Indian Time Reporter Among Eight Arrested at Barnhart Demonstration

By Andy Gardner.

AKWESASNE – Indian Time reporter Isaac White was among those arrested on Barnhart Island on May 21, despite being there while performing his First Amendment-protected job as a member of the press.

White showed up at the demonstration after getting a tip that something was happening on the island, but he didn’t know what until he arrived. He got there and found a peaceful demonstration in opposition to a proposed land claims settlement. The people were gathered and talking and walking up and down the grass. There was not much happening.

About 30 minutes later, state police showed up after being called by the nearby New York Power Authority and started arresting the demonstrators. They also handcuffed White, who identified himself as a reporter to the police. The officer told White that didn’t matter. He was being detained anyway.

After being taken away in handcuffs in the back of police cars, the eight were detained at the Massena state police barracks for several hours before being released not long after 11 p.m.

Documents given to White during his court appearance say he’s charged with trespass, which is a violation and not a crime, and fifth-degree conspiracy, which is a misdemeanor criminal offense.

The exact wording on the charging document says the conspiracy count is for damaging NYPA property past the felony threshold. He isn’t charged with any felony, however, and neither are six of the other seven.

The legal wording on the document says White is accused of "knowingly and unlawfully agreeing with several other individuals to engage in activity which included damaging property, belonging to the New York State Power Authority, to an extent constituting a felony in the state of New York.”

The only person there that day accused of a felony was Larry Thompson, who’s charged with second-degree criminal mischief. That means the police are saying he caused over $1,500 in property damage.

All eight of the defendants appeared in Massena Town Court on Tuesday afternoon in front of Town Justice Joseph Brown, who said the court had not received the proper paperwork to move forward with arraignments. That’s with the exception of Thompson, who was arraigned the night he was arrested.

Following appearances on Tuesday, June 11, all eight cases were adjourned to various dates in June, July and August. White’s reappearance date is Aug. 13.

In the meantime, White is requesting all discovery materials that the St. Lawrence County District Attorney’s Office has in their possession. That will likely include footage from body cameras the state troopers were wearing, and any sworn statements made by state troopers.

White’s arrest marks the first time, at least in recent memory, that a charge has been pressed through the St. Lawrence or Franklin County justice systems against a reporter while doing their job.

White and the other seven didn’t want to discuss the case on the record, citing the ongoing legal proceedings. They do not have attorneys at this point.