Terri Wood, OSB #88332 Law Office of Terri Wood, P.C.

730 Van Buren Street Eugene, Oregon 97402 541-484-4171 Fax: 485-5923 Email: twood@callatg.com Richard L. Fredericks, OSB #832034 750 Lawrence Street Eugene, Oregon 97401 541-343-6118 Fax: 683-9240 Email: rlfred@comcast.net Attorneys for Stanislas Meyerhoff

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON

UNITED STATES OF AMERICA, Plaintiff, -VSSTANISLAS GREGORY MEYERHOFF, Defendant Counsel for Stanislas Meyerhoff respectfully submit the following MR. MEYERHOFFS MEMORANDUM IN MITIGATION OF SENTENCE Case Nos. CR-06-60078-01-AA CR-06-60122-02-AA

memorandum in mitigation of sentence, reserving the right to file supplemental memoranda as needed to respond to the Governments sentencing memorandum and the final Presentence Report. Endnotes are found at the conclusion of this memorandum.

INTRODUCTION More than five years ago, Stanislas Meyerhoff turned away from the ELF and took the first steps on his path to redemption. He was 24-years-old. He had no road map, but he knew where he wanted to go: He wanted to join the middle-class. He decided he needed to go to college to get there, uncertain as he was of eventual success. He wanted to make the world a better place; this time, the right wayrejecting what he had grown to see was the meaningless destruction wreaked by the ELF, in its misguided pursuit of this very same objective. Stan didnt just walk away from the ELF and get on with life: He carried with him the heavy burden of his crimes, and the commitment to somehow pay society back. That was Stans vision, and he remained true. On a job application for an engineering research position, he wrote: At 26, I have worked at many

relatively unskilled jobs from Seattle to Tucson. I want to own a home and a vehicle that does not require constant maintenance. I also want to contribute improvements to society, to return more than I have taken. Stan never forgot
his debt. Over the years, those who encountered Stan sensed there was something about his past that made him very different from most of his peers: Siobhan Cooper, a classmate of Meyerhoffs at Central Oregon Community College in Bend, observed, Stan was deeply concerned with doing the right

thing and nearly overwhelmed with making decisions that would allow him to be a productive member of society.
Stans physics professor and academic advisor, Dr. Bruce Emerson, found

He had a transformational view of why he was in school, both for himself and for the world and his community. His confidence that he could accomplish any of these transformations, whether to himself or the world, was very low. As time passed and Stan was very successful in his courses, he clearly began to see that he might actually be able to play a role in the changes that he cared deeply about, Emerson says. When he left [COCC] I was sad to see him go . . . but I couldnt wait to see what hed do to help the world be a better place. His potential seemed limitless to me.

During the summer of 2005, Stan interned at a hydrogen fuel cell development company, putting his new skills to real use. One of his supervisors, Bruce Johnson, a retired Oregon State Police lieutenant now in his second career, says, As I got to know him better, I learned that there was a gap in his

past during which he admittedly had made poor choices. I didnt pry for details, and he didnt offer them. What was important was that Stan had determined at some point to make something better of his life, Johnson says. By the time I met him, he was a humble young man with a sincere interest in developing himself as a scientist.
James Johnston, who has known Meyerhoff since the mid-90s when they were both involved in lawful environmental activism in the Eugene community, says, I recognized around 2002 that Stan had completely changed his life,

although of course not all of the facts were available to me at that time. . . I cannot emphasize enough how genuine Stan is in renouncing his former life and looking ahead to any opportunity available to contribute something constructive and positive to society.
Cooper, now an applicant for medical school, recalls the last email he received from Meyerhoff in December 2005 left him worried Stan was

struggling with something that I did not know about or understand. I worried that he would tear himself apart in an attempt to deal with his pain. Later that month I heard of his arrest. I finally understood why he was determined to make the right choices in his life and the source of his guilt.
Having spent many hours communicating with Meyerhoff in jail visits and letters since his arrest, Johnston has witnessed the depth of his remorse. He observes, Although Stan practiced deceit when he was involved in arson crimes,

he is not misleading anyone now.

Professor Zelda Ziegler recalls that, while a student at COCC, Stan would often mention a social debt, one he could not hope to repay: It was clear to me

that he knew that he needed an education to be able to make a contribution that might be substantial enough to ease some of his debt. He was well on his way with his chosen career when he was arrested. Meyerhoffs goal was a
degree in neurotechnology, and work in a research/design facility to improve

myoelectronic devices used to better the lives of disabled and handicapped people.

Since he has been in custody, he has continued to make progress with his education, Ziegler says. Stan, with the help of his professors in Virginia and
Bend, completed his final exams while at FDC Sheridan for the courses he was taking at the time of his arrest. Since being housed at the Lane County Jail, he has enrolled in correspondence courses through two universities to complete additional courses that will earn him an Associates Degree in Science within the next few months. Stanislas Meyerhoff has a brilliant scientific mind and the devotion to make our world a better place, born in part from his deep regrets for the harm he has done. He has publicly denounced his misguided criminal past, a product of youths blind idealism and its many frustrations on the way to adulthood, and his own desperate need to belong. His cooperation with the Government has been whole-hearted and substantial: the first to break ranks, of his own volition; a sincere act of contrition, not a move made upon advice of counsel. Google his name and you will get nearly 600 hits, most of those sites with reports branding him a traitor or snitch. The dangers he will face each day in prison include the threat of physical and sexual assault, given his slight physique of 57, barely 130 pounds, and his undeniable informant status. If this case is truly at the battlefront of a war against Eco-terrorism, what message will the Government send the ELF/ALF with the sentence it proposes for Stanislas Meyerhoff? Surely he is worth more as a symbol of remorse and self-reformation, deserving of leniency, than as a symbol of what happens to Eco-traitors who side with the Government, rewarded by more than 15 years of imprisonment. This is far more timebetween about 2 to 7 years longer at the leastthan the Government seeks for any of his co-defendants, even those whose crimes of conviction are similar in nature and number, and who, according to what the Government has claimed in court proceedings, remained involved in the movement until the time of their arrests.

The basis for mitigation lies in the history and characteristics of the defendant, 18 U.S.C. 3553(a)(1), that tell us who Stanislas Meyerhoff truly is, why he committed these crimes, how he changed, why he is no danger to society and stands ready to be of great benefit. This memorandum seeks to provide that information, compiled from many sources, including Mr. Meyerhoff and his family, his professors, his colleagues and friends. The collective knowledge of these citizens, most of whom have known Stan for years, deserves serious consideration; the caliber of a mans friends speaks volumes about his character.1 To understand what makes Stanislas Meyerhoff unique from his codefendants, and so deserving of leniency for his offenses, one must start at the beginning. CHILDHOOD: Challenged by illness, domes tic violence , and growing up alone . France went into premature labor with Stan while sailing with his father, Claude, on Lake Geneva, Switzerland. Upset by this interruption of his leisure time, Claude dropped her off at the hospital and did not return home for a week. Claude Meyerhoff then is a 37-year-old chemistry engineer, born during the worst of World War II from a German father and French mother. He is a highly intelligent man, with a deadly humor always aimed at others. Claude is also an insatiable shopper, often spending his paycheck before he gets it, bickering with wife France about that, and consoling himself by spending some more. France de Laage, Stans mother, gives birth to Stan at age 34. Like Claude, she is born during the War, in a French city that is bombarded by the U.S. shortly before D-day. Her early childhood is scarred by fear of the Germans and her familys struggle to survive in their shattered, post-war community. After France marries Claude, the financial tensions, complicated by Stans birth and illness, and Claudes later infidelities, lead to violent arguments that escalate to physical assaults, bringing fear and terror back into her world. From day one, life presents challenges for Stan. Born premature and underweight, he cannot keep food down. Stan vomits after most meals and cries endlessly from stomach pain. For the first 3 years of his life, doctors run multiple

tests trying to diagnose the problem. After determining Stan suffers from an enzyme-deficiency digestive disorder, doctors can only prescribe a strict diet. He remains an ill and delicate child throughout his early years, succumbing to numerous infections, with little improvement in health until age 7, when his body begins producing the missing enzyme. Stan is Frances first and only child, and she devotes her time to tending his illnesses. Claude soon becomes jealous and resentful of her attentions shifted to their son. What Stan lacked in physical prowess, he far surpassed with intellectual abilities. An extremely bright child, Stan learned to read French at home when he was 3-1/2. Upon entering pre-school, he learned to read English within a few weeks. The director of the pre-school tells France hes never seen such a young child understand math like Stan, then 4, who is able to grasp 3rd grade math concepts. Later, around age 11, Stan will attend a gifted childrens math course at Arizona State University, where the teacher tells France that he is one of the brightest, but does not do his homework. By age 15 he is fluent in English and French, does well in Spanish, and is learning J apanese. When Stan was 18-months-old, the family moved from Europe to Scottsdale, Arizona. There Claude began an affair with his current wife, and abused France routinely. France had nowhere to run: no car, no work permit, stranded in a country where she knew no one, and caring for a sick child. His father either ignored Stan completely, son. When Stan was about 3-yearsold, his father, in a rare display of tenderness, took a bath with him. This pleasurable moment ended when an argument erupted between his parents, causing his father to leave the bath to continue the fight. Stan remained abandoned in the tub until rescued later by his mother. This is one of Stans earliest memories. or treated him with animosity, but rarely struck his infant

Stan still has a scar on his hand from his fathers cigarette when he was about 4-years-old. The emotional scar was far worse: Claude rarely included Stan in any of his activities, so Stan was ecstatic to be allowed in the workshop with his father, to assist with a handyman project. An accidental contact between the flaming ember of his fathers cigarette, and Stans hand when he reached up to touch the tool bench, caused Stan to shriek in pain and begin crying. Claude reacted angrily, screaming at Stan and for his mother to take the child away. Upset by her sons injury, France yelled back and his parents engaged in a loud, heated argument while Stan hid and cried in his room, overcome by shame. France bore the brunt of Claudes physical abuse. Stan recalls his mother often having black and blue marks. France moved to a battered womens shelter with Stan, and divorced Claude, when Stan was 4. After a couple of years separation, his parents remarried, ostensibly for his sake. But soon Claudes violence re-emerged. France kept a suitcase hidden in Stans closet with enough clothes, books, toys and medicine for him to last a week, ready to flee if Claude became too dangerous. She now has a car and kept the keys in her pocket during the day, and under her pillow at night. After her second trip to the emergency room for serious injuries, France left with Stan again. He was in first grade, in public school. She divorced Claude for the last time when Stan was 7, after which his father made only brief and rare appearances in Stans life. Barlow Steibel, one of Stans few childhood friends, noticed Stan seemed

very affected by the complete silence from his father. After a while he became sort of a recluse by building a shell around himself. Anyone could tell that he was deeply impacted by his parents divorce. Claude provided little child support,
and France soon started teaching French at an after-school program, as well as private tutoring. She never remarried and devoted her life to Stan. Despite their near-poverty lifestyle, France wanted Stan to receive a good education, and managed to enroll him on a partial scholarship at a private school in the same district where she taught. France could not provide designer clothes or extracurricular activities for Stan, and his wealthier classmates immediately

perceived him as different. His small stature and sickly appearance contributed to making him an easy target for ridicule and abuse. There were no kids his age in his neighborhood, so Stan spent his time after school alone at home, while his mother worked as a French tutor, often not getting home until 6-7 p.m. I grew up in front of my fathers stereos system,

listening to the radio and to the records he had left behind: jazz, classical and blues. His mother simply did not have the time to raise me.
From birth to age 8, Stan had moved from one continent to another, from a nice house to a battered womens shelter a couple of times, to a cheap apartment, then to a run-down town house. He had grown up in a family shattered by domestic violence. He had seen a plethora of doctors and hospitals, and remained frail. But these circumstances never weakened his spirit. His mother recalls one camping trip, when Stan was about 5, a fierce wind storm caught them in the process of putting up the tent. Claude was screaming and swearing, about to retreat to the car, while Stan continued to hold on to the tent. France feared the wind would sweep her skinny son away. Stan, rather than running from Claudes angry fit, told his father,

Come on, well make it, Dad, and Claude grew clam. Together, they erected
the tent. When Stan was about 6, he spent the night at a friends house. France heard a knock on the door around 11 p.m. Little Stan had snuck out of the house and walked home a over a mile in the rain. He had been awakened by his friends parents fighting, and saw the father screaming and holding his wifes neck in one hand and a gun in the other. Stan came to get France to call the police. He has always been very considerate to others, available with a helping

hand when required, his childhood friend Steibel recalls.

Dr. Lawrence Lesser, a retired pediatrician and a fellow of The American Academy of Pediatrics, knew Stan between the ages of 8 and 14. He says,

Nothing in Stans background can explain his crimes. I remember Stan as a kind

and caring young man. He never had any fascination with fire or for that matter any history of fire setting. He never maltreated animals. He was never violent or aggressive in anyway whatsoever. He was a brilliant student, and in short, a pleasure to be with. . . . [His] only rationale could probably be his desire to be accepted by this so called group of environmental activists.
ADOLESCENCE : Desperately seeking acceptance , and a dangerous liaison By early adolescence, Stan had become an avid reader to pass his hours alone, and embraced being an outcast, having long ago understood that I was

socially inept.
He had one friend for a while in 6th grade. Seventh grade was worse. He spent lunch breaks alone. Social interaction rarely occurred even on the playground, although sometimes the girls let me play tetherball with them for a

few rounds. How humiliating. Eighth grade started at a different private Catholic
school, still the token financial aid kid. No friends. As a freshman at a private college prep school, Stans work-study job was titled equipment manager, but he was the water boy for the football team. He did not play sports. As an awkward adolescent, shy, and physically small of

stature, I can only imagine the humiliation he endured, Dr. Lesser says. At age
15, he had no car, no girlfriend, and began skipping school and going home to watch TV or listen to records while France was at work. The summer between Stan's freshman and sophomore year in high school, he and his mother came to Eugene, Oregon, on vacation to visit France's younger sister and her family. They went camping on the coast and explored Opal Creek. Stan fell in love with Oregons outdoors. He asked to live at his aunt and uncles home, and they agreed, so long as he abided by their rules and improved his grades. Believing this change would be best for her son, France reluctantly said yes. Stan and his cousin Yvon were the same age but attended different high schools in Eugene. Yvon hung out after school with the

punk rock crowd, whose members were a mix of suburban kids who dressed in black and tried to mimic the largely anti-social misfits, ex-cons, skinheads, and junkies who were the hard core punk rockers. Stan integrates that scene with

limited success, mostly hanging on to my cousins coat-tails. He tried acid and

alcohol, listened to the music and practiced the lingo, trying to become part of this crowd, but it is obvious I am not a true punk, try as I might. I was

snubbed.
Linda Smart, a Special Education teacher who knew Stan from him attending high school with her children, says, Stan impressed me as a gentle

person. He was respectful and pleasant to spend time with. He expressed compassion and definite feelings about social conditions.
After failing with the punk rock crowd, and also failing to gain acceptance from the Dungeons and Dragons computer geeks, Stan tried to commit suicide by swallowing a bottle of Ibupropen: I figured Id cause some internal

hemorrhaging and be numb to it. He woke up the next morning with just a
stomach ache.

I had few friends of my own. The exceptions were a handful of acquaintances that I shared a table with in Japanese class, including Chelsea Gerlach. One of those friends, Paul Bradley, recalls, Stan cared about helping people and helping make the world a better place; he is someone I would trust to be one of the most honest and responsible I know.
After a weekend camping trip to the coast with these friends, Stan and Chelsea began their relationship. He started violating the curfew at his aunt and uncles home, and Chelsea became my confidant and my best friend. He quickly adopted Chelseas ways of thinking, and she denounced his family as bourgeois. His uncle, a college math professor, recalls that Once,

after she refused to leave our bourgeois house, I physically took Chelsea out of the house. Stan left our house a few days later and went to live with Chelsea at her mothers house. Stan was 16. I had always dreamed of falling in love. Stans dream-come-true soon
became the driving force in his life:

We

were

partners.

Not

just

boyfriend/girlfriend. None of this immature high school drama and flirtation. We were serious.

10

I surrendered all cares and ambitions. I was content to make love and scrape byall you need is love, right? But Chelsea already had a mission. Chelsea was already involved in Earth First. Stan and Chelsea moved together to a dirt-cheap apartment in the Blair neighborhood. Stan did odd jobs and took hand-outs from France. For food they relied on Catholic Community Services food boxes, as well as dumpster diving. Stan finished his last year of high school by attending night school, while Chelsea worked for OSPIRG.

I didnt work. I had no friends. I stayed at home, cooked, listened to the news and music, and read the environmentalist literature Chelsea brought home. I lived to make love to her every night. But Chelsea grew disenchanted with the
relationship. Stan graduated in June 1995, turned 18, and spent part of that summer in Arizona. While there, he spent about a week staying with his godfather, Rudy Steibel, an old friend of Claudes and equally-poor role model, who had a great impact on Stan at this impressionable age. That week, Rudy regaled Stan with tales of his adventurous life: Cast out on the streets at age 10. Employed as an extortionist, a pimp, and later as an officer in the O.S., the reactionary French colonialist movement that opposed French withdrawal from Algeria. Shot during a daring roof-top escape after a year of imprisonment. And endless nights of passion, one seduction after another. His tales made the life of an outcast seem both romantic and noble. Stan moved to Olympia to hang on to Chelsea in the fall of 1995, and enrolled in college, studying poetry and philosophy. But Chelsea was distant, and Stan was unmotivated in school. While Stan engaged in a single-minded effort to seduce women to sleep

with me, Chelsea associated with radical groups and William Rogers. She began espousing theft from merchants, attacks on government property, and any anti-capitalist activities as noble. She moved into a home of radical activists,
and Stan moved to Portland with some high school friends and did little. Apart from Chelsea, Stan remained unfocused and without direction. He went on tour with a punk rock band, but mostly traveled often to Olympia to stay with Chelsea. She and her roommates tolerated Stan staying for days at a time because he was quiet, ate my own food, and I was a good listener. I

11

absorbed everything they told me and was exposed to many tracts of anarchist philosophy and action,
including

how

to

cause

small-scale

economic

disruptions by acts of vandalism.

But Stan was not ready to become an activist, and in Chelseas eyes this made me just a part of the problem, rather than her solution. Finally, Stan took his first step, participating in a group shoplifting raid at a Seattle R.E.I. I

came away with a compass and headlamp and a side-bag, a heart beating with excitement, and a new-found respect and comraderie from those who before had only tolerated me.
Forget shoplifting! We had just committed a political blow to Corporate America. It was thrilling and I had started an affinity with a group of people, something I had not been able to do with the punk rockers or anyone else before. Stan started thinking of ways I could prove my worth once again. Relying on tips from the radical pamphlets, I bought spray paint. I was going to

paint Revolution Now! on a National Guard Armory building. But I chickened out after R. Foolish bravery is especially easy when in the company of others.
Stans interest in the movement remained the means to win acceptance by a peer groupwhat he had so desperately wanted for much of his liferather than true commitment to the cause. Stan drifted between Portland, and Olympia with Chelsea, and kept reading the radical literature, until the fall of 1996, age 19, when he went back to live with France in Arizona. His father asked Stan to take care of his house in Tucson for a few months while he was out of the state, trusting him to pay the bills, feed the animals, and make some needed repairs to the premises. Stan agreed, part of him still hoping to win his fathers approval. Despite Stans hard work, his father found fault, belittled his efforts, and accused Stan of stealing from him by putting too many miles on his car. That was Stans last contact with Claude. Stans expectation of deserving rejection for any conduct less than perfect, first learned from a cigarette burn as a child, would play a role in his allegiance to William Rogers and other older men in the movementmen who,

12

unlike Claude, offered Stan friendship. This belief continued beyond Stans tenure with the ELF. Dr. Zeigler, Stans chemistry professor at COCC, recalls that she asked Stan to house sit for her for a couple of weeks in the summer of 2004, and told him he could invite friends over. She returned to find the house spotless, and she called Stan to thank him. He immediately launched into an apology for an oil spot a friends car had left on her driveway, that Stan believed he had removed but which could resurface. If you choose to not want to have further contact

with me, I will understand and respect that, was the actual quote, Zeigler says. He expressed extreme relief that this was not going to harm our relationship. I have thought about that many times since it happened, and marveled at the level of responsibility and concern for protecting a friendship that his response conveyed. To think that he thought that I would so completely reject him over something as meaningless as an oil spot.
Stan remained in Arizona for about one year. He attended Maricopa Community College for a couple of quarters, taking mechanics and electrical courses. I had no friends. I had no one to discuss my new-found ideologies or

my doubts; my turning into a man. My godfather would only talk to me about sex. I would try to speak with France about my ideologies but she would just stare, smile andno jokeliterally fall asleep in front of me as I ranted.
Stan did not know how to escape the lessons of shame, rejection and lack of self-worth he learned in childhood: I didnt know how to relate, how to

approach people, not even family. France would comment, Such anger. Where does it come from?
STAN S EARLY 20s : Immature , idealistic , and vulnerable to becoming an Eco-Warrior Chelsea visited Stan in Arizona in the summer of 1997. Stan knew she remained involved in environmental sabotage: Monkey-wrenching, not arson. He still longed to be with her, which meant being part of her cause. He got his next opportunity when Chelsea called him to assist William Rogers (Avalon), whose truck had gotten stuck in the desert mud. Stan went to the rescue and pulled his truck out. Rogers gave Stan his Teal Blue Reader, named for the color of its cover; a collection of material

13

about the human experience of the great wilderness. Rogers book included a recommended list of published works by known authors, and Stan read every book on the list, including A Peoples History of the United States, by Howard Zinn; Walden by Ralph Waldo Emerson; A Desert Solitare, by Edward Abbey; and Elements of Refusal, by John Zerzan. That fall, Stan moved with Chelsea to a house in Eugene filled with environmental activists who were her friends. I was still the tag-along.

Uncommitted, unproven. Rogers stopped by and left his book, The Black Cat
Reader. Stan read its testimonials of sabotage to advance environmentalists goals, and directions for a kitchen-timer device to ignite fires. It also contained a list of published works for further study. Stan read all of those books too, including Eco-defense, a manual based on the research and experience of saboteurs including Joseph Dibee, Jonathan Paul, and Paul Watson. Stan read Eco-defense several times over. At the idealistic age of 20, I believed most of the rhetoric: The end is nearI could

feel it. The Earth needed me.

Stan and Chelsea re-united and moved to Livewood, a small community near Fall Creek, Oregon, in the spring of 1998. Stan made himself useful by gardening and refurbishing their cabin from the inside out, from drywall to siding and a new roof. Rogers came to visit in the fall of 1998; by then Stan was hopeful and

expectant to become an Eco-Warrior. Having spent more than a year

absorbing the literature, Stan, now a few months past his 21st birthday, had achieved the mindset needed to fight the corrupt union of corporate greed and government graft or indifference: public land being sold cheaply to big

business, and the resulting devastation of the wilderness.

I anticipated the excitement of slinking through the night and sabotaging helpless large yellow machines by pouring cement in their exhaust pipes, slashing hydraulic hoses. I did not imagine burning buildings.

But I was eager to join, to help. I also wanted to be part of a scene, to be accepted. And to be accepted as man enough for Chelsea Gerlach, who always treated me as though I was not made of the mettle demanded of a true Eco-Warrior. So Stan joined Rogers, Chelsea and others in the trip to Vail,

14

Colorado, and participated in the aborted arson attempts at the ski resort there, and at the Wild Horse Holding Facility in Wyoming, in October 1998. Rogers, assisted by Gerlach, eventually succeeded in setting fires at 8 structures at Vail, resulting in over $12 million in property damage, but no injuries. This happed after Stan and a few others, wet, cold and tired from their efforts to get buckets of fuel up the mountain, had given up and departed for Oregon. After their success, I was shamed not to have stayed and helped. . . I

was awed (by Rogers). It was an incredible feat. Stans all too familiar feelings
of shame, and fear of rejection by this older man of authority, Rogers, who had showed trust in Stan, pushed him to redouble his efforts for the cause, rather than to quit. I proved my commitment by being the most willing-to-do-

anything-for-the-cause guy.
Still, throughout Stans confederacy with this group, he remained the foot soldier, applying his analytical mind to the technical challenges of constructing crude timing devices and the logistics of carrying out the actions, but never alone selecting the targets, nor authoring the communiqus claiming credit. He was also among the youngest of those to be charged with these crimes.2 Stans next opportunity to prove himself after Vail came about seven months later at the Childers Meat Company in Eugene. This arson, in May of 1999, caused about $500,000 damage to the office building. This was an ALF action, so Stan assisted as a lookout; he did not participate in building or placing the incendiary devices. About seven months again passed before Stan participated in another arson, this one by the ELF, occurring in December 1999 at the Boise Cascade Office in Monmouth, Oregon. Stan was now 22. The entire building was consumed by flames and later declared a total loss, with an estimated $1 million in damages. Stan helped build and place the devices. No one was injured. After participating in a few actions, Stan accepted Rogers invitation to test and perfect timing devices used to start fire to the buckets of fuel, and to contribute to a new Reader that Rogers was writing, Setting Fires With Electrical Timers. Stan didnt invent any devices, but rather built them by

15

following circuit diagrams and written instructions supplied by Rogers and others.

I agreed to do this and was now at least on equal footing with Chelsea in the hierarchy of committed Eco-Warriors. Stan became the device guy. I always volunteered for it. I had the equipmentsoldering irons, small
Stan was not alone in constructing the incendiary devices used by the group, or in contributing to Rogers book. Rogers, Jake Ferguson and Darren Thurston had built and used time-delayed incendiary devices for years before Stan joined the group. Most of Meyerhoffs co-defendants helped build devices for various arsons.3 Stans participation in the movement fulfilled his life-long quest for acceptance: I was wanted and respected by a group, and I was receiving

screwdrivers, and the likeplus the technical knowledge of simple circuits.

guidance from a kindly father-figure, which earned me the love of the woman most dear to me.
For Stan it proved an irresistible alchemy for the next few years: the idealism of youth, albeit misguided, embraced the Eco-Warrior ideology; the emotional pay-offs of Chelseas love and belonging to the family satisfied all needs; and what Stan would grow to see clearly was a criminal lifestyle, appeared then as a true-life adventure story, filled with dramas rivaling his godfathers tales. About nine months after the Boise Cascade arson, Stan participated in the arson at the Eugene Police Departments West University Station, in September 2000, an action that resulted in minor damage, according to the press. Stan was 23. Although involved in committing crimes in the name of the movement for about three years, Stans life was more than that, and his to true shine character through. with continued Stan

Estranged from most of his family, remained in contact

16

France, visiting her throughout these years. While in Arizona in 1999, Stan did some odd jobs on a kitchen remodel for Ronald Kozoman, a CPA acquainted with France, who found Stan to be a young

person with a good attitude who was very smart and also very level-headed. I just cant picture him doing what he is accused of doing, unless it was for some totally misinformed ideal.
His cousin, Marinne de Vanssay, last saw Stan during the families Christmas holiday in Phoenix in 1999. She recalls: He was then still an adolescent in his ways of thinking, in search of a balance between himself and the rest of humanity. He didnt want a selfish life. He appeared to be looking for a way to serve others and the planet. Bonnie Loox, now a small business owner, met Stan in the fall of 2000 while she was attending Lane Community College. She credits Stan for being a

catalyst for enormous change in my life who encouraged me to go on in my studies, no matter what I was going through or how I began to doubt myself.
Loox recalls, I was not aware of what he was involved with at the time,

only that he had many secrets about his life that he was not willing to share. . . [ W]hat he did have to offer were words of encouragement and hope for the future, both his and mine. . . .He often expressed how tired he was of living his life as a ghost.
Stans next arson occurred about 4 months after the police substation action, at Superior Lumber Company in Douglas County, in January 2001. It was a small company with a single mill that provided employment for much of the Glendale community; not the usual ELF target of a national or multi-national corporation. These facts made Stan uneasy, and this act of destruction continued to haunt him. Superior Lumber caused the first crack in Stans solidarity with the movement. Sometime in 2001, Chelsea ended all romantic relations with Stan. With that, my motivation to act was gone, but I still had the rationale, and the only

connections to people I had. None knew me as well as the ELF folks. I turned to them and carried on.
The sentencing of Jeff Luers to over 20 years for setting fire to a few vehicles, shortly after the Romania car lot arson in March of 2001, stunned Stan

17

and others in his group: I had always seen our fires as a glorified vandalism. We

were harming property, not people. In the aftermath of Luers sentencing, Stan
could no longer ignore the potential consequences of his actions if he got caught. The magnitude of his crimes, compared to Luers, were already so great that Stan felt he had nothing to lose; he would never get out of prison, no matter how many more arsons he didor didnt--do. Amid these feelings of hopelessness, his emotional needs remained powerful so he stayed connected to his family, participating under Rogers direction less than two months later in the J efferson Poplar Farm arson. After that action, in Columbia County, in May of 2001, Stan participated in one last arson with this group, at the BLM Horse Corrals in Litchfield, California, on October 15, 2001. He also traveled to Arizona and Michigan to assist other ELFaffiliated individuals with one action in each state during the last half of 2001. Towards the time Meyerhoffs group disbanded in late 2001, there were one or two meetings where philosophical discussions occurred about whether escalating actions to violent crimes targeting people, rather than property, was necessary to fulfill the ELFs objectives: I know that was part of the normal

dialogue within the movement, Stan says, reflecting, I would have taken the wrong side. I was fairly vehement then.
Stan admits that he sided with several others who advocated violence

towards people, but never violence against any specific person. Their thinking
was, If economic sabotage doesnt work, then [maybe we should] go after

people, such as CEOs of big corporations that exploited the environment.

For all of Stans time in the movement, such philosophical talk remained nothing but talk. Indeed, as late as 2005, FBI Counterterrorism expert John E. Lewis told Congress that while there has been an escalation in violent rhetoric

and tactics beginning in 2002, 4 no deaths or injuries have resulted.

In practice, Stan took extensive precautions to avoid harm to people at any arson, making sure that no one was inside any targeted building, or at risk if the fire spread:

It was against our intentions to cause injury or death. If a residence was close enough to a target that there was a potential for the fire to spread, the target was scrapped.

18

They meticulously planned the arsons to ensure the safety of citizens lives and

property. These were anything but haphazard actions endangering lives.

According to the FBIs Counterterrorism expert, Despite the destructive

aspects of ALF and ELFs operations, their stated operational philosophy discourages acts that harm any animal, human or nonhuman. In general, the animal rights and environmental extremist movements have adhered to this mandate. 6
Ayelet Hines, an advocacy campaign manager in Washington, DC, first met Stan in the late 90s when she lived in Oregon. She says, The man he is

today is not the impressionable kid who was carried away by rhetoric. . . I apparently knew Stanislas during the time he committed some of his crimes. I can tell you firsthand that when young, smart, impassioned people who are frustrated by how slowly legal means of protest often take, the allure to take actions that are not in your nature is very strong. Violence is not in Stanislas nature.
ADULTHOOD: Exiting the ELF and finding his path to redemption What finally rescued Stan from drifting longer with his disintegrating ELF family, arsons, romantic Phillabaum. He first met her in 2000, and they had been friends before they fell in love. continuing was the to participate in of with a new Lacey start

relationship,

Although

we

were

both

involved with the ELF, our relationship was distinctly separate from it. I now had a life outside the ELF, and it was the best part of my life, the most meaningful.
With Lacey, Stan had found his new emotional anchor. The actions, the

movement, seemed less important.

Stan turned 24 in the summer of 2001. Then came the terrorist bombings of the World Trade Centers on 9/11. The mood of the country changed dramatically, and so, in the months afterwards, did Stans.

19

Reflecting on the stated motivations of the terrorists behind that attack, and the malcontent griping of the ELF, he came to realize how this country provided him with the opportunities and the freedom I had to be or do anything

I desired. How blind I had been. How arrogant.

I realized how wrong my guides and I had been about our own righteousness, that we were just as confused as everybody else, probably more so, and that simply maintaining order is one of civilizations great achievements. Stan, who had both dual citizenship and family in the United States and France, decided against leaving the States to escape the risk of arrest and imprisonment from his criminal past. He moved to Bend, Oregon, in early 2002, to be with Lacey who had been hired by a newspaper, and start a new life away

from the ELF. First, I went to work in a factory and held the job for 18 months before quitting, a record for me. I advanced quickly to become a line mechanic, operating the machinery and repairing them.
Lacey, whose parents are both attorneys, came from a different background than Stan, and was several years his senior. Their relationship was a

passionate love affair with frequent arguments, and within a year of

cohabitating they decided to live apart but remain romantically involved. The relationship remained intact, continuing even after Stans arrest in 2005. Melissa Bearns, a friend of and former co-worker of Laceys, says that

for the last few years Stan has been totally committed to her, the supportive, loving kind of boyfriend you want for all your friends. Meyerhoff and Phillabaum
became engaged in September 2006. In the winter of 2002, France came to visit in Bend. Stan had not seen her in two years, and she had been ill and looked very old, suddenly; and I felt

myself grow older. He worried that she would not be able to meet the physical
demands of work as a massage therapist much longer, and how would she be able to survive financially without his help. Laura Perin, who has known Stan and his mother since his childhood, says,

An only child, Stan shares an extraordinary bond with France. . . Flogging himself for the heartaches he has wrought, he worries so about this mother and knows that life is much, much harder for her with him in jail.

20

Stan also started thinking about marriage and having children with Lacey, another departure from his ELF indoctrination that overpopulation threatened the planet. His cousin, Yorick de Tassigny, works for the city of Ontario and serves as a volunteer firefighter. He recalls a visit from Stan not long after he had moved to Bend, and a discussion that continues to stand out the most in my mind is

the one having to do with his hopes of creating a family of his own. This came to me as a surprise as this notion involving procreation ran contrary to his prior convictions regarding the worldly state of affairs. I took this change in perspective as a strong indicator that Stanislas had begun an evolution process in his world outlook that was taking him to a brighter place.
Stan knew he had to do better than work at the factory to be able to help his mother and to start a family. He enrolled in community college in the fall of 2003, while working fulltime at Post-Up Fencing. At first uncertain of his untested academic abilities, Stan flourished in college, and applied for loans to attend fulltime by winter term of 2004. His calculus professor, Dr. Franz Helfenstein, says Stan often had the highest

scores on tests and assignments earning him his instructors admiration.

But Stans academic excellence was not the only reason for our admiration. There was genuine desire in him to make the world a better place. He often expressed this goal as his reason for attending college and working so hard. Logan Williams, a classmate of Stans at COCC, now working towards a bachelors degree in Mechanical Engineering, says, I harbored a sense of respect

for this man which I did not have towards most of my peers. He was not just getting by or pleasing his parents by going to school. He was a person who was committed to bettering himself.
Professor Zeigler recalls that while most students sold their textbooks after completing each course, to get needed money to buy books for new courses, she learned Stan had given his chemistry textbook to a student who

was worse off financially that he was. I only learned this when that student came to me and mentioned it over a year afterwards.

21

His academic advisor, Dr. Emerson, observes Stan made friends with

relative ease and helped other students. It is no surprise that a significant number of his classmates have contacted me to ask if there is anything they can do to be supportive of him after his arrest.
Stan earned three scholarships through the Science Department and the Central Oregon Community College Foundation He developed lasting relationships with his instructors. Dr. Karen Huck, who taught Stans public speaking class, saw Stan as a young man who took life very seriously, as

something real, not as something to be drifted through unthinkingly. I would like to give him what aid I can.
In Spring 2005, he was chosen Science Student of the Year. His physics professor, Dr. Emerson, wrote on Stans final project: You have nothing left to

prove to the world about your potential (yourself is a whole different question). Just go out there and be yourself and the world and science will become better because of you.
In the summer of 2005, Stan obtained a 3-month internship with Ida Tech, a hydrogen fuel cell development company. Earl Berry, who hired Stan, says He caught my attention as an individual interested in becoming an

engineer and working to improve our society. I received nothing but positive feedback on Stans performance and attitude.
Stan continued to grow into a man, finding new activities and friends of his own, independent of Lacey. He started river kayaking, where he met older adults who were well-educated professionals, and some became his friends. One of them, Dr. Michele Taylor, a well-known science writer, was

immediately impressed by his safety concerns for the group. As an experienced kayaker, he always volunteered to be first in line to take on the most difficult rapids in order to signal the dangerous spots to the rest of the group; to position himself to rescue anyone who might fall out when negotiating treacherous water.
Peter Lickwar, a 15-year veteran of the U.S. Fish and Wildlife Service, who knows Stan from over three years of kayaking Oregon rivers together, says, The

Stan I know is intelligent, dependable, curious, and generous. He is a worthy and

22

valuable man . . . who will do his best with his life to atone for his past mistakes. I hope you will give him the opportunity to redeem himself.
During 2005, Lacey landed a job in Virginia and left Bend, while Stan was still attending Central Oregon Community College. Stan had planned to transfer to Oregon State University, but decided to follow Lacey to Virginia after investigating and finding the University of Virginia had a top engineering school. In late May 2005, Stan wrote in an email to his friend, Bonnie Loox: I, like

you, also seek to be self-actualized, and so I will follow where my studies lead me, where my will leads. . . I followed Chelsea for so long, content with simplicity, and I stagnated and almost ended up in jail for life. Condemned, incarcerated white-trash and nothing contributed, nothing to show. So now Id like to achieve something.
In September 2005, Stan enrolled at Piedmont Virginia Community College in Charlottesville, Virginia, with the expectation of transferring to the University of Virginia once he had established residency. Lacey had already left Virginia for a job in Washington D.C., but Stan remained at Piedmont.

I wanted to do work that was meaningful, something that I can feel good about doing, something that gives me a sense of contributing to a better world.
Now, as he waits for judgment to be passed, Stan fears those dreams are

gone, but continues to strive for them.

Authorities arrested Stan at the entrance to Piedmont Community College on December 7, 2005, more than four years after his last arson. Stan was 28years-old, and a changed man. His transformation was neither swift nor easy: He had mastered the necessary degree of detachment from the woman he loved, to pursue other interests in lifeno small feat, given Stans history. Through hard labors at work and in college, he had forged his own vision of his future, freed at last from borrowed

dreams.
He had learned self-confidence

23

from his own labors, and this self-confidence replaced his long-felt need to gain acceptance from any peer group, at virtually any cost. And with these changes, the young boy who grew up feeling ever the outcast, found himself now a grown man, surrounded by family, friends and colleagues, whose faith in him remains unshaken by the disclosure of his secret past. DAYS OF RECKONING: Busted and branded a snitch , Trust [ing] in Justice . Advised by agents that he had been indicted for two arsons in Oregon, along with other individuals in a 16-count indictment, Stan immediately chose to cooperate, and confessed to those crimes and many more.

Finally the secret is out. It was so difficult to bear alone. I could not talk about it. Stan recalls, For several years I lived in fear of being caught. It made me think a lot. I had to re-evaluate my priorities. I could not take anything for granted anymore, as everything could be taken away from me. I could be arrested at anytime.
Ouve de Laage, Stans aunt in Eugene, who has learned about Stans secret past during visits at the jail, came to understand the depth and sincerity

of his rapid maturation. He lived for several years with the weight of his actions hanging as Damocles sword over his head.
Agents told Stan he faced life imprisonment for these charges something he had recognized years before, based on Luers sentencing--and that he was entitled to the assistance of counsel before deciding whether to speak with them. Unlike every other defendant in this case, Stan never asked for an attorney before deciding whether to cooperate. Lacey Phillabaum says, Stan cooperated with the authorities when he

was arrested because he was genuinely remorseful about his crimes. In January or March of 2004 I heard that Jake Ferguson had resolved a grand jury subpoena by meeting with the FBI. When I told Stan, he said he regretted the crimes and that he would cooperate in Jakes position.
When Stan began debriefing within two hours of his arrest, it was not out of fear. The Government accepted his help, agreeing only to give it consideration in arriving at a sentencing recommendation.

24

At that time, the Government had one cooperating witness: Jake Ferguson, a founding member of the group Meyerhoff later joined, who participated in at least 16 different arsons, starting with the Detroit and Oakridge Ranger stations in 1996, and continuing through the Jefferson Poplar fire in 2001. Fergusons involvement did not end voluntarily, but rather because he became a person of interest in the Romania arson, forced to disassociate to protect other members of the group from unwanted police attention. By his own admission, Ferguson built devices for arsons before Meyerhoff joined the group; he (not Meyerhoff) built the devices for the arson at Childers Meat Company after Stan got involved. Ferguson also continued to work to improve the design of timing devices, and worked with Rogers on his ultimate guide to incendiary devices. Ferguson elected to cooperate before any charges had been filed against him, while the target of a federal grand jury, but not immediately. He first got his attorney to broker a deal for immunity for all but one of his crimes: Ferguson had an agreement to plead guilty to that one count of arson in exchange for a Government recommendation of probation, before he started wearing a wire. The Governments recommendation for Meyerhoff, who cooperated immediately and was involved in fewer arsons and for fewer years than Ferguson, is 188 months of prison. The Government knew from the secret tape recordings of conversations between Ferguson, Meyerhoff, and other co-defendants, that Stan was the most likely of this group to cooperate, because of his changed beliefs:

We were having success, after success, after success. But then it startedfor me it started turning into simple malicious, like simple destruction. And I just felt like I was, Id become a hit man instead of becoming a, you know, warrior. It was, it was different. . . For me it changed, and all of a sudden everything started falling apart. . . . Im over it, man. [Meyerhoff, 7/18-19/05 recording transcript]. * * * * [H]es Mr. mainstream normal. He took like, physics and engineering courses. For like the last three or four years. . . [Hes] completely over it, dude. [Kevin Tubbs, 6/6/05 recording transcript].
The Government also knew from Fergusons recordings that Meyerhoffs cooperation would be feared by his former associates, and likely result in others

25

deciding to cooperate, which could lead to a resolution of the entire case that avoided the time and expense of a very lengthy trial:

Well, heres the deal. If anything ever does go wrong, like if someone decides theyre Christian. And they want to tell all. It will be a big domino. Thats the problem. Theres such a connection between people and parties, that, if anything ever did go wrong Ferguson: Right. McGowan: Frankly, the only way I think anything could go wrong, is someone decides they want to repent for their sins. [Daniel McGowan, 4/2/05 recording transcript].
McGowan: The Governments hunch about other defendants folding if Meyerhoffs cooperation could be secured proved correct, but a few things went wrong. With Fergusons and Meyerhoffs cooperation in hand, the FBI contacted Joseph Dibee. Dibee was one of the old guard, active in the ALF, who joined forces with Rogers to improve incendiary devices for arsons, and to recruit and train young people to conduct actions for both movements. Dibee provided the circuit diagrams for the new digital timing devices that Meyerhoff later built; he also helped finance actions, and led the group at its last arson, at the BLM horse corrals in Litchfield, CA, after Rogers had lost favor. The Government met with Dibee and his attorney about a week after Meyerhoffs arrest, told Dibee he was a target, and sought his cooperation. Dibee declined, and fled the country shortly afterwards. He remains a fugitive. Then on December 22, 2005, Rogers committed suicide in jail following his arrest in this case. With Dibee and Rogers gone, and with Fergusonby far the most prolific arsonist in the grouppromised probation, the Government turned to Meyerhoff, the device guy, as the stand-in for the lead defendant in this prosecution. His participation in the attempted arson at later, successful arsonprobably played no small part. Yet, according to Phillabaum, who attended all five of the Book Club meetings and participated in the University of Washington arson, In my Vailalthough considerably less than Gerlachs participation in the attempted arson and the

knowledge of the defendants, Stan was neither an ideological nor strategic leader.

26

Stan accepted the Governments offer to plead to 62 counts in exchange for its recommendation that he receive the Terrorism Enhancement and serve 188 months, thankful for winning the opportunity to fight the Governments recommendations in court, and he continued to cooperate whole-heartedly. His aunt, Anne de Laage, who works as a youth counselor in France, has seen the substance and depth of his mailings since he was arrested: no

resentment, no rebellion, to the contrary a great maturity, much humility and remorse. . . but [he] remains fearful as he perceives the political use that could be made of and around this case.
The Government has not been alone in vilifying Meyerhoff, portraying him as by far the worst and most violent of this bunch. During his trip from Virginia back to Eugene to be arraigned, Stan provided the FBI with a hand-written letter addressed to Your Honor. It described his past association with the ELF and ALF as being a member of a

thuggish gang of vandals whose methods bordered on terrorism. He briefly

explained how he had changed since he stopped of my own volition, recognizing how wrong his view of the world had been then. He expressed deep

regret and his intent to cooperate earnestly and completely with the
Governments investigation and prosecution of his own actions, and others responsible for these crimes. At his first court appearance in Eugene, Stan voiced many of these sentiments, and made a plea for forgiveness for himself and the others who had re-embraced America. Following his public apology, the environmental groups he had denounced began a vocal campaign across the Internet and through the news media to brand him a traitor, and clamored for retaliation. Some of his co-defendants slandered him to profess their innocence. And the snitch jacket attracted plenty of hostile attention from his fellow inmates, most of whom could care less about the environment, but sure do hate snitches. This may sound like self-pitiful complaints, but I have been cautioned by even the most mild of men who have spent time in prisons that it is critical to manufacture a shiv, or pointed or bladed weapon, to always have handy, even if only under ones mattress.

27

Innumerable

stories

have

been

published describing Meyerhoff

as

cooperating with the government, almost invariably in derogatory terms. In an August 2006 article in Rolling Stone, a Eugene attorney is quoted saying,

[w]ithin twenty-four hours, with no deal of any sort on the table, Stan was supposedly squealing like a pig.
In an article entitled Operation Backfire Backfires on the FBI, published in the May-June 2006 edition of the Earth First! Journal, Stan is again described as

squealing like a pig. The article then goes on to fault Meyerhoff because:
If Stan had kept his mouth shut, this would all probably have ended with one pyromaniac heroin addict trying to sell his story to the FBI for some more dope money. In a Register Guard article dated December 22, 2005, another local attorney is quoted as saying Meyerhoff felt tremendous pressure to shift blame

to others in order to save himself. And of course, Stanislas Meyerhoff has made
it into the data base of the controversial wesite, Whos a Rat.com. Not surprisingly, these inflammatory articles about Stans role in the case have generated threats of violence. If one Googles Stanislas Meyerhoff now, there will be about 600 hits. The search engine Google prioritizes its hits based upon relevance. The first, and most relevant Google hit for Stanislas Meyerhoff takes one to a website known as the Portland Independent Media

Center.
The Media Center posts a banner article titled: Pictures of informants in eco-witch hunt, showing Meyerhoff and Fergusons faces, with the caption: Probably safer in jail. The author of the article uses the pseudonym Snitches

get what? and urges readers to repost the article far and wide. In a later
posting, the author has changed his name to Snitches get stitches, reflecting the consensus of responses to his article. More in line with the Governments thinking is the far-right website,

Target of Opportunity, clocking about 44,000 site visitors to date, that features
Meyerhoffs photograph, as well as his co-defendants, and labels them Enemy

Targets and terrorists. Its home page advocates: These people present a serious threat to all Americans. Each of them should be considered a: TARGET OF OPPORTUNTY!

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The threats of violence against Meyerhoff have not been limited to rhetoric posted on the Internet. In pretrial detention for 16 months now, Stan has spent virtually every day being harassed, intimidated, threatened or assaulted because of the snitch jacket. One inmate threatened to track down his mother and kill her. Another stated that when he was released he would locate Stans girlfriend and rape her. One swastika-tattooed inmate threatened to throw Stan off the second tier balcony to the concrete floor below. Many others jeeringly taunt him with promises that he will be the victim of sexual assaults once in prison. He has been struck a few times, but so far avoided real injury. After being transferred from FDC Sheridan to the Lane County Jail in late 2006, where he was moved from one dorm to another in response to assaults and attempted assaults by inmates whod heard he was a snitch, Stan finally landed in the education program dorm. After a few weeks there, he confides, I

am OK here now because the guy who tried to kill me is gone and there are a few who seem to accept me more now.
The problem will be in federal prison where people challenge you in your cell at a given time and thats when they beat you up or kill you. . . . Pray I get low security. Stan has learned from his months at the federal detention center that inmates must fend for themselves. They painted the walls again today, he says, describing a day at Sheridan in early 2006. That means there was another

fight and there was blood shed. The worst--you cant help, or call the guard, or in anyway stop or theyll get you. You just have to ignore and stay away. He
has largely escaped injury during pre-trial detention because the facilities are much smaller and more restrictive on inmate movements than prisons, and closely monitored. He has not escaped injury by calling out to guards for help.

There are moments of great fear when he shares with me, how he has to watch constantly for his security, his life, night and day, the incredible level of violence and his vulnerability due to his status, says Stans aunt Ouve. My family and I are too, extremely worried.
The BOP considers arson a crime of violence, regardless of whether any injuries result, and treats it as a crime of great severity in determining an inmates security classification. Meyerhoff will enter the BOPs custody with a

29

staggering sixty-two arson convictions, based on strategic charging decisions made by the Government. If the Government further succeeds in convincing the Court to apply the Terrorism Enhancement, the BOP will consider Meyerhoffs then-official terrorist status in deciding his classification. Applying the enhancement will up his criminal history score to the highest level, as well; another factor relied on by the BOP to determine how dangerous an offender is and how secure a facility is needed to house him. Studies have shown the severity of prisoner sexual assault increases with the security level of the institution.7 One study estimated that men in a minimum security facility experience a 9 % victimization rate for sexual assault and a 2.8 % rate for assaults involving penetration. In maximum security facilities, these figures jump to a 23 % victimization rate for sexual assaults in general, and a 15 % rate of sexual assaults involving penetration.8 Whatever the numerical rates of assault at any prison, it is intuitive: higher security prisons house mostly violent, dangerous, recidivist criminals, serving longer sentences, some with little or nothing to lose by committing assaults. Lower security facilities house more first-time offenders, hoping to shorten their stay by earning good time, and more non-violent offenders or those who have proven to be low risk. Currently housed in the low-security, education dorm at the jail, My

situation is not such a nightmarish one of late, as I am no longer being constantly threatened with violence. The longer-term inmates are beginning to know me and have accepted me.
Its a lot like a band of chimpanzees, you have to make your place, be tolerated and then with luck, accepted. As the smallest chimp, I am learning how to behave in this society where physical domination is a constant contest underlying the large majority of these mens interactions. Some inmates are substantially more susceptible to abuse in prison than others due to personal characteristics. The BOP has identified certain factors that make an inmate at risk for victimization.9 Young, smooth skinned, firsttime inmates are the frequent targets of rape and other forms of sexual assault.10 Small, non-violent inmates from middle-class backgrounds, who lack

30

fighting experience, who are not street wise or gang affiliated, are likely targets. The prisoners most often victimized are slightly built with passive, softspoken personalities.11 Inmates whose cases are high profile, notorious, and that received extraordinary national media coverage are particularly susceptible to abuse.12 The more of these factors that apply, the more likely the victimization. Virtually all of these factors apply to Stan Meyerhoff. These factors, the studies that back them, and the brutal realities of life in prison,13 forebode a nightmarish existence that Stan has already glimpsed:

I know prison is supposed to be hard time, but for me the verbal abuse, threats of beatings, and promises of rape are omnipresent. I am not a large man, and I have no fighting skills. The culture of fear is constant, as is my state of enervated high alert. With few exceptions, my fellow inmates are committed to an anti-social and anti-government stance of crime as a lifestyle. I struggle against despair.
The Governments 188 month sentencing recommendation for Meyerhoff is grossly excessive for his role in this groups actions and his tenure in the extremist movement, when compared to its recommendations for some other co-defendants, and fails to fairly account for the value of his cooperation second only to Fergusons as the reason why no defendant ultimately elected to stand trial.14

I think that Stans choice to be labeled as a snitch (thus risking his life) may be proof he is willing to risk everything to have a normal human and American life, says Dr. Huck, one of his COCC professors. I also think that our society will not benefit from having this kind of person behind bars rather than working to help us out of our difficulties.
The Governments 188-month recommendation also fails to recognize an essential truth: that those who commit crimes out of a political agenda, not for personal gain, will always pose a danger to society unless their beliefs and

31

ideology change.15 According to what the Government has represented at earlier court proceedings, many co-defendants, for whom the Government is recommending much less time in prison, still hold the beliefs and ideology that motivated their crimes.16 After months in detention, experiencing the convict culture in that highlycontrolled and relatively safe environment, Stan wrote from Sheridan: I want no part of this criminal class. I am not proud of my past. I hope my choice, in 2001, to evolve past this criminal mindset and place my faith in the established institutions of democracy, will be vindicated. A new mantra of mine is Trust in Justice. Given the Governments recommendations, the defense must fight hard for justice at Stans sentencing hearing, and asks this Courts indulgence to hear further evidence and arguments, that build on the foundation laid by this memorandum, at that time.

THE ROAD TO REDEMPTION: A prayer for a sentence that helps make the world a be t t er place . Extraordinary remorse and self-reformation; years of pre-arrest rehabilitiation, and of hard work towards a career that promised a tangible way for him to repay society the moral debt incurred by his crimes. That is what makes Stanislas Meyerhoff unique not only among his co-defendants, but from the vast majority of defendants who have stood before this Court throughout the years.

Stan is tormented by not being able to continue with his science and engineering education, due to his lack of access to the required science labs,
says John Givot, a former roommate of Stans in Bend, now a graduate student at the U of O, who has remained friends throughout this ordeal. He believes a

career in engineering is the way he can repay his debt to society.

Meyerhoff is far from alone in believing he would make meaningful contributions to benefit society if he could complete the higher education needed to enter the neurotechnology field. His professors from COCC all attest that, if given the chance, Stan would succeed. The collective support they have

32

continued to give him and his educational efforts, post-arrest, has been nothing short of astounding, particularly considering the notoriety of this so-called terrorism case with its potential to tarnish the reputations of those allied with the defense. With their decades of teaching experience, and nothing to gain by speaking out publicly on Stans behalf, these educators should qualify as the Courts experts at gauging his true potential. Hear just a little of what a few have to say:

Stan was smart, humble, intense, unassuming, and at times baffling in his profundity. He seemed to be just learning that he was capable of anything he was inclined to do. Our faculty named him the Science Student of the Year the spring before he left for Virginia. . . [I]t is the highest symbolic honor our department can place on a student. He has incredible potential. Dr. Carol
Higginbotham, Associate Professor of Chemistry.

In my 30 years of teaching, Mr. Stan Meyerhoff is in the top 1 % of all the students I have had. . . I feel that Stan Meyerhoff has much to offer the world. Thomas M. Carroll, Professor of Economics. I have been a college instructor for nearly 20 years and I can say that Stan was one of the brightest students I have ever had. He had the work ethic, motivation and the curiosity to learn that really set him apart from his peers. . . I believe Stan wants to make the world a better place. Dr. Charlie Naffziger,
Chair of the Math Department.

I see now exactly why he wanted to get his education in the first place. He wanted to be able to make a constructive contribution to society and he understands that this is really the best approach. Dr. Zielger, Assistant
Professor of Chemistry, with over 10 years of experience as a research chemist in the private and public sectors. Dr. Zielgers belief in Stans potential to accomplish great things for humanity has led her to contribute countless hours of her own time as an intermediary to assist him in arranging to take his final exams from Piedmont College, in finding universities with correspondence courses so that he can at least obtain his Associates degree, and in getting his course workhand-written in pencil from jailtransmitted to the universities in proper form.

33

Even when he has no guarantee that his efforts will pay off, Stan has continued to complete course work that will help progress him towards his goal of completing this first degree, Ziegler says. Students faced with far fewer obstacles that Stan has in his current situation have quit. Students anticipating far larger payoffs than Stan could dare to hope for in his current situation have not even attempted what he is achieving.
Kevin Desrosiers met Stan as an intern at IdaTech, where Desrosiers works in the fuel cell R&D lab, and knows of Stans interest in medicine and biotechnology, and his efforts to continue his education while incarcerated, against all odds: I think many people in his position would sit back and simply let

time pass. . . . I cant think of a better indication of his character than what is evidence by his continuous pursuit of an education.
I believe that Stans educational ambition not only shows that he has a lot to offer society, but that he has the willingness and ability to do so. In addition to completing undergraduate courses, Stan reads texts on brain chemistry research, related to his interests in bio-devices and neurotechnology. I have remained in contact with my chemistry, organic

chemistry, and physics professors from Central Oregon Community College. They send me articles in an effort to continue my advanced education. He studies
philosophy and religion through books sent by family, bible study at the jail, and correspondence with a theologian. Stans quest for knowledge has never been self-centered. In the dorm he

and another inmate have formed classes and teach English to the Hispanic inmates and Spanish to the English speakers, says Annie Monroe, a Lane
Community College instructor who works with the jails education program. In

addition, he has tutored several inmates in basic computer skills. His helpful and respectful attitude has contributed greatly to our education program.
But Stan, as well as his professors, friends, and family, fear that anything close to the 15+ year sentence the Government is seeking will destroy his ability to reach his goal of making meaningful contributions in the field of science. University-level correspondence courses are expensive, and none provide access to the labs and equipment necessary to conduct experiments and learn the skills required to work in the field. Obtaining a Bachelors degree in science

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seems impossible until long after he gets released: He has no assets and will need to work fulltime to make restitution payments and support himself; at best, he may be able to attend college part-time, during off-work hours. He turns 30 this June; with good time and credit for time already served, the Governments sentence would result in release when he is about 42-years-old. The rigors of spending a decade or more in prison for this soft-spoken man of small stature, widely known as a snitch, present even greater obstacles to his ability to eventually reach his goal.

I know that I put myself here by my own actions, and my past conduct merits serving time. I want to accept my punishment without complaint, but I have many fears and regrets. I fear that my enthusiasm, hope, and will, let alone my relationships with respectable friends, may not survive the challenges of 15 years imprisonment. I fear losing perspective completely and becoming institutionalized and without ambition. I fear being raped.
The stress of incarceration will take an inevitable toll on Stans brilliant mind. Over a decade of research in the effects of chronic stress on the brains structure and functioning establishes that prolonged exposure to stress-induced chemicals damage and destroy brain cells. Much of that cellular damage happens in the hippocampus, a region thats vital to learning and making new memories, and processing information.17 Already, the constant stress from spending nearly 16 months in detention has taken a toll on his brains processing speed: Recent IQ tests showed a Processing Speed Index score at only the 77 th percentilemuch lower than his Full Scale IQ at the 99.7 th percentileattributed to his current levels of depression and anxiety. His college grades based on exams taken and course work done while incarcerated also have dropped below his 4.0, pre-arrest standard, but not from lack of dedication to his studies or efforts to perform at his peak. If Stans fears of rape become a reality, the damage is also welldocumented: Victims of prison rape suffer severe physical and psychological

effects that hinder their ability to integrate into their communities and maintain stable employment upon release from prison. The high incidence of sexual assault within prisons involves actual and potential violations of the United

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States Constitution, says the Chairman of the National Prison Rape Elimination
Commission.18 This Court can mitigate both the inevitable and the potential damage of a prison sentence on Stanislas Meyerhoffs ability to complete his education and go on to make meaningful contributions that will improve peoples lives, by imposing no more than the mandatory minimum 5-year prison sentence, followed by a full term of supervised release. Ample legal authority supports the Court taking such action. There are other punitive sanctions available to the Court, without the attendant risks of prison, should the Court believe 5 years imprisonment is insufficient punishment: Additional incarceration of a year or more in a community corrections centerthat would still allow Meyerhoff to work fulltime, pay restitution, and attend school--could be ordered as a condition of supervised release; or additional incarceration in home detention for up to the entire term of supervised release; and up to 400 hours of community service. Mr. Meyerhoff would gratefully accept without objection any form or length of punitive sanction the Court deems appropriate to impose as an alternative to him serving more time in prison. In deciding what is just punishment for his crimes, the Court must weigh in the mandatory criminal penalty of restitution, which is over $18 million in Stans case. That astronomical figure combined with the Courts ability to order nominal payments do not render this penalty illusory. Upon exiting prison as a convicted felon with no assets, and without a bachelors degree, Meyerhoffs earning capacity will be minimal. Nevertheless, pursuant to the Mandatory Victims Restitution Act, the Court is not allowed to consider these points and must impose full restitution.19 Stan almost certainly will never pay the restitution judgment in full, even though a degree and work as a professional would greatly increase the amount he can pay. Restitution is not dischargeable in bankruptcy; it will follow him forever. As a consequence, Stan will have the worst credit imaginable for the rest of his life. The restitution judgment will appear, pursuant to the Fair Credit Reporting Act, on all credit reports. Credit reports are an integral part of life in the United

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States. They are utilized not only by prospective creditors, but also by hospitals, employers, landlords and insurers. Consequently, Stan will never be able to enjoy the simple comfort of owning his own home. He may have difficulty even renting a residence. He will never be able to obtain employment that requires a license or a bond. He will always have to pay for automobile insurance at the same rate as a convicted drunk driver. Health and life insurance rates will be similarly affected. He may experience difficulty achieving something as simple as obtaining a cell phone.20 Turning to the legal authority for the sentence proposed by the defense, Mr. Meyerhoffs advisory guideline range runs the gamut from 70-87 months, if the PSRs method of calculation is used without application of any of the contested enhancements or reduction for substantial assistance; to 78-97 months, if the parties method of calculation is used, without any enhancements or 5K1.1 reduction; to 108-135 months, if the parties calculations are used plus the 3-level role enhancement sought by the Government, without any 5K1.1 reduction; to 188-235 months if the Court follows all of the Governments recommendations. The case law recognizes downward departures from the advisory guideline range are appropriate for extraordinary remorse;21 for extraordinary presentence rehabilitation;22 for extraordinary acceptance of responsibility;23 for the harshness of conditions of confinement for inmates whose status requires isolation in protective custody;24 and for great vulnerability to abuse in prison.25 All of those factors exist to an exceptional degree in Mr. Meyerhoffs case.26 Analyzed under the 18 U.S.C. 3553 factors, the 5-year prison sentence recommended by the defense is sufficient, but not greater than necessary, to serve the competing purposes of sentencing that this Court must balance: His crimes were numerous and serious, but a longer prison sentence will not deter others committed to the ELF/ALF ideology from future crimes;27 prison is completely unnecessary to protect the public from Stan committing further crimes; and prison will deprive him of needed educational and vocational training as well as disrupt the great progress he has made in those endeavors;28 and delay and damage his ability to make restitution to the victims.29

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Stan accepts that this prosecution will result in his imprisonment. He recognizes it is the first, and most immediate, way he must begin to repay his debt. It is not the road he chose to redemption, but he holds tight to the hope that prison will be but a necessary detour along the way; not so long and arduous as to derail his ability to live a meaningful life that repays his moral debt in full. All of those who know Stan steadfastly believe that, if given the chance by this Court, Stan will stay the course he has chosen till its end: to make our world a better place. Dr. George Addair, who knows Stan and his family from Arizona, and who has been a minister and counselor for over 55 years, concludes, I think an act

of mercy on his behalf will reward us all for acting on the opportunity. If I had the slightest doubt that Stan was not worthy of this action, I would not risk my reputation nor would I wish to become allied with him.
With the Government seeking more than 15 years imprisonment, the value of Stan Meyerhoffs life is quite literally in the Courts hands. Mr. Meyerhoff, his family and friends, his professors and defense counsel, place their trust in this Court to temper justice with mercy. Laura Perin, the long-time friend of Stans mother who has known him since childhood, sums it up best: All of us who love Stan Meyerhoff are grateful

for your efforts in assimilating a picture of his soul and inner beauty and are praying for a compassionate sentence. 30

Respectfully submitted this 4 th day of May, 2007. ./S/ Terri Wood, OSB 88332 Attorney for Stanislas Meyerhoff ./S/ Richard Fredericks, OSB 83203 Attorney for Stanislas Meyerhoff

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ENDNOTES Letters addressed to the Court from all of the individuals quoted in this memorandum, and many more, are submitted under separate cover to the Court, opposing counsel, and US Probation.
1

According to the press, at the time of their arrests, Stan was among the youngest (28), as was Gerlach, Suzanne Savoie, and Joyanna Zacher. Only Nathan Block was younger (25). The rest of the group was older, particularly Tubbs (37), Thurston (34), Dibee (38), J. Paul (40), and Rogers (40 when deceased).
2

Meyerhoff may well have built more of the timing devices than any of his codefendants. That, however, is not the measure of greatest culpability. The point is that Meyerhoffs ability to build the devices was not unique, such that the group could not have committed arsons without his assistance.
3

Lewis told Congress in a statement issued May 18, 2004, that Beginning in 2002, however, this operational philosophy [which discourages acts that harm any animal, human and non-human] has been overshadowed by an escalation in violent rhetoric and tactics, particularly within the animal rights movement. The complete statement is available at www.fbi.gov/congress/congress04/lewis051804.htm.
4

Congressional testimony of John E. Lewis, Deputy Assistant Director, Counterterrorism Division, FBI, before the Senate, available at www.fbi.gov/congress/congress05/lewis051805.htm.
5 6 7

Lewiss testimony in 2004, supra, note 4.

See, e.g., S. Donaldson, Rape of Incarcerated Americans: A Preliminary Statistical Look (7 th Ed. July 1995). See: C. Struckman-Johnson, Sexual Coercion Reported by Men and Women in Prison, 33 Journal of Sex Research 1 (1996).
8

Program Statement, Federal Bureau of Prisons, Dept. of Justice, Sexually Abusive Behavior Prevention and Intervention Program, P5342.06 (4/27/05).
9

42 U.S.C. 15601(4); Farmer v. Brennan, 114 S.Ct. 1970-1987 (1994 ) (Blackman, J., concurring).
10

See, e.g., United States v. Parrish, 308 F.3d 1025, 1031 (9 th Cir. 2002). Butler v. Dowd, 979 F. 2d 661, 667 (8 th Cir. 1992).
11

Koon v. Unites States, 116 S.Ct. 2035 (1996); BOP, Sexually Abusive Behavior Prevention and Intervention Program, P5324.06 , p.7 (2005).
12

Serious assaults and homosexual rapes are a shameful reality in United States prisons. In September 2003, President Bush signed the first federal law designed to confront the problem, the Rape Elimination Act, which applies to both state and federal facilities.
13

The Act created the National Prison Rape Elimination Commission to study and report on the problem, but as of May 2005, the Commission reported that

39

progress had been slow, and statistics were still being gathered. A check on May 1, 2007, of the Commissions website, www.nprec.us, shows the Commission continues to study the problem, and has not yet issued a comprehensive report. According to other sources, conservative estimates place the number of prison rapes of male inmates at 300,000 per year, nationwide. This contrasts with an estimated 135,000 sexual assaults of women outside prison annually. It is widely conceded that inmate assaults are under-reported and that sexual assaults are reported even less frequently. Few if any inmates could be expected to come to the aid of a known snitch inmate, more likely to view the assault as well-deserved. Even if Meyerhoff is viewed as more culpable based on the number of arsons he committed, which are indeed many more than the majority of his codefendants, the Government has valued his substantial assistance as worthy of not more than a 12-level reductionthe same amount or less than the substantial assistance reductions it has agreed to recommend for the noncooperating co-defendants.
14

The Government has agreed to recommend between 12 and 17 levels off for those co-defendants, based simply on the value of their guilty pleas in resolving the case without a trial. It is clear that those defendants provided no information of value in the prosecution of others, and will serve their time without the dangers of a snitch jacket. The Government has also agreed to recommend substantial assistance reductions ranging from 14 to 17 levels for the other cooperating defendants, with the exception of Tubbs, who like Meyerhoff, has a reduction capped at 12 levels. See, e.g., statement of the lead prosecutor after the first conviction at a U.S. war crimes trial since World War II, when David Hicks was sentenced to 9 months in prison after pleading guilty to supporting terrorism by aiding al-Qaeda during the U.S. led invasion of Afghanistan: Today in this courtroom we are on the front line of the war on terrorism, face to face with the enemy. [Hicks] will always be a threat unless he changes his beliefs and his ideology. [Agreement cuts sentence down, The Register Guard, p. A7 (3/31/07) ].
15

The Government has made this claim of continued support of the ELF/ALF ideology at the detention hearings of Gerlach, Tubbs, McGowan, Zacher and Block. It has also spoken of Darren Thurston, an old guard ALF activist from Canada, possessing firearms and fake identification along with Gerlach at the time of his arrest.
16

The defense offers the Governments assertions against these codefendants to illustrate the illogic of its sentencing recommendation for Meyerhoff, taking no position here on the accuracy of the Governments assertions. The so-called non-cooperating defendantsMcGowan, Zacher, Block, and Paulappear to have structured their plea agreements to comport with the ELF/ALF ideology that, if caught, Your arrest and, perhaps, imprisonment, mark the last, greatest test: to preserve your integrity even as you lose your

40

freedom. Be a source of inspiration to ELF members who are free. [Burned, Thomas Francis, The Seattle Times (2/8/06)]. This is simply an observation, not a fact known by the undersigned counsel. See, e.g., The Heavy Cost Of Chronic Stress, E. Goode, The New York Times 2002; Dr. Bruce McEwen, Allostatis and Allostatic Load: Implications for Neuropsychopharmacology, Neuropsychopharmacology, vol. 22, no. 2 (2000), both available on-line via Google Scholar.
17 18 19

Remarks of the Chairman of NPREC, available at www.nprec.us.

18 U.S.C. 3664(f)(1) (B) provides that the court can order nominal payments on restitution based upon a finding of poor economic circumstances. 18 U.S.C. 3612(f)(3) provides the court may waive interest from accruing on a restitution balance upon a determination that an individual does not have an ability to pay. Both of those provisions should be invoked in this case. The defense intends to submit an opinion letter from an expert on debtor/creditor law at, or shortly before sentencing, which will expound upon the real life ramifications of the restitution judgment; a brief consultation with the expert serves as the basis for the information stated in this memorandum.
20

United States v. Wallace, 458 F.3d 606, 613 (7 th Cir. 2006)(extraordinary remorse based on defendant confessing his guilt immediately when confronted by his employer, and seeking professional help); United States v. Crawford, 407 F.3d 1174, 1182 (11 th Cir. 2005)(recognizing the district court was permitted to apply a departure for extraordinary remorse); United States v. Fagan, 162 F.3d 1280, 1284-85 (10th Cir. 1998)(because guidelines do not expressly forbid the departure, under rationale of Koon, court may downward depart where defendant showed great remorse to an exceptional degree even though he already received adjustment for acceptance of responsibility).
21

See, e.g., United States v. Green, 152 F.3d 1202, 1206 (9th Cir. 1998) (postoffense and post-sentencing rehabilitative efforts--here, exemplary conduct in prison--may be basis for downward departure; in manufacturing 4,000 marijuana plant case, no abuse to depart downward 11 levels and re-sentence defendant to 30 days); United States v. Parella, 273 F.Supp.2d 161 (D. Mass. 2003)(where defendant convicted of being getaway driver in three bank robberies, court departs from 30-37 months to probation because defendant totally changed his life and his behavior and treatment was successful; a rehabilitated defendant is not likely to be a recidivist); United States v. Blake, 89 F.Supp.2d 328 (E.D.N.Y. 2000)(in bank robbery, departure from level 29 to level 8 and probation proper in part because incarcerating defendant would reverse the progress she has made and considering the decreasing opportunities for rehabilitation in federal prisons resulting from ever-increasing prison populations); United States v. Griffiths, 954 F.Supp. 738 (D.Vt. 1997)(13-level downward departure granted on basis of defendants extraordinary rehabilitative efforts after he overcame drug use, left his former lifestyle entirely behind him, and became involved in program for children; this progress would be utterly frustrated if defendant were incarcerated).
22 23

The defense submits this ground is applicable if the Government declines to

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move for a substantial assistance reduction based on the advisory guideline level being below 188 months without a 5K1.1 reduction. See, e.g., United States v. Brown, 985 F.2d 478, 482-83 (9th Cir. 1993)(under 5K2.0, in light of defendant's confession, court can depart downward from the range if it determines that the two point reduction did not adequately reflect acceptance). Alternatively, this ground may be applicable even with a 5K1.1 departure, based on Meyerhoffs voluntary efforts to repay his debt to society through contributions in the field of neurotechnology. Cf., United States v. Miller, 991 F.2d 552 (9th Cir. 1993)(voluntary restitution exhibiting extraordinary acceptance of responsibility can justify downward departure). Protective custody is where Meyerhoff is most likely to end up, given the snitch jacket, if he is housed in other than a low-security institution. See, McClary v. Kelly, 4 F.Supp.2d. 195, 207 (W.D.N.Y. 1998)(a conclusion however, that prolonged isolation from social and environmental stimulation increases the risk of developing mental illness does not strike this court as rocket science. Social science and clinical literature have consistently reported that when human beings are subjected to social isolation and reduced environmental stimulation, they may deteriorate mentally and in some cases develop psychiatric disturbances); See also, " The Eighth Amendment and Psychological Implications of Solitary Confinement, 21 Law and Psychology Review, Spring 1997, p. 271; " Solitary Confinement, Legal and Psychological Considerations," 15 New England Journal on Criminal and Civil Confinement, 301, Summer 1989).
24 25 26

See cases cited at n.11, supra.

If the Court imposes the Terrorism Enhancement, it may appropriately depart downward on his criminal history level to Category I, based on Meyerhoffs firstoffender status and non-existent risk of recidivism. U.S.S.G. 4A1.3(b); see, e.g., United States v. Reyes, 8 F.3d 1379 (9th Cir. 1993)(court upholds downward departure210 months to 33 monthsfrom career offender guidelines, in both offense level and criminal category, where defendant was a comparatively minor offender with 6 minor drug and theft priors, but remands for court to state reason for extent of departure); United States v. Lawrence, 916 F.2d 553, 554 (9th Cir. 1990) (even though defendant is career offender because of two drug convictions, low risk of recidivism justifies downward departure). See, Seattle Times article, supra n.16, The judge wanted to make an example of Luers. Instead he made a hero of him. Instantly, Luers became a symbol of sacrifice, and his treatment confirmed to his compatriots their worst suspicions about the inequities of American justice. In this case, McGowan is on tape with Ferguson talking about putting the word out for people to do actions and dedicate them to Luers. (See pages CW 01842-43 of discovery). ELF/ALF arsons continue nationwide to this day. See, e.g., article from the AntiDefamation League website, www.adl.org/learn/ext_us/Ecoterrorism.asp?LEARN_Cat=Extremism&LEARN_Su bCat=Extremism_in_America&xpicked=4&item=eco
27 28

United States v. Pallowick, 364 F.Supp.2d 923 (E.D. Wisc. 2005)(concluding

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that sending defendant to prison for a lengthy period of time would not aid in his rehabilitation and might actually hinder the progress he made); see 18 U.S.C. 3553(a)(2) (D); United States v. Rosado, 254 F.Supp.2d 316, 321 (S.D.N.Y.2003)( Since rehabilitation may not be a basis for incarceration but must be considered as a basis for sentencing, Congress must have anticipated that sentencing judges would use their authority, in appropriate cases, to reduce a defendant's sentence to permit him to continue his rehabilitation in the most effective manner.).

United States v. Menyweather, 431 F.3d 692, 702 (9 th Cir. 2005)(in case of embezzlement of $500,000, after Booker, no abuse for court to depart downward by 8 levels to probation in part because a sentence of probation may have made Defendant better able to provide restitution to the victims of her crime, see 18 U.S.C. 3553(a)(7).).
29

Compassion is also a component of justice, United States v. Kloda, 133 F.Supp.2d 345, 383 (S.D.N.Y. 2001).
30

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