[Ppnews] The Green Scare One Year and Beyond: Looking Back, Moving Forward
Political Prisoner News
ppnews at freedomarchives.org
Fri Dec 8 17:18:06 EST 2006
The Green Scare One Year and Beyond:
Looking Back, Moving Forward
Civil Rights Outreach Committee, 12/7/06
One year ago, a nationwide sweep of arrests
revealed the FBIs Operation Backfire, a vast
investigation and persecution of environmental
and animal advocacy. Today, in cities throughout
the world, events will mark this anniversary with
displays of unity and firm opposition to
government repression, Operation Backfire and the broader Green Scare.
Those arrested on December 7, 2005, and
subsequent sweeps, were accused of property
destruction intended to preserve the environment
and animal life. Despite the fact that none of
the arrestees were accused of injury to any human
or animal, Attorney General Alberto Gonzales and
the corporate-dominated Bush administration
described the accused as being the nations
number-one domestic terrorist threat. Several of
those arrested entered plea deals in the District
of Oregon to avoid sentences in excess of 1,000
years. Briana Waters, the mother of a young child
and violin instructor, still faces trial in
Washington federal court and asserts her
innocence on all counts. Several individuals are
currently being sought by federal law enforcement
and are believed to be out of the country. One of
the accused died of an apparent suicide late last
year while being held in an Arizona jail. The
government asserts that this witch hunt is ongoing and has no end in sight.
Operation Backfire arrests are the capstone of a
broader Green Scare which is strikingly similar
to the Red Scare of the 1940s and 50s. The
phrase Green Scare has been used to include not
just the cases from the Operation Backfire
indictments, but also the cases of Tre Arrow, the
SHAC7, the Auburn 3, and Rodney Coronado, as well
as recent legislation such as the Animal
Enterprise Terrorism Act, which identifies
non-violent activism as acts of terrorism if it
reduces the profitability of exploitive corporations.
Responding to this repression, supporters
designated today, December 7, as an International
Day of Solidarity with Green Scare Indictees,
Detainees, and Political Prisoners. Forty-four
events in eight different countries have now been
scheduled to take place on or around this day.
An Overview of the Eco-Sabotage Cases
On December 7, 2005, one of the largest roundups
of environmental and animal liberation activists
in American history began. Using the code name
Operation Backfire, the FBI arrested seven
people in four different states. Chelsea Gerlach,
Darren Thurston, William Rodgers, Kendall
Tankersley (Sarah Kendall Harvey), Kevin Tubbs,
Daniel McGowan and Stanislas Meyerhoff were
arrested for allegedly taking part in a wide
variety of actions the government attributes to
the Earth Liberation Front (ELF) and the Animal
Liberation Front (ALF). On that very same day,
several people across the Pacific Northwest were
subpoenaed to testify before a grand jury to be
convened in Eugene, Oregon. One of those taken
into custody, Darren Thurston (a Canadian
citizen), was served with a subpoena and later
indicted in U.S. District Court with federal
conspiracy charges and charges related to the
arson of a horse corral near Susanville,
California. Within days of the first arrests it
was revealed that a paid informant, Jacob
Ferguson, admitted to participating in several
arsons and given federal investigators and
prosecutors information which allegedly supported
the indictments. It was also revealed that
Meyerhoff had agreed to be a federal cooperating
witness almost immediately upon arrest and interrogation.
On December 22, William Rodgers was found dead in
his jail cell in Flagstaff, Arizona, from an
apparent suicide. Rodgers worked at the Catalyst
Bookstore and Infoshop in Prescott, Arizona, and
was involved in ecological struggles for many
years in different parts of the United States.
On January 20, 2006, federal prosecutors and U.S.
Attorney General Alberto Gonzales announced a
sweeping 65-count indictment, including two
conspiracy charges, against 11 individuals
relating to 17 different incidents in Oregon,
Washington, Wyoming, Colorado and California. The
indictment alleged that the accused were members
of a fictional network, referred to in the
indictments as The Family, and that they had
conspired to commit several acts of arson. The
indictment charged various defendants with arson,
attempted arson, and using and carrying a
destructive device. The destructive device
charge, 18 U.S.C. § 924(c), carries a 30-year
mandatory sentence, with a mandatory life
sentence for a second conviction of this charge.
The government used this charge and the
conspiracy charge to coerce individuals to become
informants by threatening them with multiple life
sentences for acts of uninhabited property
destruction. In addition to the six people
arrested on December 7, the Oregon indictment
also named Jonathan Paul, Suzanne Savoie, Joseph
Dibee, Rebecca Rubin (Canadian citizen) and
Josephine Overaker. Paul was arrested in Oregon a
few days before the indictment was announced, and
Savoie turned herself in soon after Pauls
arrest. Dibee, Rubin and Overaker are believed to be out of the country.
In the weeks that followed, the government
coerced and intimidated the defendants with
various threats -- primarily, life in prison.
Five individuals were then revealed as
confidential sources for the governments case.
Subsequently, on February 23, Nathan Fraser Block
and Joyanna L. Zacher were arrested in Olympia,
Washington. The government issued a new
indictment on March 15 which included Block and
Zacher who were held in custody and facing life
plus 1,115 years in prison for their minor roles in two separate arsons.
On June 28, the government arraigned
non-cooperating defendants Block, Zacher, McGowan
and Paul on yet another 65-count superseding indictment.
On July 20 and 21, Thurston, Tubbs, Tankersley,
Meyerhoff, Gerlach and Savoie pled guilty to a
variety of conspiracy, arson and attempted arson
charges in U.S. District Court in Eugene. Federal
prosecutors recommended that Thurston be
sentenced to 37 months imprisonment; Tubbs, 168
months; Tankersley, 51 months; Meyerhoff, 188
months; Gerlach, 120 months; and Savoie, 63
months. All remaining charges against these
defendants will be waived, and no additional
charges will be brought against them in other
districts if they fully and completely cooperate
with the governments terms of cooperation. The
presiding judge granted motions by the
cooperating defendants attorneys to seal all
plea petitions, cooperation agreements, and the
transcripts of the public court hearings, thus
making them unavailable for public scrutiny. On
August 22, upon the motion of the non-cooperating
defendants, this judge granted a motion to unseal
these documents but for the paragraphs regarding cooperation.
During the two days of plea deal hearings, the
government announced that it would pursue upward
enhancement of sentences for the six taking
pleas, arguing that the federal anti-terrorism
enhancement guidelines apply to their sentences
as well. At the request of the federal
government, Gerlach made an unusual statement at
the conclusion of her plea proceeding, denouncing
her actions. At the hearings of Gerlach and
Meyerhoff, the government disclosed new
allegations indicating additional arson incidents
alleged to have occurred in Phoenix, Arizona, and
the eastern district of Michigan, though neither
was charged with these incidents at this time.
Several months earlier, Daniel McGowans
attorneys filed a motion on behalf of the
non-cooperating defendants compelling the
government to disclose whether the National
Security Agency (NSA) had conducted illegal
surveillance and monitoring during the
investigation. The government acknowledged that
it did not know whether such surveillance
existed, and the Court ordered the government to file a response to the motion.
On November 9, the remaining District of Oregon
defendants Joyanna Zacher, Nathan Block, Daniel
McGowan and Jonathan Paul entered a global
resolution plea deal. (Note: Briana Waters is not
indicted in Oregon. She is the only
non-cooperating defendant in the Washington
indictment and vigorously asserts her innocence.)
Prior to their formal plea hearings, the four
defendants withdrew their NSA motion, [Briana
Waters defense team continues to pursue a
similar NSA motion in her District of Washington
case. No court hearings or rulings have been
issued at this time.] In the non-cooperation plea
agreements, the four defendants agreed to accept
responsibility for their own roles in
environmentally motivated property crimes, but do
not agree to provide information or testify
against anyone now or in the future. Complete,
non-redacted plea agreements for these four defendants are publicly available.
During the November 9 plea hearing, Joyanna
Zacher and Nathan Block each pled to one count of
conspiracy, attempted arson, plus multiple arson
charges from actions at the Joe Romania Chevrolet
car dealership in Eugene and the Jefferson Poplar
tree farm. Daniel McGowan entered a plea to one
conspiracy charge plus multiple charges of arson
relating to sabotage at Superior Lumber and
Jefferson Poplar. The government is recommending
that these three be sentenced to 96 months in
federal prison. Jonathan Paul pled to one count
of conspiracy and one count of arson for his
minor role in the property destruction at the
Cavel West horse slaughterhouse. He received a
suggested sentence of 60 months in prison. During
the hearing, McGowan made a statement to the
court that this plea agreement is very important
to me because it allows me to accept full
responsibility for my actions and at the same
time remain true to my strongly held beliefs.
Outside the courthouse, Jonathan Pauls sister
Alexandra Paul read a statement that her brother
will continue to be a person deeply committed to
the betterment of our society and the elimination
of animal and human suffering.
As with the other defendants, the government has
indicated it will seek the terrorism
enhancement at sentencing, which could result in
up to 20 additional years of imprisonment. A
status hearing to determine sentencing dates for
all of the Oregon defendants will take place in
Eugene on December 14 at 9:45 a.m. Just before
that, at 9 a.m., Gerlach and Meyerhoff are
scheduled to enter guilty pleas to additional out-of-state prosecutions.
Savoie, Tankersley, McGowan, and Paul are all out
on release pending their sentencing. All other
persons indicted in the District of Oregon who
have been located are currently in custody.
On October 4, two informants, Jennifer Kolar and
Lacey Phillabaum, pled guilty to felony charges
of conspiracy, arson, and use of a destructive
device during a violent act, all in relation to
the University of Washington fires. They also
agreed to be responsible for paying restitution
to UW and victims, if any, with the specific
amounts of which yet to be determined. Kolars
recommended sentence is 5-7 years for her role in
multiple arsons. Phillabaums recommended
sentence is 3-5 year for her role in UW arson.
Both women have been cooperating with the FBI
extensively and are free until their sentencing dates.
The case was originally started not by law
enforcement efforts, but solely by a single
informant, Jacob Ferguson, a heroin addict and
life-long arsonist and petty criminal. The
indictments were a result of statements provided
to the FBI by Ferguson, Stanislas Meyerhoff and
others were coerced into making similar
statements upon capture and interrogation.
Ferguson and Meyerhoff have admitted to their
participation in most of the alleged arsons and
have admitted leadership roles. The National
Lawyers Guild recently came out in strong
opposition to the unconstitutional life sentences
for property crimes threatened in these cases,
and stated that the government is misusing
destructive device charges and engaging in selective prosecution.
***
Misuse of Grand Juries
On March 21, Camilo Stephenson was subpoenaed to
a Denver, Colorado, grand jury and questioned
about the 1998 Vail ski resort fire. He denied
any knowledge of any of the incidents.
Jeff Hogg and Burke Morris were subpoenaed to
testify in front of federal grand juries on May
18, Hogg in Eugene, and Morris in Denver. Hogg
refused to testify before the Eugene grand jury,
and was held in contempt by Judge Michael Hogan
and sent to jail. Hogg was then placed in
custody, without having being charged with any
crime. The unlawful grand jury was scheduled to
expire on September 29, 2006. However, days
before Jeff was to regain his freedom, the
federal government extended this grand jury for six more months.
After more than six months and following the
global resolution of the remaining District of
Oregon cases on November 9, the government
finally agreed to free Hogg. On November 15, Hogg
was released from the Josephine County jail in
Grant's Pass, Oregon, rejoining his partner and
community. Hogg commented shortly after release:
I'm happy to be free and not to have compromised
my principles in the face of the abusive grand
jury system. The government continues to
threaten Hogg with another subpoena and more jail time.
In Colorado on May 28, Burke Morris answered
limited questions asked by the Denver grand jury
about his personal life, but denied any knowledge
of other incidents he was questioned about.
Morris later issued a statement: I have the
utmost respect for Jeff Hogg and hope all will
support him during his incarceration for refusing
to answer grand jury questions.
On June 27, Jim Dawson of Olympia, WA, received a
subpoena to appear before a grand jury at the
Federal District Courthouse in Seattle, WA. This
subpoena most likely came about as a result of
his partner, Heather Moore, who had been
contacted by the FBI a few months earlier. His
appearance has been postponed because he
consented to be questioned by the FBI in lieu of
his scheduled grand jury appearance. The extent
of his disclosure to the government is unknown at
this time. As a result of this voluntary
cooperation, additional subpoenas are possible.
The federal government for now has called off
Craig Rosebraughs grand jury subpoena.
Grand juries by law are authorized only to decide
whether or not to bring new indictments. In this
case, grand juries are being used to gather
evidence to prepare for trial, an illegal use of
the grand jury as defined by law. This runaway
grand jury has been convened around the country
regarding this case and the larger environmental movement since 2000.
California Indictments
On April 6, California issued its indictments in
connection with the 2001 horse corral fire near
Susanville, CA. Justin Solondz was charged by the
federal court in Sacramento, but is not in
custody. Also indicted for the corral fire were
Darren Thurston (whose plea on this charge was
integrated into his general District of Oregon
deal as a result of cooperation), Joseph Dibee and Rebecca Rubin.
Colorado Indictments
On May 18, a federal grand jury indicted Chelsea
Dawn Gerlach, Stanislas Meyerhoff, Josephine
Overaker and Rebecca Rubin for alleged
involvement in the 1998 arson of the Vail ski
resort. The Colorado federal court agreed to
transfer these charges to Oregon where Gerlach
and Meyerhoff have District of Oregon plea deals
that incorporate their Colorado charges. On
September 29, Gerlach and Meyerhoff entered
guilty pleas during their District of Oregon
arraignment for Vail-related charges; neither
Meyerhoff nor Gerlach are expected to serve
additional time in prison as a consequence of
these pleas. Meyerhoff and Gerlach swore in court
that Bill Rodgers was solely responsible for this alleged arson.
Washington Indictments
On March 30, Briana Waters was arrested in
Seattle, WA, in connection with an alleged arson
at the University of Washington Center for Urban
Horticulture in 2001. Waters, a California
resident, is a violin teacher and mother of a
young child. Waters was released from custody on
March 31 and has a court date set for May 7,
2007. She staunchly maintains her innocence to all charges.
On May 10, Washington issued a superseding
indictment. This indictment includes the
destructive device charge, 18 U.S.C. § 924(c), a
30-year mandatory sentence, for Waters. The
indictment also added Tubbs and Solondz as
defendants (with Bill Rodgers alleged
participation) for the UW arson. Tubbs
Washington charges are waived as a result of his plea deal.
Other informants in this case include Jennifer
Kolar, of Seattle, WA, and Lacey Phillabaum of
Spokane, WA. On October 4, both Kolar and
Phillabaum entered plea deals in the Western
Washington U.S. District Court, pleading guilty
to conspiracy, arson and destructive device
charges in relation to the Urban Horticulture
property damage. In addition, Kolar pled guilty
to charges relating to an attempted arson against
the Wray Gun Club, sponsors of a turkey shoot,
whose Colorado business allegedly had incendiary
devices placed nearby (the alleged devices failed
to ignite) -- Kolars Colorado charges were
transferred to the Western Washington District
before the hearing. Charges against Kolar in
relation to an alleged arson in Redmond, Oregon
against a horse-meat processing plant, will also
be transferred to Washington federal court soon.
During the hearing, Kolar received a suggested
sentence of 5-7 years in federal prison despite
facing a mandatory life sentence, Phillabaum, 3-5
years. Formal sentencing for Kolar and Phillabaum
is currently scheduled for January 5, 2007. Both
Kolar and Phillabaum were released without bail
following their pleas. Both have been provided
significant reductions in their recommended
sentences as a result of extensive cooperation
with the federal government against the remaining non-cooperating defendants
Charges Against Rod Coronado
In a related but separate case, federal
prosecutors in San Diego unsealed an indictment
in February 2006, charging environmental and
Native American activist Rodney Coronado with
demonstrating how to use an incendiary device.
After a lecture in 2003, Coronado, 39, of Tucson,
Arizona, answered a question about how he made an
incendiary device used in an action that he had
spent four years in federal prison for several
years ago. Coronado was charged with distribution
of information relating to explosives,
destructive devices and weapons of mass
destruction. On November 2, Coronados lawyer
argued that the statute under which Coronado was
charged violates the First and Fifth Amendments
of the U.S. Constitution. On November 15, the
judge denied this motion, stating that this
statute is not unconstitutional in all its
applications. However, arguments as to whether
the statute as applied to Coronado himself is
illegal will be heard at trial. Coronado is
currently in federal custody as a result of a
federal conviction regarding his attempt to stop
a mountain lion hunt by the federal government.
Support the Operation Backfire Defendants and Grand Jury Resistance!
District of Oregon
Daniel McGowan, Jonathan Paul, Nathan Block and
Joyanna Zacher have taken plea deals that do not
involve informing against others. Joyanna and
Nathan remain in jail pre-sentencing. Please
continue to support these four, before and after formal sentencing :
Nathan Block #1663667 / Lane County Jail / 101 W 5th Ave. / Eugene, OR 97401
Joyanna Zacher #1662550 / Lane County Jail / 101 W 5th Ave / Eugene, OR 97401
Support group for Nathan and Joyanna:
supportersofnathanandjoyanna at gmail.com
Daniel McGowan (Released on bail!)
Support group: FriendsofDanielMcG at yahoo.com; www.supportdaniel.org
Jonathan Paul (Released on bail!)
Support group: friendsofjonathanpaul at yahoo.com
Non-cooperating Defendant, Washington Indictments
Briana Waters (Released on court-ordered electronic monitoring)
Support group: www.supportbriana.org
Grand Jury Resistance
Donations to help Jeff Hogg post-release may be sent to:
Friends of Jeff Hogg / PO Box 12271 / Eugene, OR 97440
One good information resource on grand juries and
resistance to them is at: www.fbiwitchhunt.com.
This page also features information on Bay Area grand juries.
Stay Informed Information Resources
For more information, see cldc.org,
greenscare.org and http://portland.indymedia.org/en/topic/greenscare/
The Freedom Archives
522 Valencia Street
San Francisco, CA 94110
(415) 863-9977
www.freedomarchives.org
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