DeChristopher Trial

Tim DeChristopher's trial is being conducted this week. DeChristopher is the environmental activist who prevented oil and gas drilling on lands near Arches and Canyonlands National Parks by bidding on and winning $1.8 million dollars worth of leases on BLM land in 2008. Unfortunately he has been barred by Judge Dee Benson from discussing his motives during his trial. While this is not particularly surprising, it makes it highly likely that he will be convicted. The statutes under which he is being charged require a "knowing" or "intentional" standard and the court rejected his "necessity defense." In other words, it said that even if all the evidence he planned to present in court were believed, it would not meet the requirements to legally justify his actions as preventing a greater harm. In its order barring discussion of necessity, the court held that he could not establish that he was forced to choose the lesser of two evils, that he couldn't show enough of a connection between the leases and the threat of climate change, and that he had other legal alternatives.

At trial, however, his defense team managed to get an allusion to his motivations into the courtroom, though that line of questioning was quickly shut down and the court cleared. Despite being only a brief mention, and even if Judge Benson instructs the jury to disregard, the practical effect is that this idea is now in the minds of the jurors (if it wasn't there already). Whether that is a good or bad thing is certainly an open question (this is Utah we are talking about), but orders to disregard are generally meaningless since one cannot unhear testimony or actively purge ideas. "The jury shall not think of a pink elephant." His defense team's efforts to claim he didn't intend to disrupt the bidding process or knowingly misrepresent himself as a bidder in good faith are less persuasive. "Ignorance of the Law Is No Excuse" is something every first year law student is repeatedly told, and while it is often difficult to prove state of mind, the facts (signed document with explicit promises, clear course of action, no plan for payment, personal statements of intent) make the government's burden quite easy to meet.

His best shot at acquittal is through jury nullification: the jury deciding that even though the government has proved every element of the crime beyond a reasonable doubt it will not convict him because it feels he has done nothing wrong/is morally justified/otherwise excused. It is perfectly legal for juries to do this, though for obvious reasons the government is careful to keep it quiet and I am sure that in jury selection the prosecutors weeded out most of the environmentalists, outdoorsmen, and other likely sympathizers.

On an unrelated note: the Salt Lake Tribune's coverage has been, as one would expect, fairly biased against DeChristopher. Referring to him as an "admitted monkey-wrencher" and, pejoratively as a "'true believer' of the environmental movement." I suppose this is to be expected of a Utah paper.