On Wednesday evening, May 8, the jury ended deliberation with a guilty verdict on both charges, Vandalism and Sabotage. A bond hearing is scheduled for Thursday morning. They now face up to 20 years in prison. A literal death sentence. This LINK is to the story and video prior to the verdict. This LINK is to day three testimony, just prior to the conviction. IT IS POWERFUL TESTIMONY!
Friday, May 10, UPDATE: Judge Thapar rules: Convicted Y-12 protesters must stay in jail until sentencing on January 28, 2014. See story HERE.
The superseding indictment from last December is found HERE.
The defense filed a Rule 29 motion to dismiss the sabotage charge (sec. 2155) after the government rested its case, but the judge deferred a ruling on that until after the jury could consider the evidence presented. He could overrule the jury, but this seems doubtful. Discussion in court centered on whether the intent of the defendants could be inferred from their actions, and the jury bought the government’s contention that their actions were INTENDED to “injure, interfere with, and obstruct the national defense of the United States”. This, despite no testimony connecting the damage done to impairment of U.S. defenses. Government maintained that ANY damage to Y-12 facilities also constitutes such sabotage because the defendants admit they desire nuclear disarmament. They cut four fences on the way in, put graffiti in blood and paint upon and hammered a few chips out of the concrete wall of the HEUMF at Y-12.
The court had previously granted a motion in limine that forbid the defense from any mention of U.S. legal obligations to pursue disarmament under the NPT, Article VI of the Constitution, as well as any testimony about international humanitarian law or the laws of war related to use of weapons of mass and indiscriminate destruction. So much for defendants getting to tell “the truth, the whole truth…” to the jury. The court forbids such truth in these cases.