THE VIRGINIAN-PILOT
Copyright (c) 1996, Landmark Communications, Inc.
DATE: Friday, April 19, 1996 TAG: 9604190518
SECTION: LOCAL PAGE: B3 EDITION: FINAL
SOURCE: BY KAREN JOLLY DAVIS, STAFF WRITER
DATELINE: NORFOLK LENGTH: Medium: 72 lines
Three peace activists charged with sabotage say they poured their blood over a submarine as a religious protest. But a judge ruled Thursday that evidence based on religion, politics and international law is irrelevant.
``The vast majority of these arguments have already been rejected in similar trials,'' said U.S. District Judge Rebecca B. Smith. ``I will enter an order prohibiting the introduction of this evidence. . . ''
Smith tossed out a series of motions asking the court to dismiss the case, calling some of the defense arguments frivolous and ludicrous. She upheld the prosecution's assertion that activists could commit sabotage even if they had a worthy motive.
``Their ultimate goal - to save lives from nuclear destruction - does not negate their intent to destroy national defense materials,'' said Ray Shephard, special assistant U.S. attorney.
After the hearing, defendant Rick Sieber, 47, of Philadelphia, said: ``Our motivations seem to be irrelevant to the court. But that doesn't mean they are irrelevant.''
Sieber, his 21-year-old son, Erin, and Michele Naar-Obed, 39, of Baltimore admitted earlier that they cut through a chain-link fence at the Newport News Shipbuilding Aug. 7.
They described how they walked, unhampered, onto the unfinished USS Greeneville and pounded on its missile launch tubes with household hammers. They named the protest Jubilee Plowshares.
Before surrendering to security guards, they sang songs, prayed, and left leaflets condemning the sub - and the Tomahawk missiles it could deliver - as weapons banned under international law.
Smith swept aside the defense argument that the sub and its missiles are ``indiscriminate, offensive'' weapons, and that it was the activists' duty to stop them from being used.
``Virtually every federal court considering this argument in the context of nuclear protest has rejected it,'' said Smith.
The judge refused to hear defense testimony by Matthew Lippman, professor of international law at the University of Illinois in Chicago.
``I don't need him to tell me what international law is, and I don't need him to tell me if it's relevant,'' said Smith.
Rick Sieber said he had hoped Lippman's testimony would have shown the protesters' actions were reasonable, legitimate and based on facts.
``We're not going to be able to bring in expert witnesses to testify on our behalf,'' Sieber said
Lippman said during a break in the hearing that he thought the judge's ruling was wrong ``International law is relevant,'' he said.
The three defendants, all out on bail, are scheduled to be tried on the federal charges in Norfolk May 21.
The three protesters were found guilty Sept. 20 in Newport News of state trespassing charges.
They were sentenced to a year in jail and fined $2,500 each for the misdemeanor. They are appealing the convictions.
The state waived felony charges of destruction of private property in lieu of the federal sabotage indictments. ILLUSTRATION: MOTOYA NAKAMURA
The Virginian-Pilot
Three peace activists, Michele Naar-Obed, 39, of Baltimore, left,
Erin Sieber, 21, center, and Rick Sieber, 47, of Philadelphia, enter
the federal courthouse in Norfolk Thursday. They are scheduled for
trial on the federal charges in Norfolk May 21.
KEYWORDS: PEACE ACTIVISTS SABOTAGE by CNB