Amerikaanse rechter wil jonge nertsenbevrijder 2 jaar de cel in - Verdediging vindt 6 maanden met aftrek 4.5 maanden voorarrest op z'n plaats

Judge wants to send message in mink-raid case

13-11-2009 By Emiley Morgan, Deseret News, USA


When attorneys walked into a courtroom Thursday for the hearing of a man who raided a South Jordan mink farm, they were expecting a sentence of six months, tops.

The defense wanted six months with credit for the four-and-a-half months already served. They wanted their 23-year-old client back in school by January. Prosecutors asked for six months, as well. But U.S. District Judge Dee Benson said he's inclined to sentence the man to more than two years.

"Given what I know, there was way too much threat and terror," Benson said. "I can't be as lenient as six months. I'm inclined to go … to two years, maybe more. This sentence has got to be a deterrent, a message sent to other people."

William James Viehl pleaded guilty to one charge of damaging and interfering with animal enterprises in September in a raid of the McMullin mink farm in South Jordan. He was initially indicted with Alex Hall, 21, on two counts, as prosecutors allege that the men carried out the South Jordan raid and attempted another in Heber City.

Investigators believe the pair released as many as 650 mink in the raid and also vandalized a number of buildings on the property with phrases such as "No More Mink, No More Murder" and "ALF: We Are Watching." Images of this vandalism and other threatening statements posted on Viehl's MySpace page were used by prosecutors to demonstrate that Viehl's crime was more serious than a simple property-related offense.

"The crime that was committed was not random, it was targeted," said prosecutor John Huber. "The crime itself was designed to intimidate and inspire fear in the victims."

This was evident as Lindsey McMullin, a third-generation mink farmer who runs the family farm, explained the impact the incident has had on his family. At times, he took long pauses to control his emotions as he told the judge about the emotional "roller coaster" this has been for his family as they went from feeling violated to feeling empty to feeling anger. He said one of his sons often can't sleep at night because he's afraid there's someone on their land. His daughter often needs to be comforted, he said.

"Mr. Viehl, I hope down the road, when you have a family, that you never have to sit and explain to your daughter as she asks, 'Are they really going to watch us?' 'Where are they?' " McMullin said.
McMullin spoke of the 50 mink that died as a result of the raid, calling them the "unheard victims" in the case who died in a "cruel, thoughtless manner."

Viehl apologized to the McMullin family in court and assured them that they won't have to worry about him threatening them again.
"I understand how these things can be scary to a family, and I would never want my future family to go through that," he said.

Defense attorney Heather Harris said her client was "extremely imbibed by the ideology of the Animal Liberation Front," an animal-rights group that took credit for the raid and that Viehl had been corresponding with, even after he was incarcerated. She said he didn't realize the seriousness of his crime, but has since had a "change of attitude." She said he has been in communication with his mother, creating new goals, and has already found employment for when he is released.

But Benson said that this act was one of terrorism, and it affected not just one family, but an entire industry.

"I'm not unaware of the bigger picture here," the judge said. "It seems to me that these people, engaged in a lawful enterprise, are being terrorized. The sentence should not only reflect the seriousness of the offense, but also promote respect for the law and serve as an adequate deterrence to criminal conduct."

Benson also said he's inclined to order Viehl to pay the full $66,753 restitution, and the judge set a new sentencing hearing for Dec. 11. The maximum prison sentence on a charge of damaging and interfering with animal enterprises is up to five years in prison, a $250,000 fine and up to three years of supervised release.

Viehl had several supporters in the courtroom Thursday, one of whom burst into tears when she heard Benson's opinions. She and others expressed anger and frustration at Benson's decision.

Peter Young, who is associated with a number of area animal-rights groups, said he was sent to prison for two years in Wisconsin for his role in six mink raids. He said he didn't agree with the severity of the potential sentence, as Viehl would potentially get two years for one raid. He said Benson misinterpreted Viehl's motivation by stating that he meant to inflict terror.

"He was motivated by compassion for animals and that is the message that was lost today," Young said.

As for McMullin, he said his family was "very pleased" with the judge's statements.
"We have total confidence in Judge Benson, the prosecution and the judiciary … to ensure that the proper judgment will be measured out here to bring the message that acts of terrorism against law-abiding people, in our country cannot be condoned," McMullin said.

And, ultimately, he said, he'd like to see Viehl serve his time and then move on and become a productive citizen.
Hall faces the same charges and is scheduled to stand trial Dec. 7.

e-mail: emorgan@desnews.com

(Bron: http://www.deseretnews.com/)