New & Noteworthy...

Trial Delayed in Case of
Protester who Heckled Intelligence Director

September 27, 2007
By John Curran Associated Press

ST. JOHNSBURY — The disorderly conduct trial of a war protester who heckled former national intelligence director John D. Negroponte at a graduation ceremony was abruptly postponed Wednesday over a legal point that must first be decided by the Vermont Supreme Court.

Despite a jury already being in place, the trial of Boots Wardinski was indefinitely put off so his lawyer and a prosecutor could file an interlocutory appeal to the state's highest court.

Wardinski, 64, of Newbury, is charged with attempted disorderly conduct in the June 5, 2006 incident at St. Johnsbury Academy, where Negroponte — who is now Deputy Secretary of State — delivered a graduation speech. During it, Wardinski stood up in the audience and told Negroponte he had blood on his hands for helping justify the Iraq war and "that everyone should be ashamed of themselves for having him there," according to a police affidavit.

Wardinski, one of two hecklers arrested at the event, spoke for about 16 seconds before being removed.

"My intent was not to keep him from speaking," he said at the time. "It was to speak out and exert my own First Amendment rights and to offer people a chance to leave."

Wardinski was charged with attempted disorderly conduct. The charge said he "recklessly created a risk of public inconvenience or annoyance when he, without lawful authority, attempted to disturb a lawful sons ..."

His lawyer, David Sleigh, says he was improperly charged.

There was no substantial public inconvenience; Negroponte completed his speech, Sleigh said. His comments were his only alleged crime, and those are protected by the First Amendment right to free speech, Sleigh said.

"Here's the rub: If they charge him with an attempt to cause a substantial disruption and acknowledge that he was thwarted — that is, that he did not create a public inconvenience — then the First Amendment protects even the attempt," Sleigh said in an interview.

Deputy Caledonia County State's Attorney Kyle Sipples said the charging document purposely used the word "recklessly" instead of "intentionally."

"By changing it from intentionally to recklessly, it's our position that we don't need to prove that he intended to disrupt the graduation ceremony. We just have to prove that he should have known that there was a substantial risk that the graduation ceremony would be disrupted, whatever his actual intentions may have been," Sipples said outside court.

Judge Harold Eaton, Jr., said postponement of the trial pending a Vermont Supreme Court ruling on the distinction was the appropriate course.

"Under Vermont law, in this court's opinion, the 'attempt' issue involves an element of intent that may be different from the 'recklessness' that is required under statute," said Eaton, who thanked jurors for the time and dismissed them.

A new panel will be picked if and when the case goes to trial. No date was set Wednesday.

If convicted as charged, Wardinski could get up to 60 days in jail and a $500 fine. He declined comment outside court.

"They never landed a glove on you, Boots," said one of his supporters, clapping him on the back after the court session ended.