Oak Ridge Today

U.S. attorney: Y-12 security compromises will be vigorously prosecuted

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Bill Killian

William C. “Bill” Killian

U.S. Attorney William C. “Bill” Killian commended the sentences given to the three Y-12 protesters on Tuesday, and he said he hoped it would send a strong message.

“The Y-12 National Security Complex plays a critical role in our country’s national defense,” Killian said in a Wednesday statement. “People cannot take the law into their own hands and unlawfully intrude upon sensitive government facilities. Those who violate the law and compromise the security of the Y-12 National Security Complex will be vigorously prosecuted.”

The three anti-nuclear weapons activists were convicted of sabotage in May 2013 for breaking into Y-12 on July 28, 2012, cutting through high-security fences, and splashing blood and spray-painting slogans on the Highly Enriched Uranium Materials Facility. The fortress-like HEUMF stores most of the nation’s bomb-grade uranium. [Read more…]

Y-12 protesters: Nun sentenced to three years, men receive five

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Bill Quigley, Michele Naar-Obed, and Chris Irwin

Defense attorney Bill Quigley, left; Michele Naar-Obed, wife of Y-12 protester Greg Boertje-Obed; and defense attorney Chris Irwin, center right, after a sentencing hearing in Knoxville on Tuesday.

Note: This story was last updated at 10:20 a.m. Feb. 19.

KNOXVILLE—The three protesters who broke into the Y-12 National Security Complex in July 2012 and splashed human blood and spray-painted slogans on a uranium storage building were sentenced to three to five years in prison on Tuesday.

Megan Rice, an 84-year old Catholic nun who last lived in Washington, D.C., received the shortest sentence. She was sentenced to 35 months, or just under three years. Rice is the oldest of the three anti-nuclear weapons activists. She also has the least extensive criminal history, Judge Amul R. Thapar said during a 4.5-hour sentencing hearing in U.S. District Court in Knoxville on Tuesday afternoon.

The other two protesters, Greg Boertje-Obed and Michael Walli, both were sentenced to 62 months, or a little more than five years. They have more extensive prior records. Boertje-Obed is a 58-year-old house painter from Duluth, Minn., and Walli is a 64-year-old Catholic worker and Vietnam veteran from Washington, D.C. Thapar said Boertje-Obed has 40 arrests and more than 20 convictions, and he has previously served time in prison. So has Walli. He was released on Jan. 5, 2012—about six months before the break-in—after an eight-month federal sentence for an earlier trespassing incident at Y-12.

“What do I do when eight months didn’t deter him?” Thapar asked defense attorney Chris Irwin. “It’s getting worse, not better.” [Read more…]

Sentencing for Y-12 protesters now consolidated, starts later Tuesday afternoon

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Y-12 Plowshares Protesters

Pictured above are the three anti-nuclear weapons protesters who broke into the Y-12 National Security Complex on July 28, 2012, and vandalized a uranium storage building. From left, they are Michael Walli, Megan Rice, and Greg Boertje-Obed.

A federal judge has delayed for about an hour the Tuesday afternoon sentencing hearing for the three anti-nuclear weapons activists who cut through high-security fences and splashed human blood and spray-painted slogans on a uranium storage building at the Y-12 National Security Complex in July 2012.

The three protesters—Greg Boertje-Obed, Megan Rice, and Michael Walli—had originally been scheduled to have separate hearings starting at noon today (Tuesday) and continuing through 4 p.m. But in an order filed Tuesday morning, U.S. District Judge Amul R. Thapar said he would consolidate some aspects of the court’s analysis and allow all three defendants to remain in the courtroom during all three sentencing hearings.

The joint sentencing hearing will now start at 1:30 p.m. today (Tuesday) in U.S. District Court in Knoxville.

An earlier consolidated sentencing hearing on Jan. 28 was delayed due to snow. [Read more…]

Y-12 protesters to be sentenced in three hearings Tuesday

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The Fruit of Justice is Peace Slogan on HEUMF at Y-12

Three anti-nuclear weapons activists who sneaked into the Y-12 National Security Complex on July 28, 2012, splashed human blood and, quoting Proverbs, sprayed paint on the Highly Enriched Uranium Materials Facility. The protesters also hammered the building, causing it to chip, and strung up crime scene tape. (Submitted photo)

The three anti-nuclear weapons activists who cut through high-security fences and splashed human blood and spray-painted slogans on the side of a uranium storage building at the Y-12 National Security Complex in July 2012 will be sentenced in three separate hearings in Knoxville on Tuesday.

Their earlier consolidated sentencing hearing on Jan. 28 was delayed due to snow.

U.S. District Judge Amul R. Thapar has ordered that Michael Walli, a 64-year-old Catholic worker from Washington, D.C., be sentenced at 12 p.m. Tuesday in U.S. District Court in Knoxville. Walli is facing the longest potential sentence, a range of about seven to nine years, for the damage caused during the unprecedented security breach.

Greg Boertje-Obed, a 58-year-old painter from Duluth, Minn., will be sentenced next, at 2 p.m. His recommended sentence is roughly six to eight years. [Read more…]

Judge says Y-12 protesters not contrite as snow delays sentencing

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Y-12 Plowshares Protesters

Pictured above are the three anti-nuclear weapons protesters who broke into the Y-12 National Security Complex on July 28, 2012, and vandalized a uranium storage building. From left, they are Michael Walli, Megan Rice, and Greg Boertje-Obed.

KNOXVILLE—The three protesters who cut through fences and vandalized a uranium storage building at the Y-12 National Security Complex in July 2012 have not shown contrition or accepted responsibility for what they’ve done, a federal judge said during a Tuesday sentencing hearing.

The three anti-nuclear weapons activists—Greg Boertje-Obed, Megan Rice, and Michael R. Walli—have acknowledged that they splashed human blood, hung crime scene tape, and hammered on the side of the Highly Enriched Uranium Materials Facility on July 28, 2012. They have freely given interviews to reporters and admitted that they spray-painted slogans—they called them “Biblical graffiti”—on the side of the HEUMF, which stores most of the nation’s bomb-grade uranium.

But acknowledging their actions is not the same as contrition, U.S. District Judge Amul R. Thapar suggested during a Tuesday sentencing hearing at the Howard H. Baker Jr. Courthouse in Knoxville. To accept responsibility, the trio would have to show contrition and remorse, and acknowledge that what they did was wrong, Thapar said.

However, the defendants have fought the government at every step in the 18-month-old case, the judge said. [Read more…]

Federal judge orders Y-12 protesters jailed until September sentencing

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Y-12 Plowshares Protesters

Pictured above are the three anti-nuclear weapons protesters who broke into the Y-12 National Security Complex and vandalized a uranium storage building on July 28. From left, they are Michael Walli, Megan Rice, and Greg Boertje-Obed.

The three protesters who broke into the Y-12 National Security Complex in July and vandalized a uranium storage building must stay in jail until they are sentenced Sept. 23, a federal judge said Friday.

The three protesters—Greg Boertje-Obed, 57; Megan Rice, 83; and Michael Walli, 64—had sought to be released until their sentencing hearings this fall. They each face up to 30 years in prison.

But U.S. District Judge Amul R. Thapar denied that request in a four-page order filed late Friday afternoon. [Read more…]

Y-12 protesters guilty of two federal charges, jailed overnight

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The Fruit of Justice is Peace Slogan on HEUMF at Y-12

Three anti-nuclear weapons activists who sneaked into the Y-12 National Security Complex on July 28 splashed human blood and, quoting Proverbs, sprayed paint on the Highly Enriched Uranium Materials Facility. The protesters also hammered the building, causing it to chip, and strung up crime scene tape. (Submitted photo)

KNOXVILLE—The Catholic nun, house painter, and laborer who broke into the Y-12 National Security Complex in July and splashed human blood and spray-painted slogans on a uranium storage building were found guilty on two federal counts Wednesday, one charging them with property depredation of more than $1,000 and the other alleging they willfully injured national defense premises.

The three protesters—Megan Rice, 83; Michael R. Walli, 64; and Greg Boertje-Obed, 57—were taken to the Blount County jail after the verdict was read at the end of a two-day trial in U.S. District Court in Knoxville. Dozens of courtroom supporters sang softly as the three anti-nuclear weapons activists were taken into custody after about 2.5 hours of deliberations by the nine men and three women on the jury panel.

Boertje-Obed, Rice, and Walli have a detention hearing on Thursday morning. Each faces up to 30 years in prison. [Read more…]

Judge says prosecution against Y-12 protesters not selective, vindictive

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A federal judge on Tuesday dismissed claims by three anti-nuclear weapons activists who broke into the Y-12 National Security Complex in July that a so-called sabotage charge filed against them in December was the result of vindictive and selective prosecution.

The defendants had asked the U.S. District Court in Knoxville to dismiss that charge, which carries a potential prison sentence of up to 20 years. They alleged government prosecutors sought the new charge because they had earlier refused to plead guilty to less serious charges. [Read more…]

Y-12 protesters can’t use necessity, Nuremberg defenses at Tuesday trial

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Y-12 Plowshares Protesters

Pictured above are the three anti-nuclear weapons protesters who broke into the Y-12 National Security Complex on July 28. From left, they are Michael Walli, Megan Rice, and Greg Boertje-Obed.

The three protesters accused of sneaking into the Y-12 National Security Complex and vandalizing a uranium storage building in July will not be able to argue during their trial next week that they violated federal laws in order to achieve a greater good, a judge said.

It’s what is known as a necessity defense, and it only applies in rare situations, U.S. District Judge Amul R. Thapar said in an opinion and order filed Tuesday. It allows a defendant to avoid a conviction even when the government has proven all the elements of an offense.

Thapar said the three anti-nuclear weapons activists—Greg Boertje-Obed, Megan Rice, and Michael Walli—did not have any evidence to establish three of the four required elements of the necessity defense, including a “reasonable fear of death or serious bodily injury due to a present, imminent, and unlawful threat.”

[Read more…]

Court will not limit time for jury examination in Y-12 protester case

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A federal judge will not limit the time used to examine prospective jurors during jury selection on May 6 in the trial against three anti-nuclear weapons activists accused of breaking into the Y-12 National Security Complex last summer and vandalizing a uranium storage building.

As previously reported, attorneys for the defendants—Greg Boertje-Obed, Megan Rice, and Michael Walli—had asked for six hours for jury selection because of the publicity the unprecedented security breach has generated. [Read more…]

Former attorney general says Y-12 work unlawful, nuclear weapons should be eliminated

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Ramsey Clark

Ramsey Clark

Note: This story was updated at 3:54  p.m.

KNOXVILLE—A former U.S. attorney general who said he has been involved in many cases that address the legality and wisdom of the nation’s nuclear arms policy on Tuesday said he supported the mission of the three protesters who broke into the Y-12 National Security Complex in July, splashing blood and spray-painting slogans on a building that stores most of the country’s bomb-grade uranium.

“I agree absolutely with their purpose, which is to eliminate nuclear weapons,” said Ramsey Clark, who was U.S. attorney general from 1967-1969.

The three protesters—Greg Boertje-Obed, Megan Rice, and Michael Walli—face a May 7 trial in U.S. District Court in Knoxville. Clark could testify for them. [Read more…]

Closed-circuit TV may be used for jury selection in Y-12 protester case

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Y-12 Plowshares Protesters

Pictured above are the three anti-nuclear weapons protesters who broke into the Y-12 National Security Complex on July 28. From left, they are Michael Walli, Megan Rice, and Greg Boertje-Obed.

There could be 70 potential jurors during jury selection for the May 7 trial against three protesters accused of breaking into Y-12 National Security Complex last summer, so supporters and reporters might not be allowed in the courtroom.

One defense attorney said there would be a problem fitting everyone into even the largest courtroom in U.S. District Court in Knoxville, but another said jury selection is part of the trial and should be open to the public.

U.S. District Judge Amul R. Thapar said federal officials may try to set up a closed-circuit television system for jury selection, which could last several hours. [Read more…]