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Iva Henderson, at age 59, had never been on an airplane before she was subpoenaed to testify in federal court in Portland this week.
Henderson and her husband, Rich Henderson, live a small rural community near Riggins, Idaho, population 600. Both had spent two nights at the Malheur National Wildlife Refuge last winter. They said they’d gone there to protest what they viewed as the unjust federal prosecution of two Harney County ranchers for setting fire to public land.
The U.S. marshals arranged a flight for Iva Henderson to arrive Tuesday afternoon. She expected to be called by the defense in the second Oregon standoff trial the next day. She showed up at court at 8 a.m. and was told she wouldn’t be needed until later in the day. She tried to pass time at the park across the street.
By Wednesday afternoon, though, she was told she wouldn’t be called to testify at all. A witness coordinator told her a flight would be arranged for her return home Thursday. In the meantime, she was invited to sit in the courtroom and listen to the trial.
As the jury was called in Thursday, the judge asked everyone to stand, the usual procedure in federal courtrooms. Henderson remained seated in the front row of the courtroom gallery. A deputy U.S. marshal asked her to stand. Henderson didn’t. The proceeding continued.
After a break in testimony and the jury was called back in again, the deputy marshal again told Henderson to stand.
The petite gray-haired woman remained in her seat.
“It’s against my beliefs,” she told him.
He directed her to leave the courtroom if she didn’t stand. So Henderson stood up and left, and the deputy marshal followed her out.
Henderson said she was led down to the first floor of the courthouse by Federal Protective Services officers. There, she received a citation for failing to comply with courthouse signs. She was ordered to return to court in May or face an $80 fine.
“I I knew there was going to be a hassle, I wouldn’t have sat in on the trial,” Henderson said.
She said she didn’t notice signs posted on the courtroom doors, and likely wouldn’t have been able to read them without her bifocals on.
She didn’t stand for jurors “because I vow to no one. I do not recognize their oath. I do not recognize their authority. It’s against my belief system.” She believes God is the ultimate judge, not a jury.
She said she didn’t think the attention would be on her because she was an observer and not a part of the formal proceedings.
Once she was issued the citation, federal officials arranged a 3:15 p.m. flight for her return trip through Boise to Lewiston, Idaho. She spoke by phone during a two-hour layover Thursday evening in Boise.
“It’s all totally stupid,” she said. “It was one of the worst experiences of my life.”
She said she couldn’t have afforded the trip to Portland without the government-paid flights and two nights at the Residence Inn Marriott. Henderson, who has four children and 13 grandchildren, cleans homes for a living and lost work because of the trip, said her husband, who works as a handyman.
She told federal officials she won’t be able to afford a trip back to Portland and doesn’t plan to return. They suggested she seek a change of venue to a federal courthouse closer to her.
Signs on the doors to the Courtroom 9A say witnesses can’t sit in on trial proceedings. A printed “Trial Observation Order,” is posted along a wall outside the courtroom, with one paragraph that says courtroom observers “must follow all instructions of USMS and/or court personnel regarding available seating and courtroom conduct.”
Henderson said she’s not sure if she’ll pay the fine. But one thing she does know — “I’m not coming to Portland ever again,” she said.
After court had recessed Thursday, defense attorneys received an update from their witness coordinator about what had happened to Henderson.
They went into immediate defense mode. “That’s her First Amendment right,” defense lawyer Jesse Merrithew said after learning Henderson had refused to stand for jurors.
Attorney Andrew Kohlmetz added, “This is the protest that never ends.”
— Maxine Bernstein
[email protected]
503-221-8212
@maxoregonian
