Government challenges release of A.L.F. activist, citing letters to former animal liberation prisoner
In early-April, lawyers for William Viehl (sentenced to two years for an A.L.F. mink liberation) filed a motion for his release pending the appeal of his sentence.
Last week, the government challenged the motion, citing letters from Viehl seized during the March 15th FBI raid of my home. The government claims an alleged correspondence between myself and Viehl makes him a “danger to the community”. In the response to the motion, filed with the court, the government states this about the letters:
…hand-written correspondence from the defendant to Peter Young illustrating a close, ongoing personal relationship founded upon animal rights extremism.
It is true: among the many boxes of items removed from my home were numerous letters from animal liberation prisoners. Also true: I once served prison time for actions similar to Viehl’s. But what is the significance?
The government asserts that, solely because of alleged letters between a former and current animal liberation prisoner, Viehl is a “danger to the community”. This is worth repeating: the government is citing letters alone as reason to label William Viehl a “danger”.
“Terrorists” like Viehl break into farms to rescue animals, do so in the middle of the night to avoid conflict with the animals’ captors, and do so unarmed. The FBI breaks into my home to steal my property in broad daylight, and does so brandishing lethal weapons.
Accused mink liberator pleads guilty, two year sentence expected
Over 18 months after the release of 650 mink from a Utah fur farm, Alex Hall plead guilty this week for his role in the action.
Earlier this year, Hall’s codefendant William Viehl plead guilty to the same action, accepting a deal for “6 to 12 months”, with the prosecutor recommending six. The judge quadrupled the recommended sentence, giving Viehl two years. It is expected Hall will receive the same exorbitant sentence.
The case, called “The AETA 2”, has brought the first sentences handed down under the Animal Enterprise Terrorism Act. The AETA 4 case, in which activists face federal charges for home demonstrations, is still pending.
Hall accepted a plea deal in exchange for prosecutors dropping another charge, for an alleged attempted raid at Blackridge Farms in Hyrum, Utah. In that incident, the FBI alleges Hall and Viehl were seen surveilling a mink farm by the farmer after midnight. They were identified after being followed by the farmer and subsequently stopped by police.
Hall will be sentenced on June 30th.
– Peter Young
Write Alex:
Alex Hall Inmate #2009-06304
Davis County Jail
800 West State St.
Farmington, UT 84025
Animal liberation prisoner expected to plead guilty to mink release
Over one year since being indicted on Animal Enterprise Terrorism charges, Alex Hall is expected to plead guilty this week to his alleged role in the freeing of 650 mink from a mink farm in South Jordan, Utah. The action was claimed by the Animal Liberation Front.
Alex’s codefendant, William “BJ” Viehl, received two years on prison for his role in the same A.L.F. action. The judge stated at his sentencing he intended to sentence him to three years, but took a year off after BJ’s statement to the court.
One year after the government indicted two activists for an Animal Liberation Front release of 650 mink in Utah, the first to be sentenced – William “BJ” Viehl – has arrived at prison.
Viehl has been designated to a low security prison in Los Angeles county, the same prison where SHAC 7 prisoner Jacob Conroy completed his sentence. With “”good time”, he expects to be released in the fall of this year.
Below is Viehl’s new address. Please distribute widely, and write him a letter today:
William Viehl
#15909-081
FCI Terminal Island
Po Box 3007
San Pedro, CA 90731
I would much prefer covering this important news more extensively, yet until the computers taken in the FBI raid are replaced, computer access is limited. So I will offer three animal liberation prisoner updates, with a brevity that does not match their significance:
Carrie Feldman is released
After four months in jail for refusing to testify to a grand jury investigating the University of Iowa A.L.F. action, Carrie Feldman has been released from jail. We hope she receives a heroes welcome.
After serving 3.5 years in prison as one of the SHAC 7, Lauren Gazzola has been released to a halfway house. News to celebrate. Welcome home. Only one SHAC 7 prisoner to go…
In what is sadly one of the most significant, and at the same time most undercovered cases right now, Kevin Olliff will plead “no contest” to charges related to protest activity. He admits nothing more than that he participated in home demonstrations against researchers and company executives, yet the press has erroneously labeled him a “member of the animal liberation front”. He faces up to 3 years in prison at his sentencing. More details to come.
Carrie Feldman moved to solitary confinement, continues to refuse testimony to grand jury investigating the A.L.F.
We just received word Carrie Feldman has been moved again, this time to Dubuque County Jail. She is being held on 23-hour lockdown. Carrie is now in “segregation”, doublespeak for solitary confinement. This is a tactic used by desperate prosecutors to coerce compliance in prisoners, in this case Carrie’s testimony regarding what prosecutors believe she may know about the 2004 liberation of 401 animals from the University of Iowa.
Carrie is accused of nothing more than refusing to give testimony to a grand jury seeking to indict members of the Animal Liberation Front.
Having spent four months in solitary, I can testify it is every bit the psychological torture one would imagine. Or worse. Please write Carrie Feldman during this difficult time, and support her for taking the most noble and practical approach to a grand jury subpoena: refusal to testify.
“Carrie was just transferred to Dubuque County Jail; seems like Muscatine was just a temporary stop. (Any mail that has been sent there may or may not get to her; we would like to encourage folks to re-send mail to this address).
We think Dubuque is where she’ll be for a while. Here is her mailing address there–mail should be getting through now:
Carolyn Feldman
770 Iowa St.
Dubuque, IA 52001
Mailing regulations for this jail: letters and cards are okay, “nothing inappropriate,” no glitter. Photos are okay, including Polaroids. You cannot send stamps or envelopes; she has to buy them with commissary money. Commissary money can be sent to the jail in the form of money orders; make sure to note that the money is for her.
Books can come from publishers or bookstores. Hardbacks are okay. Magazines can come from publishers. Copied zines are not allowed (we know).
Carrie is in segregation at this jail for an unknown amount of time, on 23-hour lockdown, and she is no longer allowed visits from anyone other than immediate family. It is going to be especially important for people to write her now, as this may be her only contact with the majority of the outside world for a long time. Please write to Carrie and encourage others to do the same!
And as always, you can send e-letters to davenportgrandjury@riseup.net; we’ll print them out and send them along.
Judge quadruples the recommended sentence for A.L.F. activist.
Calling him a “terrorist” and following through on his threat to more than quadruple the recommended sentence, judge Dee Benson Thursday sentenced William Viehl to two years in federal prison. It is the first sentence handed down under the Animal Enterprise Terrorism Act.
Background
Viehl was charged last year under AETA for the release of 650 mink from the McMullin Fur Farm in South Jordan, Utah after cell phone records and a car key found at the scene were used to tie him to the raid. Graffiti found at the scene read “A.L.F.” and “We are watching”. Over one year later, mink are still being found living wild in the vicinity of the farm.
After an 11-month court battle, Viehl accepted a non-cooperating plea bargain in which the prosecution agreed to recommend a sentence of 6 months. In November the judge threw out the deal, stating the recommendation was “too low” and did “not match the severity of the crime”. The sentencing was held over for February, where Thursday he sentenced Viehl to 24 months in prison.
The Sentencing: Report From Court
Court convened Thursday at 11:30am in downtown Salt Lake City. The prosecution first addressed the court. Refraining from the theatrics of past hearings such as a slide show showing firebombed cars from previous A.L.F. actions, the prosecutor made a very brief statement again recommending a six month sentence, and sat down.
Viehl’s attorney addressed the judge, also asking for a six month sentence. She highlighted previous animal rights cases where the “crimes” alleged would legally be considered more serious, yet resulted in sentences lower than or equal to the sentence being threatened by the judge (at previous hearings, Benson threatened a sentence of two years or more).
Judge Benson talked about the attention the case has received, and restated that he felt the recommended sentence was too low.
Lodder and Blackridge fur farms: guilt by association
He expressed his belief Viehl was involved with more Animal Liberation Front actions than those he was charged with, making clear he would be sentencing Viehl for crimes to which little to no evidence linked him, and for which he has not been charged.
He began this point by bringing up the A.L.F. raid of the Lodder fur farm in Kaysville, Utah. 6,000 mink were released from this farm in September, 2008. The judge pointed out Viehl was pulled over near the farm several weeks before the raid. The judge cited a police report which stated he was stopped dressed all in black, and a second occupant of the vehicle was seen stuffing a ski mask under a car seat. A subsequent (warrantless) search of the vehicle allegedly turned up wire cutters. Weeks later, 6,000 mink were released from the fur farm.
He also mentioned an alleged “attempted” mink release at Blackridge Farms in Hyrum, Utah. Viehl and a second person were allegedly followed by a mink farmer after they were seen passing the farm late one night in October, 2008. The judge stated that after noticing he was being followed, Viehl pulled the car over and approached the farmer’s vehicle to ask why she was following them. Benson pointed out the vehicle was the same vehicle said to be used in the McMullin raid.
The evidence
The judge admitted the only evidence against Viehl was a car key found at the farm the morning after the raid, and cell phone records which placed Viehl’s phone near the McMullin farm the night of the mink release. He stated that even with the cell phone records, “without that key, we may not be here right now”.
Benson retreated to the emotive language both him and the prosecutor have made familiar in this case, stating Viehl “caused terror”, and that he knows of no other word for releasing animals from cages than “terrorism”.
“We have so many rights to properly change laws” in this country, he said. This was a naive or deliberately misleading statement while two SHAC 7 defendants and Kevin Olliff remain in jail for attempting to affect change in a legal, above-ground fashion through protest and outreach.
Judge: Viehl “heavily involved” in other A.L.F. raids
Consistent with previous statements from the judge, he linked Viehl to a broader conspiracy, stating he had “no doubt [Viehl] was heavily involved” in other Animal Liberation Front actions. He called him a “copycat”, and said the sentence would be aimed towards deterring future activists from carrying out A.L.F. actions.
With that, he handed down his sentence: Two years in prison, three years probation, nearly $66,000 in restitution, and no contact with the Animal Liberation Front.
With credit for time served, good time, and halfway house, Viehl expects to be released in August.
– Peter Young
Write William “BJ” Viehl:
William James Viehl
Inmate #2009-05735
Davis County Jail
800 West State St.
Farmington, UT 84025
Vegan prisoner Marie Mason’s health worsens as prison continues to deny her vegan food.
Marie Mason is asking for all supporters to send letters and faxes to the prison and request she be provided with vegan food.
Marie Mason is serving nearly 22 years for pleading guilty to numerous A.L.F. and E.L.F. actions, including an arson at a chicken distributor, and the torching of a mink farmer’s boat.
We cannot lend our lip-service support for the Animal Liberation Front if we are not there to support them when they are caught. Please take a moment and contact the warden of Marie’s prison. A sample letter is below.
– Peter Young
From Marie Mason’s support group:
We are calling on all supporters of Marie Mason to contact the warden’s office at Waseca prison and ask that she be provided with vegan food. Mason is a vegan for ethical, medical and spiritual reasons, but the prison has denied her vegan meals since her incarceration. Because of this, she has been in ill-health, suffering from symptoms like dizziness and extreme pain in her hands.
We call on all supporters to contact the warden’s office and ask that her request for vegan food be approved. Please be very polite. Also note that currently (as of Wednesday, February 3) there is no Warden at Waseca. We expect that Warden English will be starting this position next week.
Sample letter:
Dear Warden Rios,
I am writing this letter concerning Marie Mason, #04672-061, who has requested the prison provide her with vegan meals to meet her health and dietary needs. I strongly encourage you to grant this request.
Marie has been committed to a vegan diet in accordance with her personal, moral and spiritual beliefs for many years. Like many vegans, she considers her diet to be an essential part of her life and spirituality. While incarcerated at Waseca, Marie has remained committed to a vegan diet, but has been unable to receive proper nutrition. She has been experiencing bouts of dizziness, nose bleeds, fatigue, and severe pain in her hands. All symptoms associated with an inadequate vegan diet.
I fear that unless the prison provides her with an adequate vegan diet, she will remain malnourished and her health may continue to suffer.
Please grant Marie’s request for a vegan diet. Thank you for your consideration in this matter.
Sincerely,
_______________
Write:
Warden English FCI Waseca Federal Correctional Institution PO Box 1731 Waseca, MN 66093
Today I was sent a copy of judge Benson’s ruling in the ongoing case of Animal Liberation Front prisoner William “BJ” Viehl, charged with liberating 650 mink from a fur farm in Utah. In it, the judge lays out his argument for denying Viehl’s motion accusing the prosecution of violating the terms of his plea deal.
According to the plea deal, Viehl was to expect a sentence of six months. At sentencing, the judge threw out the plea bargain, and stated his intent to as much as quadruple Viehl’s sentence to two or more years.
In the opinion, Benson restates many arguments he made at BJ’s first sentencing, in favor of a sentence far outside the sentencing guidelines. These arguments include:
*BJ was “hailed as a hero on numerous websites.” This highlights something my own experiences echo: Those in the “justice system” become indignant at public support for those those who work to right wrongs outside the law.
*Viehl and codefendant Alex Hall allegedly being stopped near other mink farms in the region, at times when no crimes had occurred.
*Spray-painted messages left at the fur farm the night of the liberation reading “ALF,” “no more mink, no more murder,” and “We are watching”, the last of which the prosecution asserted proves the mink release “….is not just a property crime, it is a threat”.
*The testimony of mink farmer Lindsey McMullin, which the judge cited in BJ’s last court date as being the prime influence in his decision to hand down a sentence of two or more years. McMullin’s testimony was described by the judge as conveying… “the impact of the crime on his family, including the emotional impact on his young children, and the financial impact on his family business.”
The judge’s contempt for animal rights activists and the A.L.F. comes through in this document. Read the full text below.
William Viehl expected to receive 1 to 2+ years for the Animal Liberation Front release of 600 mink. Judge compares A.L.F. mink liberators to 9-11 hijackers.
In an opinion published today, Judge Dee Benson denied William Viehl’s motion for the judge to step down from the A.L.F. case. This is the first guilty plea under the Animal Enterprise Terrorism Act, and the first Animal Liberation Front (A.L.F.) sentencing in over 2 years.
On December 11th, BJ’s lawyer and the prosecutor sparred in court over whether statements and a photo slideshow given by the prosecution in court amounted to a breach of the plea deal. A subsequent motion was filed asking the judge to step down from the case. The slideshow featured numerous photos of A.L.F. arsons, and Animal Liberation Front communiques for actions unrelated to those BJ and Alex Hall are accused of.
On Tuesday, January 12th, the judge issued his ruling: The prosecution did not breach the plea deal, judge Benson would not remove himself from the case, and BJ would be sentenced by him as scheduled.
BJ’s first sentencing date was in November, where he was to be sentenced for the liberation of 600 mink from the McMullin Fur Farm in South Jordan, Utah. The judge at that time announced he intended to sentence BJ to more than quadruple the recommended sentence of six months. BJ entered court expecting a possible sentence of “time served”, yet the judge announced he was “inclined” to give BJ a sentence of up to or above two years in prison.
For BJ, Tuesday’s ruling means Judge Benson will likely give him the threatened sentence of 1 to 2 years, or more. While elsewhere in Salt Lake City people receive less time for violent crimes, abusers of companion animals receive probation, and institutional animal killers like mink farmer Lindsay McMullin walk free, Wiliam “BJ” Viehl is likely to receive two years in prison for the selfless and compassionate A.L.F. liberation of animals from a mink death camp.
Even in the death-machine paradigm of “compassion” for those few species from which little or no profit is derived, and demonizing anyone who acts in defense of other species as “ecoterrorists”, activists in the past received have two years for their role in six mink releases. BJ stands to face the same sentence for his role in just one.
Any activist going before Judge Benson has cause to be concerned: Benson is also presiding over the case of Tim DeChristopher, an environmental activist facing federal charges for placing false bids to derail an oil lease auction near Moab. In both Viehl and DeChristopher’s case, judge Benson compared their non-violent actions to those of Al Qaeda and the 9-11 hijackers.
No sentencing date for BJ has yet been announced. BJ’s codefendant, Alex Hall, has stated his intention to take the case to trial rather than accept a plea bargain and guarantee another exorbitant sentence from judge Benson.
I intend to be present in court for Bj’s sentencing, and will be posting a full report then.
-Peter Young
Please write them both a letter during this difficult time:
William James Viehl
Inmate #2009-05735
Davis County Jail
800 West State St.
Farmington, UT 84025
Alex Hall
Inmate #2009-06304
Davis County Jail
800 West State St.
Farmington, UT 84025
I attended court Friday, December 11th for the (second) sentencing date of accused Animal Liberation Front activist BJ Viehl.BJ was scheduled to be sentenced for the release of 600 mink from a mink farm in suburban Salt Lake City.
What should have been a sentencing instead became a court battle, with BJ’s lawyer Heather Harris and Assistant U.S. Attorney John Huber sparring over whether the prosecutor has breached the plea agreement and a new judge should be assigned to the case.
A full recap of BJ’s first sentencing date can be read here.
To encapsulate: On November 11th, the case took a turn for the worse at BJ’s first sentencing when the judge announced he intended to more than quadruple the sentence called for in the plea bargain. Wishing to “set an example”, he stated he intended to sentence BJ not to the 6 months recommended in the plea bargain, but to over 2 years. He stopped short of issuing a sentence that day, acknowledging that discarding a plea bargain was an unusual move, and allowed the prosecution two weeks to prepare a response.
Court reconvened last Friday. Again, the case had taken another turn that would prevent sentencing for BJ that day.
On the table was a motion filed by BJ’s lawyer asking the judge to remove himself from the case. Arguing certain statements made by the prosecutor at sentencing amounted to a breach of the plea agreement, the defense asked the judge to hit the reset button on sentencing and start over: new judge, new sentencing proceeding.
BJ’s attorney took to the podium and outlined her argument.
Central to the motion was the slide show given by the prosecutor at the first sentencing date. Memorable to all who were in court that day, it was a collage of arson scenes from past A.L.F. actions, communiqué samples from actions BJ was not charged with, and more material related to A.L.F. action BJ had no involvement in. The only material of direct relevance to the case were photos of graffiti left at the McMullin farm reading “We are watching” and “A.L.F.”.
It was clear the intent of the slideshow was to associate BJ with A.L.F. actions he had not been charged with, and insinuating an affiliation with A.L.F. cells carrying out more serious actions such as arson. Defense attorney Harris recounted her conversation with Huber before court on November 11th, in which she told him: “Arson has nothing to do with this case”.
BJ’s lawyer argued these statements amounted to a breach of the plea agreement. By law, she said, the prosecutor cannot start the sentencing by asking for 6 months (as he was bound to do by the plea agreement), and then proceed to list every reason why BJ should get more than 6 months.
“The government can not agree to the sentencing guidelines, and then complain about the sentencing guidelines”.
Several factors can permit a judge to go above the sentencing guidelines. One of these is an exceptional emotional impact on the victim. A prosecutor is not allowed to argue any of these factors when they are recommending a fixed sentence, per a plea agreement.
The most repeated point the prosecutor made during sentencing was the emotional impact of the mink release on Lindsey McMullin and the entire fur industry. Thus, the defense argued, he had breached the plea agreement and a new sentencing was required.
The judge interrupted Harris to ask:
“What advice should we give prosecutors? Should they just say nothing (at sentencings)?”
Harris’s response:
“The government cannot argue for enhancements (factors which justify going outside the recommended sentence)”.
I recall leaving the courtroom the day of BJ’s first sentencing date and commenting that the prosecutor’s entire statement amounted to a “wink wink” suggestion to the judge that 6 months was to light of a sentence, despite being required to argue for 6 months as required by the plea agreement signed by his hand. This sentiment was later echoed by BJ’s attorney in statements to the media, and was her prime focus in court last Friday.
Harris told the judge that U.S. Attorney Huber “muttered” a recommendation of 6 months, and proceeded to list every reason why 6 months “does not capture the seriousness of this case”.
Upon recommending a guideline range (again, the range in this case was 6 to 10 months, with the prosecutor recommending 6), the government is supposed to support their position at sentencing, not argue against a plea agreement previously agreed upon. This was the heart of the defense’s case for assigning a new judge to the case.
“The government did indirectly what it couldn’t do directly”, Harris said.
Harris closed her argument and U.S. Attorney Huber addressed the court. (more…)
The fourth of the SHAC 7 prisoners to be released, Jacob Conroy walked out of the federal prison in Terminal Island on November 6th. Jake spent 3 years in prison on Interstate Stalking and Animal Enterprise Terrorism charges for his involvement in the SHAC campaign. This is his first post-prison statement:
November 17, 2009 Dispatch from Jake
On November 6th, 2009, I walked out of Terminal Island and left behind the actual imprisonment portion of my sentence. Honestly, the date snuck up on me and the actual release is something that still doesn’t feel real to me. Having a going-home party the night before, emptying out my locker, saying goodbye to friends, even sitting in the holding cell at the Receiving and Departure department – it didn’t really compute that I was walking out of the gates for good. But it slowly is starting to sink in now.
When you’re in prison, most everyone refers to the halfway house as “going home”. The rest call it a trap, set up to send you back to prison. I’ve found that it falls somewhere in between. Technically, yes, the halfway house is a 15 minute drive from my house; but I can’t go there. Not to use the phone or email to look for a job, or to pick up clothes or toiletries. While I don’t think anyone has set it up to entrap you, it is definitely so bogged down with regulations and bureaucracy that a smooth and successful reentry into society and the job force is nearly impossible. Of the 75 people here, to say 25% of them are gainfully employed and therefore permitted to see their loved ones on weekends, would be a liberal estimation. To survive mentally, you have to constantly remind yourself that this is not time off your sentence to do as you please, rather the last leg of your current one.
After my first week, I’m able to leave one hour each day for recreation, and on week days I’m permitted to leave to pre-approved locations to look for a job. So I’m getting out of the house and starting to experience the world again. It’s a process that made me realize how confined we are in prison and one that quickly becomes overwhelming. Walking up and down hills, being in a completely enclosed space, like a bathroom and not having to be in a locked cell or tier in order to be counted is all new to me again and its interesting to see my reactions to it.
It’s not all terrible though. The room I share with 5 other guys would normally hold at least 12 in prison. The bathroom is private and it amazes me that albeit a small one, it’s the size of the 2 man cell I lived in. I’m restocking my vitamin B12 intake at the Whole Foods that’s within walking distance and marveling at all the new vegan junkfood. Eventually I’ll get around to trying it all.
Doing time would hardly be time at all if they provided vegan food. But why start now. Thankfully I’m allowed to have food dropped off for me (which unfortunately can not be stored – it’s either eaten right away or it goes in the trash) and I have the greatest group of friends who bring me a hot vegan meal every night, even though they can’t stay and visit. It’s really hard to see them for just a minute, but my heart and stomach thank them. The support has really been incredible.
Finally, I want to thank everyone who sent me a letter, postcard, photo, magazine, book, support and love over the past 3 years. I can’t even explain what that does for a prisoner. I really couldn’t have done the time without you. So please – go to a prisoner support list and write one today. Unfortunately, I lost touch or was unable to write back most of my pen pals in the last few months of my incarceration. In the beginning of August I sliced my hand on some irresponsibly hung razor wire, cutting through the tendon in my middle finger, down to the bone. I had to be brought to the emergency room and have it repaired. I’m still not at 100% mobility yet, and writing really made it ache. So I apologize for my lack of correspondence. I’ve missed writing you all, and hope you’ll drop me a line. In about 6 months I’ll be out of the Bureau of Prison’s custody and on to probation. But the worst of it is over. In the meantime, please support political prisoners in any way you can, drop me a line and if you know anyone in the Bay Area that has a job opening for a federal felon, let me know!
