Andrews v. People

800 P.2d 607 (1990)

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Nature of the Case

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Facts

On August 9, 1987, several hundred people blocked the roadway to the Rocky Flats nuclear weapons plant. Ds intended to halt the manufacture of plutonium triggers by preventing the entry of workers and materials into the federal facility. Ds wanted to close down the Rocky Flats facility and force its conversion to non-nuclear civilian use. Ds obstructed traffic to the facility and disobeyed police officers. Ds were charged and pled not guilty to violating sections 18-9-107(1)(a) & (b). Ds then served notice of their intent to employ the choice of evils defense set forth in section 18-1-702, 8B C.R.S. (1986). Ds presented fifteen affidavits from experts in the fields of sociology, international law, public health, and nuclear weapons production. The trial court ruled that the offer of proof was insufficient as a matter of law to establish the statutory foundation required for the choice of evils defense. Ds did not deny they were obstructing traffic and disobeyed the request of the State Patrol officers to move. Ds were found guilty of obstructing a highway or other passage area, and most were convicted of disobeying a reasonable request of a peace officer. They got from four to sixteen hours of community service, and fines of $40 to $100. Ds appealed and the court of appeals affirmed. Ds appealed.