Bristol District Attorney C. Samuel Sutter knew the law. He also understood the threats posed by climate change. So for days he grappled with what to do about the two environmental activists facing criminal charges for blocking a 40,000-ton coal shipment last year to the Brayton Point power plant in Somerset.
Just as the trial was about to begin Monday, Sutter decided to drop all charges.
Then, in a dramatic appearance at Fall River District Court, he said he empathized with the stance of Ken Ward and Jay O'Hara, who said they were acting to reduce harm to the planet when they used the lobster boat Henry David T. to block the shipment to the coal-burning plant.
"Because of my sympathy with their position, I was in a dilemma," Sutter said afterward. "I have a duty to go forward to some extent with this case and to follow the applicable case law, but they were looking for a forum to present their very compelling case about climate change."