| REBECCA
RUBIN AT DUBLIN
Rebecca has landed at Dublin. This is
the federal facility where she will serve out her sentence.
Please take a moment to send her a note to let her know
you're thinking of her. You can send her cards or letters
to:
Rebecca Rubin #98290-011
FCI Dublin
Federal Correctional Institution
5701 8th Street - Camp Parks
Dublin, CA 94568
***
DANIEL
BACK AT HALFWAY HOUSE
(from Family and Friends of Daniel McGowan)
Just a quick note to let everyone know,
Daniel is no longer being held at MDC Brooklyn! This
afternoon, the Bureau of Prisons released him back to
the halfway house, as they had made a serious error.
The Center for Constitutional Rights issued a statement
today which read: "Daniel McGowan has been released
from the Metropolitan Detention Center in Brooklyn where
he was taken into custody yesterday and is back at the
halfway house where he has been residing since his release
from prison in December. Yesterday, Daniel was given
an "incident report" indicating that his Huffington
Post blog post, “Court Documents Prove I Was Sent
to Communication Management Units (CMU) for My Political
Speech," violated a BOP regulation prohibiting
inmates from "publishing under a byline."
The BOP regulation in question was declared unconstitutional
by a federal court in 2007, and eliminated by the BOP
in 2010. After we brought this to the BOP's attention,
the incident report was expunged."
The Huffington Post published an updated article with
this and other information. Go here to read:
http://www.huffingtonpost.com/2013/04/05/daniel-mcgowan-jailing_n_3021613.html
Read CCR's full press release here: http://bit.ly/10DBTpG
Thank you for your continued support and any letters
you may have sent yesterday or today.
Daniel is very appreciative of all your love and support.
***
DANIEL
TAKEN INTO CUSTODY
Daniel McGowan was taken into custody
the morning of April 4th. Details are still forthcoming,
but for recent updates on the situation, check the links
below. Please consider writing Daniel a letter to let
him know that folks out here are thinking of him! You
can write Daniel at:
Daniel McGowan #63794-053
MDC Brooklyn
Post Office Box 329002
Brooklyn, New York 11232
Huffington
Post Article
Denver ABC
Green
is the New Red
***
REBECCA'S
NEW ADDRESS
(updated 2/14/2013 - Rebecca
was recently moved AGAIN...to a different facility in
Portland. Her new address is below.)
Here is Rebecca's new address:
Rebecca Rubin 770288, 8A20
MCIJ
11540 NE Inverness Dr.
Portland, OR 97220
Please remember that all mail is read by the authorities.
For helpful information on how to write a letter, please
go here.
***
REBECCA
RUBIN IS BEING TRANSFERRED
It appears that Rebecca Rubin is being transferred
from SeaTac. We will post her new address here once
it becomes available.
***
CALLOUT
FOR MARIE'S BIRTHDAY!
(from Marie's Support Crew)
Mason's 51st birthday is coming up on
January 26, 2013. We are asking that folks hold events
for Marie around her birthday as part of what will be
an annual time to celebrate her life and keep her spirits
up while she remains imprisoned.
We know that the mid-winter holidays are a busy time
for everyone, but they are a sad time for the prisoners
who remain inside - and everyone wants some cheer on
their birthday! So we hope that folks can find time
to plan a small event for Marie, such as a letter-writing
or birthday party. (If time permits, we recommend that
you might want to hold letter writings a week or more
earlier so the cards can reach her before the 26th.)
Some people are confused about Marie's mail situation.
It is true that she can only send letters to a pre-approved
list of 100 people. However, she can receive letters
from anyone and so she will be able to receive all these
birthday wishes. (Please be sure that the sender's first
and last name are on the envelope, that letters are
all in English - she can receive letters in other languages
but will be delayed - and that cards do not have glitter
or other things added to them.)
Last, if you are planning a public event for her birthday,
please tell us and we'll include the information on
the website.
Support Marie Masonwww.supportmariemason.org
***
REBECCA
RUBIN'S ADDRESS
Rebecca is currently at SeaTac in Seattle.
If mainstream media articles are accurate, she will
eventually be moved to Oregon for court proceedings.
We do not know when this will happen, but in the mean
time you can write her at;
Rebecca Rubin #98290-011
FDC SeaTac
Federal Detention Center
P.O. BOX 13900
Seattle, WA 98198
Please remember that all mail is read
by the authorities. Do not talk to Rebecca about the
charges against her or her case. Prisoners can and often
are punished for things that other people say in correspondence.
Please be conscientous when writing!
***
REBECCA
RUBIN IN CUSTODY
(from ELP)
Dear friends,
News is coming in that the Canadian environmentalist
Rebecca Rubin has handed herself into the American police.
Rebecca is accused of involvement in a conspiracy that
saw multiple ELF & ALF
arsons between 1996 and 2001. The charges against Rebecca
include an arson in 1997 against the U.S. Bureau of
Land Management Wild Horse and Burro Facility in Harney
county near Burns and in a 1998 attempted arson at the
offices of the U.S. Forest Industries, Inc., in Medford.
Rebecca is also accused of involvement in a 1998 arson
attack that destroyed the Two Elk Lodge and other buildings
at the Vail ski resort in Eagle County, Colorado. Here
is a mainstream media article about Rebecca:
http://www.oregonlive.com/pacific-northwest-news/index.ssf/2012/11/accused_eco-saboteur_rebecca_r.html
At the moment we do not have an address for Rebecca,
but if anyone knows where she
might be held please contact ELP as soon as possible.
Earth Liberation Prisoners
Support Network
DANIEL
MCGOWAN SET TO BE RELEASED DECEMBER 11TH!
(from the CLDC)
Daniel McGowan is supposed to be released
on 12/11! We are nearing that date, and he needs some
financial support upon returning home. If you are interested
in supporting him financially, please mail a
check made out to "Jenny Synan" to:
Civil Liberties Defense Center
259 East 5th Avenue, Suite 300 A
Eugene OR 97401
In addition, if you would be willing to plan a benefit
to raise money for his release, please take the initiative
and do so! If you are unable to get something together
before 12/11, that's fine, but it would be nice to have
a bunch of money for him upon his release. For more
info on Daniel, visit his website at: www.supportdaniel.org.
ERIC
MCDAVID'S BIRTHDAY - OCTOBER 7TH!
(from Eric's support crew)
Dear friends,
Eric's 35th birthday is on October 7th! Please take
a minute to send him a card or a letter. Let's make
sure he knows he is still present here with us every
day (but maybe especially so on his birthday...).
You can write to Eric at:
Eric McDavid 16209-097
FCI Terminal Island
Federal Correctional Institution
PO Box 3007
San Pedro, CA 90731
If you would like more information on how to write
Eric, please visit:
http://www.supporteric.org/howtohelp.htm#Letters
Thank you all for your continued support!
Yours,
SPS
***
UPDATE
ON KRUK AND AGRANOFF - BOTH COOPERATING
(The following comments are based on notes
from those who attended the hearing in Indianapolis.
Thanks to them for their help!)
Daniel Kruk appeared in federal court in Indianapolis
on Thursday, July 19, to offer a guilty plea and for
sentencing. At this hearing, it was disclosed that Kruk
has been cooperating with the feds since 2009. When
referencing his cooperation, the judge claimed Kruk
had been "proactive." His lawyer said he was
the most truthful client she had ever worked with and
that he told her the complete truth about everything
during their first meeting. It also became clear that
there was at least one co-conspirator whose identity
has not been made public. It is possible that either
the statute of limitations expired on their alleged
crimes before the feds were able to indict, or it is
possible that they are also cooperating and that is
why the documents in Kruk's case remain sealed (including
his plea agreement).
According to the prosecution in Kruk's case, David
Agranoff began "negotiating with the state on various
issues" in 2009.
Motions to unseal documents and motions filed by the
defense in Kruk's case were denied by the judge at the
hearing on the 19th. This could indicate that other
individuals who have not been indicted are named in
these documents. It could also mean that there is information
in those documents about informants who may or may not
be known to the public.
Michael Fries, an IMPD officer who works with the FBI
and JTTF, testified that Kruk was instructed by David
Agranoff to carry out the action charged in the indictment.
He also claimed that the action was supposed to create
a distraction from the actions of Marie Mason, Frank
Ambrose and David Agranoff.
The prosecutor in Kruk's case claimed that 43 of the
57 acts of "terrorism" in the US from 2000-2005
were carried out by the ELF/ALF. She claimed that these
actions caused over $50 million in damages. Like agent
Fries, the prosecutor went on to state that Kruk's actions
were intended to cover up actions of ELF "leaders"
in Bloomington.
Kruk was facing a sentence of up to 5 years and a fine
of up to $150,000 in restitution. Because of his cooperation
he received 4 years of probation (no jail time), 2 years
of community service (one 8-hour day a month), and a
$5000 fine.
Anyone who has had contact with Kruk or Agranoff, or
who has particpated in actions with them should know
that their comments/activities are quite possibly known
by the feds.
Be safe! Support non-cooperating defendants!
For the wild,
Ecoprisoners
***
BRIANA
WATERS SENTENCED TO 4 YEARS
Briana Waters was sentenced on Friday,
June 22,2012, to 48 months in prison. Waters was originally
convicted and sentenced to 6 years in prison after a
trial (in 2008) during which she maintained her innocence.
She won an appeal to the 9th Circuit in 2010 and was
granted a new trial. Rather than carry through with
trial, Waters accepted a plea
bargain in June 2011 which required her full cooperation
with the government. This included testifying against
her former partner, Justin Solondz, who had recently
been arrested in China and was awaiting extradition
to the US, as well as (as her sentencing
memorandum pointed out) "others who are still
fugitives." Since Waters was in prison for about
3 years before winning her appeal and getting released,
she will likely be in less than a year (and then will
be sent to a halfway house).
In the government's
recently filed sentencing memorandum, they wrote,
"Because the Government believed it required Waters’
cooperation in order successfully to prosecute Solondz
(who was scheduled to be returned from China in time
for Waters’ retrial), the Government had to offer
Waters something less than six year’s imprisonment."
Without Waters' cooperation, it is unclear what Justin's
fate might have been. In December 2011, Justin signed
a non-cooperating plea agreement and was sentenced to
7 years in a federal prison. He is currently serving
his time at FCI Loretto in Pennsylvania (see below).
Waters was seeking a recommendation from the court
that she be sent directly to a halfway house to reduce
the amount of separation from her daughter. The government
argued against this in their filings, and the court
instead recommended that Waters be sent to FCI Dublin,
outside of Oakland, CA.
As is often the case in plea agreements such as hers,
the extent of Waters' cooperation is unknown. What we
do know is that her plea agreement specified that her
cooperation could continue even after she has been sentenced
- to not cooperate at any time would be a breach of
the agreement.
We also know that the government filed at least one
document under seal during the sentencing process. In
a motion to seal
the "Government's Filing Concerning Defendant's
Sentencing" the government wrote, "This motion
is made on the ground that disclosure of the information
in that filing could result in a threat to the safety
of a person or persons." These "person or
persons" are, presumably, people who are cooperating
with the government and informing on others. This could
be Briana or any of the other cooperating Green Scare
defendants - or it could be people who are as of right
now unnamed.
As always, be safe! Don't talk to the cops! And support
non-cooperating defendants!
***
JUSTIN
SOLONDZ ARRIVES AT FCI LORETTO
After being extradited from China and
convicted of Earth Liberation Front actions in the United
States, Green Scare target Justin Solondz has been transferred
to a prison in western Pennsylvania. This puts him much
closer to his parents than when he was imprisoned at
FDC SeaTac. Please let
Justin know you're thinking about him by sending a card
or letter to:
Justin Solondz #98291-011
FCI Loretto
Post Office Box 1000
Loretto, Pennsylvania 15940
***
GRAND JURY
SUBPOENAS ISSUED FOR NORTHERN DISTRICT OF CA
Here is a link
to an article, including a statement from one individual
who received a subpoena. It seems likely that other
subpoenas have been/will be issued. Remember: don't
talk to the cops. You are not required to, and you shouldn't.
And support grand jury resisters! People who stand strong
in the face of repression deserve our support. Stay
tuned – we will post more info as it becomes available.
SADIE
AND EXILE RELEASED TO HALFWAY HOUSES!
Sadie and Exile have both been released
from prison and are now at halfway houses. This is great
news! Please stay tuned as we will post more info as
it becomes available – including addresses for
letters and other ways you can support Sadie and Exile.
Remember – support doesn't end when someone is
released from prison. We must ensure our friends and
comrades have all they need as they begin this next
phase. Please come back soon to find out more about
ways you can help. And welcome home, Sadie and Exile!
NEW
INFORMATION ON INFORMANTS (AMBROSE AND AGRANOFF) AND
MIDWEST PROSECUTIONS
On April 9th, 2012, Frank Ambrose was
resentenced
to 70 months in prison. This is a significant reduction
in his sentence, which was originally 108 months. Ambrose's
projected release date is now December 2013. This reduction
in sentence is NOT the result of an appeal. Rather,
the reason for this unusual reduction in sentence midstream
is Ambrose's continued "substantial assistance"
to the government in "investigating or prosecuting
another person." While we don't have any documented
evidence of exactly who Ambrose has been snitching on,
we do know the context in which his resentencing has
occurred.
In December 2009, the government filed – then
immediately sealed – an indictment against Jesse
Waters for his alleged involvement in an arson of logging
equipment in Mesick, MI in January 2000. This is one
of the two actions to which Marie Mason eventually ended
up pleading guilty. Frank Ambrose also admitted his
involvement in this action. In the government's motion
to unseal the
indictment against Waters in March 2011, they stated:
"one of the Government’s anticipated witnesses
was actively assisting the FBI as a cooperating human
source (CHS) in its conduct of another arson investigations
[sic] in numerous other Federal judicial districts.
In order to avoid compromising the identity of that
CHS before his or her investigative utility was exhausted.,
the Government sought and obtained an Order sealing
the case for an indefinite duration." They were
unsealing the indictment because the CHS was scheduled
to testify in another trial in the Southern District
of Indiana on May 23, 2011, effectively outing them
as an informant. Daniel Kruk's trial was originally
set for this day in the Southern District of Indiana.
It would seem that the same informant was operating
in both of these cases.
On March 27, Daniel Kruk (who has been indicted for
his alleged involvement in an arson at the Republican
National Headquarters in Bloomington, IN in 2000) filed
a Motion to Compel Production of Brady Materials. The
following day, March 28, the government filed an Emergency
Motion to Seal Kruk's
Brady motion. At that point in time, Kruk's motion was
removed from the docket. We don't know exactly what
was contained in those documents. What we do know is
that the government's motion to seal reads: "The
above referenced pleadings should be sealed as they
contain law enforcement sensitive materials, pleadings
that were filed under seal and that remain under seal,
and other materials for which there is a law enforcement
need to remain confidential." In Kruk's response
to the government's motion to seal, his lawyer wrote:
"Defendant is completely unable to ascertain what
information in his motion and brief constitutes sensitive
material. For example, the documents related to Agranoff
attached as exhibits can now be located on the internet.
See http://waronsociety.noblogs.org/?p=3657.
The U.S. Bureau of Prisons website advises that Agranoff
is a federal inmate residing at a low security facility
in Arkansas. Agranoff even maintains a blog site. http://davidagranoff.blogspot.com/."
On April 12, the court ruled
on these motions, granting the government's motion to
seal. The court also stated that Kruk has indicated
he will be changing his plea. The order read, in part:
“Accordingly, the Government’s Motion for
Protective Order [Dkt. Nos. 43 & 20] is GRANTED
and Defendant’s Motion to Compel [Dkt. Nos. 45
& 22] is DENIED, except that the Court will permit
counsel for Defendant Kruk along with their client to
review, but not to have possession of or make copies
of: (1) the transcript of the sentencing hearing for
Defendant David Agranoff conducted on January 13, 2012,
before the Honorable Tanya Walton Pratt; (2) Agranoff’s
plea agreement [Dkt. Nos. 44-3 & 21-3]; and (3)
the Agranoff pre-sentence investigation report [Dkt.
Nos. 44-6 & 21-6], in order to fully prepare for
the upcoming change of plea and sentencing hearing scheduled
for Mr. Kruk, on the chance that said materials may
prove relevant to rebut or distinguish the appropriateness
of a sentencing enhancement sought by the Government.”
The fact that Agranoff's paperwork is referenced so
consistently in Kruk's motions is troubling.
It seems that there is clearly a connection between
the cases of Agranoff and Kruk. We also know that there
are two case numbers listed on Kruk's court documents.
One of them is the case resulting from Kruk's alleged
involvement in an arson at the Republican Party Headquarters
in Bloomington, IN in 2000. The other case, however,
does not come up in any searches of court documents.
This might indicate that the case has been sealed.
The court in Agranoff's case has also taken the unusual
step of removing almost all the documents from his docket
including the indictment and the plea agreement. They
recently sealed the sentencing transcripts as well.
We don't know who else might be involved in these cases
or if there are people who have yet to be indicted.
What we do know is that Agranoff and Ambrose have cooperated
with the state in ways that are still unknown and may
be continuing to cooperate with the state. There very
well may be further indictments coming down the line
and there also might be indictments already filed that
have yet to be unsealed.
Stay safe. Be smart. If old friends come around asking
questions about past actions, politely decline to engage
in those conversations. And don't talk to the cops.
In solidarity,
Ecoprisoners.org
***
HELP DANIEL
FIND A JOB!
(from Daniel's Support Crew)
Dear Friends and Supporters,
In a nice change of pace from the usual tenor of our
communications, we are happy to report some really good
news: Daniel McGowan’s stay in the CMU is coming
to an end! Despite many punitive measures over the course
of the years, Daniel has maintained a sterling record
in prison and has accrued enough “good time”
to take 1 year off his 7-year sentence. What is even
more exciting is that he has qualified to serve the
last 6-months of this time in a halfway house in Brooklyn,
beginning in December 2012! After so many years, and
so much antagonism from Federal authorities, we are
overjoyed to welcome Daniel back home, where he belongs.
The support you all have shown over these past 5 years
has helped Daniel get through what are undoubtedly the
hardest years of his life. Now that he is on the verge
of rejoining us, and never looking back upon these dark
times, the focus of support for the Family and Friends
of Daniel McGowan is in assisting him in his re-entry
and securing him meaningful employment. Not only is
finding a job an important condition of Daniel’s
being in the half-way house — in addition to his
supervised release once he is done with his sentence
— but it is also extremely important to Daniel
himself, who joins thousands of other ex-prisoners who
struggle to find employment because of their prior records.
Lots of people are looking for work these days, and
it’s a daunting task for anyone. However, while
Daniel is as highly-motivated and hard-working as many
others seeking employment, it is obvious that he faces
serious hurdles in getting a job because of his conviction.
Daniel is a warm, intelligent, passionate, and dedicated
person and he would love to find employment at a place
that is doing work he cares about and finds meaningful.
Over the years many of you have asked how you can help
— helping Daniel find such a job would be the
most important thing you could ever do for him.
In addition to having a Bachelor’s degree, Daniel
completed a paralegal course as well as every continuing
education and vocational course available (over 25!)
while in prison despite limited opportunities for education,
as well as frequent moves. He is extremely driven and
has a broad skill-set that he is looking to utilize
at a NYC-based, non-profit organization. Much of Daniel’s
career experience from 1997 onward is within the non-profit
world he has ample experience in development/fundraising,
communication and IT positions. He has a particular
interest in working as a paralegal for civil liberties
organizations but would welcome and appreciate work
in any of these fields/areas:
*Civil liberties/Free speech
*Social justice
*Prison reform
*Food justice/security
*Urban agriculture
*Recycling
*Reproductive rights
*LGBT issues
*Anti-war
*Climate change
*Harm reduction/Drug policy
*Prisoner re-entry
* “Green-collar”
*Alternative energy
*Legal
*Sustainable transport
*Environmental justice
*Domestic violence
If you work for a NYC-based non-profit, have a close
friend, partner or contact at one, or have a specific
organization in mind that might be open to hiring Daniel,
we’d love to hear from you!
All emails can be directed to friendsofdanielmcg@yahoo.com.
Please put “jobs” in the subject line.
His resume will be made available upon request.
Thanks and please spread the word!! http://supportdaniel.org/blog/?p=43
***
TOWARD
A RE-COGNITION OF CHOICE - NEW ZINE FROM ERIC!
(from Eric's support crew)
Dear friends,
We wanted to let you know that a beautiful new zine
of writings by Eric is now available from the good folks
at Because We Must. You can order it online here:
http://www.becausewemust.org/shop/toward-a-re-cognition-of-choice-writings-by-eric-mcdavid/
All of the proceeds from the zine will go to Eric's
support fund.
A HUGE special thanks to the person who compiled the
zine and put together the artwork. You know who you
are... We think you're awesome.
The zine will also be available at all of the Never
Alone Tour stops. For a complete schedule and updates,
visit: www.neveralonetour.wordpress.com
We hope to see you all there!
Yours,
SPS
***
JUSTIN
SOLONDZ SENTENCED TO 7 YEARS
On Friday, March 16, Justin Solondz was
sentenced to 7 years in a federal prison with three
years supervised release. The terrorism enhancement
was applied. This was the sentence that both the defense
and the government were recommending. The defendant's
side of the courtroom was full of family and friends
who were there to show their support for Justin. Thanks
to everyone who came out to support Justin and his family
during this difficult time.
While the judge in Justin's case has made a recommendation
for Justin to be moved to a facility out east to be
closer to his family, there is no guarantee that this
will happen. The coming weeks could be difficult for
Justin and his loved ones as they wait for him to be
moved. Please send Justin a note of support and let
him know you're thinking of him. Letters can be sent
to:
Justin Solondz #98291-011
FDC SEATAC
Federal Detention Center
PO Box 13900
Seattle, WA 98198
Please remember that all correspondence is read by
the authorities. For some guidelines on writing prisoners,
visit: http://ecoprisoners.org/howtohelp2.htm#letters
Please stay tuned for more information. As soon as
Justin is moved we will post his new contact info.
***
FRANK AMBROSE FILINGS
After a long period of inactivity, 10
sealed documents have recently been filed on Frank Ambrose's
docket. On Dec 21, 2 motions from the AUSA, on Dec 22
an order, on Jan 12 an AUSA motion, on Jan 12 an AUSA
document, and on Jan 17 an order. Then, on March 2,
a sealed motion and 2 sealed documents; and on March
5th a sealed order. Frank Ambrose is an activist turned
informant who provided
the government with information against Marie Mason
and others.
These sudden secret filings on the docket of a confirmed
informant are cause for concern, though it is unclear
what to make of it. What is disturbing is that this
is occurring in the context of continuing prosecutions
in the Midwest. The most recent of these was against
David Agranoff, who
agreed “to cooperate by attempting to provide
substantial assistance to the government.”
Agranoff’s plea agreement, indictment and other
documents have been removed from his docket.
Additionally, it is still unknown who the informant
is in the cases of Daniel Kruk (Indiana) and Jesse Waters
(Michigan) - although it appears from the legal documents
in those cases that the informant is not Frank (or at
least he is not the only one). The court documents also
seem to indicate that the informant in those cases is
male and was involved in actions that took place in
Michigan and Indiana in 2000 (although there might be
more). Jesse Waters was recently sentenced and Daniel
Kruk’s case
has not been settled.
We will post more information as it becomes available.
***
JUSTIN
SOLONDZ PLEADS GUILTY - SUPPORT NEEDED!
On December 20th, Justin Solondz plead guilty
to one count of conspiracy and one count of arson in
the Western District of Washington. These charges stem
from an arson at the University of Washington in 2001.
The charges could carry as much as 25 years in prison
(if served consecutively). The prosecution has indicated
they will ask for 7 years, but sentencing is at the
sole discretion of the judge.
There is no cooperation
clause in Justin's plea agreement and the only people
he names are people who are already cooperating with
the state or who are deceased. A copy of the plea agreement
can be found here.
Justin's sentencing is currently set for
March 16, 2012.
Justin is facing many years in prison
and could use everyone's support. Please consider sending
him a letter with words of support and encouragement.
For information on how to write Justin, please go here.
JORDAN
HALLIDAY LOSES APPEAL - SUPPORT NEEDED!
(reposted from Jordan's Support Committee)
Dear friends,
We sincerely regret to inform that Jordan Halliday lost
his appeal this morning. We have attached the 10th circuits
ruling below.
It is crucial that we show solidarity and support for
Jordan in everyway we can. We are calling for solidarity
actions from January 21st - 28th, 2012 to show support
for Jordan Halliday and grand jury resistance.
During the summer of 2008, the FBI approached Jordan
at his place of employment; he refused to answer their
questions and told them to leave. They warned him that
they would return with a subpoena to testify before
a grand jury and six months later they followed through
with their threats. They subpoenaed both Jordan, and
another ‘activist’ Nikki Sanford (Viehl)
who chose to testify. Jordan, however, chose to resist
the grand jury in protest due to its abusive and archaic
nature.
In March 2009, Jordan appeared before federal grand
jury investigating a series of underground animal liberation
activities in Utah. He asserted his 5th Amendment right
against self-incrimination. The court jailed Jordan
for nearly 4 months under civil contempt of court in
an effort to compel him to testify. The day after Jordan
refused to testify, the grand jury indicted Alex Hall
and William ‘BJ’ Viehl under the Animal
Enterprise Terrorism Act.
The week following his first grand jury appearance Jordan
(still in jail) received a second subpoena, which he
again refused. While in jail, Jordan also received letters
of support from all over the world, made friends, and
confidently reflected on his decision not to snitch.
Upon release the court charged Jordan with federal criminal
contempt of court, to which he pleaded guilty in August
2010.
There are no sentencing guidelines for criminal contempt.
However, the government decided to follow the guidelines
of “obstruction of justice”, which has a
10-16 month sentence range. Fortunately, the court only
sentenced Jordan to the low end of 10 months. However,
Jordan and his attorney believed this was far too much,
and appealed for a guideline range that more closely
relates to his charge. They appealed to the 10th circuit
court of appeals asking that the sentence be reevaluated
under the guidelines for "failure to appear",
which has a 0-6 month sentence range.
In November 2011, Jordan's attorney argued his case
orally before the 10th circuit court of appeals in Denver,
Colorado. The feeling of hostility and bias could be
felt from the beginning and in an unusually fast ruling
(it usually takes 3-6 months to rule), the 10th circuit
denied Jordan's appeal exactly a month and a day after
his oral argument in Denver.
It is ironic to note, that also today, baseball legend
Barry Bonds received a 30-day house arrest sentence
which will likely be reduced for perjury, while lying
to a grand jury regarding steroid use in December 3,
2003. It’s unfortunate that Jordan, who didn’t
lie, rather just simply refused to testify, isn’t
a celebrity.
Jordan is the first dissident in more than two decades
and only the third known in United States history to
be charged with criminal contempt of court after already
serving time for civil contempt, for the same act of
recalcitrance.
Over the past 20 years many animal rights, environmentalists,
anarchists and otherwise radical activists and communities
have suffered subpoenas and coercive incarceration,
but rarely for more than a few weeks. But at present
we are experiencing an increase of pressure. Shortly
after Jordan’s incarceration an Iowa grand jury
subpoenaed Carrie Feldman and Scott Demuth, and held
them in civil contempt for four months. Fortunately,
neither Carrie nor Scott has been charged with criminal
contempt.
Jordan’s case sets a crucial new precedence in
terms of grand jury resistance. While friends and family
converge to show support and solidarity for Jordan in
this time of great sadness, we are calling out for an
eruption of many more moments, for acts of recalcitrance
anywhere and everywhere, for actions that show solidarity
with Jordan Halliday and grand jury resistance. We are
asking that support and solidarity begin immediately.
But we will also be focusing on and asking for massive
global solidarity actions from January 21st-28th, 2012.
We are expecting Jordan to begin serving "mid-february
2012".
For More information Visit:
http://www.supportjordan.org
You can also visit his support page via tumblr:
http://supportjordan.tumblr.com
Donations can be sent to:
Jordan Halliday
West Jordan, Utah 84081
or via paypal: http://t.co/KgyaXV4G
-Support Jordan Committee
Copy of 10th Circuit Decision: http://www.scribd.com/doc/75893505/10thDenial
JORDAN HALLIDAY APPEAL
UPDATE - SUPPORT NEEDED!
Hey friends,
I know it seems like forever ago that Jordan Halliday
was first called to a Grand Jury which he resisted.
In a way it was forever ago, he was first approached
by the FBI in 2008 regarding local mink farm raids in
Utah. He refused to cooperate with the FBI and was told
he would face a subpoena to testify in front of a grand
jury. Six months later the FBI followed through, Subpoenaing
both Jordan and another 'activist' who chose to testify.
Jordan however chose to resist the grand jury in protest
due to its abusive and archaic nature.
Grand juries are called when the government lacks evidence
to indict an individual for a crime. Witnesses are subpoenaed
to testify before the grand jury in hopes of providing
evidence to the prosecution. Little is known about these
secretive proceedings, because all information is considered
sealed and classified. A witness that is called before
a grand jury is not allowed to have a lawyer present
with them in the grand jury room.
In recent years activists have seen an increase in
subpoenas to grand juries. These subpoenas are often
used to harass and intimidate legal above-ground activists,
like Jordan feels is the case, in his situation. The
prosecutor can ask any question and if you refuse to
answer or if you lie, you could be held in contempt
of court or perjury. With no lawyer present for the
witnesses, prosecutors can often ask for information
not relevant to a crime in hopes to harass, intimidate
or 'fish' for information, in a secretive manner which
many consider a modern day witch hunt. Jordan said he
was mainly asked information about his friends, family,
and general life and refused to answer any of them.
Jordan refused to answer any of the questions he was
asked, the 3 times he was subpoenaed. He was incarcerated
after his second appearance for "civil contempt
of court". He eventually was granted immunity.
Yet still refused to cooperate and stayed in jail until
the term of the grand jury expired 4 months later. Upon
release he was indicted with "criminal contempt
of court", and was released on pre-trial pending
trial, eventually he took a non-cooperating plea deal,
and was sentenced to 10 months plus 3 years probation
under the guidelines low-end range for "obstruction
of justice", which has a 10-16 months recommended
range. He was ordered to report to the federal custody
early January, 2011. Although he was able to stay out
on a release pending his appeal, just days before he
was due to present himself.
Jordan and his lawyer filed an appeal arguing that
a guideline range for "failure to appear"
which has a 0-6 month recommended range, was more fitting
for Jordan, who still to this day claims he has no knowledge
of any illegal underground activity or actions. In fact
the individuals Jordan was allegedly called in to testify
against, have both already been indicted, convicted,
sentenced and have served their time already, without
the help of a testimony by Jordan.
On November 15th, 2011, Jordan's attorney argued their
final arguments before the court of appeals in Denver,
Colorado. Jordan says he felt a bias and hostility from
the beginning and although his lawyer did an excellent
job, felt the judges already had their minds made up.
Jordan's lawyer also said he wasn't very optimistic
about the outcome. It typically takes 3-6 months before
a ruling comes back.
Although we remain optimistic that Jordan might still
win his appeal and get the low-end sentence of 0 months,
we are also confronting the reality that he is more
likely going back, than staying out. With the possibility
of prison coming soon for Jordan. We have decided to
start accepting donations again. Currently he is now
only around $350 in legal debt, although we will continue
collecting donations in case of incarceration. If Jordan
wins his appeal and doesn't end of having to serve any
additional time, we will be distributing the remaining
donations to other political prisoners and activists
in need.
You can donate by PayPal by visiting "supportjordan.com",
or you can send a donation or letter of support to:
Jordan Halliday
PO BOX 601
West Jordan, Utah 84084
This is an important case for the future of all activists,
radicals and dissidents. If his appeal is not heard,
he will be going back to prison for an additional 10
months, this is on top of the 4 he already served. With
a total of 14 months and 3 years probation, he will
be serving more time than the individuals he was called
to testify against, who were convicted under the Animal
Enterprise Terrorism Act. Jordan is also the first dissident
in decades and only the 3rd known case to be convicted
of "criminal contempt of court" after already
serving time for "civil contempt of court".
Jordan needs our support now more than ever. Let him
know he hasn't been forgotten in this long period of
legal battles.
We are all proud of Jordan. Please re-post this to
as many places as you can. He needs our support.
-Jordan's Support Committee
Email: SupportJordan@live.com
Website: http://www.supportjordan.com
Twitter: http://www.twitter.com/SupportJH
Facebook: http://www.facebook.com/pages/Support-Jordan-Halliday/107550725954849
Myspace: http://www.myspace.com/SupportJordanHalliday
-Animal Defense League of Salt Lake City
www.ADLSLC.org
TWO ARRESTED
IN SIOUX CITY, IOWA
Kellie Marshall and Victor Van Orden were arrested
on October 10 and charged with second-degree criminal
mischief, carrying a weapon, possession of burglar tools
and second-degree attempted burglary at a mink farm
in Iowa. Some property damage was reported and some
animals were set free. Both are being held at the Woodbury
County Jail. We will release more info as it becomes
available.
You can write to them at:
Kellie Marshall
Woodbury County Jail
PO Box 3083
Sioux City, Iowa 51102
Victor Vandoren
Woodbury County Jail
PO Box 3083
Sioux City, Iowa 51102
Please remember that all mail WILL be read by the authorities.
Use discretion when writing.
JESSE WATERS PLEADS
GUILTY
On September 26, Jesse Waters plead guilty to a single
count of "Misprision of Felony" (having knowledge
of the commission of a felony and taking action to conceal
it). This was in connection to the arson at MSU for
which Marie Mason is currently serving a 22 year sentence.
In exchange for the plea, the US Attorney's Office agreed
to dismiss the original indictment at the time of Jesse's
sentencing. The original indictment alleged that Jesse
was involved in an arson that resulted in the destruction
of logging equipment near Mesick, Michigan in January
of 2000. The charge that Jesse has now plead guilty
to carries a maximum sentence of 3 years in prison.
There is NO indication from Jesse's plea
agreement that he is cooperating with the state
or implicating anyone else in the alleged actions.
On August 29th, prior to the plea agreement, Jesse
and his lawyer filed a motion
to dismiss the charges against him on the grounds
that the statute of limitations had expired. The charges
originally filed against Jesse were for an action that
occurred in January 2000 - the indictment was not issued
until December 2009 - exactly two days before the 10-year
statute of limitations was set to expire. The government
also immediately filed a motion to seal the indictment
(which was granted) and only moved to unseal it almost
15 months later. The government's stated reason for
unsealing the indictment (which was different than their
stated reason to seal the indictment) was that: "one
of the Government’s anticipated witnesses was
actively assisting the FBI as a cooperating human source
(CHS) in its conduct of
another arson investigations [sic] in numerous other
Federal judicial districts. In order to avoid compromising
the identity of that CHS before his or her investigative
utility was exhausted., the Government sought and obtained
an Order sealing the case for an indefinite duration."
(This CHS is also involved in the indictment leveled
against Daniel Kruk out of Indiana.) In signing the
plea, Jesse waived his motion to dismiss based on the
expiration of the statute of limitations.
Jesse's sentencing is currently set for January 29,
2012. Please stay tuned for more information.
***
ERIC MCDAVID'S BIRTHDAY,
OCTOBER 7TH
Eric's 34th birthday is October 7th. Please take a
minute and send him a note of support. This is Eric's
6th birthday behind bars - it's important for him to
know that he is not forgotten, and will not be forgotten
no matter how long he is imprisoned.
You can write to Eric at:
Eric McDavid 16209-097
FCI Victorville, Medium II
Federal Correctional Institution
PO Box 5300
Adelanto, CA 92301
Remember, all mail is read by the authorities. For
more information on Eric and his case, please visit:
www.supporteric.org
***
WRITE TIM
DECHRISTOPHER!
Tim has arrived at the FCI in Herlong,
CA. This is where he will more than likely remain for
the duration of his 2-year sentence. Take a few minutes
and send Tim a note of support. You can write to him
at:
Tim DeChristopher #16156-081
FCI Herlong, Satellite Camp
Federal Correctional Institution
PO Box 800
Herlong, CA 96113
For more information on Tim and his case, please visit:
www.bidder70.org
***
FIFTH ESTATE SUBSCRIPTIONS
TO SUPPORT MARIE
(from the Support Marie Mason crew)
The Fifth Estate, an anarchist magazine printing since
1965, is offering subscriptions to the publication at
its normal price of $14 for four issues with $8 of that
donated to Marie's support committee. Marie worked with
the FE staff in Detroit for years and many of her articles
and poems have appeared in our pages. The Fifth Estate
continues to be the major source in print for information
about Marie's situation and the struggle to bring about
justice in her case.
If you would like to take advantage of this offer,
go to www.fifthestate.org
where PayPal is available. Please indicate you are taking
advantage of this offer. Or, send a remittance to Fifth
Estate, POB 201016, Ferndale MI 48220. Our latest issue
is just about to be published with the theme of Anarchist
Fiction. The following one will be on Revolution. The
new one has a two-page report on the June 11 International
Day of Support for Eric McDavid and Marie Mason.
WRITE JUSTIN SOLONDZ!
Justin is currently being held at SeaTac - the federal
detention center in Seattle, WA. The charges against
him could carry a sentence of life in prison. Please
take a minute to write Justin a note of encouragement
and support. REMEMBER - all mail to and from prisoners
will be read by the authorities. Justin is pre-trial
and all communications with him will be heavily monitored
and combed for anything that could be misconstrued by
the authorities and used against him. And mail - even
unsolicited - can always result in sanctions against
prisoners. Please keep this in mind when writing Justin.
Do not discuss his case, the charges against him, or
media related to it. For more information on how to
write prisoners, click here.
We have been told that Justin enjoys hearing about how
people are doing, including good news he can join in
celebrating! No doubt he also like hearing about travel
experiences and meaty conversation around a great book
you might be enjoying. Justin has been moved from the
SHU to general population. He is currently unable to
receive visits from anyone other than immediate family.
Books sent to Justin can (we believe) be used but should
have no markings and must be sent from a publisher or
distributor. He would especially like books on philosophy,
screen-writing and good sci-fi.
Justin's address is:
Justin Solondz 98291-011
FDC SeaTac
Federal Detention Center
P.O. Box 13900
Seattle, WA 98198
KEVIN KJONAAS RELEASED
TO HALFWAY HOUSE!
Today, August 3rd, Kevin Kjonaas was released to a
halfway house in Minneapolis after spending almost 6
years in a federal prison. Kevin is the last of the
SHAC 6 to be released from prison. For more information
about the SHAC case, please visit: http://shac7.com/index.htm
If you would like to write Kevin while he is in the
halfway house, his new address is:
Kevin Kjonaas
2825 E. Lake Street
Minneapolis, MN 55406
Welcome home, Kevin!
JUSTIN
SOLONDZ PLEADS NOT GUILTY
Justin Solondz plead not guilty to several federal
charges in Tacoma, WA on Wednesday, July 27. The charges
against Justin allege that he was involved in an arson
at the University of Washington's Center for Urban Horticulture
in 2001. Some of the charges Justin is currently facing
could result in a life sentence. Please stay tuned for
more information on Justin and how you can help.
TIM
DECHRISTOPHER SENTENCED TO 2 YEARS
Today (July 26) Tim DeChristopher was sentenced to
2 years in prison and fined $10,000 for bidding on 22,000
acres at a government auction of energy leases in Utah
in an attempt to prevent the land from being destroyed.
He was immediately taken into custody. Please stay tuned
for more details. For more information on Tim, please
visit: http://www.bidder70.org/
JUSTIN SOLONDZ
IN FEDERAL CUSTODY, AWAITING EXTRADITION
According to various news sources, Justin Solondz is
back in the states and in federal custody. More than
likely he will soon be extradited to Washington state
where he is facing arson and conspiracy charges in relation
to an action in 2001 at the University of Washington.
Justin's arrival back in the states comes less than
a month after Briana Waters signed a plea agreement
requiring her full cooperation with the state (see below).
This would include testifying against Justin at any
future trial. Please check back soon for more information
- we will post it as soon as it's available.
BRIANA WATERS
IS COOPERATING WITH THE STATE
Briana Waters accepted a plea bargain today, June 14th,
which requires her full and complete cooperation with
the state. It reads, in part, “Defendant shall
cooperate completely and truthfully with law enforcement
authorities in the investigation and prosecution of
other individuals involved in criminal activity. Such
cooperation shall include, but not be limited to, complete
and truthful statements to law enforcement officers,
as well as complete and truthful testimony if called
as a witness before a grand jury, or at any state or
federal trial, retrial, or other judicial proceedings.
Defendant acknowledges that this obligation to cooperate
shall continue after Defendant has entered guilty pleas
and sentence has been imposed...” The plea agreement
later states, “Defendant agrees that Defendant's
sentencing date may be delayed based on the United States'
need for Defendant's continued cooperation...”
The “Statement of Facts” in the plea agreement
implicates other people in the actions to which she
is pleading guilty. This includes Justin Solondz (who
is currently awaiting trial), Rebecca Rubin and Joseph
Dibee (who have not been captured).
To read the full plea agreement, click here.
FINAL JUNE 11TH COMMUNICATION
AND STATEMENT FROM JEFF LUERS
Both of these communications are available on the website,
june11.org/resources, as are a new radio interview about
the day and the cases as well as an interview with Eric
McDavid done by Jeff Luers. Thanks!
Dear Friends and Comrades,
As June 11th quickly approaches we wanted to share
some thoughts with you about what this day means to
us, and why we have felt it necessary to give it to
all of you- to build and strengthen the work you do
in your own communities, but also to weave us all together
a little tighter and bring our bonds that much closer
to unbreakable.
For that is partly why we find ourselves in this predicament
to begin with, is it not?
Both Eric and Marie are in cages due in no small part
to the fact that people they loved betrayed them---
and people that they thought were deeply committed to
the same causes they were proved to be more interested
in saving their own assess than in struggling for the
earth and for liberation.
In organizing for June 11th, we are forced to remember
why we do the work that we do in the first place. And
why supporting each other can be such a powerful tool
with which to attack the very systems and institutions
we are struggling against.
Eric and Marie are locked away because they felt like
they could no longer sit idly by while everything they
loved was being destroyed. Their motivations were the
same as ours when we do the work we do every day. And
when we feel the people we love being torn from us,
we know that searing pain in our chests will only be
quelled by working against that which would tear us
apart.
But this needs to be more than some well-intentioned,
youthful rebellion. Marie and Eric know this. They are
both spending 2 decades in prison. Marie will be in
her 60s when she is released, and Eric well into his
40s. But they carry on from inside those walls---having
sacrificed their freedom for resistance. A resistance
free of spatial or temporal limits.
And if we are going to continue support them---we need
to be just as committed. For the earth, for Eric and
Marie, for each other. For ourselves. We need to be
in this for the long-haul. And for longevity’s
sake, we need to be rock solid in understanding why
these struggles matter. Otherwise, when the shit hits
the fan people’s priorities seem to suddenly shift
in unacceptable directions.
If we are serious about liberation, we also need to
be serious about how we deal with the consequences of
fighting for it. Because repression is an inevitable
part of any real, viable struggle. And prison is an
inevitable part of repression. We will not let our friends
disappear into the belly of the beast. They are an integral
part of our movement---they were on the outside and
they remain so on the inside. If we let their voices
go unheard, we are complicit in their silencing. If
we don’t include them in our strategizing, our
process, the work we do---we are the ones who lose.
June 11th is for those who are forced to fight against
this prison society in its most tangible manifestations.
For people who are quite literally fighting for their
lives and their liberation. The forms are probably eerily
similar to what they experiences on the outside---but
the content is horrifyingly more blunt and forceful.
What we ask from each of you is a commitment. A commitment
to the work that you do. To the people that you love.
To the movements of resistance. A commitment that is
unwavering and timeless and indestructible. It is no
small task. But it is the only thing that will see us
through to the end. And to a new beginning…
Until all are free,
The Sacramento June 11th Crew
*****************************************************************************
Statement from Jeff ‘Free’ Luers
Today is a sad day for me because I continue a legacy
that started with me, but sadly does not end there.
June 11th 2001 was the day I was sentenced to 22yrs
and 8 months in prison. It is a day that both forever
changed my life and the life of this struggle.
But, rather than collapse under the weight of the states
repression we rose. It took time. It took years actually
but in 2004, after 4 years in prison, my support group
and I organized the first annual international day of
solidarity with myself, Jeffrey Luers. It always feels
weird to say that.
48 cities in a dozen countries spread across 4 continents
held solidarity events and actions demanding my release.
And those numbers held true the next and the year after
that.
In 2006, the hammer really fell and what started with
the arrests of Critter and me spread to radical communities
across the nation. To this day the FBI is actively hunting
down eco-saboteurs and activist both underground and
above. We have numerous of our people in prison today:
Marie Mason, Eric McDavid, Daniel McGowan, Nathan Exile
Block, Joyanna Sadie Zacher, Grant Barnes, Michael Sykes,
and Steve Murphy, with Briana Waters' fate still unknown.
This June 11th marks the first international day of
Solidarity with Eric McDavid, Marie Mason, and all our
long-term anarchist political prisoners. We are here
to honor them, support them, remind them that they are
not forgotten, and most importantly to demand their
release.
June 11th is a reminder to us that though we spend
our days outside of a prison many of our friends and
allies spend theirs behind bars having sacrificed what
little freedom they had to fight for something greater
than themselves. We have a responsibility to them and
to ourselves to struggle and fight until all are free.
I may no longer be imprisoned, but I cannot and will
not rest until my friends are back home with their families
and our struggle for Earth, Animal, and Human liberation
is successful.
We must free our political prisoners and prisoners
of war.
***
BRIANA WATERS
CHANGE OF PLEA HEARING
Briana Waters has a change of plea hearing scheduled
for Tuesday, June 14th. No further details are available
at this time. Please stay tuned for more info. To find
out more about Briana and her case, please visit: http://supportbriana.org/
***
JUNE 11 INTERNATIONAL
DAY OF SOLIDARITY WITH MARIE MASON, ERIC MCDAVID, AND
LONG-TERM ANARCHIST PRISONERS, UPDATE 1
June 11th Reminder and Event Suggestions
May 27, 2011
The Day for Solidarity with Long-term Anarchist Prisoners
is now two weeks away. June 11th is an open invitation
to demonstrate support for Marie Mason and Eric McDavid,
who are each serving 20 years. This date provides an
opportunity to build links of affinity and solidarity
towards the destruction of the prisons and prison-society.
As anarchists, this occasion to support Marie and Eric
has been exciting - it's a practical basis for solidarity,
for linking together anti-repression and anti-prison
struggles in many places. Currently there is a substantial
list of June 11th events occurring across the US and
internationally. And there are more to come!
This occasion for solidarity—as an open invitation—can
to be responded to however people want, according to
their own ideas and contexts. But many people
have written asking for suggestions so we wanted to
share a quick list of ideas for people who wish to plan
events:
*Organize an info-night. Prepare a presentation
on these two cases, or about repression more generally
and other examples of anarchists who have faced the
state's wrath. Include a movie, such as in San
Francisco, or a practical workshop on resisting
grand juries and supporting prisoners, such as in Cincinnati.
We are happy to help prepare presentations and provide
materials if desired.
*Throw a benefit party/show/pancake breakfast/barbeque/picnic,
such as in New
York City. Both Marie and Eric have serious ongoing
legal and logistical costs even though they've already
been convicted. If you're facing repression locally
and have fundraising needs, we'd invite you to still
throw a benefit in conjunction with June 11, to make
clear the practical links of solidarity against the
state's conspiracy to wipe out resistance. (Please keep
in mind, when organizing food events, that both Marie
and Eric are vegan.)
Though Marie and Eric’s cases cannot be simplified
to a lack of support, we understand that the state succeeded
in imposing such long sentences on Marie and Eric in
part because it was able to isolate them, both politically
and socially.
In the wake of these long-term sentences, support for
Eric & Marie—and for other Green Scare and
anarchist prisoners—has relied on the consistency
and commitment of their respective families and support
crews.
To prevent further repression against them in prison
and to break out of the current lull, we need to respond
with an upsurge in both ongoing material support AND
an end to the political isolation and invisibility experienced
by anarchist prisoners. As anarchists, we think
there are many ways to improve their visibility that
don't rely on the mass media,
but rather on organizing and face-to-face interactions
in the street.
“No one should be able to walk down any street
. . . without seeing the prisoners' names written on
the walls. And the songs that are sung about them must
be heard by all.”
Thus, in particular we encourage people to:
*Organize microphone demos and other very public events.
A microphone demo means occupying a corner or a busy
park, setting up banners and a sound system, and passing
out materials about Marie and Eric and against repression.
Switching between music and reading statements over
the microphone helps create a good atmosphere, but of
course adapt it to your local resources and constraints.
*Put-up posters, and drop banners (only with permission,
of course!). Full-color posters were just printed
that can be sent your way. Just ask!
*Operas, plays, ballet, like Redbird
Prisoner Support in Colombus, OH! They are performing
Dario Fo's Nobel Prize-winning "Accidental Death
of an Anarchist."
*Other, wholly-new and original plans that we'd be excited
to promote and spread for June 11, 2012, and until every
prisoner is free,
-Mid/east June 11 Crew
Expect two more lead-up missives before June 11,
including a longer strategy statement!
Get organized, and get in touch with us if you need
to! june11thsolidarity@gmail.com
***
MARIE REQUESTS
AND T-SHIRTS
(from the EF!PSP)
Marie has asked for a few, simple items:
1) information on what's going on with conservation
efforts, education and protection - this kind of news
is hard to come by in prison
2) reading material and book suggestions
3) books or internet articles on graphic layout and
drawing instruction
For more information on Marie, including how to write
to her or how to order new t-shirts, please visit: www.supportmariemason.org
***
MIDWEST INDICTMENTS
AND INFORMANTS
Information about two indictments for actions that
occurred in the Midwest over a decade ago have recently
come to light.
The first is the indictment
of Jesse Waters for an action that occurred in January
2000. The indictment, which was filed and sealed in
2009, alleges that Jesse did “knowingly conspire,
confederate and agree with Marie Jeanette Mason, Frank
Brian Ambrose, and other persons known to the Grand
Jury, to maliciously damage and destroy, by means of
fire, personal property used in interstate commerce
and in an activity affecting interstate commerce, to
wit, commercial lumbering equipment consisting of a
“John Deere” brand Hydro-Ax Shear and a
commercial flatbed trailer.” Marie Mason is currently
serving a 20+ year sentence for this and other actions.
In a motion
(filed March 21, 2011 ) to unseal the original 2009
indictment, the government claims that they are only
requesting the indictment be unsealed because a significant
cooperating human source (CHS) in the case will be testifying
in another trial. Since the source's identity will be
revealed at this trial they feel it is no longer necessary
to conceal it from the public, though the source is
not named in the indictment.
The second indictment is that of Daniel
Kruk, who is being charged with carrying out an
arson at the headquarters of the Indiana Republican
Party in Bloomington on or about September 9, 2000.
The indictment mentions but does not name or charge
another person “known to the Grand Jury.”
This action was later claimed by the ELF as a direct
response to I-69.
What links these two cases?
In the motion to unseal the indictment in the Waters
case, the government claims that their cooperating human
source (CHS) will be testifying at trial in a Southern
Indiana case on May 23, 2011 – effectively ending
their career as an informant (which is why the Waters
indictment has been unsealed). Daniel Kruk's case is
set for trial on that day in the southern district of
Indiana.
It would seem that the same informant was used in both
of these cases. At the time the Waters indictment was
originally filed, the CHS was actively assisting the
government in other arson investigations in “numerous”
federal districts. The statute of limitations was set
to expire very soon for both of these cases, which may
or may not explain why they are finally being prosecuted
now. At this time the identity of the informant is unknown,
although the informant is referred to as “he”
in the motion to unseal. It is also unknown what other
(if any) cases they have been involved in.
Since the motion to unseal the indictment was filed
in the Waters case, a motion has been filed by the defense
in the Kruk case to postpone Daniel Kruk's May 23 trial
indefinitely.
These are all the details we have at this time. Please
stay tuned for more information. Stay alert! And remember
– never talk to law enforcement.
***
DANIEL'S BIRTHDAY
ON MAY 2ND!
Hi friends,
Just a quick reminder to get your cards in the mail
over the next few days for Daniel's birthday on Monday,
May 2. Please send cards and letters to:
Daniel McGowan
#63794-053
FCI Terre Haute - CMU
P.O. Box 33
Terre Haute, IN 47808
As always...
Be mindful of what you write. All mail is read, copied
and scanned by BoP staff and people who monitor all
CMU prisoner communications. Please do not write to
Daniel about anything that can be construed by prison
staff as 'violent' or misinterpreted as code. IMPORTANT:
If you are on probation, parole, house arrest, subpoenaed
to a grand jury, indicted yourself OR ARE CURRENTLY
IN THE PRISON SYSTEM - please do NOT write to Daniel.
Please send no more than 20 pages of printed materials
per envelope.
Sending Pictures
If you'd like to send pictures, he is allowed to receive
up to 25 photos per envelope - no polaroids.
Sending Books
If you are interested in sending Daniel a book, please
instead donate that money via paypal here: http://bit.ly/gU8SkM
Since Daniel can only keep a few books in his cell
at a time, there have been times that he has had to
return books to the sender as he was over the limit.
As thoughtful as the intentions are, sending books unsolicited
sometimes causes more trouble than it's worth.
If you would like to donate money to go specifically
towards books for Daniel's birthday, feel free to email
us or leave a note in paypal and we'll let Daniel know.
Thanks so much!
Family and Friends of Daniel McGowan
***
DANIEL McGOWAN'S SUIT
AGAINST CMU MOVES FORWARD!
(In an email from Daniel's Support Crew)
Court Vindicates Prisoners in Right to Challenge Federal
Experimental Isolation Units Restricting Communication
Center for Constitutional Rights Wins Over Government
Motion to Dismiss Case Involving Segregated Units That
Target Muslims, Activists
CONTACT: press@ccrjustice.org
March 30, 2011, New York – Today, prisoners in
two experimental federal prison units called “Communications
Management Units” (CMUs) won the right to have
their day in court and challenge the violation of their
fundamental constitutional rights, including the right
to due process. The units are being used overwhelmingly
to hold Muslim prisoners and prisoners with unpopular
political beliefs. The Center for Constitutional Rights
(CCR) filed the case on their behalf exactly one year
ago on March 30, 2010.
Said CCR Attorney Alexis Agathocleous, “Today,
Judge Urbina has agreed that our clients have raised
serious constitutional questions about the CMUs, and
has vindicated their right to a day in court to pursue
their claims. Our clients were designated to the CMUs
without due process or oversight, even though they have
no significant history of disciplinary infractions.
This led to pattern of retaliatory designations to the
CMUs. In a significant victory for our clients, the
court will now scrutinize the BOP’s actions.”
Said plaintiff Hedaya Jayyousi, “I am deeply gratified
that the court will hear our claims. My husband has
been held under these conditions for years without a
proper explanation. My children and I hope that we will
now be given some answers.”
Transfers to the CMU are not explained, nor are prisoners
told how release into less restrictive confinement may
be earned as there is no meaningful review process.
The court agreed the plaintiffs had alleged conditions
in the CMUs that were sufficiently restrictive to support
their claim that they have a “liberty interest”
in having the right to procedural due process.
The court wrote, “In light of the plaintiffs factual
allegations supporting their contention that reviews
provided by the defendants are ‘illusory’
and meaningless, the court determines that they have
adequately alleged there is a high risk that the procedures
used by the defendants have resulted in erroneous deprivations
of their liberty interests.”
Lawyers say that because these transfers are not based
on facts or discipline for infractions, a pattern of
religious and political discrimination and retaliation
for prisoners’ lawful advocacy has emerged.
The court allowed the claims of violation of due process
as well as of retaliation to go forward. The court found
that plaintiff Royal Jones made serious allegations
that cannot be dismissed that he was put into the CMU
in retaliation for protected speech, and speaking out
and filing complaints about improper prison conditions.
Similarly, the court found that allegations that plaintiff
Daniel McGowan was twice designated to the CMU in retaliation
for social justice advocacy and for seeking legal information
from his attorneys could not be dismissed.
The court further refused to allow the BOP to evade
review by transferring the Center for Constitutional
Rights’ clients from the CMU. The court dismissed
several of the claims raised by the lawsuit, including
claims of equal protection, substantive due process,
and freedom of association.
CCR filed Aref v. Holder in the D.C. District Court
on behalf of current and former prisoners of the units
in Terre Haute, IN and Marion, IL; two other plaintiffs
are the spouses of those prisoners. The CMUs were secretly
opened under the Bush administration in 2006 and 2007
respectively and were designed to monitor and control
the communications of certain prisoners and to isolate
them from other prisoners and the outside world. The
five plaintiffs in Aref were designated to the two CMUs
despite having relatively or totally clean disciplinary
histories, and none of the plaintiffs have received
any communications-related disciplinary infractions
in the last decade. Between 65 and 72 percent of CMU
prisoners are Muslim men.
In addition to heavily restricted telephone and visitation
access, CMU prisoners are categorically denied any physical
contact with family members and are forbidden from hugging,
touching or embracing their children or spouses during
visits.
For information about CCR’s federal lawsuit around
CMUs, visit the Aref, et al v. Holder, et al case page
or www.ccrjustice.org/cmu.
The law firm Weil Gotshal & Manges LLP and attorney
Kenneth A. Kreuscher are co-counsel in the case.
Media:
Updated CMU story on lawsuit here:
http://www.npr.org/blogs/thetwo-way/2011/03/30/134984393/judge-allows-suit-over-restrictions-on-inmates-to-go-forward
NUCLEAR RESISTER
HELEN WOODSON NEEDS SUPPORT!
(From Helen's Supporters)
January, 2011
Over the years we have spent time in prison and/or
supported other activists who have been in prison for
acts of conscience. We write to you now with a special
request on behalf of Helen Woodson.
Back in November of 1984, Helen was part of the Silo
Pruning Hooks action. She went to a Missouri nuclear
missile silo along with Larry Cloud-Morgan, Fr. Carl
Kabat OMI and Fr. Paul Kabat OMI. With sledgehammer
and jackhammer, the group followed the biblical mandate
of Isaiah to turn swords into plowshares. They were
convicted and received a varied number of years of prison
time for their action.
With the exception of a few days, Helen has been in
prison ever since. (A couple of times in past years
when released, she immediately engaged in an action
that resulted in arrest and being returned directly
to prison for violating parole.)
She is scheduled to be released in September of 2011
after 27 years behind bars.
Helen is looking forward to getting out, and at the
age of 67 and with health issues, has decided to now
retire from activities that might return her to prison.
It's been a long time since she's lived on the outside.
She'll leave prison with a sweatsuit, plus books that
she's accumulated. That's it.
Since she will leave prison with no source of income
or health coverage, she plans to apply for government
assistance, but it can take six or so months for someone
to find out if they are eligible to receive benefits.
In the meantime, in addition to things like food and
clothes, she'll need to purchase medications for multiple
health problems, at quite a significant cost. So she
has asked friends to raise funds on her behalf (not
money to be used while she is in prison, but for the
things she'll need once she's released).
Her living situation once she's released is still uncertain.
It has been challenging for her to develop a plan that
the Bureau of Prisons and Department of Justice find
suitable since Helen will be subjected to many conditions
and restrictions after her release. The couple who have
invited her to live with them are still waiting to be
contacted to answer the questions and receive the home
visit needed to determine if Helen will be allowed to
live there. Helen is very much hoping that they and
their home will be approved. If not, she is not sure
where she will be able to live, and it's possible additional
money will need to be raised to enable her to rent a
small place to live.
In the meantime, until this becomes more clear, it
will ease her mind significantly if she can at least
know that she'll be able to pay for the medicines she
needs, and things like a winter coat. Can you help?
Since the beginning of the nuclear age, many thousands
of people in the U.S. and around the world have been
arrested for anti-nuclear civil disobedience, and hundreds
have spent time in prison for these actions. None of
these people (not even long-imprisoned Israeli nuclear
whistleblower Mordechai Vanunu) have spent more time
in prison than Helen Woodson. We ask that you join us
now in providing her with needed support as she embarks
on this huge transition after her many years in prison.
Please be as generous as you are able! Any amount,
from $1 to $1000, will be gratefully received. Checks
and money orders can be made payable to the Nuclear
Resister (with "for Helen" written on the
memo line) and sent to the Nuclear Resister, PO Box
43383, Tucson, AZ 85733. Secure online donations can
be made via paypal at the Nuclear Resister website at
http://www.nukeresister.org/donate (on the final screen
please click on “add special instructions to the
seller” and note that the donation is for Helen).
Thank you.
Peace,
Jacqueline Allen-Doucot
Hartford Catholic Worker
Elizabeth McAlister
Jonah House
Felice Cohen-Joppa
The Nuclear Resister
Anna Brown
Kairos Community
***
BRIANA WATERS RE-INDICTED
On January 26, 2011, Briana Waters was re-indicted
in a 9 count indictment
which also served as a superseding indictment for Joseph
Dibee, Josephine Overaker, and Justin Solondz. Briana
is accused of: conspiracy to commit offense or defraud
the US, possessing an unregistered firearm, arson of
a building used in interstate commerce or in activity
affecting interstate commerce, using a destructive device
during a crime of violence, and arson of a building
belonging to an institution receiving federal financial
assistance. The use of a destructive device charge alone
carries a 30 year minimum sentence. Trial is currently
set for June 27, 2011 - although this date will almost
certainly be pushed back. For more information on Briana
and how you can help, please visit: http://supportbriana.org/
JORDAN HALLIDAY'S
MOTION FOR RELEASE PENDING APPEAL GRANTED!
On December 29, 2011, Jordan Halliday's motion for
release pending the appeal of his sentencing was granted!
This means that Jordan will remain out of prison until
the appeal of his sentencing is heard. This could take
anywhere from a year to 18 months. For more information
on Jordan and his case, visit: http://supportjordan.com/
A SIMPLE WAY TO SUPPORT
FRAN THOMPSON
Fran Thompson is a prisoner in Missouri who has been
sentenced to life. Before going to prison Fran was a
dedicated animal rights and environmental activist.
After a man who was stalking her threatened to kill
her and then broke into her house, Fran shot and killed
him. Fran had taken on the prosecutor during her activism,
and he used this as an opportunity to remove a threat
to his power.
Fran loves to write and purchased a typewriter from
the prison a couple of years ago. She also uses the
typewriter to help other prisoners with their legal
briefs and letters. Recently, the prison stopped selling
ribbons for her typewriter and now she can only order
a couple at a time at more than double the price from
the company directly. Given that Fran only makes $8.50
a month, this makes purchasing the ribbon incredibly
difficult.
Please consider calling the prison and requesting that
they carry (again) the ribbon for the typewriters that
they sold to the prisoners.
REMEMBER:
Do NOT use any prisoner's name in any of your communications
with prison staff about this issue. If you are on the
phone with a higher-up within the prison, feel free
to say whatever you want, however you want. Please just
be mindful that sometimes the folks answering the phones
are inmates - and they certainly don't deserve your
wrath.
Below is a sample script you can use when calling:
- Hello. I am calling to make a request about the
commissary. Can you transfer me to someone that can
answer my questions?
[transfer]
- Hello. I am calling to make a request about the commissary.
I would like to request that they start ordering the
Brother 1030 ribbon and the Brother 3010 correction
tape for typewriters. These are required for the typewriters
that the prison sold to inmates in the past and not
stocking them has made use of the typewriters incredibly
difficult and cost prohibitive. Would it be possible
for the prison to start stocking these again?
[if yes]
- Excellent. How soon do you think that could happen?...
Thank you. I'll call back then to double check. [make
sure they have the tape numbers]
[if no]
- Why not?
[They will probably keep giving you reasons why this
is not possible. Keep pressing them... Maybe ask them
if you can send the tape to the prisoner yourself (they
will most definitely say no to this, but it certainly
makes their position look absurd, doesn't it?). Remind
them
that they decided to stop selling these supplies without
input from the people who need them.]
The numbers to call are:
WERDCC (the prison)
573-594-6686
George Lombardi (director of MO dept of corrections)
573-751-2389
***
MARIE AND SADIE'S BIRTHDAYS THIS MONTH - WRITE
THEM A LETTER OF SUPPORT!
Marie Mason's birthday is on January 26th. Visit: http://freemarie.org/
or http://supportmariemason.org/
for more information on how to write.
Sadie's birthday is on January 25th. You can send her
a letter at:
Joyanna Zacher (Sadie) #36360-086
FCI Dublin
5701 8th St – Camp Parks- Unit E,
Dublin, CA 94568
JONATHAN PAUL RELEASED TO HALFWAY HOUSE!
Jonthan Paul has been released from prison and is currently
at a halfway house in Oregon. This is the beginning
of his journey home. Jonathan stood firm against intense
pressure and refused to cooperate with the state. He
deserves our love and support. Welcome home, Jonathan...
JORDAN HALLIDAY SENTENCED TO 10 MONTHS IN PRISON
Hello friends,
It is with sadness that we inform you all that our friend
Jordan Halliday was sentenced to an additional 10 months
in prison and 3 years of probation. Fortunately, he
was allowed a stay and will need to report to prison
by January 2011. He is filing an appeal.
For more information and to donate please visit: http://www.supportjordan.com
Here is an article forwarded from indymedia that helps
explain in better detail what happened today.
-The Jordan Halliday Support Committee
Forwarded from IndyMedia:
Grand Jury Resister Jordan Halliday Sentenced to 10
months
By: Resist Stance
FOR IMMEDIATE RELEASE
November 3, 2010
Salt Lake City, Utah --- This morning United States
District Judge Ted Stewart sentenced Jordan Halliday
to 10 months in federal prison and 3 years probation.
In 2008 Halliday, an animal rights activist in Salt
Lake City, was subpoenaed to testify before a federal
grand jury investigating the animal rights community
of Utah. When Halliday resisted, he was held in civil
contempt of court for nearly 4 months. Upon release
he was indicted for criminal contempt of court for the
same refusal. This past July Halliday admitted to willfully
& knowingly violating an order by US District Chief
Judge Tena Campbell.
After Halliday's guilty plea, the Prosecutor applied
the sentencing guidelines for another charge, "obstruction
of justice," and an enhancement for “substantial
interference with the function of the judicial system”
which consequently increased the advisory Sentencing
Guideline range for Halliday's charge to 15-21 months.
The court declared that the “obstruction of justice”
guideline was with warrant, however believed the enhancement
for “substantial interference with the function
of the judicial system” was not justified. Halliday's
Attorney Kent Hart stated that a guideline range for
“failure to appear” was more applicable
to this case. However his argument was struck down.
Currently Halliday's sentence of 10 months amounts
to nearly half of each sentence ultimately given to
Alex Hall and William 'BJ' Viehl, against whom Halliday
was brought to testify.
Assistant United States District Attorney John Huber
maintains the claim that he believes Halliday still
has insider information regarding unsolved Animal Liberation
Front crimes in Utah. Halliday has maintained the claim
that he has no knowledge of any illegal activity, and
in a statement to the court said “I have always
tried to work within the law by lobbying and attempting
to pass legislation for the basic rights I believe all
animals deserve.”.
The prosecution however states that a communique concerning
a mink release in Utah was sent to a news organization
from an individual who listed their name as “Jordan”.
The government states that this communique was received
before police even knew of the incident. Halliday affirmed
that he never sent a communique and that if one exists,
that he now understands why the government might be
going after him. He also stated that “If such
a communique was legitimately sent, I am truly disheartened”.
After 4 months in jail, over a year of excessive pretrial
conditions and a lot of living in legal limbo, Halliday
will begin his 10-month sentence in January 2011, which
he has the option to appeal in the interim.
To learn more about Halliday's case peruse
http://supportjordan.com/
***
DANIEL MCGOWAN MOVED FROM CMU TO GENERAL POPULATION!
On Tuesday, October 19, Daniel was moved from the Communications
Management Unit in Marion, IL, to general population.
This is fantastic news for Daniel and his loved ones.
Daniel has been at the CMU in Marion since February
2009. During his time there he has not been allowed
any physical interactions with his partner, friends
or family - all visits took place behind glass, and
inmates in the CMU are only allowed 4 hours of visitation
a month. Daniel (and others being held in the CMU) was
limited to one 15-minute phone call a week. Daniel's
move to general population means he will be allowed
to touch his loved ones for the first time in almost
2 years. We will post more info as it becomes available.
For more information, visit: http://supportdaniel.org/
***
STEVE MURPHY IN NEED OF SUPPORT
(from ELP Information Bulletin (16th October
2010))
Dear friends,
ELP has received the following e-mail from Voice of
the Voiceless.......
Call for support for vegan prisoner Steve Murphy
Today I received an urgent call for support for vegan
prisoner Steve Murphy, serving a five years sentence
for an attempted E.L.F. arson in 2006. Steve is currently
having a difficult time in prison. Please read the following
call for support and the statement from Steve, and write
him a needed letter of support.
The following was sent by a friend of Steve's:
"Steve Murphy is a dedicated social justice, animal
rights, environmental activist and all-around good guy
who now needs our support. He's in prison for us, and
we need to be there for him now.
Steve would love letters, cards, and postcards from
old friends, new friends, strangers who he would love
to befriend, etc. Please write him a quick note and
let him know you're thinking of him and believe he can
make it through his time in prison. This is very important
because right now Steve is in a bad, dark place mentally
- he needs every kind word he can get in order to lift
his spirits.
He'd also appreciate books dealing with radical politics,
environmentalism, animal rights, civil rights, atheism,
anarchist history and theory, etc. These have to be
new softcover (paperback) books, mailed straight to
his address from the bookseller or publisher.
Steve is a vegan, but money is tight and he has very
little cash to use supplementing the weak vegan diet
he's receiving in prison - he's able to buy tomatoes,
bell peppers, cucumbers and mushrooms in the prison,
provided he has the funds to do so. All monetary donations
are very greatly appreciated and can be made online
at www.supportsteve.org
Steve Murphy
39013-177
FCI Beaumont Medium
Federal Correctional Institution
PO Box 26040
Beaumont, TX 77720
USA
For updated information on Steve, his postal address,
mail regulations, and for the link to donate online,
please visit www.supportsteve.org"
Statement from Steve Murphy:
"The God of the Old Testament (and arguably the
New Testament) is arguably the must unpleasant character
in all fiction; jealous and proud of it; a petty, unjust,
unforgiving control freak; a vindictive, bloodthirsty
ethnic cleanser; a misogynistic, homophobic, racist,
infanticidal, genocidal, filidcidal, pestilential, megalomaniacal,
sadomasochistic, capriciously malevolent bully."
- Richard Dawkins, The God Delusion (chapter 2)
"Cell phones kill gorillas!" - Steven Murphy
Friends,
First Let me say, there is no God. If there were, (s)he/it
would do something about the injustice in the world
now and since human/humyn became the dominant predator
on this sphere. And, to the desperate seeking "meaning":
God is not waiting for the right time to reappear so
(s)he can correct all of her/his mistakes. The entity,
being, spirit, substance we call God does not exist.
This leads to my second point. There is no justice in
the justice system. The justice system in this country
is a savage, barbaric farce whose only design is to
create jobs for men and women (many of whom were in
the military) too ill-equipped to find work in a reputable
profession, such as a teacher - so they appeal to the
lowest common denominator and take jobs that will ensure
them power and authority over others - even though they
themselves are guilty of crimes that will likely never
surface. Striving for mediocrity. Occasionally a few
are caught and I revel in those brief moments because
they
thought they were invincible, they thought they would
never get caught.
My oft-recited grievances against the general population
and the activist alike of "cell phones kill gorillas"
and "stop driving" often garner nothing more
than a chuckle as we drive across town, I unable to
convince them to ride our bikes or take a bus/subway.
Let me say this again. The minerals used in cell phones
to transmit the signal from handset to cell tower is
mined in the former rainforests in the Central African
Republic and The Dominican Republic of The Congo.
The rainforests are first "cleared" of all
birds, snakes, gorillas, lizards, spider monkeys, reese
monkeys, etc. Many of these beautiful creatures are
killed - those that are not are captured and sold on
the black market as "exotic pets" or worse,
to animal research labs. Those who escape being killed
or captured retreat to an ever-shrinking forest. The
forest itself is then slashed and burned with much of
the wood used to make furniture for the wealthy. The
Earth is then forever destroyed by strip mining. All
this so the hipster can write her/his latest manifesto
and the socialite can show off the latest gadget and
the activist can read the latest update.
We need to remember that we all must live here and if
I tell you the cops and prison guards are not above
the rules of law neither am I above the rules of nature.
What I would like to see happen with the animal rights
and social justice communities is the same thing the
earth hippies have been doing for years - plant and
grow what you eat. Stop using plastic water bottles.
They are suffocating the planet.
Think of Garbagia (the gelatinous mass of plastics and
water bottles in the middle of the ocean which on a
good day is "only" the size of the U.S.) the
next time you need to buy a bottle of water.
Stop buying processed mock meats and food. Shop at farmers
markets and/or grow your own herbs and veggies in your
underutilized yards and windowsills.
Stop driving! Most of it is unnecessary and you know
it, so cut it out. Ride your bike, take a bus or train.
It may take a little longer to get to your destination
but won't the journey be worth it? If some of you reading
this are laughing now too (and I suspect a few will)
then perhaps you should also question what you are doing
and why.
The Earth, my friends, will be here for a long, long
time. We will not. The environment will undergo some
pretty catastrophic changes - mostly brought about by
our insatiable appetite for consumption without content
or consequence - over the next 12 to 15 years. The polar
bear will be extinct in 14 years, save those in zoos.
The droughts and flooding will become more frequent
and more severe. Basic survival foods and clean water
will become scarcer and exorbitantly more expensive.
Plagues will ravage the sick, the elderly, and the young.
We could have listened but our iPods blocked out the
sound. We could have seen what might have been but our
TVs blurred our vision. I have approximately 30 months
left in this God-forsaken-cesspool before I can return
home to my loving family in the Autumn of 2013. After
I get home I will be converting our yards into sustainable
gardens and anyone willing to invest a little time in
a little community is welcome anytime.
- Steve"
***
BRIANA WATERS GRANTED BAIL!
The Ninth Circuit has granted Briana Waters'
motion for bail. It is unclear how quickly this will
translate into release. Briana is incarcerated in a
federal prison in Connecticut, about two and a half
years into her original six year sentence (of which
she would have to have served about five years, allowing
for good time credits, the final few months likely to
have been served in a half way house).
There are a lot of uncertainties and this is no time
for gloating, but just for savoring the fact that a
lovely human being who proclaims her innocence and was
wrongly convicted in a trial rife with government, prosecutorial,
and judicial misconduct may now reunite with loved ones
and her community.
For more information about Briana and her case, please
visit: http://supportbriana.org/
***
CALLOUT FOR SOLIDARITY WITH GRAND JURY RESISTOR
JORDAN HALLIDAY!
(from ADL SLC)
FOR IMMEDIATE RELEASE
SALT LAKE CITY, Utah --- On October 19, 2010, Jordan
Halliday, a Utah animal rights activist, will be sentenced
for refusing to testify before a grand jury. Because
the prosecutor is asking for 15-21 months, Jordan faces
as much prison time as those he was brought to testify
against. We are calling for solidarity actions from
October 16th to 19th to show support for Jordan and
all grand resistors.
In March 2009, Jordan was subpoenaed to federal grand
jury investigating a series of mink liberations in Utah.
He asserted his 5th Amendment right against self-incrimination.
The court jailed Jordan for nearly 4 months under civil
contempt of court. in an effort to compel him to testify.
The day after Jordan refused to testify, the grand jury
indicted Alex Hall and William 'BJ' Viehl under the
Animal Enterprise Terrorism Act.
The week following his first grand jury appearance
Jordan (still in jail) received a second subpoena, which
he again refused. While in jail, Jordan also received
thousands of letters of support from all over the world,
made friends, and confidently reflected on his decision
not to snitch.
Upon release the court charged Jordan with federal
criminal contempt of court, to which he pleaded guilty
in August of this year.
There are no sentencing guidelines for criminal contempt.
However, the prosecution is trying to follow the guidelines
of "obstruction of justice" and pursuing an
enhancement. These guidelines have a maximum of 2 years
and allow the prosecutor to ask for an egregious sentence
of between 15 and 21 months. Comparatively, BJ and Alex
were sentenced to 24 months and 21 months respectively.
Jordan is the first dissident in more than two decades
to be charged with criminal contempt of court after
already serving time for civil contempt for the same
act of recalcitrance.
Over the past 20 years many animal rights and otherwise
rad kids have suffered subpoenas and coercive incarceration,
but rarely for more than a few weeks. But at present
we are experiencing an increase of pressure. Shortly
after Jordan's incarceration an Iowa grand jury subpoenaed
Carrie Feldman and Scott Demuth, and held them in civil
contempt for four months. Fortunately, neither Carrie
nor Scott has been charged with criminal contempt.
Jordan's sentencing is set for October 19th, 2010 at
2 p.m. at the Frank E. Moss Federal Courthouse at 350
South Main Street in Salt Lake City, Utah. We encourage
any one in Salt Lake to attend this hearing (in conservative
dress).
Lastly, Jordan's hearing presents only moment for convergence,
and we call out for an eruption of many more moments,
for acts of recalcitrance anywhere and everywhere, for
actions that show solidarity with grand jury resistance
from October 16-19, 2010.
For More information Go To:
http://www.supportjordan.com
***
BRIANA WATERS WINS APPEAL!
(taken from a CLDC email)
In a 33 page 9th Circuit Court of Appeals
opinion, a three judge panel ruled that Green Scare
defendant Briana Waters' conviction for the University
of Washington Horticulture arson, is hereby reversed
and remanded. What happens next is still up in the air,
but
possibilities abound... Stay tuned for more developments
as they unfold.
***
POLITICAL PRISONER CORRESPONDENCE AND THE FBI
(from Sacramento Prisoner Support)
Recently we began receiving documents in response to
a FOIA request we filed with the FBI about Eric McDavid.
The documents have uncovered a few alarming pieces of
information, but one in particular we felt it necessary
to share with the public as soon as possible. For years
people have been speculating that writing political
prisoners would result in a person being “put
on a list.” Unfortunately, it seems that those
speculations were not unfounded.
We have received perhaps hundreds of pages documenting
Eric's correspondence with other people. These letters
are not just kept on file – the Sacramento County
Main Jail forwarded all of these letters to the Sacramento
FBI field office, which then forwarded them to local
field offices around the country (and to law enforcement
internationally) to warn the FBI in other cities of
a “possible environmental/animal rights extremist”
or “a possible anarchist extremist” in their
community. Originally, the FBI's communications included
a statement that “Sacramento is forwarding this
communication for information purposes only.”
But later, they began including a much longer statement
which read, in part: “this information has been
determined to be of such a nature that some follow-up
as to the possibility of criminal activity is warranted...”
These statements were included no matter what was the
content of the letter – often the documents include
the statement that the letter was “benign in nature.”
It is unclear whether or not the FBI is still forwarding
Eric's correspondence to local field offices. We have
not received any documents dated after his move to a
federal facility. It is also unknown whether or not
all correspondence with political prisoners is treated
in the same manner. What we do know is that if a person
sent Eric a letter to the Sacramento County Main Jail
with their full name and address on it, the local FBI
field office more than likely now has that information.
We are not sharing this information to raise alarm
or spread fear. We have every intention of continuing
to write political prisoners, and we urge others to
do the same. That said, we hope to expose the FBI's
politically motivated investigations and, unlike the
FBI, we believe people have a right to know when they
have been spied on. This kind of government intrusion
could cause the “chilling effect” so often
thrown about in conversations about 1st amendment activities.
But when we give in to those fears, political prisoners
are the ones who suffer. And this is exactly what the
government wants. The state is constantly trying to
expand its reach by gathering information about social
movements and those who participate in them. Instead
of letting this new information scare us into silence,
we should use it to make informed decisions about how
we support and prioritize political prisoners. This
kind of repression has implications for more than just
people involved in “activism.” Millions
of people are incarcerated in this country. It is possible
that the government uses similar tactics to investigate
other communities that they actively repress. Writing
our friends, family members and comrades should not
be a justified excuse for investigation – no matter
who our friends are.
We are attaching three documents. The first
is typical of the documents the FBI sent towards the
beginning of Eric's time at Sac County. The second
is an example of what they sent to international law
enforcement agencies. The
final document is an example of the later version
with the language about “follow up” being
“warranted.”
If you would like to find out if the FBI has been collecting
information on you, here is a website that explains
how to request information under the freedom of information
act.
http://www.firstamendmentcenter.org/press/information/topic.aspx?topic=how_to_FOIA
***
ALEX HALL MOVED TO FEDERAL FACILITY
Alex Hall has been moved to a federal facility. His
new address is:
Alex Hall
15908-081
FCI Englewood
Federal Correctional Institution
9595 West Quincy Avenue
Littleton, CO 80123
***
UPDATE ON ROD CORONADO
by Ben Rosenfeld
August 21, 2010
On August 3, 2010, Rod Coronado was sentenced to four
months in federal prison for allegedly violating the
terms of his probation, i.e., for “associating”
with Earth First! cofounder and former Greenpeace U.S.A.
Director Mike Roselle, by accepting his “friendship”
on Facebook, and for accessing an unauthorized computer
outside his home. (There is no current evidence that
the FBI surreptitiously surveiled Mr. Coronado’s
Facebook account. Mike Roselle is a prominent environmental
organizer and author, active most recently in the campaign
to ban mountaintop removal coal mining in Appalachia.)
The probation terms Mr. Coronado is said to have violated
were not related to his most recent case, which resulted
in a hung jury and a plea deal in 2008. In that case,
a San Diego jury declined to convict Coronado for answering
a question after a talk in which an audience member
asked him how incendiary devices were made. (Coronado
answered generally while holding up a jug of apple juice
from the concession table; the government’s own
presentation at trial contained far more detailed and
accurate information.)
One probation term Mr. Coronado was accused of violating
(the association term) was left over from his federal
conviction in Arizona in 2005 for trying to disrupt
a mountain lion hunt through peaceful means. The other
(the computer monitoring term) was added by a federal
judge in Michigan after Coronado moved there to help
raise is son. The San Diego judge did not impose any
computer conditions on Coronado, and had also told him
he was free to associate with Earth First!ers, in part
to spread the message that his views on activism had
changed.
In August 2006, Mr. Coronado wrote a Statement from
Prison renouncing property damage as a tactic and advocating
social change through other means. He wrote, in part:
“What our world needs now is a whole lot more
love and a lot less violence. Nothing in this world
will change overnight. But if we live peace and teach
our children well, they might still inherit a world
better than ours.”
Mr. Coronado has not veered from this message. He is
not accused of any crime. He has been allowed to self-surrender
to begin serving the four month sentence locked away
from his children, his partner, and his community. His
three year term of probation will begin anew upon his
release.
Ben Rosenfeld is a San Francisco Civil Rights Attorney
and Board Member of the Civil Liberties Defense Center
based in Eugene, OR (www.cldc.org).
***
WRITE JUSTIN SOLONDZ!
Here
is the Chinese character address for Justin Solondz,
Green Scare defendant currently imprisoned in China.
If you would like to write to him there, we believe
you need to print out this attachment and secure it
to your correspondence in order to guarantee it will
be delivered to him. Make sure that you write his name
at the top of the address - it is NOT included in the
characters.
***
"PARENTS ON TRIAL" SUPPORT GROUP
STARTS
(From Parents On Trial)
One of the hardest experiences parents
can face is when their child is arrested, goes to trial,
or goes to prison. Arrest and prison are highly stigmatized
in our society, and few parents are prepared to face
this situation. Yet as the prison system grows, as more
and more activities are criminalized, and as the so-called
War on Terror is used increasingly to persecute political
activities, an ever greater number of parents will have
to deal with the police knocking on their door, with
the emotional and financial stress of trial, with visits
through a glass wall.
For people who are themselves facing trial and imprisonment,
dealing with anxiety, fear, disapproval, or misunderstandings
on the part of their parents makes a difficult situation
even more stressful. To have their parents' understanding
and support, if not their agreement and sympathy on
the issues, means facing the entire legal and judicial
process with more strength and peace of mind.
Parents on Trial is a new resource run by parents of
anti-authoritarians who have been arrested, deported,
forced to go through trial, put on probation, or imprisoned.
They've had these experiences and learned from them,
and now they want to share them in order to support
other parents who are going through the process now.
The way it works is simple. Someone who is facing the
repressive violence of the criminal justice system,
or their parent, writes to Parents on Trial, and one
or more parents respond, offering a pen pal relationship,
listening, sharing their own stories and advice, and
offering emotional support.
People quickly learn when faced with repression that
arrest, trial, and imprisonment are forms of collective
punishment against those who resist. The state does
not simply punish an individual for their political
beliefs or struggles, but the person's entire family
and circle of friends as well. Collective responses
and mutual support will facilitate our coming through
these hardships in a healthy way. Parents on Trial is
another small step toward building a real, lasting,
and effective culture of resistance.
If you are a parent who would like to share your experiences
and participate in this group, or if you would like
to contact or be supported by this group, email ParentsOnTrial
[at] gmail [dot] com.
***
JORDAN HALLIDAY TAKES PLEA
(from ADL-SLC)
Utah animal rights activist Jordan Halliday
pleaded guilty Tuesday, July 27, 2010 to criminal contempt
of court for refusing to testify before a federal grand
jury allegedly investigating the animal rights community
of Utah.
In court Tuesday, before the US District Judge Ted
Stewart, Halliday admitted that he willfully & knowingly
violated an order by US District Judge Tena Campbell.
The Prosecution claims that Halliday refused to take
oath and responded with "no comment" to essentially
every question asked, even to harmless questions such
as where he lived.
Outside court, supporters of Halliday loudly expressed
their support for Jordan as well as their concerns with
Grand Juries. Holding signs stating "Resist Grand
Juries" and "Support Jordan Halliday".
Halliday was subpoenaed in March 2009 to testify before
a federal grand jury. When he resisted he was held in
civil contempt of court for nearly four months. When
he was released he was indicted with criminal contempt
of court for the same act of recalcitrance.
Criminal contempt of court is rare in the sense it
is neither a felony nor a misdemeanor but rather considered
sui generis by the court. Literally meaning in latin:
"of it's own kind". This being the case it
carries no maximum punishment and it is entirely up
to the Judge to decide the sentence.
Halliday is currently out on pretrial awaiting sentencing
on October 19, 2010.
***
KEVIN OLLIFF TRANSFERRED TO STATE
PRISON
(from SupportKevin.org)
On July 23rd, animal rights prisoner Kevin Olliff was
transferred from Los Angeles County's Twin Towers Correctional
Facility to the State Prison located in Chino, California
for evaluation.
Kevin Olliff - CDC ID# AE 1628
CIM - DU 206
Reception Center East / Del Norte
P.O. Box 500
Chino, CA 9170
Kevin is scheduled to appear before the judge once again
on September 28, 2010 (8:30am at LA Superior Court (210
W. Temple St.) on the 9th floor in Department 102).
This date may change so please check the website.
This is always a difficult time for prisoners and California
is universally known for its "difficult" prison
system. It is expected that Kevin will be on continual
"lock-down" and unable to receive visits from
friends and family. Kevin's only access to his community
is through letters and 15-minute collect telephone calls
(which are very expensive). Additionally, he's lost
access to his books, letters, and address book.
Please take just a moment out of your
day to send Kevin a letter of support. Contact supportkevinolliff@hotmail.com
if you'd like to send him a book.
Letters are crucial to Kevin's health
and well-being at this time. Stepping away from the
television for thirty minutes and writing a letter means
the world to a prisoner.
* Be sure to include Kevin's CDC# on
all correspondence.
***
ARREST MADE IN 'LONE WOLF' ARSONS
On Thursday, July 22, the FBI arrested Walter
Bond for allegedly setting fire to the Sheepskin Factory
in Denver, Colorado. The criminal complaint states,
"On July 1, 2010, ATF Special Agent Christopher
D. Forkner received a telephone call from an individual,
who hereafter will be referred to as CI-01... CI-01
stated that within the last few days he/she had a telephone
conversation with BOND. CI-01 stated he/she had not
talked to BOND for approximately 12 years prior to this.
CI-01 indicated that he/she believed BOND called him/her
from a public library telephone... CI-01 stated that
when he/she asked BOND what he had been up to lately,
BOND told him/her to visit the site www.voiceofthevoiceless.org
and to scroll down to the Sheepskin Factory fire and
a fire that occurred at the Leather Factory... CI-01
met with BOND at the Ramada Inn hotel... The meeting
was consensually [sic] monitored and audio and video
tape recorded by ATF. Your affiant and other investigators
monitored the conversation and heard BOND state that
he burned the Sheepskin Factory in Denver as well as
a leather factory and a foie gras restaurant in Utah.
BOND stated that he used the nickname 'Lone Wolf'"
Walter Bond is currently being held in a county jail.
We will post more information as it becomes available.
***
HUGH AND TIGA TAKE PLEA
(From Hugh and Tiga's Support Crew)
Wednesday afternoon, a dozen or so of
us journeyed one last time (hopefully!) to Petersburg,
Indiana with Gina (Tiga) and Hugh to sign the plea agreement
that was offered by the prosecution. The plea was accepted
by the court, and thus begins the end of this insane
situation.
As has been the case with other court appearances,
the event was far from serious. Rather, it felt fun
and social as we played games and told jokes in the
courtroom.
But that doesn't mean it was all easy, as it was still
really emotionally difficult hearing our friends state
"guilty" when asked how they plead.
Details of the Agreement: Hugh and Gina each pled guilty
to 2 counts of trespassing (class A misdemeanor) and
were each sentenced to two years non-reporting probation
and a $10 fine, plus court costs. According to the deal,
if they don't violate their terms of probation, they
will be able to move to have it terminated at 15 months
and this motion will be accepted.
For transparency's sake, we'll soon be posting scans
of their plea agreements on the website (http://mostlyeverything.net).
Let us know if you have any other questions about the
terms of the plea- we realize that plea agreements can
be sketchy and we'd like to be as open as possible about
all of this. We've done a lot of work with our lawyers
to make sure that these pleas won't implicate anyone
else. Gina and Hugh both remain fully uncooperative.
Other notes: We'll be getting the bail money back in
the next two weeks! Thank you so much to everyone who
contributed. Please get in touch if you think you should
be getting money back- we have good records of where
all the money is supposed to go, but we don't have current
addresses for everyone. If you put money in and don't
need it back, it will go to other friends' legal defenses
(we promise we won't spend it on cupcakes and beer!)
Lastly, a giant thank you to everyone who contributed
in any way, especially in friendship and emotional support.
Those of us who have been working on the case in Bloomington
for the last year are still trying to figure out lots
of things; what we could have done better or differently,
why all of this felt so incredibly debilitating, how
we can use what we've learned to help other friends
who are increasingly finding themselves in similar predicaments.
Processing this is difficult, but something that we're
still struggling to do collectively. We'd like there
to be broader conversations, but aren't sure how to
begin them. If you're interested in this or have any
reflections to share or ideas about any of this, please
stay in touch.
Hope everyone's doing well, take care, love,
Friends in Bloomington
***
AETA PROSECUTION THROWN OUT!
(From the Civil Liberties Defense Center)
A California federal court judge has thrown
out the first ever prosecution under the Animal Enterprise
Terrorism Act of the AETA 4 (Adriana Stumpo, Maryam
Khjavi, Nathan Pope and Joseph Buddenberg). The AETA
4 were accused of picketing and handing out leaflets
regarding animal experimenters--patently constitutionally
protected activities. The court granted defendants'
motions to dismiss on the basis that the indictment
fails to allege the facts of the crimes charged with
sufficient specificity to meet the requirements of the
Fifth Amendment of the Constitution and Fed. R. Crim.P.
7(c)(1). The court granted the motion "without
prejudice," meaning that the government may re-file
the charges again if they so
choose. But, for now, a victory for activists everywhere!
***
SUPPORT JORDAN HALLIDAY AT CHANGE
OF PLEA HEARING!
(From ADL SLC)
Jordan Halliday's Court Dates have been
canceled for a plea change hearing on Tuesday, July
27, 2010 at 10:00 a.m.
We will be holding a support rally for Jordan outside
of the courthouse at 9:00 am. Be sure to be there early.
Jordan Halliday was incarcerated for nearly four months
on March 13th, 2009 for refusing to cooperate with a
federal grand jury investigating the animal rights community
of Utah. Upon release Jordan was indicted with felony
"criminal contempt of court" and released
on pretrial. Jordan is still facing even more prison
time. There is no maximum sentence with this charge.
Jordan is the first radical in decades to be held under
civil contempt and subsequently charged with felony
criminal contempt. Over the past 20 years many AR and
otherwise anarchist kids have suffered subpoenas and
coercive incarceration, but rarely for more than a few
weeks. But at present we are experiencing an increase
of pressure.
We all need to be there to show solidarity and to show
him that he is supported. YOU MAY BE NEXT.
Remember answering questions before a grand jury will
most likely lead to more subpoenas in the future - you
become a spring they can tap.
If you can't make it to the support rally or hearing,
please send any letters of support or financial assistance
for legal costs to:
Karen Halliday,
PO Box 25581
SLC, UT 84125.
To keep up to date & for more info on Jordan's
case and Grand Jury Resistance in general, visit: http://www.supportjordan.com/
***
APRIL 5, 2010 – STEVE MURPHY
SENTENCED TO FIVE YEARS
Steve received a sentence of 60 months (5 years)
and three years of supervised release. He is currently
being held at the CDC in San Bernardino and it is uncertain
as to how long it will take for Steve to be transferred
to a federal facility. Awaiting a transfer can be a
particularly stressful time. Please take a minute to
write Steve a note of support. For the time being, his
address is:
Murphy, Steve James
0910300841
Central Detention Center
630 East Rialto Ave.
San Bernardino, CA 92408, USA
***
WILLIAM "BJ" VIEHL AT
FCI TERMINAL ISLAND
BJ has arrived at the low security federal facility
at which he will be serving his sentence.
Please write him at:
William Viehl
#15909-081
FCI Terminal Island
PO Box 3007
San Pedro, CA 90731, USA
For more information on BJ and his case,
please visit:
http://www.supportbjandalex.com/
***
DANIEL McGOWAN JOINS LAWSUIT AGAINST
CMUs
Daniel McGowan and his wife are both plaintiffs
in a suit filed by the Center for Constitutional Rights
(CCR) against Communications Management Units (CMUs)-
the illegal, experimental prison units that target Muslim
prisoners and political activists. Daniel is currently
being held at the CMU in Marion, IL. This is the same
unit in which Andy Stepanian was held prior to his release.
For more information on the suit, please visit CCR's
website. For more information on Daniel and his
case, please visit: http://www.supportdaniel.org/
***
MARCH 22, 2010 – HUGH &
TIGA'S FELONIES DROPPED... STILL FACE CHARGES
From Hugh and Tiga's Support Team:
Great news! Hugh and Tiga's felony racketeering charges
have been dropped! We
got word this morning that, based on arguments made
by their lawyers at their
last court appearance, the Felony Racketeering charge
they were each facing has
been deemed not legitimate. (If you're curious... the
basis for this ruling is
that, under Indiana RICO law, conspiracy charges cannot
stem from misdemeanor
charges.)
While this is definitely a reason to celebrate
and a huge step, we're not quite
out of the water yet. Tiga and Hugh are still each facing
four misdemeanors,
carrying a maximum sentence of four years. Also, they
are both still confined to
the state of Indiana, based on bail agreements made
shortly after their arrests.
Hopefully this will change in the near future, but we
can't promise anything
yet.
Furthermore, we're not sure what this
means for the pre-trial date scheduled for
this Monday, the 29th. We're going to assume it's still
happening until we find
out otherwise, but keep your ears to the ground for
updates. If it's still
happening, let's plan on trying to fill the courtroom
again!
Gigantic thank you's to everyone who's offered solidarity
in any form thus
far... things are looking up...
lots of love,
us.
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