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defendantappealtrialregulation
defendanttrialcompliance

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Com. v. Brugmann, 13 Mass.App.Ct. 373, 433 N.E.2d 457

Facts

On June 2, 1979, twenty-one individuals, including the eleven defendants, trespassed by sitting against the main gate of the Yankee Atomic Electric Company nuclear power plant in Rowe, Massachusetts. They were aware that their presence violated regulations requiring the plant to shut down if unauthorized individuals remained near the fence. The defendants claimed their actions were motivated by concerns over radiation hazards and sought to force the plant to shut down. They were arrested after refusing to leave when requested by the plant superintendent and a state police officer.

On June 2, 1979, twenty-one persons, including the eleven defendants, walked past a barrier and sat down against the main gate by a fence at the Yankee Atomic Electric Company nuclear power plant in Rowe.

Issue

Did the trial judge err in ruling that the defenses of necessity, self-defense, and defense of others were not available to the defendants during their trial for criminal trespass?

The question presented is whether the trial judge erred in ruling that the defenses of necessity, self-defense and defense of others were not available at their trial.

Rule

The 'competing harms' defense under the necessity doctrine is not available in criminal trespass prosecutions if there are legal alternatives available to the defendants to address the perceived danger.

In essence, the 'competing harms' defense exonerates one who commits a crime under the 'pressure of circumstances' if the harm that would have resulted from compliance with the law significantly exceeds the harm actually resulting from the defendant's violation of the law.

Analysis

The court found that the defendants had at least two legal alternatives to address their concerns about the nuclear power plant's safety, including petitioning the NRC or the Massachusetts Department of Environmental Quality Engineering. Since the defendants did not pursue these alternatives, the court concluded that the necessity defense was not applicable. The court also determined that the defenses of self-defense and defense of others were not relevant in the context of civil disobedience, as they did not involve immediate threats requiring such defenses.

In the present case, there were at least two alternative courses open to the defendants.

Conclusion

The Appeals Court affirmed the convictions of the defendants, ruling that the trial judge's exclusion of the necessity defense was correct and that the other defenses were not applicable.

Affirmed.

Who won?

The Commonwealth prevailed in the case, as the court upheld the convictions based on the reasoning that the defendants had legal alternatives available to them that they failed to pursue.

The Commonwealth prevailed in the case, as the court upheld the convictions based on the reasoning that the defendants had legal alternatives available to them that they failed to pursue.

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