Judge orders token fine for Pilgrim son

SUNDAY MARCH 28—ANCHORAGE—

Joseph Pilgrim of McCarthy, eldest son of Robert Hale “Papa” Pilgrim, was ordered Friday to pay a $310 fine for trespass and vandalism for attempting last summer to enter his family’s Mother Lode mine. But Judge John Roberts commented, “The government needs to consider going the extra mile to resolve the dispute with your neighbor. I think the NPS (National Park Service) should want to avoid getting a reputation as a bully.”

The NPS had wanted a $3,000 fine. Two NPS rangers had been staking out the mine entrance waiting for the Pilgrims to enter their mine via its only access, the Polk 1601 adit (tunnel) which opens on NPS land. [see WSEN Jan-Feb 2004, Simple misdemeanor charges turn complex]

NPS prosecutor Chandra Postma portrayed Joseph as a wealthy man—a big land owner and a business man with clients—and that he wasn’t confused about his rights but acted “boldly, brazenly, arrogantly” and at substantial risk to the public. “This is a defendant that thinks the rules don’t apply to him. The Court needs to send a strong message that they do. A $3,000 fine is appropriate.”

The judge asked questions of the prosecution that indicate key points were apparently troubling him. The first was about the Hale v. Norton case brought by the Pacific Legal Foundation against the NPS over its blockage of the road to the Pilgrim property, “Will the civil action before Judge Beistline likely resolve the title to the adit?”

Answer: She didn’t know.

“Why did the NPS issue criminal tickets instead of filing a civil action to determine his right to use the adit?”

Answer: The defendant willfully ignored the NPS no trespassing sign.

Anchorage resident Lee Ann Gerhart attended all of Pilgrim’s trial sessions. She said, “At the end, the judge seemed almost apologetic towards Joseph. I think it’s beginning to sink in how high-handed the NPS is toward landowners in the Wrangell St. Elias Park.”

“Judge Roberts recently presided over Doug Frederick’s trial,” said Gerhart. “Neighbors, outraged by the injustice Doug suffered at park service hands, stepped up to pay his fine.”

[On March 5 Roberts and all the federal judges on the district court were presented with a petition containing over 140 names including former legislator Richard Shultz of Tok and numerous business and public figures from the Interior, Copper Basin and South Central Alaska. The petition protested, “the outrageous criminalizing by the National Park Service and the federal courts of a public spirited man, Doug Frederick, of Slana, who was undertaking a volunteer trail improvement demonstration.” Frederick’s $510 fine also levied by Roberts was paid by others as part of the protest.]

In response to prosecutor Postma’s attempt to paint Joseph Pilgrim as a wealthy landowner, defense attorney Carl Bauman pointed out that while Joseph is a 1/3 owner of the land, it is not unencumbered. There is considerable debt and whether there is any equity in the property with such NPS regulatory hostility is now questionable. They purchased the property before the park service shut off the only surface access up the valley on the road and to the underground workings through the adit. And as to their giving a guided mine tour for a fee, the “clients” with Joseph were friends who paid a small amount of money for three days lodging and food. As to risk, not one of the rangers testifying had ever even been into the mine tunnel which was described later by Joseph as safe, basically like a hallway. And as to attitude, Joseph thought he had a right to use the tunnel to enter his own property.

Addressing the judge, Joseph told how excited the family was about owning the mine. He said it was the first time they’ve ever owned property. Locals told them where their mine entrance was and the family spent three weeks removing accumulations of ice and snow to improve the opening. They placed signs informing the public that the mine was private property. They built an inner door and placed a lock and chain on it to prevent anyone from entering. “It is beautiful inside. It’s not dangerous—it’s just like walking down a hallway... We took out some rocks to sell at the gift shop. This is not like going to somebody’s store and breaking in to take things. We were entering the only way to get to our own underground 240 acres.”

The NPS later broke the Pilgrim’s lock and installed their own. They also tore down the family’s signs and replaced them with their own.

“The bothersome thing is that NPS removed your lock, but they can’t be sued for doing that,” the judge told Joseph.

Judge Roberts acknowledged that the underlying issue regarding right of access is a complex one. “This is not a usual trespass case. This court was not able to resolve the issue of ownership—NPS has a right of control of the entrance and that avoids the right of self help. Joseph will need to pursue his rights of access through civil means.”

“The government did not prevail in showing that this was a commercial venture, nor that the public was at risk. The defendant is responsible for what he did, but there is no need to send a ‘special message’—this proceeding was sufficient,” said Roberts. “Trespass $250, Vandalism is part of the same incident, $50. Total fine, $300 plus $10 special assessment, $310 total with 6 months to pay. No probation required.”

Joseph’s attorney has filed an appeal to the district court. Even though the fine is very small, Joseph feels that having a criminal record for an act he considers lawful is not acceptable.

In an interesting twist, Joseph Pilgrim was elected the next day by the District 6 Republican convention in Delta Junction as a delegate to the state convention in Soldotna, meeting May 20. According to District 6 chairman Spike Jorgensen of Tok, the district also passed a resolution urging the State of Alaska to defend access in conservation system units and stand up for the ANILCA promises made to the people of this state.