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Offlinelonestar2004
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Judge overrules jury in Greenpeace case
    #4485467 - 08/02/05 03:17 PM (11 years, 4 months ago)

Judge overrules jury in Greenpeace case
CONVICTIONS SET ASIDE: District Court ruling says the evidence didn't back verdicts.

By MEGAN HOLLAND
Anchorage Daily News

Published: August 2nd, 2005
Last Modified: August 2nd, 2005 at 02:09 AM


A Ketchikan judge on Monday set aside guilty verdicts returned by a jury against the activist group Greenpeace and the captain of its boat for violating state environmental regulations during a 2004 visit to Alaska.


District Court Judge Kevin Miller provided little reason for his unusual order acquitting the Greenpeace defendants except that, in his judgment, the evidence did not support the guilty verdicts.

"The decision to remove these verdicts from the province of the jury is one that this court does not take lightly," Miller wrote.

Miller presided over the jury trial and was responding to a post-verdict request by the defense to consider a reversal of the convictions.

Assistant attorney general James Fayette, reached in New York while on vacation, said: "I've been a prosecutor in Anchorage for 12 years and I've never seen this. ... I've never heard of it happening."

A Ketchikan jury found Greenpeace Inc. and Arctic Sunrise Capt. Arne Sorensen guilty in May of violating Alaska oil pollution prevention laws during a July 2004 trip the activist group made to Southeast Alaska to conduct an anti-logging campaign in the Tongass National Forest.

Under state law, a non-tank vessel larger than 400 gross tons must file an oil spill response plan application with the state, including a certificate of financial responsibility and an oil spill contingency plan.

The jury on May 9 convicted Greenpeace on two counts of operating a ship without oil spill contingency plans on July 12 and July 14, 2004. The jury found the organization not guilty of operating without a certificate of financial responsibility for cleaning potential spills.

The jury found Sorensen guilty of two counts of operating without contingency plans on both dates. He also was found guilty of not having the financial responsibility certificate on July 12 but not guilty of operating without the certificate on July 14.

William Beekman, the ship's agent, also was charged with operating without either document. The jury acquitted him of both charges.

Before the judge's decision Monday, Greenpeace faced up to $400,000 in fines; Sorensen faced up to $30,000 and a possible three years in jail.

"We respect the judge's decision, although we are disappointed and disagree with it," Fayette said. He said he was still looking into whether he could and would appeal the decision.

Lawyers for Greenpeace and Sorensen could not be reached Monday evening.
http://www.adn.com/news/alaska/story/6773730p-6662693c.html


--------------------
America's debt problem is a "sign of leadership failure"

We have "reckless fiscal policies"

America has a debt problem and a failure of leadership.

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Invisibleafoaf
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Re: Judge overrules jury in Greenpeace case [Re: lonestar2004]
    #4487302 - 08/03/05 12:07 AM (11 years, 4 months ago)

a non-tank vessel larger than 400 gross tons must file an oil spill response plan application with the state, including a certificate of financial responsibility and an oil spill contingency plan.

if it's not a tanker and they're not carrying oil...WTF?!


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OfflineSycronica
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Re: Judge overrules jury in Greenpeace case [Re: afoaf]
    #4487943 - 08/03/05 01:51 AM (11 years, 4 months ago)

"Keep those pesky greenpeace hoodlems out of our hair!" ....."Ok, boss! Right away sir!"


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OfflineSeussA
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Re: Judge overrules jury in Greenpeace case [Re: afoaf]
    #4488695 - 08/03/05 07:41 AM (11 years, 4 months ago)

> if it's not a tanker and they're not carrying oil...WTF?!

Have you ever seen how much oil is in a vessel of that size? I have watched them loading several 55-gallon drums of oil into much smaller ships. (into = for use, not onto = for delivery)


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Invisibleafoaf
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Re: Judge overrules jury in Greenpeace case [Re: Seuss]
    #4489119 - 08/03/05 11:42 AM (11 years, 4 months ago)

why would they be carrying ANY oil if they are using the boat for
anti-logging campaigns?

it doesn't say anywhere whether they did or did not have oil in
the article...but I can't imagine the Greenpeace guys going to
stop some loggers, but on the way stopping to hawk some oil
to the local eskimoes...

:shrug:


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OfflineProsgeopax
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Re: Judge overrules jury in Greenpeace case [Re: afoaf]
    #4489150 - 08/03/05 11:52 AM (11 years, 4 months ago)

It's called 'fuel oil.'


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Money doesn't grow on trees, but deficits do grow under Bushes.

You can accept, reject, or examine and test any new idea that comes to you. The wise man chooses the third way.
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Disclaimer: I reserve the right to change my opinions should I become aware of additional facts, the falsification of information or different perspectives. Articles written by others which I post may not necessarily reflect my opinions in part or in whole, my opinions may be in direct opposition, the topic may be one on which I have yet to formulate an opinion or have doubts about, an article may be posted solely with the intent to stimulate discussion or contemplation.


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Offlinelonestar2004
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Re: Judge overrules jury in Greenpeace case [Re: afoaf]
    #4489173 - 08/03/05 12:00 PM (11 years, 4 months ago)

"Under state law, a non-tank vessel larger than 400 gross tons must file an oil spill response plan application with the state, including a certificate of financial responsibility and an oil spill contingency plan."

(IIRC) an environmental response plan.



afoaf if you had to sit on a jury for a week. and the judge comes back to say "you got it wrong" is shit


why bother with a jury and have actual PEOPLE sit on a jury.


--------------------
America's debt problem is a "sign of leadership failure"

We have "reckless fiscal policies"

America has a debt problem and a failure of leadership.

Americans deserve better

Barack Obama


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OfflineMagicalMystery
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Re: Judge overrules jury in Greenpeace case [Re: lonestar2004]
    #4490536 - 08/03/05 05:18 PM (11 years, 4 months ago)

Judges have a right to do this. The problem with a jury of "...your peers" is that most people are rather stupid and emotionally guided. I'm not saying that he did the right thing here, but sometimes a judge needs to set aside a jury verdict in the interest of justice.

Also I believe that this power can only be enacted to overrule a GUILTY verdict. That goes in line with the cliche "rather a thousand guilty men go free than one innocent man be imprisoned". Judges have the benefit of fully knowing and understanding the law. Juries, for the most part, are ignorant of the law. Even when instructed how they should conduct their ruling emotions and other such things get in the way of their performing their duty for an objective legal ruling. I don't believe that judges have the power to override a "Not Guilty" verdict and proclaim a defendant guilty.


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"Men trained in arms from their infancy, and animated by the love of liberty, will afford neither a cheap or easy conquest."
From the Declaration of the Continental Congress

"We can have peace and security only as long as we band together to preserve that most priceless possession, our inheritance of European blood."
Charles A. Lindbergh,"Aviation, Geography, and Race", Reader's Digest, Nov. 1939

"We must secure the existance of our people and a future for White children."
David Lane


Edited by MagicalMystery (08/03/05 05:21 PM)


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Offlinelonestar2004
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Re: Judge overrules jury in Greenpeace case [Re: MagicalMystery]
    #4491330 - 08/03/05 08:38 PM (11 years, 4 months ago)

I hear you.

I remember my first jury duty. they put a bunch of us in a room and the D.A./lawyer started explaining the case to us. (picking jurors)
they then asked if we had any questions....

I asked: "so the man on trial took the money from the undercover police officer with intent to buy a pound of marijuana."

Judge said: "correct".

I asked: "But the man on trial did not have any drugs on him??? and he never gave the undercover police officer any drugs or the pound of marijuana???"

Judge said: (angry) "YOU DO NOT NO ANYTHING ABOUT THE LAW! NO MORE QUESTIONS FROM YOU!"

needless to say i was not picked for that jury.


--------------------
America's debt problem is a "sign of leadership failure"

We have "reckless fiscal policies"

America has a debt problem and a failure of leadership.

Americans deserve better

Barack Obama


Edited by lonestar2004 (08/03/05 09:10 PM)


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OfflineMagicalMystery
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Re: Judge overrules jury in Greenpeace case [Re: lonestar2004]
    #4491481 - 08/03/05 09:22 PM (11 years, 4 months ago)

I almost got arrested when I went for jury duty. I always carry a Nalgene bottle with me to keep myself hydrated and they said I couldn't take it into the court room. I said that I had diabetes and that I had to take it in. After 40 minutes of arguing with Deputy Opie, the court something-or-other came out, a little old friendly lady, and I told her what was going on. She said "Oh deary, my son has the sugar too, of course you can bring it in". Then when I left I told the cop that "uneducated pigs never get their way". This story continues but it's quite off topic. Needless to say, I wasn't picked for jury duty. Thats because I stood up and told the judge that I didn't think that cops were honest and that I wouldn't believe a word a policeman said. Turns out the guy was the Chief Justice of that circuit court and he lives THREE HOUSES UP from my parents house. I've seen him at my parents for dinner before and he never seemed to remember that day.


--------------------

"Men trained in arms from their infancy, and animated by the love of liberty, will afford neither a cheap or easy conquest."
From the Declaration of the Continental Congress

"We can have peace and security only as long as we band together to preserve that most priceless possession, our inheritance of European blood."
Charles A. Lindbergh,"Aviation, Geography, and Race", Reader's Digest, Nov. 1939

"We must secure the existance of our people and a future for White children."
David Lane


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Invisibleafoaf
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Re: Judge overrules jury in Greenpeace case [Re: Prosgeopax]
    #4493434 - 08/04/05 02:45 AM (11 years, 4 months ago)

I don't know what this case is about so I'll just shut the fuck up
and quit thinking out loud...

don't mind me.


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All I know is The Growery is a place where losers who get banned here go.


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OfflineSeussA
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Re: Judge overrules jury in Greenpeace case [Re: afoaf]
    #4493988 - 08/04/05 08:09 AM (11 years, 4 months ago)

Quote:

I don't know what this case is about so I'll just shut the fuck up
and quit thinking out loud.




What fun is that? The joy, for me at least, is in the debate, not in being right or wrong... (which is one reason why I often argue the other side)


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Invisibleafoaf
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Re: Judge overrules jury in Greenpeace case [Re: Seuss]
    #4499164 - 08/05/05 10:46 AM (11 years, 4 months ago)

I live with a lawyer....my life is spent debating...EVERYTHING.

:wink:


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