But as inspiring as the WASL protests have been, the legal system in the Town of Reading has been less so as it has made a mockery of both law and justice. Those attending court appearances of the arrested have been shocked by the lawlessness of the proceedings. One town justice, John Norman, recused himself because of his employment by Crestwood. The other, Raymond Berry, has steadfastly refused requests for his recusal due to his comments from the bench taking issue with the protesters, and the impression that he takes his orders from the District Attorney’s Office, looking to representatives from that office to guide his decision making when court is in session.
Berry’s harsh and arbitrary sentencing has left lawyers and court observers wondering if he is unfamiliar with New York’s sentencing law or if he is merely zealous in his defense of the Crestwood corporation. 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. But normal is not a word to be used in connection with Berry’s court, as he arbitrarily hands down maximum jail sentences for routine violations.
Court proceedings on the evening of Wednesday, December 17 were a morass of lawless confusion. Friends accompanying Laura Salamendra to her second appearance were turned away at the courthouse door by a deputy from the Schuyler County Sheriff’s Office at 5:00pm. Officer Kirk Smith stated he was under orders from the Sheriff to close the court to the public. He remained immune to arguments that closing the court’s proceedings to the public violated constitutional rights, saying that he was following the orders of the Sheriff. (In an apparent effort to deter attendance of court proceedings, parking was also suspended on the road outside the courthouse under a temporary order from the Sheriff’s Office and an adjacent public parking lot has been closed, forcing those who wished to attend court proceedings to walk about a third of a mile after parking their cars.) Only Salamendra and Attorney Sujata Gibson were allowed in. A phone call to Schuyler County Judge Dennis Morris requesting that he order Town Justice Berry to open his court to the public went unanswered and unreturned.
When Salamendra and Gibson entered the courtroom, they interrupted what appeared to be Assistant District Attorney (ADA), John Tunney, in a closed, one-sided ex parte conversation with Judge Berry over how to deal with Crestwood arrestees like Salamendra, and how to deal with Attorney Gibson, who has been acting as a legal adviser to some of the protesters. Gibson overheard Tunney instructing the judge “to make sure she [Gibson] doesn’t talk for the defendants,” and to “get it in writing” if she represents anyone. Gibson immediately objected, arguing, “This sounds like ex parte arguments.” “If he [ADA Tunney] has an argument, he should make it in open court. This is illegal.” According to Gibson, Tunney’s response was to laugh at her.
Attorney Gibson then objected to the closed court. Judge Berry said he had no choice in the matter. She responded, “If you’re being told [to close the court], that’s inappropriate and you should recuse yourself.” Salamendra then insisted that she was entitled to have her supporters with her. ADA Tunney responded, “she can have one [support person],” and pointed to the Sheriff’s deputies, telling them that she could have one support person with her. Salamendra then left to get the one support person she was being allowed, but the police would not let her out of the courtroom, wanting her to give them the person’s name so they could bring the person into the courtroom. “Why can’t I go?” she asked the of
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