Two women sentenced to prison in 'Operation Backfire' arson cases

By Bill Bishop

The Register-Guard

Published: Friday, June 1, 2007

Sternly warning that future acts of arson for political causes - whether "terrorism" or not - can carry heavy penalties, U.S. District Judge Ann Aiken on Thursday sentenced two more Operation Backfire defendants to prison.

In the case of Suzanne Nicole Savoie, Aiken ruled that one of Savoie's two arsons fell under the federal sentencing law for terrorism that provides a stiffer sentence for arson.

In the case of Kendall Tankersley, Aiken found that her single arson against a private company in Medford did not fit the federal definition for terrorism because it was not aimed at the government. However, Aiken invoked her judicial authority to increase the penalty the same as if it were a crime of terrorism.

"Using violence and intimidation against individuals really isn't much different," Aiken told Tankersley.

However, as required by law, Aiken also weighed a number of other factors - including their crime-free lives since leaving the secretive conspiracy, and their willingness to help prosecutors understand the case - before lowering each woman's sentence.

After separate hearings, Savoie, 29, was sentenced to four years and three months in prison. She could have received at least 11 years. Tankersley, 30, was sentenced to three years and 10 months. She could have received more than eight years. She was not prosecuted for participating in two relatively minor arsons at trucking companies in Northern California.

Each sentence was slightly less than recommended by prosecutors in their plea deals. Savoie was spared one year; Tankersley five months. Aiken indicated that the extra reductions are a reward for the women's cooperation.

Thursday's sentences - the fifth and sixth among the 10 Backfire defendants - set the stage for the four who pleaded guilty but declined to name others as part of their plea deals. Two of them are scheduled today and one each on Monday and Tuesday. The remaining three defendants are fugitives.

Savoie admitted being a lookout at the Jan. 2, 2001, fire at Superior Lumber Co. in Glendale - causing $1 million in damage; and with being a planner, driver and lookout for the May 21, 2001, fire at Jefferson Poplar Farm in Clatskanie - causing $994,000 in damage.

Aiken ruled the tree farm arson a crime of terrorism because the arsonists' communique about the event ridiculed proposed legislation aimed at such crimes, making the government a target of the act.

Steve Swanson, the head of Superior Lumber, testified Thursday that fear of violent attack still lingers years after the arson at his company.

But he also said it was one of the company's proudest moments, as the small family-owned firm worked around the clock to meet payroll, pay bills, serve customers and survive the loss.

Assistant U.S. Attorney John Ray told Aiken that Savoie's criminal conduct began with disrupting fox hunts in Wales and more than $1 million worth of genetic engineering projects in the United States, for which she was not charged. She also participated in the 1999 World Trade Organization protest in Seattle that "placed Eugene on the map as a hotbed of activism," Ray said.

Savoie left the conspiracy in 2001, moved to Southern Oregon and took up a law-abiding lifestyle homesteading in the mountains with

her husband. She worked with developmentally delayed adults in Ashland, according to court records.

After her arrest, Savoie helped prosecutors understand some of the inner workings of the secretive cell called "The Family," Ray said. Savoie also has been free of any drug, firearms or other crimes since she left the conspiracy, he said. Prosecutors took that, and other factors, into account to offer her a plea deal much lower than allowed by law, he told Aiken.

"This is not a political case. This district has not received any pressure from Washington, D.C., to make this a political case," Ray told the judge. "We have a responsibility, as the government, to adhere to the (sentencing) guidelines. We believed ... the terrorism enhancement applied. We looked at the resulting sentences and we thought they were unfair."

Tankersley admitted serving as a lookout for an arson at U.S. Forest Industries in Medford on Dec. 26, 1998. When the incendiary devices failed, she returned with another conspirator who touched them off.

Jerry Bramwell, head of the company, said the fire's effect rippled through the company of 600 employees, but the community pitched in to help.

"Everybody offered to do anything necessary to help us; competitors, customers, employees. It was pretty gratifying," he testified. "We adopted the attitude if we let this get us down then they - whoever they are - have won and we have lost."

Tankersley had "dramatic self-rehabilitation and growth" after leaving the conspiracy, Ray said. Evidence shows that Tankersley's activism flared and faded quickly. She was about to enter medical school when she was arrested in late 2005. Two of her professors and others testified about her achievements and character.

In statements to the judge, each woman renounced her crimes and apologized to the victims.

Aiken urged both to use their time in prison to reflect on who they want to be when they are released, and to help other inmates do the same.

She imposed restitution of $1.9 million for Savoie and $990,000 for Tankersley, but said both also owe a debt to society that could be offset if they help children understand how to make better decisions than they did.