Local News
Related Photos
-
F. Brian Ferguson
Five mine protesters found guilty
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
- Local News
-
-
W.Va. news briefs
Social Security hearings spark travel complaint
WVU seeks volunteers for biometrics research
WVU receives grant to study clean coal
WVU-Parkersburg gets child care funds
-
THE RODEO ROUNDUP
For the second year in a row, the Armstrong Creek Volunteer Fire Department was victorious in Saturday’s 18th annual Fireman’s Rodeo competition.
Six teams competed and Armstrong Creek won a cash prize along with a trophy, “The Battle of the Ax,” which will be displayed at the station. The trophy will be returned prior to the next competition. -
Bradley school celebrates WESTEST results
Excitedly anticipating their name to be called, fourth- and fifth-graders of Bradley Elementary were on the edge of their seats during Friday’s WESTEST achievement ceremony.
-
Fayette man suffers gunshot wound
A Fayette County man sustained a gunshot wound during a domestic incident Saturday in Victor, police said.
-
Rahall, Maynard debate set for Tuesday
One of the country’s most closely watched congressional races will take center stage Tuesday in Bluefield when 3rd District Rep. Nick Rahall, D-W.Va., and Republican challenger Elliott “Spike” Maynard square off in the first of two televised debates.
- Calendar — Sept. 5, 2010
-
Student to enroll at New River Academy
Nick Simpson will spend his last year of high school kayaking all over the world while receiving his education at New River Academy, a college preparatory school based in Fayetteville.
-
Beckley police: One person injured in early morning shooting
One person was injured during an early morning shooting Saturday in Beckley, city police said.
Capt. Jeff Shumate said the incident started in Oak Hill when two men got in a physical altercation. - Robbery suspect sought
- Man jailed for shooting
- More Local News Headlines
-
W.Va. news briefs
