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Ed Fite


Published October 24, 2009 04:38 pm - While the sounds of the flowing river could not be heard in the courtroom, I attempted to give her a voice.

Instead of in a courtroom, let’s hold trial out by the river


By Ed Fite
Local view

As many of you are aware, the state of Oklahoma has brought suit against 11 Arkansas poultry companies.

The state is seeking injunctive relief to prohibit the companies from applying poultry waste within the Illinois River Basin.

I was subpoenaed early on as the arguments got underway and provided testimony for two days before the honorable U.S. District Judge Gregory Frizzell. The courtroom was a massive sea of energy-charged attorneys representing both sides with little room available for spectators.

Those who weren’t actively involved in my testimony and cross-examination were busily sorting through boxes of documents or hastily taking hand-written notes on those many yellow legal pads I observed from the witness stand.

As I listened intently to the questions posed by attorneys and attempted to provide them with my most honest and factual answers, I found myself glancing at the judge and wondering if it would be possible to move the trial to the banks of the Illinois River.

An autumn day on the Illinois River portrays a much more majestic backdrop than what would ever be found in a courtroom setting.

There is no expert testimony, poster board, exhibit, photograph or "high-tech" PowerPoint that could ever replicate an autumn day on the Illinois River.

To present this case at the river would afford Judge Frizzell an opportunity to hear first-hand testimony from the river herself. There could be no better truth offered.

While the sounds of the flowing river, the calm rush of water and gently lapping ripples could not be heard in the courtroom, I attempted to give her a voice.

I testified to protect the Illinois, which is so cherished for its beauty. Nestled here in the heart of the Ozark Plateau with the ever-changing oak-hickory forest, there is no more breathtaking loveliness than the brilliant colors of an autumn day and listening quietly to the river’s water sing its own song as it runs into deep, quiet pools.

I find autumn and winter as my favorite times to float as it provides a wonderful opportunity for seeing nature and wildlife.

Deer, elk, river otters, bald eagles, hawks, herons, and a variety of songbirds are common sights, along with turtles, other river life and particularly that frog "highlighted" in media summaries of my testimony.

And if one fishes deep and slow the overall fishing can rival any springtime outing.

How might the presentations change if the case took place along this stunning river setting.

As it is presently, a ruling in this court case is to be a considerable time in coming as the arguments are most likely to extend into December.



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