The subtleties of the law lay at the heart of a ruling this week that cleared 16 striking Steelworkers and a paid photographer of trespass charges.

The directed verdict, issued Tuesday by Municipal Court Judge John Tipton, found the 17 men not guilty of trespassing on Titan Tire of Natchez property during a union rally in September – despite the fact that the men and dozens of other marchers had pushed past a gate and into the Kelly Avenue plant.

&uot;They went over the threshold, and that is technically trespassing, but it did not meet the statutory requirements,&uot; said Eileen Maher, the city’s prosecuting attorney. &uot;The judge made a good decision, a compassionate and measured decision.&uot;

Maher explained that under Mississippi law, several types of trespassing can occur and each carries its own burden of proof. Two of the most common are trespass after warning and willful or malicious trespass.

The statute for willful or malicious trespass &uot;has a heavy burden of ownership,&uot; Maher said, explaining that prosecutors must prove the ownership of the property trespassed upon.

&uot;That was a bit of a problem in this case because it has to be owned by the person making charges,&uot; she said.

Titan Tire of Natchez actually leases the Kelly Avenue property from the City of Natchez, she explained. And even &uot;proving that Titan Tire actually leases the property was a bit problematic,&uot; she added, explaining that the Board of Alderman had assigned the terms of its lease with previous operator Condere Corp. to Titan.

&uot;Trespass after warning is much more liberal in who can charge it,&uot; Maher said, adding that &uot;it can be a lessor, owner, custodian or other person.&uot;

That statute allowed Bill James, head of security at the plant, to sign the affidavits against the 16 striking Steelworkers and the union’s hired photographer. But, that statute also requires that the prosecution prove each person charged was properly informed of the trespass and told to leave.

&uot;And we couldn’t establish that each and every defendant heard that,&uot; Maher said.

Two videotapes were used as evidence. The first, a silent film, was recorded by Titan’s security camera and clearly shows the marching Steelworkers pushing open the gate while James attempts to keep it closed, Maher said.

The second tape, which includes sound, was made from a camera in the security gate house and provides an obstructed view of the gate but more than clear recordings of the sounds.

&uot;It was deafening,&uot; Maher said. &uot;They were yelling ‘scabs out, union in.’&uot;

And because of that loud chanting, Maher said the prosecution could not prove beyond a reasonable doubt – the burden of proof in a criminal case – that each of the defendants had been warned they were trespassing.

While some may call that a technicality, Maher said, it is an important part of the prosecution because proving that would prove intent to commit a crime.

&uot;It’s the difference between criminal behaviour and non-criminal behavior,&uot; she said. &uot;And as a citizen, I cherish those ‘technicalities.’&uot;

Yet getting others to understand those subtleties can be a challenge.

Dave Fines, manager of Titan Tire, was still struggling with the verdict on Wednesday.

&uot;My reaction really hasn’t changed,&uot; said Fines, who said Tuesday he was &uot;flabbergasted&uot; by the verdict.&160;&uot;No one I’ve spoken to can really understand it.&uot;

Fines said the company has not decided what, if any, step it will take next. Titan could choose to file charges in civil court, which carries a lower burden of proof, or it could file a complaint through the National Labor Relations Board, which has jurisdiction in labor disputes between unions and companies.

&uot;Our problem through this whole thing is the people who everyone else seems to have forgotten,&uot; Fines said. &uot;There are 300 good people out here doing nothing other than trying to support their families … and for them to be reviled, to be talked obscenely to daily … no one seems to care about that except us.

&uot;And it’s a crime.&uot;