"A massive and prolonged effort to change the social, political, and economic structure of a local environment cannot be characterized as a violent conspiracy simply by reference to the ephemeral consequences of relatively few violent acts." — Justice John Paul Stevens. NAACP v. Claiborne Hardware, 458 U.S. 886, 933 (1982).

History of the Eco-Sabatoge Cases, Updated February 6, 2008

On December 7, 2005, one of the largest roundups of environmental and animal liberation activists in American history began. Using the code name "Operation Backfire," the FBI arrested seven people in four different states. Chelsea Gerlach, Darren Thurston, William Rodgers, Kendall Tankersley (Sarah Kendall Harvey), Kevin Tubbs, Daniel McGowan and Stanislas Meyerhoff were arrested for allegedly taking part in a wide variety of actions the government attributes to the Earth Liberation Front (ELF) and the Animal Liberation Front (ALF). On that very same day, several people across the Pacific Northwest were subpoenaed to testify before a grand jury to be convened in Eugene, Oregon. One of those taken into custody, Darren Thurston (a Canadian citizen), was served with a subpoena and later indicted in US District Court with federal conspiracy charges and charges related to the arson of a horse corral near Susanville, California. Within days of the first arrests it was revealed that a paid informant, Jacob Ferguson, admitted to participating in several arsons and had given federal investigators and prosecutors information that allegedly supported the indictments. It was also revealed that Meyerhoff had agreed to be a federal cooperating witness almost immediately upon arrest and interrogation.

On December 22, William Rodgers was found dead in his jail cell in Flagstaff, Arizona, from an apparent suicide. Rodgers worked at the Catalyst Bookstore and Infoshop in Prescott, Arizona, and was involved in ecological struggles for many years in different parts of the United States.

On January 20, 2006, federal prosecutors and US Attorney General Alberto Gonzales announced a sweeping 65 count indictment, including two conspiracy charges, against 11 individuals relating to 17 different incidents in Oregon, Washington, Wyoming, Colorado and California. The indictment alleged that the accused were members of a fictional network, referred to in the indictments as "The Family," and that they had conspired to commit several acts of arson. The indictment charged various defendants with arson, attempted arson, and using and carrying a destructive device. The destructive device charge, 18 USC 924(c), carries a 30 year mandatory sentence, with a mandatory life sentence for a second conviction of this charge. The government used this charge and the conspiracy charge to coerce individuals to become informants by threatening them with multiple life sentences for acts of property destruction that caused no injuries. In addition to the six people arrested on December 7, the Oregon indictment also named Jonathan Paul, Suzanne Savoie, Joseph Dibee, Rebecca Rubin (Canadian citizen) and Josephine Overaker. Paul was arrested in Oregon a few days before the indictment was announced, and Savoie turned herself in soon after Paul's arrest. Dibee, Rubin and Overaker are believed to be out of the country.

In the weeks that followed, the government coerced and intimidated the defendants with various threats, primarily life in prison. Five individuals were then revealed as "confidential sources" for the government's case. Subsequently, on February 23, 2006, Nathan Fraser Block and Joyanna L. Zacher were arrested in Olympia, Washington. The government issued a new indictment on March 15, 2006, which included Block and Zacher who were held in custody and facing life plus 1,115 years in prison for their minor roles in two separate arsons.

On June 28, 2006, the government arraigned noncooperating defendants Block, Zacher, McGowan and Paul on yet another 65 count superseding indictment.

On July 20 and 21, cooperating defendants, Thurston, Tubbs, Tankersley, and Meyerhoff, Gerlach, Savoie pled guilty to a variety of conspiracy, arson and attempted arson charges in U.S. District Court in Eugene. Federal prosecutors recommended that Thurston be sentenced to 37 months imprisonment; Tubbs, 168 months; Tankersley, 51 months; Meyerhoff, 188 months; Gerlach, 120 months; and Savoie, 63 months. All remaining charges against these defendants will be waived, and no additional charges will be brought against them in other districts, if they fully and completely cooperate with the government's terms of cooperation. The presiding judge granted motions by the cooperating defendants' attorneys to seal all plea petitions, cooperation agreements, and the transcripts of the public court hearings, thus making them unavailable for public scrutiny. On August 22, 2006, upon the motion of the noncooperating defendants, this judge granted a motion to unseal these documents but for the paragraphs regarding cooperation.

During the two days of cooperating defendants plea deal hearings, the government announced that it would pursue upward enhancement of sentences for the six taking pleas, arguing that the federal terrorism enhancement guideline apply to their sentences as well. At the request of the federal government, Gerlach made a statement at the conclusion of her plea proceeding, denouncing her actions. At the hearings of Gerlach and Meyerhoff, the government disclosed these defendants provided information regarding new allegations which indicated additional arson incidents alleged to have occurred in Phoenix, Arizona, and the eastern district of Michigan, though neither was charged with these incidents as part of their deals.

Several months earlier, Daniel McGowan's attorneys filed a motion on behalf of the noncooperating defendants compelling the government to disclose whether the National Security Agency (NSA) had conducted illegal surveillance and monitoring during the investigation. The government acknowledged that it did not know whether such surveillance existed, and the Court ordered the government to file a response to the motion.

On November 9, 2006, the remaining District of Oregon defendants Joyanna Zacher, Nathan Block, Daniel McGowan and Jonathan Paul entered a global resolution plea deal. (Note; Briana Waters is not indicted in Oregon. She is the only noncooperating defendant in the Washington indictment and vigorously asserts her innocence. See below for more info.) Prior to their formal plea hearings, the four defendants withdrew their NSA motion. In the noncooperation plea agreements, the four defendants agreed to accept responsibility for their own roles in environmentally motivated property crimes, but did not agree to provide information or testify against anyone now or in the future. Complete, non—redacted plea agreements for these four defendants are publicly available. The Governement notified the noncooperating defendants that it would attemp to apply the terrorism enhancement, USSG 3A1.4, to them as well. The enhancement allowed for an additional 20 years to be added to any sentence. It may also result in serious consequences regarding their prison security designation and life after jail, such as employment, financial accounts, or travel outside the United States. This was the first ime in the history of the US that the government sought this enhancement for property crimes that were not intended, and did not, result in any injury or threat of injury to humans.

During the November 9 plea hearing, Joyanna Zacher and Nathan Block each pled to one count of conspiracy, attempted arson, plus multiple arson charges based on their involvement at the Joe Romania Chevrolet car dealership in Eugene and the Jefferson Poplar tree farm. Daniel McGowan entered a plea to one conspiracy charge plus multiple charges of arson relating to sabotage at Superior Lumber and Jefferson Poplar. The government recommended that the three be sentenced to 92 months in federal prison. Jonathan Paul pled to one count of conspiracy and one count of arson for his minor role in the property destruction at the Cavel West Inc., horse slaughterhouse. He received a suggested sentence of 57 months in prison. During the hearing, McGowan made a statement to the court that "this plea agreement is very important to me because it allows me to accept full responsibility for my actions and at the same time remain true to my strongly held beliefs." Outside the courthouse, Jonathan Paul's sister Alexandra Paul read a statement that her brother "will continue to be a person deeply committed to the betterment of our society and the elimination of animal and human suffering."

During a brief hearing on December 14, 2006, Gerlach and Meyerhoff entered guilty pleas to additional out–of–state prosecutions. Also on that day, sentencing dates were set for all Oregon defendants. These sentencing dates were revised and finalized during a March 2, 2007, hearing in which it was decided that sentencings would run from May 22 to June 5, 2007. A date of May 15, 2007 was also set for general arguments as to whether the Terrorism Enhancement, Section 3A1.4 of the federal sentencing guidelines, could generally apply to the Oregon defendants.

The government's sentencing memorandum, submitted May 4, 2007, contained several new allegations about the defendants. Within this memorandum, the government attributes the 1996 arson at Dutch Girl Dairy in Eugene to Kevin Tubbs; alleged that the 1996 Detroit, Oregon, Ranger Station arson (the first act attributed to the ELF in the United States) involved Jacob Ferguson and Josephine Overaker; and also linked a Lebanon, Oregon, release of 2,000 mink from a farm to Kevin Tubbs and others.

The May 15, 2007 hearing on the federal "terrorism enhancement" was intended for general arguments as to whether such an enhancement could be applied legally; beyond this general dispute, each individual defendant was permitted to make presentations regarding their individual situation at sentencing.

During the May 15 hearing, Assistant US Attorney Stephen Peifer argued that the enhancement was applicable, due to his claims that acts committed within the conspiracy attempted to influence or affect the conduct of government, or to retaliate against the government. Peifer then compared the defendants to white supremacists and members of the Ku Klux Klan who burned churches. Defense lawyers provided a multiplicity of counter-arguments, questioning whether the defendants were attempting to retaliate against the government, investigating the legislative history of the enhancement, and asserting that the enhancement was appropriate only when human life had been placed in jeopardy. Amanda Lee, co-counsel for Daniel McGowan, took strong objection to Peifer's comparison between the Klan and her client, reminding the court that the Klan had murdered civil rights workers, church worshippers and many others, while McGowan had only damaged property. You can read the notes from the May 15, 2007, hearing.

Despite the strong arguments of defense lawyers, Aiken ruled on May 21, 2007 that the terrorism enhancement was generally applicable and that a federal crime of terrorism does not require a substantial risk of injury, gravely expanding the existing scope of this terrorist label. (download the Memorandum)

Savioe, Tankersly, McGowan, and Paul remained out of custody on release agreements prior to their sentencing. All other persons indicted in the District of Oregon who had been located remained in custody. A January 17, 2007, hearing discussed the possibility of presentencing release for cooperating defendant Tubbs, but Judge Aiken ruled that exceptional reasons had not been established to justify his release, and Tubbs was returned to jail.

In the ensuing sentencing hearings, Stanislas Meyerhoff received a sentence of 156 months for conspiracy, counts of arson/attempted arson from seven different incidents, plus one count of destruction of an energy facility; Kevin Tubbs, 151 months for conspiracy plus eight incidents involving arson/attempted arson; Chelsea Gerlach, 108 months for conspiracy, five incidents involving arson/attempted arson, plus one count of destruction of an energy facility; Darren Thurston, 37 months for conspiracy plus one count arson; Suzanne Savoie, 51 months for conspiracy plus two incidents involving arson/attempted arson; Kendall Tankersley, 46 months for conspiracy plus one incident involving arson/attempted arson (however, on Aug. 3, 2007 Judge Aiken further reduced Tankersley's sentence by 5 months, from 46 months to 41 months.); Nathan Block and Joyanna Zacher, 92 months each for conspiracy plus two incidents involving arson/attempted arson; Daniel McGowan, 84 months for conspiracy plus two incidents involving arson/attempted arson; and Jonathan Paul, 51 months for conspiracy plus one count of arson. Jonathan Paul's sentence was disputed by his lawyer, and was then held in abeyance until a new hearing which took place on August 1, 2007. Paul's 51 month sentence was upheld during the August 1 hearing; Paul was the last of the sentenced Oregon defendants to report to federal prison, self surrendering at FCI Phoenix on October 31, 2007. His case is currently on appeal to the 9th Circuit Court of Appeals.

Terrorism enhancements were applied to all defendants except for Thurston, Tankersley and Paul at sentencing, the court ruling that the terrorism enhancements applied to 4 out of 20 incidents involving seven of the ten defendants. Prosecutors generally used the contents of communiques issued after arsons, such as the statement following the Jefferson Poplar sabotage that pending antienvironmentalist legislation "will not stop us," to justify the application of the terrorism enhancement. Civil rights attorneys monitoring the cases are alarmed by the vilification of environmentalists by government prosecutors and the overreaching use of the terrorism enhancement.

The case was originally cracked not by law enforcement efforts, but solely by a single informant, Jacob Ferguson, a heroin addict and lifelong arsonist and petty criminal. The indictments were a result of statements provided to the FBI by Ferguson, Stanislas Meyerhoff and others who were coerced into making similar statements upon capture, interrogation and threats of life long prison sentences. Ferguson and Meyerhoff have admitted to their participation in most of the alleged arsons and have admitted leadership roles. On October 26, 2007, Ferguson entered a plea of guilty for one count of arson and one count of attempted arson concerning a fire at the Detroit Ranger Station on October 28, 1996. According to the terms of Ferguson's plea deal, he will not be charged for the catalogue of other arsons he was involved in. Ferguson's plea deal, signed September 17, 2004, does not involve any restitution payments to those affected by the arsons. Ferguson's formal sentencing has been consistently postponed. It is now expected to occur on April 1, 2008. Prosecutors have recommended that Ferguson spend no time in prison, no fines, and the no restitution clause in his secret plea deal will allow him to hold on to the thousands of dollars he received as payment for his work as a federal informant.

The National Lawyers Guild has come out in strong opposition to the unconstitutional life sentences for property crimes threatened in these cases, and stated that the "government is misusing destructive device charges and engaging in selective prosecution." The Guild also objected to the application of the terrorism enhancements in these cases, calling them unnecessary, excessive and chilling to free speech in a June 5 statement. Former US Attorney for New Mexico, David Iglesis, told the Eugene Weekly that he thought the Oregon prosecutions appeared to be politically motivated and that "It seems to me what happened here should not fit my traditional definition of what terrorism is."

On April 6, California issued its indictments in connection with the 2001 horse corral fire near Susanville, CA. Justin Solondz was charged by the federal court in Sacramento, but is not in custody. Also indicted for the corral fire were Darren Thurston (whose plea on this charge was integrated into his general District of Oregon deal as a result of cooperation), Joseph Dibee and Rebecca Rubin.

Colorado Indictments

On May 18, 2006, a federal grand jury indicted Chelsea Dawn Gerlach, Stanislas Meyerhoff, Josephine Overaker and Rebecca Rubin for alleged involvement in the 1998 arson of the Vail ski resort. The Colorado federal court agreed to transfer these charges to Oregon where Gerlach and Meyerhoff have District of Oregon plea deals that incorporate their Colorado charges. On September 29, 2006, Gerlach and Meyerhoff entered guilty pleas during their District of Oregon arraignment for Vail-related charges; neither Meyerhoff nor Gerlach are expected to serve additional time in prison as a consequence of these pleas. Meyerhoff and Gerlach swore in court that Bill Rodgers was solely responsible for this arson. The government's sentencing memo indicates that Rodgers and Gerlach burned Vail and the others returned to Oregon prior to the arson.

Rod Coronado

In a related but separate case, federal prosecutors in San Diego unsealed an indictment in February 2006, charging environmental and Native American activist Rodney Coronado with demonstrating how to use an incendiary device. After a lecture in 2003, Coronado, of Tucson, Arizona, answered a question about how he made an incendiary device used in an action that resulted in his arrest, conviction and four year prison sentence that he finished serving several years ago. Coronado was charged with distribution of information relating to explosives, destructive devices and weapons of mass destruction.

On November 2, Coronado's lawyer argued that the statute under which Coronado was charged violates the First and Fifth Amendments of the US Constitution. On November 15, 2006, the judge denied this motion, stating that this statute is not unconstitutional in all its applications.

Coronado's trial began on September 10, 2007. During the course of this trial, Coronado's defense counsel revealed an audio recording of the February 2006 speech, as well as Coronado's answer to questions from the audience at this event. As this evidence directly contradicted the sworn testimony of government witnesses, it was announced on September 19 that the jury in Coronado's trial was hopelessly deadlocked, with a majority of jurors voting for acquittal. Despite this mistrial, federal prosecutors continued their politically motivated attacks on Coronado, promising to not only bring the San Diego case to trial again, but also to open up another prosecution based on the content of speech given by Coronado in Washington, DC, during January 2003. Having fought the government's charges for almost two years, Coronado entered a plea deal for a one year prison sentence on December 14, 2007, so as to avoid the continuing malicious prosecutions against him, which could have led to a significantly longer sentence.

Eric McDavid

In another case of government repression against environmental activists, Eric McDavid stood trial in Sacramento, California beginning September 10, 2007. On September 27, McDavid was convicted of a single federal charge of conspiracy to destroy property by means of fire or explosives. This conviction was based on the testimony of a government provocateur, as well as that of McDavid's two co-defendants, who agreed to testify against him in exchange for reduced sentences. Jurors in McDavid's trial have indicated that they would have voted for acquittal, but for a single jury instruction. McDavid's lawyer is currently appealing this conviction, arguing for acquittal or a new trial.

Eric McDavid was arrested alongside Zachary Jenson and Lauren Weiner on January 13, 2006, in Auburn, California. His charge was based on the work of "Anna," an 18 year old woman who was employed by the FBI and paid $65,000 to fabricate a crime and entrap McDavid and his friends. This FBI employee first encountered McDavid in 2004, when she was engaged in surveillance of radical and countercultural movements. Testimony of "Anna" at trial indicated that she was the prime mover in the sabotage conspiracy, which had not reached consensus on a target, furnishing funds, accommodation and other resources to the trio, keeping the group together, and constantly advocating for criminal activity that the defendants would otherwise have been unlikely to engage in. Jurors, informally interviewed following their conviction of McDavid, stated that they were appalled by the FBI's handling of the case and of "Anna's" untruths at trial. McDavid's lawyer, Mark Reichel, argues that this jury was presented with a faulty instruction regarding McDavid's "predisposition" to commit a crime, which the jurors were instructed to examine not from the time of McDavid's first contact with the government provocateur, but from almost a year later, when "Anna" had already begun to exert considerable influence.

McDavid’Äôs sentencing hearing is scheduled for February 21, 2008. Government prosecutors are recommending that he receive twenty years in prison, the maximum sentence for this charge.

Tre Arrow

Tre Arrow (Michael Scarpitti) was probably the first of the Green Scare victims. He is charged with 2 counts of arson and 2 counts of the 924(c) incendiary device charge that carries a mandatory life sentence. Three of Arrow's codefendants became informants, pled guilty, and were sentenced to 3.5 years in prison. In order to receive these lenient plea deals, the government has induced the three to point the finger at Arrow. Tre is being held in jail on Vancouver Island in Canada and is fighting extradition to the US based on his strongly held beliefs that he cannot obtain a fair trial in the US while the admistration wages its hyperbolic "war on terror." He has conducted several hunger strikes when not provided his strict vegan diet while in custody.¬ÝArrow is known as an extremely principled, effective public activist, with strongly held beliefs of nonviolence. The government has stated that they believe¬Ý he is a 'cult leader'. Arrow continues to proclaim his innocence to all charges.