Anti-terrorism law weighs case by case.Byline: Bill Bishop The Register-Guard The nation's anti-terrorism law may - or may not - apply to some or to all of the 10 co-defendants in Operation Backfire Operation Backfire may refer to:
The law allows a much harsher sentence when a defendant's act involved or was intended to promote a crime that sought to influence, affect or retaliate against government conduct. U.S. District Judge Ann Aiken Ann L. Aiken (born December 29, 1951) is a United States District Court judge for the District of Oregon. Aiken was born in Salem, Oregon and graduated from the University of Oregon in 1974, Rutgers University in 1976, and the University of Oregon School of Law in 1979. ruled that federal prosecutors must prove by clear and convincing evidence clear and convincing evidence n. evidence that proves a matter by the "preponderance of evidence" required in civil cases and beyond the "reasonable doubt" needed to convict in a criminal case. (See: beyond a reasonable doubt) whether each of the 10 defendants falls within the law during individual sentencing hearings scheduled during the next three weeks. Lawyers on both sides of the case have awaited a·wait v. a·wait·ed, a·wait·ing, a·waits v.tr. 1. a. To wait for. See Synonyms at expect. b. Aiken's ruling since a daylong day·long adj. Lasting through the whole day. adv. Through the day; all day. Adj. 1. daylong - lasting through an entire day hearing one week ago in which they argued over whether the law applies to co-conspirators, whether Congress intended the law to apply to crimes lacking a substantial risk of harm to people or that did not cross national boundaries, and other legal points. The ruling's first effect will unfold unfold - inline today, when defendant Stanislas Meyerhoff faces Aiken for a sentencing hearing. Under federal law, Aiken has broad discretion in deciding a sentence for Meyerhoff, a 29-year-old former Eugene resident who pleaded guilty to conspiracy and other crimes in seven separate arsons over a three-year period. His plea deal calls for a 15-year, eight-month prison term. Factual disputes in each defendant's case preclude pre·clude tr.v. pre·clud·ed, pre·clud·ing, pre·cludes 1. To make impossible, as by action taken in advance; prevent. See Synonyms at prevent. 2. a more specific finding on the terrorism question, Aiken wrote. In each case, deciding whether the terrorism law applies is only one step in the process of deciding a sentence, she wrote. Negotiated penalties in plea deals generally "weigh heavily" in judges' sentencing decisions, she wrote. `The issue the court must decide is not whether the defendants are `terrorists' as the word commonly is used and understood in today's political and cultural climate,' Aiken wrote. "Nor is it appropriate for the court to speculate whether the government seeks to promote a particular political agenda or to punish pun·ish v. pun·ished, pun·ish·ing, pun·ish·es v.tr. 1. To subject to a penalty for an offense, sin, or fault. 2. To inflict a penalty for (an offense). 3. a particular form of activism ... the debate is about the defendants' criminal conduct - not their political beliefs." Both sides garnered victories and defeats in Aiken's 46-page ruling. For example, prosecutors had argued that they are not required to meet the relatively high standard of "clear and convincing evidence" in proving the intent and conduct of the co-conspirators. Aiken ruled otherwise. In another blow to prosecutors, Aiken agreed with defense lawyers who argued that the crimes of arson arson, at common law, the malicious and willful burning of the house of another. Originally, it was an offense against the security of habitation rather than against property rights. and destruction of government property cannot be considered crimes intending to promote terrorism because those provisions of federal law were not in force when the conspiracy dissolved dis·solve v. dis·solved, dis·solv·ing, dis·solves v.tr. 1. To cause to pass into solution: dissolve salt in water. 2. in October 2001. In a blow to the defendants, Aiken ruled that the law requires neither a substantial risk of serious physical injury nor an international act in order for a crime to fall under the terrorism law. She also disputed defense lawyers' assertions that the issue is "uncharted" in federal law and cited other cases where offenders were subject to the terrorism law even though their crimes caused only property damage. "The terrorism enhancement has been applied in cases where far fewer or no acts of arson were committed," Aiken wrote. The so-called "terrorism enhancement" sentencing law could add 20 years to each of the defendants' sentences, although that will be up to Aiken. A label of "terrorist" also means the defendants would spend their terms in the nation's harshest high-security federal prisons. Defendants' lawyers argued that the terrorism law cannot be applied to a conspiracy. Aiken ruled that it can be, if the government can prove the defendants intended to influence or punish government conduct with their crimes. She also ruled that she must consider the crimes and intent of each co-conspirator before determining whether the terrorism law applies to that individual under the laws defining conspiracy and terrorism. In her ruling, Aiken said she intended to help lawyers focus on the issues that will come up in 10 individual hearings on evidence about each defendant's role in the conspiracy and how it applies to Aiken's interpretation of the law. Meyerhoff's hearing is today. A hearing for Springfield resident Kevin Tubbs, 38, is scheduled for Thursday. A hearing for Chelsea Gerlach, 30, a former South Eugene High School South Eugene High School is a public high school located in Eugene, Oregon, United States. It was founded as Eugene High School around 1900, and was located at Willamette Street and West 11th Avenue in a brick building that later served as Eugene's city hall. student, is scheduled for Friday. By their own admission, Operation Backfire defendants conspired to commit at least 20 arsons or attempted arsons in five states from late 1995 until late 2001, doing more than $40 million in damage. Their members set eight simultaneous fires at a Vail Vail (vāl), town (1990 pop. 3,569), Eagle co., W central Colo., on Gore Creek, in the Gore Range of the Rocky Mts.; founded as a ski resort 1962, inc. as a town 1966. , Colo., ski resort, igniting nationwide awareness of the radical underground environmental movement. They also destroyed the Oakridge Ranger Ranger Any of a series of unmanned probes launched from 1961 to 1965 by NASA. The project was NASA's earliest attempt to explore the Moon's surface. Ranger 4 (1962) became the first U.S. spacecraft to hit the Moon, crash-landing on its surface as planned. Station in 1996, burned 35 SUVs at a Eugene truck dealership in 2001, and attacked a Eugene police substation in 2000. OPERATION BACKFIRE Ten environmental activists will be sentenced in the conspiracy. Today: Stanislas Gregory Meyerhoff, 29; guilty of conspiracy, 51 counts of arson in six incidents, eight counts of arson related to an attack on a Vail, Colo., ski resort, and lesser charges; government seeks a sentence of 15 years, eight months Coming up: The other nine face sentencing between Thursday and June 5: Kevin Tubbs, Chelsea Dawn Gerlach Chelsea Dawn Gerlach (born in 1977) is a radical environmentalist associated with the Earth Liberation Front and the Animal Liberation Front.[1] She was arrested in Portland, Oregon on December 7, 2005, and on July 21, 2006, she pleaded guilty to three counts of , Darren Todd Todd , Sir Alexander Robertus 1907-1997. British chemist. He won a 1957 Nobel Prize for his study of nucleic acids and nucleotide structures. Thurston, Suzanne Nicole Savoie, Kendall Tankersley, Joyanna Lynn Zacher, Nathan Fraser Block, Daniel Gerard McGowan, and Jonathan Paul |
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