[Ppnews] Eugene Green Scare sentencings

[Political Prisoner News]

On May 22 - June 5, ten defendants in the 
governments Operation Backfire case were 
sentenced in federal court after Terrorism 
Enhancement hearings on May 15. I paste our press 
release below, and more info is available on the 
Civil Liberties Defense Center website (<http://www.cldc.org>www.cldc.org).

Prison sentences ranged from just over 3 years to 
13 years, and sentencing was left open for the 
10th defendant sentenced, Jonathan Paul, after 
his attorney challenged the judge's application 
of sentencing guidelines. (She initially 
sentenced him to 51 months for one court of arson 
and one count of conspiracy; terrorism enhancement did not apply).

What is not included in the press release below 
is our impressions of Judge Ann Aiken.  She was 
arrogant, self-righteous and politically 
clueless. She lectured not only the defendants 
but the entire courtroom every day for long 
periods of time, bringing in quotes from books 
(her political lessons), about remorse, morals 
and how to effect political change (call the 
corporations, call your legislator). Terrorism 
enhancement was applied when she felt there was 
any attempt to influence the government: so even 
though most actions were against corporations, if 
there was mention of pending legislation, public 
land, or in one case, the unjust sentence the 
federal government heaped onto Jeff Luers, the TE 
was applied.  She also lectured family members in 
the courtroom and severly derided Chelsea 
Gerlach's parents for letting her become an 
activist at age 16, as they watched their 
daughter be sentenced to 9 years in prison. She 
praised cooperating defendants for 'doing the 
right thing' and betraying their friends and 
demanded remorse as she scolded non-cooperating 
defendants for thinking they are martyrs. It was grim.

  Briana Waters trial is scheduled for Sept. 17; 
Rod Coronado's trial in San Diego is scheduled 
for Sept. as well. More to come. (Sorry I did not 
get this out early enough to give notice of 
Daniel McGowan and Lauren Regan's appearance on 
Democracy Now! this morning, but you can get 
audio and transcript on line.) Also, link to DOJ/Gonzales press release:
<http://www.earthtimes.org/articles/show/news_press_release,117604.shtml>http://www.earthtimes.org/articles/show/news_press_release,117604.shtml


For Immediate Release: June 6, 2007


Civil Rights Outreach Committee
      Oregon Eco-Sabotage Cases Unjust and Incomplete

Green Scare Investigations Continue in Other States

Eugene, OR--The last two of ten environmental and 
animal rights activists charged with crimes of 
property destruction in January 2006 were in 
federal court Monday and Tuesday for sentencing. 
The sentencing of one defendant, Jonathan Paul of 
Ashland, Oregon, was delayed while his attorney 
files an additional brief in response to Judge 
Aiken’s questionable use of the federal 
sentencing guidelines. Daniel McGowan of New York 
was sentenced on Monday to 84 months in prison 
after pleading guilty to two counts of arson and one of conspiracy.

Sentencing in the Department of Justice’s 
“Operation Backfire” cases began in federal court 
May 22 after a hearing May 15 to determine 
whether the government’s arguments for applying a 
“terrorism enhancement” on some of the crimes of 
property damage would be taken into account. 
Judge Aiken made that determination separately 
for each individual crime for each defendant. The 
judge ruled that terrorism enhancements applied 
to four out of 20 incidents involving seven of 
the ten defendants. The enhancement could send 
the young activists to maximum-security prisons 
that house the country’s most violent offenders.

Sentences ranged from three years for Darren 
Thurston to 13 years for Stan Meyerhoff. Jonathan 
Paul’s sentence will be determined later this 
month. Information about all the sentences, 
charges and legal documents can be found on the 
Civil Liberties Defense Center website at <http://www.cldc.org>www.cldc.org.

Civil rights attorneys monitoring the cases are 
alarmed by the vilification of environmentalists 
by government prosecutors and the overreaching 
use of the terrorism enhancement. Federal law 
indicates that destructive actions designed “to 
influence or retaliate against the government” 
meet the criteria. Prosecutors have complete 
discretion to utilize this enhancement, choosing 
to label environmental defendants as “terrorists” 
while right-wing crimes, including numerous 
murders against doctors who perform abortions, 
have not been labeled thusly by the Department of 
Justice.  Judge Aiken interpreted the enhancement 
broadly, cobbling together connections among 
government agencies and the targets of the 
vandalism, primarily private businesses. None of 
the acts of property damage injured anyone.

“The rulings in these cases set a dangerous 
precedent for activists engaged in civil 
disobedience like those engaged in the historic 
Underground Railroad or lunch counter sit-ins,” 
said Lauren Regan, attorney and director of the 
Civil Liberties Defense Center in Eugene. “Many 
activists engage in lawful activities that seek 
to influence or affect the conduct of business or 
government—that’s how change occurs in this 
country. When government is corrupted by 
corporate greed, the people and their attempts to 
save the environment and end senseless cruelty are often completely ignored.

“The government and the court both repeatedly 
tried to convince the public that the use of the 
terrorism enhancement was not ‘political’ nor 
intended to label these defendants as 
‘terrorists.’ Neither statement could be farther 
from reality. Alberto Gonzalez and the FBI 
falsely accused a group of people that have never 
harmed a living thing as the ‘number one domestic 
terrorist threat’ to this country. That is 
laughable at this time in history and is simply 
being said for political gain. Whether you burn a 
building for insurance money or to save wild 
horses from horrific slaughter, the crime of 
arson should be prosecuted and punished equally. 
That is not the case with regard to these 
defendants. Anyone concerned with civil liberties 
should be scrutinizing the government’s motivations in this case.”

Though the Oregon cases have been mostly 
resolved, there are other cases in other states 
pending in what has become known as the “Green 
Scare” for its similarity to the “Red Scare” of 
the 1950s. The similarity being the government’s 
use of secret grand juries and inflammatory 
rhetoric, and its apparent political motivation 
in targeting activists who oppose government 
conduct. Briana Waters will go to trial in 
Washington State in September, as will animal 
rights activist Rod Coronado of Arizona, who 
faces charges for a speech he gave in San Diego. 
Investigations into the Earth Liberation Front 
and Animal Liberation Front continue across the 
country but will not deter the incredibly 
successful work of millions of environmental and 
animal rights activists who continue to work in the public’s interest.###



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