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ENVIRONMENTALISTS CONVICTED
Many environmentalists have been convicted in a court of law on diverse criminal and civil charges.
June 8, 1997. Longview, Washington. Six Rainforest Action Network (RAN) protesters were convicted in a jury trial on felony sabotage charges for forcibly occupying the sides, cranes and crow's nest of a log export ship, the Super Rubin, on October 29, 1996. The protesters said they were protesting Mitsubishi's export of raw logs and their "forest practices." However, the Super Rubin is neither owned nor operated by Mitsubishi, but was merely a convenient platform for publicity. Also, Mitsubishi only purchases logs and does not have any logging operations anywhere in the world. The Port authority was willing to issue a written permit for the protesters at a safe place near the log loading operation. Cowlitz County Prosecutors Lisa Tabbet and Ed Norton charged the RAN protesters with "interference with owner's control," part of a 1919 Washington State sabotage statute prompted by actions of the Industrial Workers of the World (IWW), the "Wobblies." The statute also made a crime of "advocating sabotage," and of "displaying emblems advocating sabotage," both of which are unconstitutional. However, Cowlitz County Superior Court Judge James Warme ruled that the "interference with owner's control" portion of the law was severable and constitutional, and correctly described the felony with which the protesters were charged. The convicted felons were: Leane M. Johnstone; Charissa R. Niles; Mark S. Gosnell; Daniel Wilson "John" Abbott; Nathan Kenneth Stoltz; and Robert Lawrence. Their attorneys filed appeals of the convictions, and all were exonerated on a technicality about the charging documents.
October 3 1996. Helena, Montana. Earth Firster Ronald J. Constable, 27, was sentenced in federal court to one year in a federal penitentiary, $200 in restitution, one year of supervised probation and 500 hours of community service for tree spiking in an October 1993 incident near Essex, Montana (see 1993). Constable was permanently prohibited from entering any state or federal public lands. In June 1996 he became the first person to be convicted under a 1988 federal law against tree spiking. An undercover agent found Earth First literature in his possession. Constable admitted affiliation with Earth First. “Tree-spiking conviction a first,” Helena Independent Record, Saturday, October 5, 1996, by Mark Goldstein, p. 1A.
March 21 1996. Long Creek Ranger District, Malheur National Forest,
Oregon. Earth Firsters calling themselves "Cascadia Rising" blocked Forest
Service Road 4555 leading to the Reed Fire Salvage Timber Sale. They blocked the
road with a Chevy pickup truck turned on its side and a tripod of poles with an
activist hanging from the tip, a tactic known as "hippie on a stick". The
blockage prevented Malheur Lumber Company logging crews from getting to their
work site and kept numerous recreationists from camping and hiking sites. The
leader was long-time Earth Firster Asante Riverwind (alias of Michael Christian,
date of birth February 4, 1953) of the Blue Mountain Biodiversity Project,
accompanied by Jessica Hinton and Steven E. Hazlett and ten others
(unidentified). On Sunday, July 14, 1996, Forest Service Law Enforcement Officer
Gale Wall made contact with Riverwind in the Malheur National Forest and gave
him five Notices of Violation for his leadership of and participation in the
March incident. Riverwind refused the notices and Officer Wall mailed them to
his address in Fossil, Oregon, certified return receipt requested. The total
cost to the taxpayer of the incident including road cleanup was $15,886.60.
Freedom of Information Act file # 6270-1-1 (96-193-MBS).
Assistant U.S. Attorney Barry Sheldal filed an Information against Riverwind,
who entered a guilty plea to one count of blocking a road. On May 8, 1997,
Federal Judge Ancer Hagerty of the United States District Court in Portland,
Oregon, ordered Riverwind to pay a $300 fine, $252.52 restitution and a $25 fee
assessment, and placed him on probation until restitution was paid. Riverwind
paid the next day. Case No. 9757. W. Alton Jones Foundation contributed
$13,140.00 to Riverwind's Blue Mountain Biodiversity Project in 1995 and $18,000
in 1996.
April 1, 1994. Kalispell, Montana. District Court Judge Michael Keedy sentenced two brothers, Earth Firsters Daniel Sean Carter and Michael Thomas Carter, for spiking trees, cutting down billboards and vandalizing logging equipment. Daniel pleaded guilty to 2 of 4 counts of felony criminal mischief, received nine years in prison, suspended, ordered to pay $5,884 in restitution and 200 hours community service. Two charges of cutting down signs were dismissed. Michael pleaded guilty to 3 of 12 counts of felony criminal mischief, was given 19 years prison with all but 90 days in county jail suspended, ordered to pay $34,473 in restitution and 200 hours community service. Other charges of cutting down billboards were dismissed. Michael was also convicted of vandalizing equipment belonging to Schellinger Construction Company. The crimes were committed between December 1989 and July 1991. The brothers worked as carpenters. “Carter brothers to pay $40,000 for spiking trees,” Hungry Horse News, Thursday, April 7, 1994, by Becky Shay, p. 25.
8/27/93. Nez Perce National Forest, Idaho. Seven Earth First activists convicted of criminal trespass for violating a U.S. Forest Service closure of the Cove-Mallard area. Those found guilty were: Jacob Lawrence Bear, 24; Lawrence Alan Juniper, 44; Michael Richard Vernon, 43; Michele E. Pflam, 24; Beatrix A. Jenness; Peter J. Leusch; and Megan E. McNalley. Pflam received the biggest fines as Boyle imposed $250 for violating the closure and another $250 for interfering with authorities by chaining herself with a bicycle lock July 15 to the rear axle of a Forest Service vehicle. “Earth First Activists Convicted Of Violating Forest Closure,” Portland Oregonian, Friday, August 27, 1993, by The Associated Press, p. D6.
8/11/93. Spokane, Washington. Earth Firsters John P. Blount, 32, of Masonville, Colorado, and Jeffrey C. Fairchild, 27, Ashland, Wisconsin, were sentenced for convictions on two counts of tree spiking the Post Office Creek timber sale in Idaho in March 1989, two counts of destruction of federal property and two counts of conspiracy. Blount was handed a 17-month jail term and fined $1,000. Fairchild was given 60 days in jail and a $1,000 fine. Both were ordered to pay a one-quarter share of the $19,639 in damage to spiked trees. A third defendant, Daniel A. LaCrosse, 36, Salem, New Hampshire, was charged with conspiracy to spike trees and conspiracy to destroy government property. Two other defendants, Arvid Hartley and Neil McClain were both sentenced to 90 days home detention and ordered to pay their share of the $19,639. “Clearwater Forest Trial Opens In Idaho Tree-Spiking Case - Lawyer Denies Intent To Harm Anyone,” Lewiston Tribune, June 8, 1993, by The Associated Press, p. 5A. See also, “U.S. tree-spiker sentences ‘surprisingly’ stiff,” Vancouver Sun (British Columbia), August 17, 1993, by Neal Hall, p. C1.
6/4/93. Missoula, Montana. Arvid E. Hartley and Neil K. McLain pleaded guilty in federal court to misdemeanor charges of spiking trees in Idaho. They agreed to testify against three others accused in a tree-spiking March 29, 1989. Accused were John Blount, Jeffrey C. Fairchild and Daniel A. LaCrosse. Hartley and McLain both admitted that they put metal spikes in trees with the intent to hinder a timber sale in the Post Office Creek area of the Clearwater National Forest near Powell, Idaho. “Two Plead Guilty To Spiking Trees To Stop Sales In Idaho,” Portland Oregonian, Saturday, June 5, 1993, from correspondent and wire reports, p. B8.
8/13/92. Cove/Mallard, Idaho. Three Earth First activists pleaded guilty to criminal trespass and spent 9 days in jail for locking themselves to road-construction equipment in Nez Perce National Forest. Tree-spiking discovered in old-growth timber stand nearby. The three had been charged with resisting arrest, obstructing justice and injury to a vehicle. Each was fined $100 and sentenced to 60 days in jail. “Earth First! Activists Get Out of Jail - Trio Had Chained Selves To Road Construction Gear In Idaho; Spiked Tree Found Nearby,” Rocky Mountain News, Thursday August 13, 1992, by Associated Press, p. 1.
6/13/91. Murphysboro, Illinois. Three Earth Firsters, Rene Cook of Murphysboro, John Wallace of Waterloo and Thomas Herb of Carbondale were convicted on misdemeanor charges of disorderly conduct, obstruction and criminal trespass. “Three convicted in timber protest,” Southern Illinoisian, June 13, 1991, by Phil Brinkman, p. 1A.
7/16/90. Gallatin County, Montana. Earth Firster Lyn “Lee” Georges Dessaux arrested on two counts of misdemeanor assault, one for multiple stabbings of Dan R. Jacobs of Kalispell with a ski pole, the other for multiple stabbings of Hal Slemmer of Billings with a ski pole, in a Fund for Animals protest on March 17 to disrupt the buffalo hunt near West Yellowstone. Dessaux became so violent that the animal rights video camera operator documenting the scene stopped taping and screamed at Dessaux to stop. Dessaux was found guilty on both counts February 8, 1991 in a jury trial in Justice Court in Bozeman (Case Number CR90-0963). Justice of the Peace Scott Wyckman sentenced Dessaux to 6 months in Gallatin County Jail, suspended to 45 days. Dessaux was released after 28 days on condition he perform community service with the Humane Society in lieu of paying court debts, but the shelter rejected his help. Sentence in the case of The State of Montana v. Lyn Georges Dessaux, Case Number CR90-0963, February 8, 1991. “Shelter Rejects Bison Activist - Humane Society Won’t Take His Help,” Bozeman Daily Chronicle, Saturday, March 9, 1991, by The Associated Press, p. 1A.