Battle Over the Release of Accused Lab Raid Conspirator
University of Iowa Break-In
Just as a judge ordered the release of a man accused of the Animal Liberation Front break-in at the University of Iowa, the prosecution filed an emergency appeal requesting his continued imprisonment. Here’s the story so far:
On November 17th, Scott DeMuth refused to testify before a grand jury investigating a 2004 Animal Liberation Front action in Iowa, and was jailed for contempt.
On November 18th, although it appeared the statute of limitations had, or was about to, expire, prosecutors rushed through a last-minute indictment charging Minneapolis resident Scott Demuth (17 at the time of the raid) with a role in the liberation.
Details on the case against DeMuth began to emerge. On November 20th, DeMuth plead not guilty at this arraignment. Central to their case, the prosecution said at the hearing, were two pieces of evidence.
One, a lock pick set seized from DeMuth’s home during a police search related to the Republican National Convention protests in 2008. Prosecutors highlighted masked activists in the film of the A.L.F. raid are seeing using lock picks to access the labs.
Two, a diary also seized during the police raid. In the journal, prosecutors stated they found evidence linking him to the 2004 Animal Liberation Front action.
Prosecutors also focused on references in the journal to an alleged associate of DeMuth’s, identified in the journal only as “P”. They asserted “P” was me, arguing I was a “fugitive from justice” for 7 years, and this alleged relationship (Scott and I have never met) with someone who was “underground” made Scott a flight risk. He was held in an Iowa jail.
Judge Orders DeMuth Released
On November 24th, Judge Shields ordered DeMuth released from jail to house arrest, pending trial. The order shed additional light on the case against Scott. Regarding the heavily circulated 50-minute video of the break-in, the Judge’s order states:
“[FBI agent] Reinwart was of the opinion that one of these individuals had a resemblance in terms of physique and stature with Demuth.”
He went on to state the FBI agent “did not testify that he knew Demuth participated in the occurrence.” DeMuth was being held on terrorism charges, while the most substantive allegation was his “resemblance” to individuals wearing ski masks in a grainy film.
The judge’s order went on to state:
“The FBI has reviewed a journal kept by Demuth, and in which he discusses activities of other persons who he identified only with a single initial. One of the individuals discussed in that journal was identified as “P.” Special Agent Reinwart believed that Demuth was discussing an individual who had been a participant in destructive activities in 1998 or 1999, and who, after having been arrested, fled from authorities…This testimony was offered in support of the government’s contention that Demuth poses a risk of flight to avoid prosecution.”
And by this imagined association with me, the FBI requested DeMuth be held without bail.
The judge disagreed, and ordered him released.
Government Files Emergency Appeal
The prosecution filed an emergency appeal. In it, they argued DeMuth be held without bail. The appeal outlined the action he is accused of:
“On November 14, 2009 [incorrect year –ed], at least four individuals were able to gain access to secure areas of the Spence Laboratories illegally and destroy computers, research and other facilities. The perpetrators used stolen “marlock” electronic security cards to enter secure areas of the laboratories. Once they had gained access, they stole more than 300 research animals and obliterated years of scientific research causing several hundred thousand dollars worth of damage.”
Because there is no burden of proof in a bail hearing or bail motion, the government has unreigned room to move in their claims made against a defendant. And even with this freedom to stretch truths and lie altogether, the government offered little of substance. The government’s main arguments against DeMuth’s release were:
*He is an anarchist.
*He has an “association” with “Peter Young, an outspoken….animal rights acitivst”.
*He is being charged with a “crime of violence”
*He is a “domestic terrorist”.
Here is an outline of the government’s appeal:
The thrust of the government’s argument was that DeMuth was a “danger to the community”. From the appeal:
“This offense is a crime of violence. Therefore… there exists a rebuttable presumption that the defendant poses a danger to the community”.
His only alleged crime is an unspecified role in the rescue of animals and damage to research equipment; a crime the government flatly calls “a crime of violence”. The government went on to make their case against DeMuth’s release:
“…persons associated with the ALF movement will work together to satisfy their violent agenda and will assist one another in avoiding detection, apprehension, and prosecution. The investigation of DeMuth revealed that he is an anarchist who has been engaging in illegal anti-government activities.”
And with this, the government made clear DeMuth is a “danger” expressly because of his political beliefs. The only other evidence offered in support of his danger or flight risk, comes, again, from an imagined association with myself:
“[DeMuth] has expressed a willingness to go “underground.” Defendant has exhibited a close relationship with Peter Young, an outspoken and subversive animal rights activist who has been prosecuted for ALF activities and, after being indicted for animal enterprise terrorism, was a fugitive from justice for several years.”
The government’s case rests squarely on the danger of DeMuth’s politics, accusing him of thought-crime seemingly without shame:
“Defendant’s writings, literature, and conduct suggest that he is an anarchist and associated with the ALF movement. Therefore, he is a domestic terrorist.”
With this, the government requested the order for DeMuth’s release be revoked.
Judge Orders DeMuth Held… For Now.
On November 24th, the judge ordered a temporary stay of release, holding over the decision until November 30th at 3pm. Scott DeMuth’s fate for the near future will be decided then.
The University of Iowa raid was among the most calculated and well-planned laboratory liberations in the Animal Liberation Front’s history. May the government’s attempt to convict anyone for this act of compassion fail.
-Peter Young
View the Judge’s Order of Release
View the Government’s Emergency Appeal
Write Scott DeMuth:
Muscatine County Jail Inmate
c/o “Scott DeMuth”
400 Walnut Street
Muscatine, Iowa 52761
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