BISMARCK, N.D. - The North Dakota Supreme Court heard arguments in the cases of Mary Redway and Alexander Simon Tuesday. Both were arrested during the Dakota Access Pipeline protests.
On Oct 22, 2016, officers arrested 120 people near a construction site. Police say most of the charges doled out were for disorderly conduct.
Eventually, 90 of those cases got dismissed due to lack of evidence.
With the two on trial Tuesday, the state argues that photos were taken of Simon and Redway at the scene.
But the defense says they're not actually doing anything criminal in those pictures and don't know why these two were singled out. That question kicked the case up to the appelate courts.
"I'm hoping that the court will look at - will actually look at the trial record, and will see that there's no evidence there. There's no 'there' there - to actually convict Ms. Redway, and Mr. Simon," said Defense Attorney Sam Saylor.
The prosecution declined to comment.
A written opinion from the Supreme Court is expected in the upcoming months.