Judge Reserves Decision in ‘Montrose 9’ Pipeline Protestors Trial
Cortlandt Town Justice Daniel McCarthy reserved decision Friday afternoon in the case of the “Montrose 9” protestors who were arrested last November for disorderly conduct for blocking access to Spectra Energy’s construction yard on Route 9A.
With about 50 onlookers in Cortlandt Town Court anxiously awaiting a ruling, McCarthy promised to render a decision in the mail after the defense and prosecution made their closing arguments in a case that has received some national attention.
Attorney Martin Stolar, who is using a “necessity defense” in contending his clients were trying to stop a greater harm in the expansion of the controversial natural gas pipeline on November 9, 2015 at 6:30 a.m. since all legal and regulatory options had been exhausted, reiterated that stance Friday.
“Creating a traffic jam happens all the time. It’s not something that is a serious offense,” Stolar contended. “The First Amendment has to be protected. It’s what makes America different. It’s what makes America great. They (defendants) all take seriously a commitment to make the world a better place. They have done everything that good, concerned citizens do.”
To date, 53 individuals, including the “Montrose 9” have been charged in the area with disorderly conduct trying to disrupt the pipeline construction. The “Montrose 9” (Monica Hunken, Kim Fraczek, George Packard, Kathleen Thomas, Michael Bucci, Andrew Ryan, Melissa Freedman, Linda Snider and Susan Rutman) have all pled not guilty.
Stolar maintained the “Montrose 9” were left with no choice other than their protest last November since previous efforts by residents and elected officials with petitions, resolutions and lawsuits in trying to halt the pipeline project fell on deaf ears.
A last ditch effort calling on the Federal Energy Regulatory Commission to reopen a hearing on the project was denied on January 28, 2016.
“None of the safety issues raised by these folks and town officials were being addressed,” Stolar said. “We have a public injury that is about to develop. Before you build the pipeline, examine the risks involved. You don’t have to be a genius to figure it out.”
The prosecution argued there were no First Amendment violations since the State Police advised the protestors they could continue their activity if they moved down the sidewalk and allowed the Spectra vehicles to enter the construction yard.
They also contended the “Montrose 9” “recklessly created a risk of public inconvenience” with their protest and were accurately charged with disorderly conduct.
None of the defendants have any prior criminal records. Disorderly conduct is a violation of New York Law and carries a punishment of no more than 15 days in prison or a fine no greater than $250.
Rick has more than 40 years’ experience covering local news in Westchester and Putnam counties, running the gamut from politics and crime to sports and human interest. He has been an editor at Examiner Media since 2012. Read more from Rick’s editor-author bio here. Read Rick’s work here: https://www.theexaminernews.com/author/pezzullo_rick-writer/
