UPDATED: Judge Rules Necessity Defense Allowed in Resist Spectra Trial
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Cortlandt, New York – Six people who are on trial in Cortlandt Courthouse for trespassing for an action that halted construction on the Spectra/Enbridge AIM fracked gas pipeline for 16 hours in 2016 will be allowed to argue that their actions were necessary to prevent imminent harm.
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The decision by Judge Ragazzo to allow the necessity defense comes on the heels of the release of the executive summary of an Independent Risk Assessment from Governor Cuomo’s administration that acknowledged unanswered questions and echoed years of safety concerns of experts and community members alike.
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The AIM pipeline runs within 105 feet of critical safety infrastructure at the aging and failing Indian Point Nuclear Power Plant putting 20 million people, including New York City, at risk.
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UPDATE: On July 27, 2018, Cortlandt Judge Kimberly Ragazzo ruled that all charges be dismissed for lack of evidence from the prosecution on elements of the trespassing charge for defendants Judith K Canepa, Judy Allen and Kim Fraczek. Court has been adjourned for the other 3 defendants Rebecca Berlin, David Publow and Janet Gonzalez until October 23 when the necessity defense will be presented by Attorney David Dorfman.
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