Trial starts today in ?06 port protest
Christian Hill
The Olympian
March 26, 2007
http://www.theolympian.com/101/story/72525.html

Seventeen people accused last spring of trespassing on Port of Olympia
property during a protest against the Iraq War go on trial today, and if
convicted could receive a hefty bill. The port is seeking $29,000 in
restitution.

They were among 22 people arrested May 30, 2006, during the most raucous
of 10 days of protests over a military shipment. The protesters opposed
the use of a publicly funded port to support what they deem an illegal
and immoral war. Nearly 40 people were arrested overall.

The codefendants are each charged with ­second-­degree criminal
trespass, a misdemeanor, for remaining on the port?s secured operations
yard.

The trial was scheduled to begin Nov. 13, but was delayed because of a
legal dispute about an Oct. 3 ruling by Thurston County District Court
Judge Susan Dubuisson.

Deputy Prosecuting Attorney Debra Eurich appealed Dubuisson?s ruling
that the codefendants could use a ?necessity? defense, or in other
words, argue to the six-member jury their law-breaking was necessary to
prevent the greater harm of the war. A Superior Court judge overturned
the ruling in November.

Dubuisson reiterated to the codefendants last week that they will not be
allowed to put the Iraq War on trial. She excluded several witnesses for
that reason.

?If any of you stray on that, I will reel you back in,? she instructed.

Larry Hildes, who represents four codefendants, declined to discuss his
defense strategy Friday.

Six codefendants will represent themselves; court-appointed attorneys
will defend the remaining seven.

The port is seeking restitution to pay for two damaged gates, staff
overtime and associated cleanup, and overtime for law enforcement during
the protests. The codefendants are not accused of damaging port property.

Carolyn Lake, the attorney representing the port, was unavailable for
comment Friday.

?It?s been used as a threat,? Hildes said of the port?s request for
payment. ?There?s no basis for awarding restitution for law enforcement
costs. It?s specifically not allowed by the courts,? especially in First
Amendment-related cases.

Of the other five people arrested May 30, two accepted plea agreements
that allow the conviction for trespassing to be cleared from their
records after a year. A juvenile charged with trespassing was sent
through a diversion program that leads to dismissal of the charge upon
completion.

Two others were charged with riot without a firearm. Both stipulated to
the facts in the police report and can have the charge dismissed if they
have no contact with the port and no arrests for six months.

Jury selection begins this morning. The jury pool will consist of about
60 people. Two alternates will be selected with the six jurors.

Opening statements will begin this afternoon or Tuesday morning.

*Christian Hill* covers the city of Lacey and military for The Olympian.
He can be reached at 360-754-5427 or at chill@theolympian.com.