Chelsea
The trial had resumed in the afternoon and the jury was in the courtroom in Chelsea when the protesters, wearing black-and-white striped shirts that evoked old fashioned prison uniforms, unfurled banners at the unlawful trespassing trial of Henry Harris.
That could have prejudiced one or more jury members, argued prosecutor Dickson Corbett, who moved for a mistrial on Monday afternoon.
“The rule of law depends on the resolution of criminal cases based on the evidence and testimony that is presented in court. It undermines the reliability of the process when there are organized protests in the courtroom in front of the jurors, and it creates a substantial and unjustifiable risk that the outcome will be based on something other than the evidence in the case,” Corbett, Orange County assistant state’s attorney, said by email. “A mistrial was necessary, in the view of both the state and the court, in order to protect the right to a fair trial, but anytime a mistrial is occasioned it is unfortunate.”
A court clerk said Harris likely will have a new trial in the fall.
Harris, of Plainfield, Vt., was charged with the misdemeanor following a May 2016 incident in which a group of demonstrators stormed onto the lawn of then-Department of Public Service Commissioner Chris Recchia at about 6 a.m. and erected a replica of an oil derrick.
At the time, the group that claimed responsibility for the demonstration, the People’s Department of Environmental Justice, said they were protesting Recchia’s approval of a Vermont Gas pipeline in Addison County.
Two of the signs held up on Monday in the Chelsea courtroom by a group of about 20 protesters read: “Sentenced to Climate Change” and “The State of Fossil Fuels vs. the People,” according to WCAX-TV footage of the protest.
Corbett said that before adjourning on Monday, Judge Timothy Tomasi indicated he would appoint Harris an attorney before considering potential contempt of court issues. A message left for Harris, who represented himself, wasn’t returned.
A Facebook event page called “Pack the Courthouse,” encouraging protesters to come to Chelsea, was recently created by a Henry Harris. It includes the statement: “I am not concerned about conviction of trespassing whatsoever. This is an opportunity for all of us to call the question about how government does, or does not, represent the will and needs of the people.”
Another statement was, “We would like to show the court and the media our conviction, purpose and vast support we have for a climate movement and opposition to our state government bringing down climate-driven disaster.”
Reached by telephone Monday afternoon, Recchia said he testified Monday morning and the trial proceeded uneventfully. After a lunch break, the mood started to change, Recchia said. That was when the protesters arrived. Video from WCAX shows a court officer approached the demonstrators and tell them “the signs have got to go.”
“I feel sad the state is spending so much time and money on this,” Recchia said. “I do think it is important though that public officials not be harassed at their private property.
“I have accommodated protesters and met with them. I don’t object to peaceful protesters,” Recchia said. “Yet, at 6:15 in the morning, I want to be left alone. That was over the line.”
Recchia retired from his post as commissioner in January. The incident played a “small” role in his decision, he said. He hasn’t had an issue with protesters bothering him at his home since.
Jordan Cuddemi can be reached at jcuddemi@vnews.com or 603-727-3248.