[Note: Please support Madeline’s legal fund. Donations can be made using WePay. See earlier post for more.]
Updates:
Madeline’s lawyers respond to prosecutor motion: A News, 8/26/12
Interesting legal strategy the judge and prosecutor won’t tell the jury: The jury can acquit based on unjust or bad laws: Letter to the editor by Abe Alassaf;
and letter on conflicting versions of events at injection well by Brandon Jaeger, A News, 8/27/12
Athens Messenger, Saturday, Aug. 18, 2012: Prosecution seeks to limit evidence in Ffitch case, conditionally offers to drop charge to misdemeanor By STEVE ROBB Messenger staff journalist:
If the felony case of injection-well protester Madeline Ffitch goes to trial, the Athens County Prosecutor’s Office doesn’t want the trial itself to become a forum for Ffitch’s concerns about injection wells.
On Friday, County Assistant Prosecutor Meg Saunders filed a motion in Athens County Common Pleas Court asking Judge Michael Ward not to allow admission of evidence concerning the validity of Ffitch’s protest. Also, Saunders filed notice that the prosecution is willing to drop the charge to a misdemeanor if Ffitch makes restitution.
Law enforcement and firefighters responded to the scene, and a special team from the State Highway Patrol was called in preparation for breaking Ffitch out of the barrels. According to the Athens County Sheriff’s Office, Ffitch was told she would be charged with a misdemeanor if she released herself from the barrels before the State Highway Patrol team was flown to Athens County by helicopter. She released herself, but not before the team arrived.
“Based on statements made to the media and on the Internet website YouTube, the defendant wishes to debate the issues of waste water and fracking during the pendency of this matter,” Saunders wrote. “While the Athens County prosecutor and his staff are concerned about the potential damage done to our watershed from the dumping of waste water from in- and out-of-state corporations, the criminal court process is not an appropriate (forum) to debate these issues.”
According to Saunders, the only issues to be decided at trial are whether Ffitch trespassed, whether it caused serious inconvenience or harm, whether the economic harm exceeded $1,000 and whether she was reckless. Court papers filed by the prosecution state that the incident cost the Albany Fire Department, sheriff’s office and patrol a total of $3,607, plus costs to Alexander Twp. yet to be determined. Included is $946 in costs to the patrol’s aviation unit.
Ffitch’s attorney, Constance Gadell-Newton, declined to comment Friday because she had not yet reviewed Saunders’ motion. However, Gadell-Newton said that why Ffitch did what she did is important.
“I do think that is an important aspect of this case,” Gadell-Newton said. “How that plays out in the case is yet to be seen.”
Saunders also filed notice that Ffitch is eligible for the prosecutor’s diversion program. In that program, a defendant pleads guilty, but the case is ultimately dismissed if the defendant follows the diversion program rules.
According to the notice Saunders filed, if Ffitch pays the restitution up front, the charge will be reduced to a misdemeanor, she can plead guilty and enter the diversion program. If she doesn’t make restitution up front, then she would have to plead guilty to the felony in order to get into the diversion program.
County Prosecutor Keller Blackburn said in the diversion program Fitch would have to be law-abiding, perform community service and comply with other aspects of the program. If she hasn’t paid restitution, the restitution would be a requirement of the diversion program.
Blackburn explained that if Ffitch were to violate the terms of diversion, she would be sentenced on either the misdemeanor or felony. A felony conviction would likely result in probation, Blackburn said.
Gadell-Newton also declined to comment on the diversion notice filed by Saunders saying she had not reviewed that document either. Ffitch did not immediately respond to an e-mail sent Friday afternoon by The Messenger seeking comment.