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Report from Sentencing for Nathan Block and Joyanna Zacher,6/1/07

On Friday, June 1, in Eugene federal court, Judge Ann Aikensentenced Nathan Block and Joyanna Zacher. Judge Aiken agreed

to sentence both defendants together in one hearing.

Presenting: Kirk Engdall for the federal government

Engdall began by recounting the history of activism by Nathanand Joyanna. He said that in the Spring of '99 the two met inSeattle, WA preparing for the anti-World Trade Organizationsthere. Zacher also met Bill Rodgers, Suzanne Savoie and LaceyPhillabaum in Seattle during this time period.

Nathan Block grew up in Maine, but studied at Evergreen inOlympia, WA and did took out loans thinking that he would nothave to repay them because anarchy would prevail and the worldwas going to end anyway. During the anti-WTO protests, Nathanpacked his bag with rocks and acting alone threw rocks at policeand windows.

During the WTO confrontation, Joyanna joined the black block.She also was involved with planning an action at Cargill. Shefailed in an attempt to steal a license plate for the action and the

plan was abandoned because of police contact. During theprotests, Joyanna was arrested while acting with "the black blockvandals" and released a flyer touting the actions of the WTOprotest anarchists that claimed that Seattle was "just abeginning."

The following year Nathan and Joyanna went to Joshua Tree, CAfor an Earth First! rendezvous and there participated in "circles"with Rodgers to discuss property destruction. Engdall stated thatthese "circles" were precursors to the "Book Club" meetings.

In March of 2000, they attended their first "Book Club" meetingwhich coincided with the Environmental Law Conference inEugene, OR. At the meeting they used fake names andparticipants were given "clean" instructions on incendiarydevices. "Clean" in this sense meant that the instructions wereprepared wearing gloves, so that they had no trace evidence. At


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the meeting, Joyanna was criticized for her dress (black pants,camo vest and dreadlocks) because her appearance could drawunwanted attention. Nathan was invited to the meeting by

Joyanna but was never fully accepted because of "arrogantattitudes."

In the second "Book Club" meeting, held later the same year inTucson, AZ, incendiary devices were discussed as well assecurity. An email account was set up for communication and acode book was introduced. Following the meeting an anti-geneticengineering action was carried out against Monsanto inWashington State in August. Sickles, scythes and hands wereused for the decontamination.

The following month, Bill Rodgers, Nathan and Joyanna traveled

from Olympia to Santa Cruz for another "Book Club" meeting. Onthe way, Rodgers stopped in Eugene to make a pot drop-off. InSanta Cruz, the meeting took place in a motel room by the beach.A primary topic was the construction of timing devices and theuse of "clean rooms." Joyanna was responsible for food, soshoplifted an entire cartful and returned to the motel room toshare the "booty." Nathan went by "Hasan" during the three-daymeeting and jokes were made about making a movie of the cell,and which actors they would get to play themselves.

In January of 2001, the fourth "book club" meeting took place inOlympia, where Rodgers' alleged sexual assault of a woman atthe Earth First! Rendezvous was heatedly discussed. This was BillRodgers last appearance at "book club" meetings.

The following month, Nathan and Joyanna participated in a treespiking action at the Judie timber sale in the Umpqua NationalForest. Over 180 trees were spiked, low and high. A communiquwas issued. In March 2001, they participated in actions at OregonState University's genetic research facility in Corvallis, Oregon,

and at Klamath Falls, Oregon facility in which GE trees weregirdled (the bark stripped to destroy the cambium layer) in orderto kill them.

Meyerhoff participated in the decontamination, and asked Nathanto participate in an arson at Romania Chevrolet in Eugene.

Joyanna was invited later. Devices for the arson were constructed


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in Olympia at Nathan and Joyanna's residence and in a nearbyforest. Before the arson, Nathan, Joyanna and Bill Rodgersperformed reconnaissance. On the evening of the action, Joyannaand Tubbs acted as lookout while Nathan and the others placedthe devices. Driving away from the scene, Nathan observed the

cars starting to catch fire and commented that it looked likesomething from a comic book. He joked during his governmentdebrief that he "was in it for the adventure". Nathan had only oneoffering for the communiqu, which was, "The time is right. Fightback."

After Romania, Joyanna was asked to join another group of allwomen in Northern Idaho to plan an action against the PotlatchCompany. Joyanna performed recon and the action was called off

due to police driving by. The lookout failed to notice the policecar, and Joyanna called the action off due to lax security.

Meyerhoff then recruited Nathan and Joyanna for the "DoubleWhammy" arsons at Jefferson Poplar and the University ofWashington. The team met in Olympia, and performed a "dryrun" the week before the action. The timing devices were storedat Nathan and Joyanna's house. On the night of the arsons,

Joyanna acted as lookout, Savoie was both lookout and driver,while the others placed the devises. Afterwards, all returned to

Olympia where an argument took place about devices theythought may have failed. Engdall said that Lacey Phillabaum hadexpected the firefighters at the UW fire the same night to quellthe fire before it spread to the rest of the building. Twocommuniqus were issued which Engdall said made threats tothe state government, qualifying this action for the terrorismenhancement.

In June, 201, Meyerhoff, Gerlach, Kolar, Savoie, Phillabaum,Nathan and Joyanna traveled to Sisters, Oregon for the final

"book club" meeting. At the meeting, some participants discussedmoving things to "the next level", meaning violence againstcorporate leaders. This provoked dissention among the group.Gerlach reports that Nathan did not advocate violence at whatturned out to be the last meeting. Engdall said that in the past,Nathan and Joyanna had participated in target practice with Bill


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Rodgers, but that during debriefing, Joyanna had said the practicewas a "trust-building" exercise" and not about targeting people.

In Olympia, Nathan started a marijuana growing operation thatcoincided with Rodgers shutting down his own. After the

December 7th, 2005 arrests, cooperating witnesses eventuallyrevealed Nathan and Joyanna's true identities. ON February 23,2006, they were arrested following a house raid. Documents andCDs seized showed a continuing interest in illegal direct action.

Engdall then showed a Power Point presentation with slides oftheir mugshots and monikers. Engdall claimed that Joyanna wasnot close to her family, but that while in jail she spoke to hermother asking for money and admonishing her mother not tospeak to the authorities. Also, Nathan Block was described as a

"freelance vandal" at the WTO protests in Seattle. A video clip ofnews coverage was seized during the raid on their home, andshown to the court. The KIRO TV news broadcast showed asensationalized account of the "Anarchist Rampage" in Seattle.

Then Joyanna's "Seattle is Just the Beginning" flier was displayed.The text of the flier criticized the Direct Action Network, buthailed Seattle as a victory. A chronology of "Book Club" meetingswas presented, followed by slides of the Romania Chevrolet arsonand the text of the communiqu, which Engdall said had coercivelanguage, intended to influence Lane County Court in its actions

against Jeffrey Luers, qualifying this action for the terrorismenhancement. Then Jefferson Poplar slides were shown, thedamage displayed and text of the communiqus. Images wereshown from the February 23, 2006 raid on their Olympiaresidence, which Engdall described as a "typical drug house" witha kitchen he aid was "a mess". Photos of the grow operation wereshown, as well as an envelope addressed to "Exile" an addressbook with Justin Solondz's last known address in it.

In a weird tangent, Engdall displayed a slide of the CD jacket for

Industrial Noise ACT Militia, which was at the house. In it was apoem, which Engdall read and included the lines "to hell withproperty, to hell with the State". The CD package also stated,"Support the Animal Liberation Front".


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The next slide described criminal acts by Nathan and Joyannathat they were not being charged for, including the GE actions,the marijuana grow operation and the Judie tree spiking.

Engdall then set forth the government's sentencing

recommendations. Downward departures were appropriate forthe global plea agreement taken with Paul and McGowan, butthat Nathan and Joyanna differ from the cooperating defendantsincluding Kolar and Phillabaum who gave complete and detailedinformation, and agreed to testify. He pointed that StanislasMeyerhoff had even agreed to testify in "other matters." Bycontrast, Engdall said that Nathan and Joyanna had refused tofully cooperate, were protecting the identity of co-conspirators,and wanted to be known as "activist martyrs." The two agreed toplead guilty only after six others had agreed to testify. Engdall

further added that Joyanna's activity reflected anarchistprinciples and "principles of violence". He noted Nathan'sliterature of "anarchy and violence." He stated that they were init simply for the "adventure" and not for the environment, andrecommended a 92-month sentence for each of them.

Bill Sharp, counsel for Joyanna Zacher, follows:

On the WTO showdown, Sharp notes that his client was arrestedtwo hours before the rioting as displayed in footage began. Sharp

also stressed that the firearms practice occurred well before the"Book Club" meeting in which escalating tactics was approached;no link existed between the target practice and the discussiontopic. Sharp also pointed out that there was no continuouslawbreaking between '99 and '06. His client sometimes grew pot,which is not great, but that following Jefferson Poplar sheextracted herself from every sort of activism, legal and illegal.

Sharp made three requests on behalf of his client:1) That Joyanna be placed in FCI Dublin in California, where

she could stay in contact with friends and family.2) That a letter of recommendation be sent to the Bureau ofPrisons, suggesting that Joyanna not be classified as "highsecurity."3) That interest on restitution be waived for the duration ofher incarceration.


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Sharp expected that Nathan's lawyer would join in requests 2 and3 for his client.

Sharp then urged the court to take an objective look at thecomparison between Nathan and Joyanna, and the other

defendants who had already been sentenced. He used manycharts to present a statistical analysis of Nathan and Joyanna'saction compared to the others. He pointed out that Nathan and

Joyanna had come into the conspiracy late, and were onlyinvolved in cell arsons from March May 2001. Sharp argued thatby agreement with the government, the sentences for Nathanand Joyanna were to be linked to the sentence from SuzanneSavoie, who was involved at a comparable level. Aiken theninterjected that such was the agreement with the government,but that she did not need to adhere to that.

Sharp went on to state that Nathan and Joyanna had acceptedfull responsibility for their actions. Their pleas would help to breakthe "log jam" in the federal court prosecution and also avoidcosts.

He said that Nathan and Joyanna were not part of "The Family."The two had never heard or used that term. Others in theconspiracy referred to them as "The punk kids" to be used inarsons by the more experienced. Sentencing guidelines state that

planners should be penalized, but Nathan and Joyanna did notplan the actions. Regarding the terrorism enhancement issue,Nathan and Joyanna's motives were simple: to burn SUVs and toburn a polar tree farm.

Following a restatement of several earlier arguments, Sharp thencommented on the issue of the marijuana grow operation. It ispossible for the government to exaggerate the severity of the potgrowing. For instance, when Gerlach and Thurston were arrested,they had in their possession four pounds of pot and several

hundred ecstacy. Sharp stated that his client's 44 pot plants paleby comparison to this.

Sharp then returned to his comparison between defendants andhis statistical analysis. He once again compared Joyanna Zacherto Suzanne Savoie, stating that Joyanna's non-cooperation wascomparable to Savoie's research of two targets and six genetic


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engineering actions. Aiken interjected that in her opinion theresearch showed that someone cared about the politics. "Addthat into your equation," she said, arguing that this was superiorto random acts of violence or the "I did it for the adventure"attitude.

Sharp countered that he was simply hoping that the court wouldtake an objective look at sentencing parity. He said, "Let's look atthe social dynamics of the group. Why did they get out [of thegroup] and what are they like now?" He stated that by mid-2001Nathan and Joyanna were disenchanted with their co-conspiratorsand that they felt that the others' existence revolved around theactions; the two didn't like the single-mindedness of the others.Nathan and Joyanna were interested in music and education, andwere well read in diverse topics. The two did not flee when they

heard of arrests on December 7, 2005 when they certainly couldhave. Sharp noted the incredible sense of humor possessed bythe two, even at their own expense. He stated that 63 monthswould be a sufficient, if not overly sufficient, sentence for thetwo.

Sharp then stated that it is historical fact, not what an attorneysays about a client, that should be decisive. He presented threemain concrete factors that should be considered, and thenproceeded to list the "whiner factors" that should not be taken

into account. These "whiner factors" were displayed on anoverhead:1) "My frontal lobes are underdeveloped."2) "I'm lonely."3) "I'm depressed."4) "I'm an outsider seeking validation."5) "I had a loved one who died."6) (Lawyer suggested) "I was sexually abused."7) "I suffered post-traumatic stress."8) "I was led down the primrose path by a friend or lover."

9) My love for a conspirator.10) My love for the environment.11) My love for animals.12) "It was someone else's fault."13) "I left the movement."(Sharp added at the end: "Whoops! Throw our excuse out too. Mymemo cited my client's challenging childhood.")


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Sharp then stated that "Buildings don't burn less when nicepeople burn them," and therefore extent of damage, number ofcriminal acts, and length for which defendants carried out arsonsshould be the real guide for sentencing length.

Aiken jumps in again: "The letter I WILL write is for re-fundingindigent defense." She appreciated Sharp's sense of humor andcommitment. She thanked him for his objective look and freshperspective, but that she wanted to hear arguments based oncommunity safety and the accountability of his client. "Our goal isto send healthy people out into the community."

Sharp returns to his statistics, quoting average number ofsentence years received so far per arson, per million dollars in

damage, and per year spent in ALF/ELF. He adjusts these figuresto account for extremes. This is where Aiken interrupts him againand says, "I've been doing calculations based on the costs ofimprisoning these folks. [] Your arguments are based on apremise about sentencing negotiations I am not privy to.[Referring to negotiated plea of Susanne Savoie's suggestedsentence plus 18 months.] You are not addressing communitysafety, accountability and rehabilitation."

Sharp quickly summed up his argument: a comparison to those

previously sentenced that is based on cost of damage suggests a65-month sentence, and a comparison based on number ofarsons suggests a 60.5-month sentence. Aiken should sentencehis client to 63 months, just in the middle.

Nathan's lawyer, John Storkel made a few final comments. Hesaid that the characterization of his client as acting merely for"adventure" was an overstatement. Nathan does have a deepconcern for the planet. At the time, Nathan had the misguidedbelief that the world was coming to an end. He said, "That's not

quite true. We may have an eight year window to change that."Nathan was eighteen years old at the time, the youngest personin the conspiracy. He said at that age, you'd be more concernedwith consistency and integrity, and more easily disillusionedwhen integrity is compromised. He said that a Romania, Nathanand the others waited for a security guard to leave before lightingthe fire because he has respect for life. When Nathan became


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disillusioned, it was because of talk of actual violence. Hereminded the judge that Gerlach had said that Nathan was not anadvocate of violence and he continues to hold this belief. Havingquit the group because of their opposition to violence againstpeople, Nathan and Joyanna were approached about another

action but refused. Nathan was candid about how one feels in themidst of risky behavior but his actions were motivated by morethan thrill-seeking. They are now married. And they met at aparty, not at a "planning meeting" for the WTO. He said theshowing of the video about Seattle was irrelevant Nathan wasnot in the black bloc. He said the poem in the CD case wasn'trelevant because Nathan did not write it. He said, "I havehundreds of CDs at home, and I'm sure I can find one that has aphrase I disagree with."

Storkel said that Engdall had acted consistently in the spirit of theplea agreements, and that, as Savoie had received 51 months,Nathan should receive 69 months, but then noted that Sharp wasbetter at statistical analysis, and 63 would be even better. Hereminded Aiken again that the two defendants were well aware ofthe 2005 arrests, and could have taken of, but did not. Instead,they accepted responsibility by pleading guilty and admitted theirindividual involvement. He noted the family support in thecourtroom, and the letters of support provided to the judge. Hesaid he found his client to be extremely articulate and thoughtful,

and that Nathan was thinking about his plans for the futurepursuing his music, art and work. He said, our clients will not beserved by receiving a 92-month sentence, but that 63 monthswould provide adequate deterrence and safeguard thecommunity. He stated again that human life is sacred to Nathan,as is all life.

Aiken then said she would like to hear from the defendants (whohad made no plans to address the court). There was an awkwardpause, and then a lengthy lunch recess was suggested.

During lunch recess, technical difficulties were overcome, andAiken was allowed to view video statements from Nathan and

Joyanna's family and friends.


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After lunch (two hours later) Aiken asked Nathan and Joyanna ifthey had objections to their pre-sentence reports, to which bothanswered no. She then said she'd like to hear from them.

Both read very brief statements.

Joyanna said she had never shirked responsibility for her actions.She said she has no further interest in activism of any kind.Instead, she said she desires to live amongst the air, trees, waterand animals sustainably.

Nathan said that the gift of life is the most sacred gift, and thathe did not take actions that disrespect life. He said he takesresponsibility for his actions wholeheartedly.

Following another brief recess, Judge Aiken said that she comesinto these proceedings not only the ability to draw on all the legalarguments, but that she does not make a final determinationuntil listening to what defendants have to say. She said, "Realheroes acted with non-violence, even if they died with violence."

Then to Nathan she said, "Mr. Block, your view of the world hasstunned me." Then she quoted Tennyson ("if you find the worldbetter at twenty-five") Then she said, "I don't understand whoor what you are, because you didn't let anyone inside. There's awall that appears to enclose you. I can't see through that. Your

lawyers worked hard to paint you in the best light, but I could seethe pain in their faces - they can't save you from you. It's notenough, and they know that." She then read an excerpt ofWilliam O. Douglas' "Go East Young Man" which spoke withreverence for the liberty, freedom and beauty of this country. Shesaid that one must balance the need to respect the world with arespect for legal means. "For us old people, we read books. Iwonder if people read autobiographies anymore. In prison, Isuggest that you read about other peoples' struggles." She wenton, "If life means something to you, you do not put it at risk by

fire." She spoke about having cared for fire victims in the past,saying, "You have no idea of the ramifications of your actions."She spoke of the hurt caused, and then stated, "I didn't hearanyone say they're sorry. I didn't hear anyone apologize. I didn'thear anyone say they would work to pay restitution." She pausedfor a few seconds, then said, "Pregnant pause. You could havestood up right now and addressed these things, but I noticed no


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one is moving." She said that she was not persuaded by Sharp'sparsing of criminal conduct and earlier sentences. She said, "Eachdefendant is not otherwise equal." The things she said she mustconsider are "what you did, why you did it, have you removedyourself, have you changed your life, have you shown true

remorse, and whether or to what degree did you cooperate?" Sheargued that the non-cooperating defendants want to "have theircake and eat it, too". She stated that they want lower sentences,but also wanted to be martyrs and activist heroes. She said that,unlike the six cooperating defendants, Nathan and Joyanna pleadguilty because they "had to". "I find, as a whole, that you are verydifferent from Meyerhoff, Savoie, and Tankersley who had achange of heart. Those things simply matter," she said, "Youwant the same benefits the others have received for theircooperation." She added, "You terrorized and threatened people."

She praised Nathan and Joyanna's family for their support, andurged them to continue supporting during and after prison. Shesaid to Nathan and Joyanna, "When you get out, pay attention towho welcomes you back unconditionally, and who placesconditions and labels on you."She then said that she would be sentencing Nathan and Joyanna

identically. She went through her sentencing calculations, withupward and downward departures. She applied the terrorismenhancement to both fires (Romania and Jefferson Poplar). Shestated that she had the ability and discretion to go further

downward in sentencing, but said to the defendants, "You havegiven me nothing I have adjusted based on some remorse.Some acknowledgement of hurt caused. Some commitment toending criminal activity." She said it is the cooperators that arereally renouncing their criminal past. She said that refusing to bean activist is not a virtue, and that she believes in participatorydemocracy. "It is criminality that is sanctioned today." She saidshe would respect the low end of the government's sentencingrecommendation and handed down a sentence of 92 months. Sheordered the full restitution of $1,953,412. There was a change

from previous sentencings with regard to post-release conditionsabout association with activists. Previously she had applied acondition of no contact with earth or animal defenseorganizations. The other lawyers have objected to this conditionbased on its vagueness. Today, she specified no future contactwith anyone or any group involved in illegal animal rights orenvironmental activism. She said she would recommend to the


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BOP that Nathan be housed at FCI Sheridan (Oregon) and Joyannabe housed at FCI Dublin (California). She then said it was a verysad ending to a very long week, and that she hopes they willlearn, they will make a change, and that when they get out theywill be a part of the world and not separate from the world.