Simulposted with Voice of the Voiceless
by Peter Young
In one of the more interesting lapses in media fact-checking, recent reports that an activist has been charged with conspiracy to break-in to the University of Iowa labs in 2004 may be premature. At least one lawyer has said the media may be misreporting the charges altogether.The announced Thursday that jailed grand jury resistor Scott DeMuth had been formally indicted for Animal Enterprise Terrorism in Iowa. While every media report speculated the charge related to conspiracy to commit vandalism related to the liberation of 401 animals at the University of Iowa, the media failed to decipher the criminal codes listed in the indictment. A look at those codes show it does not specify what illegal conduct is alleged – whether threats, vandalism, or something else altogether.
The indictment (viewed here), makes no mention the University of Iowa raid. The primary evidence cited by the media that Scott DeMuth is charged with the break-in is:
*The date range on the indictment (November 9th to November 20th, 2004) matching the University of Iowa raid.
*The county (Johnson) listed on the indictment matches the location of the University of Iowa raid.
*Scott DeMuth and Carrie Feldman’s attorney’s both stated they believe the grand jury was investigating the University of Iowa raid.
However it appears DeMuth may not be charged with the actual break-in under the Animal Enterprise Terrorism Act.
To shed light on the confusion, attorney Matthew Strugar has this to say about the indictment:
“[the portion of the indictment indicating the charge does not pertain to property destruction at the University of Iowa is-] the subsection of the AETA that he’s charged under. 18 USC 43(b)(1) is property destruction and 18 USC 43(b)(2) is threats (here is a link to the law). So to have a violation of the law, they have to prove a violation of 43(a) and either 43(b)(1) or 43(b)(2). Scott’s indicted for a conspiracy to commit 43(a) and 43(b)(2), which is definitely a charge for making a threat. It cites (b)(2) twice in the indictment. It would have to list 43(b)(1) if it was for property destruction, damage, theft, etc, and it doesn’t.
That’s some legalease, I know, but I promise you that’s the situation.”
While it appears probable the charge is related in some way to the incident at the University of Iowa, the speculation DeMuth is being charged with the break-in itself is entirely premature.
In another interesting legal note, the indictment comes just one day before the 5-year statute of limitations was to expire. Another attorney has speculated the indictment was rushed through to freeze the statute of limitations, with the intent of buying them time to issue a future indictment:
“The government could file an indictment to toll the statute of limitations and then seek a superseding indictment after further investigation.” the lawyer said.
These legal maneuvers are indicative of an investigation which has gone nowhere, and prosecutors who are desperate to locate members of the Animal Liberation Front, no matter what legal acrobatics are required.
-Peter Young
Write to Scott:
Muscatine County Jail Inmate
c/o “Scott DeMuth”
400 Walnut Street
Muscatine, Iowa 52761
Peter Young is NIO’s Senior Editor of Animal Liberation and the creator of VoiceOfTheVoiceless.org. Young is a veteran animal liberation activist and former political prisoner convicted for his role in liberating thousands of animals from fur farms across the country. Emerging from a grand jury indictment, 7 years of being wanted by the FBI, a federal prison sentence, and nearly 15 years in the animal liberation movement; today Peter is a frequent lecturer at universities and events, writer on liberation movements, and unapologetic supporter of those who work outside the law to achieve human, earth, and animal liberation.
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I completely agree that is the game the government is playing here, an indictment one day before the 5-year statute of limitations? pleeze…very dis-concerning to see them grasp at straws here, when the ones they should arrest and electrocute are the monster vivisector’s.
So far the government is not protecting even pets, let alone lab animals. The ChemNutra sentencing still drags on.
http://www.wayofcats.com/blog/the-melamine-scandal-sentencing/4251
Outraged and disgusted. I am n0ot surprised at the hypocrisy and games of the government. Scott has my full support, which includes letters to show such.
We have a few college students online from University-of-Iowa and we love your blog postings, so well add your rss or news feed for them, Thanks and please post us and leave a comment back and well link to you. Thanks Jen , Blog