Good stuff. A judge that understands the fact that the guilty targeted the folks providing a legal service to the public & that the Crime deserves punishment with a eye on using the sentencing as a deterrent to future intimidation tactics by ARA nut cases.The Deseret News piece at:
http://www.deseretnews.com/user/comments...-raid-case.htmlThe SL Tribune piece at:
http://www.tribtowns.com/comments/read_comments.asp?ref=13774132&sec=News#.Please advocate for the maximum allowable sentence.
--------------------------------------------------------
Deseret News (SLC)
Judge wants to send message in mink-raid case
By Emiley Morgan
Published: Thursday, Nov. 12, 2009 6:37 p.m. MST
http://www.deseretnews.com/article/705344027/Judge-to-send-message-in-mink-case.htmlWhen attorneys walked into a courtroom Thursday for the hearing of a
man who raided a South Jordan mink farm, they were expecting a
sentence of six months, tops.
The defense wanted six months with credit for the four-and-a-half
months already served. They wanted their 23-year-old client back in
school by January. Prosecutors asked for six months, as well. But U.S.
District Judge Dee Benson said he's inclined to sentence the man to
more than two years.
"Given what I know, there was way too much threat and terror," Benson
said. "I can't be as lenient as six months. I'm inclined to go … to
two years, maybe more.
This sentence has got to be a deterrent, a
message sent to other people."William James Viehl pleaded guilty to one charge of damaging and
interfering with animal enterprises in September in a raid of the
McMullin mink farm in South Jordan. He was initially indicted with
Alex Hall, 21, on two counts, as prosecutors allege that the men
carried out the South Jordan raid and attempted another in Heber City.
Investigators believe the pair released as many as 650 mink in the
raid and also vandalized a number of buildings on the property with
phrases such as "No More Mink, No More Murder" and "ALF: We Are
Watching." Images of this vandalism and other threatening statements
posted on Viehl's MySpace page were used by prosecutors to demonstrate
that Viehl's crime was more serious than a simple property-related
offense.
"The crime that was committed was not random, it was targeted," said
prosecutor John Huber.
"The crime itself was designed to intimidate
and inspire fear in the victims."
This was evident as Lindsey McMullin, a third-generation mink farmer
who runs the family farm, explained the impact the incident has had on
his family. At times, he took long pauses to control his emotions as
he told the judge about the emotional "roller coaster" this has been
for his family as they went from feeling violated to feeling empty to
feeling anger. He said one of his sons often can't sleep at night
because he's afraid there's someone on their land. His daughter often
needs to be comforted, he said.
"Mr. Viehl, I hope down the road, when you have a family, that you
never have to sit and explain to your daughter as she asks, 'Are they
really going to watch us?' 'Where are they?,' " McMullin said.
McMullin spoke of the 50 mink that died as a result of the raid,
calling them the "unheard victims" in the case who died in a "cruel,
thoughtless manner."
Viehl apologized to the McMullin family in court and assured them that
they won't have to worry about him threatening them again.
"I understand how these things can be scary to a family, and I would
never want my future family to go through that," he said.
Defense attorney Heather Harris said her client was "extremely imbibed
by the ideology of the Animal Liberation Front," an animal-rights
group that took credit for the raid and that Viehl had been
corresponding with, even after he was incarcerated. She said he didn't
realize the seriousness of his crime, but has since had a "change of
attitude." She said he has been in communication with his mother,
creating new goals, and has already found employment for when he is
released.
But Benson said that this act was one of terrorism, and it affected
not just one family, but an entire industry.
"I'm not unaware of the bigger picture here," the judge said. "It
seems to me that these people, engaged in a lawful enterprise, are
being terrorized. The sentence should not only reflect the seriousness
of the offense, but also promote respect for the law and serve as an
adequate deterrence to criminal conduct."Benson also said he's inclined to order Viehl to pay the full $66,753
restitution, and the judge set a new sentencing hearing for Dec. 11.
The maximum prison sentence on a charge of damaging and interfering
with animal enterprises is up to five years in prison, a $250,000 fine
and up to three years of supervised release.
Viehl had several supporters in the courtroom Thursday, one of whom
burst into tears when she heard Benson's opinions. She and others
expressed anger and frustration at Benson's decision.
Peter Young, who is associated with a number of area animal-rights
groups, said he was sent to prison for two years in Wisconsin for his
role in six mink raids. He said he didn't agree with the severity of
the potential sentence, as Viehl would potentially get two years for
one raid. He said Benson misinterpreted Viehl's motivation by stating
that he meant to inflict terror.
"He was motivated by compassion for animals and that is the message
that was lost today," Young said.
As for McMullin, he said his family was "very pleased" with the
judge's statements.
"We have total confidence in Judge Benson, the prosecution and the
judiciary … to ensure that the proper judgment will be measured out
here to bring the message that acts of terrorism against law-abiding
people, in our country cannot be condoned," McMullin said.
And, ultimately, he said, he'd like to see Viehl serve his time and
then move on and become a productive citizen.
Hall faces the same charges and is scheduled to stand trial Dec. 7.
COMMENTS:
He is a political prisoner | 7:11 p.m. Nov. 12, 2009
"Viehl had several supporters in the courtroom Thursday, one of whom
burst into tears when she heard Benson's opinions. She and others
expressed anger and frustration at Benson's decision."
She understands all to well that this voter is doing what those who
voted for his kind want him to do and persecutes political prisoners
like Viehl that stand up to the regimes who wrote these kinds of laws.
His decision is no different than those of Judges that sentenced
abolitionists and civil rights protesters for breaking immoral laws.
She is right to express anger and frustration because voting has
gotten them nowhere and the crimes of the McMullins aren't being
punished because voters like the McMullins make their actions legal
and the actions of those who stand up to them illegal. Those who
disagree with them are then arrested for political opposition to their
evil and immoral votes and they are prosecuted and sent to prison for
not bowing down to these voters which makes Viehl and those like him
political prisoners just like our forefathers who stood up to British
voters and broke the laws passed by their ELECTED PARLIAMENT.
xvx | 7:13 p.m. Nov. 12, 2009
This Drives me Wild. (McMullin spoke of the 50 mink that died as a
result of the raid, calling them the "unheard victims" in the case who
died in a "cruel, thoughtless manner.")
I would rather these animals die in the freedom of exploring their own
land than in the hands of some "Legal Enterprise" farmer, who is going
to kill them so they can be made into a coat for "fashion" purposes.
McMullin is despicable for having even mentioning these beautiful
animals as "unheard victims", when he was going to kill and exploit
innocent beings(i.e. neck snapping, gas chamber, or even anal
electrocution) for money. I hope that no human person ever experiences
these death camps we call fur farms ever.
Digbads | 7:42 p.m. Nov. 12, 2009
ALF and Peta are disgusting slugs.
---------------------------------------------------------
The Salt Lake Tribune
Judge rejects plea deal in mink release case
Courts » Animal-rights activist apologizes to South Jordan farm family.
By Pamela Manson
November 12, 2009
http://www.sltrib.com/news/ci_13774132U.S. District Judge Dee Benson on Thursday rejected a plea bargain
that called for a Layton man to serve six months in prison for
releasing hundreds of mink last year in support of animal rights.
Instead, Benson said he plans to sentence William James Viehl to at
least two years behind bars and could go even higher. The law allows a
maximum of five years imprisonment.
The judge said he generally deals leniently with offenders who have no
criminal record. But he said Viehl's actions -- letting more than 600
mink out of their pens at the McMullin Fur Farm in South Jordan and
spray-painting a barn with the words ALF (for Animal Liberation Front)
and "We are watching" -- went beyond property damage.
"People who are engaged in a lawful enterprise are being terrorized by
the actions of Mister Viehl," Benson said. "There's got to be some
deterrent message sent."
Lindsey McMullin, who operates his family's farm, applauded Benson's
decision. He said the attack had frightened his family and the fur
industry.
"Domestic terrorism can't happen in our country," he said.
But Peter Young, who attended court Thursday along with other
animal-rights activists, said Viehl's actions were an effort to save
animals. Benson's proposed sentence "is in no way commensurate with
the offense," said Young, who added that he served two years in prison
in Wisconsin for carrying out mink releases at six farms in that
state.
Prosecutors say Viehl and co-defendant Alex Hall released about 425
female mink and 225 male mink on Aug. 19, 2008, at the McMullin farm.
Lindsey McMullin said seven were killed by vehicles, seven died from
stress and about 20 were never recovered. He said the two men also
took the animals' pedigree tags, forcing the sale of the females for
their pelts because they no longer could be bred and costing the farm
$66,753.
Viehl and Hall were indicted last year on the felony interference
count and a misdemeanor charge of attempting to damage the operations
of the mink farm.
Viehl, 23, pleaded guilty to one count of damaging and interfering
with animal enterprises. In a plea deal, the U.S. Attorney's Office
agreed to recommend that he be given a term on the low end of the
sentencing range for the crime. The range is determined after a guilty
plea is entered and depends on a defendant's background and other
factors.
Viehl said he now realizes he can support animal rights without
breaking the law and apologized to the McMullin family on Thursday. He
is being held in a jail until his case is resolved.
Charges are pending against Hall, 20, of Ogden, who has pleaded not
guilty and is slated to go to trial Dec. 7
pmanson@slrib.com
Some of the comments should make Peter Young the initiator of such terrorist activities think about how this might effect his own freedom.
COMMENTS:
Patrick.Jones: 11/12/2009 6:14:00 PM +2
We can see by the fact that Peter Young is there defending this
terrorist that 2 years is not enough. Give him the full 5 year
sentence. Maybe the next guy will think twice before he gives 5 years
of his life for some rats with all the brain power of a loaf of bread.
kuinta: 11/12/2009 6:39:00 PM +3
Judge Benson ROCKS! Viehl is an IDIOT!, and so is Peter Young for
defending said idoits actions! Viehl said "I'm sorry"? See my posts in
PETA Spy story.
superbacana: 11/12/2009 7:00:00 PM +5
How pathetic. These guys think they're saving this poor minks when
they actually ended up killing a bunch of them anyway. I don't think
the moron understands that minks are a domesticated animal and have
been bred for fur farms. Meanwhile this family will have to struggle
with the $66,000 these guys cost them. I say give them the max.
boogs1860: 11/12/2009 8:10:00 PM +1
Perfectly Edible Tasty Animal peeps need to change the laws regarding
animals or face the consequences for breaking the laws. You may think
it's cruel, but it's LEGAL. Make it illegal to farm mink and the mink
farmers go to jail. Make it illegal to de-beak chicks and the Tyson
Farms execs can see the bars. Make it illegal to test drugs on animals
and the U of U Profs can see time while the next destroyer of human
life laughs at your stupidity.