A Ball State professor has collected more than 30 faculty signatures in defense of associate history professor Abel Alves, who was found guilty in January for trespassing on a Muncie farm. The sentencing will take place at 1:30 p.m. Tuesday in Delaware County Circuit Court #5.
"I'm hoping to make the Muncie community more aware of this case," John Pichtel, professor of natural resources and environmental management, said. "I felt there was an injustice being practiced, and I wanted to assist some friends."
Alves said he and his wife Carol Blakney, who was also found guilty of trespassing, decided to stop and take a picture of Seldom Rest farm in October of 2002 on their way to a barn raising.
Pichtel sent an e-mail to select departments on campus, such as chemistry, biology, history and natural resources, looking for support. He sent the signatures, with a request for leniency for Alves and Blakney, to be printed on the Forum page of The Star Press. Trespassing is a Class A misdemeanor that can carry up to one year in prison and a $5,000 fine.
"I was somewhat dumbfounded by the court's decision," Alves said. "I was dumbfounded by the decision that you can't assume public easement on a county road, and that disturbs me a great deal actually."
Blakney reported the farm to the Indiana Department of Environmental Management in August of 2002 after noticing the pigs were covered in their own feces and suspected run-off into the Prairie Creek Reservoir.
"They were obviously ingesting their own manure. Pigs like mud, but they don't like their own waste," Blakney said. "All I could keep thinking was they're going to send (the pigs) into the human food supply. I had my camera, so I took a picture."
The owner, Kaye Whitehead, had the pigs in an unpermitted structure and there was manure run-off from the barn, according to IDEM's confined feeding operation inspection report.
Whitehead is a fourth-generation farmer, the chairman of the Delaware County Republican Party and president of the Delaware County Farm Bureau.
Alves said he chose to take the picture in October so they could document the change enforced by IDEM.
"We wanted to be fair to (the Whiteheads) and show not only the bad picture, but the good picture," Alves said. The information was posted on his wife's environmental research Web site, www.biomuncie.org.
Bobby Adams, the one eye-witness in the case, said Alves was standing on the Whitehead's gate near the barn in his deposition and by the gate in his testimony.
"He appeared to me to be on the gate," Adams said. "It doesn't make a nickel's worth if he was on the gate or off the gate. He was trespassing."
Alves said otherwise.
"I grow confused as to what they argued against me because the one eye-witness himself seemed confused," Alves said. "I never stood on the gate. Never. I wasn't even near the gate. I was at most three feet from the car door."
Adams, who parked nose to nose with Alves' car, asked him for a pen so he could write down his name and license plate number, Alves said. Alves complied. Adams said Alves was respectful to him.
Adams then informed the Whiteheads that trespassers were on their property.
"Out here in the farming community, it's like a big neighborhood watch," Adams said. "We all look out for one another."
Whitehead called the police after Adams informed her of the couple. Alves said they were never notified by the police.
Whitehead said she was concerned as to what they were doing there because this wasn't the first time people have gone on her property illegally.
"After 9-11, the agriculture community has received a number of alerts to be aware of agriculture terrorism," she said.
Alves said he has been involved in animal activist work in the past but said it was not his primary focus. He is the adviser for Ball State's Animal Defense League, which is currently inactive.
"I am not ashamed of animal protests I have attended in the past, but it's not my primary identity," Alves said.
Prosecutor Judi Calhoun said there is nothing special about trespassing cases because they are so common. Calhoun said this case in particular "has gone way beyond a normal trial." She declined to answer why.
"I think (the defense) is trying to get a lot of publicity out of the deal," Calhoun said. "I'm not asking for jail time, I just want them to understand that you can't go on property that has a no trespassing sign on it. The Whiteheads didn't do anything. All they did was report what happened."
Blakney said she is an environmental activist who runs an informative Web site for Muncie. She is a member of several environmental committees, including one on the White River Watershed Project, which Whitehead is also a member of.
"Abel is a professor at Ball State, and he is very worried about how this case will affect how the students view him," Blakney said.
Alves said there's a context to this case.
"The Whiteheads, I would think and I can only assume this, were angry that Carol filed complaints with IDEM," Alves said.
He said he was dumbfounded to find his wife guilty of trespassing for sitting in a car.
Whitehead said the fact that Blakney called IDEM was irrelevant to the case.
"We are very professional about what we do here, and that's not the case at all," Whitehead said. Whitehead also said her farm had an impeccable relationship with IDEM.
Robert Pinger, chairman of the department of physical and health science, put his name on the letter.
"Abel Alves is a very mild-mannered, intelligent and well-read person," Pinger said.
"It's hard for me to believe that he would break the law."
Records show Alves has no past criminal reports.
Assistant history professor Michael Doyle also permitted his name on the letter. He said he was shocked when he heard the jury's verdict.
"He's one of the best representatives of the department," Doyle said.
Throughout Alves' 13 years at Ball State, he has twice been a finalist for the BSU Excellence in Teaching Award and received the BSU Lawhead Teaching Award in General Education in 2000. He's also been a member and chairman of several university and departmental committees. Alves has been featured for his research in The New York Times, National Public Radio and Indiana Public Radio.
Senior Paul Spors, who has been a student of Alves' in three classes, said he doubts he trespassed.
"I was really surprised because he seems too intelligent to do something so silly," Spors said.
Alves has kept the trial apart from his classroom, freshman Chris Parker said. Alves instead posted the information about the case on his office door.
"He has been objective about it," Parker said.
Junior Naomi Briggs said she would be attending the sentencing.
"Hopefully we can support him and demonstrate solidarity," Briggs said. "This is an act to stifle activism."
Pichtel said faculty members are still sending him their names to be added to the letter.
"Details of this case aside, it is our contention that Dr. Alves and Ms. Blakney intended no malice in the 2002 event--there was no intent to harm any individual nor to damage property," according to the letter.
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