members of an embattled wolf pack were killed in Washington State Friday, hours before the court order that could have saved them.

Read More Show Less
Sponsored
Plateau Creek near De Beque, Colorado, where land has been leased for oil and gas production. Helen H. Richardson / The Denver Post / Getty Images

By Randi Spivak

Slashing two national monuments in Utah may have received the most attention, but Trump's Interior Department and U.S. Forest Service have been quietly, systematically ceding control of America's public lands to fossil fuel, mining, timber and livestock interests since the day he took office.

Read More Show Less
Global SO2 Emission Hotspot Database / Greenpeace

A new report by Greenpeace International pinpointed the world's worst sources of sulfur dioxide pollution, an irritant gas that harms human health. India has seized the top spot from Russia and China, contributing nearly 15 percent of global sulfur dioxide emissions.

Read More Show Less
The huge surge this year in Amazon deforestation is leading some European countries to think twice about donations to the Amazon Fund. LeoFFreitas / Moment / Getty Images

By Sue Branford and Thais Borges

Ola Elvestrun, Norway's environment minister, announced Thursday that it is freezing its contributions to the Amazon Fund, and will no longer be transferring €300 million ($33.2 million) to Brazil. In a press release, the Norwegian embassy in Brazil stated:

Read More Show Less