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<font size=3><br>
</font><font face="Times, Times" size=3><b>The “Green Scare” One Year and
Beyond: <br>
Looking Back, Moving Forward<br>
</b></font> <br>
<font face="Times, Times" size=3><i>Civil Rights Outreach Committee,
12/7/06<br>
</i></font> <br>
One year ago, a nationwide sweep of arrests revealed the FBI’s “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.”<br>
<br>
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 nation’s 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.<br>
<br>
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. <br>
<br>
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.
<br>
<br>
<font face="Times, Times" size=3><b>An Overview of the Eco-Sabotage
Cases<br>
</b></font> <br>
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. <br>
<br>
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. <br>
<br>
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 Paul’s arrest. Dibee, Rubin and
Overaker are believed to be out of the country. <br>
<br>
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
government’s 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. <br>
<br>
On June 28, the government arraigned non-cooperating defendants Block,
Zacher, McGowan and Paul on yet another 65-count superseding indictment.
<br>
<br>
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 government’s
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.<br>
<br>
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. <br>
<br>
Several months earlier, Daniel McGowan’s 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.<br>
<br>
<font face="Times New Roman, Times" size=3>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. <br>
</font> <br>
<font face="Times, Times" size=3>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 Paul’s 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.”<br>
</font> <br>
<font face="Times New Roman, Times" size=3>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.<br>
</font> <br>
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.<br>
<br>
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. Kolar’s recommended sentence is 5-7 years for her
role in multiple arsons. Phillabaum’s 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.<br>
<br>
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.” <br>
<div align="center"> <br>
***<br>
</div>
<font face="Times, Times" size=3><b>Misuse of Grand Juries<br>
</b></font>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.<br>
<br>
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. <br>
<br>
<font face="Times, Times" size=3>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.<br>
</font> <br>
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.” <br>
<br>
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. <br>
<br>
The federal government for now has called off Craig Rosebraugh’s grand
jury subpoena. <br>
<br>
<font face="Times, Times" size=3>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.<br>
</font> <br>
<font face="Times, Times" size=3><b>California Indictments<br>
</b></font>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. <br>
<br>
<font face="Times, Times" size=3><b>Colorado Indictments<br>
</b></font>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.<br>
<br>
<font face="Times, Times" size=3><b>Washington Indictments<br>
</b></font>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.<br>
<br>
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. <br>
<br>
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) -- Kolar’s 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<br>
<br><br>
<h1><font face="Times New Roman, Times" size=5><b>Charges Against Rod
Coronado</b></font></h1><font face="Times, Times" size=3>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 </font>devices and weapons of mass destruction. On November
2, Coronado’s 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.<br>
<br>
<font face="Times New Roman, Times" size=6><b>Support the Operation
Backfire Defendants and Grand Jury Resistance!<br>
</b></font><font size=3> <br><br>
</font><div align="center"><h1><font face="Times New Roman, Times" size=6>
<b>District of Oregon</b></font></h1></div>
<font size=3>Daniel McGowan, Jonathan Paul, Nathan Block and Joyanna
Zacher have taken plea deals that do <i>not</i> involve informing against
others. Joyanna and Nathan remain in jail pre-sentencing. Please continue
to support these four, before and after formal sentencing :<br>
</font><font size=3 color="#221E1F"><b>Nathan Block </b>#1663667 / Lane
County Jail / 101 W 5th Ave. / Eugene, OR 97401<br>
<b>Joyanna Zacher </b>#1662550 / Lane County Jail / 101 W 5th Ave /
Eugene, OR 97401<br>
<b> <i>Support group for Nathan and Joyanna:</i>
</b>supportersofnathanandjoyanna@gmail.com<br>
</font><font size=3><b>Daniel McGowan (</b>Released on bail!)<br>
<b><i> Support group:</i></b> FriendsofDanielMcG@yahoo.com;
<a href="http://www.supportdaniel.org/" eudora="autourl">
www.supportdaniel.org<br>
</a><b>Jonathan Paul (</b>Released on bail!) <br>
<b><i>Support group:
</i></b>friendsofjonathanpaul@yahoo.com<br>
<br><br>
</font><div align="center"><h1><font face="Times New Roman, Times" size=6>
<b>Non-cooperating Defendant, Washington
Indictments</b></font></h1></div>
<font size=3 color="#221E1F"><b>Briana Waters (</b>Released on
court-ordered electronic monitoring)<br>
<b> <i>Support group</i>:
</b><a href="http://www.supportbriana.org/" eudora="autourl">
www.supportbriana.org<br>
</a></font><font size=3> <br><br>
</font><h3><font face="Times New Roman, Times" size=3 color="#221E1F"><b>
Grand Jury Resistance</b></font></h3><font size=3>Donations to help
<b>Jeff Hogg</b> post-release may be sent to: <br>
Friends of Jeff Hogg / PO Box 12271 / Eugene, OR 97440<br>
One good information resource on grand juries and resistance to them is
at:
<a href="http://www.fbiwitchhunt.com/" eudora="autourl">
www.fbiwitchhunt.com</a>. This page also features information on Bay Area
grand juries.<br>
<br><br>
</font><h3><font face="Times New Roman, Times" size=3><b>Stay Informed –
Information Resources</b></font></h3><font size=3>For more information,
see cldc.org, greenscare.org and
<a href="http://portland.indymedia.org/en/topic/greenscare/" eudora="autourl">
http://portland.indymedia.org/en/topic/greenscare/<br><br>
</a></font><x-sigsep><p></x-sigsep>
<font size=3 color="#FF0000">The Freedom Archives<br>
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San Francisco, CA 94110<br>
(415) 863-9977<br>
</font><font size=3>
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