Oregon daily emerald. (Eugene, Or.) 1920-2012, February 18, 1991, Page 8, Image 8

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Continued from Page 7
misdemeanors He is charged
with leading a group of Mor
gan-Nicolai strike demonstra
tors onto the front yard of Nico
lai plant manager LeeRoy
Pasquini where they placed 157
small, white crosses
Gilbert testified Friday that
the crosses, "a symbol of right
eousness,'' and his statements
at the demonstration were a re
flection of hardships felt by
families because of the Nicolai
management and its attempts to
break up the l,ocaI .10.15 union.
"I felt the strike was hurt
ing people a lot of people and
the entire community.” Gilbert
said
After a failed attempt by de
fense attorney Harry Carp to
i hallenge the constitutionality
of the two Oregon statutes, he
and prosei utor Man v Butcher
closed the two-dav trial with
powerful closing arguments
Hull her argued that disagree
incuts with Nicolai were not
grounds for Gilbert and the
demonstration group to violate
the ownership and privacy
rights of Pasquini
Air Pasquini may hold an
unpopular position hut his
rights should not (»• trampled
on." she said "They could
have expressed their opinions
in so many ways without vio
lating the rights of Mr
Pasquini Where he crossed the
line was going onto Mr.
Pasquini's property.
"The defense says that it’s
open season on unpopular
viewpoints He's asking you to
turn on the question of crimi
nality because they enjoyed
community support."
She also said that Gilbert's
intent does not exclude him
from being legally responsible.
"He's responsible for his ac
tions regardless of his intent,
regardless of his motivations."
she said.
However, Carp maintained
that the demonstration marking
the two-year anniversary of the
strike was a "last gasp" politi
cal statement intended as a
symbol of hardship and frustra
tion.
He said Pasquini was neither
threatened or inconvenienced
In tin1 demonstration and that
in far t. he used the in< ident as
the basis for a National Libor
Relations Board grievance
against the striking union
"His job was to break the
union and I guess he's good at
his job bet ause he did it." Carp
said "The message was that
Pasquini didn’t care about the
people."
In addition, he questioned
whether the trespass and mis
chief statutes specifically in
clude areas of private property
often used by solicitors and
other persons from the general
public.
"Under the these circum
stances there was no crime
committed." he said.
Carp said strong emotional
motivations and the good of the
community were paramount in
Gilbert's mind at the time of
the incident.
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