Nov 17, 2006 - 10:30:02 CST
U.S. District Judge Daniel Hovland implored two missile protesters to find more law-abiding means of protesting nuclear weapons as he sentenced them for a June vandalism at a missile silo site in northwestern North Dakota.Hovland sentenced Greg Boertje-Obed, 51, and Carl Kabat, 73, in separate appearances Thursday for convictions of destruction of government property.
"It's not conveying the right message," he told Boertje-Obed about his actions. "It's not conveying the right message to go out and commit felonies."
Hovland expressed the same sentiment to Kabat during his sentencing.
"I don't think anybody's listening to the actions of somebody who commits felonies,"Hovland told Kabat.
Boertje-Obed was sentenced to 12 months and one day in the custody of the U.S. Marshal. Hovland said that tacking on one day more than a year would allow Boertje-Obed to qualify for "good time" and get out after serving 85 percent of his sentence.
Boertje-Obed requested that he be allowed to serve his sentence at the federal minimum-security facility in Duluth, Minn., as his family lives in Duluth. Hovland said he would request it, though he could not guarantee it would happen.
Kabat was sentenced to 15 months in the custody of the U.S. Marshal. He requested that he be allowed to serve his sentence in Greenville, Ill., and Hovland said he would request it. Kabat also will be eligible for good time because of the length of his sentence.
Hovland sentenced Michael Walli, a co-defendant in the case, on Wednesday to serve eight months in the custody of the U.S. Marshal with credit for time served since June 20.
U.S. Attorney Clare Hochhalter said Walli will likely serve the remainder of his sentence in North Dakota and could be moved to Stutsman County.
The differences in the lengths of the sentences for the three men is because of federal sentencing guidelines that are based on a person's criminal history.
The three men were ordered to pay a $100 special assessment fee each, which is mandatory for all felony convictions, Hochhalter said. They also will be required to pay a total of $17,000 in restitution to the U.S. Air Force.
The Air Force was asking for $29,320.86 in restitution, but Hovland lowered the amount that they must pay.
Boertje-Obed, Kabat and Walli, 57, were convicted by a 12-person jury in September of destruction of government property for 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 three men were arrested at the missile site near Garrison on June 20 and have spent time in several North Dakota jails since then. They have been held in the Burleigh County Detention Center since before their September trial.
During their two-day trial, the men admitted their actions but said they were justified by their motivations to help rid the United States of nuclear weapons. Supporters from across the country showed up at the federal courthouse in Bismarck during the trial, and many came for their sentencing hearings.
Bill Quigley, a New Orleans attorney and Loyola University professor, represented Walli and assisted Boertje-Obed and Kabat. He said he believes the three men have "more hope for the future" of the country than anyone.
"I do think history will judge these fellows quite differently," he said.
Quigley said he has no problem with the sentences imposed by Hovland.
"The sentences are really quite reasonable," he said.
Hochhalter agreed that the sentences, which were at the lower end of federal sentencing guidelines, were fair. He said the men were given many opportunities to be placed in halfway houses or be released, and were given the option to plead guilty to a misdemeanor offense. However, they chose to remain in jail and face trial for a felony offense, he said.
"I guess maybe in their minds that gathers more attention to their cause," he said.
He said the defendants have important messages but may have been better received had they not "committed what the judge deemed acts of vandalism."
"I think they could do better by reaching a broader audience," he said.
During sentencing, Hovland asked the men why they hadn't chosen law-abiding means to further their message. Kabat and Boertje-Obed said they believe nuclear weapons are a crime against humanity, and Kabat compared vandalizing the missile silo to someone bulldozing a crematorium in Nazi Germany in World War II.
"We all can openly and publicly condemn North Korea for nuclear bombs," Kabat said, reading a written statement. "We can openly and publicly condemn Iraq for nuclear weapons and go to war with them. We can openly and publicly condemn Iran for nuclearism, but we do not publicly condemn the U.S. for the same."
Boertje-Obed and Kabat quoted scripture and religious writings during their sentencings. But Hovland disagreed that their actions could be justified by religion.
"I know that you're zealous in your beliefs, and I respect that," he told Boertje-Obed. "But I honestly don't believe God calls anyone to commit felonies."
The men have 10 days after their sentencing to file an appeal to the 8th U.S. Circuit Court of Appeals. Quigley said he does not believe Boertje-Obed or Kabat will be appealing their cases, but he said he is unsure whether Walli will choose to appeal.
(Reach reporter Jenny Michael at 250-8225 or jenny.michael@;bismarcktribune.com.)
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