Pasadena Star News
Judge orders former Caltech grad student to serve at least 18 more
months in federal prison
By Nathan McIntire, Staff Writer
11/16/2009 04:23:39 PM PST
http://www.pasadenastarnews.com/ci_13802006

LOS ANGELES - A former Caltech graduate student convicted of
conspiracy for participating in a vandalism and firebombing spree that
destroyed more than 130 vehicles in 2003 will serve at least 18 more
months in prison after he was re-sentenced by a federal judge Monday.

The 9th Circuit Court of Appeals overturned convictions on seven
counts of arson against William "Billy" Cottrell in September, ruling
that Judge R. Gary Klausner, who presided over Cottrell's 2004 trial,
improperly excluded evidence of Cottrell's Asperger's syndrome.

Klausner could have released Cottrell on Monday, based on the amount
of prison time he has already served. Instead, he re-imposed the same
100-month prison sentence Cottrell has already been serving.

Under federal sentencing guidelines, Cottrell must serve at least 85
percent of his sentence, meaning he could be eligible for release in
about 18 months. He is being credited with the 67 months he's already
served.

His attorneys argued Monday that Cottrell's genius-level scientific
talents were being wasted in prison.

But the judge was unmoved.

"He may be one of the best minds in physics," Klausner said. "(But)
the fact that people are given talents ... doesn't excuse them from
abiding by the same laws that we all have to," Klausner said.

Cottrell briefly addressed the court before the sentencing. He said he
had no intention of hurting anyone when he and two other people
vandalized dozens of vehicles at several San Gabriel Valley car
dealerships. "I would just like to go back to physics, if that's
possible," Cottrell said.

On Aug. 22, 2003, he and two other people spray-painted phrases like
"polluter," "gas guzzler," "SUV = Terrorism," and "ELF," an acronym
for the militant environmental group Earth Liberation Front, onto
vehicles at dealers in Duarte, West Covina and Monrovia.

Cottrell's attorneys had argued that Cottrell only spray-painted the
vehicles and did not participate in any of the firebombings. They say
he was duped into participating in the attack by two other people
involved, Tyler Johnson and Michie Oe, who remain at large.

"They're still fugitives," said Thom Mrozak, a spokesman for the U.S.
Attorney's Office, who would not comment on their whereabouts. "We
have some information, but I'm not willing to disclose any of it at
this time...We're certainly hoping to bring them to justice at some
point."

One of Cottrell's attorneys, Michael Mayock, said his client's
Asperger's syndrome, a high-functioning form of autism that includes
social dysfunction coupled with above-average intelligence, prevented
him from understanding that he was being misled by Johnson and Oe.

Mayock said Cottrell did not participate in the firebombings and
attempted to stop Oe and Johnson when he realized what they were
doing.

Assistant U.S. Attorney Sherilyn Garnett briefly addressed Klausner on
Monday and asked that he give Cottrell the same 100-month sentence.
Garnett said Cottrell's actions were "definitely designed to influence
a civilian population" by discouraging people from buying SUVs.

Klausner agreed, noting that the attacks came during "a time in
history when this was really scary to the public...this concept of
terrorism."

Before the judge's ruling Monday, Mayock told Klausner Cottrell has
been teaching language and science classes to prisoners while
incarcerated. He also called attention to a letter signed by renowned
physicists, including Stephen Hawking, deploring the treatment of
Cottrell in prison.

Labelled as an "eco-terrorist," Cottrell has been harassed by prison
guards and placed in cells with dangerous inmates, Mayock said.

Marvin Rudnick, another of Cottrell's attorneys, said his client had
been hopeful that he would be released Monday.

"He saw a light at the end of the tunnel and now it's flickered out,"
Rudnick said.

nathan.mcintire@sgvn.com