http://www.bismarcktribune.com/articles/2006/09/15/news/local/120865.txt
Three men convicted in missile vandalism case
Bismarck Tribune By JENNYMICHAEL A federal jury has found three men guilty of breaking into and vandalizing a missile silo site in northwestern North Dakota.
Carl Kabat, 72, Greg Boertje-Obed, 51, and Michael Walli, 57, were convicted of destruction of government property Thursday for the June 20 vandalism to the Minuteman III missile silo site near Garrison. The three men admitted during the course of the two-day trial to dressing up as clowns, breaking into the missile silo site, spray-painting messages on cement surrounding the underground silo, splattering their blood on the site and pounding on the silo lid with hammers. The jury went into deliberations in the case at around 2 p.m. Court officials announced about an hour and a half later that the jury had reached a verdict. At about 3:45 p.m., the jury foreman delivered the unanimous guilty verdict to U.S. District Court Judge Daniel Hovland. The defendants, their attorneys and the dozens of people who came in support of the defendants showed little reaction as the verdict was read. The three men each face up to 10 years in prison, $250,000 in fines or both. After dismissing the jury, Hovland told Kabat, Boertje-Obed and Walli they will not be sentenced until a presentence report is complete. Hovland scheduled sentencing for 1:30 p.m. Dec. 4. The men have been held in several jails since their arrest. Most recently, they have been in the custody of the Burleigh County Detention Center. Hovland told them they could be released from jail if they would promise to appear at all court proceedings. He said if they could not promise that, he would allow them to stay in a local halfway house if they promised to obey the rules. "They essentially require that you be good," Hovland said of halfway house rules. He told them they could do more good in a halfway house than sitting in jail. Kabat, who represented himself in the case with the assistance of Bismarck attorney Mandy Maxon, said he would not make any such agreements with the court and also told Hovland he would not cooperate with the probation officer assigned to conduct the presentence report. "I will not promise anything or sign anything,"said the Catholic priest, who appeared in court wearing his white collar. Boertje-Obed, who represented himself with the assistance of Bismarck attorney Jeffrey Weikum, said he will not cooperate with the rules of a halfway house because it is part of the "unjust" court system. Walli, who was represented by New Orleans attorney and Loyola University professor Bill Quigley and Salt Lake City attorney Daniel Gregor, said he would also not cooperate with the rules of a halfway house. Hovland said Kabat, Boertje-Obed and Walli will be held in the Burleigh County Detention Center until sentencing. The trial for the three nuclear-weapon protesters began with a morning-long jury selection Wednesday. That afternoon, both sides made their opening statements and the prosecution presented its case. Assistant U.S. Attorney Clare Hochhalter said after the trial the case was "very unusual" compared to those usually tried in the federal courthouse. The prosecutor said he enjoyed visiting with the defendants and defense attorneys during court proceedings. "They had great counsel," he said. But "an attorney is limited by what evidence he has to work with." Hochhalter said he had respect for what the defendants believe. He said he would defend their right to express those beliefs, as long as their actions are "within the bounds of the law." Thursday morning, the defense presented its case. All three defendants testified, and each defendant also had a character witness testify on his behalf. Hochhalter chose not to cross-examine the defense witnesses. As they did in their opening statements Thursday, the defendants and their attorneys did not deny the government's allegations against them. Instead, they tried to appeal to the jurors' "consciences" to explain justification for their actions. Kabat admitted to "rambling" during his 50 minutes testimony, during which he was questioned by Quigley. Kabat first spoke of his early years growing up on a southern Illinois farm, then spoke about his missionary work to the Philippines and Brazil in the 1960s and 1970s. Several of the jurors began taking notes when Kabat started talking about the first time he was arrested for a protest. In all, Kabat said he has spent 16 years in prison for protesting nuclear weapons. Kabat said he has tried other ways of protesting nuclear weapons, such as writing letters to Congress and participating in rallies. "We don't claim to say that we have the way" that will be successful in protesting nuclear weapons, he said. "I don't know what the answer is, how to do it." Kabat also explained why the men dressed in clown suits. He said they were being "fools for God and humanity." "We're fools, we're, we're nutballs," he said. Walli's testimony lasted about 20 minutes. He told about growing up an "impressionable"youth who was convinced by a family member to enlist in the military before he could be drafted to serve in the Vietnam War. He said he served two and a half years in that conflict, and he discovered his religious feelings after he returned. He said he has been involved with missionary and volunteer work since then. Walli said he has always admired the people who took part in nuclear weapons protests and was asked to be part of the protest in North Dakota. "The opportunity presented itself," he said. Boertje-Obed read a short statement to the jury in which he admitted that he was one of the men involved in the incident at the missile site. He also showed a photo of his 11-year-old daughter, which he left at the site. "Our action was for the sake of children's futures," he said. Michele Naar-Obed, Boertje-Obed's wife, testified on behalf of Walli, whom she said has lived with her family for several years. Michael Miles, of Wisconsin, also testified on behalf of Walli. Bill Sulzman, of Colorado, spoke for Kabat. The three witnesses, who were examined by Gregor, described their relationships with the defendants and described them as men of conviction. After a recess for lunch, Hovland gave the jury its instructions. Then, both sides gave their closing arguments. Hochhalter told the jury in a short statement that the evidence showed the men were guilty of traveling to the site and breaking into it. "And they did do damage there," he told the jury. He told the jury to evaluate the evidence of the case as was required of them and to not evaluate the men's motives for their actions. "And really, that's all that's required of you to find the defendants guilty," he said. Kabat and Boertje-Obed gave their own closing arguments, which were substantially similar to their opening statements the day before. Kabat implored the jurors to "be the conscience of the community here, the state and the country." Boertje-Obed said the value of the missile silo should not be considered because he and the others considered the missile system to be of "negative value." Quigley spoke for Walli in a closing argument that was nearly 20 minutes long. He told jurors that the prosecution had not proved beyond a reasonable doubt that damage had been done in amounts of more than $1,000. He told them the damage done may be substantially less than the more than $14,000 the prosecution claimed. Displaying the damaged lid of the silo, he asked the jurors, "Is this $16,000 worth of damage?" Quigley said after the trial the question of how much damage was actually done was not brought up in cross examination of prosecution witnesses Wednesday because "that was a decision the defendants made in timing when they wanted to bring it up." Quigley also told the jurors the men's actions were more in line with someone breaking a vending machine to feed hungry people during Hurricane Katrina than it was with someone stealing a television or committing other criminal acts. In a brief rebuttal, Hochhalter said the defendants may have had a motive, but that did not justify their actions. "Actions such as these defendants took are not lawful," he said. Hochhalter told the jurors the prosecution had shown them damage to the silo lid before and were not trying to hide it from them. He told them they would have the opportunity to look at that and other evidence in the jury room if they so chose. "It's the evidence that helps you determine the facts,"he said. Comments about motives against nuclear weapons and other such statements are often not allowed in the courtroom. Hochhalter said after the trial that Hovland had ruled earlier that such defenses were irrelevant. However, he let the defendants discuss the motives anyway. "He was attempting to be as fair as possible," Hochhalter said. "I think it was a good thing for him to do." "I'm disappointed that the law was followed and justice was not done," Gregor said. Quigley predicted the men will someday be held in the same esteem as Martin Luther King, Jr. or the members of the Boston Tea Party. He said the missile silo site may someday hold a monument to Kabat, Boertje-Obed and Walli. "History is going to have a dramatically different judgement on them than what happened today in court," he said.
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