NORTHAMPTON — After entering the lobby of defense contractor L3Harris in March, four protesters who were arrested in the incident are celebrating after they were found “not responsible” by Northampton District Court Judge Mary Beth Ogulewicz. Legally, a “not responsible” outcome for civil cases is the equivalent of being found “not guilty.”
“We’re very pleased — it’s just really exciting,” said Nick Mottern, one of the four who stormed the L3Harris lobby as a form of peaceful protest on the morning of March 19. He was being prosecuted alongside Pakie Wieland, Patricia Gallagher and Priscilla Lynch, all members of Demilitarize Western Massachusetts
The four anti-war advocates had entered the lobby of the Northampton offices of L3Harris, a $1 billion defense contractor that works with both the Israeli military and the United States Immigration and Customs Enforcement (ICE), among other clients. Once inside, the group rained fake blood-stained money on the floor and issued a citizens arrest warrant for L3Harris’ CEO Chris Kubasik.
The ruling, released Monday, follows a Dec. 18 hearing in which the four protestors spoke about their dedication for the cause of non-violence and raised a “necessity plea.”
This necessity plea is a difficult defense to win and requires proving that the path taken was “the lesser of two evils.” The group was able to adequately make the case that their actions were based on their beliefs that L3Harris is supplying Israel weapons to carry out a genocide on Gaza.
“After consideration of the testimony, exhibits, applicable law and arguments of counsel, I find the defendants Not Responsible on all counts,” wrote Judge Ogulewicz in her decision.
Mottern said, “I think the judge understood the need for us to speak about our experience in the face of this genocide.”
Initially charged with criminal trespassing and disturbing the peace, the group pleaded not guilty. Then in a Dec. 1 hearing their charges were lessened to a civil infraction after a recommendation by the prosecutor. Lessening the charges took the possibility of jail off the table.
Mottern said the necessity plea wasn’t a focus early on after being charged. Instead, the focus was to get a jury trial to maximize the ability of people to hear their message. In some ways, he said, the group is still disappointed that a jury trial never occurred.
“I think that our basic goal before was to have a jury trial so that members of the public could learn more about what L3Harris is doing,” Mottern said.
In the words of Lynch, “We pushed for a jury trial because we believed that a jury of our peers would share our horror at what was and is happening in Gaza with weapons from L3Harris and would share the belief in the necessity of our actions.”
During the Dec. 18 hearing, 75 people crowded the courtroom in support, which Lynch said spoke volumes for how many people support their cause.
“The 75 or so ‘jury of our peers,’ present in the courtroom and overflowing into hallway confirmed our belief,” she said. “The Court’s verdict validates the necessity of our action against the perpetrators of genocide, including L3Harris right here in Northampton.”
Mottern said that the judge’s ruling sets a good precedent for other groups and protesters in similar situations, adding that it is important to see these matters go in the favor of defendants.
Wieland commented that, “The verdict gives weight to the Necessity Defense. This finding will strengthen Necessity as a stance in the future.”
Mottern also praised the protesters’ defense attorney Jaime Rogers for being, “honest and diligent,” and for accurately representing the protester’s case.
Assistant District Attorney Alexandria Plante had mentioned during the Dec. 18 hearing that by letting the group off the hook so to speak, it may give incentive for the group to pursue more aggressive forms of protest in the future. Mottern, however, said that Demilitarize Western Massachusetts is committed to non-violence, and wanted to make clear that, “Anything this group does is non-violent.”