Freedom is Not Free: An interview with Ocie Mills

"It’s hard for people to believe, that you can become a convicted felon for something like this— lose your rights." Those were the words of Carey Mills, son of Ocie Mills. Both were found guilty of violating the Clean Water Act for placing 19 loads of fill dirt on their 65-foot sea-front property.

They were fined, served 21 months in a federal penitentiary and six months on probation. After their time in prison, they had to "restore the property to its original wetland elevation."

It all started in 1986 when the Corps of Engineers served a "Cease and desist" order to Ocie for "polluting the navigable waters of the United States." Even though Ocie had all the proper permits, was working in the area the Corp had prior agreed was not a wetland, the Corps forced the Mills into court.

With no money to hire an attorney, Ocie and his son Carey went to trial in January of 1989. The odds were stacked against them when the three attorneys from the Justice Department, the Corps of Engineers and the Environmental Protection Agency moved to disallow all of Ocie’s evidence which showed he was working lawfully with the approval of the state regulatory agency. The government argued federal law superceded local and state laws.

Unfortunately, the judge agreed and the Mills were charged under a federal indictment for a wetlands violation. "I couldn’t believe it, my knees went weak. Up to that point in time I didn’t even have a speeding ticket," said Carey. After the trial, Betsy Mills, wife of Ocie said, "I think anybody would be upset after seeing your husband and son going to prison for 21 months for something that just isn’t fair."

Then, in 1993, the Mills went back to court to protest having to lower the elevation of his property eleven inches more than it was when he originally bought it. The judge (a newly appointed federal judge) determined that the property was "probably never a wetland for purposes of the Clean Water Act."

The judge said that Ocie’s case: "…presents the disturbing implications of the expansive jurisdiction which has been assumed by the United States Army Corps of Engineers under the Clean Water Act in a reversal of terms that is worthy of Alice in Wonderland."

Then, in 1996, Quenton Wise, a juror in Ocie’s original trial came forward and admitted publicly that: "I felt almost threatened or intimidated by Mr. Smith (jury foreman) during the trial. I feel that the jury were pre-decided against the Mills by information which we received from Mr. Smith, which was not part of the evidence."

Mr. Wise was referring to information about Ocie that the jury foreman had received in confidence from his son who worked for the State of Florida Water Management office.

Ocie and his son have filed suit to overturn the conviction based upon this evidence. The U.S. District Court in Pensacola has ordered a hearing to hear the juror’s testimony, which could lead to a new trial and hopefully the reversal of the previous conviction. The hearing is scheduled for October 29, 1999.

Ocie’s fight for justice is a remarkable story, and it continues still today as they work to right a wrong that not only vindicates the Mills but other Americans facing corrupt environmental agencies. Just when the federal government thought they had heard the last of Ocie Mills, they find themselves sitting on the other side of the bench of justice, and this time Ocie is prepared to win.

Ocie: The state was raising some concern about whether or not our lot was a wetland after the developer had filled it in 10 to 15 years ago. We said it was not wetlands. The state came down to the site and agreed where we were planning to build was not wetlands. I asked them to place blue flags marking the area we could build within, which they did.

I proceeded to put the fill dirt in on the property to build my son a home. I think I put two or three loads of sand when I got the first cease and desist letter from the Corp of Engineers.

The lot was a small lot, it was only 65 foot wide by 200 feet. They (Corp of Engineers) claimed jurisdiction over an eight or ten foot ditch on the right hand side of the lot. They told me to fill out a permit for that. All I wanted to do was open the ditch so it would properly drain.

Ocie: Right. So, I went ahead and put 19 small truck loads of sand there to build the home. That’s when I got my last cease and desist letter put on me. The next thing I knew the Federal government came in with their guns, they brought the FBI out there … with great big armor, guns, rifles, pistols. They ran the men hauling dirt off the property and threatened to arrest them.

Then they began an investigation. They questioned all of my neighbors, all of my friends and all of the people that hauled the dirt. They brought in a special investigator out of Atlanta, Georgia who spent two to four months on the case. There was an indictment issued against my son and I six months later. The indictment listed 19 counts for dumping 19 loads of sand. My son was no where near the property, his name was just on the deed. I thought it was a joke, so I went to federal court. I wanted to bring in this evidence and show I was told to do what I did.

Ocie: Yes, 21 months in prison, 6 months probation, and a fine. I can no longer vote, I can no longer carry a gun.

Ocie: About five or six years after the trial one of the jurymen saw me on television. I was at my house at 5:30 that evening watching the program, and my phone rang. It was the juror. He said: ‘Mr. Mills you were a guilty man before you even had a trial.’ I asked him to speak to my attorney and he agreed. He gave my attorney an affidavit stating that the foreman of the jury’s sons worked for the DEP (Department of Environmental Pollution), and they were giving the father information during the trial. They said that I was a terrible man, that I had been having problems, that I was a terrible polluter. They felt that I should be convicted. The juryman said it bothered him for years. When he came forward with his affidavit I called the foreman. He had passed away a year or two earlier and I got a hold of his wife. His wife said to me, Mr. Mills my husband went to his grave hating what he had done to you and your son.

Ocie: Right now the judge has issued an order saying that he is going to order a new trial. But he wanted a hearing to verify the affidavit that we have. The government has filed several motions already to stay his order.

Ocie: The way I see it, most of the American people today won’t fight an ounce for their freedom. They won’t spend a dollar for their freedom. They take it for granted. They just don’t care. They are just worried about paying their bills. They don’t realize they are losing their freedom. Private property is essential to the free enterprise system of America. If we don’t have private property we no longer have freedom in America.

I have already spent over $200,000 dollars on this battle. To continue is going to take another $100,000 dollars or even more. My wife is sick, I have a $70,000 hospital bill. I don’t know where the money will come from but I do know this is something that we must fight.

As long as I live I’m going to fight to bring justice to this matter.

Editors’ Note: Several years ago the American Land Foundation created a videotape, "Standing Ground, People, Property and Power" which features Ocie and Carey’s story. Anyone interested in obtaining a copy of this video can do so for a contribution of $35. All proceeds will go towards the legal defense fund of Ocie and Carey Mills. Please order the video by calling 1-800-452-6389 or write to American Land Foundation, P.O. Box 1033, Taylor, Texas 76574.