Treason charge against photog dropped

BRATTLEBORO, Vt., Nov. 30 (UPI) -- The state of Vermont has decided not to press treason charges against a newspaper photographer for taking pictures of the Vermont Yankee nuclear power plant, it was reported Friday.

Jason R. Henske, on assignment for the Brattleboro Reformer, was detained for two hours on Wednesday by Vernon Police Chief Randy Wheelock, who was alerted to the photographer's presence outside the perimeter fence by plant security.

The newspaper reported Wheelock said he acted under a treason statute enacted in 1917 to protect railroads after war was declared with Germany.

Wheelock, who knew the photographer personally, told the newspaper: "Sept. 11 changed things for a lot of folk. The statute is clear on what you can and cannot photograph during a time of war."

Potter Stewart, the paper's attorney, said the law is far from clear.

"We live in a time when public security has reached a paramount need, but that need does not justify arbitrary enforcement of over-broad and vague laws, for which convictions could not be maintained," Stewart said in a statement.

Wheelock referred the case to State Attorney Dan Davis for possible prosecution, but Davis said he did not intend to press charges.

Davis said he reviewed the charge, and indicated to Wheelock that "there will be no charges based on Jason's activity at the plant on Nov. 28."

However, Davis said, "I would hope the Reformer would do the responsible thing and publish only photos that did not jeopardize the safety of the plant, its employees or the people of the county."

Vermont Yankee spokesman Rob Williams said security was simply taking routine precautions in reporting Henske to the police.

In an editorial Friday, the Reformer said it had a responsibility to ask hard questions about security at the nuclear plant, especially after Sept. 11. It was with that in mind that the paper assigned Henske to photograph the plant, noting it had published similar photos at least twice since Sept. 11 and has dozens more on file, as do other news organizations in the state.

The paper called the law under which the mere possession of such photos constitutes treason "arcane," and said, "We would be irresponsible by bending under the prevailing winds from Washington that are eroding civil liberties and undermining constitutional protections at an alarming rate."