Judge Mary Ann Driscoll "Based on what the Commonwealth has said, and based on the very heartfelt expressions of the defendants who believe – and I don't question their beliefs in any respect – who believe in their cause and who [indecipherable] because they believe they were entitled to invoke the [or their?] necessity defense, I'll accept what they said and find the defendants, I'll find them all not responsible." (transcribed from 28:33-29:03 in the audio file)
...... a follow up question to make sure the record of the ruling is clear....
Q: Attorney Andrew Fischer representing the defendants: "Could I ask that the Court's finding of not responsible be stated on the record that it's in light of the necessity defense?"
A: Judge Mary Ann Driscoll: "Yes, that can appear on the record..." Judge Driscoll continues by saying that the attorneys can get an official copy for "whatever you wish to make of it." (transcribed from 29:57-30:31 in the audio file)
We are grateful to Judge Driscoll for her willingness to consider the relevant facts in this case, including the evidence that attempts to block construction were necessary to prevent a greater harm.
The most extraordinary part of this audio recording is the brief testimonies of 12 of the defendants, beginning at 3:45 in the audio file.
We will update this post to include a timestamp for the starting point for each defendant's testimony in order to facilitate your listening.
5:27: Tim DeChristopher begins his statement; Judge Driscoll hears the first request to rule on the basis of necessity
Climate Disobedience Center co-founder Tim DeChristopher is the first to ask Judge Driscoll, "Your Honor, I would ask that you find us not responsible by reason of necessity..."