A North Carolina superior court judge admitted August 9 that he had "gutted" the defense of six nuclear safety advocates after learning their trial strategy from an intercepted e-mail given to him by the prosecutor and a Carolina Power and Light attorney before the trial. A jury convicted the six of trespassing at CP&L's Raleigh offices last January, after the judge prohibited the use of expert witnesses and other aspects of the defense's case.

Judge J.B. Allen began the proceedings on August 7 with his peremptory ruling, even before defense attorneys could move for consideration of a necessity defense. The ex-parte communication that prompted the judge has become the key issue in an appeal of the convictions, and reveals another page in CP&L's handbook for manipulating due process and propagandizing the public.

CP&L's public relations office provided the e-mail document to a corporate attorney who worked closely with the prosecutor. The document, from the nuclear watchdog group NC WARN, invited supporters to the trial and described the defense that would be presented for their sit-in. The sit-in was the latest nonviolent direct action taken in a broad three-year struggle for public safety hearings on the utility's plan to expand irradiated nuclear fuel storage pools at the Shearon Harris reactor site.

The defendants were sentenced to 10 days in jail (suspended) and a $100 fine plus court costs, community service, 18 months probation, and an order to stay away from all CP&L property without a "legitimate" reason. Allen refused a final request from the prosecutor, whose petty collusion with CP&L was revealed when he asked for a stiffer sentence against NC WARN director Jim Warren, based on a 16-year old ticket for expired vehicle registration.

The utility began using one of the new pools in July. For more information, contact NC WARN, POB 61051, Durham NC, 27715-1051, (919)490-0747.