A Voice from the Eastern Door
A Voice from the Eastern Door
Massena court: Larry Thompson and Gabe Oakes address supporters from the Massena Town Hall steps after having been arraigned on charges stemming from a land claim demonstration on Barnhart Island in May.
So many supporters showed up for the eight people that many of them were not admitted inside the Massena Town Courtroom. There were two lines the length of the hallway and a third that snaked down an adjoining stairwell.
By Andy Gardner.
AKWESASNE – The eight people arrested during a May 21 land claim demonstration on Barnhart Island believed they were appearing in court to be arraigned on charges leveled against them that day, but instead had their individual cases adjourned until various dates in June, July and August.
They were all arrested that day after the New York Power Authority made a complaint to New York State Police. They were all charged with trespass, which is a violation and not a crime, and fifth-degree conspiracy, which is a misdemeanor criminal charge.
The eight who were charged with trespass and fifth-degree conspiracy were Kimberly A. Terrance, 41; Marina Johnson-Zafiris, 25; Isaac N. White, 42; Gabriel J. Oakes, 58; Dana L. Thompson, 67; Brent Maracle, 48; Donald Delormier, 35, who was also charged with resisting arrest; and Larry V. Thompson, 69, who was also charged with second-degree criminal mischief.
Massena Town Justice Joseph Brown told each one that the court did not have the proper paperwork in hand to move forward with arraignments. Thompson was ordered to reappear on Aug. 27. Delormier, Oakes and Maracle are scheduled to come back on July 9, Johnson-Zafiris on June 25, Terrance on July 23 and White on Aug. 13. White is a reporter for Indian Time who was there on May 21 covering the event.
Thompson read a lengthy statement to the justice where he presented a legal argument that the court does not have the authority to prosecute him.
The courtroom was packed to capacity, with about 70 to 80 people outside in the hallways who all wanted to show support for the common cause.
"That land is Onkwehonweh land," said Skahentati, one of the dozens who weren't able to make it inside of the courtroom. "They don't have a title to it. We're here exercising out rights, our freedoms."
Following the consecutive appearances, there was a brief gathering in front of the courthouse to show support for the group. Many passersby honked their horns and gave the raised fist in gestures of solidarity. Three people from the Anishinaabe nation came from the Toronto area to Massena to show support for the Barnhart eight and spoke from the steps alongside Thompson and Oakes.
In 2022, a judge ruled New York State had taken thousands of acres of Mohawk land illegally in the early 1800s. Since then, Albany has been negotiating with the U.S., Canadian, and traditional Mohawk councils to seek a final settlement.
The federal government also sold large swathes of the reservation without congressional approval, in violation of the Indian Non-Intercourse Act of 1796. It stands as the American law today. It says Native land cannot be sold without an affirmative vote of Congress.
The demonstration on Barnhart was held in opposition to any settlement between the Mohawk people and the state and federal governments. They feel they're owed fair compensation for the island, which is directly connected to the Moses-Saunders power dam, which has generated billions of dollars in electricity for the United States and Canada. They also take the position that it's inadequate compensation for generations of pollution, and related fatal illnesses, caused by the Alcoa, Reynolds Metals and General Motors operating upstream of Mohawk waters for over a century. They used massive quantities of polychlorinated biphenyls (PCBs), a known carcinogen, in their respective operations.
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