Report on Meyerhoff's sentencing

5/22/07
Today, Judge Ann Aiken heard sentencing arguments for
Stanislas Gregory Meyerhoff.  Hearing continues into
5/23/07.

U.S. Attorney's arguments
Assistant US Attorney Kirk Engdall argued the sentencing of
Stan Meyerhoff, characterizing him as a "serial arsonist
who became leader of the cell known as The Family" and used
the ELF to justify their crimes.  Told judge and courtroom
that ELF originated in 1992 by Earth First! In England.
Philosophy and tactics then adopted by ALF.  ELF/ALF rules
include strict nonviolence guidelines which include ecomic
sabotage, vandalism, etc.   Goals include: (1) inflict
maximum economic damage of exploiters, (2) educate public
about issues of concern, (3) take all necessary precautions
against loss of human life. (Kirk says this is only for
convenience). He said that cell members existed largely on
a subsistence lifestyle, dumpster diving, squatting
abandoned
buildings, growing and selling marijuana and shoplifting
for necessities. Describing the cell as extremely
secretive, he went on to enumerate steps taken to protect
anonymity, including the use of aliases, code words,
computer encryption, falsified documents to obtain licenses
and other identification. He asserted that the cell
educated members and others on arsons and philosophies.  He
said that Meyerhoff attempted to improve designs to
incendiary devices, and published how-to zines that were to
be broadly distriubuted as well as conducted trainings on
manufacturing devices for the Book Club.

He then went on to enumerate each of the crimes to which
Stan has admitted, using a Power Point display to show
slides and videos of the targets and the damage done to
them. He discussed the "heady days" of the early years
of the conspiracy, saying that in October of 1998,
Meyerhoff was recruited by Bill Rogers to burn Vail. He
asserted that the public communiques were popular in
environmental media which extolled the movement and decried
the victim, and that communiques were only to be sent if an
arson was successful and popular with the movement, and
there were no injuries. He claimed the group destroyed GE
research, calling it "reckless science" in communiques.
He said the Book Club met 5 times in 5 locations in 3
states over 2 years; that the last meeting was in the
summer of 2001, in Sisters, OR. The meeting was intended to
impvove knowledge and techniques of arsons.

He characterized Stan as becoming more of a leader in
each action... planning the actions, building the devices,
and recruiting cell members. He said that Meyerhoff became
increasingly frustrated with the ineffectiveness of the
actions ("impotence of arson). Engdall said that Stan
spoke with Rogers about escalating to violence against
humans, but that after the burning of wild horse corrals at
Litchfield, CA, the group went their separate ways.

Kirk characterizes Meyerhoff as smart, but lonely.
Described him as a social misfit, rejected by his peers, a
loser.  The he met Chelsea Gerlach and began a "downward
spiral to becoming an angry individual.  He said the
defense would argue that Gerlach "led him down the path of
crime", but that Meyerhoff continued doing arsons after
Chelsea left him. Engdall said Rogers and Meyerhoff had
private and public discussions about targeting corporate
leaders for assassination, and that Meyerhoff engaged in a
conspiracy with Joseph Dibee to assassinate Jonathan Paul.
Engdall said the two were approached by law enforcement in
Williams, OR after getting lost and called the hit off.

Substantive Arsons:
10/11/98 BLM Rock Sprgs, WY. Attempted arson, aborted
because of horse stampede. Original target was Vail, but
decided on 2nd target.  Engdall claimed they targeted BLM
to intimidate, coerce, and retaliate against the US and
BLM.  The communique says they freed 100 wild horses,
informed the public of slaughter of wild horses.

10/19/98 Vail.  Meyerhoff leaves before arson, but helped
with devices.  Rogers does it on his own with Gerlach
driving him.  Feds say even though the arson targeted
private corporate expansion, it was on federal land, and so
was targeting government.

5/9/99  Childers Meat Co., Eugene, OR

12/25/99 Boise Cascade logging company, a private industry,
but feds argue they do public and private lands logging,
therefore targetting "government".  Stan placed the
devices.  Targeted multinational coroporations that don't
respect the ecostsytem (video clip of fire)

12/30/99  BPA Power tower toppling for Y2K, near Bend, OR.
(CG, SM, Jake Ferguson, J. Overraker).  Hoped for LA power
outage, but power was rerouted before blackout.

9/6/00 West Eugene public safety station, Eugene, OR.
Gerlach, Meyerhoff, Tubbs, Ferguson
Meyerhoff organized the arson and tested a new device.
Engdall claims motive was because activists were angry at
EPD because of the Rob Thaxton case, and were pepper
sprayed by EPD during the 7 Week Revolt.  Kirk says this
arson was incredibly dangerous because it was a risk to
people in a busy place. Device was mounted on bike and
leaned against building. Engdall asserted it was "clear
retaliation against the EPD and therefore an attack
against government and a terrorist act. Fire was put out by
hospital security guard with a small fire extinguisher.
(don't think they use fire extinguishers to deal w/
terrorist attacks in the middle east eh?)

1/2/01 Superior Lumber Co., Glendale, OR.  Meyerhoff
constructed timers and placed devices as co-leader.
Communique issued said escalation of tactics against
capitalism and industry.

3/30/01 Romania II.  Statement of defiance for Jeff Luers.
Engdall said Stan referred to this action as the "big
one", that he tested a new device -sheets soaked in fuel
connecting the SUVs.  Meyerhoff recruited Block & Zacher
from Olympia.  35 SUVs destroyed, very effective arson.
Video clip shown to demonstrate dangerousness of fire to
firefighters. Slides of fire and burning, released toxic
gases and fumes, hazmat team called. The Feds called it an
attack on the state because of the prosecution of Jeff
"Free" Luers.

Jefferson Poplar Farm, Clatskanie, OR.  Engdall says
Meyerhoff was team leader, "double whammy" with
University of WA arson.  Recruited Block & Zacher, McGowan
("who was always invited to GM actions" according to
Engdall). Tubbs, Gerlach, Ferguson were advisers only on
this one.  Farm states no GM research conducted there, only
hybrid research.  3 buildings targeted, 2 burn.

10/17/01BLM Litchfield, CA horse corral.  Meyerhoff built
devices.

He enumerated other actions Stan was involved in that he
was not being charged with, including an arson at Pima
Canyon Estates (a luxury development in Tucson, Arizona)
6/12/01, another at Michigan Tech University 11/5/99,
8/28/99 BioDevices animal liberation, Judie timber sale
tree spiking 2/20/01, the destruction of culverts at Eugene
Sand and Gravel, and 3 GE actions against Monsanto, OSU and
VA Polytech. In all, he said Meyerhoff had been involved in
actions totaling over 30 million dollars not including
uncharged crimes.

Engdall then called witnesses to testify. The manager of
Jefferson Poplar Farm said they were engaged in research of
hybrid poplar trees, highlighting the "green" uses of them.
He said he was the one who discovered devices in the office
building that had not ignited. OSP was called in to remove
the devices. He said the overall effect was that his
employees were inconvenienced and emotional, spare parts
and tools were lost, and that he eventually laid off the
workers and closed. The Deputy Chief of the Clatskanie
Rural Fire Department then took the stand. He said that
when he got to the site, two buildings were on fire, so he
doubted it was an accident. He said he could smell propane
near the tank, and that it was very close to the building.
He testified that he thought the tank could rupture and
become a "fireball", and that the tank could be propelled
into the air from an explosion. Meyerhoff's attorney
cross-examined him, and he said that the fire was put out
prior to his shutting off the tank, and that remains of the
device were still intact.

Engdall summed up with the things taken into consideration
for the feds' recommended sentence, such as the danger
involved, the number of crimes, the complexity of them, the
threat to life and property. He said that Romania and
Jefferson Poplar were especially dangerous, and that
Meyerhoff had taken a leadership role. He said they had
spoken to Meyerhoff's  mother, family and friends, and that
they take into account his age, any psychological issues,
any abuse in life, any indications of violence. They also
consider his cooperation, the TIMING of his cooperation...
was it initial, delayed or influenced by others? Was his
cooperation valuable? Did he encourage others to cooperate?
He said they had also considered the deterrent effect of
any sentence to be recommended, and its effect on future
prosecutions. He said they had consulted with US Attorneys
in Oregon, CA, CO, WY, AZ, MI, and WA, the FBI, BATF, USFS,
BLM, ODOJ, US DOJ, OSP, EPD, who were all "integral" to the
investigation, and that their recommended sentence was 180
months. He said they recommended this sentence based on
Meyerhoff's role as a serial arsonist, but mitigated based
on the fact that he was law-abiding before and after his
involvement, and because he cooperated even without the
presence of a lawyer, and continues to cooperate. His
aggravating factors are his leadership role, his role as
strategist, as an "arson emissary", that he taught others
to start arsons and cells. He said the maximum sentence
Meyerhoff could have received was 1, 245 years, and that
the terrorism enhancement clearly applies to him.

Defense Arguments
Meyerhoff's defense attorney, Terri Wood, began by calling
witnesses. Jim Smith, and arson investigation expert was
first. He examined the fires at Jefferson Poplar, Romania,
and Childers. Wood asked if the propane tank at Jefferson
Poplar could have exploded at the time the first responders
arrived. He said not if the tank was venting through the
pressure valve. He testified that he's done extensive
research on expanding gas explosions. He said that smaller
amounts of pressurized gas create larger explosions, due to
the fact that propane will boil faster in smaller amounts.
He said that at Jefferson Poplar the tank would have
required an excessive amount of heat at the bottom of the
tank, or the tank would have to be engulfed in flame for it
to explode, and that the placement of the two incendiary
devices 6-7 feet from the tank would not have created
sufficient heat for that to happen. He stated that if the
pressure valve had failed, there would be no explosion, but
a blowtorch effect. As to the vehicles on the property, he
said that the highest fuel load and chance for an explosion
in a vehicle burn is the tires, and that firefighters know
this, and put the tires out first. There was no explosion
at Jefferson Poplar. As for Romania, he said that there was
no damage to the offices, that the area where the vehicles
burned was really hot, but heat rises, so the damage was
contained to the vehicle area. Responding to the ATF report
about a device being placed close to a gas meter at
Childers, he said a meter rupture would not have caused an
explosion, but a blowtorch effect. He said that since it
was a non-home structure, that firefighters knew there were
no people inside, and did not therefore take dangerous
risks to rescue people. Safety is their #1 concern if a
building is engulfed, so they back off and try to contain
the fire.
Wood also called Zelda Ziegler, a former Department of
Energy contractor in incident response, to testify on the
same subject.

Wood then spoke of the vulnerability Stan would experience
due to his cooperation with the government, and cited media
attention to his cooperation, such as in Rolling Stone, and
articles in the Earth First! Journal that print "veiled
threats" against snitches, as well as on Portland
Indymedia. She stated that Stan has been added to Who's A
Rat website, and referred to a dispatch from Jeff Luers of
12/05 saying that snitches "should be treated
acccordingly".

Then she called Paul Solomon, director of men's services at
Sponsors, Inc., a local Eugene post-incarceration support
service provider. Solomon testified that he'd spent nine
years in prison for robbery and drug crimes, including five
years of federal time in Sheridan, OR. He stated that
"snitches" or "rats" are at the bottom of the pecking order
in prison, second only to child molesters. He said they are
abused, extorted for protection, and assaulted... anything
from name-calling to stabbing... and are more susceptible
to sexual abuse as they are prime targets for exploitation.
He testified that maximum security facilities house more
violent offenders, while minimum-medium facilities have
more programs giving offenders a vested interest in earning
"good time". He said that Stan would have a particularly
hard time if placed in a maximum security facility due to
his lack of "street sense", and his lack of criminal
knowledge... how to survive in the joint. This would only
be exacerbated by the "snitch jacket".

Next up was Harvey Cox, a retired Bureau of Prisons warden
from Texas, and a former correctional consultant at Terre
Haute, Indiana Federal Penitentiary (the "terrorist"
prison). He said that Stan's classification will be decided
by the Bureau of Prisons by worksheet on a point system,
which includes these factors:
- did felon voluntarily surrender?
- the severity of offenses (arson rates at highest severity
level)
- criminal history ( terrorism enhancement would raise Stan
from a  0 to 10)
- history of violence
- history of escape
- detainers (?)
- age factor
- education level
-drug or alcohol abuse history
He said 12-15 points is low security, 16-23 is medium, and
24+ is high security, with some discretionary latitude
allowed. Other factors considered are public safety factors
such as gang affiliation or other "disruptive group"
affiliation, which the ELF could be. He talked about the
politics involved, stating that the BOP work for Atty
General Alberto Gonzales, and that the bureau will do what
he says. ELF is the #1 domestic terrorist threat? Stan is
likely to be designated high security and sent to a
supermax facility like Terre Haute. He said supermax
prisons are "hard to get into". He said that inmates spend
23 hours a day in lockdown, with one hour in a caged area
considered a "yard". He said typical high security prisons
house the most violent offenders with prior records who are
"criminally sophisticated". Snitches are frequently
assaulted. He said he had seen two to three assaults a
week, anything from minor injuries to murder. He said that
the sensory deprivation of prisoners locked up for "their
own protection" leads to severe psychological problems.

Judge Aiken interjected that the Bureau of Prisons says
they can't comply with her recommendations. She asked Mr.
Cox what she could do about this. He told her to write a
personal letter, instead of just the usual forms, to the
Regional Director highlighting the extraordinary
cooperation of this defendant in a high profile case,
explaining that Stan is not viewed as a security risk or
violent, and to say that he's not a terrorist even if the
terrorism enhancement is applied. He said a letter from the
US Attorney would get lots of attention and be even more
effective.

Then Dr. Robert Stanulis took the stand. He is a forensic
neuro-psychologist who evaluated Stan. He said that Stan
was only 21-24 years old when he was involved in ELF, that
he was not a leader of the group, but was a competent
individual with his assigned tasks, eager to please a
leader. As to his tendency to violence, Dr. Stanulis said
Meyerhoff scored very low on that scale. He said that
Stan's motivation was to make the world a better place,
even though the tactics were criminal, and that though he
had toyed with the idea of violence, as an intellectual he
disregarded it as an option. The Dr. characterized Stan as
a "passive non-violent" person who rationalized his acts as
civil disobedience. He stated that because Stan is
committed to making the world a better place, his
likelihood of recidivism is low. He said that the frontal
lobe development of a 22-24 year old doesn't fully
rationalize long-term consequences. He then listed the
possible consequences of a long and violent prison
experience... Post Traumatic Stress Disorder, depression,
suicide, and the risk of increased radicalization in
prison.

Wood then showed a video with short testimonies of several
of Stan's professors at Central Oregon Community College,
and several of his relatives, as well. Then Stan's mother
testified, and plead with the court for leniency. Court was
recessed for the day.

5/23/07
Meyerhoff's attorney, Terri Wood, started off the day with
objections to the fed's use of defendants' debrief info
(which she contends is inadmissible) to characterize Stan
as a leader in the Jefferson Poplar and Romania actions.
The government conceded to the objection.

Wood said that the incident with Joseph Dibee did not
involve anything related to the movement, that Stan didn't
agree to murder anybody. She said it was more likely that
Joseph was just "blowing off steam" and that Stan just
"went along for the ride". She said that was Stan's last
contact with Dibee. She claimed the government was
overreaching with regards to the talk of escalating
violence, and that talk of assassination was revolutionary
speech is protected by the first amendment. She then
brought
up factual disputes regarding the application of the terror
enhancement, saying that the government's assertion that
any actions that caused injury or death would not be
claimed by the ELF (per Craig Rosebraugh) implied there had
BEEN actions that caused injury or death but were
unclaimed... an assertion with no basis. She objected to
the government's characterization of Stan as a leader in
the West Eugene Police substation arson, and the
implication
that the propane tank at Jefferson Poplar was just "waiting
to explode"... all hyperbole.

The feds responded that under the plea agreement, the
stipulation of facts says that Meyerhoff took a leadership
role. Savoie and Phillabaum both placed him at the location
of the Monsanto action (for which he is not charged). A
contact in Michigan advised them that Meyerhoff had gone
out and trained him in the construction of devices.

Wood countered that under the plea agreement, the
stipulation of facts for each count was not a waiver of
debrief privilege. The judge agreed, saying that hearsay
statements during a sentencing is allowed, but that due
process still exists, so hearsay can't be relied on for
sentencing unless there is extensive evidence.

Wood's objections to the application of the terrorism
enhancement were next. She reiterated the government's
burden of clear and convincing evidence for each defendant.
She said the only uncontested information on motivation
factors are the communiques. She said the only government
property destroyed were the Bonneville Power tower, and the
Eugene Police substation, and that neither of those had
issued communiques. All other crimes were against private
industry. She said that, furthermore, the communiques do
not establish by clear and convincing evidence the  motive
to retaliate, coerce or intimidate. She argued that the
Romania communique was solely about torching SUV's, not
changing laws, and that there was no belief that the action
would influence the government by intimidation or coercion.
She said there was no adequate link, that it was a clear
expression of defiance, not retaliation. In the Vail
communique, there is no mention of a federal lawsuit. Being
defiant of government is NOT retaliation, and is not
intended to coerce the government. As to the BLM arsons,
she said there is conspiratorial liability only for Stan,
that they don't qualify as predicate crimes under
844(f)(g). She also argued that if the terror enhancement
is applied, and the judge decides to downward depart the
Criminal History category from a 6 to a 1, it would still
be a misrepresentation of Stan's true Criminal History.

The government responded that the communiques are potent
exhibitors of motive, especially the Romania communique
shows a strong anti-government sentiment.

Wood pointed out that Stan played a role in arsons of
unoccupied structures, which statistically result in very
few injuries. She said there are four factors to be
considered in sentencing, 1) the seriousness of the
offense; 2) the need to protect the public; 3) the
deterrent effect of prison on others; and 4)the
rehabilitation of the defendant. She asked the court for a
lesser sentence... not a downward departure, but less than
the advisory range of the government. She said the Bureau
of Prisons can't guarantee Meyerhoff's safety. She
referenced Rule 35, to get him out of prison to Community
Corrections
Center.
She said there's no way for the court to protect him once
in prison, that the only thing to do is decrease his time
or put him in lockdown. She requested less than five years.
She pointed out that Jacob Ferguson was allowed out on a
deal where he allegedly will plead to 1 count of
arson with probationary sentence which is a huge
sentencing
disparity and overreach by the feds. She argued that the
$18M judgement for restitution is a heavy penalty that will
hinder Meyerhoff for the rest of his life. She asked for a
waiver of accrual of interest. And requested a letter from
the court to the Bureau of Prisons, and to change the
Criminal History category to 1 if the terrorism enhancement
is applied. She also asked the court to require the US
Attorney's office to write a letter to the BOP.

The government made their final comments, stating that
their recommendations are not overreaching, that
Meyerhoff's crimes would get a mandatory minimum of 230
years or a life sentence due to the multiple crimes and
causing fear. They said 188 months accomplishes federal
obligation in this case.

Stan then read a statement to the court. He apologized for
his "extremist barbarity", referring to himself as an
"ordinary bigot". He said the actions were
counter-productive to the goal, and that "fear cannot
replace discussion". He said he regretted his time in the
"thuggish ELF" and said he had succumbed to "youth's weak
will". He offered his "most profound apology"... sorry "in
every sense of the word". He said his acts were selfish and
egotistical, cowardly and arrogant. He regrets his choices.
He engaged in "ELF violence for the sake of false pride",
and begged for forgiveness.

Judge Aiken spoke before issuing her ruling. She referred
to a Native folk tale, that says we have two wolves inside
us - one good, one bad. The wolf we feed is the one that
wins. She said "For a very long time you've been an evil
boy." It was "dumb luck" that no one was hurt. She said,
"You are not a terrorist in the traditional sense of the
word", but said he'd engaged in conduct intended to
intimidate or retaliate, whether government or private
individual. She said he'd used his knowledge to teach
others to engage in arson, and that she rejects the notion
that he did not do it for personal gain. She said she
doesn't believe he intended to save the environment. "True
environmental activists were harmed by your actions." She
said she would write any letter to help with his placement
in prison. She urged him not to have cowardly (suicidal)
thoughts. She reads letters from another inmate she has
been corresponding with who is having a rewarding
experience teaching and tutoring in prison. "Don't be a
coward. Step up. Be an asset."

She then enumerated all the sentencing guidelines, with
upward or downward departures (which I won't detail here
because it's 3 a.m.), the application of the terrorism
enhancement for Romania, Jefferson Poplar, and the West
Eugene PD substation, and issued 156 months, with 3 years
supervised release, and a letter to the judge every 6
months.  Also added condition that he not have
contact with any environmental or animal rights
activists or organizations.