Sentencing of ELF defendants in Oregon begins

Ruling that arson attacks on a police office, an SUV dealership and a tree farm were acts of terrorism, a federal judge on May 23 imposed a 13-year prison term on Stanislas Gregory Meyerhoff, the first of 10 defendants to be sentenced in the nation's largest-ever investigation of radical underground environmental activists. The sentence is about 2 1/2 years less than the government offered Meyerhoff in a plea deal that rewarded his cooperation in the investigation. She described the series of actions as a "systematic use of terror" that could trigger harsher treatment either under the federal terrorism statute or under a federal judge's discretion to exceed normal sentencing guidelines. In Meyerhoff's case, Aiken increased his potential sentence before giving him credit for cooperating, which ultimately lowered his proposed sentence. A label of "terrorist" also means he could spend time in one of the nation's harshest, high-security federal prisons. The sentence came after hundreds of pages of legal briefs and almost three days of court hearings about the many arsons Meyerhoff admitted to, and whether they merit harsher punishment under the federal terrorism sentencing enhancement law. Aiken earlier ruled that she would consider each defendant separately, although they all pleaded guilty to the same conspiracy. She said the terrorism statute could apply individually, if prosecutors prove by clear and convincing evidence in each case whether the defendant acted with intent to influence government actions through intimidation, coercion or retaliation. She also indicated she would use judicial discretion, if appropriate, to adjust sentences. On May 24 Aiken sentenced Kevin Tubbs to 12 years, seven months in prison for his role in nine arsons, ruling that four of his crimes were "terrorism" under federal law. Aiken rejected Tubbs' assertion that he acted in urgent desperation to protect animals and to raise awareness of environmental degradation. Tubbs pleaded guilty to conspiracy, 53 counts of arson and two counts of attempted arson. Aiken increased his possible sentence under the terrorism statute for his role in the 1996 fire that destroyed the Oakridge Ranger Station, the 2000 attack on a Eugene police substation, a 2001 arson at a Eugene SUV dealership and a 2001 fire at a tree farm near Clatskanie. She then lowered his sentence to reward his cooperation with investigators. The terrorism ruling, as in Meyerhoff's case, could mean Tubbs serves his term under higher security conditions in federal prison. Defense lawyer Marc Friedman said investigators twisted facts to fit the image of Tubbs they derived from statements of another defendant, Jacob Ferguson, who had made a deal to help investigators and avoid serving prison time. Aiken told Tubbs he is lucky that prosecutors offered him a plea deal and gave him a chance to cooperate. She calculated Tubbs faced a sentence of 30 years to life under federal sentencing guidelines. Prosecutors had offered Tubbs a 14-year term in a plea deal. Aiken said she afforded Tubbs a shorter sentence to reward his assistance with the investigation. On May 25, after rendering a strong reproach to the parents of Chelsea Dawn Gerlach for failing to supervise her as a teenager, Aiken sentenced Gerlach, 30, to nine years in prison for her role in the string of arsons. Gerlach pleaded guilty to conspiracy, 23 counts of arson in five incidents, damaging an electrical transmission line and other charges. In a plea deal, she agreed to cooperate with investigators in exchange for a 10-year prison term. Aiken ruled that three of the incidents were acts of terrorism under federal law. Gerlach was not charged for other incidents, including three on research sites. Aiken then used judicial discretion to lower the sentence. She also ordered Gerlach to pay more than $15 million in damages to victims. Defense lawyers focused on the group's leader William Rodgers' influence over Gerlach during her impressionable teenage years and on the extra measure of cooperation Gerlach offered to prosecutors. After striking her plea deal, Gerlach offered on her own initiative to meet with four other co-defendants who were holding out for a trial, defense lawyer Craig Weinerman said. The four eventually struck their own deals. Hearings on the remaining seven co-conspirators resume on May 29 in federal court in Eugene.