It is an unfortunate fact but during the course of my legal case, my codefendants and I received very little organizational support from the environmental and social justice movements. While prisoner support groups like ELPSN (UK) and ABCF and legal organizations like the National Lawyers Guild and Center for Constitutional Rights were quick to extend their solidarity, the environmental movements’ silence was palpable. Other than Forest Ethics and some Earth First! groups, there was nothing but private support offered; an inability to organize a response to the terrorist enhancement and at worst, condemnation offered from NGO heavyweights, Rainforest Action Network, Ruckus Society and Greenpeace[1]. While this speaks volumes about our movement’s conception of solidarity and the discomfort expressed by non-profit organizations in dealing with cases of property destruction, this is beyond the scope of this blog entry[2]. One group that did not act like the previously named groups and went well beyond the call of duty is the Civil Liberties Defense Center based out of Eugene, Oregon.

A tiny, young organization funded by environmental lawyer and activist (and I’m proud to say, a good friend of mine) Lauren Regan, the CLDC had the Operation Backfire defendants’ backs from day one[3]. During the chaotic weeks following the first wave of arrests in December 2005, the CLDC made valiant attempts to find lawyers for all the defendants and quickly became a hub for families of defendants, lawyers and media contacts. Sitting in Lane County Jail, just 3 blocks from their office, I took solace knowing there were local lawyers advocating for us, keeping everyone well informed through conference calls and providing a local and long-term perspective (being that they lived in Eugene during the time of the conspiricy 1996-2001).

As the case progressed, I was freed on bail, returned to New York and relied on the CLDC’s extensive court reports and posting of legal documents. I devoured the court reports and was able to determine which codefendant started to cooperate at which time and better determine my chances of success at trial. When people ask me what it is that defendants in those cases need, I reply that it’s the unglamorous and tedious work that the CLDC does, sitting in court for hours concentrating hard and taking copious notes, getting those court reports and analysis posted on sites like Portland Indymedia, monitoring databases for relevant court documents, legal research, setting up a local media collective and press strategy and visiting people regularly at the jail. The support was invaluable with the preparation of my defense and helped my wife, family and NYC support group make sense of the case and develop solid and powerful defense strategies.

Now, don’t mistake the CLDC for some large, well-funded outfit based on their impressive resume. They are a few lawyers, an office and a dedicated crew of volunteers operating on a shoe-string budget. Since I have been imprisoned, I have relied on their work to keep up on Green Scare cases like Briana Waters and the campaign to repeal the Animal Enterprise Terrorism Act. The CLDC is one model of how an organization can provide support for complex legal cases and free the defendants and their families to deal with the pressure of the case itself.

Please support the CLDC with their ongoing work if you are able. On their site, cldc.org, you can make a donation or send a check to them at Civil Liberties Defense Center/ 259 East 5th Avenue, Suite 300 A/ Eugene, Oregon 97401. Don’t forget— if you are arrested for an offense like mine or face a grand jury subpoena, do not hesitate to call the CLDC at 541.687.9180 or the NLG’s hotline at 888-NLG-ECOLAW.

—–

[1]Many contacts were made by my support group to RAN and Ruckus Society directly through email, to people on RAN’s board of directors and informally to staff of both organizations. RAN, at least, expressed support privately. Board member Jodie Evans, in particular, expressed support and committed to raising this issue with her executive director. A staff member of RAN commited to writing a letter from RAN regarding the terrorist enhancement issue and never did. Ruckus Society members/staff never once responded to emails, informal contacts, or info packets sent to them. Greenpeace’s director, John Pascantando, took it further condemning us publically— you can read a criticism of that statement in an article by Michael Donnelly on Counterpunch.org from 2006.

[2]What is sad is that defendants in this case had professional relationships with RAN and Ruckus. I had worked on the Mitsubishi, Home Depot and U’wa campaigns RAN organized, getting arrested while committing civil disobedience and dedicating countless hours to these campaigns. I attended two of Ruckus Society’s action camps including the ‘Globalize This’ pre-Seattle/WTO camp with many of my codefendants. We also worked with the Direct Action Network to some extent in the months leading up to the WTO protests in 1999 (DAN was partially a creation of RAN, Ruckus Society, and other groups). Additionally, a fugitive in my case was a former trainer for Ruckus and local organizers in Seattle, employed by RAN, and dealt with harrassment and search of their former residence by the FBI related to this case. The links were many but the support from these groups was sorely lacking.

[3]The CLDC’s involvement begins well before December 7, 2005— the day of the first arrest in Operation Backfire. Lauren Regan represented an early target of the investigation in 2000/01 and participated in community efforts to protect the individuals who had received grand jury subpoenas.

There have been many updates since my last dispatch regarding the various legal cases that comprise the Green Scare against environmental and animal rights activists in the U.S. Please show support for these people as they are all in a tough situation— either recently indicted and fighting their charges, convicted by a jury (which gives the illusion of fairness) or facing sentencing and on the way to prison. The support I received (and continue to receive) made all the difference in my outlook and helped me face the case with eyes open and head held high. My apologies for the length of this update but I think it’s important to look beyond the urgent e-mails and remember, we’re talking about people here— not just names and potential sentences.

*In February 2008, Earth First! activist Marie Mason found a GPS tracking device on her car and when she removed it, plain clothes police sprang out with guns drawn. They called her 16 year old daughter by name even questioning why her routine changed (indicating some level of surveillance). Weeks after this incident, Marie was arrested and indicted on charges related to two acts of property destruction (arson) claimed by the Earth Liberation Front in 1999. While I have not read anything about 2 of the other defendants (or a fifth person “known to the grand jury”), it appears that Marie’s ex, Frank Ambrose, has pleaded guilty and is cooperating with the investigation. I remember Frank’s name from years ago when he was charged with spiking trees (an action meant to deter trees from being cut, not to harm loggers) in Indiana. I have no clue whether the indictment is true or not but I feel strongly that we support Marie as she is from our movement and has worked on environmental campaigns for years (most recently, on the campaign to stop the I-69 NAFTA superhighway). Also, like my case in Oregon, prosecutors in Michigan have trotted out the “terrorism” word to scare people and inflame public opinion against Marie. Although the fires in question were intended to destroy property and not harm people (based on a reading of the communiqué and a solid analysis of the arrest at greenisthenewred.com), the government is using the ‘T-word’ to tie the case to the nationwide anti-terrorism hoopla. Marie is currently out on bail and on house arrest and can surely use your support. To get involved contact Friends of Marie Mason, Post Office Box 19065, Cincinnati, Ohio 45219, freemarie at riseup dot net, or midwestgreenscare.org.

* Filmmaker, violin instructor and mother (of a three year old girl) Briana Waters was convicted by a jury of two counts of arson related to the May 2001 ELF arson of a genetic researcher’s office at the University of Washington Center for Urban Horticulture. The trial saw two cooperating witnesses testify against Briana and many names were dropped by both witnesses. Despite the fact that both witnesses’ potential sentence was based on the quality of their testimony against Briana, the jury believed them and found her guilty of two counts of arson (but not the destructive device count which carried a 30 year mandatory minimum). She faces 5-10 years for each count of arson and is awaiting her May 28th sentencing at FDC-Sea-Tac (having lost her detention hearing due to unsubstantiated allegations made by another informant). Being separated from family is the worst part of prison and I’m sure she can use the support. You can find her address and ways to donate at supportbriana.org, PDX IMC, or through the CLDC.

*Environmentalist Tre Arrow was recently extradited from Canada to the U.S. following a years long battle for refugee status. Tre has vigorously maintained his innocence despite three cooperating witnesses’ claims that he was involved in two arsons in 2001 (it should be noted that all three of these people did not name Tre until being questioned for hours and they all received 41 month sentences for 2 arsons— quite a low sentence). He has a large and lively support group and I expect the trial will be interesting and revealing of the U.S. government’s myopia with these prosecutions. His website has a list of needs and his current prison address at trearrow.org.

* Long time activist Rod Coronado recently pleaded to charges in San Diego, California regarding a speech he gave in which he answered questions about his past actions. Although the jury hung in his trial, the prosecution, vindictively, threatened to re-file charges or indict him on new, similar charges related to another speech he made in Washington D.C. Rod received a sentence of 1 year, 1 day and with good time should be out in ten months. This is third trip to federal prison and from his statements, it is clear he wants to put this behind him. I first got involved in prisoner support in 1997 writing and fundraising for a legal fund Rod set up and have nothing but respect for him and his contributions to the movement. If you can get your hands on his old prison zines (Strong Hearts 1-4 available from inourhearts@gmail.com) do so, or better yet, get his prison fundraiser Flaming Arrows for $10 from IEF Press Post Office Box 0372, Chapel Hill, North Carolina 27514 or AK Press. supportrod.org

* Eric McDavid’s sentencing has been postponed over five times— the latest is now set for May 8th. Eric faces up to 20 years on one count of conspiracy related to an incident that never happened (but was pushed and promoted by a 19 year old hired by the FBI to monitor anarchists). Eric’s case is a perfect example of the U.S. government’s obsession with the anarchist movement and their concoction of a conspiracy that did not exist prior to their employee’s involvement. Without a doubt, Eric will need help funding his appeal. See supporteric.org to help out.

* Finally, my codefendant and friend, Jonathan Paul, not only has a new website but is writing monthly dispatches. I’m sure he’d love to hear from people and appreciate news from the movement. You can also email his support crew at friendsofjonathanpaul at yahoo dot com to see if he needs any books or magazines. Because he is housed in Phoenix, Arizona— far from his home in Oregon, donations for his wife to visit him are appreciated.
supportjonathan.org

(picture of Jeff and Daniel from 2005 in OSP)

On February 28th, 2008, my friend and political prisoner Jeff ‘Free’ Luers received his long-awaited sentence of 10 years by Judge Billings in Eugene, Oregon. This outcome was a long time coming— Jeff was arrested in June 2000, sentenced June 2001 and his appeal was filed January 2002. February 14, 2007 saw his sentence of 22 years and 8 months, imposed by Judge Lule Velure, thrown out. After waiting so long and feeling no faith in the so-called criminal justice system in terms of fairness, I doubted I would ever see any victory with Jeff’s case.

Jeff received an absurd sentence of nearly 23 years back in 2001 which many saw as a clear message to the movement: use property destruction as a tactic and you will be crushed. It was a message heard loud and clear just a few years later when my co-defendants were indicted in the Operation Backfire/ELF case initially charged us with crimes that could have put us behind bars for life.

I knew Free from the Eugene anarchist scene— at the time a thriving and active smattering of collectives, groups and spaces. Free did Food Not Bombs and taught self defense. We were both involved in an 8-week activist gathering called Eugene Active Existence and had mutual friends. My interactions with him were always positive and I respected his participation in the Fall Creek tree village— a tactic/style of campaigning I had become disenchanted with. When Jeff was arrested, like many of the local anarchists, I joined efforts to support him and fundraise for his legal defense. Ironically, at the same time, I was involved with the Earth Liberation Front and was participating in actions similar to what Jeff was arrested for.

Hindsight is 20/20, of course, so perhaps it’s easy to say this now. Either way, events outside of Jeff’s (or my) control heavily impacted his life and legal case. Some of my co-defendants went back to Romania Chevrolet’s, in an apparent gesture of solidarity, and burned 36 SUVs in an immense and spectacular action. The second Romania arson (“Romania II”) was polarizing to say the least. Some in the activist community freaked out thinking it was a COINTELPRO-inspired set-up specifically designed to ruin Jeff’s trial. The corporate media in Eugene (specifically the Register Guard and Oregonian) offered sensational coverage implying links between Jeff and the incident.

In this climate, Jeff made the decision to have a bench trial— without a jury. The Judge would not only give the sentence (per usual) but would decide guilt or innocence. Despite major holes in the government’s arguments, the Judge (Lyle Velure) found Jeff guilty on 11 of 13 charges— including counts related to an attempted arson at Tyree Oil (an action Jeff has stated he was not involved in). Jeff was found guilty of 3 1st-degree counts of arson— one for each vehicle— which carried 7-year mandatory minimum sentences. When all was said and done, Velure handed Jeff a 22-year, 8-month sentence and Jeff was sent to a maximum security prison. It’s where he has done much of his time since that day.

There has been a lot of speculation on the impact of Romania II on Jeff’s sentence. Suffice to say, I think the action had a clearly negative impact on Jeff’s state of mind regarding his ability to win at trial, inflamed the Judge and the Romania family and polluted the potential jury pool. Everyone knew about this action in the small city of 150,000. Of course the media’s role in this is obvious but they are just doing what they do and it’s silly to assume they would do anything else [case in point, the smoke hasn’t cleared at the Woodinville, WA fires that took place at a rural development before the media and law enforcement proclaimed it an ELF action. The impact on the Briana Waters’ trial is widely assumed to have been negative.]

It is my belief that our movement(s) need to not shy away from discussions of these situations. Criticism, when done in the context of support and respect, is appropriate. It can help us move forward and give us a decent perspective on our own actions. As evidenced by the Woodinville fires (assuming it is ELF), it is apparent that we haven’t learned our lesson. Suspending any sort of discussion on whether the radical environmental movements should use arson, the question of timing and impact on others is still there. It was foreseeable, in my opinion that the second Romania arson was going to inflame and polarize Jeff’s legal situation. To see this situation (potentially) play out years later is just sad. While I know the intentions of those who did Romania II were good, we still need to face up to the impact of these actions.

Although my participation with the Romania II arson was limited to being shown the communique (and failing to have Jeff’s name removed), I felt partially responsibility. The repercussions of that action hit home for me and I decided I needed to be responsible for Jeff’s sentence. I committed to being there for him in the long haul, through every appeal and ordeal until he was released. From 2001- my arrest in December 2005, I was lucky enough to work with a variety of activists all over the world in fighting for Jeff’s freedom. Specifically, the Luers family, Break the Chain and the Friends of Jeff Luers crew were the stand-outs of that effort.

Almost 8 years later after many legal briefs, multiple prisons, a few trips to the hole, 3 international days of action/weekends of resistance and countless interviews, dispatches, articles and videos, we won. Jeff is coming home in December 2009 provided he participates in a boot camp program. While I am pissed off that Jeff wasn’t released immediately, as he should have been, I am happy he will be getting out at age 30, not 43!

Our prisoners have not always done so well upon release and have had a hard time adjusting to outside life again. It is imperative that we resolve to support people not just while they are imprisoned but in the period of adjustment when they re-enter society.

The Irish republican movement has a group called ‘Welcome Home’ (translated from Irish) that exists to provide support released political prisoners beyond the initial rush and euphoria from release. This work isn’t glamorous but it’s necessary. Finding decent housing and jobs, helping people comply with parole and probation, setting them up with clothes and some money when they get out— these are all things our communities can and should do. Jeff luckily has options in all these areas due to the hard work of activists in Eugene. He plans to go to school for green building or ecological sciences. He also plans to spend a lot of time with family and friends. His future indeed does look bright.

For me, I’m just excited my friend is coming home. While I will not be able to see him until 2015, due to my probation, its a day I look forward to. Free’s coming home— damn, that feels good to say.

I want to personally thank a few people who I have worked with over the years on Jeff’s campaign: Jenny, Leeanne, Brenton, Nadia, Priya, Chris, Lauren and John and Judy Luers.

To contribute to Jeff’s legal or release fund, go to his website at www.freefreenow.org. There’s a paypal button there or you can send a check/money order.

It has been a while since I have sent out an update on life here at FCI Sandstone. Part of the reason for that is my life is pretty boring and I’d hate to bore you with the details - invariably, anything on the outside sounds great compared to the mundane days here! I did want to thank everyone who has written me these past couple of months and assure you that even if you don’t get a response, I do read each and every letter or postcard (more than once). The amount of letters and my other responsibilities (as well as my sore thumb from writing too much!) prevents me from responding to everyone. It is a great feeling to stand there at mail call every day and receive all these letters - with tales from the outside and news, both good and bad. I’d like to especially thank everyone who sent me cards around the holidays - which, as you may know, is a hard time for most prisoners.

Most of my letters inquire about how I’m doing. It’s a complicated answer, of course. For starters, I’m really busy working my job as an orderly 6 hours a day, working hard on my Master’s degree, working out and taking many of the classes the prison offers (such as German I or Job Skills). If anything, my time is going fast as I’ve established quite a busy routine. In here, routine is your friend. On another level, life is deeply frustrating as I watch from the sidelines as the atrocities of normalcy persist - our country’s occupation of nations far away, continued exploitation of ecosystems and every other form of life on this planet and the myopic and ‘ostrich’s head in the sand’ approach of many in our society to these issues. Cooperating codefendants in my case refuse to take real accountability for their actions choosing to instead minimized their collusion and instead point fingers at those who made significantly different choices than they did. That, I’ll address at another time, though.

My friends have been great about keeping me updated on what is going on outside in our movement(s) and society, in general. I cherish my updates on other political prisoners, environmental campaigns and the continuing developments in “Green Scare” cases. With that information though, comes the constant reminder that I am here, not out there, and my advocacy is limited to writing. One organization I am continually impressed by is the Sea Shepherd Conservation Society who is presently (as of this letter) in the Antarctic Whale Sanctuary attempting to disrupt the pirate whalers of Japan (perhaps, ‘poach’ is the better term considering a sadly voluntary moratorium on whaling since 1986. Japan, along with Iceland, Norway and a few small island nations continue to support this slaughter of highly intelligent and sentient marine mammals). This year, there has been much drama including Japan’s refusal to release two Sea Shepherd crew members who boarded their ship with a declaration condemning Japan’s poaching. Like last year, the Greenpeace ship, Esperanza, is there documenting the kill, taking photos for their lucrative direct mail campaign but as per usual, refusing to cooperate with Sea Shepherd in any way, including the sharing of coordinates. Oh my, Greenpeace - what have you become? The fight to protect Antarctic’s whales may be over by the time you read this but please check out their website and consider donating, or even better, crewing with them.

So, reading accounts of direct action against whaling and local initiatives in my home town of Brooklyn makes me itchy but I’m throwing myself into my studies and writing with renewed vigor. I have been happy to see so many other political prisoners writing publicly these days. Specifically, my codefendant and some of the Shac 7 defendants who, like me, have a blog and similar website names. Additionally, the Earth First! Journal has consistently published political prisoner writings lately focusing largely on the variety and differences of the prison experience. While I enjoy hearing all of these responses, I specifically hope to hear more from my codefendants on the debates surrounding my case and the cooperation of so many people.

Overall, I’m doing well and dealing with the cold (it hit -5 degrees last week!). Luckily, I am provided for very well by my family and friends and my stacks of books, magazines and my frequent visits are a testament to that fact. Thank you again for all of your letters and support. Please continue to support the Green Scare defendants and all political prisoners especially in the next month when we see Jeff Luers and Eric McDavid’s sentencings and the start of Briana Waters‘ trial in February.

This is a eulogy, two years too late, for my friend William Rodgers — known to friends, family and the movement as Avalon. Avalon took his life on December 21, 2005. This was just two weeks after our arrests in the Operation Backfire case and, by no coincidence, the Winter Solstice. In his absence, much has been made of his role in our Earth Liberation Front (ELF) group. Not surprisingly, the prosecutors in the case have painted him as a leader who recruited young, impressionable activists to do his bidding. This is not only false, but also insulting to the younger people in the case, who did get involved on their own. Snitches in the case have used his inability to respond to dramatically maximize his role in certain actions in an attempt to lesson the consequences of their own actions. One person went so far as submitting to the judge video evidence and testimony that has not been made public because it was deemed too personal for public consumption. Others on the margins have chosen to focus on Avalon’s flaws by spreading rumors or even by talking to the private investigators hired by the snitches.

I first met Avalon in the months leading up to the World Trade Organization (WTO) protests in Seattle in late 1999 and developed a friendship with him instantly. His sly grin, easygoing and warm personality and humility impressed me, and I was happy to see that this quiet, older enviro was up to more than attending the EF! gatherings at which I first saw him. His rationality and quick thinking prevented disaster for our affinity group during the Seattle protests (I’m proud to say we took part in the Black Bloc). I distinctly remember getting ready to leave Seattle, and hearing his suggestion to “keep in touch.” Well, we did keep in touch. Much has been said of what we did in the years after that, but that will be told elsewhere.

Like so many of us, Avalon suffered from depression and despair, fueled by the realization of what our species is doing the planet. Living underground, juggling details of planned actions and double lives, and eschewing many of the things that our movement allies had access to is stressful. I know because I did it, and yet Avalon’s experience in that underground life dwarfed mine. I can’t help but think that this isolation and despair were major factors in his suicide. We moved on, and yet the cruel hand of the past — in the form of old friends and a Joint Terrorism Task Force — pulled us all back into our secret histories. Maybe for Avalon, it was the proverbial straw that broke the camel’s back. We will never know for sure. I remember seeing his name in a list of arrestees in a New York Times article while sitting in a New York City jail. It gave me some hope — I thought we could all fight these charges together, as a group of people who had lifelong solidarity with each other, as people who honored the oaths we made to each other. Sometimes, I lie there at night asking the questions I try to avoid: Could Avalon have stemmed the tide of informing? Would he have been the person who, having known some of the snitches for much longer than I, could really reach them — beyond their fears and to their core? I’ll never know these answers, but I do know this: Avalon would rather die and make a jailbreak than cooperate in any way with this immoral and unjust process.

The prosecution, knowing only hierarchy and bureaucracy, cannot conceive of a group without a leader, a pecking order and strict rules. Without Bill around to protest and because he was older than all of us, they found their puppet master. Suddenly the so-called “book club” was his invention and was deemed a “training school for arson.” Meyerhoff and Gerlach, grand quislings that they are, had the audacity to say with a straight face that Avalon pretty much did the Vail arson all by himself. Just reading about the ski resort’s geography, the large amount of fuel that was used and Bill’s slight stature made me laugh bitterly to myself about these lies. On some level, it’s the way the game is played for snitches. The government tells them what it wants to hear, and the cooperating witnesses jump through hoops like the well-trained pets that they are. To be clear, everyone involved with these actions and the “book club” are people like you and me. We have skills — some of us excel at one thing, others of us at another. However, there was no formalized hierarchy as suggested by the prosecution, and William Rodgers was no kingpin or leader of the ELF.

Avalon, like all of us, had his flaws and made mistakes, both personally and politically, in the way he lived his life and how he resisted environmental destruction. Our group attempted to deal with one of these areas — an accusation of sexual misconduct — and I’m sorry to say that we failed, due to not being equipped with the right ideas and strategies. It is all too easy to assuage our guilt about our own shortcomings by attacking others. I think it’s a better idea to focus on what we are doing in this world, rather than criticizing people who are not here to defend themselves. I thought of this often in court when I looked at my family, seeing the pained looks on their faces as they listened to attacks on me. Bill’s family and partner have had to endure a lot of grief in the last two years.

So when I think of Avalon, I don’t believe the hype spewed by aggressive and narrow prosecutors. No, I think of a soft-spoken, caring person who would give you the shirt off his back or carry a snake off the road; an avid, even obsessive recycler; someone who supported indigenous struggles and really got the connection between Earth-based cultures and ecological action. I knew Avalon was involved in the struggle against the Mount Graham telescope, but only after his death did I find out that he and his infoshop, The Catalyst, supported the campaign to protect the San Francisco Peaks (see Earth First! Journal May-June 2005).

When snitch Jacob Ferguson recorded a conversation with me through a wiretap in 2005, I asked him how Avalon was. He lied to me (big shock!) and told me that Avalon was happy and lived in an intentional community in Canada. I remember being really happy for him and hoping to run into him again one day, but for different reasons than why we last saw each other.

Avalon has been gone two years now, and yet it still isn’t real to me. Since I haven’t seen him for years, I can’t really take it all in without getting upset. Yes, one of our own betrayed us, and that action caused the death of my friend. How do I reconcile the truth? I don’t have a good answer except to say that we need to talk about these things and confront death in our movement. We need to grieve for our friends. Most of all, we cannot forget. This is my contribution to never forgetting William Rodgers: radical environmentalist, ELF activist, cave lover and sweet, kind man. I miss you, buddy.

–As printed in the Earth First! Journal, November-December 2007 issue.

Recently, the US Sentencing Commission released changes to sentencing guidelines for crack cocaine offenders (November 10, 2007) and on December 11th, applied them retroactively – a major reform in the way crack offenders have been sentenced since 1986. The gist of this change is that crack offenders sentenced under 201.1 will now receive a 2-point reduction (or, more accurately will be eligible for) to their base offense level under the federal sentencing guidelines. Depending on one’s sentence, this could be a significant reduction - leading to years off many peoples’ sentences. This is a major reform and could result in 19,500 people going home earlier in the next 30 years (currently, the federal prison population is about 200,000). In March 2008, when the change becomes official, over 3,800 people will be eligible for release in 2008 alone. A similar number will be eligible for release in 2009.

This change is only one that needs to happen but it’s a great step toward a more sensible drug policy in the U.S. The new change doesn’t affect the 5 or 10 year mandatory minimum sentences related to crack and it doesn’t affect every crack offender. Each individual will need to petition their federal judge for a sentence reduction and make sure it applies to their specific case. The guideline change unfortunately does not change the 100:1 ratio between powder cocaine and crack cocaine (i.e. in sentencing, 100G of powder is treated the same as 1G of crack). The problem with this ratio is that it treats identical botanical and chemical substances disproportionately when it comes to sentencing. It has been criticized as racist – when you consider 85% of crack offenders are black and that ratio punishes them so much more than powder cocaine offenders. While it’s great to see more reasonable minds slowly prevailing on crack, I cannot help but see the same dynamic happening nationwide with methamphetamine – what I call “the meth/crack heads are going to eat your children” propaganda – just think of the early 90’s film, New Jack City!

I don’t want to downplay the harm done by drug abuse – both from the culture associated with their use and the legal ramifications of their use, plus the destructive role addiction plays in many peoples’ lives. Growing up in a neighborhood with its fair share of crack, I can say I’m no fan. I neither felt safe nor appreciated the dealers with their pitbull guarded yards, antisocial attitudes and ‘stick up kid’ activity. My experience does not lead me to advocate for more punitive sentences for crack offenders. Locking up people and sending them to prison is a much worse alternative than intensive drug treatment for users and addressing the economic realities that underlie so much of the choices people make. The federal prison system has a drug treatment program but I’m not sure if recidivism/drug use rates are studied or even collected (never mind peer review or other less biased sources of evaluation).

I read about an act that recently passed the House of Representatives called The Second Chance Act of 2007 (Senate bill 1060, House bill 1593). The bill has many reform-based provisions dealing with increased half-way house time, more money for re-entry, family drug treatment and provisions that allow elderly prisoners to be released earlier. Please take some time to write or call your senator urging them to vote for this. While I don’t believe in giving up your power to “representatives,” I also live in this world and know there are things we can do now as opposed to waiting for long-term systematic changes which can make changes in peoples’ lives. You can find more information about this bill here and contacts for your senators here.

It’s rare that good news comes out about the state of prisons. The new crack changes are a good first step as are the recent Supreme Court decisions that address the extent of judges’ discretion in sentencing. What we need now is the removal of mandatory minimum sentences and the reinstitution of federal parole.

Resources:

1) Drug Policy Alliance

2) US Sentencing Commission

3) Families Against Mandatory Minimums (FAMM)

4) New York Times article on crack law change

5) The Sentencing Project

6) Prison Legal News

Visits are really tough – both for the prisoner and for those coming to see their friends, brother, or spouse. I spoke recently to a friend who visited me who told me she was depressed. When I inquired why, she reported that the visit stripped her of the little things she tells herself to make the situation tolerable. This I can relate to, as it’s a coping method I use daily. Somehow, despite the circumstances of the last 2 years, I’ve become pretty optimistic, even hopeful at times. I have a plan on how to do my time, tell myself, “Hey, at least I’m in a low [security prison] – it could be worse,” calculate my good time, figure out when I’m eligible for a half-way house and what I want to do when I get out. These are good things to ponder for sure, but they also insulate – even distract – me from my life. At its core, the situation is pretty simple – I’m in prison, kept far from my family and friends, and cannot control my own life. Visits remind me of these simple facts every time.

Visits are a big deal here, and many people do not receive them. I am certainly one of the lucky ones here. When I got here, I put in a ton of effort into getting visitor forms sent out along with visiting tips, directions, motel and food info and places to visit in Minneapolis/St. Paul. The night before a visit, I’m always nervous, wondering how the visit will go. (Will I be able to find stuff to talk about? Will I remember what I want to tell them?) Sleep doesn’t come easy, but I’m up early in order to eat breakfast. The food available at visits is from vending machines (chips, ice cream, soda) and is all garbage, so I try to at least get a decent meal in. One of the many reminders of my status as a prisoner is that we are only allowed to use the bathroom once and hour – with the guards behind us. Needless to say, I try to time my early meal with my visit so as to limit any embarrassing situations to a minimum!

The first visit with anyone is awkward, at first. I haven’t seen most of my friend for four months, and I was free then, with my street clothes on. Now I come into the room with my prison khakis on, and generally, feel pretty homogenous. I realize that these little things are just that – inconsequential and irrelevant – but it’s difficult nonetheless. They allow us a hug and kiss at the beginning and end of each visit, and aside from your arm around your visitor, that’s it. It’s a reminder to me on every visit how much we all need human contact and how we relate to our friends with hugs, horseplay, and touch. What cracks me up speaking to my friends is how prison distorts my sense of the outside world. It’s another world in here, and I feel out of touch discussing the outside.

Everything in the room is a reminder to both my visitor and me that we are different – that I am an “inmate” and that my behavior needs to be regulated. The funnies part is going to the vending machine. There is a red line on the color about 3 feet from the machine, with signs reminding you every 5 feet. Because we are not allowed to handle money, the line is not to be crossed. Watching my visitors try to figure out the 70’s style coffee machine and burn their hands on the hot cups – while being stuck on the other side of the line – can be frustrating! As I alluded to before, we use a separate bathroom than visitors, and we can only use it once an hour. I say this not to complain, but to show how the little things drive home the message of where I am at every moment. It’s enough to trip away the defense mechanisms I put in place to cope. The visits are great, but, of course, when the clock strikes 3:30pm, you go one way, and your visitors go another. As a last reminder, I’m strip searched before I’m allowed back to my unit.

Overall, visits are great, and I am so lucky to get them. Being 1200 miles from home – it’s a long trek, and I’m appreciative of the effort. It’s great during the visit – sitting with friends, drinking coffee – but the entrance back to my prison life is always so jarring. Some prisoners don’t want visits, as they feel it slows their time down, I’m not sure if this is true for me, but even if it did slow the time down, I wouldn’t give them up for anything.

Friends and supporters,

We didn’t want December 7th to completely pass everyone by without any acknowledgment. Two years ago (plus a week), Daniel was first taken away from his family, his friends, his home, his job, his school — his life.

Last weekend there were events held all over the country to commemorate the multiple arrests that took place on December 7, 2005.

These events aimed to educate others on the past, present and future. A number of us in NYC spent last Sunday in one of the busiest intersections of Manhattan spreading the word about a troubling new piece of legislation called “The Violent Radicalization and Homegrown Terrorism Prevention Act”

Please take a few minutes to read all of the extremely important information found here: http://www.supportdaniel.org/act/

We hope to keep adding relevant information to this page over the next few weeks. Please call your senator, spread the word, stop this Act.

Thanks,
Family and Friends of Daniel McGowan

————————————————————
Don’t forget to send letters to Daniel’s non-cooperating co-defendants:

Jonathan Paul
#07167-085
FCI Phoenix
Federal Correctional Institution
37910 N 45th Ave.
Phoenix, AZ 85086

Joyanna Zacher #36360-086
FCI Dublin
Federal Correctional Institution
5701 8th St - Camp Parks- Unit F
Dublin, CA 94568

Nathan Block #36359-086
FCI Lompoc
Federal Correctional Institution
3600 Guard Rd.
Lompoc, CA 93436

If I could, I would wear black today, not because it’s my preferred color (which it is), but because today is a day I mourn. Not in a traditional sense of mourning a person’s death but a day to mourn the end of one part of my life the day I said goodbye to a part of my life no one in my life knew about. Some people order their lives into ‘before September 11’ and ‘after September 11’ — for me, it’s before and after December 7, 2005, the day of my arrest.

Sometime around 4:15 on that day, my past caught up with me in the form of 3 federal agents standing in the entrance of my cubicle at my job. I was not quite sure why they were there but I had a feeling it was going to be bad. Although I sensed nothing that day, I had experienced anxiety in weeks prior about (then) hypothetical matters like “Who would do x if I was gone?” or “Do I really need all the Jeff Luers campaign materials, original master VHS tapes, et cetera ?” I chalked it up to anxiety – the holidays were coming up and I was woefully behind on getting gifts for my family; plus the first semester midterms in my graduate acupuncture program were approaching. The perfunctory “Are you Daniel McGowan?” along with the macho and unnecessary declaration, “You’re going back to Oregon!” snapped me out of my stupor. The office holiday cards were dropped, I was cuffed and led outside into the frigid air without a coat into an unmarked car. It hit me at that point that my life would not be the same. The feeling of my secret past colliding with my present and all I could do was slip into survival mode. My inner voice screamed, “be quiet! Don’t say a word to them! You know people care about you and they will have your back, hire a lawyer and you’ll fight this.” I am grateful to all the lawyers and legal workers who put on legal trainings as it really came in handy then.

Here I am, two years later sitting in federal prison; if all goes well, I’ll be out in about 5 years. When December was approaching, I wondered what this date means to me and how I would feel when it came. Last year, I was insulated from it all as my community held a rally for me at Foley Square in downtown Manhattan, near the FBI headquarters I was brought to and the jail I was housed in for a week. So, Dec 7th is here and it has brought up a number of feelings: frustration, anger, fear, nostalgia, loneliness and hope. I fear that as time goes on, people will move on and focus their attention elsewhere; that by being out of sight in prison, that I’ll be out of mind. I’m scared that people will forget what it is we were (and are) fighting for — that this ‘Green Scare’ is not just about punishing us but about preventing them from advocating for a culture that doesn’t destroy every ecosystem and see our planet as something to profit from. We are here as trophies for the government and symbols to you that scream: “mess with us and our god of private property and we will crush you. Talk about stopping our plans and we will label you a terrorist and when we catch you, we’ll offer some of you reduced sentences for selling your friends out.”

In the absence of information, it’s hard at times to figure out whether or not this strategy the government uses is having an impact or whether it’s backfired (Sorry, I couldn’t resist the pun!). Recently, I read an excellent book by social justice activist, former editor of Onward!, (and someone who I met last year), Dan Berger called Outlaws of America. It focuses on the Weather Underground and their actions against US imperialism in the late 1960’s and 1970’s. Dan argues that the WU’s significance is not in the property bombings of US government buildings and corporations — albeit spectacular and daring actions. The significance and legacy to today’s social and ecological resistance movements is the politics and beliefs behind the actions, not the details of the bombings, how each site was chosen or the devices themselves. As I read this, it raised a familiar frustration in me — that no matter how hard I tried, the things people remembered about the ELF wasn’t the rationale behind the actions but were, the rumors mentioned in court, who slept with whom, how much damage the fires did and other trivial matters. There is a problem with the dominant idea of the ELF and our actions as ‘activists who burn things’ or as the government labels us, ‘arsonists’ or ‘terrorists.’

For me, the tactics were not the driving force in my actions but were the means to an end. In fact, the use of fire caused me great anxiety and I felt it was generally used with little strategy as we were trapped in a self-created race to be more “effective.” This led to strategy and ideas taking a back seat to the ‘why,’ which is infinitely more important to any discussion of what we were trying to do. I should say that I speak for myself on this issue and my opinions may not be similar to any of my codefendants – cooperating informants or otherwise. My point then is that similar to the Weather Underground, the significance of the ELF actions was not the arsons, but the beliefs behind them.

I suppose in reflecting on actions I have taken and how they were perceived, it made me think I need to write more about them. If all people took from the actions were the sensational aspects – then we have failed. It is our rationale for engaging in such extreme action that matters, not the tactics. People have asked me about the actions and I’ve been very cautious about saying things for a variety of reasons. One – I don’t want what I say to be taken out of context. I’ve been screwed by the government using an interview I gave to Amy Goodman on Democracy Now! as justification for opposing motions for me to stay out on bail longer. Secondly, I have my own perspectives on what went down and I am neither ELF cheerleader nor detractor. I will not be used by others to criticize people who choose the same tactics I chose no matter what my personal opinions may be. Unlike the critics, I know where they are coming from and I can empathize. Nor do I want my words to be used by people whose main goal seems to be to encourage young people to do actions they will support but lack the courage to do themselves. I’ll do my best to avoid these dynamics and instead try to explain the complexities of one’s motivations and where we were coming from, to the extent I can.

December 7th reminds me that this fight is not over. On the legal front, many of us are in prison with long sentences to do plus years of probation and multi-million dollar restitutions. One person is going to trial in early February 2008 in a related ‘Operation Backfire’ case (see supportbriana.org). The government has convened a grand jury in Minneapolis regarding ELF actions and Eric McDavid is facing 5-20 years in prison after losing his September trial. US environmentalist Tre Arrow is fighting extradition from Canada for very similar charges I faced although he has proclaimed his innocence. Jeff ‘Free’ Luers gets re-sentenced soon as well. Please take some time to educate yourself about the cases and extend your solidarity to these people and others. Perhaps more importantly, this government and its corporate friends continue to destroy ecosystems here and abroad in pursuit of unfettered profits. People may be opening their eyes to the perils of global climate change but much effort is needed to fight for real alternatives – not fake ones like bio-fuels, nuclear power, or straight-up “green capitalism.”
*Many of these ideas will be expanded on in a zine I am writing — hopefully out within the next year

Books through Bars (BTB) NYC is an organization that’s main objective is to send free books and reading materials to prisoners all over the country I federal, state, ad local prisons and jails. It is an all-volunteer collective, formerly run out of ABC No Rio in NYC’s Lower East side and no runs a office out of the NYC AIDS Housing Network at 80A Fourth Avenue, between St. Marks & Bergen Streets in Brooklyn. The goal of BTB is to provide quality books to prisoners, many of whom only have access to the Bible and standard mass-market paperbacks (à la Danielle Steele, Stephen King, and James Patterson) if anything at all.

I have friends in BTB and have always been impressed with their dedication to the thankless task they set themselves. The group gets hundreds of requests each moth for books and now has three night each week to send books out. They focus o sending out books on politics, history, social science, and black liberation/history (which is a very common request from prisoners). They don’t fill orders for religious books or mass-market fiction, since these books are the easiest to fid I prison, nor do they send out legal or trade books, as they become dated so easily.

I’ve been to a few “packing nights” at BTB – both when they were at ABC and now at their new space. Often, I’ve gone when I was reminded of the project or when I really wanted to do something concrete, going to a packing night is fun – when you’re done, there is a pile of books packed up, ready to go to prisons all over. You know that, in a week or so, your contribution is helping make someone’s life inside just a little bearable. People pack into the small room/office/library BTB maintains, open letters, and spend time perusing the stacks of books looking for a good match. (BTB encourages requests for genres of books, not specific titles.) You fie one or two books, weigh them, stuff them with some info – such as a National Prisoner Resource List or a zine – and then wrap, seal, and address the package. Because BTB is real grassroots and shoestring – it is funded primarily o donations – and because of the rapid increase in postage, volunteers find books to use up all the available weight for the media mail (or book) rate. I have spent some time trying to find the right combo – just 1 lb or 2 lbs can be a challenging task. The group has a steady stream of regulars, but it is also easy to show up and volunteer.

Prison book programs grew out of the experience of prisoners and prison activists in the late 60’s and 70’s – a time during which prison libraries either didn’t exist or were too sparse and devoid of political content. Prisons had study groups amongst themselves, and there was thriving resistance in US prisons. The books programs were set up to help those on the inside meet their educational needs as they resisted the inane practices of their jailers. Books through Bars NYC is one of several programs that exist in the Us – you can find a list of them here. Last count I did, there were about 15 or so of these projects nationally although, sadly, some of them come and go. BTB-NYC sends books to most states in the US and shares letters with other groups for requests for books in states they don’t send to. For instance, the 12 state prisons of the Oregon prison system present a real challenge to activists sending books in. Orego requests are handled by Books to Oregon Prisoners or Portland Books to Prisoners. Inside books in Austin, Texas only sends to Texas prisoners and Books to Prisoners-NOLA only send to those in Louisiana. Arise! Books in Minneapolis, MN runs a program for female and trans prisoners.

As someone on the inside, I can say with certainty that books and quality reading materials make a huge difference in my day-to-day life. They can distract from the tedium as well as assist in self-managed educational pursuits. Prison libraries are notorious for being narrow and poorly stocked, as well as being devoid of political books and decent classics. By all accounts, this prison has a good collection, compared to what I’ve seen county jail and from what others have told me. Nonetheless, the collection – which consists of seven stacks of fiction, one biography and true crime, one native American, one non-fiction, and a huge amount of GED instruction books – is paltry for a population of over 1,200 men. The prison library doesn’t seem to buy any books, but instead relies on the generosity of prisoners who donate the books they’ve read. County and city jails and immigrant detention centers have horrible libraries due to having smaller budgets and an indifference to/disdain for people who won’t be there long or who come from marginalized communities. However, as many will tell you, people are often held in county jails 1-2 years before trial if they don’t make bail (like 2 of my codefendants) and that weekly trip to the library makes a huge difference. State prisons vary by the institution, but are likely to be worse than federal prisons.

The ideal situation would have organizations set up to cover specific regions of the US or particular states. I can certainly see that there are some states that are missing access to good books . Immigrant prisons are also missing that access, which is complicated by the dearth of non-English books. The good new is that although the projects are autonomous (despite having similar names), there is coordination among prison books programs, which lead to a listserve, which is used to coordinate, and a recent conference.

Check out the National Prison Resource Listing online or via the Prison Book Program, c/o Lucy Parsons Center, 1306 Hancock St., suite 100, Quincy, MA 02169 for a listing of programs. There may be one near you that either needs book donations or volunteers willing to fill requests from prisoners. Any prison book program can use donations of books of stamps, packing tape, envelopes, and markers.

Books Through Bars NYC packs on Mondays 7:30-9:30pm, Thursdays 7:30-9:30pm, and Sundays 5-8pm in the basement of NYCAHN at 80A Fourth Avenue, between St. Marks & Bergen Streets in Brooklyn. Call 212.254.3697 ext. 26 email btb [at] abcnorio.org. BTB’s mailing address is c/o Bluestocking Books, 172 Allen St., New York, NY 10002. They also hold benefits and movie nights from time to time and are always looking for donations.