Port defendants prevail

By Christian Hill | The Olympian • Published June 13, 2007

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Last year, Dubuisson ruled that the co-defendants could argue to a jury that their law-breaking was necessary to stop the greater harm of the war. The prosecutor appealed the decision to Thurston County Superior Court, and the judge there overturned Dubuisson�s decision.

The co-defendants then were tried as a group in one of the largest single jury trials held in Thurston County District Court, which ended in the mistrial. During the trial, the co-defendants argued that the boundary of the operations yard was arbitrarily set by authorities and included property traditionally open to the public.

Prosecutors can appeal Dubuisson�s decision to dismiss the cases to Thurston County Superior Court, but Powers said there has been no decision on how to proceed.

Earlier during the court hearing, the co-defendants had asked the judge to dismiss the charges on other legal grounds and had requested that Dubuisson recuse herself because she was biased against the co-defendants. She declined.

Restitution sought

The Port of Olympia had sought $29,000 in restitution from anyone convicted of trespassing because of two damaged gates, staff overtime and associated cleanup, and overtime for law enforcement during the protests. The co-defendants were not accused of damaging port property.

Of the other six people arrested May 30, three accepted plea agreements � two before the first trial and one during the trial.

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.

Dubuisson had issued a bench warrant for Nicholas Bland, one of the remaining co-defendants, after he failed to attend court hearings.

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

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