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Y-12 protesters get three-week extension to file motions

Posted at 10:07 pm October 18, 2012
By John Huotari Leave a Comment

Transform Now Plowshares

The three anti-nuclear weapons activists pictured above cut through fences and vandalized a high-security building at the Y-12 National Security Complex in July and now face federal charges of property destruction, property depredation, and trespassing. From left to right, the three are Michael R. Walli, Megan Rice, and Greg Boertje-Obed. (Submitted photo)

A federal judge has given attorneys three extra weeks to file motions in the government’s case against three anti-nuclear weapons activists accused of sneaking into the Y-12 National Security Complex in July and vandalizing a building where bomb-grade uranium is stored.

On Oct. 9, the attorneys asked for a one-month extension, which would have given them until Nov. 9 to file motions for Greg Boertje-Obed, Megan Rice, and Michael R. Walli. They said they hadn’t completed their investigation and needed more time to consult with the defendants.

In an order filed Wednesday, U.S. Magistrate Judge C. Clifford Shirley Jr. gave them until Oct. 30. A motion hearing has been scheduled for Nov. 20.

“In order to remain on track for the Feb. 26, 2013, trial of this matter, this motion hearing cannot be delayed,” Shirley said. “Additional extensions of the motion deadline will not be permitted, except in the event of extraordinary circumstances.”

Shirley said attorneys had said the discovery, or information collected in the case, was minimal, and he was “somewhat surprised” to hear that more time was needed to investigate the facts.

Boertje-Obed, Rice, and Walli are accused of sneaking into Y-12 before dawn on July 28, cutting through fences with bolt cutters, evading guards, and spray-painting slogans and splashing human blood on the Highly Enriched Uranium Materials Facility.

They have been charged with property destruction, property depredation, and trespassing. The three protesters, who have pleaded not guilty, face potential penalties of up to 16 years in jail and $600,000 in fines.

Walli is represented by Christopher Scott Irwin of Knoxville and William P. Quigley of New Orleans. Rice is represented by Francis L. Lloyd Jr. of Knoxville. Boertje-Obed is representing himself, although he has the assistance of “elbow counsel,” Knoxville attorney Bobby E. Hutson Jr.

The Nov. 20 motion hearing starts at 9:30 a.m. in U.S. District Court in Knoxville.

The unprecedented security breach has had a significant impact on Y-12, its contractors, and the National Nuclear Security Administration. Among other things, there have been federal investigations, two congressional hearings, a temporary halt in nuclear operations, a contract termination for security guard company WSI Oak Ridge, and a firing, suspensions, retirements, and reassignments at WSI, NNSA, and B&W Y-12.

Note: This story was last updated at 10:27 p.m. Oct. 18.

Filed Under: U.S. Department of Energy, Y-12 Security Breach Tagged With: C. Clifford Shirley Jr., Greg Boertje-Obed, Highly Enriched Uranium Materials Facility, Megan Rice, Michael R. Walli, motions, protesters, security breach, U.S. District Court, Y-12 National Security Complex

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