For Wide Distribution
Menominee Nation Condemns Violation of Peaceful Protesters' Civil Rights
(Keshena, WI) Upon hearing about the arrests yesterday of peaceful
demonstrators who participated in protesting Exxon's proposed Wolf
River mine in Crandon, Wisconsin, Apesanahkwat, Chairman of the
Menominee Nation stated, "Although I believe this is an isolated
incident, I hope this is not the calm before the storm."
According to information received from Representative Robert Lorge,
Forest County law enforcement officials arrested 30-60 people
yesterday. Representative Lorge stated the charges of unlawful assembly
by the protesters met only one of the four required tests for the
unlawful assembly charges to be correctly applied (see enclosed
statement by Lorge).
The protesters were held on $250 bond, not released immediately as
is the normal legal procedure in non-violent charges. No magistrate was
present so those arrested could make an initial appearance/plea and be
released. The prisoners are being held in six county jails: Forest,
Langlade, Lincoln, Oneida, Wood, and Vilas Counties.
Outraged by the apparent violation of the protesters' civil rights,
Ken Fish, Director of the Menominee Nation Treaty Rights & Mining
Impacts office stated, "Thanks to Exxon, are the days of Freedom of
Speech and the Right to Assemble over in Wisconsin? For five centuries
Native Americans have been looked upon as second-class citizens. Now,
it looks like anyone who works for peace or the environment is going to
get the same treatment. Is Exxon's money and power destroying democracy
in Wisconsin?"
Fish stated that given the poor and inadequate quality of data
submitted in the EIR by Exxon/Rio Algom's Crandon Mining Company to
date, and the review by Wisconsin's DNR, if a decision was made today
regarding the approval or disaproval of CMC's permit application,
Exxon's proposed Wolf River mine would be denied. "It is beyond a
shadow of a doubt this mine would be denied. Exxon's currrent permit
application has been active for three years. Originally the Final
Environmental Impact Statement was due by the end of this year. Now
it's been extended until 1999."
Fish is highly critical of a DNR he sees as being highly politicized
and is frustrated by continual delays in the permitting process due to
Exxon's inability to produce factual data proving the company can mine
safely without contaminating the Wolf River. "Secretary George Meyer
and the DNR are acting as cheerleaders for Exxon. Every delay they get
means their Department continues to get indirect funding from Exxon.
Now because the Master Hearing date has been pushed back to 1999, the
state's Department of Natural Resources can look forward to two more
years of indirect funding from Exxon."
"Despite the fact that Exxon has been trying for twenty years to get
their mine permitted without producing any scientifically valid proof
they can do it safely, the DNR allows the permit process to go on,"
stated Fish. "Enough is enough. As Secretary Meyer's direct supervisor,
the Governor has to intervene to stop this insanity. But will he, given
the Governor's track record which includes the appointment of a former
Exxon lobbyist to be his first Administrative Secretary, prior to the
current Secretary Mark Bugher? Will a Governor who came into office in
1987 pledging his support for mining, and who supported the progressive
weakening of Wisconsin's formerly strong laws regulating mining, be
willing to take effective action to protect the Wolf River?"
Menominee Chairman Apesanahkwat criticized the double standard
applied by officials to the demonstators, "Vernon Kincaid, the Mayor of
Crandon was quoted as criticizing yesterday's demonstration because the
protesters were from out of state. But Crandon Mining Company is a
wholly owned subsidiary of Exxon, which is from Texas, and Rio Algom
which is a Canadian company.
"The people who were arrested in North Wisconsin yesterday came from
hundreds and thousands of miles to help the people of Wisconsin fight
to protect the Wolf River, an Outstanding Resource Water and the fifth
most endangered river in North America. Those people were arrested
because they were singing? What's next, tear gas and billy clubs for
wearing the wrong t-shirt?" Apesanahkwat asked. "When law enforcement
officials feel they have the right to violate the U.S. and Wisconsin
Constitutions in support of multinational mining companies, things have
just gone too far. It is time that the people of the Menominee Nation
and Wisconsin citizens are freed from Exxon's siege on our environment
and our civil rights."
-- end --
PEACEFUL PROTESTERS JAILED AT EXXON CRANDON MINE
Date: Mon, 07 Jul 1997 23:01:22 -0500
From: "Attorney Robert G. Lorge" <lorge@lawfirm.net>
Organization: Lorge & Lorge Law Firm 608-244-0608
Our telephone has been ringing off the hook today, as 30-60 estimated
arrests have been made and are being made
up in North-Northeast Wisconsin's Forest County by peaceful
protesters, who were not given the opportunity to disperse by law
enforcement agencies ordering them to disperse what was a peaceful
protest protected under the Free Speech constitutional protections
guaranteed under the First Amendment of the United States, as well as
Wisconsin State Constitutions. of the United States, as well as
Wisconsin State Constitutions.
They were or are apparently being charged with unlawful assembly, in
violation of section 947.06 Wisconsin Statutes, which statute sections
the arresting law enforcement officials were not aware of, which led
many callers to question were the arrest orders were coming from. This
unlawful assembly (s. 947.06) requires Four tests be proven:
1st: That there is reasonable belief that damage or injury to person
or property will be caused;
2nd: That the protesters are blocking or obstructing either
thouroughfares (roads/sidewalks etc) or exits and entrances to private
or public property; AND
3rd: That they were ordered to disperse, AND
4th: That they failed to disperse. As we have been informed, only
the third test (3) was met.
These peaceful demonstrators are in need of legal representation.
They are being held on $250.00 bond, not being released immediately on
a personal signature bond, as is the normal legal procedure in
non-violent charges. There has been no magistrate present to bring
them before so that they can make an initial appearance/plea and be
released on signature bond. Apparently Judge R. Kenndy Sr., or Court
Commissioners Leon Stenz and Wayne Vantassel were not available to
process these citizens, and get them released today, so that they could
return home and to their normal week day jobs tommorrow.
The Forest County jail apparently only holds 15 prisoners, so more
serious criminals were released or removed or moved from the jail or
make room for these peaceful protestors. In addition, they have been
sent to five surrounding county jails, by surrounding, you must realize
that northern Wisconsin is a big place, so these people are being
carted around like war refugees, and are being held overnight in county
jails, including Langlade County (Antigo), Forest County (Crandon),
Lincoln County (Merrill near Wausau), Oneida County (Rhinelander), and
Wood County (Wisconsin Rapids). They are there because they are
rightly concerned that the Crandon Mine/Exxon iron/zinc sulfide mine
will pollute the wolf river basin, which dumps into the Wisconsin
River, Lake Winnebago, The Fox River, and into Green bay and Lake
Michigan, forever poisoning Wisconsin main fresh water rivers and
environment, because the now politcally appointed Department of Natrual
Resources DNR has given a green light to the mining plan.
These peaceful protestors, which includes republicans, democrats
and independent citizens from all over Wisconsin are supposed to be
brought before the Court at least by tommorrow morning. They are being
told by various attorneys to plead not guilty and to request release
under signature bonds, rather than needing post a cash bond of
$250.00. It would be proper, and constitutional admirable if the
Forest County District Attorneys' office used their inherent right of
Prosecutorial Discretion and dismissed the charges or refused to
prosecute these political prisoners.
Also, under Wisconsin's rules of Criminal and Civil Procedure,
attorneys interested in assisting these defendants tommorrow morning
Tuesday, July 8, 1997 sometime between 8:00 and 11:00 a.m. ARE ALLOWED
TO APPEAR
ON THEIR BEHALF BY TELEPHONE pursuant to Secion 807.13 Wisconsin
Statutes, which does provide broad enough applicability for appearances
by attorneys at this stage of the proceeding by telephone, for oral
arguements and conferences and the like.
The Address of the Forest County Courthouse is:
Honorable Robert A. Kennedy, Sr.
Circuit Court Judge, Branch I, Presiding
c/o Clerk of Circuit Courts
FOREST COUNTY COURTHOUSE
200 EAST MADISON STREET
CRANDON, WISCONSIN 54520
TELEPHONE: 715-478-2329
OR FAX: 715-478-2430
Request more information on Ben Manski,
Mark Olsen, Judy Gump, Susan Sierra, and any other persons
who may be present.
These peaceful protestors need your help, they are employed,
Ask your local attorneys to help them out.
Wisconsin's Environmental Decade wrote:
> In case any of y'all were wondering why wisc-eco has been so slow
> lately, we just got word here at the Environmental Decade from
> Ben Manski that approximately 40 people from the Earth First!
> rendevous were arrested today during some kind of folk-singing rally
> in front of the Crandon Mining Company office, in Rhinelander or
> Crandon. Facts are scanty, but we understand that Ben is in the
> Forest County Jail (so it was probably Crandon), and that the
> Decade's Susan Franz was not among those arrested. Apparently the
> arrests happened before anyone could chain themselves to anything.
> You can contact Ben at the Forest County Jail. This is all we know
> at the Decade. If we hear more of interest we will pass it on,
> though no doubt it will be all over the news soon enough.
>
> Alex Turner
> --
> Wisconsin's Environmental Decade
> 122 State St., Suite 200, Madison, WI 53703
> decade@itis.com, ph: 608-251-7020, FAX 608-251-1655
> http://execpc.com/~wsn
ROBERT G. LORGE
LORGE & LORGE LAW FIRM
POST OFFICE BOX 14704
MADISON WISCONSIN 53714-0704
TELEPHONE OR FAX: 608-244-0608
http://www.lawfirm.net/
lorge@lawfirm.net