District Attorney

OFFICE OF THE

DISTRICT ATTORNEY

SCHUYLER COUNTY

105 Ninth Street – Unit26

Watkins Glen, New York 14891

February 10, 2016

Hon. Raymond Berry

3914 CR 28

PO Box 7

Reading Center, NY 14876

Re: LPG protest cases

Dear Judge Berry:

Over the past several months, I have painstakingly reviewed the evidence with respect to each and every pending LPG protest case (over 300 files). My review included pictures and videos from numerous websites and social media outlets. I also reviewed police reports, photos and Vievu body camera footage from the arresting agency. I also discussed these matters with arresting officers, the Schuyler County Sheriff, NYS DOT employees and Crestwood management / attorney. I have reviewed a survey map for the properties in which the protesters were arrested. I have also had conversations with defense attorneys in person and through emails. Based upon all of the above, I have a pretty good idea of what cases remain pending. Although, there may be some that I have missed.

After completing my review and in keeping with my ethical duties as a prosecutor, it is clear to me that some of the pending cases must be dismissed. The basis for dismissal is that the individuals were either not trespassing on complainant’s property or that the evidence of trespass is insufficient. This is in large part based upon two factors. First, the Crestwood survey map coupled with a visual inspection shows that the south gate of the Crestwood facility sits entirely on property owned by New York State (confirmed by NYS DOT). Thus, any trespass committed by an individual at the south gate would be a trespass against NYS, not Crestwood. And, according to counsel for the State, New York does not wish to pursue charges. The dismissal of the charges against those arrested at the south gate only pertains to those charged with trespass. All cases charging disorderly conduct at that gate remain subject to prosecution. Second, some photographs and videos show individuals arrested at the north gate were not trespassing on the complainant’s property. Instead, they may have actually been on NYS land. Once again, the State of New York does not have any desire to charge these individuals. In other cases at the north gate, the evidence is unclear whether the arrested defendants were on Crestwood or State of New York property. In those cases, the evidence is insufficient to prove the charged offense beyond a reasonable doubt.

Based upon the above, I am moving, by this letter, to dismiss the charges against the following individuals for the following dates:

11/20/14 M. Mendillo (1)

11/21/14 I. Weiser (1)

12/01/14 P. Fitzsimmons, D. Nolder, A. Doniger (3)

04/22/15 C. Carestio, C. Chollet, L. Martin, L. Ripperton, M. Rubenstein, R. Saddler,

J. Shaw, R. Thompson (8)

05/07/15 T. Feldman, C. Kelley, R. Kennedy, M. Krywe, K. Lamarre (5)

05/13/15 G. Bonnet, K. Cail, T. Cappadocia, G. Copeland, L. Eastwood, J. Fox,

C. Kattau, W. Kitchen, K. Liblick, J. McNamara, A. Postma, J. Sliker, J. Potts,

P. Terrie, M. Vancoppenolle, B. Yarrow, L. Ziesche, D. Burgevin, J. Hoffman,

L. Fernandes, K. Zeserson (21)

06/30/15 M. Bucci, P. Campell, H. Dickinson, A. Feron, M. Fischer, A. Godin, A. Gold,

J. Guthie, L. Hirschberger, K. Kuenster, S. Marcus, J. McCue, V. Rasmussen,

D. Roe, R. Solomons, C. Tichler (16)

07/20/15 L. Finlay, E. Elgie, J. Jedel, N. Golder, A. Bizari, B. Schlierf (6)

07/29/15 C. Bowman, L. Hiembuch, W. Huston, K. Knight (4)

08/18/15 A. Adams, L. Adams, P. Arena, S. Bailey, M. Chipman, C. Coss, E. Cronise,

E. Deboer, A. Delpalto, K. Edelstein, R. Eklund, P. Flansburg, K. Fraczek,

J. Holland, N. Koschmann, P. Looker, D. Morrisey, M. Prentiss, R. Teasley (18)

09/10/15 M. Abbott, S. Barton, R. Battaglia, R. Bem, D. Burgevin, L. Clark, N. Cook,

J. Dennis, J. Dolan, T. Flores, R. Gerrity, L. Gerry, I. Goldstein, M. Hennessy,

G. Illava, M. McCasland, B. Pease, M. Plumlee, C. Poley, S, Redmond,

J. Ricks, R. Sadler, L. Salamendra, C. Schultz, M. Scibilia-Carver, B. Smith,

B. Stopha, A. Sullivan (28)

I suspect that the defendants and their attorneys do not object to the relief requested herein. Hence, I would ask the court to dismiss these cases (111) in the interest of justice without appearance. Nothing contained herein should be construed to mean that I support the position of the protesters or that of Crestwood. As the District Attorney of this county, I must and will remain politically neutral. The People remain, in all respects, ready for trial in each and every case not covered by this motion (over 200) and ask this court to begin scheduling trials of these actions.

Thank you for your consideration.

Respectfully submitted,

JOSEPH G. FAZZARY

Cc: Sujata Gibson, Esq.

Joseph Heath, Esq.

Gerald Kinchy, Esq.

Daniel Rose, Esq.

Wesley Roe, Esq.

Daniel Pautz, Esq.