Controversial Coal Plant Protesters Apologize, Agree To Plea

WISE, Va. – Nine of the 11 protesters who blocked an entrance to the site of a coal-fired power plant being built in Wise County told a judge Friday that while illegal, their actions were necessary.

“The mining of coal and its use in coal-fired power plants is not the answer to the energy issues facing people in Virginia or anywhere else,” said Kathryn Hilton, a 20-year-old protester from Aiken, S.C. “There are proven facts on the negative impacts from coal-fired power plants. From the mountaintop removal that occurs during excavation to the excess in mercury the plant releases during operation, coal is not an energy source that needs continuing.”

The controversial plant is being built by Dominion Virginia Power.

Protester Robin Markle, 22, of High Falls, N.Y., said “Dominion’s actions are reprehensible, and I expect them to take responsibility for their actions as I take responsibility for my own.

“I went ahead with my actions knowing they were illegal because I am afraid for the future of our world,” Markle said. “I feel that I would be acting in a far more morally reprehensible manner were I not to take a stand at this time.”

Hilton, Markle and the other protesters also apologized Friday for the disruption and time it cost emergency workers to remove them from the steel drums they used to block the construction site entrance to the Virginia City Hybrid Energy Center on Sept. 15.

“We realize that in responding to our actions, the police and emergency services focused their attention on us, distracting them from the very important jobs they do. For this we apologize,” Hannah Morgan, 20, of Appalachia, Va., said. “While I understand my actions do not come without consequences, I maintain my stance that this was a necessary action I took in defense of our land, our people and our future.”

The nine pleaded guilty to criminal charges of trespass and participation in an unlawful assembly. Each was ordered to pay a $200 fine plus $200 restitution to the Wise County Sheriff’s Office and perform 25 hours of community service. Each also received a 30-day suspended jail sentence and one year of probation, which will be supervised only until the money is paid and community service completed.

After the hearing, the protesters received letters from Dominion notifying them that they are forever barred from stepping foot on the company’s property.

“I hate that they now are criminals, with a criminal record, I hate it, but that’s what the punishment was, and that’s proper,” Deputy Commonwealth’s Attorney Michael Abbott said. “I understand protests, but legal protests. Back in my day in the ‘60s, when they asked, ‘What are you protesting?’ we said, ‘What have you got?’ ”

The two protesters who were not present Friday due to employment obligations, are likely to agree to a similar plea, both their attorney, Chris Johnson, and Abbott said. The two are Cesar Maxit, 32, of Washington, D.C., and Kathleen Rooth, 24, of Asheville, N.C. Their cases were continued to Oct. 29.

Dan Genest, spokesman for Dominion, said Friday that his company respects peaceful protest.

“However, we do not condone illegal acts such as the blocking of roads that prevent our employees from coming to work,” Genest said.

In the letter the company gave to the protesters, Dominion Security Manager Dan Jenkins wrote that: “Dominion respects your right to lawfully protest. Our employees and contractors also have the right to come to work without intimidation or any type of interference. If properly exercised, these rights do not conflict. Your unlawful conduct makes it clear to me that you do not share our commitment of mutual respect.”

The protesters, in their statements to the court, also encouraged Wise County to invest in renewable energy.

“The people of Wise County deserve clean water, the mountains they love and clean air to breathe,” said Kate Lally, 20, a protester from Baltimore, Md. “Investing in renewable energy would provide jobs and increase opportunities for a brighter Appalachia.”

In a written statement, Johnson, the attorney, said: “This case was about corporate greed versus people who care about others.

“The human race is heading towards an avoidable global catastrophe, and my clients did what they did in an effort for us to change course,” Johnson said in the statement. “Regardless of what some may think about global warming or what its causes are, that my clients were willing to stand up for their convictions is commendable. ... It has been an honor for me to be on the side of people who wish to leave our children and grandchildren a world that is still habitable.”

The other protesters who pleaded guilty Friday were Scott Cardiff, 31, of Washington, D.C.; Sally Morgan, 21, of Blacksburg, Va.; Andrew Thomaides, 24, of Washington, D.C.; Jasper Conner, 21, of Roanoke, Va., and Bill Gorz, 47, of Hot Springs, N.C.

More than a dozen supporters of the protesters were in the courtroom Friday. After the hearing, they said the criminal convictions will not deter the protests. Mary Bingman and Diana Withen, both of Wise, said they will be out near the plant site regularly, bearing signs advertising their cause.

“We can’t be on the property, but we’re going to be there just to show people we’re there,” Whiten said.

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