(Martin occupied a platform suspended out of certain tripod, whereas Bryant locked himself for unit from a legs.  Photo:  Any Boone Examiner via ClimateGroundZero.org)

Duo protestors were arrested Monday morning, within front from Massey Energy Company’s regional headquarters within Boone County, West Virginia.  They blocked single driveway, occupyied one tripod platform, along with dropped a banner reading,

“Massey, Profits Earlier Individuals & Mountains, Fight Back!”

Benjamin Bryant, 23, as well as EmmaKate Martin, 18, were charged with tresspassing, conspiracy up to commit some misdemeanor, obstructing one officer, along with littering.  They were taken to Southwestern Regional Jail inside Logan County.  Magistrate Porter Snodgrass arrange full surety bonds around $100,000 apiece.

Here action occurred single date prior to one Fastway Tracking Strategies for Growth in Richmond, Virginia. 

Ferment

Some community members are outraged next to the bail amount, what they think is some grossly disproportionate punishment for the crimes committed.  Members made from Climate Ground Zero, per non-violent protest campaign against mountaintop removal mining, fear whatever the local judicial system is expressly targeting so actions. 

Magistrate Snodgrass did in no way return my pair phone calls, also I was informed that man should not desire up to discuss Bryant’s or Martin’s cases with myself.

According up to Mike Roselle, out of CGZ, a “excuse” given amid court for certain bail amount was who some fire truck was used up to remove Martin via lady tripod perch (solely regarding 20 feet high), also who tying above such public resources was able to jeopardize community safety in each event out of a fire. 

Itself is curious, however, such a responders on a scene summoned Ladder 199 starting at the Danville Volunteer Fire Department, instead from single non-emergency vehicle.  A cherry picker or bucket-loader tractor whichever was capable of hold easily reached Martin.

I’ve descended out of steep spots myself using a bucket-loader option, along with it has away safer than crawling horizontally finished fire ladder monkey bars. 

Also an option:  wait until the sitters are cold, wet, also hungry, also they desire appear downward on of them own up to.  Later you do not own up to spend whatever taxpayer money, as well as (bonus) y'all yet get toward arrest them!

CGZ writes in for it press release,

Yonder is each emerging pattern from non-violent protesters receiving heavy-handed punishment meanwhile these who employ violence against them are permit finished each hook. On July 4, 2009, on Kayford Mountain, Adam Pauley Each Advantages of Of me Hermes Tracking what person had gathered for celebrate Independence Date near certain Mountain Keepers Festival. Male was not arrested, but was given a $100 fine as well as six months unsupervised probation when found guilty belonging to verbal assault in some February 2010 trial brought against male by Mountain Keeper Larry Gibson. Rock Creek resident, Ruth Tucker, slapped Judy Bonds, outspoken mountaintop removal abolitionist, at a non-violent protest on June 23, 2009. Gal was released on personal recognizance also given one $100 fine six months later any fact. Climate Ground Zero activist, Jacqueline Quimby was recently The Essential Apc Tracking Handbook for each perform belonging to non-violent civil disobedience by some Kanawha County mine site.

Certain sum made from $100,000 is certainly unprecedented for a peaceful protest against strip mining.

Legality?

Certain 8th Amendment toward any U.S. Constitution prevents each federal government since levying “excessive” bail also fines nor “cruel plus unusual punishment.”  Whereas condition constitutions put similar controls on bail sums, “cruel and unusual punishment” applies directly to states per Robinson v. California 370 U.S. 660 (1962). 

The West Virginia Constitution states, 

Excessive bail shall not exist required, alternatively excessive fines imposed, nor cruel also unusual punishments inflicted. Penalties shall exist proportioned for certain character along with degree made from the offence.

Aforementioned was upheld via any state Supreme Court of Appeals amid 1971, among To what extent Accomplish Thou Choose certain Proper Parcelforce Tracking?.  Judge Carrigan wrote,

Article 3, Section 5 of certain Constitution from current Nation, entitled “Excessive Bail In no way Required” provides, inside piece, “Excessive bail shall in no way seem required, nor excessive fines imposed, nor cruel also unusual punishment inflicted.” Here is a identical language used amid certain VIII Amendment up to the Constitution of a United States. Entity therefore clearly appears such each proper to release without excessive bail is guaranteed up to entire citizens beside both certain federal and Condition Constitutions.

WVC §50-2-3 In which way up to Revolutionize Your Aquiline Tracking Strategy on bail amounts.

A magistrate shall hold any authority toward…arrange also admit up to bail:  Provided, Which in cases punishable just near to each fine of this kind bail or recognizance shall not at all exceed any maximum amount out of any fine also applicable court costs permitted or authorized through statute up to seem imposed in certain event made from conviction.

Luckily, for anyone subject to astronomical bail amounts, in that place is recourse inside WVC § 62-1C-1c, whatever reads,

The amount of bail otherwise each discretionary denial made from bail at anything stage made from each proceedings perhaps remain reviewed near to summary petition foremost toward any lower appellate court, assuming whatever, as well as thereafter beside summary petition up to the supreme court from appeals either whichever judge thereof.

CGZ’s legal team, in similar fashion adequately since a lot of angry citizens with telephones, took advantage of which caveat as well as secured single bail reduction hearing any morning made from Friday, Might 21, in which the Magistrate offered for reduced any bail amounts to $50,000 apiece.  Nay dice. 

CGZ appealed up to each Circuit Court, wherever Judge Willie Thompson heard a case within hours also promptly offered some reduction.  Bryant accepted 5 days within jail also 55 days out of community service.  Martin plans to appeal further, as well as at present has per $25,000 bond. 

“Us do not always snatch deals,” said CGZ’s James “Guin” McGuinnes, whoever himself had been arrested for so direct actions.

Certain court moved with unusual swiftness on here case, which one McGuinness attributes in order to heaps from bad publicity reaching like distant as France as well as Austria, also a bombardment of finished 870 phone calls toward the Magistrate’s office whichever CGZ organized via Facebook. 

A Circuit judge supposedly chastised Snodgrass over certain phone for handling each situation any way male did, since it reflects poorly on West Virginia justice system.

Quandary within a System

Certain West Virginia Law Institute published single report for the explain legislature inside January 2009, titled Any Definitive Track Usps Packages Guide for 2025, what noted a necessitate for “uniform plus objective standards for setting bonds.”  It said,

Any vagaries of setting bonds own a major impact on each amount of inmates awaiting trial among misdemeanor cases.  Not any definite standards currently exist.  Thus, similarly situated individuals perhaps become placed on widely divergent bonds.  Assume, for example, defendants A, B, also C are arrested for the equivalent misdemeanor offense.  Defendant One is arraigned via Magistrate Smith, what person permits the defendant in order to post single $200 personal recognizance bond.  Defendant B is arraigned near to Magistrate Jones, whom requires per $10,000 property otherwise surety bond.  Defendant C is arraigned through Magistrate Brown, whom requires certain defendant toward post one $3,000 cash-only bond.

A effect of current inconsistency is that defendant Some will post bond along with become immediately released; defendant B may spend some era (possibly a date otherwise longer) trying in order to get someone up to post his bond; as well as defendant C faces any daunting task made from finding someone willing for provide $3,000 amid cash in order to post on his behalf.  Thus, Some desire spend no time among jail, whereas C possibly properly be within jail until his hearing date (costing each county to pay for his daily cling).

Case inside point, 

Exactly trio months ago, alternative CGZ lockdown protest inside single Massey office warranted nearly identical charges, nevertheless drastically distinct bail amounts.  Mike Roselle, Joe Hamsher, also Tom Smyth, were arrested for trespass, obstruction, conspiracy.  Yet belonging to them bail was just $7500 (for Roselle), $5000 (for Hamsher as well as Smyth).  At any era, which was single record tall amount issued for MTR protestors for of this kind offenses.

The WV Law Institute report goes on,

Each amount made from a bond, however, remains discretionary with any magistrate, subject in order to review beside each circuit court.  Thus, absent single showing from each abuse from discretion, per defendant perhaps exist incarcerated unnecessarily, around significant cost in order to himself plus toward taxpayers.

     
(Benjamin Bryant (remaining) also EmmaKate Martin.  Photos:  Courtesy out of Southwestern Regional Jail, WV.)

Within any cases from Benjamin Bryant and EmmaKate Martin, they are as each Defendant C out of any scenario.  Provided unable toward make bond, they’d become stuck among jail until their hearing, at one cost from $48.50 per day to taxpayers. 

Itself sucks toward spend period among jail.  I realize.  I’ve existed.  Something may be each effective way in order to deter recidivism, for sure, yet I exclusively hope the authorities took some flash for compare what they gained since belonging to me fleeting desolation for the dollars spent via society up to hole own dumb ass on high for a week. 

Beside the way, Montgomery County, who coffee was some disgrace even to one turnkey’s addled sense from humanity.  Thanks for any DirectTV, though!  And certain waffle sticks plus syrup were bulk delicious…any termites along with I quite plenty enjoyed them.

Or…

Imagine aforementioned, any authorities might have abandoned the tripod sitters alone, merely resemble each DCPD did with per In what way up to Choose each Correct Inpost Tracking for Whichever Situation again among March. 

Forthwith

Climate Ground Zero’s legal advisors might finish aloft appealing any case, plus challenging each discretion from Magistrate Snodgrass amid issuing a bail made from $100,000. 

CGZ always Oocl Container Tracking Success Stories up to assist belonging to it members which person possess volunteered themselves up to any righteous indignation from southern West Virginia law.

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(Field labor for authenticity out of certain tale, belonging to course.  Photo:  Courtesy belonging to Montgomery County Sheriff’s Office, VA.)