By Michael Donoghue
Vermont News First

Three activists, who police say have obstructed the entrances to the U.S. Immigration and Customs Enforcement National Criminal Analysis and Targeting Center in Williston, pleaded not guilty in federal court on Thursday.

Peter Booth, 58, of Jericho, Henry Prensky, 80, of Burlington, and Sherri Wormser, 57, of Colchester are charged by the U.S. Attorney’s Office in Burlington for blocking the doors at 426 Industrial Avenue.

Two other defendants, Roan V. Wade, formerly known as Grace Hillery, 23, of Red Hook, N.Y., and Lexington Kennedy, 22, of New York City, are due in federal court in two weeks to each face trespassing charges, officials said.

The federal charges came in part after Chittenden County State’s Attorney Sarah George refused to honor the criminal trespass citations that the Vermont State Police issued this year to about two dozen people that troopers said blocked the offices at the White Cap Business Park.

The three arraignments came on the eve of another protest planned for ICE facilities in Williston on Friday, Vermont News First was told. A spokesman said a peaceful funeral march signifying people that have died in ICE custody is planned. After the march, there also is expected to be another sit-in during which some activists may opt to be arrested, the spokesman told Vermont News First.

The federal government maintains that ICE agents are saving lives by taking killers, drug dealers, and other felons off the streets. A news release on Monday noted that over the weekend, ICE agents “arrested criminal illegal aliens from across the country convicted for heinous crimes including homicide – negligent manslaughter with a vehicle, criminal rape of a child, and first-degree rape.”

“While Americans enjoyed their weekends, the brave patriots of ICE were working around the clock to arrest the worst of the worst criminal illegal aliens from our communities, including murderers, pedophiles, and rapists,” Homeland Security Secretary Markwayne Mullin said. “Sanctuary politicians do not change ICE’s mission nor its obligation to enforce the law. Every crime committed by an illegal alien is 100% preventable,” he said in the release.

Officials have said the obstructions in Williston also have prevented the public from having access to a medical facility and a cafe in the building. According to the federal charges the activists blocked entrances and exits, foyers, lobbies, corridors, and offices.

The federal charges were filed because police said the defendants crossed the line from the right of the people to peaceably assemble to actually obstructing work.

During separate arraignments on Thursday, Magistrate Judge Kevin J. Doyle agreed to release the three defendants from U.S. District Court on the condition they not commit any new federal, state or local crimes. A violation would land them back in federal court.

“It’s a serious matter. You are in federal court,” Doyle said during the Booth hearing.

Doyle rejected a request by the prosecution to require the three defendants to refrain from going within 50 feet of federal facilities occupied by U.S. Homeland Security in Vermont without prior court approval.

The judge thought the request was overly broad and could cover ports of entry or airports.

Doyle also rejected a request by Booth, a retired Champlain Valley Union High School teacher, to have a defense lawyer appointed at taxpayer expense. The judge said based on Booth’s financial affidavit filed in court that he was ineligible for free legal services.

Former Vermont Defender General Robert Appel of Cabot, who had been hired before the hearing by Prensky and Wormser, then took over Booth’s defense.

Assistant U.S. Attorney Nate Burris said the case against the defendants includes audio and video evidence and Vermont State Police reports and cameras.

Appel asked for 45 days to review the evidence and to consider filing pre-trial motions.

Burris also asked that the defendants file a notice with the court that they were willing to proceed with the same lawyer to avoid legal problems down the road due to potential conflict of interest. Defendants in the same criminal case are often urged to have separate lawyers due to competing interests in the same case.

After their respective arraignments each individual defendant was taken by deputy federal marshals to an upstairs office to have their mugshots and fingerprints taken.

After the arraignment for Booth, who is vice chair of the Jericho Selectboard, Appel told reporters that one motion he is likely to file is for the dismissal of the charges on First Amendment rights.

Appel said filing the trespass charge in federal court appeared to be a novel idea and he planned research to see if there had been other cases.

Appel said his clients also have maintained that there were no signs at the facility warning them of trespassing consequences.

NCATC leases office space from White Cap Ventures LLC and is therefore a federal facility and federal property under the law, the charges said. They also state there are signs by the doors that note the space is federal property and indicate: “WARNING: Criminal offenses committed on these premises will be prosecuted under Federal Law.”

The court charges note there are signs throughout the multi-unit commercial building that identify it as private property. The signs also say no trespassing and no loitering. They also state: “This building is intended for tenants and their invited clients & guests. Unauthorized access is not permitted.”

During the arraignment for Booth, Appel also objected to the request to stay at least 50 feet away from HIS property. Appel said the request was “grossly overbroad” and that the White Cap building also hosts an office for the Department for Children and Families and other offices.

He said Booth’s wife also gets therapy at an office in the White Cap building.

Booth, Kennedy, who was a May graduate from the University of Vermont, Prensky, Wade, and Wormser face up to 30 days in prison and up to a $5,000 fine if convicted on each count they face.

All five defendants have been charged with positioning themselves in front of the doors between the White Cap atrium and NCATC, which is operated by ICE, on Feb. 9, while four were charged with a second trespass.

The Williston facility is used to help track the “Worst of the Worst,” which White House Border Czar Tom Homan has said ICE is seeking to remove. Protestors have become upset that other wanted people illegally in the country have been located during the raids.

All five were arrested and removed on Feb. 9 from the Williston facility, police said.

However a group including Booth and Prensky returned on May 14th and were arrested again by Vermont State Police after obstructing access to NCATC, court records show. They were warned to leave multiple times, but opted to get arrested, police said.

Wade and Kennedy, who were arrested on Feb. 9, were among those that also returned for a protest on July 24 and blocked the doors again, court records show. They were warned, but refused to leave and were arrested again.

Public access to the federal facility was restored only when law enforcement physically removed the defendants and others from the building each time.

Booth, Prensky, Wade and Kennedy are facing two counts of trespassing, while Wormser has been charged with one count.

Wormser has been one of the more vocal activists. She spoke at a Statehouse hearing about an ICE operation in South Burlington in March.

Wormser also was vocal during a protest in August when some colleagues were upset that ICE was allowed to use public facilities at the Patrick J. Leahy Burlington International Airport in South Burlington to transport illegal immigrants during deportation proceedings.

Vermont Attorney General Charity Clark also said she would step in recently when Sarah George failed to file state criminal charges against 13 people arrested during a July incident. A dozen people pleaded not guilty in Vermont Superior Court in September, while a 13th defendant is being treated as a “Youthful Offender” because the Dartmouth College student is 18 years-old.

Clark has concurrent jurisdiction as Sarah George to file criminal charges. Clark has come under recent fire from far left liberal Democrats for enforcing the trespass law. Clark, who said she has protested against ICE in the past, said the law is the law and she needs to uphold it as attorney general.

Vermont’s top federal prosecutor also agreed, noting the potential public danger.

“By repeatedly blocking the entrances and exits to this federal facility, the defendants created a risk to the safety and wellbeing of the Vermonters who work there,” First Assistant U.S. Attorney Jonathan A. Ophardt has said.

“Such obstructions are dangerous, as they restrict the ability of people to enter and exit the facility, including in the event of an emergency,” he said.

“Moreover, the actions of these defendants, and others, necessitated a substantial police response, diverting law enforcement resources from other important priorities and responsibilities,” Ophardt stated.

The U.S. Attorney’s Office will prosecute all those who knowingly obstruct access to federal facilities, Ophardt said.