Vegan Edge Hip Hop

Reposted from www.voiceofthevoiceless.org

Judge quadruples the recommended sentence for A.L.F. activist.

While most vegan straight edge kids limit their “revolution” to attending shows, xVx activist William “BJ” Viehl turned his singalongs to action, and was sentenced to two years in prison Thursday for A.L.F. actions.

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 that his sentence was 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

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Reposted from www.voiceofthevoiceless.org

Your singalongs don’t look so important anymore…

A man set himself on fire Wednesday outside Ungar Furs in Portland, Oregon. After dousing himself with gasoline, he attempted to enter the store, shouting “There are animals dying! Animals dying!” After police extinguished the flames, he was taken to Legacy Emanuel Hospital where he later died.

The man was identified as 26-year-old Daniel Shaull from Kansas. Among the local activists I have spoken to, none are familiar with Shaull by name, nor recognized him as being a part of the active, long-running campaign against Ungar Furs. Yet the location and witness reports strongly indicate this man sacrificed himself to bring attention to the horrific treatment of animals on fur farms.

A news report, which aired prior to Shaull being announced dead, can be viewed here.

Ungar Furs is a retail fur store in Portland which has been the target of a prolific campaign by local activists. Ungar became a target after frequent protests successfully closed another Portland fur store, Schumacher Furs. The owners of Schumacher Furs gave animal rights activists full credit for shutting them down in 2007.

Amidst a range of speculation, I think it is important to assume this is a genuine action by a person driven to make the ultimate sacrifice by the severity of animal suffering. When every legal channel to affect change is closed, people will increasingly be driven to actions which bring both attention to the plight of animals, and a disruptive effect to those who kill them.

Shaull is not the first to give his life in the U.S. animal liberation struggle. This is a time to remember William Rodgers, who took his life in an Arizona jail in 2005 while being held for numerous Animal Liberation Front actions. It is also a time to remember Alex Slack, who took his life while awaiting trial for the A.L.F. bombing of the Utah Fur Breeder’s Agricultural Cooperative in 1999.

If anyone knows Daniel Shaull, please contact Voice of the Voiceless, so that we can make the full story of this action known.

To those who claim the animal rights movement is “violent”, this action should be yet another reminder that every casualty to date has fallen on our side. Daniel Shaull is just the latest victim.

“If this is what the world has made of us, then let it live with the consequences”.

-Peter Young

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 “BJ” Viehl’s motion for the judge to step down from the mink farm raid 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 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 11^th 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…)

Report From William “BJ” Viehl’s Sentencing

November 12^th, 2009

Simulposted with Voice of the Voiceless

On November 12^th, 2009, both activists and fur farmers converged on the federal courthouse on downtown Salt Lake City to attend the sentencing for William “BJ” Viehl’s. Having pleaded guilty, BJ was to be sentenced for the release of 600 mink from the nearby McMullin Fur Farm. This was the first sentencing under the Animal Enterprise Terrorism Act, and the first for a non-turncoat accused A.L.F. activist (for an A.L.F. action) in over two years.

I had the good fortune of visiting BJ in jail the previous day in what we hoped we be his last jail visit ever. He explained to me the expectation of both himself and his attorney at the sentencing was a sentence of no more than six months. With credit for time served, he expected to be out in one month, at most.

In the plea agreement, the prosecution agreed to recommend the low end of the guidelines. The AETA has been the subject of much hype, among the criticisms being the harsh sentences imposed for property crimes. A close look at the guidelines however finds that, within a narrow margin of “damage” (the dollar amount being the prime determinate of sentencing guideline placement), the AETA still remains potentially a lesser threat than charges for the same crimes at the state level.

In BJ’s case, the guidelines called for six to ten months. With the prosecution recommending six months, and the judge’s history of adhering to the guidelines, BJ expected to be released from jail in no more than one month. While the guidelines were discretionary, BJ was hopeful for being released that day.

(more…)