SABOTAGE OR TERRORISM?

www.eugeneweekly.com

On May 15 federal Judge Ann Aiken will decide whether the Oregon eco-saboteurs are arsonists or terrorists.

Oral arguments on the application of sentencing guidelines for the "terrorism enhancement" will take place starting at 10 am. This enhancement could add up to 20 years to the sentences for all District of Oregon "Operation Backfire" defendants.

Sentencing of the eco-sabotage defendants will begin on May 22, one week after the decision is made on the enhancement. All hearings will take place in Judge Aiken's courtroom in the Wayne L. Morse U.S. Courthouse in Eugene.

According to attorney Lauren Regan, whose Civil Liberties Defense Center (CLDC) is involved in the cases, "The enhancement's application will be affected by whether the property damaged or destroyed was government owned or private."

If the judge decides the terrorism enhancement applies to the cases, then each defendant will argue individually against the enhancement. U.S. sentencing guidelines state that for the terrorism enhancement to apply, the defendant or his or conduct must be "calculated to influence or affect the conduct of the government by intimidation or coercion."

The CLDC contends that the government is seeking to label these defendants as terrorists in order to justify the amount of money it has spent pursuing so-called terrorists. And if activists become labeled terrorists, the CLDC expects a chilling effect upon progressive movements.

Sentencing dates for the defendants begin with Stanislaus Meyerhoff on May 22, and continue each day except May 28 until the last defendant, Jonathan Paul, is sentenced June 5. Identification will be required to enter the courtroom, and if the courtroom fills, the hearings will be relayed to another room via closed-circuit TV.

Three Operation Backfire cases will be dealt with in Washington: Briana Waters, Jen Kolar and Lacey Phillabaum. The terrorism enhancement is not being sought in those cases. Waters, the only defendant to continue to plead not guilty, will go to trial on Sept. 17. Kolar and Phillabaum both pled guilty and await sentencing. Phillabaum self-reported to federal prison on Jan. 29.

— Camilla Mortensen