Pierce County District Court Judge Margaret Vail Ross said she had no choice but to declare a mistrial in the cases of Patricia Imani of Olympia and Brianna Herrara of Seattle.
Imani, 47, and Herrara, 24, were arrested and charged with disorderly conduct in August 2008 after they stepped into the roadway to block Army equipment returning to Fort Lewis from Iraq.
A conviction for disorderly conduct, a misdemeanor, is punishable by up to 90 days in jail and a $1,000 fine.
In separate incidents, the two women blocked offramps from Interstate 5 to roads leading to Fort Lewis, temporarily halting trucks carrying Stryker vehicles to the post where they were to be repaired.
Both women admit they violated the law but argue their actions were necessary to achieve a greater good: stopping what they see as the illegal wars in Iraq and Afghanistan.
Ross ruled Wednesday morning that the women could present the so-called “necessity defense,” and their attorney, Larry Hildes, said he intended to call as a witness Daniel Ellsberg.
In 1971, Ellsberg, now 78, was working as a military analyst when he leaked to The New York Times a top-secret government report on the United States’ involvement in Vietnam.
That report, dubbed the Pentagon Papers, revealed the United States was expanding the war in Vietnam without the public’s knowledge and that past administrations had deliberately misled people about their intentions in Southeast Asia.
Some scholars have concluded that publication of the Pentagon Papers contributed to disillusion with the war that ultimately led to the United States pulling out of Vietnam.
Ellsberg was expected to testify today, but the trial ended prematurely after the testimony of the two prosecution witnesses: Lakewood police officers who participated in the arrests of the women.
Deputy prosecutor Daniel Womac rested his case after calling the two officers, and Hildes was set to begin the defense case when a spectator in the courtroom notified him of the juror’s alleged conduct.
The juror disclosed during jury selection that he is affiliated with law enforcement but said he thought he could remain impartial.
Womac argued for keeping the man on the jury, but Hildes said he had misgivings. The defense attorney said his clients would be willing to continue with a jury of five.
District court rules require a jury of six but allow for five with the agreement of the parties and the judge.
Ross said she didn’t feel the women could get a fair trial by retaining the juror or continuing with five.
The parties then agreed to schedule a new trial for April 21.
Ellsberg is expected to testify then.
Adam Lynn: 253-597-8644
adam.lynn@thenewstribune.com
blog.thenewstribune.com/crime
