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Title: Hard Time
Author: L.A. Kauffman
Date: June 2001
Language: en
Topics: Free Radical, political repression, eco-defense
Source: https://web.archive.org/web/20021205062347/http://www.free-radical.org/issue17.shtml
Notes: Issue #17 of Free Radical

L.A. Kauffman

Hard Time

The clampdown continues: On June 11, Jeff Luers, a 22-year-old radical

environmentalist who goes by the activist name Free, was sentenced to a

jaw-dropping 22 years and 8 months in prison for two arson incidents in

Eugene, Oregon. His co-defendant, Craig "Critter" Marshall, is serving 5

Β½ years, after having accepted an earlier plea-bargain in the case.

"It just tore a piece of me out," said my friend B., who spent many days

and nights in a treesit with Free, 200 feet above the ground in a stand

of ancient Douglas firs about 25 miles east of Eugene, as part of an

ongoing campaign to prevent logging in the Fall Creek watershed. "This

guy is like a gift to humanity – I mean it, full on, a gift to this

world – and this is what they do to him: he's buried alive."

To the authorities – and much of the general public, no doubt – Free is

an eco-terrorist, pure and simple. Before his sentencing, the young

activist admitted lighting a June 2000 blaze at Eugene's Romania

Chevrolet dealership, which destroyed three pickup trucks, causing

$40,000 in damage. (Most of his sentence – 15 years, with no possibility

of parole – is for this incident.) Free was also convicted of attempting

to ignite an empty gasoline tanker at Tyree Oil Company in May 2000,

which he denies.

"I want to make clear why I set a fire at Romania Chevrolet," Free told

the court. "I didn't do this for anarchy or because I'm anti-government.

And I didn't do this because I enjoy property destruction. I don't. I

did this because I'm frustrated that we are doing irreversible damage to

our planet, our home.... I'm not going to justify my actions. I can't do

that any more than one can justify the destruction of the environment

for profit. They are both wrong. I take responsibility for what I've

done."

Jeff Luers was 19 when he hopped a freight train to Eugene from Los

Angeles in the spring of 1998. He was already interested in

environmental issues, having worked as a canvasser for Greenpeace. But

raising money door-to-door didn't satisfy his growing political passion.

Once in Oregon, he quickly volunteered to be the first treesitter for

the nascent Fall Creek campaign.

Living high in the ancient forest canopy transformed him – and a great

many other activists, perhaps several hundred in all, who spent time in

Fall Creek over the ensuing years, supporting a treesit village that

came to be called Red Cloud Thunder. The media clichΓ© of "Eugene

anarchists" misses one of the most important radicalizing influences on

the area's activist scene: the forest encampment 25 miles outside of

town.

"Fall Creek was a turning point for the movement in a lot of ways, and

Free helped make it that way," says B. "There was a new generation of

punks and anarchists coming into the woods, a lot of young blood, and a

lot of city activists, getting out of the city into the woods, making

those connections, and bringing a really anarchist perspective to the

movement."

Explains Warcry, a New York activist who befriended Free at Fall Creek,

"Coming from urban places, you see this phenomenal natural beauty – a

majestic, primeval world of old-growth – and a kind of entrancing,

eye-opening relationship takes place between you and that natural

wonder. You realize, without too much rhetoric, exactly why you're there

and what you're defending and what you're protecting, and you start to

identify with it."

I arrived in Fall Creek on Free's 38th day in the trees, in May 1998. I

was deeply involved at the time in the direct-action fight to preserve

New York City's community gardens; we were borrowing tactics from Earth

First! forest blockades, and I was visiting Oregon to check out some

backwoods actions firsthand.

There were seven people in the camp at that point: three in the trees,

three on the ground, and to my surprise and delight, B., shuttling back

and forth. He tried to convince me to climb up and see the elaborate

platforms that Free and the other sitters had built, but I was too

chicken. Instead, I watched with amusement as they winched up an old

exercise bike – apparently, one's legs get all rubbery up there from

disuse – and then with trepidation as they strung traverse lines from

tree to tree.

I wouldn't have actually met Free at all were it not for the appalling

personal hygiene of the camp cook, who never washed his hands and

consequently gave everyone who ate one particular dinner (I didn't touch

it) a nasty case of food poisoning. Free was so sick, the poor guy, that

he felt compelled to come down for a short time from his tree. In my

brief and haunting memory of him, he's quiet and very pale – exactly how

the Portland newspaper described his demeanor when he was convicted.

"When these kids are reacting [to environmental destruction] with

sabotage or whatever," says Warcry, "it seems like, oh, they're crazy,

they're vandals. But there's no context about why they feel as deeply as

they do, what they see disappearing, what they see threatened. They know

their future is fucked, they realize that, and they may not always have

an in-depth economic analysis, but they know that they're not the ones

in control and they're reacting to it with whatever targets there are

available."

The disparity between the scale of Free's crime and the length of his

sentence has left his friends and supporters stunned and outraged. "I

think it's pretty obvious that, yeah, he fucked up, but he doesn't

deserve to be robbed of his entire life," says Warcry. "Maybe [what he

did] is criminal mischief or vandalism or something, and he should be

accountable for that, but I hardly think 23 years is a sane way to hold

him accountable."

It seems clear, though, that Free is being held accountable for

something well beyond those three pickup trucks he destroyed.

Particularly over the last year (when Free was, it should be noted, in

jail awaiting trial), there has been a steady escalation in ecological

arson in the United States. Most recently, on May 21, underground cells

of the Earth Liberation Front (ELF) burned down a tree farm in Oregon

and a horticultural center at the University of Washington that were

engaged in genetic engineering research; the combined damage estimates

topped $5 million. A week later, ELF pointedly published a manual on its

website, "Setting Fires With Electrical Timers," that promises

"down-to-earth advice and comprehensive how-tos about devices, fuel

requirements, timers, security and more."

"The intent with [Free?s] sentence was definitely to set an example to

deter other actions, but I don't really think that it's going to have a

big effect on the continuation of acts of economic sabotage," says Gumby

Cascadia of the Free & Critter Legal Defense Committee in Eugene. "I

think that what it does is it makes people understand the deadly

seriousness of choosing to do that kind of action, and it may weed out

the people who think it's a game from those who are really serious."

Prosecutorial overkill is becoming more common for much milder actions,

too; the stakes are getting higher everywhere.

Two Denver activists, Doug Bohm and David Martin, were recently jailed

after refusing to answer a grand jury's questions about some vandalism

that took place at a Kohl's store during an anti-sweatshop demonstration

last December, when four people dressed in Santa suits damaged thousands

of dollars of clothing with spraypaint. The two men may serve as much as

six months unless they testify.

In Northern California, a 19-year-old Earth First!er, David Wehrer, is

facing eight counts of felony child endangerment and eight misdemeanor

charges of contributing to the delinquency of a minor for taking eight

students, aged 15 to 17, to a backwoods protest against Pacific Lumber

Company, where they were arrested for trespassing.

Twenty-six activists were sentenced to six-month federal prison terms in

May for trespassing at the U.S. Army's notorious School of the Americas

during a nonviolent civil disobedience protest organized last year by

SOA Watch.

And of course there's the famous case of the Vieques Four – the Rev. Al

Sharpton, Bronx Democratic Party chair Roberto Ramirez, and New York

City politicians Adolfo Carrion and Jose Rivera – who (along with many

less famous protesters) are doing 40 to 90 days in federal prison for

trespassing nonviolently on the Navy's Puerto Rican bombing range.

Free plans to appeal his case, while Critter hopes to qualify for a boot

camp that could reduce his sentence to two years. "A lot of us are in

shock, we're at a loss, because it's such a harsh sentence," says

Warcry, "but we're also trying to gather ourselves and strategize."