FAQ ABOUT DANIEL MCGOWAN
Here are a few questions and answers we put together to help people that are not familiar with the legal aspects of the case understand what exactly is going on.
FREQUENTLY ASKED QUESTIONS ABOUT DANIEL MCGOWAN
What happened?
On December 7, 2005 federal agents went to the offices of WomensLaw.org to arrest Daniel. No one understood what the charges were initially and did not know what was to happen the following few months. Daniel was taken in handcuffs from his job and brought to Manhattan Correctional Center [MCC] in lower Manhattan.
That night, while he was in custody, federal agents raided the East Village apartment of Daniel and his, now, wife. They turned most of the place upside down and walked out with many of their possessions including computers, personal photographs, tax papers, all of Daniel's school textbooks and homework, videotapes, DVDs and more. Because no one was home at the time, neighbors of Daniel's demanded to see proper identification and paperwork from the federal agents to OK the search. The agents told neighbors they were investigating a "domestic terrorism" case. Although government officials and media have carelessly used this term, this is not a terrorism case. There are NO terrorism charges in this case. Despite this, while jailed at MCC, Daniel was not allowed to use the phone and he was held on what guards called 'the terror wing'.
On December 8, Daniel appeared in the federal courthouse in Brooklyn. Dozens of friends and family were there in a show of support and sat in on the hearing. Objections raised by Daniel's attorney at court extended the hearing to an additional day. A judge in Oregon had signed off on Daniel's search and arrest warrant under a provision of the USA Patriot Act. Despite Daniel's family offering to put up a significant amount of money and property to secure his release so that he could fly to Oregon unescorted to face charges, the judge ruled in favor of removal to Oregon and he remained in federal custody. Completely unlike what one might see on TV, Daniel was unable to communicate a single word to anyone aside from his lawyer in court.
Daniel spent the next 14 days in transit across the United States at various federal detention centers. His family and friends did not know where he was or when he would arrive in Oregon. He was flown across the country in stages, first to Oklahoma, then to California, and finally to FCI Sheridan. He was shackled at the ankles and wrists throughout the flights. On December 21, he was arraigned in Oregon. From December 21 to January 3, he was kept on suicide watch because of a co-defendant's suicide in jail. Daniel was designated Maximum 1 status for much of the time he was housed at Lane County Corrections in Eugene, Oregon. The jail refused to provide a vegetarian diet despite many and varied attempts to request food he could eat. On Christmas Day, Daniel spoke to his (now) wife on the phone for the first time since the morning of December 7th.
Daniel's detention hearing was on January 25th in front of Judge Aiken. He was granted release on $1.6 million on bail which was put up by his family. The judge received over 75 letters in support of Daniel's release on bail. Because of bureaucratic procedures and paperwork, Daniel waited until February 8th before he was released from jail.
Presently, Daniel is on house arrest in his sister's NYC apartment, which he shares with her, his brother-in-law, his niece and his wife. Most recently, he has been allowed to attend a short class which will count towards his master's program. Daniel is also always preparing for his trial in the fall and is ready to stand up for his innocence and fight for his freedom in the court of law.
For more information on Daniel's background, please go here.
Back to top
What does it mean to be on house arrest?
Daniel is confined to the apartment at all times, other than when he is permitted to leave to report to the pre-trial services office or attend a class or go to a hearing. An electronic bracelet has been fastened around his ankle. The bracelet transmits a signal to another electronic device on Daniel's telephone. If the bracelet - and Daniel - move beyond the limited physical range of the transmitter, the phone automatically dials up the authorities. It's like having a silent alarm system attached to your body. Because of the bracelet, Daniel cannot leave the hallway outside the apartment he lives in. He cannot go outside. He relies on his family and friends for everything he would ordinarily be able to do for himself.
Back to top
What is a Grand Jury?
The primary function of the modern grand jury is to review the evidence presented by the prosecutor and determine whether there is probable cause to return an indictment. The original purpose of the grand jury was to act as a buffer between the king (and his prosecutors) and the citizens, but many feel the grand jury rubber stamp indictments. The grand jury does not even hear conflicting evidence and it is left to the good faith of the prosecutor to present any conflicting evidence Since the 1950s, the power of federal grand juries has grown enormously. Federal courts have authorized ever-expanding investigative power. Because the evidence is in control of the prosecutor, and witnesses cannot bring their lawyers into the grand jury, critics have noted that we have only the good faith of the government prosecutor to rely upon.
Unlike potential jurors in regular trials, grand jurors are not screened at all for any biases or other improper factors. Grand juries are secret proceedings and the prosecutor, grand jurors, and the grand jury stenographer are prohibited from disclosing what happened before the grand jury. Secrecy was originally designed to protect the grand jurors from improper pressures.
Judge Sol Wechsler, the former Chief Judge of New York State, was quoted as saying, "A grand jury would indict a ham sandwich."
Daniel was indicted by a federal grand jury in Oregon on his charges. For more information on grand juries, see http://www.abanet.org/media/faqjury.html.
Back to top
Has the FBI ever charged people in error?
The FBI has a history of counter-intelligence programs and repression of social movements. Some recent examples involving environmentalists include:
Judi Bari
In 1990, Earth First! activists Judi Bari and Darryl Cherney were targets of false charges after a bomb exploded in their car, nearly killing them. The FBI claimed that the two were terrorists, but the Alameda County District Attorney refused to bring charges due to lack of evidence. Nonetheless, the FBI engaged in a long-term smear campaign against the two activists and Earth First!, claiming that they were bomb-toting extremists. Bari and Cherney filed a federal civil rights suit against the FBI for Constitutional rights violations. After an 11-year court fight, the jury vindicated the two activists when it returned a verdict finding their first and fourth amendment rights were violated, and awarded $4.4 million in damages.
Conor Cash
Long Island activist Conor Cash was accused of various actions claimed by the ELF in 2000 including an arson of mansions under construction & a failed attempt to free ducks from a farm. In 2004, Cash was acquitted by a jury because the jurors did not find the two witnesses in the case credible. The two men pled guilty in this case and agreed to testify against Cash in return for leniency. The FBI painted Conor Cash as a 'ringleader' of an ELF cell despite the fact that he proclaimed his innocence from the outset and was a very well known public activist. He was charged with arson, conspiracy and for a short time, aiding and abetting terrorism before being acquitted in 2004.
Back to top
What are Daniel's charges and the proposed sentencing?
Daniel's charges relate to two incidents that occurred in Oregon in 2001. He has been charged with:
2 counts of conspiracy to commit arson
14 counts of arson (each carry a 5 year mandatory minimum)
2 counts of "use or possession of a destructive device"
If found guilty of one of these two charges, Daniel faces a 30 year mandatory minimum sentence. If found guilty of two, Daniel faces a mandatory life sentence.
The extreme proposed sentencing is all for alleged property crimes that did not injure anyone at all. It is worth noting that the statute of limitations for the more serious of these charges were set to expire just three weeks after Daniel's arrest and suggests that there was a rush to make arrests.
From the US Sentencing Commission Annual Report for 2003, the average (mean) arson sentence was 82.7 months (6.9 yrs) and the median sentence was 60 months (5 yrs), for arson as a primary offense in 82 convictions/sentences (www.ussc.gov/ANNRPT/2003/SBTOC03.htm Table 13). This is compared to the average murder sentence of 20.6 years (median 15 yrs), sexual abuse 6 years (median 3.4 yrs), and assault 2.5 years (median 1.25 yrs).
Back to top
Why a life sentence?
Only the government prosecutors can answer this question. Not everyone who is charged in connection with arsons or other crimes involving alleged "destructive devices" faces these kind of charges. The government has never explained why Daniel and some of his co-defendants have been singled out for such harsh potential punishment.
Back to top
Was anyone hurt in any of these alleged actions Daniel is being accused of?
Daniel has pled not guilty to these charges. Nonetheless, it is important to note that no human or animal was injured at all in any of the incidents. There is absolutely no evidence that the incidents were intended to harm anyone.
Back to top
Why is he being charged on the federal level, not state?
Daniel is being charged on the federal level because the alleged incidents took place at corporations that engage in interstate commerce.
Back to top
What is the evidence?
There is no physical evidence that has led to suspects. Because of this, the government has focused on identifying people who would admit that they were involved and then implicate others. Some of these people, facing sentences between 30 years and life for fires they admit causing, agreed to implicate other people in the crimes.
Back to top
What is a conspiracy charge?
It is a charge that a person made an agreement with at least one other person to commit a crime, and that at least one person in that agreement took a substantial step toward committing the crime.
Back to top
What is "eco-terrorism"?
This is a term that was created by 'Wise Use' founder and extreme anti-environmentalist Ron Arnold of the Center for the Defense of Free Enterprise with the intention of turning people against environmentalists. Ron Arnold, along with creating the word 'eco-terrorism' has also stated, "We want to destroy environmentalists by taking away their money and their members," [New York Times, December 1991] and "Our goal is to destroy, to eradicate the environmental movement ... We're mad as hell. We're not going to take it anymore. We're dead serious - we're going to destroy them," [Toronto Star, 1991]. Calling someone an "eco-terrorist" is like the former use of the word "communist". It is not intended to spur debate on the topic but instead to scare potential supporters away from the case. As many supporters of Daniel are New Yorkers, many feel this is a horrible insult to the victims of the real terrorism that many witnessed on 9/11 and affected them very personally. While Ron Arnold and the corporations that fund his reactionary form of public relations use the word quite liberally, Daniel's family and friends abhor the use of the term as it cheapens the very real terror that exists in this world whether it is fundamentalists targeting people or governments bombing people.
Back to top
Why is "eco-terrorism" being used in media in terms of Daniel's case?
The term "eco-terror" sheds heat, not light. It sensationalizes and brings hatred, fear, and disgust to the hearts of those that read the word. It is no coincidence that it is being used in this case and against activists who have spoken out against the policies and actions of government and corporations.
Back to top
What kind of activist work did Daniel do?
For the last 8 years, Daniel has been involved in many different campaigns struggling for social justice, protection of the environment and human rights. He has worked for non-profits that focus on national forest protection, rainforest conservation and the rights of indigenous people. Most recently, Daniel worked on counter-recruitment as a proactive response to the government's wars. He helped organize a picket of a local military recruitment center in his old neighborhood in Brooklyn and passed out literature to high school kids that explained many non-military options for paying for college. Daniel also helped organize 'really, really free markets' in NYC which are markets where everything (food, clothes, services, books, etc) are free and available to all. In 2003-4, Daniel was one of a group of people who created and maintained RNCnotwelcome.org, which was a hub for organizing against the hosting of the Republican party convention in Daniel's hometown. He attended many meetings, hosted fundraisers and conducted media interviews with national and international publications. When he was arrested, Daniel was employed as a webmaster for Womenslaw.org, an organization that operates a website with resources on domestic violence. Daniel's activism has been very public, and demonstrates his deep commitment to human dignity and environmental protection. One of the most trying aspects of Daniel's home confinement is the fact that he is effectively prevented from engaging in any activism. New York's activist and progressive community has suffered a great loss.
Back to top
What can I do to help?
Get more information about letter-writing campaigns, donating to Daniel's legal fund, and spreading the word about the case here.
We hope that this helps answer any questions you may have had. Thanks for the support.
What happened?
On December 7, 2005 federal agents went to the offices of WomensLaw.org to arrest Daniel. No one understood what the charges were initially and did not know what was to happen the following few months. Daniel was taken in handcuffs from his job and brought to Manhattan Correctional Center [MCC] in lower Manhattan.
That night, while he was in custody, federal agents raided the East Village apartment of Daniel and his, now, wife. They turned most of the place upside down and walked out with many of their possessions including computers, personal photographs, tax papers, all of Daniel's school textbooks and homework, videotapes, DVDs and more. Because no one was home at the time, neighbors of Daniel's demanded to see proper identification and paperwork from the federal agents to OK the search. The agents told neighbors they were investigating a "domestic terrorism" case. Although government officials and media have carelessly used this term, this is not a terrorism case. There are NO terrorism charges in this case. Despite this, while jailed at MCC, Daniel was not allowed to use the phone and he was held on what guards called 'the terror wing'.
On December 8, Daniel appeared in the federal courthouse in Brooklyn. Dozens of friends and family were there in a show of support and sat in on the hearing. Objections raised by Daniel's attorney at court extended the hearing to an additional day. A judge in Oregon had signed off on Daniel's search and arrest warrant under a provision of the USA Patriot Act. Despite Daniel's family offering to put up a significant amount of money and property to secure his release so that he could fly to Oregon unescorted to face charges, the judge ruled in favor of removal to Oregon and he remained in federal custody. Completely unlike what one might see on TV, Daniel was unable to communicate a single word to anyone aside from his lawyer in court.
Daniel spent the next 14 days in transit across the United States at various federal detention centers. His family and friends did not know where he was or when he would arrive in Oregon. He was flown across the country in stages, first to Oklahoma, then to California, and finally to FCI Sheridan. He was shackled at the ankles and wrists throughout the flights. On December 21, he was arraigned in Oregon. From December 21 to January 3, he was kept on suicide watch because of a co-defendant's suicide in jail. Daniel was designated Maximum 1 status for much of the time he was housed at Lane County Corrections in Eugene, Oregon. The jail refused to provide a vegetarian diet despite many and varied attempts to request food he could eat. On Christmas Day, Daniel spoke to his (now) wife on the phone for the first time since the morning of December 7th.
Daniel's detention hearing was on January 25th in front of Judge Aiken. He was granted release on $1.6 million on bail which was put up by his family. The judge received over 75 letters in support of Daniel's release on bail. Because of bureaucratic procedures and paperwork, Daniel waited until February 8th before he was released from jail.
Presently, Daniel is on house arrest in his sister's NYC apartment, which he shares with her, his brother-in-law, his niece and his wife. Most recently, he has been allowed to attend a short class which will count towards his master's program. Daniel is also always preparing for his trial in the fall and is ready to stand up for his innocence and fight for his freedom in the court of law.
For more information on Daniel's background, please go here.
Back to top
What does it mean to be on house arrest?
Daniel is confined to the apartment at all times, other than when he is permitted to leave to report to the pre-trial services office or attend a class or go to a hearing. An electronic bracelet has been fastened around his ankle. The bracelet transmits a signal to another electronic device on Daniel's telephone. If the bracelet - and Daniel - move beyond the limited physical range of the transmitter, the phone automatically dials up the authorities. It's like having a silent alarm system attached to your body. Because of the bracelet, Daniel cannot leave the hallway outside the apartment he lives in. He cannot go outside. He relies on his family and friends for everything he would ordinarily be able to do for himself.
Back to top
What is a Grand Jury?
The primary function of the modern grand jury is to review the evidence presented by the prosecutor and determine whether there is probable cause to return an indictment. The original purpose of the grand jury was to act as a buffer between the king (and his prosecutors) and the citizens, but many feel the grand jury rubber stamp indictments. The grand jury does not even hear conflicting evidence and it is left to the good faith of the prosecutor to present any conflicting evidence Since the 1950s, the power of federal grand juries has grown enormously. Federal courts have authorized ever-expanding investigative power. Because the evidence is in control of the prosecutor, and witnesses cannot bring their lawyers into the grand jury, critics have noted that we have only the good faith of the government prosecutor to rely upon.
Unlike potential jurors in regular trials, grand jurors are not screened at all for any biases or other improper factors. Grand juries are secret proceedings and the prosecutor, grand jurors, and the grand jury stenographer are prohibited from disclosing what happened before the grand jury. Secrecy was originally designed to protect the grand jurors from improper pressures.
Judge Sol Wechsler, the former Chief Judge of New York State, was quoted as saying, "A grand jury would indict a ham sandwich."
Daniel was indicted by a federal grand jury in Oregon on his charges. For more information on grand juries, see http://www.abanet.org/media/faqjury.html.
Back to top
Has the FBI ever charged people in error?
The FBI has a history of counter-intelligence programs and repression of social movements. Some recent examples involving environmentalists include:
Judi Bari
In 1990, Earth First! activists Judi Bari and Darryl Cherney were targets of false charges after a bomb exploded in their car, nearly killing them. The FBI claimed that the two were terrorists, but the Alameda County District Attorney refused to bring charges due to lack of evidence. Nonetheless, the FBI engaged in a long-term smear campaign against the two activists and Earth First!, claiming that they were bomb-toting extremists. Bari and Cherney filed a federal civil rights suit against the FBI for Constitutional rights violations. After an 11-year court fight, the jury vindicated the two activists when it returned a verdict finding their first and fourth amendment rights were violated, and awarded $4.4 million in damages.
Conor Cash
Long Island activist Conor Cash was accused of various actions claimed by the ELF in 2000 including an arson of mansions under construction & a failed attempt to free ducks from a farm. In 2004, Cash was acquitted by a jury because the jurors did not find the two witnesses in the case credible. The two men pled guilty in this case and agreed to testify against Cash in return for leniency. The FBI painted Conor Cash as a 'ringleader' of an ELF cell despite the fact that he proclaimed his innocence from the outset and was a very well known public activist. He was charged with arson, conspiracy and for a short time, aiding and abetting terrorism before being acquitted in 2004.
Back to top
What are Daniel's charges and the proposed sentencing?
Daniel's charges relate to two incidents that occurred in Oregon in 2001. He has been charged with:
2 counts of conspiracy to commit arson
14 counts of arson (each carry a 5 year mandatory minimum)
2 counts of "use or possession of a destructive device"
If found guilty of one of these two charges, Daniel faces a 30 year mandatory minimum sentence. If found guilty of two, Daniel faces a mandatory life sentence.
The extreme proposed sentencing is all for alleged property crimes that did not injure anyone at all. It is worth noting that the statute of limitations for the more serious of these charges were set to expire just three weeks after Daniel's arrest and suggests that there was a rush to make arrests.
From the US Sentencing Commission Annual Report for 2003, the average (mean) arson sentence was 82.7 months (6.9 yrs) and the median sentence was 60 months (5 yrs), for arson as a primary offense in 82 convictions/sentences (www.ussc.gov/ANNRPT/2003/SBTOC03.htm Table 13). This is compared to the average murder sentence of 20.6 years (median 15 yrs), sexual abuse 6 years (median 3.4 yrs), and assault 2.5 years (median 1.25 yrs).
Back to top
Why a life sentence?
Only the government prosecutors can answer this question. Not everyone who is charged in connection with arsons or other crimes involving alleged "destructive devices" faces these kind of charges. The government has never explained why Daniel and some of his co-defendants have been singled out for such harsh potential punishment.
Back to top
Was anyone hurt in any of these alleged actions Daniel is being accused of?
Daniel has pled not guilty to these charges. Nonetheless, it is important to note that no human or animal was injured at all in any of the incidents. There is absolutely no evidence that the incidents were intended to harm anyone.
Back to top
Why is he being charged on the federal level, not state?
Daniel is being charged on the federal level because the alleged incidents took place at corporations that engage in interstate commerce.
Back to top
What is the evidence?
There is no physical evidence that has led to suspects. Because of this, the government has focused on identifying people who would admit that they were involved and then implicate others. Some of these people, facing sentences between 30 years and life for fires they admit causing, agreed to implicate other people in the crimes.
Back to top
What is a conspiracy charge?
It is a charge that a person made an agreement with at least one other person to commit a crime, and that at least one person in that agreement took a substantial step toward committing the crime.
Back to top
What is "eco-terrorism"?
This is a term that was created by 'Wise Use' founder and extreme anti-environmentalist Ron Arnold of the Center for the Defense of Free Enterprise with the intention of turning people against environmentalists. Ron Arnold, along with creating the word 'eco-terrorism' has also stated, "We want to destroy environmentalists by taking away their money and their members," [New York Times, December 1991] and "Our goal is to destroy, to eradicate the environmental movement ... We're mad as hell. We're not going to take it anymore. We're dead serious - we're going to destroy them," [Toronto Star, 1991]. Calling someone an "eco-terrorist" is like the former use of the word "communist". It is not intended to spur debate on the topic but instead to scare potential supporters away from the case. As many supporters of Daniel are New Yorkers, many feel this is a horrible insult to the victims of the real terrorism that many witnessed on 9/11 and affected them very personally. While Ron Arnold and the corporations that fund his reactionary form of public relations use the word quite liberally, Daniel's family and friends abhor the use of the term as it cheapens the very real terror that exists in this world whether it is fundamentalists targeting people or governments bombing people.
Back to top
Why is "eco-terrorism" being used in media in terms of Daniel's case?
The term "eco-terror" sheds heat, not light. It sensationalizes and brings hatred, fear, and disgust to the hearts of those that read the word. It is no coincidence that it is being used in this case and against activists who have spoken out against the policies and actions of government and corporations.
Back to top
What kind of activist work did Daniel do?
For the last 8 years, Daniel has been involved in many different campaigns struggling for social justice, protection of the environment and human rights. He has worked for non-profits that focus on national forest protection, rainforest conservation and the rights of indigenous people. Most recently, Daniel worked on counter-recruitment as a proactive response to the government's wars. He helped organize a picket of a local military recruitment center in his old neighborhood in Brooklyn and passed out literature to high school kids that explained many non-military options for paying for college. Daniel also helped organize 'really, really free markets' in NYC which are markets where everything (food, clothes, services, books, etc) are free and available to all. In 2003-4, Daniel was one of a group of people who created and maintained RNCnotwelcome.org, which was a hub for organizing against the hosting of the Republican party convention in Daniel's hometown. He attended many meetings, hosted fundraisers and conducted media interviews with national and international publications. When he was arrested, Daniel was employed as a webmaster for Womenslaw.org, an organization that operates a website with resources on domestic violence. Daniel's activism has been very public, and demonstrates his deep commitment to human dignity and environmental protection. One of the most trying aspects of Daniel's home confinement is the fact that he is effectively prevented from engaging in any activism. New York's activist and progressive community has suffered a great loss.
Back to top
What can I do to help?
Get more information about letter-writing campaigns, donating to Daniel's legal fund, and spreading the word about the case here.
We hope that this helps answer any questions you may have had. Thanks for the support.
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