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Delaware Attorney General M. Jane Brady Accused Of "obstruction Of Justice"
Delaware's Attorney General, M. Jane Brady, is prosecuting Green Delaware Executive Director Alan Muller for putting warnings on an open channel that carries raw sewage through a picnic area in a Delaware state park. But Ms. Brady does not seem satisfied with prosecuting Muller. Now she is trying to prevent the real issues from even being raised at his trial.
Hockessin, Delaware, April 5, 2002 -- Delaware's Attorney General, M. Jane Brady, is prosecuting Green Delaware Executive Director Alan Muller for putting warnings on an open channel that carries raw sewage through a picnic area in a Delaware state park. Muller is charged with the crimes of "Grafitti" and "Criminal Mischief." He was arrested on April 22, 2001 for stenciling "DANGER RAW SEWAGE" on City of Wilmington Combined Sewer Overflow #26. This is one of 38 sewer overflows that in total dump about 1.5 billion gallons per year of untreated sewage into the Brandywine Creek, the Christina River, and other waterways.
Federal regulations and state permits require warning signs, but Wilmington has avoided posting signs. Many observers think this is because the City wants to minimize public awareness of its dumping, and cares little about the resulting health hazards. State of Delaware and Federal officials have show little interest in enforcing the Clean Water Act.
The arrest and prosecution of Muller have brought Brady and Wilmington Mayor James Baker statewide and international ridicule. For example, a letter from the French environmental organization Mouvement pour les Droits et le Respect des Générations Futures ((MDRGF) states
"The French environmental NGO MDRGF, wants the charges against Mr Muller to be dropped. We want the harassment of Green Delaware and the prosecution of its executive director Alan Muller to be stopped. We want the polluters to be prosecuted instead. We ask Senator [David B.] McBride to speak out against the prosecution of Muller, as a Member of Senate Natural Resources Committee . We offer our full support to Mr MULLER and his organization, together with dozens of environmental organizations around the world."
But Ms. Brady does not seem satisfied with prosecuting Muller. Now she is trying to prevent the real issues from even being raised at his trial. On March 18, 2002, Her office filed a motion to prevent Muller's lawyer, Mr. Albert Greto, from subpoening witnesses from the Delaware Legislature, Delaware environmental agencies, and the City of Wilmington. The prosecutor, Josette Manning, alleges in her "Motion to Quash" that "these individuals can provide no relevant information to the Court regarding these charges." Among other things, legislators are expected to testify that pending state legislation would establish detailed requirements for warning signs at "combined sewer overflows," and the provisions of Wilmington's permits.
The witnesses sought to be excluded include Sen. Cathy Cloutier, Rep. Richard C.Cathcart, and Sen. Dallas Winslow. Sidhartha Sharma from the City of Wilmington Public Works Department and Kevin Donnelly, Peder Hansen, and Paul Janiga from the Delaware Department of Natural Resources and Environmental Control.
Said Green Delaware leader Nick Galasso, "the Attorney General is trying to pretend this was an ordinary crime, when in fact Green Delaware announced in a press release our intention to put warnings on the sewage ditch. These warnings are required by the City of Wilmington sewer permit and by Federal regulations."
Exposure to raw sewage can cause many serious diseases. Many observers of the situation have commented that the Attorney General should be prosecuting the City of Wilmington for endangering the health of residents, not prosecuting activists who are trying to protect the public.
Green Party of Delaware leader J. Roy Cannon commented: "Brady's efforts amount to obstruction of justice instead of the execution of justice." (The Green Party of Delaware is a separate organization from Green Delaware.)
Attorney General Brady is an elected official. She will be running for office against a Democratic party opponent, Carl Schnee, and a Green Party opponent, Vivian Houghton. The election will be held on Nov. 5, 2002. Houghton stated "The prosecution of Alan Muller is an attempt by the Attorney General's office to discourage activists from pointing out the obvious: that there's something wrong with a legal system that protects environmental contaminators but harasses residents who are concerned about environmental related health and safety issues. Muller's prosecution is a waste of taxpayer's money and an example of the legal system's bias against publicizing information that is embarrassing to the political status quo. His prosecution also shows disrespect for the very Constitution that the Attorney General took an oath to uphold."
John Flaherty of Common Cause of Delaware, a good government organization, said "It's up to a jury of Mr. Muller's peers to hear the defense witnesses and decide for themselves."
Muller commented: "I suspect that if raw sewage was as toxic to the charters of banks and chemical companies as it is to the health of our children, Ms. Brady would have a different attitude towards this whole matter."
ACTION: Those with an opinion about this can contact Ms. Brady's office (www.state.de.us/attgen/index.htm) at:
email: Attorney.General-AT-State.DE.US
phone: 302.577.8400 (Wilmington) (302)739-4211 (Dover) FAX: 302.577.2610
mailing address: Carvel State Office Building, 820 N. French Street, Wilmington, DE 19801
Federal regulations and state permits require warning signs, but Wilmington has avoided posting signs. Many observers think this is because the City wants to minimize public awareness of its dumping, and cares little about the resulting health hazards. State of Delaware and Federal officials have show little interest in enforcing the Clean Water Act.
The arrest and prosecution of Muller have brought Brady and Wilmington Mayor James Baker statewide and international ridicule. For example, a letter from the French environmental organization Mouvement pour les Droits et le Respect des Générations Futures ((MDRGF) states
"The French environmental NGO MDRGF, wants the charges against Mr Muller to be dropped. We want the harassment of Green Delaware and the prosecution of its executive director Alan Muller to be stopped. We want the polluters to be prosecuted instead. We ask Senator [David B.] McBride to speak out against the prosecution of Muller, as a Member of Senate Natural Resources Committee . We offer our full support to Mr MULLER and his organization, together with dozens of environmental organizations around the world."
But Ms. Brady does not seem satisfied with prosecuting Muller. Now she is trying to prevent the real issues from even being raised at his trial. On March 18, 2002, Her office filed a motion to prevent Muller's lawyer, Mr. Albert Greto, from subpoening witnesses from the Delaware Legislature, Delaware environmental agencies, and the City of Wilmington. The prosecutor, Josette Manning, alleges in her "Motion to Quash" that "these individuals can provide no relevant information to the Court regarding these charges." Among other things, legislators are expected to testify that pending state legislation would establish detailed requirements for warning signs at "combined sewer overflows," and the provisions of Wilmington's permits.
The witnesses sought to be excluded include Sen. Cathy Cloutier, Rep. Richard C.Cathcart, and Sen. Dallas Winslow. Sidhartha Sharma from the City of Wilmington Public Works Department and Kevin Donnelly, Peder Hansen, and Paul Janiga from the Delaware Department of Natural Resources and Environmental Control.
Said Green Delaware leader Nick Galasso, "the Attorney General is trying to pretend this was an ordinary crime, when in fact Green Delaware announced in a press release our intention to put warnings on the sewage ditch. These warnings are required by the City of Wilmington sewer permit and by Federal regulations."
Exposure to raw sewage can cause many serious diseases. Many observers of the situation have commented that the Attorney General should be prosecuting the City of Wilmington for endangering the health of residents, not prosecuting activists who are trying to protect the public.
Green Party of Delaware leader J. Roy Cannon commented: "Brady's efforts amount to obstruction of justice instead of the execution of justice." (The Green Party of Delaware is a separate organization from Green Delaware.)
Attorney General Brady is an elected official. She will be running for office against a Democratic party opponent, Carl Schnee, and a Green Party opponent, Vivian Houghton. The election will be held on Nov. 5, 2002. Houghton stated "The prosecution of Alan Muller is an attempt by the Attorney General's office to discourage activists from pointing out the obvious: that there's something wrong with a legal system that protects environmental contaminators but harasses residents who are concerned about environmental related health and safety issues. Muller's prosecution is a waste of taxpayer's money and an example of the legal system's bias against publicizing information that is embarrassing to the political status quo. His prosecution also shows disrespect for the very Constitution that the Attorney General took an oath to uphold."
John Flaherty of Common Cause of Delaware, a good government organization, said "It's up to a jury of Mr. Muller's peers to hear the defense witnesses and decide for themselves."
Muller commented: "I suspect that if raw sewage was as toxic to the charters of banks and chemical companies as it is to the health of our children, Ms. Brady would have a different attitude towards this whole matter."
ACTION: Those with an opinion about this can contact Ms. Brady's office (www.state.de.us/attgen/index.htm) at:
email: Attorney.General-AT-State.DE.US
phone: 302.577.8400 (Wilmington) (302)739-4211 (Dover) FAX: 302.577.2610
mailing address: Carvel State Office Building, 820 N. French Street, Wilmington, DE 19801
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