The insanity continues.
Via Boston Herald
Two activists who used an old lobster boat to block a coal shipment to New England’s largest coal-burning power plant — and planned to use a necessity defense at trial — scored a favorable plea deal by the Bristol County District Attorney’s office, which acknowledged “climate change is one of the gravest crises our planet has ever faced.”
Jay O’Hara and Ken Ward were ready to stand trial today at Fall River District Court and planned to argue that blocking the coal shipment to the Brayton Point Power Station was necessary to help slow climate change. They were charged with disturbing the peace, conspiracy, failure to act to avoid a collision and negligent operation of a motor vessel for the May 2013 incident.
The defendants planned to use the necessity defense — considered a novel tactic in such a case — which, according to the Supreme Judicial Court, would have required them to prove that they acted to prevent a significant risk of harm, there was no lawful means that could have been used otherwise and the harm avoided was greater than what was caused by breaking the law.
Bristol County District Attorney Sam Sutter agreed to drop the conspiracy charge and reduce the other charges to civil infractions, according to spokesman Gregg Miliote. O’Hara and Ward will pay $2,000 each in restitution to Somerset — the home base to the coal plant.
“Climate change is one of the gravest crisis our planet has ever faces. In my humble opinion, the political leadership on this issue has been sorely lacking,” Sutter told reporters, according to a transcript provided by his office. “I am heartened that we were able to forge an agreement that both parties were pleased with and that appeared to satisfy the police and those here in sympathy with the individuals who were charged.”