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abolition-usa-digest      Friday, March 24 2000      Volume 01 : Number 277




----------------------------------------------------------------------

Date: Fri, 24 Mar 2000 09:50:00 -0600
From: "Boyle, Francis" <[e-mail]>
Subject: (abolition-usa) St.Peter& Smith&Cain: Persecution of DU Plowshares:Putting Mark o f Cain on Smith

a lawyer died and went up towards heaven trying to get past the Pearly
Gates. He filed his Brief with St. Peter and made the best oral =
argument he
could. St. Peter ruled:"Admission denied!" The lawyer demanded an =
appeal.
St. Peter told him that he had one appeal as of right, but that the =
appeal
would take at least 2 years and that in the meantime he would have to =
go to
purgatory and appeal from there. So the lawyer began walking down the =
road
towards  purgatory somewhat apprehensively. While he was  on the road, =
the
devil caught up with the lawyer and told him:"Say, i can get you an =
appeal
down there in 30 days." "Oh really", said the lawyer," that is just =
great.
But please tell me why does it take 2 years to get an appeal in heaven =
and
only 30 days to get an appeal in hell?" The devil responded: " Because =
I
have most of the judges down there with me." fab

- -----Original Message-----
From: Boyle, Francis [mailto:[e-mail]]
Sent: Thursday, March 23, 2000 8:06 PM
To: Boyle, Francis; '''[e-mail]' ' ';
'''[e-mail]' ' ';
'''[e-mail]' ' '; '''[e-mail]' '
'; '''[e-mail]' ' '; '''[e-mail]' ' =
';
'''TP2000' ' '; '''Scottish CND' ' ';
'''[e-mail]' ' '
Cc: ''[e-mail]' '; ''[e-mail]' '
Subject: RE: Smith&Cain: Persecution of DU Plowshares:Putting Mark of
Cain on Smith
Importance: High


 Jonah House, 1301 Moreland Avenue, Baltimore, MD 21216
Ph: 410-233-6238 or [e-mail]

PRESS RELEASE--IMMEDIATE RELEASE March 23, 2000

CONTACT: Max Obuszewski 410-323-7200 or 410-377-7987 or =
[e-mail]
Jonah House 410-233-6238 or [e-mail]


VINDICTIVE JUDGE EXCEEDS SENTENCING GUIDELINES=20

IN PLOWSHARES TRIAL


WHO: On Sun., Dec. 19, Philip Berrigan and Susan Crane of Baltimore's =
Jonah
House, the Rev. Stephen Kelly, SJ, from New York City, and Elizabeth =
Walz, a
Catholic Worker from Philadelphia, calling themselves the Plowshares =
Vs.
Depleted Uranium, disarmed two A-10 Warthog [Fairchild Thunderbolt II]
aircraft. The aircraft were located at the Warfield Air National Guard =
base
in Middle River, Mary. Following Isaiah's vision of a disarmed world, =
the
activists hammered and poured blood on A-10s, because the Warthog, used
against Iraq and Yugoslavia, has a Gatling gun which fires depleted =
uranium
ammunition.

Baltimore County Circuit Court Judge James T. Smith Jr. effectively =
sealed
the fate of the Plowshares when, on March 13, he granted the =
prosecution's
motion for a gag order. The defendants would not be permitted to =
explain why
they disarmed the planes, nor to call expert witnesses. So as the trial
began on March 20 in circuit court in Towson, Maryland, the only issues =
of
contention would be a bogus assault charge against Crane and the =
severity of
the sentences handed out.

WHAT: The defendants elected to stay locked up and did not appear in =
court.
No closing statement was presented by the defense. After Assistant =
State's
Attorney Mickey Norman made his closing statement, which included a =
number
of disparaging comments, the case was in the hands of the jury.

After 4 =BD hours, the jury could not agree on the assault charge. So a
mistrial was declared on that charge, and the prosecutor chose not to =
re-try
that case. The four pacifists were convicted, however, of malicious
destruction of property--with a property damage of more than $300 and
conspiracy to maliciously destroy property. Judge Smith meted out the
following sentences. Each defendant was expected to pay restitution of =
=BC of
$88, 622.11, and should they want to be released pending appeal, each =
one
would have to post $90,000 cash bail. All were given prison sentences:
Walz-18 months, Crane and Kelly-27 months, and Berrigan-30 months.

WHEN: Thursday, March 23 at 4:15 PM

WHERE: Baltimore County Circuit Court

WHY: The prosecution was permitted to call an expert witness to testify =
as
to the damage done to the two A-10s. This expert, though, claimed to =
know
nothing about depleted uranium. Under cross-examination, he admitted =
the
military does not use that term. It is instead Armor Piercing =
Incendiary.

On March 22, when the defense called Doug Rokke, an acknowledged expert =
on
depleted uranium, Judge Smith found his testimony unsuitable. This =
convinced
the Plowshares Vs. Depleted Uranium that they would not be able to =
receive a
fair trial. As Phil Berrigan said, "The courts are identified with the
Pentagon and the government. There is no way nonviolent defendants can =
get a
serious hearing in this or any other courtroom." Why hand the rope for =
your
hanging to the hangman?

Some observers were disturbed by portions of the prosecutor's closing
statement. "The defendants have used you. ... One of the few things =
Jonathan
Katz [defense attorney] said that was right, 'Being misguided is not a
crime.'... You can hate them if you like, as they damaged $88,622.11 of
tax-payer money. ... If you do not convict them, that would make you as =
bad
as them." In impugning Crane, "She deceived even him" [Bishop Thomas
Gumbleton, her character witness.] In a jab at the Plowshares =
supporters, he
said "They tried to infect you during their demonstrations."

Prior to sentencing, Walz sent a note from jail. She asked to stay in =
the
Baltimore County Detention Center so that she could serve the women =
there. A
transfer to the Department of Corrections would be an upgrade in regard =
to
services available. So Smith acquiesced with her request. The others =
will be
sent to a Maryland Department of Corrections facility.=20

More than fifty supporters were shocked by the vindictiveness of Judge =
James
Smith. The prosecutor stated the sentencing guidelines: Walz-probation =
to
one month; Crane and Kelly-two to nine months; and Berrigan-six months =
to
one year. The judge took the sentences well beyond the guidelines,
justifying this because of the extent of the damage. More likely, he =
wanted
to get back at the defendants who refused to recognize his version of =
the
law.=20

During the jury deliberations, supporters demonstrated outside the
courthouse. One of the three alternate jurors, who were dismissed at =
the
conclusion of the case, passed by the demonstration with tears in his =
eyes.
When approached, he would only say, "Not guilty. Not guilty."

There have been more than 70 Plowshares actions. The first took place =
on
Sept. 9, 1980, when Philip and Daniel Berrigan and six others hammered =
on
nuclear nose cones at a General Electric plant in King of Prussia, =
Penn.
Philip Berrigan, Crane and Kelly were on federal probation for a =
previous
Plowshares disarmament, so that matter will be taken up after they =
serve
their Maryland sentences.

"They shall beat their swords into plowshares and their spears into =
pruning
hooks. One nation shall not raise the sword against another, nor shall =
they
train for war again." Isaiah 2:4


************************

 =20

- -----Original Message-----
From: Boyle, Francis
To: Boyle, Francis; ''[e-mail]' ';
''[e-mail]' '; ''[e-mail]' =
';
''[e-mail]' '; ''[e-mail]' ';
''[e-mail]' '; ''TP2000' '; ''Scottish CND' ';
''[e-mail]' '
Cc: '[e-mail]'; '[e-mail]'
Sent: 3/23/00 5:22 PM
Subject: Smith&Cain: Persecution of DU Plowshares:Putting Mark of Cain =
on
Smith

Smith gave Phil Berrigan 30 months. May the Mark of Cain be upon =
Smith's
head for the rest of eternity should Phil die in jail!
Francis A. Boyle
Professor of International Law


- -----Original Message-----
From: Boyle, Francis [mailto:[e-mail]]
Sent: Thursday, March 23, 2000 5:12 AM
To: Boyle, Francis; ''[e-mail]' ';
''[e-mail]' '; ''[e-mail]'
'; ''[e-mail]' '; ''[e-mail]' ';
''[e-mail]' '; ''TP2000' '; ''Scottish CND' ';
''[e-mail]' '; ''AALS Section on Minority
Grps. mailing list' '
Subject: [abolition-caucus] Persecution of DU Plowshares:Putting Mark =
of
Cain on Smith
Importance: High


This pathetic excuse for a Judge named Smith had better start thinking
long
and hard about what he is doing to Phil Berrigan here! Phil is THE =
MORAL
CONSCIENCE of our generation. Quite obviously, Smith fully intends to
send
Phil to prison after this sham of a kangaroo court proceeding. Phil =
will
probably die in prison. Phil's death in prison will be on the hands of
Smith
for the rest of eternity. Phil's death in prison will be the Mark of
Cain on
the forehead of Smith forever. We all know where Phil will be going
after
his death. Smith had better start thinking about where he will be going
after his death!
Francis A. Boyle
Professor of International Law
=20

- -----Original Message-----
From: Boyle, Francis
To: '[e-mail]'; '[e-mail]';
'[e-mail]'; '[e-mail]';
'[e-mail]'; '[e-mail]'; 'TP2000';
'Scottish CND'; '[e-mail]'; 'AALS Section
on
Minority Grps. mailing list'
Sent: 3/22/00 4:17 PM
Subject: Persecution of DU Plowshares Continues: Doug Rokke Press
Conference

Here in the United States of America--"..the land of the free, and the
home of the brave":=20
WAR IS PEACE
FREEDOM IS SLAVERY
IGNORANCE IS STRENGTH
WE ALL LOVE BIG BROTHER
=20
Francis A. Boyle
Professor of International Law
In the Nuclear Empire
- -----Original Message-----
From: Max Obuszewski [mailto:[e-mail]]=20
Sent: Wednesday, March 22, 2000 4:05 PM
To: Undisclosed Recipients
Subject: Doug Rokke Press Conference



Jonah House, 1301 Moreland Avenue, Baltimore, MD 21216
Ph: 410-233-6238 or [e-mail]

PRESS RELEASE--IMMEDIATE RELEASE March 22, 2000

CONTACT: Max Obuszewski 410-323-7200 or 410-377-7987 or
[e-mail]
Jonah House 410-233-6238 or [e-mail]


DEPLETED URANIUM EXPERT, NOT ALLOWED TO TESTIFY IN PLOWSHARES TRIAL, TO
HOLD PRESS CONFERENCE


WHO: On Sun., Dec. 19, Philip Berrigan and Susan Crane of Baltimore's
Jonah House, the Rev. Stephen Kelly, SJ, from New York City, and
Elizabeth Walz, a Catholic Worker from Philadelphia, calling themselves
the Plowshares Vs. Depleted Uranium, disarmed two A-10 Warthog
[Fairchild Thunderbolt II] aircraft. The aircraft were located at the
Warfield Air National Guard base in Middle River, Mary. Following
Isaiah's vision of a disarmed world, the
activists hammered and poured blood on A-10s, because the Warthog, used
against Iraq and Yugoslavia, has a Gatling gun which fires depleted
uranium ammunition.

Today, Crane's testimony was repeatedly interrupted by the objections =
of
Assistant State's Attorney Mickey Norman. He also asked her to name who
drove the activists to the air base. She refused to implicate anyone.

Jonathan Katz, representing Kelly, and Ramsey Clark, representing =
Crane,
argued that Doug Rokke, a Department of Defense expert on depleted
uranium, should be allowed to testify. Otherwise, the defendants could
present no defense as to the poisonous nature of depleted uranium. As
Clark argued, the jury would have nothing to base a decision on
regarding the defendants' study of DU. They could just as easy, Clark
noted, express a belief that they went to the air base to prevent an
attack by extra-terrestrials. It makes no sense to a jury to hear a
defendant say what s/he believes, and then not be allowed to present an
expert witness to provide context.

WHAT: Baltimore County Circuit Court Judge James T. Smith Jr.
reluctantly allowed Rokke on the stand, but sustained the prosecutor's
objections to each question asked of the witness. It became clear to =
the
defendants that they would not be permitted to raise a defense. So they
refused to continue. Supporters in the courtroom began speaking out, =
and
eventually the room was cleared when singing broke out.=20

Because of the importance of Rokke's testimony, he will be appearing at
a press conference to explain what he would said about the hazardous
nature of depleted uranium. A number of the Plowshares supporters will
also attend.


WHEN: Wednesday, March 22 at 6:00 PM

WHERE: 4806 York Road, AFSC-Baltimore headquarters


WHY: The defendants readily admit turning the Warthogs into plowshares,
but argue they acted without malice and criminal intent. Since they =
were
not permitted to present evidence as to their intent, they saw no =
reason
to continue.=20

On December 26, 1999, CBS 60 Minutes, the first large media outlet,
discussed the dangers of depleted uranium. Doug Rokke was a prominent
part of the show, as he actually produced for the Pentagon training
films on the handling of depleted uranium. The films were never used,
and Persian Gulf veterans told 60 Minutes that they were not trained in
the handling of DU. In fact, some of them believe their illnesses were
caused by DU.=20

Rokke has documents indicating the Department of War was aware of the
dangers of this ammunition as far back as 1943. He will also indicate
that he went to the White House before NATO's air war against =
Yugoslavia
to advocate that depleted uranium should not be used. His advice was
disregarded, and NATO planes shot DU ammunition in Yugoslavia.

The jury is expected to start deliberations tomorrow on the following
charges:malicious destruction of property--with a property damage of
more than $300-three years and/or $2,500 fine and conspiracy to
maliciously destroy property--maximum three years. Susan Crane is also
facing a second-degree assault charge, which carries a maximum sentence
of ten years imprisonment. Court will resume on Thursday, March 23, at
9:15 AM.

There have been more than 70 Plowshares actions. The first took place =
on
Sept. 9, 1980, when Philip and Daniel Berrigan and six others hammered
on nuclear nose cones at a General Electric plant in King of Prussia,
Penn.

Philip Berrigan, Crane and Kelly were members of the Prince of Peace
Plowshares, which disarmed an Aegis destroyer at the Bath [Maine] Iron
Works on Feb. 12, 1997. After Rev. Kelly served his sentence for the
Maine action and refused to cooperate with federal probation, federal
marshals were pursuing him.

"They shall beat their swords into plowshares and their spears into
pruning
hooks. One nation shall not raise the sword against another, nor shall
they
train for war again." Isaiah 2:4


************************


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------------------------------

Date: Fri, 24 Mar 2000 15:21:27 -0600
From: "Boyle, Francis" <[e-mail]>
Subject: (abolition-usa) Nuclear Sins: St.Peter& Smith&Cain: Persecution of DU Plowshares: Putting Mark of Cain on Smith

During the  course of the DU Plowshares persecution/trial, 76 year old Phil
Berrigan--nominated last year for the Nobel Peace Prize--was kept in
shackles despite his request to Smith/Cain  that the shackles be removed
because they were causing Phil pain. Phil suffers because of our nuclear
sins.
Francis A. Boyle
Professor of International Law

Francis A. Boyle
Law Building
504 E. Pennsylvania Avenue
Champaign, Ill. 61820
217-333-7954 (voice)
217-244-1478 (fax)
[e-mail] <mailto:[e-mail]>


- -----Original Message-----
From: Boyle, Francis
Sent: Friday, March 24, 2000 9:50 AM
To: Boyle, Francis; '''[e-mail]' ' ';
'''[e-mail]' ' ';
'''[e-mail]' ' '; '''[e-mail]' '
'; '''[e-mail]' ' '; '''[e-mail]' ' ';
'''TP2000' ' '; '''Scottish CND' ' ';
'''[e-mail]' ' '
Cc: ''[e-mail]' '; ''[e-mail]' '
Subject: St.Peter& Smith&Cain: Persecution of DU Plowshares:Putting Mark
of Cain on Smith
Importance: High


a lawyer died and went up towards heaven trying to get past the Pearly
Gates. He filed his Brief with St. Peter and made the best oral argument he
could. St. Peter ruled:"Admission denied!" The lawyer demanded an appeal.
St. Peter told him that he had one appeal as of right, but that the appeal
would take at least 2 years and that in the meantime he would have to go to
purgatory and appeal from there. So the lawyer began walking down the road
towards  purgatory somewhat apprehensively. While he was  on the road, the
devil caught up with the lawyer and told him:"Say, i can get you an appeal
down there in 30 days." "Oh really", said the lawyer," that is just great.
But please tell me why does it take 2 years to get an appeal in heaven and
only 30 days to get an appeal in hell?" The devil responded: " Because I
have most of the judges down there with me." fab

- -----Original Message-----
From: Boyle, Francis [mailto:[e-mail]]
Sent: Thursday, March 23, 2000 8:06 PM
To: Boyle, Francis; '''[e-mail]' ' ';
'''[e-mail]' ' ';
'''[e-mail]' ' '; '''[e-mail]' '
'; '''[e-mail]' ' '; '''[e-mail]' ' ';
'''TP2000' ' '; '''Scottish CND' ' ';
'''[e-mail]' ' '
Cc: ''[e-mail]' '; ''[e-mail]' '
Subject: RE: Smith&Cain: Persecution of DU Plowshares:Putting Mark of
Cain on Smith
Importance: High


 Jonah House, 1301 Moreland Avenue, Baltimore, MD 21216
Ph: 410-233-6238 or [e-mail]

PRESS RELEASE--IMMEDIATE RELEASE March 23, 2000

CONTACT: Max Obuszewski 410-323-7200 or 410-377-7987 or [e-mail]
Jonah House 410-233-6238 or [e-mail]


VINDICTIVE JUDGE EXCEEDS SENTENCING GUIDELINES

IN PLOWSHARES TRIAL


WHO: On Sun., Dec. 19, Philip Berrigan and Susan Crane of Baltimore's Jonah
House, the Rev. Stephen Kelly, SJ, from New York City, and Elizabeth Walz, a
Catholic Worker from Philadelphia, calling themselves the Plowshares Vs.
Depleted Uranium, disarmed two A-10 Warthog [Fairchild Thunderbolt II]
aircraft. The aircraft were located at the Warfield Air National Guard base
in Middle River, Mary. Following Isaiah's vision of a disarmed world, the
activists hammered and poured blood on A-10s, because the Warthog, used
against Iraq and Yugoslavia, has a Gatling gun which fires depleted uranium
ammunition.

Baltimore County Circuit Court Judge James T. Smith Jr. effectively sealed
the fate of the Plowshares when, on March 13, he granted the prosecution's
motion for a gag order. The defendants would not be permitted to explain why
they disarmed the planes, nor to call expert witnesses. So as the trial
began on March 20 in circuit court in Towson, Maryland, the only issues of
contention would be a bogus assault charge against Crane and the severity of
the sentences handed out.

WHAT: The defendants elected to stay locked up and did not appear in court.
No closing statement was presented by the defense. After Assistant State's
Attorney Mickey Norman made his closing statement, which included a number
of disparaging comments, the case was in the hands of the jury.

After 4 ╜ hours, the jury could not agree on the assault charge. So a
mistrial was declared on that charge, and the prosecutor chose not to re-try
that case. The four pacifists were convicted, however, of malicious
destruction of property--with a property damage of more than $300 and
conspiracy to maliciously destroy property. Judge Smith meted out the
following sentences. Each defendant was expected to pay restitution of ╝ of
$88, 622.11, and should they want to be released pending appeal, each one
would have to post $90,000 cash bail. All were given prison sentences:
Walz-18 months, Crane and Kelly-27 months, and Berrigan-30 months.

WHEN: Thursday, March 23 at 4:15 PM

WHERE: Baltimore County Circuit Court

WHY: The prosecution was permitted to call an expert witness to testify as
to the damage done to the two A-10s. This expert, though, claimed to know
nothing about depleted uranium. Under cross-examination, he admitted the
military does not use that term. It is instead Armor Piercing Incendiary.

On March 22, when the defense called Doug Rokke, an acknowledged expert on
depleted uranium, Judge Smith found his testimony unsuitable. This convinced
the Plowshares Vs. Depleted Uranium that they would not be able to receive a
fair trial. As Phil Berrigan said, "The courts are identified with the
Pentagon and the government. There is no way nonviolent defendants can get a
serious hearing in this or any other courtroom." Why hand the rope for your
hanging to the hangman?

Some observers were disturbed by portions of the prosecutor's closing
statement. "The defendants have used you. ... One of the few things Jonathan
Katz [defense attorney] said that was right, 'Being misguided is not a
crime.'... You can hate them if you like, as they damaged $88,622.11 of
tax-payer money. ... If you do not convict them, that would make you as bad
as them." In impugning Crane, "She deceived even him" [Bishop Thomas
Gumbleton, her character witness.] In a jab at the Plowshares supporters, he
said "They tried to infect you during their demonstrations."

Prior to sentencing, Walz sent a note from jail. She asked to stay in the
Baltimore County Detention Center so that she could serve the women there. A
transfer to the Department of Corrections would be an upgrade in regard to
services available. So Smith acquiesced with her request. The others will be
sent to a Maryland Department of Corrections facility.

More than fifty supporters were shocked by the vindictiveness of Judge James
Smith. The prosecutor stated the sentencing guidelines: Walz-probation to
one month; Crane and Kelly-two to nine months; and Berrigan-six months to
one year. The judge took the sentences well beyond the guidelines,
justifying this because of the extent of the damage. More likely, he wanted
to get back at the defendants who refused to recognize his version of the
law.

During the jury deliberations, supporters demonstrated outside the
courthouse. One of the three alternate jurors, who were dismissed at the
conclusion of the case, passed by the demonstration with tears in his eyes.
When approached, he would only say, "Not guilty. Not guilty."

There have been more than 70 Plowshares actions. The first took place on
Sept. 9, 1980, when Philip and Daniel Berrigan and six others hammered on
nuclear nose cones at a General Electric plant in King of Prussia, Penn.
Philip Berrigan, Crane and Kelly were on federal probation for a previous
Plowshares disarmament, so that matter will be taken up after they serve
their Maryland sentences.

"They shall beat their swords into plowshares and their spears into pruning
hooks. One nation shall not raise the sword against another, nor shall they
train for war again." Isaiah 2:4


************************



- -----Original Message-----
From: Boyle, Francis
To: Boyle, Francis; ''[e-mail]' ';
''[e-mail]' '; ''[e-mail]' ';
''[e-mail]' '; ''[e-mail]' ';
''[e-mail]' '; ''TP2000' '; ''Scottish CND' ';
''[e-mail]' '
Cc: '[e-mail]'; '[e-mail]'
Sent: 3/23/00 5:22 PM
Subject: Smith&Cain: Persecution of DU Plowshares:Putting Mark of Cain on
Smith

Smith gave Phil Berrigan 30 months. May the Mark of Cain be upon Smith's
head for the rest of eternity should Phil die in jail!
Francis A. Boyle
Professor of International Law


- -----Original Message-----
From: Boyle, Francis [mailto:[e-mail]]
Sent: Thursday, March 23, 2000 5:12 AM
To: Boyle, Francis; ''[e-mail]' ';
''[e-mail]' '; ''[e-mail]'
'; ''[e-mail]' '; ''[e-mail]' ';
''[e-mail]' '; ''TP2000' '; ''Scottish CND' ';
''[e-mail]' '; ''AALS Section on Minority
Grps. mailing list' '
Subject: [abolition-caucus] Persecution of DU Plowshares:Putting Mark of
Cain on Smith
Importance: High


This pathetic excuse for a Judge named Smith had better start thinking
long
and hard about what he is doing to Phil Berrigan here! Phil is THE MORAL
CONSCIENCE of our generation. Quite obviously, Smith fully intends to
send
Phil to prison after this sham of a kangaroo court proceeding. Phil will
probably die in prison. Phil's death in prison will be on the hands of
Smith
for the rest of eternity. Phil's death in prison will be the Mark of
Cain on
the forehead of Smith forever. We all know where Phil will be going
after
his death. Smith had better start thinking about where he will be going
after his death!
Francis A. Boyle
Professor of International Law


- -----Original Message-----
From: Boyle, Francis
To: '[e-mail]'; '[e-mail]';
'[e-mail]'; '[e-mail]';
'[e-mail]'; '[e-mail]'; 'TP2000';
'Scottish CND'; '[e-mail]'; 'AALS Section
on
Minority Grps. mailing list'
Sent: 3/22/00 4:17 PM
Subject: Persecution of DU Plowshares Continues: Doug Rokke Press
Conference

Here in the United States of America--"..the land of the free, and the
home of the brave":
WAR IS PEACE
FREEDOM IS SLAVERY
IGNORANCE IS STRENGTH
WE ALL LOVE BIG BROTHER

Francis A. Boyle
Professor of International Law
In the Nuclear Empire
- -----Original Message-----
From: Max Obuszewski [mailto:[e-mail]]
Sent: Wednesday, March 22, 2000 4:05 PM
To: Undisclosed Recipients
Subject: Doug Rokke Press Conference



Jonah House, 1301 Moreland Avenue, Baltimore, MD 21216
Ph: 410-233-6238 or [e-mail]

PRESS RELEASE--IMMEDIATE RELEASE March 22, 2000

CONTACT: Max Obuszewski 410-323-7200 or 410-377-7987 or
[e-mail]
Jonah House 410-233-6238 or [e-mail]


DEPLETED URANIUM EXPERT, NOT ALLOWED TO TESTIFY IN PLOWSHARES TRIAL, TO
HOLD PRESS CONFERENCE


WHO: On Sun., Dec. 19, Philip Berrigan and Susan Crane of Baltimore's
Jonah House, the Rev. Stephen Kelly, SJ, from New York City, and
Elizabeth Walz, a Catholic Worker from Philadelphia, calling themselves
the Plowshares Vs. Depleted Uranium, disarmed two A-10 Warthog
[Fairchild Thunderbolt II] aircraft. The aircraft were located at the
Warfield Air National Guard base in Middle River, Mary. Following
Isaiah's vision of a disarmed world, the
activists hammered and poured blood on A-10s, because the Warthog, used
against Iraq and Yugoslavia, has a Gatling gun which fires depleted
uranium ammunition.

Today, Crane's testimony was repeatedly interrupted by the objections of
Assistant State's Attorney Mickey Norman. He also asked her to name who
drove the activists to the air base. She refused to implicate anyone.

Jonathan Katz, representing Kelly, and Ramsey Clark, representing Crane,
argued that Doug Rokke, a Department of Defense expert on depleted
uranium, should be allowed to testify. Otherwise, the defendants could
present no defense as to the poisonous nature of depleted uranium. As
Clark argued, the jury would have nothing to base a decision on
regarding the defendants' study of DU. They could just as easy, Clark
noted, express a belief that they went to the air base to prevent an
attack by extra-terrestrials. It makes no sense to a jury to hear a
defendant say what s/he believes, and then not be allowed to present an
expert witness to provide context.

WHAT: Baltimore County Circuit Court Judge James T. Smith Jr.
reluctantly allowed Rokke on the stand, but sustained the prosecutor's
objections to each question asked of the witness. It became clear to the
defendants that they would not be permitted to raise a defense. So they
refused to continue. Supporters in the courtroom began speaking out, and
eventually the room was cleared when singing broke out.

Because of the importance of Rokke's testimony, he will be appearing at
a press conference to explain what he would said about the hazardous
nature of depleted uranium. A number of the Plowshares supporters will
also attend.


WHEN: Wednesday, March 22 at 6:00 PM

WHERE: 4806 York Road, AFSC-Baltimore headquarters


WHY: The defendants readily admit turning the Warthogs into plowshares,
but argue they acted without malice and criminal intent. Since they were
not permitted to present evidence as to their intent, they saw no reason
to continue.

On December 26, 1999, CBS 60 Minutes, the first large media outlet,
discussed the dangers of depleted uranium. Doug Rokke was a prominent
part of the show, as he actually produced for the Pentagon training
films on the handling of depleted uranium. The films were never used,
and Persian Gulf veterans told 60 Minutes that they were not trained in
the handling of DU. In fact, some of them believe their illnesses were
caused by DU.

Rokke has documents indicating the Department of War was aware of the
dangers of this ammunition as far back as 1943. He will also indicate
that he went to the White House before NATO's air war against Yugoslavia
to advocate that depleted uranium should not be used. His advice was
disregarded, and NATO planes shot DU ammunition in Yugoslavia.

The jury is expected to start deliberations tomorrow on the following
charges:malicious destruction of property--with a property damage of
more than $300-three years and/or $2,500 fine and conspiracy to
maliciously destroy property--maximum three years. Susan Crane is also
facing a second-degree assault charge, which carries a maximum sentence
of ten years imprisonment. Court will resume on Thursday, March 23, at
9:15 AM.

There have been more than 70 Plowshares actions. The first took place on
Sept. 9, 1980, when Philip and Daniel Berrigan and six others hammered
on nuclear nose cones at a General Electric plant in King of Prussia,
Penn.

Philip Berrigan, Crane and Kelly were members of the Prince of Peace
Plowshares, which disarmed an Aegis destroyer at the Bath [Maine] Iron
Works on Feb. 12, 1997. After Rev. Kelly served his sentence for the
Maine action and refused to cooperate with federal probation, federal
marshals were pursuing him.

"They shall beat their swords into plowshares and their spears into
pruning
hooks. One nation shall not raise the sword against another, nor shall
they
train for war again." Isaiah 2:4


************************


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Date: Fri, 24 Mar 2000 14:16:32 +0000
From: Sally light <[e-mail]>
Subject: (abolition-usa) [Fwd: protest in Japan]

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Dear friends -  I'm passing on two articles from the Akahata newspaper
in Japan which you may find of interest.

Sally Light
Nuclear Weapons Program Analyst
Tri-Valley CAREs (Communities Against A Radioactive Environment)
Livermore, California

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From: "masaya nishio" <[e-mail]>
To: "Sally light" <[e-mail]>
Subject: protest in Japan
Date: Fri, 24 Mar 2000 13:17:10 -0500
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Sally

It was a great pleasure that i could talked with you the oter day.  I am
hoping to see you in NY next month.

Please find a enclosed the article from AKAHATA.

Masaya


U.S. again conducts nuclear test

   TOKYO MAR 24 JPS -- In Japan, many peace and democratic organizations on
March 23 protested against the U.S. subcritical nuclear test conducted at
Nevada Test Site on March 22 (Pacific Standard Time).

   In front of the U.S. Embassy in Tokyo, young people, women, workers, and
peace activists held a protest rally with the Japan Council against A & H
Bombs (Japan Gensuikyo).

   The U.S. carried out the test, which was the 10th of this kind, while
persuading India and Pakistan to give up their nuclear weapons.

   The U.S. Department of Energy announced that the test code-named
"Thoroughbred" had gone well to collect necessary data to prepare for a
future mock nuclear test explosion.

   Hiroshima Gensuikyo and the A-bomb survivors' organization in Hiroshima
staged a sit-in in Peace Memorial Park.  The participants decided to send a
letter to U.S. President Bill Clinton and to Japan's Prime Minister Keizo
Obuchi to request him that the Japanese government stand on a clear position
against all nuclear tests.

   The A-bomb survivors' organization in Nagasaki sent a letter to President
Clinton through the U.S. Embassy in Japan.  The letter said, "All you must
do is accept the responsibility for the tragedy caused by the U.S. atomic
bombing of Hiroshima and Nagasaki, apologize to, and work for abolishing
nuclear weapons not to repeat the same tragedy."

   In a published statement, the Japan P.E.N. Club criticized the
superpower's egoism and sent it to relevant authorities.  (end item)


JPS 03-083

Obuchi is irresponsible on secret agreements on nuclear weapons: Akahata

   TOKYO MAR 24 JPS -- Akahata's editorial of March 24  criticized Prime
Minister Keizo Obuchi for trying to avoid the Japanese government
responsibility for 'secret agreements on nuclear weapons.' The full text of
which is as follows.

   The Japan-U.S. Security Treaty included 'secret agreements.' During the
past 40 years since the signing of the Security Treaty in January 1960, the
question of 'secret agreements' between the two governments on the Security
Treaty has persisted.

   Especially, the question of secret agreements to allow U.S. nuclear
weapons to be brought into Japan has been a focal point of the Japan-U.S.
military alliance in connection with suspicions that it U.S. nuclear weapons
have been brought into Japan.

Declassified U.S. documents speak about themselves

    During one-on-one debates (Question Time) with Prime Minister Keizo
Obuchi on March 8 and 22, Japanese Communist Party Chair Tetsuzo Fuwa raised
this question as a fundamental national issue that "shouldn't be left
unsolved by the Diet" as we are to enter the 21st century. Showing
declassified U.S. official documents, he pressed the prime minister to make
a thorough investigation into the problem.

   So far, the Japanese government has officially explained that the
question of bringing nuclear weapons into Japan's ports is subject to prior
consultation under the Japan-U.S. Security Treaty and that so long as the
U.S. makes no proposal for prior consultation the Three Non-Nuclear
Principles are maintained.

   However, "not to allow nuclear weapons to be brought into Japan," one of
the three principles, will be effective only when the U.S. government
complies with it. There are two U.S. ways of bringing in nuclear weapons:
"introduction" and "transit." If the U.S. government implies that the
transit of nuclear weapons on vessels making temporary portcalls and on
aircraft transiting and using airports in Japan is not subject to prior
consultation, the Japanese government view completely is groundless.

   Declassified U.S. documents from 1961 to 1963 revealed by JCP Chair Fuwa
on March 22 have directly dealt with the minutes of the secret agreements on
the bringing-in of nuclear weapons.

   The June 1961 U.S. Department of State internal document states: "While
our treaty arrangements with Japan require formal consultation before
nuclear weapons are 'introduced' into Japan, the Japanese Government has
confidentially agreed, in effect, that weapons on vessels and aircraft in
transit through Japan are none of its concern."

   Another U.S. document indicates that Japan's Ikeda Cabinet in the Diet in
1963 made remarks that were tantamount to disregarding Japan-U.S. secret
agreements, U.S. President John F. Kennedy immediately held a meeting to
discuss what to do with the unexpected attitude of Japan.

   Under President Kennedy's instructions, U.S. Ambassador to Japan Edwin
Reischauer met Japan's Foreign Minister Masayoshi Ohira on April 4, 1963 to
reconfirm the validity of the secret agreement.

   They agreed that the word "introduce" means to "place" or "install" U.S.
nuclear weapons on Japan's territory.

   All  this are vividly  described in the U.S. documents.

   In the March 8 "Question Time," Fuwa said that U.S. declassified
documents show that there were secret agreements between the two countries
in January 1960 in connection with Japan-U.S. Security Treaty.

   In the March 22 "Question Time," Fuwa pointed out that one of the 1960
secret agreements was about U.S. nuclear weapons, and it was incorporated
into a document on "prior consultations" and taken over by the Ikeda
Cabinet.

   The point is that these official documents are made available on the
responsibility of the U.S. government. U.S. Forces are using its bases in
Japan based on what secret agreements say. The problem of U.S. nuclear
weapons in Japan is not a matter of 40 years ago but a current issue.
Explanations of Japan's government in last 40 years completely denied by the
facts

   In reply to Fuwa, Prime Minister Keizo Obuchi said that he was not able
to comment on the existence, character or contents of the U.S. documents
because Japan's government was not concerned with them. He only said that he
had complete trust in the U.S. as Japan's ally.

   It is the U.S. government, in which P.M. Obuchi has complete confidence,
that has made public the secret agreement. P.M. Obuchi should not dodge the
question, by only saying that Japan's government "was not concerned."

   The serious facts included in the U.S. declassified documents can
completely deny the explanations that Japan's government has made to the
Japanese people for the last 40 years.

   What has Japan's government promised to the U.S. government? Japan's
government must review the history of its foreign relations and make all
facts public. (end item)







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