An Oregon attorney was recently acquitted of criminal trespass for the second time in two months after jurors rejected the prosecution’s claims that he committed a crime by refusing to leave the Portland airport.
Earnest Clarke Zacher, a private practice criminal defense attorney, was originally charged with trespassing following an incident at the Portland airport. According to reports, Zacher had consumed six White Claw hard seltzers before arriving at the airport shortly before midnight on July 12. Airline staff denied him entry to the boarding ramp for his first-class seat to Washington Dulles International Airport via Chicago because they claim he was belligerent, rude and pounded on the counter. Eventually, a United Airlines operations supervisor told Zacher that he was canceling his ticket that night and would rebook him.
A short while later, an airline representative decided not to rebook Zacher and instead called the police. When police arrived and said hello to Zacher, he replied “I have nothing to say” as he sat alone by the gate. Body camera footage shoes that the police officer responded “I don’t care. Give me your ID.” Zacher refused to provide his name or ID. Police told Zacher that he was trespassing, to which he responded “I am a criminal defense attorney. I know how this works and you don’t have probable cause.”
At that point, one of the officers told Zacher “We don’t care. We run the show.”
Zacher smiled, replying “So that’s great…that’s perfect.”
Jury Sides With Attorney
Zacher was eventually arrested for trespassing and the case went to trial. Zacher’s defense was that he believed he had reason to be in the airport because he was told that the airline was going to rebook him.
“In his heart of hearts, he believed he had a legitimate reason to remain there,” said Zacher’s defense attorney, Alexandra A. Eason.
The prosecution argued that Zacher no longer had authorization to be in the TSA-screened area of the airport after being denied entry onto the flight, but Zacher’s attorney said officers escalated the encounter because her client challenged their authority.
“Mr. Zacher challenges authority … and the powers that be didn’t like it,” said Eason. “Just because they’re in a position of power doesn’t mean they’re right.”
The jury agreed with Zacher and his attorney. After deliberating for four hours, they found Zacher not guilty of criminal trespassing.
While it certainly seems like Zacher probably didn’t make the best choices that day, that doesn’t give police the authority to infringe on his individual rights. We’re glad that the jury really took the time to understand what elements need to be present for trespassing to be committed, and we think they got this one right.
If you need help fighting a trespassing citation or a different criminal matter here in Minnesota, reach out to the team at Appelman Law Firm today at (952) 224-2277.
