Tracker Pixel for Entry

First anti-DAPL activists sentenced to jail

News | October 20th, 2017

Activists calling for prayer form human chain to prevent others from marching on law enforcement - photo by C.S. HagenMANDAN – Hundreds of trials for activists who stood against the Dakota Access Pipeline have seen the judge’s gavel, but only two, so far, received jail time.

Mary Redway, 64, a retired environmental biologist from Rhode Island, and Alexander Simon, 27, a teacher living in New Mexico, both were found guilty and sentenced Thursday to jail by Southeast District Court Judge Thomas Merrick. Both activists, known as water protectors, were arrested on October 22, 2016 along with 140 others, most of whom had their charges dismissed.

Despite the North Dakota State’s Attorney’s lack of a recommendation for jail time, Merrick sentenced Simon to 18 days in jail and Redway to a total of six days, with two already served.

“There is no logic or consistency to the different outcomes people received on these same charges,” a Water Protector Legal Collective press release stated. “Judge Merrick’s decision to sentence them to jail demonstrates disparate treatment.”

The Water Protector Legal Collective is an indigenous-led, on-the-ground legal team defending activists arrested during the months-long Dakota Access Pipeline controversy. It is currently fighting up to 427 criminal cases in North Dakota, according to the legal team’s website.

Merrick reportedly signed the petition trying to change the law temporarily allowing out-of-state attorneys to represent activists facing charges during the Dakota Access Pipeline controversy, the Water Protector Legal Collective reported.

“That effort failed,” the Water Protector Legal Collective press release stated.

The North Dakota Supreme Court Clerk’s office reported 536 comments on the judges’ petition to change the current law. The North Dakota Supreme Court upheld their January ruling granting permission for out-of-state lawyers to continue defending those arrested during the controversy. “We conclude termination of our prior order would be premature,” Supreme Court judges said.

During the public comment period, many asked the state a question: why is it permissible to accept out-of-state checks from Dakota Access, LLC, but not allow out-of-state lawyers to defend people not from North Dakota?

Dakota Access, LLC recently gifted $15 million to the state via the Bank of North Dakota, and sent Energy Transfer Partners teams to first responders in North Dakota, Iowa, and Illinois, with additional checks, totalling $1 million.

The financial gifts have been called bribes by opponents of the pipeline, and the act of a “good neighbor” by those supporting the pipeline.

The Water Protector Legal Collective says the denial of the motion to allow out-of-state lawyers is part of the reason two activists received jail time days after the Supreme Court made its ruling.

“We see this decision as his attempt to send a message that people will face harsh sentences regardless of innocence or guilt as a means to put pressure on others with pending charges to take pleas or forgo trial. The prosecutorial discretion and conviction of some and not others has been arbitrary and targets what police and state’s attorneys call agitators.”

New Mexico teacher Simon was charged and found guilty of misdemeanor charges of physical obstruction of government function and disorderly conduct, and was acquitted of disobedience of safety orders during a riot, according to court records. Rhode Island biologist Redway was found guilty of disorderly conduct, acquitted for disobedience of safety orders during a riot, and found not guilty of physical obstruction of a government function, according to court records.

Merrick is the judge that dismissed charges against The Guardian photojournalist Sara Lafleur-Vetter earlier in October. He was scheduled to retire at the end of 2016, according to news reports.

Hundreds of cases still remain to be tried. Officially, 761 people were arrested during the months-long opposition to the 1,172-mile Dakota Access Pipeline, and in July, 114 cases were dismissed by the state. Eleven people received guilty verdicts; 50 pleaded guilty – primarily on lesser charges -- and three have been acquitted. A total of 854 people were arrested, according to the Water Protector Legal Collective.

[ Editor’s note: This is a continuing story and will be updated with new information

Recently in:

By Alicia Underlee NelsonLocal groups will speak out against current and projected federal budget cuts in downtown Fargo this Saturday, April 26. The Red River Valley chapters of Fearless and Indivisible will lead a protest from…

By Prairie Rose Seminolems.prairierose@gmail.com I was a child who walked behind my parents into classrooms and kitchens, spaces of song and prayer, where teachings lived in the air and settled on my shoulders. I didn’t yet have…

Saturday, April 26, 1:30-3:30 p.m.Rourke Art Gallery + Museum, 521 Main Ave., MoorheadThings are coming up rosy at the Rourke in a true feast of the senses during the third annual “Gallery in Bloom” exhibit. The pop-up…

By Sabrina Hornungsabrina@hpr1.com I feel like reading a newspaper is the equivalent of listening to music on vinyl. Not only is it analog, it’s an experience. I might be a little biased, but there's something about the rustling…

By Ed Raymondfargogadly@gmail.comThe wizards and kleagles in whites now wear blue suits and red tiesA hundred years ago, more than 30,000 members of the Ku Klux Klan from virtually every state in the Union wearing their white…

By Rick Gionrickgion@gmail.com Holiday wine shopping shouldn’t have to be complicated. But unfortunately it can cause unneeded anxiety due to an overabundance of choices. Don’t fret my friends, we once again have you covered…

By Rick Gionrickgion@gmail.com After a very inspiring conversation with Kayla Houchin of Sonder Bakehouse a few weeks ago, I decided that it’s an appropriate time to write a column about some of the sweet people who are involved…

Mooncats and Pert Near Sandstone play Empire TheatreBy Sabrina Hornungsabrina@hpr1.comThe MoonCats describe themselves as “Americonscious Campfire Folk.” They have a clear acoustic folk sound with a sense of whimsy — think…

By Greg Carlsongregcarlson1@gmail.comRyan Coogler goes big and bold with “Sinners,” a sweaty, bloody vampire movie set in 1932. The filmmaker stuffs this universe with enough ideas to serve a limited-series season of episodic…

By Raul Gomez Modern Man was a gentle soul. If you were down or just wanted a friend, he’d be there for you. I remember the first day I met Modern Man. It was Jeremiah Fuglseth and me. He wanted to write about this legendary…

By John Showalterjohn.d.showalter@gmail.comHigh Plains Reader had the opportunity to interview two mysterious new game show hosts named Milt and Bradley Barker about an upcoming event they will be putting on at Brewhalla. What…

By Annie Prafckeannieprafcke@gmail.com AUSTIN, Texas – As a Chinese-American, connecting to my culture through food is essential, and no dish brings me back to my mother’s kitchen quite like hotdish. Yes, you heard me right –…

By Sabrina Hornungsabrina@hpr1.comNew Jamestown Brewery Serves up Local FlavorThere’s something delicious brewing out here on the prairie and it just so happens to be the newest brewery west of the Red River and east of the…

By Josette Ciceronunapologeticallyanxiousme@gmail.com What does it mean to truly live in a community —or should I say, among community? It’s a question I have been wrestling with since I moved to Fargo-Moorhead in February 2022.…

By Alicia Underlee NelsonProtests against President Trump’s policies and the cuts made by Elon Musk’s Department of Government Efficiency (DOGE) are planned across North Dakota and western Minnesota Friday, April 4 and…

By Faye Seidlerfayeseidler@gmail.com In 2023, the Superintendent of Fargo Public Schools, Rupak Ghandi, gave a passionate plea to the Fargo School Board to follow federal law, because a recently passed state law would increase…