Swamp Defender Takes On Energy Giant's Claims To Barley Barber Swamp

Stuart, FL—Today’s victory against Florida Power & Light (FPL) was bittersweet for Stevie Lynn Lowe. The jury returned a ‘not-guilty’ verdict for the charge of Trespassing on the Barley Barber swamp, indicating that State Prosecutors, Maria Zamora were unable to establish clear property boundaries for the old-growth swamp claimed as private property by FPL . Yet, in a confusing twist of events, a verdict of ‘guilty’ was returned for the charge of Resisting Without Violence (a charge which rarely stands on its own.)

Everglades Earth First! (EEF!), the local group with which Lowe was a part of, celebrated the outcome as a victory towards truly preserving Barley Barber swamp. At the opening of the Defense’s case, Lowe’s Public Defender, Jordan Dershaw, filed a motion for a Judgment of Acquittal (JOA) based on the fact that Barley Barber swamp is a recognized navigable waterway with documented historical use for transport and commerce and its current connectivity to the L-65 Canal, St. Lucie Canal and Lake Okeechobee. The presiding County Court Judge, Stuart Hershey, denied the JOA, prompting Dershaw to present the expert testimony of hydro-ecologist Dr. Sydney T. Bacchus to establish the presence of this public navigable waterway.

Dr. Bacchus is an expert scientific witness in legal cases and has worked for several government agencies dealing with the jurisdiction of waterways, including the U.S. Environmental Protection Agency (EPA) and the South Florida Water Management District (SFWMD). Judge Hershey expelled Dr. Bacchus’ testimony from the trial, refusing to allow the jury to hear the expert testimony for themselves. The Judge used highly questionable grounds, utilizing weak case-law interpretation provided by the Prosecution.

Despite these substantial setbacks, the jury still ruled in favor of Ms. Lowe on the charge of trespassing. To a packed courtroom, the Judge sentenced Lowe to ninety days on the remaining charge of Resisting (Arrest) Without Violence. Lowe, who has no prior criminal record, was also given a year of probation, almost one thousand dollars in court and investigation costs. Supporters considered the ninety days excessive given the fact that the jury found her not-guilty on the charge for which she was arrested.

“Its a real David and Goliath story. Stevie Lowe bravely stood up to one of the largest corporations in Florida and won. FPL is destroying the natural heritage of Martin County. We need to hold FPL accountable for their destruction of Barley Barber swamp. Stevie has put us on the right path,” commented Everglades Earth First! organizer Russell McSpadden outside the courtroom.

Citing that a co-defendant of Lowe’s plead out to Judge Hershey earlier this month for a 5 day sentence, supporters stated that Lowe was being punished for exercising her constitutional right to a trial by jury.

“While Martin County has attempted to intimidate and suppress the voices of FPL’s opponents, we remain more committed than ever to protect the ancient swamp of Barley Barber for future generations.”