FOR IMMEDIATE RELEASE | March 18, 2016
Contact: Sandra Steingraber, 607-351-0719, ssteingraber@ithaca.edu
Video: https://www.youtube.com/watch?v=uv5SQAoeok8
Photos: http://www.wearesenecalake.com/pictures-reading-20160316/
Public Statement by We Are Seneca Lake Regarding Chaos, Danger and Negligence at the Reading Town Court on March 16, 2016
Watkins Glen, NY – On March 16, 70 individuals charged with disorderly conduct violations were scheduled for 5 p.m. arraignments at the Town of Reading Court in Schuyler County. All had been arrested between January and March at one of several peaceful protests against gas storage at Crestwood Midstream.
The court was unable to process this large number of defendants in a timely manner, and the courtroom itself, which holds 48 people, could not accommodate them. The court clerk ushered those with appearance tickets into the courtroom in small groups organized by date of arrest. This protocol compelled the remainder—including their loved ones, supporters, and assorted observers—to wait outside in the elements for up to three hours, even during severe rain, hail, and lightning.
While court was in session, Schuyler County Sheriff’s deputy J.D. Sworts locked the interior front door of the Reading Town Hall, in which the courtroom is located, and allowed no one into the public building (other than to briefly use the restroom), even though the town hall contains a large meeting space that could have provided shelter during the serious weather event that began shortly after 7 p.m.
The appeals of defendants locked outside of the building—who could be heard imploring Deputy Sworts and Town Clerk Alice Conklin to allow them to seek shelter inside the town hall while waiting for their turn before the judge—were audible to those inside the building.
Deputy Sworts advised individuals waiting outside to take refuge inside their cars. However, many defendants had carpooled and did not have cars on site. Others had been forced, by restrictions on parking, to park up to a quarter-mile away. Further, had they sheltered in their cars, defendants might have missed the calling of their names and risked a bench warrant for arrest.
Town Clerk Alice Conklin told one defendant, “If you can protest in this weather you can stand out in it now.”
By 8 p.m., courtroom decorum had completely broken down. Defendants, their supporters, and their attorney, Sujata Gibson, appealed directly to Judge Raymond Berry to allow those waiting outside in an electrical storm to enter the building.
In all cases, these requests were denied. Judge Berry claimed on the record that the sheriff, and not the Court, was responsible for the scheduling snafu and that the “town fathers,” and not the Court, were responsible for the decision to declare the interior of the town hall off-limits to defendants waiting to appear before him.
By 8:30 p.m., 42 individuals had been arraigned before Judge Berry, and defense attorney Sujata Gibson entered a global plea of not guilty for the remainder.
We Are Seneca Lake objects both to the reckless lock-out of defendants, who had no choice other than to appear at court at the assigned hour, and to the negligent scheduling that set the stage for such chaos. This is not the first time that the town hall (courthouse) has been declared off limits to defendants and their supporters during court hearings that take place during hazardous weather conditions. We assert that the physical safety of defendants is a prime responsibility of the court system.
With the help of our attorneys, We Are Seneca Lake is now exploring the possibility of filing a motion to transfer cases to a court that can safely accommodate all defendants, their supporters, and members of the press and public, with a law-trained judge outside of Reading Town Court. We are also exploring the possibility of filing a federal lawsuit for violation of due process under the Constitution.
The We Are Seneca Lake campaign opposes the expansion of gas storage in abandoned lakeside salt caverns owned by Crestwood. Since the campaign began in October 2014, there have been 537 arrests. Of these, 234 cases have been adjudicated (resulting in 176 total dismissals to date); 303 cases remain open.
On March 15, Judge Raymond Berry dismissed 112 violation trespass charges against 110 We Are Seneca Lake protesters after an investigation by Schuyler County District Attorney Joseph Fazzary determined there was insufficient evidence to prosecute them.
The list of those scheduled for arraignment at 5 p.m., Wednesday, March 16:
Bradford County, PA
Cat Rossiter, 63, Sayre
Cayuga County
Kerry Angie, 71, Aurora
Thomas Angie, 63, Aurora
Chemung County
Colleen Boland, 60, Elmira
Doug Couchon, 65, Elmira
Patricia Buttolph, 70, Elmira
Hervie Harris, 69, Elmira
Chenango County
Ken Fogarty, 76, Guilford
Erie County
Charley Bowman, 69, Getzville
Fulton County
Bill Kitchen, 63, Johnstown
Livingston County
Lyndsay Clark, 55, Springwater
Coby Schultz, 56, Springwater
Holly Adams, 56, Hunt
Bob Thompson, 62, Livonia
Jamie Carestio, 30, Dansville
Monroe County
Colleen Coss, 61, Henrietta
Paul Flansburg, 48, Rochester
Susan Hughes-Smith, 44, Rochester
Kit Miller, 53, Rochester
Dwain Wilder, 76, Rochester
New York County
Michael Bucci, 67, Manhattan
Onondaga County
Howie Hawkins, 63, Syracuse
Ontario County
Cynthia Carestio, 55, Canandaigua
Paul Passavant, 49, Geneva
Marty Dodge, 73, Canandaigua
Peggy Abbott, 64, Geneva
Angela Cannon-Crothers, 50, Naples
Schenectady County
Debb Guard, 61, Niskayuna
Pete Looker, 65, Glenville
Schoharie County
Elliott Adams, 68, Sharon Springs
Schuyler County
Daryl Anderson, 46, Burdett
Shirley Barton, 68, Mecklenburg
Phillip Davis, 63, Hector
Paula Fitzsimmons, 58, Hector
Sharon Kahkonen, 66, Mecklenburg
Beth Peet, 48, Hector
Wendell F. Perks, Jr., 67, Hector
Marie Ely Baumgardner, 67, Hector
Nate Lewis, 33, Hector
Seneca County
Michael Dineen, 67, Ovid
Kim Knight, 32, Covert
Carrie Fischer, 39, Fayette
Steuben County
Louise Sullivan-Blum, 55, Corning
Meg Krywe, 57, Arkport
Jeni Paquette, 63, Corning
Tioga County
Rick Rogers, 67, Spencer
Richard Battaglia, 53, Richford
Gerri Wiley, 68, Owego
Wes Ernsberger, 68, Owego
Tompkins County
Danielle Angie, 37, Trumansburg
Caroline Byrne, 39, Ithaca
John Dennis, 66, Lansing
Ruth Groff, 64, Ithaca
Stephanie Redmond, 40, Enfield
Therese Araneo, Caroline
Mariana Morse, 67, Caroline
Tom Seaney, 66, Ithaca
Alicia Alexander, 63, Ithaca
Donn Carroll, 66, Ithaca
Ken Zeserson, 68, Ulysses
Arthur Godin, 66, Enfield
George Adams, 66, Danby
Stacey McNeill, 44, Ithaca
Ba Stopha, 70, Ithaca
Wayne County
Nancy Kasper, 57, North Rose
Yates County
Michael Black, 63, Lakemont
Alison Marshall, 35, Penn Yan
Lynn Donaldson, 72, Keuka Park