Description: Aitkin, Minnesota criminal defense lawyer represented the Defendant charged with trespass.

More than 100 individuals gathered to pray and conduct ceremonies on January 9, 2021, at two construction sites for a pipeline being assembled in Aitkin County. Enbridge Inc., which owned the project, devised the pipeline's route traversing northern Minnesota and named this part of the pipeline "Line 3." The route for Line 3 passes through lands that are subject to treaty rights, are adjacent to tribally-owned fee and trust properties,[2] and contain areas that compose the ecosystem and water sources that sustain manoomin.[3]Various individuals and groups opposed the plans for and implementation of this new route for Line 3 based on their concerns that the pipeline was being built to transport "tar sands oil, which is considered the dirtiest oil in the world," and that, even without a leak or spill of the oil, the pipeline itself could contaminate and destroy the water that comes into contact with it, including ground and surface waters. The water that will cross paths with and otherwise come into contact with the pipeline is the same water that exists where manoomin grows. After attending many hearings and public-comment sessions in unsuccessful attempts to stop the pipeline construction from receiving necessary permits and approval to go forward, many Anishinaabe[4] people turned to prayer.

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Legal issue Did the state provide sufficient evidence to support convictions for trespass on a pipeline, unlawful assembly, and presence at an unlawful assembly?

Key Phrases Gross-misdemeanor conviction. Insufficient evidence. Trespass on a pipeline. Unlawful assembly. Presence at an unlawful assembly.

Outcome: Reversed

Plaintiff's Experts:

Defendant's Experts:

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