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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
(<a href="http://www.cldc.org">www.cldc.org</a>). <br><br>
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). <br><br>
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.<br><br>
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:
<br>
<a href="http://www.earthtimes.org/articles/show/news_press_release,117604.shtml">
http://www.earthtimes.org/articles/show/news_press_release,117604.shtml</a>
<br><br>
<br>
For Immediate Release: June 6, 2007<br>
<br><br>
</font><div align="center"><font size=6><b>Civil Rights Outreach
Committee<br>
</b></font></div>
<font size=3> </font><font size=6><b>Oregon
Eco-Sabotage Cases Unjust and Incomplete<br><br>
<div align="center"><i>Green Scare Investigations Continue in Other
States<br>
</i></b></font></div>
<font size=3> <br>
</font><font size=4><b>Eugene, OR</b>--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. <br><br>
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.<br><br>
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
<a href="http://www.cldc.org">www.cldc.org</a>.<br><br>
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.<br><br>
“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. <br><br>
“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.”<br><br>
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.###<br><br>
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