Oak Ridge Today

Y-12 protesters to be sentenced Tuesday morning

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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. From left, they are Michael Walli, Megan Rice, and Greg Boertje-Obed.

The three protesters convicted on federal charges after sneaking into the Y-12 National Security Complex and splashing human blood and spray-painting slogans on a uranium storage building in July 2012 will be sentenced in U.S. District Court in Knoxville on Tuesday morning.

The sentencing hearing for the three anti-nuclear weapons activists—Greg Boertje-Obed, Megan Rice, and Michael R. Walli—is scheduled to begin at 9 a.m. Tuesday. The defendants will be sentenced individually after a joint hearing to hear witness testimony and objections to a pre-sentence report.

The government plans to call retired Brig. Gen. Rodney L. Johnson as a witness. He testified at the two-day trial in May, and he is the senior vice president and deputy general manager of security operations and emergency services at Y-12.

A Catholic nun, house painter, and laborer, Boertje-Obed, Rice, and Walli were convicted in May 2013 of destroying U.S. property and attempting to injure national defense premises. They acknowledged sneaking into Y-12 before dawn on July 28, 2012, and cutting through three fences in a high-security Protected Area before vandalizing the Highly Enriched Uranium Materials Facility, where most of the nation’s bomb-grade uranium is stored. But they said their unprecedented intrusion was peaceful, religiously motivated, and nonviolent, a symbolic disarming of Y-12. [Read more…]

Guest column: Peace activists deserve leniency; actions exposed dangerous security flaws

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Danielle Brian

Danielle Brian

By Danielle Brian, executive director of Project on Government Oversight

If justice is served Tuesday, a federal judge will exercise leniency when he sentences Sister Megan Rice, Greg Boertje-Obed, and Michael Walli for their non-violent protest at the Y-12 nuclear facility in Oak Ridge in July 2012.

The three peace activists did much more to raise awareness about the security gaps at Y-12 than any harm committed when they breached the compound’s outer fence.

Important lessons were learned about the nuclear weapons complex’s security failings and, more importantly, the failings were discovered through non-violent methods. [Read more…]

Guest column: U.S. Marshals place ‘Cone of Silence’ over Sr. Megan Rice

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Ralph Hutchison

Ralph Hutchison

By Oak Ridge Environmental Peace Alliance

The U.S. Marshals have placed a “cone of silence” over Sister Megan Rice, the 83-year-old defendant in the Transform Now Plowshares action who is being held in jail in Knoxville awaiting her sentencing on Tuesday, Jan. 28, in federal court in Knoxville on charges of sabotage and depredation of federal property. Her actual crime was embarrassing the federal government, along with Greg Boertje-Obed and Michael Walli, by sneaking into the nation’s ultra-secure Y-12 Nuclear Weapons Complex in Oak Ridge and painting peace slogans and pouring blood on the side of a warehouse that stores hundreds of tons of weapons-grade highly enriched uranium.

She has been in jail since a jury delivered a guilty verdict on the trumped-up charges in May 2013.

On Sunday, Jan. 26, Megan called local supporters to report that a phone interview that had been arranged with BBC-London had suddeny been denied. “They were so helpful here at the jail yesterday with making arrangements for the call,” she said, “and then tonight the woman was loud and rude and told me there would be no call. The U.S. Marshals were not allowing it.” [Read more…]

Y-12 protester temporarily released for funeral; officials don’t comment on whether she returned to prison

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Megan Rice and Michele Naar-Obed

Megan Rice, left, was convicted on two federal charges in May after breaking into the Y-12 National Security Complex on July 28, 2012, and vandalizing a uranium storage building with two other protesters. She was temporarily released last week to attend her brother-in-law’s funeral. Rice is pictured above outside U.S. District Court in Knoxville with Michele Naar-Obed, wife of one of the other protesters, Greg Boertje-Obed.

U.S. and Georgia officials did not respond to requests for comment on Tuesday and Wednesday on whether peace protester Megan Rice, who has been convicted of destroying government property at the Y-12 National Security Complex, returned to prison in the Peach State this week after a five-day release to attend the funeral of her brother-in-law in New York.

But on Tuesday, Ralph Hutchison, coordinator of the Oak Ridge Environmental Peace Alliance, said he assumed Rice had returned to the Irwin County Detention Center in Ocilla, Ga.

“I assume she reported, or we’d have heard from someone trying to locate her,” Hutchison said in a Tuesday evening e-mail. “I know she was returning to Atlanta last night en route to Ocilla. That’s the last I heard.” [Read more…]

Y-12 security failed to follow procedure, allowed driver to enter site, NNSA says

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Security Officers at Y-12 East Gate

Security police officers stand guard during an August 2012 peace protest at the east gate and main entrance to the Y-12 National Security Complex at Bear Creek and Scarboro roads.

Police officers at the Y-12 National Security Complex failed to follow established procedures when they allowed an Oak Ridge woman who did not have permission to be at the nuclear weapons plant to drive through the main entrance at Scarboro Road on Thursday morning, federal officials said.

Brenda L. Haptonstall, 62, told Oak Ridge police she was looking for a new, low-cost apartment complex and followed morning commuters through the east gate at the Y-12 National Security Complex at about 6:10 a.m. Thursday.

An Oak Ridge Police Department report said Haptonstall drove unhindered through the plant before she was stopped by security officers at the west gate. Haptonstall told ORPD Officer Roy J. Heinz that she thought there must have been a crash at Y-12 because there were “nice officers waving her through with illuminated flashlight cones,” the report 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 remain jailed while judge considers whether crimes violent

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Y-12 Protesters Detention Hearing

Michele Naar-Obed, wife of Y-12 protester Greg Boertje-Obed, and supporter Paul Magno, center, listen outside U.S. District Court on Thursday as supporter Bill Bichsel of Tacoma, Wash., talks to the media.

KNOXVILLE—The three protesters who broke into the Y-12 National Security Complex in July and vandalized a uranium storage building will remain jailed while a federal judge considers whether their crimes were violent.

Greg Boertje-Obed, Megan Rice, and Michael Walli were convicted of property depredation and willfully injuring national defense premises on Wednesday. They had a detention hearing Thursday morning. [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…]

Y-12 protester case goes to jury this 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. From left, they are Michael Walli, Megan Rice, and Greg Boertje-Obed.

Note: This story was last updated at 12:51 p.m.

KNOXVILLE—The case against three anti-nuclear weapons activists who broke into the Y-12 National Security Complex in July and vandalized a uranium storage building could go to a jury this afternoon.

The government rested its case yesterday, and the defense rested this morning after the three defendants—Greg Boertje-Obed, Megan Rice, and Michael Walli—testified.

The three acknowledge sneaking into Y-12 on July 28, cutting through high-security fences, and pouring blood and spray-painting biblical passages on the Highly Enriched Uranium Materials Facility, where most of the nation’s bomb-grade uranium is stored. But they say they were religiously motivated and peacefully protesting the plant’s nuclear weapons work, symbolically disarming the 811-acre plant. [Read more…]

Jury selection starts today for Y-12 protesters

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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.

Jury selection starts this afternoon in U.S. District Court in Knoxville for the three anti-nuclear weapons activists accused of breaking into the Y-12 National Security Complex in July and vandalizing a uranium storage building.

The jury selection starts at 1:30 p.m. in Courtroom 1A.

The case against Greg Boertje-Obed, Megan Rice, and Michael Walli starts Tuesday.

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…]