Zacher.resp.2.Govn.sent

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Bill Sharp, OSB 783741342 High Street, 2nd FloorEugene, OR 97401(541) 345 2002Fax (541) 345 2178

Email [email protected] for Def. Zacher

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

UNITED STATES OF AMERICA, )Plaintiff, )

v. ) CR No. 06-60126-AA)

JOYANNA L. ZACHER ) RESPONSE TO GOVERNMENTDefendant. ) SENTENCING MEMORANDUM

Both parties agree that the Court should consider the factors under 18 U.S.C.3553(a), and U.S.S.G. 5K1.1, to determine the appropriate sentence. The defendant,Joyanna Zacher, makes the following specific responses to the Governments sentencingmemorandum regarding representations of fact.

1. Government Sentencing Memo (GSM) p. 39 Re: Romania arson: The sitewas chosen as a statement of defiance in honor of Jeffrey Luers.

Response: Neither Mr. Block nor Ms. Zacher chose the site; Mr. Luers and hiscase were not the reason that Mr. Block or Ms. Zacher participated in the arson; the sitewas chosen before they were ever asked to participate. The request to participate in thearson was, Are you ready to go to the next level? They agreed to do so on that basis.

2. GSM p. 39: The participants agreed to only use outsiders, that is, persons notliving in Eugene.

Response: This is demonstrably incorrect. Jacob Ferguson of Eugene did notparticipate. But Defendants Meyerhoff and Tubbs, 2 of the 5, were from Eugene.ZACHER RESPONSE TO GOVERNMENT SENTENCING MEMO - 1


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3. GSM p. 39: The communiqu [for Romania] was a group effort and wasshown to Daniel McGowan.

Response: Ms. Zacher did not participate in either writing the communiqu or inhanding it to Daniel McGowan.

4. GSM p. 42 re: Jefferson Poplar

Afterward the communique prepared by McGowan and others attributing theJefferson Poplar arson to ELF was sent by Gerlach.

Response: Ms. Zacher did not participate in writing or transmitting thecommuniqu for Jefferson Poplar.

5. GSM p. 65: re: Romania

They [the counts of arson in Romania] were committed in direct retaliation forlocal government activity in the prosecution and trial of Jeffrey Free Luers and CraigCritter Marshall for earlier arsons at the same location.

Response: As stated earlier: the Luers trial was not the reason that Ms. Zacherparticipated in the arson and was not the basis of her being asked to participate. Ms.Zacher did not know Jeffrey Luers.

6. GSM p. 69

Even before their days in the Family, Block and Zacher were dedicatedanarchists who, by definition, were anti-government.

Response: Neither Block nor Zacher were a part of The Family. They had notheard of the name before their arrest. They have so stated when interviewed. Also, Mr.Block has not professed to being an anarchist.

7. GSM p. 69

They [Block and Zacher] carried that animus within the conspiracy and in theanti-government, anti-business arsons and Romania Chevrolet and Jefferson PoplarFarm.

Response: The anti-government term is an editorial comment by the writer.Neither Romania nor Jefferson Poplar were government properties, nor were thebusinesses related to the government in any way.ZACHER RESPONSE TO GOVERNMENT SENTENCING MEMO - 2


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8. GSM p.110

Block and Zacher assisted Rogers in the growing and distribution of marijuana,the proceeds of which were used to finance continued arson operations.

Response: During the conspiracy, Ms. Zacher was not allowed over to Mr.Rogers house and therefore could not have assisted in the growing or distribution ofmarijuana. Ms. Zacher was not at Mr. Rogers house during the conspiracy, but onlyafter her part in the conspiracy was over. Afterthe conspiracy was over (in late May2001), she trimmed marijuana for others. Ms. Gerlach when interviewed acknowledgedthat the proceeds of Mr. Blocks grow operation were not going toward any ELF actions.

9. GSM p. 110

Just prior to February 20, 2001, Block and Zacher traveled to Eugene to plan a

tree spiking in the Judie timber sale area of the Willamette National Forest. Theplanning included placing the nails and spikes at varying heights and then cutting off theheads of the spikes so they could not be detected.

Response: Block and Zacher had no hand in theplanning of the tree spiking, orin the selection of the site to be spiked. They had no prior knowledge of the site. Theyhad never spiked trees before, and they did not know, nor could they have known, how toplan or execute such an action. They were only participants who followed the experienceand directions of others.

10. GSM p. 110

Approximately a week later, this crime was claimed by ELF in a communiquthat warned.

Response: It is important to note that neither Mr. Block nor Ms. Zacherparticipated in the writing of the communiqu.

11. GSM p. 111

Block and Zacher gathered the materials necessary for the incendiary devices.They chose to buy everything they needed and did not shoplift anything because of what

had happened to Family member Josephine Overaker when she was arrested forshoplifting.

Response: Neither Block nor Zacher made decisions about what to buy. Theywere given directions of what to buy. They had never participated in an arson before andtherefore could not have been the source or knowledge or information about what to buy.Also, they had no knowledge of Josephine Overaker.ZACHER RESPONSE TO GOVERNMENT SENTENCING MEMO - 3


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12. GSM p. 112

Approximately two months later, on May 21, 2001, and after extensive planning,Block and others committed the arson at Jefferson Poplar Farm.

Response: Neither Mr. Block nor Ms. Zacher was involved in theplanning of theJefferson Poplar or UW arson. The Jefferson Poplar arson had been planned by otherpeople months earlier without the knowledge of Block and Zacher, and it had beenpostponed by the original participants.

13. GSM p. 112

He [Mr. Block] also provided the location for meetings and extensivepreparation.

Response: Mr. Block did provide a place for some meetings. However, the

extensive planning had already taken place prior to his being asked to participate in thearson.

14. GSM p. 112

A search warrant was executed which yielded documents promoting criminalactivism.

Response: The purported documents promoting criminal activism wereactually CD liner notes from a Belgian band, named Militia. These CD liner notes werenot unlike the CD liner notes found in the homes of many teenagers throughout thecountry.

14. GSM p.115 re-WTO

It was with this [WTO] group that she met Block and others who eventuallybecame fellow arson cell members.

Response: While it is true that Ms. Zacher met several other people at this time,Mr. Block was not a participant with Ms. Zachers WTO group.

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15. GSM p. 116 Re: WTO

Zachers Black Bloc threw acid-filled eggs at department store windows.

Response: The writer unfairly puts Ms. Zacher in this group when in fact, she had

not participated in those illegal acts. She was arrested at 9:30 or 10:00 am when she triedto pull a friend out of the headlock of a person who did not identify himself as a policeofficer. Ms. Zacher was arrested prior to the beginning of the major destructive acts.

16. GSM p. 116

Once released from jail, Zacher traveled with Block to California to attend theEarth First! Rendezvous. There she attended one of the Book Club meetings, where shelearned advanced tactics in committing arsons.

Response: At the time of Ms. Zachers release from jail, there was no Book

Club in existence; nor did any of the meetings at the rendezvous discuss arsons oradvanced tactics.

17. GSM p. 116

Afterward, a communiqu [re-the tree spiking] was prepared.

Response: Ms. Zacher did not participate in the writing of the communiqu.

18. GSM p. 117

Two months after the Romania arson, and after participating in the extensiveplanning for two simultaneous arsons, Zacher and others committed the Jefferson PoplarFarm arson on May 32, 3002, causing damage of approximately $994,412.42.

Response: While it is true that Ms. Zacher participated in the Jefferson Poplararson, she was not involved in the extensive planning for that arson or for the UW arson.

[At search of Block-Zacher residence] yielding documents promoting criminalactivism.

Response: See above; the documents promoting criminal activism were CDliner notes from a Belgian music group.

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19. GSM p. 118

Zacher participated in theplanning and preparation of the [Romania] arson.

Response: Planning, no, by no means. Preparation only in the sense of

shopping for materials that another person asked her to obtain.

20. GSM p. 118

Zacher provided a meeting place for the conspirators during theplanning of the[Jefferson Poplar] arson and assisted in gathering the necessary materials for itsexecution.

Response: Theplanning for the Jefferson Poplar arson was already carried outmonths before Ms. Zacher or Mr. Block were ever asked to participate. Secondly, Ms.Zacher believes that she had already obtained materials such as towels for the Romania

arson and there enough left over. She does not recall going out and shopping foranything in connection with the Jefferson Poplar fire; the materials were on hand.

21. GSM p. 118 Re: Aggravating Factors

Zacher was involved in theplanning and preparation and was a full participant inboth the Romani Truck Center arson and the Jefferson Poplar Farm arson.

Response: 1) She was definitely not a planner, not in any way.2) She was a lookout in both arsons; the term full participant is a stretch.

22. GSM p. 118

She was also an active participant in the WTO riots.

Response: As stated above: she was arrested before the WTO riot broke out.

Where possible, defendant will document the above points at the sentencinghearing.

Dated: May 24, 2007Respectfully submitted,

MONKS & SHARP LAW OFFICE

/s/ Bill SharpBill Sharp, OSB 78374Attorney for Defendant Zacher

ZACHER RESPONSE TO GOVERNMENT SENTENCING MEMO 6 (END)

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Zacher.resp.2.Govn.sent