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Iowa court allows climate change as a defense to trespassing crime

BOONE, IOWA – In a criminal case on held this week in Boone county, Iowa, Judicial Magistrate Daniel Gonnerman allowed the defense to argue that Climate Change is justification for Criminal Trespass.

According to the Boone County Attorney’s Office, the case stems from an organized protest at the Farm Progress Show and Precision Pipeline staging area that took place on August 31, 2016. On that day, Kriss Wells, 65, of Le Claire, Iowa, was arrested along with 29 other protestors for blocking traffic leading into the Precision Pipeline staging area. Kriss Wells was arrested for trespassing, a simple misdemeanor with a maximum penalty of 30 days in county jail.

A jury trial was held in the Boone County Courthouse starting on June 6, 2017. According to testimony, Kriss Wells was part of a group of over 80 protestors who originally met in Pilot Mound. The purpose of the protest was to show their dissatisfaction for the pipeline construction. Law enforcement and the Farm Progress Show provided an area at the Farm Progress Show for the demonstrators to protest that would have insured the safety of the demonstrators in the high vehicular traffic area. The demonstrators along with Kriss Wells left this area and walked about one half mile to property being leased by Precision Pipeline. Precision Pipeline was the company tasked with building the Bakken Pipeline. The demonstrators proceeded to enter the driveways of Precision Pipeline not allowing the company’s vehicles to move in and out of their property. This caused traffic to pile up and authorities worried about the safety of the demonstrators and workers in the area. Representatives from Precision Pipeline, Iowa State Patrol, and Boone County Sheriff’s Office told the crowd over seven times that they are trespassing and are risking arrest. The majority of the demonstrators complied, except 30 of the demonstrators remained in the driveway blocking traffic and were subsequently arrested. Kriss Wells was one of those who remained and were arrested. The demonstrators made plans to have some of the demonstrators arrested to increase the message.

Over objections by the State, the Magistrate presiding over the trial allowed Kriss Wells to argue climate change as a defense for his actions. Because of this defense he was allowed by the court to talk about climate change and have a professor from Drake University speak about climate change. The defense was able to argue that climate change is such a concern that it allows Kriss Wells to trespass on another’s property.

The jury did not find that climate change was an adequate defense and found Kriss Wells guilty of trespass in about twenty minutes. Judicial Magistrate Daniel Gonnerman went to immediate sentencing and fined Kriss Wells $65 plus surcharge and court costs.

The State of Iowa was represented by Assistant Boone County Attorney, Matt Speers. Kriss Wells was defended by an attorney from Minnesota with Iowa Counsel. The case was investigated by the Boone County Sheriff’s Office and the Iowa State Patrol.

Kriss Wells

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These large companies own our elected officials – dnr epa -iowa dot.

I admire their fortitude and concerns for human well beings – but Trump told you it’s a hokey pokey deal dreamed up by the democrats and New World Order that want your taxpayer money for a snake oil fraud scheme.

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