Tag Archives: Court

Judge Grants Release to Halfway House for Red Fawn Fallis

Bismarck Tribune, June 22, 2017

A federal judge has given Red Fawn Fallis permission to move from a jail in Rugby to a halfway house.

U.S. District Judge Daniel Hovland ordered on Tuesday that Fallis be released as soon as space is available at Centre Inc. in Fargo. Hovland had previously denied a similar request for Fallis, who is accused of shooting at police officers during a Dakota Access Pipeline protest on Oct. 27.

In his order, Hovland cited Fallis’ successful completion of a furlough to attend a memorial service in Colorado for her mother and the need for easier communication with her attorney, Bruce Ellison, of Rapid City, S.D.

U.S. Attorney David Hagler had opposed the request, saying she remained a danger to the community and a flight risk.

Fallis’ trial, which was scheduled for July 17, has been postponed to Dec. 5. Ellison asked for the continuance due to the amount of evidence and legal issues in the case. The government did not oppose this request.

Ellison has also requested to move the jury trial out of Bismarck to another jurisdiction. Ellison cited “the massive, pervasive and prejudicial pre-trial publicity that has attended the pipeline protests and, specifically, her arrest and prosecution.”

The government and judge have not yet responded to his request.


Judge Asks Army Corps to Revisit Environmental Analysis of Dakota Access Pipeline

Protesters march along the pipeline route during a protest against the Dakota Access pipeline near the Standing Rock Sioux reservation in St. Anthony, N.D., on Monday. (Stephanie Keith/Reuters)

  • Staff | Reuters – Wed Jun 14, 2017

A federal judge on Wednesday said the U.S. Army Corps of Engineers did not fully weigh the impacts of the Dakota Access pipeline and ordered it to reconsider sections of its environmental analysis.

U.S. District Judge James Boasberg in Washington said that while the Army Corps substantially complied with the National Environmental Policy Act, it did not adequately consider the impacts of a possible oil spill on the fishing and hunting rights of the Standing Rock Sioux tribe. The tribe had sued the Army Corps over its approval of the controversial Dakota Access Pipeline in North Dakota.

“To remedy those violations, the Corps will have to reconsider those sections of its environmental analysis upon remand by the Court,” the judge said in a court order.

Operations of Energy Transfer Partners LP’s pipeline have not been suspended but will be considered later, the order said.

(Reporting By Valerie Volcovici; Editing by Jonathan Oatis)


Woman Arrested in Muskrat Falls Protest Moved to Men’s Prison in St. John’s

Labrador’s Beatrice Hunter is now behind bars at the province’s largest male prison, days after the Labrador Land Protectors held a vigil outside of the RCMP’s Happy Valley-Goose Bay lockup. (Facebook and CBC)

Beatrice Hunter — an Inuit grandmother — has been transferred more than 1,000 kilometres from home

CBC Posted: Jun 02, 2017 

Beatrice Hunter, a Labrador woman sent to jail this week after she told the court she could not promise to obey an injunction against protesting at Muskrat Falls, is now behind bars at Her Majesty’s Penitentiary in St. John’s.

With no female correctional facility in Labrador, Hunter is just the latest woman to end up in the province’s largest male prison.

“Females are being held again at HMP because of crowding at the Clarenville (women’s) facility,” said Memorial University professor and sociologist Rose Ricciardelli on Friday.

“It’s definitely a problem. It’s very challenging. She’s clearly not in a good space, she’s probably not very comfortable where she is and she doesn’t have the supports that would be essential.”

Hunter was brought into custody on Monday morning during proceedings related to charges laid after a Muskrat Falls protest over the Victoria Day weekend.

Beatrice Hunter was taken into custody Monday, after she told the court she would not promise to stay away from the Muskrat Falls construction site. (Katie Breen/CBC)

Shouldn’t be incarcerated

Ricciardelli says Hunter shouldn’t have been incarcerated in the first place.

“There’s no need or reason that a non-violent individual would be held in a … place such as prison,” she told CBC’s Labrador Morning.

Though Hunter was given the option by a judge to avoid prison time if she agreed to stay away from Muskrat Falls, Ricciardelli says more alternatives should have been made available.

“Giving her this option of saying, ‘Can you adhere? Can you stay away from the land?‘ is not really presenting an alternative if she feels like her role is to be on the land,” she said.

“Her choices were very clear [and] she was very honest in her response.”

Being sent to prison far away from home also places an undue burden on families of inmates like Hunter, said Ricciardelli. Hunter lives in Happy Valley-Goose Bay, located in northern Labrador, more than 1,000 kilometres from St. John’s.

“There are no resources in places to have families go and visit loved ones who are incarcerated,” she said.

‘She’s in there with murderers’

A small group of supporters gathered outside HMP on Friday afternoon to protest Hunter’s incarceration.

“We would like to see her freed. It’s ridiculous,” said Jodi Greenleaves. “There was no violent crimes committed … they have her inside here in a men’s prison that’s over-populated and is in disgusting condition.”

“She’s in there with murderers and rapists and drug abusers — she’s an Inuit grandmother, a kind and gentle person. She’s not at risk to hurt anybody … she’s a political prisoner, is what she is.”

Jodi Greenleaves, originally of Cartwright, stands outside Her Majesty’s Penitentiary in St. John’s on Friday to protest Beatrice Hunter’s incarceration at the men’s prison. (Gary Locke/CBC)

Hunter, who went onto the main Muskrat Falls site last October, is expected to appear in provincial court Tuesday for a hearing.

With files from Labrador Morning and Gary Locke


Muskrat Falls Opponent in Custody, Protesters Block Court Vehicle

Beatrice Hunter, far left (wearing headband) is being held in custody. (Katie Breen/CBC)

Beatrice Hunter wouldn’t promise to obey court order and stay away from the site

By Katie Breen, CBC News Posted: May 29, 2017

A Muskrat Falls protester is being held in custody after refusing to tell a judge in Happy Valley-Goose Bay court that she’d stay away from the site — and a group called Labrador Land Protectors are protesting her detainment.

Beatrice Hunter was one of four people who appeared in court Monday afternoon for protesting at the project’s main gate on May 20 and 21.

The other three individuals were released after promising Justice George Murphy they would obey the existing court order. Hunter, however, said she couldn’t promise to stay away from the site, and Murphy ordered her to be held in custody.

As Hunter was being loaded in a police van Monday afternoon, members of a group called Labrador Land Protectors laid down in front of the vehicle. Hunter was then led back inside Supreme Court.

“That’s exactly what Nalcor is doing to us, they’re keeping us away,” said Erin Saunders, one of three who said she’d refrain from protesting.

“I guess I’m going to have to obey this because if I go back down there — or anyone else — the judge said, ‘Arrest them right on the spot,’ and he gave that order to the sheriff’s department.”

The RCMP advised the crowd outside the courthouse that if they continued to obstruct a police vehicle, protesters would be charged with obstruction.

Erin Saunders also appeared in court on Monday but was let out on the promise that she wouldn’t break the injunction or her undertaking again. (Katie Breen/CBC)

The group Labrador Land Protectors gathered at the main gate over the Victoria Day weekend in reaction to the flooding at Mud Lake.

The lawyer for Nalcor said the Crown corporation identified 10 people who broke the order, but that the four in court Monday were “repeat offenders.”

The lawyer said Nalcor would be pursuing contempt of court proceedings against the rest of the group, as well as five people who walked onto the North Spur site prior to the May 20 and 21 protest.

The undertaking that Hunter and the other protesters signed states that they will stay at least one kilometre away from any Muskrat site.

The three people who agreed to uphold the existing injunction are due back in court next Monday.


Man Who Threatened Dakota Access Protesters Pleads Guilty, Avoids Jail Time

Jesse D. McLain

A Bismarck man shown in a viral video wearing a mask and threatening Dakota Access Pipeline protesters has pleaded guilty and will avoid jail time.

Jesse Dean McLain signed a plea agreement downgrading two Class C felony charges of terrorizing to two Class A misdemeanor counts of menacing. The charges stem from an early December confrontation with Dakota Access protesters at the Ramada Inn in Bismarck, where Dean Dedman Jr. recorded a live Facebook video of masked men threatening him and other hotel guests.

The video shows vehicles preventing Dedman and his driver from leaving, with the masked men saying they would sexually assault the victims’ wives and “f— you up.”

McLain was arrested shortly after the incident. He faced five years in prison and a $10,000 fine for each charge, but his plea deal filed in Burleigh County District Court said a one-year jail sentence would be suspended, meaning he doesn’t have to serve time if he completes a year of probation and goes through anger management.