Thompson Arraigned on Protest Charge, Wants to Represent Himself

By Andy Gardner.

CANTON – The sole remaining defendant who was arrested during a May 21 demonstration on Barnhart Island opposing a land claim settlement between the St. Regis Mohawk Tribe and New York state was arraigned Wednesday on a felony criminal mischief charge.

Larry V. Thompson, 70, went in front of St. Lawrence County Court Judge Gregory P. Storie after having been indicted by a grand jury on Dec. 5 for a second-degree criminal mischief charge. He does not have a lawyer, nor does he want one. The court assigned Thompson a public defender, who he immediately tried to fire.

Thompson was arrested that day along with six other activists and a journalist who was covering the developing event. He started digging with a backhoe, which led to state police being called in.

Thompson is accused of causing damages to land that belongs to the New York Power Authority valued over $1,500. If convicted, the most severe sentence would be two-and-a-third to seven years in state prison.

He has steadfastly refused to accept legal counsel has his case progressed through Massena Town Court before being sent to county court.

During his appearance on Wednesday, he stuck to that. He read from a written statement where he argued that various federal laws and treaties from the last four centuries place him outside the court's jurisdiction.

"I assert and maintain this honorable court does not have jurisdiction to take my plea ... accordingly, I will file a notice of removal," he read.

Thompson's position is that he is Onkwehonweh, on land that rightfully belongs to the Onkwehonweh, therefore the foreign court has no authority over him.

"How can you charge someone who ... is native to the land," Thompson told the judge. "We were here first. We are the first law of the land."

He sees lawyers as officers of that foreign court. Therefore, according to Onkwehonweh law, he says he cannot accept their legal services.

"Do you understand you have the right to an attorney?" the judge asked. "I object," Thompson answered.

"I'm asking if you understand you have the right to one," the judge said. "I don't agree with an attorney," Thompson replied.

The judge subjected Thompson to a standard series of questions asked of any defendant who wishes to proceed as their own counsel. Thompson refused to answer the questions. Storie said because of that, he couldn't declare that Thompson is competent to act as his own legal counsel.

"Do you have a high school diploma?" Storie asked. "I object to that question," Thompson answered.

"What type of work have you done?" Storie asked. "I object to that question," Thompson said.

He continued his objections to the judge asking if he's ever been a criminal defendant in the past or if he's ever been treated or confined for mental illness.

"I don't have enough information to make a determination that you are competent to proceed on your own," the judge asked. "I'm not going to let someone who isn't capable represent themselves."

The judge ordered Chief Public Defender James M. McGahan to represent Thompson, but McGahan seemed uncomfortable stepping into that role.

"My understanding is (Thompson) refused council," the public defender said. Thompson immediately told him, "You're fired."

"I did not give you permission to speak on my behalf ... I totally object and I disagree," Thompson said. "I am not going to say one word to you at all and you are not to talk to me."

Storie acknowledged that asking the chief public defender to step in puts him "in a tough position."

"I'll stand next to him, judge, but if that's his wish," McGahan said.

After refusing to enter a plea, and McGahan telling Storie Thompson didn't want him speaking for him, the judge entered a not guilty plea on Thompson's behalf and kept him released on his own recognizance.

After the proceeding was adjourned, McGahan tried to offer Thompson his contact information, but was refused. Their brief chat outside of the courtroom ended on respectful terms and they shook hands.

He, along with six others and a journalist, were all arrested during the protest on Barnhart Island that was opposing a proposed land claim settlement between tribal authorities and New York state. All of them were charged with sixth-degree conspiracy and trespass. Those charges have all been dismissed against all eight people. Thompson's pending felony is the only charge left standing.

He previously told the Times that he intended to start building a foundation for Native housing for people to move upstream from decades of industrial pollution caused by Alcoa, Reynolds Metals and General Motors plants.

The Two-Row Wampum, dating back to 1613, is among the earliest treaties between the Haudenosaunee people and European colonizers. Symbolized by two parallel purple rows on a white background, it signifies mutual navigation of the river in separate vessels – a Native canoe and a Dutch ship - pledging never to interfere with each other's paths.

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.

Thompson and the six protesters demand fair compensation for Barnhart Island, integral to the Moses-Saunders power dam, which has generated billions of dollars in electricity for the U.S. and Canada. They also seek redress for generations of pollution-related illnesses among Akwesasne people that result from upstream industrial activities by Alcoa, Reynolds Metals and General Motors. For decades, those plants used large amounts of PCBs – a known carcinogen - in their operations. PCB stands for polychlorinated biphenyl.

Thompson is due back in county court for a conference on Jan. 21 at 3 p.m.