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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

Y-12 protesters ask federal judge to delay Oct. 10 trial

Posted at 5:25 pm August 29, 2012
By John Huotari Leave a Comment

Megan Rice and Michael R. Walli

Anti-nuclear weapons activists Megan Rice and Michael R. Walli leave U.S. District Court in Knoxville after an Aug. 9 arraignment on charges of trespassing, property depredation, and property destruction at the Y-12 National Security Complex. A third protester, Greg Boertje-Obed, remains jailed in Blount County.

Two anti-nuclear weapons activists arrested in July in a high-security area at the Y-12 National Security Complex have asked a federal judge to delay their trial date.

The protesters now face an Oct. 10 trial before U.S. District Court Judge Thomas W. Phillips in Knoxville.

But in motions filed Wednesday, two of the protesters—Greg Boertje-Obed and Megan Rice—said the evidence in the case is voluminous, and it involves significant and complex issues, including national security and First Amendment issues.

[Read more…]

Filed Under: U.S. Department of Energy, Y-12 Security Breach Tagged With: anti-nuclear weapons activists, Francis L. Lloyd Jr., Greg Boertje-Obed, Highly Enriched Uranium Materials Facility, Megan Rice, Michael R. Walli, protesters, security breach, U.S. District Court, Y-12 National Security Complex

Y-12 protesters face new felony charges, judge releases two

Posted at 8:52 pm August 3, 2012
By John Huotari 3 Comments

Note: This story was last updated at 1:14 p.m. Aug. 4.

KNOXVILLE—New felony property destruction charges were filed Friday against three anti-nuclear weapons activists who allegedly sneaked into the Y-12 National Security Complex on Saturday, and U.S. Magistrate Judge C. Clifford Shirley agreed to release two of the defendants.

The new charges carry stiffer penalties than the previously filed misdemeanor trespassing charges, including up to five years in prison, three years of supervised release, and a $250,000 fine.

The new charges were filed against Greg Boertje-Obed, Megan Rice, and Michael R. Walli, who have been detained at the Blount County Corrections Facility after being arrested at about 4:30 a.m. Saturday in the high-security Protected Area on the west end of Y-12.

[Read more…]

Filed Under: Police and Fire, U.S. Department of Energy, Y-12 Security Breach Tagged With: Greg Boertje-Obed, Megan Rice, Michael R. Walli, protesters, security breach, Transform Now Plowshares, trespassing, U.S. District Court, Y-12 National Security Complex

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