With case overload, court gets scrutiny

READING--Following the controversy surrounding the recent string of Crestwood trespass cases, the town of Reading court has faced criticism from opponents of gas storage regarding the treatment of defendants. This comes in the wake of a series of arrests amounting to 170 Crestwood protesters -- under the moniker of "We Are Seneca Lake" -- since October, 2014. With some cases seeing jail time and the courtroom being closed off to the general public, questions have risen regarding the conduct of the court.

Those arrested were charged with trespassing while blockading the two gates leading into the Crestwood compressor station along Route 14. Those charged have been sent through the Reading town court and have had their cases heard by Reading Town Justice Raymond Berry. Justice John Norman has recused himself from hearing these cases because he works for U.S. Salt. (U.S. Salt is owned by Crestwood.)
However, the proceedings have not gone without controversy, as some of the protesters have refused to pay their fines and have served jail time as a result. Opponents of Berry claim he is harsh in his sentencing.
"Berry's harsh and arbitrary sentencing has left lawyers and court observers wondering..." said Paul Passavant, professor of political science at Hobart and William Smith Colleges. Passavant was one of the protestors who has been arrested from a Crestwood protest. "Arrestees have been charged with trespass violations. Such violations -- they are not crimes and are essentially the equivalent of a parking or speeding ticket -- are punishable by fines of up to $250 or, if the defendant is unable or unwilling to pay the fine, a jail sentence of up to 15 days. Normally, it is exceedingly rare for anyone to be sentenced to jail for a violation."
Passavant claims Berry has been "arbitrarily handing down maximum sentences," adding those who come to support the defendants have been turned away at the courthouse door. He said the parking was also suspended on the road outside the courthouse under a temporary order from the sheriff's office, while an adjacent public parking lot has been closed. Passavant claims these actions "violated constitutional rights."
Berry did not wish to comment when contacted.
Project Manager and Process Engineer with U.S. Salt David Crea said it is ultimately up to the discretion of a judge to determine what punishment for a violation is appropriate under the law. While Crea said he is not a spokesman for U.S. Salt -- instead speaking as a vocal citizen -- he said people are "fed up with the whole thing" with the amount of people appearing at the town hall in support of the defendants.
"It is almost a circus atmosphere they have brought to the town hall," Crea said.
Crea also added that many of those arrested are from outside of the county, with those arrested within the county being focused in the Hector and Burdett areas.