"Ella", arrested in November 2020 on charges of having kicked police officers at a dizzying height in the Danneröder Forst during the clearing of the tree houses in the protest camp against the expansion of the A 49, remains in custody.
A small criminal division of the Giessen regional court on Friday rejected the defense's application for the release of "unknown female person 1", as she is called in the files.
The first-instance judgment of the Alsfeld district court for dangerous bodily harm, physical assault and resistance to law enforcement officials was largely confirmed, but the sentence was reduced from two years and three months to one year and nine months.
The public prosecutor's office had requested two years and four months.
As the chamber chairman Johannes Nink said in justification, the court considered it proven that the accused hit one of the officers of the special unit that was supposed to rescue the tree squatters with one of the kicks on the helmet and attacked another with his knee.
The police operation was justified, according to Nink, after the Vogelsberg district had ordered the clearing of the area through which the route of the motorway will lead.
In its plea, the defense asserted that its client had the right to self-defence against an unauthorized police operation.
In addition, the lawyers demanded that the proceedings be ended without a verdict, because the principles of a fair trial had been grossly disregarded.
In particular, there are exculpatory circumstances, above all the officials' own security,
Police officers were not in mortal danger from the attack
Video recordings had shown that the SEK officers who had climbed to "Ella" at a height of 15 meters that morning on November 26, 2020, were protected against falling by a second rope, contrary to previous reports.
The fact that they did not endanger their lives as a result of the kicks was apparently also the essential aspect for the Giessen judges to reduce the sentence.
Chamber chairman Nink said that climate protection is of course important, but that what happened on that day was an attack on the rule of law.
When he wanted to elaborate on the findings and deliberations of the court, the supporters of the defendants in the auditorium began with chants and shouts such as "Free Ella" and "Wrongful Judgment", danced and stamped their feet or drummed against the Plexiglas wall.
They were not deterred by the judge's announcement that he would clear the room.
He finally gave the order, but the activists would not be placated and could only be brought outside with great difficulty.
Nink addressed a few more sentences against the background noise, but finally gave up and ended the session with the legal notice.
The defense will likely appeal.
Political declaration in the “last word”
With the verdict on Friday, the final chapter on the controversial expansion of the A 49 in Central Hesse has probably not yet been written.
Even if in the sleet at this location in the inhospitable Gießen industrial park, where the court went to meet the conditions of the pandemic, the profound disputes about the expansion of the A 49 in view of the war in Europe no longer seem as dramatic as they did back then.
Especially when negotiations are taking place, as in Gießen, in the immediate vicinity of the initial reception center where Ukrainian families are waiting for accommodation.
They looked amazed at the people in front of the hall of the district court, who drummed, sang and repeatedly called "Freedom for Ella".
Because she does not reveal her identity, the accused is listed in the files as "Unknown female person 1".
Not even the origin of the young, petite woman is clear.
On Friday, too, she protected herself from being photographed with a file folder.
Maybe she comes from Sweden, there is also speculation about southern Europe or South America as a homeland.
On Friday, in fluent English, she essentially used the "last word" to make a political statement.
She denounced centuries-old capitalism and patriarchalism, saw her imprisonment as an attempt to suppress opposition, but on the other hand advocated peaceful coexistence in the fight against environmental destruction.
She said she would love to sit down with all of her opponents over tea and talk about how sacred nature is.