State prosecutor drops charges for eight activists
CONCORD, NH - The No Coal No Gas campaign celebrates that charges against eight activists have been dropped before their scheduled trial in March. The charges were for alleged trespassing during a peaceful protest at Merrimack Station coal plant last fall, where arrests were made on the Merrimack River. The charges were dropped after their representing attorney asked for more discovery from the state prosecutor.
“In the initial disclosure I received a few police reports and photographs, mostly of boats in the water and No Trespassing signs,” said Kira Kelley, attorney for the defendants. “I asked for any footage from body cameras, dash cameras, and the like, and for communications between Granite Shore Power and law enforcement that precipitated the heavy police presence and ensuing arrests. In lieu of a response to these requests, I received a notice from the State that these charges were being dismissed."
The discovery included information that CEO Jim Andrews instructed the police to arrest someone he claimed had trespassed. Discovery did not include body cam footage or full communication information about correspondence between Granite Shore power and police officers on site. The state prosecutor on the case sent an email that stated the “complaints have been np’ed” (nolo prossed, or the state chooses not to prosecute) after a planned meeting with the “victim’s representative,” meaning a representative of Granite Shore Power.
The arrests in question were made under suspicious circumstances, as each individual arrested was taken into Marine Patrol boats from the middle of a public waterway, the Merrimack River. During the incident, over 50 supporters were gathered in boats and at Memorial Park in Pembroke to call for the coal plant to close and transition to solar energy and battery storage.
“The charges being dropped is a victory that comes with layers of privilege, including the immensely supportive community that has surrounded us,” said Olivia Chatfield with No Coal No Gas. “Despite this victory, it was still deeply troubling to experience first hand just how little facts matter when the state decides you are guilty of even a minor crime. While we came out that day last October to call for a just transition for the coal plant and the surrounding community, we were swiftly reminded of the power that the state has to repress free speech, and the lengths that it will go to to stop even symbolic representations of the future we want (and need) to create.”
The police response to this peaceful protest is concerning. An alarming pattern is emerging with these dismissals. Last fall, the State dropped similarly baseless “loitering and prowling” charges against Jesse Mills on the eve of trial. On both occasions, law enforcement had been in active communication with coal plant leadership shortly before making the arrests. People who publicly oppose Granite Shore Power are being hauled off to jail for kayaking or walking along a public road and prosecuted for months, only for the state to drop the charges at the last minute to avoid the exposure of trial.
Meanwhile, Merrimack Station still hasn’t passed a “stack test” after failing in February of 2023, releasing amounts of mercury and particulate matter well above the limits of the Clean Air Act. They seem to be facing technical difficulties with one of their boilers, too. Activists are glad that the charges were dropped, but deeply concerned by the way the state continues to be called to protect this coal plant.
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The No Coal No Gas Campaign formed in 2019 as a regional coalition of affinity groups, partner organizations, and individuals. We are a direct action campaign dedicated to ending the burning of fossil fuels in New England, beginning with coal. We build community in order to build power to ensure a just, democratic transition to the energy future New England needs. For more information go to nocoalnogas.org
