Post by Woody Williams on Feb 17, 2006 11:34:41 GMT -5
Bear-hunt protesters go on trial
Wednesday, February 15, 2006
By RICHARD COWEN
STAFF WRITER
Six animal rights advocates, arrested in December during a protest at Wawayanda State Park on the final day of the 2005 black bear hunt, went on trial Tuesday in Vernon Municipal Court.
The six -- Lynda Smith, Elenor Hoffman, William Crain, Catherine McCartney, Kristen Sondej and David Stewart -- are all charged with obstruction for allegedly jumping a plastic fence that park police had set up to corral demonstrators, then sitting down on the pavement before being led away in handcuffs.
The trial began after all six pleaded not guilty before Municipal Court Judge C. William Bowkley Jr.
The state contends the orange plastic fence was necessary to keep a noisy throng of 150 demonstrators away from the hunters who had come to register killed bears at the Wawayanda station on the morning of Dec. 10. But the defendants maintain that corralling the protesters only heightened tensions and ultimately gave police an easy excuse to call off the demonstration once the protest leader, West Milford resident Smith, was arrested.
Gina A. Calogero, the lawyer for all six defendants, argued the charges should be dropped because the state-issued permit that authorized the demonstration was invalid. Calogero said the state has no uniform standards for issuing permits to protest, and that keeping demonstrators behind a plastic fence was a "completely arbitrary decision."
"If a police officer is permitted to use discretion in dictating the place and the manner by which political speech is acceptable, then that is dangerous," she said following the proceeding. After hearing the case, Bowkley asked both sides to submit summary briefs within the next month and said he will rule on the case on March 28.
The offense, a misdemeanor, carries a small fine and no presumption of jail time.
Among the first witnesses to take the stand was Lt. Kelly Goettheiner of the Wawayanda Park police, who was in charge of the scene that morning.
"This was group of people that was very unhappy with the bear hunt," Goettheiner testified. "Obviously, we didn't want any type of violence to break out."
The state Division of Fish and Wildlife issued a permit for the demonstration to Smith, the head of the Bear Education and Resource Group of West Milford, which opposes hunting in favor of non-lethal means of bear management. The permit allowed demonstrators to congregate in the parking lot of the Wawayanda check station between the hours of 11 a.m. and 2 p.m. on Dec. 10, the final day of the bear hunt.
A contingent of about 25 police officers was on hand to keep order. Police also videotaped the demonstration, and played the tape in court when it was introduced as evidence on Tuesday.
Goettheiner testified that she warned Smith that the police would break up the demonstration if Smith were arrested. Crain was arrested about 45 minutes into the demonstration when he crossed the barricade and then refused to return. The tape also shows Smith and four other defendants jumping the barricade and sitting down on the pavement.
The tape shows Goettheiner pleading with Smith and the other defendants to return behind the barricade, then announcing cancellation of the demonstration when they didn't comply. The five were then arrested and led away.
Calogero also represents four other bear hunt protesters who are charged with harassing two hunters in Wawayanda State Park on Dec. 7. That case is not yet scheduled for trial.
Wednesday, February 15, 2006
By RICHARD COWEN
STAFF WRITER
Six animal rights advocates, arrested in December during a protest at Wawayanda State Park on the final day of the 2005 black bear hunt, went on trial Tuesday in Vernon Municipal Court.
The six -- Lynda Smith, Elenor Hoffman, William Crain, Catherine McCartney, Kristen Sondej and David Stewart -- are all charged with obstruction for allegedly jumping a plastic fence that park police had set up to corral demonstrators, then sitting down on the pavement before being led away in handcuffs.
The trial began after all six pleaded not guilty before Municipal Court Judge C. William Bowkley Jr.
The state contends the orange plastic fence was necessary to keep a noisy throng of 150 demonstrators away from the hunters who had come to register killed bears at the Wawayanda station on the morning of Dec. 10. But the defendants maintain that corralling the protesters only heightened tensions and ultimately gave police an easy excuse to call off the demonstration once the protest leader, West Milford resident Smith, was arrested.
Gina A. Calogero, the lawyer for all six defendants, argued the charges should be dropped because the state-issued permit that authorized the demonstration was invalid. Calogero said the state has no uniform standards for issuing permits to protest, and that keeping demonstrators behind a plastic fence was a "completely arbitrary decision."
"If a police officer is permitted to use discretion in dictating the place and the manner by which political speech is acceptable, then that is dangerous," she said following the proceeding. After hearing the case, Bowkley asked both sides to submit summary briefs within the next month and said he will rule on the case on March 28.
The offense, a misdemeanor, carries a small fine and no presumption of jail time.
Among the first witnesses to take the stand was Lt. Kelly Goettheiner of the Wawayanda Park police, who was in charge of the scene that morning.
"This was group of people that was very unhappy with the bear hunt," Goettheiner testified. "Obviously, we didn't want any type of violence to break out."
The state Division of Fish and Wildlife issued a permit for the demonstration to Smith, the head of the Bear Education and Resource Group of West Milford, which opposes hunting in favor of non-lethal means of bear management. The permit allowed demonstrators to congregate in the parking lot of the Wawayanda check station between the hours of 11 a.m. and 2 p.m. on Dec. 10, the final day of the bear hunt.
A contingent of about 25 police officers was on hand to keep order. Police also videotaped the demonstration, and played the tape in court when it was introduced as evidence on Tuesday.
Goettheiner testified that she warned Smith that the police would break up the demonstration if Smith were arrested. Crain was arrested about 45 minutes into the demonstration when he crossed the barricade and then refused to return. The tape also shows Smith and four other defendants jumping the barricade and sitting down on the pavement.
The tape shows Goettheiner pleading with Smith and the other defendants to return behind the barricade, then announcing cancellation of the demonstration when they didn't comply. The five were then arrested and led away.
Calogero also represents four other bear hunt protesters who are charged with harassing two hunters in Wawayanda State Park on Dec. 7. That case is not yet scheduled for trial.
