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About Eugene weekly. (Eugene, Oregon) 1993-current | View Entire Issue (June 7, 2007)
I Can’t Believe Its LOCALLY MADE! BY CAMILLA MORTENSEN Hard Time Eco-saboteurs may face high security prisons M any of those sentenced in Operation Backfire face possible incarceration in maximum-security prisons or facilities designated for terrorists due to the application of the terrorism en- hancement. The last of the Backfire sentencings did not take place this week as scheduled. After sev- eral hours of discussion, federal Judge Ann Aiken had pronounced a sentence of 51 months for Jonathan Paul. But at the very last moment, Marc Blackman, attorney for Paul, disputed the application of federal sentencing guidelines. The date of the sentencing is not set, and is not expected to take place for sev- eral weeks. points allowed for a medium-security facility. Federal inmates may request particular placements, but must go wherever the system sends them. Often prisoners are sent hundreds or thousands of miles away from families and loved ones. During Meyerhoff’s sentencing, the de- fense discussed at great length the possible consequences of being labeled with the terror- ist designation. Aiken at later sentencings said, “This is not meant to label you a terrorist. Elements of your offense used force and in- timidation to affect the conduct of govern- ment.” The Bureau of Prisons (BOP) will ulti- mately choose where prisoners are sent and NEW AT THE PIE! (You must come try!) EARTHBOUND CREATIONS (Formerly Positive Patchwork) Women’s & Men’s HEMP Clothing Made in Eugene! We feature 80 Oregon artists and Crafters! Dirtline Clothing ★ Dhira Lawrence Art ★ Merry Hempsters Body Products ★ KC’s Deluxe Hats & Twine ★ Secondhand Saints Bottlecap Jewelry & Recycled Clothing ★ Nemo’s Utopia Art ★ Same Underneath Clothing ★ Jewelry ★ Glass ★ Sweet Potato Pie Clothing We’ve got the LOCAL PIE you want to BUY! Voted Eugene’s BEST LOCAL CLOTHING STORE! Monday-Saturday 10-7 / Sunday 12-6 ★ Corner of 11th & Willamette ‘There were reports of abusive use of restraints and of electro-shock weapons, and allegations of sexual and physical abuse in several prisons and jails.’ – Amnesty International Paul, unlike eight of the other defendants, did not receive the terrorism enhancement for his participation in the arsons. Paul was in- volved in the Cavel West horse slaughterhouse fire, which like the fires at U.S. Forest Industries, Childers Meat Company, Superior Lumber and Boise Cascade did not have “clear and convincing evidence” they were “calculated to influence or affect the conduct of government by intimidation or coercion, or to retaliate against government conduct.” Paul, when he does get sentenced, has re- quested placement at Federal Correctional Facility (FCI) Sheridan. Sheridan is a medium security facility that also has a nearby mini- mum security federal prison camp. The camp made the Forbes.com “Home Page for the World’s Business Leaders” list of 10 best places to go to prison. Although Paul and other defendants with- out the enhancement may eventually be able to enter one of the prison camps, most of those sentenced face long sentences in stark facili- ties. The enhancement requires the defendants be sentenced with a criminal history category of VI, the highest level. Ordinarily, someone like Stanislaus Meyerhoff or Kevin Tubbs who had no prior convictions would be a level I. This, in combination with the offense levels, creates a longer sentence at a higher-security prison. The higher the security the less access a prison has to visitors, phone calls and social interaction with other prisoners. With a criminal history category of VI and an offense level originally set at a base of 42 points, Meyerhoff’s initial sentencing guide- lines were only one level below the base level of 43 that would be given a airplane hijacker who killed someone in the hijacking. Judge Aiken and the government prosecu- tors gave Meyerhoff and the most of the other defendants “downward departures” from the base on the sentencing scale for their accept- ance of responsibility for their actions, sub- stantial assistance to the government, and ei- ther their remorse or their attempts to trans- form for the better after the arsons or their ar- rests. But even with the downward departures, many of the defendants will be above the 23 their security designations. Because the terror- ism enhancement was applied, it is possible some defendants will be sent to the new “ter- rorist prison unit” in Terre Haute, Ind., created for what attorney Amanda Lee called an oxy- moron – “low-risk terrorists.” At Terre Haute prisoners have all commu- nications monitored. Phone calls are limited and visits are restricted to four hours a month. Terre Haute is also the location of the federal government’s death row and execution cham- ber. Harvey Cox, a retired BOP warden who spoke at Meyerhoff’s sentencing said maxi- mum security facilities have several assaults a week, some resulting in murder. According to Human Rights Watch the number of prison rapes is difficult to estimate as many go unre- ported. Some prison rapes result in HIV infec- tion. Amnesty International has investigated in- cidents at American prisons ranging from women locked in and forced to stand in cages in their own urine and feces to “abusive use of restraints and of electro-shock weapons, and allegations of sexual and physical abuse.” Aiken referred repeatedly to the sentenc- ings as “difficult” as the defendants are “bright” and “educated.” Most of her defen- dants, she said, stand alone in empty court- rooms for sentencing, while the Backfire de- fendants were accompanied by their families and packed courtrooms. Aiken expressed frustration with the prison system during several of the sentenc- ings. In Meyerhoff’s case and others, she of- fered to write a letter to the BOP requesting placement in facilities where the defendants will be safer, and where they can use their skills and education to help others. Chelsea Gerlach, currently held in Lane County Jail as she awaits placement in a fed- eral prison has been teaching a fellow inmate how to speak English. There are far fewer prisons for women than for men. Female prisoners, especially those with higher security designations, have the least chance of going to a prison near their families and loved ones. Gerlach was sen- tenced nine years, and was given the terrorism enhancement. ew 0RQGD\-XQH 0RQGD\-XQH 6 ISI T nnn%\l^\e\$fi%^fm&:lckliXcGfc`ZpI\m`\n JUNE 7, 2007 11
