Posted on 08/03/2004 11:49:22 AM PDT by presidio9
-- A federal judge refused Monday to toss out a charge that could lead to a minimum 30-year prison term for a Caltech grad student implicated in a multimillion-dollar "eco-arson" spree at SUV dealerships.
William Jensen Cottrell, 24, is charged with arson, conspiracy to commit arson and the use of a destructive device in a violent crime.
The latter charge carries a mandatory minimum of 30 years in federal prison if Cottrell is convicted -- far longer than he would face if convicted only of the other charges.
The defense employed a number of legal arguments to try to persuade U.S. District Judge Gary Klausner to grant the motion to dismiss, including that arson is not inherently a violent crime.
The judge rejected that and other arguments, saying he believes it is clear the crime -- in which the perpetrators used Molotov cocktails and spray paint -- is a crime of violence.
Cottrell is accused of using his university account to log onto Caltech computers before e-mailing a Los Angeles Times reporter after the arrest of Josh Connole, a Pomona anti-war activist authorities now say is not a suspect in the case.
Cottrell allegedly wrote that Connole, who was released after being held three days, was not involved in the vandalism.
The e-mail's author professed to being part of a group responsible for the firebombings, and said he was affiliated with the radical Earth Liberation Front.
The Internet address for the e-mails led investigators to Caltech, where they traced records and learned whose security cards were used to gain access to libraries containing computer labs, according to an affidavit filed earlier in the case.
Outside court, Cottrell co-counsel Michael Mayock said he believes the government is using the count that was the subject of Monday's hearing as a means to pressure his client into pleading guilty and cooperating with the government.
Mayock said prosecutors have not offered a plea bargain. If they do offer a deal, it's possible they would offer to remove the count "as the bait," he said.
The arson spree occurred between 2 a.m. and 4:30 a.m. last Aug. 22, when vandals struck four San Gabriel Valley car dealerships and several private vehicles.
Authorities say about 125 autos were damaged by fire or painted with messages such as "Polluter," "SUV," and "ELF" -- a reference to the Earth Liberation Front.
A commercial building at Clippinger Hummer in West Covina also was scorched.
Finally those twits are not above the law. If he gets the 30 years it will be a nice message to the rest of them. I wonder if the rest of the ELFers will go after the judge.
I hope - and would not be surprised. . .
As for arson not being an inherently violent crime. . .simply an amazing piece of analysis by a Leftie/Lib lawyer and his client.
30 years would sent a nice message to these little eco-terrorist bastards.
I think the eco-terrorists should be shipped down to Guantanamo Bay...
“I was in bed with my girlfriend at 6 a.m. when the FBI barged in with guns and handcuffed us both. Within 24 hours I was here.”
“I don’t get any sleep here,” he says. “The lights dim at night, but they’re still on. People are screaming all night, and there’s always the sound of people playing dominoes.”
“The first night was really bad,” Cottrell said of his introduction to Berdoo. “I was in a holding cell with over 20 people that was designed for about five, and forced to sleep in a puddle of toilet water that had leaked onto the floor.”
It’s obvious that Cottrell understands that for at least the next 30 years he could spend nights listening to inmate screams and the slapping of dominoes. “You go between your cell and cafeteria, cell and cafeteria, cell and cafeteria,” he said of his new routine with a grim smile.
The article also says he was going to ask his girlfriend to marry him so that she wouldn't be able to testify against him -- I guess this bonehead doctoral student doesn't know that's an old urban legend.
Either that let them be one with nature and ship them off to Afghanistan.
Agree. It's time to start sending "messages" to all the little college punks that are oh so smart. I'd kind of like to see them have to PAY REPARATIONS to the insurance companies that covered this.
I wonder how much more eco-damage occurred by his actions than the SUVs he so passionately hates.
He should be worried about getting "married" alright. Once he hit general population he is toast.
He should be worried about getting "married" alright. Once he hit general population he is toast.
He can marry Johnny Taliban Ranger
It is sad to say that this goes on in prison, but it is well known that it does. And if you can't do the time don't do the crime.
He'll be broken in a month tops. I wonder if the "sound of people playing dominoes all night" is some sort of euphemism?
And I will never understand why they consider burning down new houses to be a green-thing to do.
Is that what the buttsex crowd is calling it these days?
Molotov cocktails are nonviolent bump!
Well, actually, there IS still such a thing as spousal immunity (or the marital privilege, as we call it here) in many states. Most states, like GA, have limited the doctrine in a lot of ways, but in GA you can still marry somebody to shut them up regarding events that took place BEFORE the marriage (as long as they cooperate). IIRC, Federal Rule of Evidence 501 applies the state's common law privilege rules, so you'd have to look to the state's law to figure out exactly how it would play (I assume he's consulted an attorney!)
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.