Citizen Arrested for 'Trespassing' on Public Land to Appeal Court Decision | Headwaters

Big Bay citizen, Cynthia Pryor, was granted a 6-month delay of sentence for a trespassing conviction she received on June 15, after Marquette County Circuit Court Judge Roger Kangas through her defense out. Pryor was arrested on April 20 for allegedly “trespassing” on public state land, in northern Marquette County. Pryor was visiting Eagle Rock, site of Rio Tinto’s proposed Eagle Mine, when company security called local law enforcement and the Michigan State Police to arrest Pryor for refusing to leave.

Pryor’s lawyer, Kevin Cook, explained that, “Cynthia would be eligible for a delay as she has never been charged nor convicted of a crime in her life time of several decades…Cynthia’s crime wasn’t an offense against a person. It wasn’t an offense committed for personal gain. It wasn’t an offense typically seen as dishonest…she felt that Kennecott had not fulfilled its obligations and in hindsight your honor that is all together clear…that is what Cynthia believed and in fact Kennecott has shown not to have had EPA’s weighing in until after this whole trial was concluded and it was very public when it became known…”

Defending her decision to not leave Eagle Rock when told to by company security and law enforcement, Pryor explained, “I just want to make it clear that my stance that day on the Yellow Dog Plains had everything to do with my right to be on public land…I did not go there with any kind of intent—I follow the law of my life and I intend to do so in the future—it was my intent to simply exercise my public right on state land…”

Surprisingly, Judge Kangas also defended his actions and decisions:

“It has been suggested to me that even perhaps I could have dismissed this case, but I guess I need to make it clear that the issue or the question of dismissing the case doesn’t fall on me. I don’t have that discretion unless there’s no evidence to support it or somebody moves for a dismissal and there’s grounds upon which to dismiss it. And so just because I would agree or disagree with part of the decision it’s not my authority to dismiss cases. And with this delay of sentence ultimately it hinges on the prosecutor’s willingness after the delay period to ultimately dismiss the case.”

Kangas continued to explain the reasoning behind his recent decision to toss out Pryor’s defense that led to her trespassing conviction:

“…I guess in terms of, in general, of discussing the case…I don’t know Ms. Pryor if you knew you were on public land or not public land…I think by the time the trial was held, I think it was pretty clear that there was a lease that was involved in this area of property and that the lease gave control of the property to Kennecott. Now, whether or not they kept the public out or not I guess there’s some questions, but in my mind we are parties to a representative form of government being the State of Michigan. The State of Michigan has entered into a lease with Kennecott over this area of land, and I think it really has to be realistically the State of Michigan to first of all decide whether there’s been a breach on the part of Kennecott, whether they violated the terms, I think that’s their call on the first course.

And then on top of that, if there has been a breach, I think that the other parties being contracted and the state has to decide whether the breach is of significant substance that they really want to do anything about it, because often times in contracts minor breaches are just overlooked…they’re not of serious concern, and I have to say that I just don’t think it would be realistic for us to say that every member of the state is entitled to first of all decide whether there has been a breach, and that in their opinion they think there is and just take their own personal course of action. It’s getting pretty close to anarchy, so I have to say quite honestly I was a little disappointed at the suggestions that you have been denied justice at the trial in this matter…I don’t think it was a close call in terms of any evidentiary decisions…anyway I’m not going to carry on about that…I feel personally wounded…We must own up to recognizing there is a lease. We are apart of the government. The government is in charge of enforcing that lease and you can’t leave it up to every individual citizen to move independently in that regard. Now…having said that I will go along with the recommendations as set forth.”

In a statement Pryor explained:

“Our country was based on the premise of a peoples that stood up for what they believe in. They believed in free speech, freedom of action and all those other freedoms that are crafted within laws. From our earliest childhoods, we are taught to stand up for what we think is right. We are taught through our many wars, that we, as Americans, fight for the rights of people against tyranny of all sorts. We also are taught to obey our laws. My action that day on the Yellow Dog Plains was a direct action against one of the largest mining companies in the world—who took the law in their own hands. I was just one person who refused to leave a land that was mine by right of birth, citizenship and by law.

“While this is just a little misdemeanor of trespass—I believed then, and I believe now, that Kennecott acted without authority to remove me from state and public land. They did not have the authority or the right to use our legal and law enforcement system against me or the people of this community and this land. But they were allowed to. They knew then and we know now, that the state surface lease had not yet been in effect at the time of my arrest. The EPA had not yet made their “final decisions” regarding the need for a federal permit.

According to Rio Tinto’s surface lease with the state of Michigan, the company held no legal title to the property prior to the Environmental Protection Agency making a decision on whether Rio Tinto had to apply for a federal permit at the mine site:

“Prior to constructing the mining surface facility on the Premises, Lessee shall acquire all permits necessary for the implementation of this Lease…Pursuant to this requirement, any such permit must be final agency action by the permitting agency and Lessee must provide written certification to and receive written acknowledgement from the Lessor that all necessary permits have been obtained.”

According to Pryor, “Everyone in this country has a right to a fair trial that allows for reasonable defense. That defense was taken away from me in the Judge’ Kangas’ decision to not allow any conversation about the “reason” why I did not leave state land that day. We could not bring up the state lease and this clause in it. We could not discuss it in any way, but the prosecuting attorney could and did. Therefore, I shall appeal this decision and this sentence to a higher court.”