Charges dropped in Wash. war protest

Trespassing charges against 16 people who protested military shipments to Iraq were dismissed because prosecutors waited too long to provide key reports to the defense.

The protesters were arrested while demonstrating against Army shipments from Fort Lewis through the Port of Olympia in May 2006.

Thurston County District Judge Susan A. Dubuisson said Tuesday that prosecutors provided sheriff's reports too late for the defense to use in court under the latest trial schedule.

"I make that decision with great regret," she said. Cheering erupted when she issued the ruling.

The judge acknowledged she could have postponed the trials but said dismissal was appropriate because what prosecutors had done amounted to gross negligence.

"This is not a proportionate response to the problem," Deputy Prosecutor James Powers said. "A more balanced solution would have been to continue the case and give them time to prepare."

Powers said the reports were late because he scrambled to prepare himself after becoming the third prosecutor assigned to the case. He said no decision had been made on whether to appeal the dismissal.

The cases against six other protesters also arrested were handled previously, and all avoided jail time.