On Thursday, December 13, the Kootenai County Court in Coeur d’Alene, Idaho, heard a six-hour, well-argued jury trial that appealed to the public, rather than the government, to defend the civil liberties of a citizen monitoring an Alberta tar sands megaload on Highway 95. Idaho State Police Corporal Ron Sutton accused co-activists Cici Claar and Helen Yost of not wearing safety restraints in a parked vehicle, arrested them for resisting/obstructing an officer, and imposed an inexplicable night in the county jail, when they refused to identify themselves amongst the ExxonMobil police state on Highway 95 on August 26-27, 2011. WIRT’s day in court started at 8:30 am with jury selection from about 30 gathered citizens, as Helen and her defending Moscow lawyer Ben Onosko weighed the odds stacked against them but hoped that a jury could empathize with the shock of sudden imprisonment for no significant reason. Ben worked diligently throughout the trial to help the jury appreciate the precedents for civil liberties violations that they would set by siding with Corporal Sutton, who searched, seized, and jailed vehicle passengers without just cause.
Early in the trial, the prosecutor convinced Magistrate Judge Robert Caldwell to dismiss the evidence and results of the previous seat belt infraction trial and three pre-trial hearings on motions to suppress charges and a motion for reconsideration. Representing the State of Idaho, the prosecutor presented her simple but assertive case that the defendant contested the infraction and ID request at roadside rather than in court. The defense described Helen’s extensive academic and activist background and asserted that Idaho state police targeted the monitoring vehicle and its occupants for protest repression. Although Helen never uttered a word in this court until trial conclusion, Corporal Sutton took the witness stand and noted his officer certifications before he described the place of the disputed incident and his approach of the driver Sharon Cousins’ vehicle and requests of driver and passenger IDs. After commenting on the seatbelt-less state of the back seat passengers Cici and Helen, he explained the reasons for his ID requests and how Ms. Yost denied and debated them. Continue reading →
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Wild Idaho Rising Tide 