BAGLEY, Minn. -- Two Washington state women accused of tampering with Enbridge pipeline valves will return to Minnesota to give testimony regarding a motion to dismiss the charges.
Emily Johnston, 50, of Seattle, and Annette Klapstein, 64, of Bainbridge Island, Wash, both part of a group called Climate Direct Action, were arrested Oct. 11 and accused of threatening to shut down two Enbridge pipelines and using bolt cutters to cut padlocks and chains in order to access a pipeline facility near Leonard, Minn., according to the criminal complaints against them.
Johnston and Klapstein are each charged with criminal damage to property of critical public service facilities, utilities and pipelines; aiding and abetting criminal damage to property of critical public service facilities, utilities and pipelines; trespass on critical public service facility, utility or pipeline; and aiding and abetting trespass on critical public service facility, utility or pipeline.
In a motion filed Dec. 13, Timothy Phillips, the attorney for Johnston, Klapstein and Steven Robert Liptay -- who faces trespassing charges stemming from the same incident -- argued that the charges against all three violate their right to free speech.
Phillips’ motions also argues that the statutes on which the charges against Johnston and Klapstein are based on are “void for vagueness,” meaning it is not clear what the statutes the pair allegedly violated actually prohibit.
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“All evidence relating to the Defendants’ actions demonstrate an intent to exercise political speech, correlated with a low level of public disturbance. Yet it is unclear whether a temporary, minor obstruction or interference is nonetheless criminal conduct,” the motion reads. “The statutes at issue therefore fail to inform people of ordinary intelligence whether their speech will violate the statutes.”
The motion describes Johnston and Klapstein as “well-intentioned” and argued that a conviction would be an injustice.
The pair is required to appear in person in Clearwater County court to testify, though a hearing date had not been set as of Wednesday.
