Two More Demonstrators Arraigned on Barnhart Protest Charges

By Andy Gardner.

MASSENA – Two more of the demonstrators arrested during a peaceful land claim protest in May were arraigned on trespass and conspiracy charges and said they want to represent themselves in their respective criminal cases.

Brent Maracle, 48, and Gabriel J. Oakes, 58, appeared Tuesday afternoon, July 9, in Massena Town Court in front of Town Justice Joe Brown, who entered not guilty pleas on their behalf. They're each charged with a misdemeanor count of fifth-degree conspiracy and trespass, which is a violation.

During Oakes's appearance, he wanted to read a statement to the town justice, who told him he wouldn't allow it.

"That's now how this works," Brown said.

"I'm baffled by this," Oakes replied, adding that Brown should listen to his statement as a gesture of respect.

"This is not the forum," Brown said. He then offered to take a copy of the statement and read it after hearing the day's docket.

"I will read it after in chambers," the judge said.

Brown advised Oakes to get an attorney to represent him in future appearances. Oakes said he doesn't need one.

"It's in your best interest to have a court-appointed attorney or hire an attorney," the town justice said.

"My interests are very well protected," Oakes said.

Justice Brown adjourned the case until Aug. 27 and entered a not guilty plea. Oakes asked if he's required to appear. Brown said a bench warrant would be issued for his arrest if he doesn't show up.

"I couldn't read my paper, so I shouldn't have to show up," Oakes said. "Maybe I'll be in on the 27th."

Following the appearance, Oakes declined to let a reporter read a printed copy of his statement. When asked about its contents, he characterized it as describing "international law versus local law."

"Is it a criminal matter or is it a political matter?" Oakes added.

Maracle appeared after Oakes. He spoke Mohawk to the Massena justice, who does not speak the language.

Maracle said in English that he was "greeting you personally," identifying himself as Onkwehonweh and of "the people of the flint," and also stating his traditional name in the Mohawk language. Onkwehonweh is a term from the Mohawk language that means the "original people" of Turtle Island (North America).

"The court respects that," Brown replied.

Maracle made a brief argument that the town court has no authority to prosecute him because he is a Native person who was demonstrating on Native land.

Brown asked Maracle if he had an attorney and entered a not guilty plea on Maracle's behalf.

"I'll represent myself," Maracle said. "Let record show it was the court and not myself" who entered the not guilty plea.

On June 25, another Akwesasne resident who was arrested at the protest, 26-year-old Marina Johnson-Zarafis, appeared in front of Justice Brown and also said she wants to represent herself in the matter.

During that appearance, St. Lawrence County Assistant District Attorney Matthew Nichols noted that she could proceed as her own representative at the next hearing, provided she undergoes a standard evaluation to assess her competence. This could involve answering a series of questions formally on the record. If the court is satisfied with her answers, the case can proceed, the ADA said at that time.

Nichols was also in court on Tuesday afternoon and made no comments during Oakes and Maracle's appearances.

The demonstration during which Oakes, Maracle and the other six people were arrested opposed a proposed settlement between the Mohawk people and state and federal governments.

The other people arrested during the May 21 protest and charged with trespass and fifth-degree conspiracy. They are Kimberly A. Terrance, 41; Isaac N. White, 42; Gabriel J. Oakes, 58; Dana L. Thompson, 67; Brent Maracle, 48; Donald Delormier, 35, who also faced a charge of resisting arrest; and Larry V. Thompson, 69, who faced an additional charge of second-degree criminal mischief, a felony. Thompson was arraigned in court the night of May 21.

White, a reporter for the Akwesasne newspaper Indian Time, was there covering the demonstration when he was arrested and handcuffed.

There are several upcoming court dates for those arrested that night. Terrance and Johnson-Zarafis are scheduled to appear on July 23, White on Aug. 13 and Larry Thompson, Maracle and Oakes on Aug. 27.

The protesters demand fair compensation for Barnhart Island, integral to the Moses-Saunders power dam, which has generated billions in electricity for the U.S. and Canada. They also seek redress for generations of pollution-related illnesses caused by upstream industrial activities by Alcoa, Reynolds Metals and General Motors, which for decades used large amounts of PCBa – a known carcinogen – in their operations. PCB stands for polychlorinated biphenyl.

In 2022, a judge ruled New York state unlawfully took thousands of acres of Mohawk land in the 1800s. Negotiations for a settlement have been ongoing between Albany and U.S., Canadian and traditional Mohawk councils.

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.