United States v. Maxwell

254 F.3d 21 (1st Cir. 2001)

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Nature of the Case

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Facts

Camp Garcia is located on the island of Vieques, Puerto Rico. The US Navy uses the base to conduct military training operations. They are live-fire training exercises. Camp Garcia is a 'closed' base, meaning that entry by members of the general public requires permission from the commanding officer. The Navy has been there for more than sixty years. The exercises have sparked numerous protests. In 2000, approximately 400 persons were prosecuted for protest-related trespasses. D joined this effort. D was arrested three times in quick succession for entering Camp Garcia without the permission of its commanding officer. The June 13 arrest occurred when D peacefully approached a naval security officer inside the north fence line of the base, identified himself as a protester, and asked for a bottle of water. P charged D. D filed a pretrial motion, accompanied by an exegetic offer of proof, reflecting his desire to present affirmative defenses based upon necessity and international law. The court ruled that the proposed defenses could not be maintained because of the lack of a proper predicate. D was found guilty and appealed. The court had imposed a thirty-day incarcerative sentence. D, in part, protests both that ruling and the court's exclusion of expert testimony related to his proposed necessity defense.