Five individuals, who were arrested April 16 for trespassing on Massey Energy’s Edwight Mine site, were found guilty in Raleigh County Circuit Court Friday for violating a temporary restraining order barring them from the coal company’s property.

Judge Robert Burnside ruled that photojournalist Antrim Laura Caskey, videographer Jordan Freeman, Charles Suggs, William Wickham and Madeline Gardner, all affiliated with the environmental group Climate Ground Zero, were in contempt of the restraining order, which was issued in February and extended in March as a result of several protests on Massey-owned mountaintop removal sites.

The major point of contention during the nearly daylong hearing was whether Suggs, Wickham, Freeman and Gardner were subject to the restraining order as they were not specifically named.

Massey attorneys argued that, although those defendants were not mentioned, they were indeed in violation as the TRO also barred anyone associated with the named activists from trespassing.

Although Caskey, a photojournalist embedded with Climate Ground Zero, is not a member of the group, she was named in the order as she had previously been arrested as she photographed members as they protested on Massey properties.

Defense attorney Roger Forman argued that, as a journalist, Caskey should not be held in contempt and should be afforded more rights as he said she was working simply to document the group’s activities.

Burnside, however, ruled that Caskey was subject to the same laws as the average citizen.

“No such privilege exists,” he said.

In regard to the remaining four defendants, Burnside said, based on a previous state Supreme Court ruling, because they acted “in concert” with Caskey, they too violated the TRO.

“There was knowledge of the restraining order . . . you’re in violation,” he said.

Although Massey attorney Sam Brock said Michael Roselle, co-coordinator for Climate Ground Zero, was also in violation of the restraining order, as he recruited individuals to participate in a March protest, Burnside ruled differently.

“(It) appears those (were) actions of their own volition and that they did not act as agents under Roselle,” he said.

Before announcing his ruling, Burnside spoke of the “strong undercurrent” of philosophy and passionate beliefs exuded by both sides.

Burnside observed that the problem was a result of the defendant’s belief that land should be “held in trust for those who follow us in years to come” and the plaintiff’s belief of the importance of the extraction of resources to be used for the betterment of life.

Although Burnside said the issue had substantial moral, social and economic implications, he said it was not the court’s job to adopt general social policies.

“(We have to) take the facts given to us and apply law to it,” he said. “We must proceed with that lamp to guide us.”

Caskey, Freeman, Suggs, Wickham and Gardner were each ordered to pay fines of $500 and Burnside said that any future violations would result in $1,000 fines.

The execution of those fines were ordered suspended until June 1, when Burnside will hear a motion from Forman, who contends the TRO itself should be voided.

Also, on June 1, Massey will ask for civil damages as well as attorney’s fees.

A preliminary injunction hearing is also set for June 1 and 2.

— E-mail: mjames@register-herald.com