[animallibpress] 8 Reasons the Iowa A.L.F. Investigation is a Fraud

[Guest guest]

Just Sayin'. Pathetic.

Press Office <press[animallibpress] 8 Reasons the Iowa A.L.F. Investigation is a Fraud"Press Office List- Media" <animallibmedia, "Press Office List- Activists" <animallibpressMonday, March 8, 2010, 5:15 PM

 

 

 

 

 

 

 

 

 

8 Reasons the Iowa A.L.F. Investigation is a Fraud

Five years after the Animal Liberation Front raids the University of Iowa, the government launches a prosecution that is a fraud on its faceMarch 3, 2010by Peter Young In late-2004, morning workers arrived at the Spence Laboratories to find $450,000 in damage to equipment and 401 animals missing. Graffiti left at the scene read “Science Not Sadism†and “Free The Animalsâ€. In a long communique, the Animal Liberation Front (A.L.F.) took credit.

Just before the 5-year statute of limitations was to expire (most federal crimes have an SoL of 5 years), two Minneapolis activists were subpoenaed to testify to a grand jury in Davenport, IA. It soon became clear the grand jury was investigating the University of Iowa A.L.F. raid. Both were jailed after refusing to testify. Soon after, one of the two - Scott DeMuth - was indicted for Animal Enterprise Terrorism.

Those I have spoken to close to the case awe at the bizarre, unprofessional, and legally unsound nature of the entire prosecution. As one person told me: “When all the facts come out, this DA is going to be very embarrassedâ€.

All indicators are that the government rushed through an indictment they knew would not stand, in order to freeze the clock on the statute of limitations and buy time to build a more solid case. The case has all the markings of a desperate and unconstitutional prosecution motivated by an attempt to save face after 5 years of failing to apprehend the Animal Liberation Front.

Eight Reasons the Iowa A.L.F. Investigation is a Fraud

One. Feldman was 15 at the time of the raid

Carrie Feldman, incarcerated for refusing testimony to the grand jury, was a 15 year old sophomore in high school at the time of the raid. Yet a judge has stated the government admitted…

 

…it sought Ms. Feldman’s testimony because it believes she had knowledge of “a break-in of the University of Iowa Spence Laboratories in November, 2004.

And in a dissenting opinion on Carrie Feldman’s (denied) motion for release, a judge said:

 

…I am concerned by the necessary implication raised in this matter that the government is seeking Ms. Feldman’s testimony for the sole purpose of gathering additional information to support its indictment against Mr. DeMuth.

Two. DeMuth was 17 at the time of the raid

Unlike Feldman, Scott DeMuth is accused of direct participation in the A.L.F. action (prosecutors have stated they believe he is featured in a video made of the raid). 17 at the time, DeMuth is implicated in an action that has the appearance of one of the most complex and expertly executed in the Animal Liberation Front’s history. According the media reports and the A.L.F. communique, activists picked locks, bypassed four layers of security, used stolen key cards to access labs, and removed 401animals from the building undetected. At 17, DeMuth is accused of an action requiring this level of skill.

Three. DeMuth was not told he was a target of the grand jury

Furthering evidence DeMuth’s indictment was reprisal for his refusal to testify, he was not told he was a target of the grand jury when subpoenaed, as required by law. This bolsters the case that DeMuth’s indictment was motivated by spite, and was an afterthought to his refusal to testify.

Four. The statute of limitations had expired

The indictment was issued four days after the five-year statute of limitations had expired. An appellate court judge stated:

 

The district court abused its discretion when it found Ms. Feldman in contempt of court because it failed to consider a significant relevant factor, i.e., whether the statute of limitations had run on the crime for which the government seeks Ms. Feldman’s testimony….the government itself cites no authority for the proposition it can abuse the grand jury process to compel a witness to testify regarding a crime for which the statute of limitations has expired.Five. Indictment is unconstitutionally incomplete

Demuth’s original indictment was so “shockingly vague†(defense lawyers), it failed to provide the following basic information: the elements of the alleged offense, supporting facts and circumstances, the law alleged to have been violated, identifying an element of interstate activity, providing a date range of the alleged conspiracy, where the conspiracy is alleged to have taken place, and basic information as to what he is accused of. The one-page indictment was practically void of any information with which DeMuth could prepare a defense, including any information on what crime he is alleged to have committed.

Six. Law DeMuth charged under did not exist in 2004

Scott DeMuth is charged under the Animal Enterprise Terrorism Act, a law that did not exist until 2006 - two years after the University of Iowa raid.

A quote from the motion to dismiss the indictment:

 

….respectfully moves that his indictment be dismissed since the charges brought against him are under a statute which was not the law at the time of the alleged offense.

Seven. Only evidence is DeMuth’s “resemblance†to person in grainy film

The only evidence the prosecutor has stated to support DeMuth’s involvement is his “resemblance†to an individual in a video of the raid. The video of the rescue, taken by the A.L.F., is a grainy black and white film showing activists loading animals onto carts and taking them from the lab. Video would be damning evidence…. were all activists on the video not wearing masks.

Eight. DeMuth is not a vegetarian

In perhaps the most absurd example, the government made the folly of charging someone for an A.L.F. action who is not even a vegetarian. In fact, the man accused of conspiring to rescue rats from a lab is a bow-hunter.

Conclusion: The jailing of Carrie Feldman and indictment of Scott DeMuth appears to be motivated by the following factors: desperation, spite, and / or a need to freeze the statute of limitation and buy time to build a substantive case.

The combined factors make the University of Iowa A.L.F. case among the most egregious examples of prosecutorial overzealousness in the animal liberation movement’s history.---------Animal Liberation Press Office6320 Canoga Avenue #1500Woodland Hills, CA 91367www.animalliberationpressoffice.orgpress

 

 

[Guest guest]

That Animal Enterprise Act  is simply a Bushit excuse to legally torture animals sanctioned by the right wing. AOn Mon, Mar 8, 2010 at 6:29 PM, Shannon Morgan <fortheanmls wrote:

 

Just Sayin'.   Pathetic.

Press Office <press[animallibpress] 8 Reasons the Iowa A.L.F. Investigation is a Fraud

" Press Office List- Media " <animallibmedia, " Press Office List- Activists " <animallibpress

Monday, March 8, 2010, 5:15 PM 

 

 

 

 

 

 

 

 

 

8 Reasons the Iowa A.L.F. Investigation is a Fraud

 

Five years after the Animal Liberation Front raids the University of Iowa, the government launches a prosecution that is a fraud on its faceMarch 3, 2010by Peter Young In late-2004, morning workers arrived at the Spence Laboratories to find $450,000 in damage to equipment and 401 animals missing. Graffiti left at the scene read “Science Not Sadism” and “Free The Animals”. In a long communique, the Animal Liberation Front (A.L.F.) took credit.

Just before the 5-year statute of limitations was to expire (most federal crimes have an SoL of 5 years), two Minneapolis activists were subpoenaed to testify to a grand jury in Davenport, IA. It soon became clear the grand jury was investigating the University of Iowa A.L.F. raid. Both were jailed after refusing to testify. Soon after, one of the two - Scott DeMuth - was indicted for Animal Enterprise Terrorism.

Those I have spoken to close to the case awe at the bizarre, unprofessional, and legally unsound nature of the entire prosecution. As one person told me: “When all the facts come out, this DA is going to be very embarrassed”.

All indicators are that the government rushed through an indictment they knew would not stand, in order to freeze the clock on the statute of limitations and buy time to build a more solid case. The case has all the markings of a desperate and unconstitutional prosecution motivated by an attempt to save face after 5 years of failing to apprehend the Animal Liberation Front.

 

Eight Reasons the Iowa A.L.F. Investigation is a Fraud

One. Feldman was 15 at the time of the raid

Carrie Feldman, incarcerated for refusing testimony to the grand jury, was a 15 year old sophomore in high school at the time of the raid. Yet a judge has stated the government admitted…

 

…it sought Ms. Feldman’s testimony because it believes she had knowledge of “a break-in of the University of Iowa Spence Laboratories in November, 2004.

And in a dissenting opinion on Carrie Feldman’s (denied) motion for release, a judge said:

 

…I am concerned by the necessary implication raised in this matter that the government is seeking Ms. Feldman’s testimony for the sole purpose of gathering additional information to support its indictment against Mr. DeMuth.

 

Two. DeMuth was 17 at the time of the raid

Unlike Feldman, Scott DeMuth is accused of direct participation in the A.L.F. action (prosecutors have stated they believe he is featured in a video made of the raid). 17 at the time, DeMuth is implicated in an action that has the appearance of one of the most complex and expertly executed in the Animal Liberation Front’s history. According the media reports and the A.L.F. communique, activists picked locks, bypassed four layers of security, used stolen key cards to access labs, and removed 401animals from the building undetected. At 17, DeMuth is accused of an action requiring this level of skill.

Three. DeMuth was not told he was a target of the grand jury

Furthering evidence DeMuth’s indictment was reprisal for his refusal to testify, he was not told he was a target of the grand jury when subpoenaed, as required by law. This bolsters the case that DeMuth’s indictment was motivated by spite, and was an afterthought to his refusal to testify.

Four. The statute of limitations had expired

The indictment was issued four days after the five-year statute of limitations had expired. An appellate court judge stated:

 

The district court abused its discretion when it found Ms. Feldman in contempt of court because it failed to consider a significant relevant factor, i.e., whether the statute of limitations had run on the crime for which the government seeks Ms. Feldman’s testimony….the government itself cites no authority for the proposition it can abuse the grand jury process to compel a witness to testify regarding a crime for which the statute of limitations has expired.

Five. Indictment is unconstitutionally incomplete

Demuth’s original indictment was so “shockingly vague” (defense lawyers), it failed to provide the following basic information: the elements of the alleged offense, supporting facts and circumstances, the law alleged to have  been violated, identifying an element of interstate activity, providing a date range of the alleged conspiracy, where the conspiracy is alleged to have taken place, and basic information as to what he is accused of. The one-page indictment was practically void of any information with which DeMuth could prepare a defense, including any information on what crime he is alleged to have committed.

Six. Law DeMuth charged under did not exist in 2004

Scott DeMuth is charged under the Animal Enterprise Terrorism Act, a law that did not exist until 2006 - two years after the University of Iowa raid.

A quote from the motion to dismiss the indictment:

 

….respectfully moves that his indictment be dismissed since the charges brought against him are under a statute which was not the law at the time of the alleged offense.

Seven. Only evidence is DeMuth’s “resemblance” to person in grainy film

The only evidence the prosecutor has stated to support DeMuth’s involvement is his “resemblance” to an individual in a video of the raid. The video of the rescue, taken by the A.L.F., is a grainy black and white film showing activists loading animals onto carts and taking them from the lab. Video would be damning evidence…. were all activists on the video not wearing masks.

Eight. DeMuth is not a vegetarian

In perhaps the most absurd example, the government made the folly of charging someone for an A.L.F. action who is not even a vegetarian.  In fact, the man accused of conspiring to rescue rats from a lab is a bow-hunter.

Conclusion: The jailing of Carrie Feldman and indictment of Scott DeMuth appears to be motivated by the following factors: desperation, spite, and / or a need to freeze the statute of limitation and buy time to build a substantive case.

The combined factors make the University of Iowa A.L.F. case among the most egregious examples of prosecutorial overzealousness in the animal liberation movement’s history.---------

Animal Liberation Press Office6320 Canoga Avenue #1500Woodland Hills, CA 91367www.animalliberationpressoffice.org

press

 

 

-- Lexi Preisser

Maltese Rescue-SE FloridaOTRA Verified TransporterMDAS Approved PullerIn memory of my precious baby, Bibitzza.  I miss you sweetheart.  Rest in peace and wait for me.  I love you.Feed a dog for free!

http://www.freekibble.comHeaven goes by favour. If it went by merit, you would stay out and your dog would go in.~ Mark Twain   Compassion is the basis of all morality.--Arthur Schopenhauer

[Guest guest]

Ya think? Yeah, it was a request from Big Pharma and animal testing labs (universities, pharmacuetical companies, Insurance, breeders of Beagles, cats, mice, rats, sheep, pigs, cattle, GMO'd to be born with "human disease" (impossible) and more to hide their fraud and torture from the public. We activists aren't so gullible as people who only watch Faux Noise, right? It WILL be revealed, in time. They can take all the PSA's in the middle of the night to espouse their claims of "medical advancement", but they can't hide the truth forever. Ever seen one of those PSAs? Unbelievably pathetic and nothing but lies, but what else would you expect from Big Corporate and puppets playing a role as a "Legislator" to carry out orders from them?

 

Yeah, the more noise we make about the truth, the more grand jury supboenas and the more incarcerated, innocent Americans who only want to expose the truth of the abuse, torture, mutilation and psychological torture of innocent animals just for $$$$$ for more experiments of the same. Not to mention every drug approved by the FDA just seems to get more and more deadly. I.E. Advair. The first "side effect" listed on the COMMERCIAL to the public is: "Increased risk of asthma related death". What the F*CK???

--- On Mon, 3/8/10, Lexi Preisser-Terrell <Lexi.Terrell wrote:

Lexi Preisser-Terrell <Lexi.TerrellRe: [animallibpress] 8 Reasons the Iowa A.L.F. Investigation is a Fraud Date: Monday, March 8, 2010, 5:35 PM

That Animal Enterprise Act is simply a Bushit excuse to legally torture animals sanctioned by the right wing.A

On Mon, Mar 8, 2010 at 6:29 PM, Shannon Morgan <fortheanmls@ > wrote:

 

 

 

 

Just Sayin'. Pathetic.

Press Office <press@animalliberat ionpressoffice. org>[animallibpress] 8 Reasons the Iowa A.L.F. Investigation is a Fraud"Press Office List- Media" <animallibmedia@ lists.riseup. net>, "Press Office List- Activists" <animallibpress@ lists.riseup. net>Monday, March 8, 2010, 5:15 PM

 

 

 

 

 

 

 

 

 

8 Reasons the Iowa A.L.F. Investigation is a Fraud

Five years after the Animal Liberation Front raids the University of Iowa, the government launches a prosecution that is a fraud on its faceMarch 3, 2010by Peter Young In late-2004, morning workers arrived at the Spence Laboratories to find $450,000 in damage to equipment and 401 animals missing. Graffiti left at the scene read “Science Not Sadism†and “Free The Animalsâ€. In a long communique, the Animal Liberation Front (A.L.F.) took credit.

Just before the 5-year statute of limitations was to expire (most federal crimes have an SoL of 5 years), two Minneapolis activists were subpoenaed to testify to a grand jury in Davenport, IA. It soon became clear the grand jury was investigating the University of Iowa A.L.F. raid. Both were jailed after refusing to testify. Soon after, one of the two - Scott DeMuth - was indicted for Animal Enterprise Terrorism.

Those I have spoken to close to the case awe at the bizarre, unprofessional, and legally unsound nature of the entire prosecution. As one person told me: “When all the facts come out, this DA is going to be very embarrassedâ€.

All indicators are that the government rushed through an indictment they knew would not stand, in order to freeze the clock on the statute of limitations and buy time to build a more solid case. The case has all the markings of a desperate and unconstitutional prosecution motivated by an attempt to save face after 5 years of failing to apprehend the Animal Liberation Front.

Eight Reasons the Iowa A.L.F. Investigation is a Fraud

One. Feldman was 15 at the time of the raid

Carrie Feldman, incarcerated for refusing testimony to the grand jury, was a 15 year old sophomore in high school at the time of the raid. Yet a judge has stated the government admitted…

 

…it sought Ms. Feldman’s testimony because it believes she had knowledge of “a break-in of the University of Iowa Spence Laboratories in November, 2004.

And in a dissenting opinion on Carrie Feldman’s (denied) motion for release, a judge said:

 

…I am concerned by the necessary implication raised in this matter that the government is seeking Ms. Feldman’s testimony for the sole purpose of gathering additional information to support its indictment against Mr. DeMuth.

Two. DeMuth was 17 at the time of the raid

Unlike Feldman, Scott DeMuth is accused of direct participation in the A.L.F. action (prosecutors have stated they believe he is featured in a video made of the raid). 17 at the time, DeMuth is implicated in an action that has the appearance of one of the most complex and expertly executed in the Animal Liberation Front’s history. According the media reports and the A.L.F. communique, activists picked locks, bypassed four layers of security, used stolen key cards to access labs, and removed 401animals from the building undetected. At 17, DeMuth is accused of an action requiring this level of skill.

Three. DeMuth was not told he was a target of the grand jury

Furthering evidence DeMuth’s indictment was reprisal for his refusal to testify, he was not told he was a target of the grand jury when subpoenaed, as required by law. This bolsters the case that DeMuth’s indictment was motivated by spite, and was an afterthought to his refusal to testify.

Four. The statute of limitations had expired

The indictment was issued four days after the five-year statute of limitations had expired. An appellate court judge stated:

 

The district court abused its discretion when it found Ms. Feldman in contempt of court because it failed to consider a significant relevant factor, i.e., whether the statute of limitations had run on the crime for which the government seeks Ms. Feldman’s testimony….the government itself cites no authority for the proposition it can abuse the grand jury process to compel a witness to testify regarding a crime for which the statute of limitations has expired.Five. Indictment is unconstitutionally incomplete

Demuth’s original indictment was so “shockingly vague†(defense lawyers), it failed to provide the following basic information: the elements of the alleged offense, supporting facts and circumstances, the law alleged to have been violated, identifying an element of interstate activity, providing a date range of the alleged conspiracy, where the conspiracy is alleged to have taken place, and basic information as to what he is accused of. The one-page indictment was practically void of any information with which DeMuth could prepare a defense, including any information on what crime he is alleged to have committed.

Six. Law DeMuth charged under did not exist in 2004

Scott DeMuth is charged under the Animal Enterprise Terrorism Act, a law that did not exist until 2006 - two years after the University of Iowa raid.

A quote from the motion to dismiss the indictment:

 

….respectfully moves that his indictment be dismissed since the charges brought against him are under a statute which was not the law at the time of the alleged offense.

Seven. Only evidence is DeMuth’s “resemblance†to person in grainy film

The only evidence the prosecutor has stated to support DeMuth’s involvement is his “resemblance†to an individual in a video of the raid. The video of the rescue, taken by the A.L.F., is a grainy black and white film showing activists loading animals onto carts and taking them from the lab. Video would be damning evidence…. were all activists on the video not wearing masks.

Eight. DeMuth is not a vegetarian

In perhaps the most absurd example, the government made the folly of charging someone for an A.L.F. action who is not even a vegetarian. In fact, the man accused of conspiring to rescue rats from a lab is a bow-hunter.

Conclusion: The jailing of Carrie Feldman and indictment of Scott DeMuth appears to be motivated by the following factors: desperation, spite, and / or a need to freeze the statute of limitation and buy time to build a substantive case.

The combined factors make the University of Iowa A.L.F. case among the most egregious examples of prosecutorial overzealousness in the animal liberation movement’s history.------------ --------- --------- --------- --------- --------- --------- --------- --------- --------- --------- --------- --------- --------- --------- --------- ------Animal Liberation Press Office6320 Canoga Avenue #1500Woodland Hills, CA 91367www.animalliberatio npressoffice. orgpress@animalliberat ionpressoffice. org

 

-- Lexi PreisserMaltese Rescue-SE FloridaOTRA Verified TransporterMDAS Approved PullerIn memory of my precious baby, Bibitzza. I miss you sweetheart. Rest in peace and wait for me. I love you.Feed a dog for free! http://www.freekibb le.comHeaven goes by favour. If it went by merit, you would stay out and your dog would go in.~ Mark Twain Compassion is the basis of all morality.--Arthur Schopenhauer

[Guest guest]

 I know, that ADVAIR commercial is ridiculous.  Also  there's a commercial for  restless  legs,  secondary effects  are possible additction to gambling,  sex,etc.  ????????????????? I

On Mon, Mar 8, 2010 at 6:59 PM, Shannon Morgan <fortheanmls wrote:

Ya think?  Yeah, it was a request from Big Pharma and animal testing labs (universities, pharmacuetical companies, Insurance, breeders of Beagles, cats, mice, rats, sheep, pigs, cattle, GMO'd to be born with " human disease " (impossible) and more to hide their fraud and torture from the public.  We activists aren't so gullible as people who only watch Faux Noise, right?  It WILL be revealed, in time.   They can take all the PSA's in the middle of the night to espouse their claims of " medical advancement " , but they can't hide the truth forever.  Ever seen one of those PSAs?  Unbelievably pathetic and nothing but lies, but what else would you expect from Big Corporate and puppets playing a role as a " Legislator " to carry out orders from them?

 

Yeah, the more noise we make about the truth, the more grand jury supboenas and  the more incarcerated, innocent Americans who only want to expose the truth of the abuse, torture, mutilation and psychological torture of innocent animals just for $$$$$ for more experiments of the same.  Not to mention every drug approved by the FDA just seems to get more and more deadly.  I.E. Advair.  The first " side effect " listed on the COMMERCIAL to the public is:    " Increased risk of asthma related death " .  What the F*CK??? 

 

 --- On Mon, 3/8/10, Lexi Preisser-Terrell <Lexi.Terrell wrote:

Lexi Preisser-Terrell <Lexi.Terrell

Re: [animallibpress] 8 Reasons the Iowa A.L.F. Investigation is a Fraud Date: Monday, March 8, 2010, 5:35 PM

 

 

That Animal Enterprise Act  is simply a Bushit excuse to legally torture animals sanctioned by the right wing.A

On Mon, Mar 8, 2010 at 6:29 PM, Shannon Morgan <fortheanmls@ > wrote:

 

 

 

 

Just Sayin'.   Pathetic.

Press Office <press@animalliberat ionpressoffice. org>

[animallibpress] 8 Reasons the Iowa A.L.F. Investigation is a Fraud " Press Office List- Media " <animallibmedia@ lists.riseup. net>, " Press Office List- Activists " <animallibpress@ lists.riseup. net>

Monday, March 8, 2010, 5:15 PM 

 

 

 

 

 

 

 

 

 

8 Reasons the Iowa A.L.F. Investigation is a Fraud

 

Five years after the Animal Liberation Front raids the University of Iowa, the government launches a prosecution that is a fraud on its faceMarch 3, 2010by Peter Young In late-2004, morning workers arrived at the Spence Laboratories to find $450,000 in damage to equipment and 401 animals missing. Graffiti left at the scene read “Science Not Sadism” and “Free The Animals”. In a long communique, the Animal Liberation Front (A.L.F.) took credit.

Just before the 5-year statute of limitations was to expire (most federal crimes have an SoL of 5 years), two Minneapolis activists were subpoenaed to testify to a grand jury in Davenport, IA. It soon became clear the grand jury was investigating the University of Iowa A.L.F. raid. Both were jailed after refusing to testify. Soon after, one of the two - Scott DeMuth - was indicted for Animal Enterprise Terrorism.

Those I have spoken to close to the case awe at the bizarre, unprofessional, and legally unsound nature of the entire prosecution. As one person told me: “When all the facts come out, this DA is going to be very embarrassed”.

All indicators are that the government rushed through an indictment they knew would not stand, in order to freeze the clock on the statute of limitations and buy time to build a more solid case. The case has all the markings of a desperate and unconstitutional prosecution motivated by an attempt to save face after 5 years of failing to apprehend the Animal Liberation Front.

 

Eight Reasons the Iowa A.L.F. Investigation is a Fraud

One. Feldman was 15 at the time of the raid

Carrie Feldman, incarcerated for refusing testimony to the grand jury, was a 15 year old sophomore in high school at the time of the raid. Yet a judge has stated the government admitted…

 

…it sought Ms. Feldman’s testimony because it believes she had knowledge of “a break-in of the University of Iowa Spence Laboratories in November, 2004.

And in a dissenting opinion on Carrie Feldman’s (denied) motion for release, a judge said:

 

…I am concerned by the necessary implication raised in this matter that the government is seeking Ms. Feldman’s testimony for the sole purpose of gathering additional information to support its indictment against Mr. DeMuth.

 

Two. DeMuth was 17 at the time of the raid

Unlike Feldman, Scott DeMuth is accused of direct participation in the A.L.F. action (prosecutors have stated they believe he is featured in a video made of the raid). 17 at the time, DeMuth is implicated in an action that has the appearance of one of the most complex and expertly executed in the Animal Liberation Front’s history. According the media reports and the A.L.F. communique, activists picked locks, bypassed four layers of security, used stolen key cards to access labs, and removed 401animals from the building undetected. At 17, DeMuth is accused of an action requiring this level of skill.

Three. DeMuth was not told he was a target of the grand jury

Furthering evidence DeMuth’s indictment was reprisal for his refusal to testify, he was not told he was a target of the grand jury when subpoenaed, as required by law. This bolsters the case that DeMuth’s indictment was motivated by spite, and was an afterthought to his refusal to testify.

Four. The statute of limitations had expired

The indictment was issued four days after the five-year statute of limitations had expired. An appellate court judge stated:

 

The district court abused its discretion when it found Ms. Feldman in contempt of court because it failed to consider a significant relevant factor, i.e., whether the statute of limitations had run on the crime for which the government seeks Ms. Feldman’s testimony….the government itself cites no authority for the proposition it can abuse the grand jury process to compel a witness to testify regarding a crime for which the statute of limitations has expired.

Five. Indictment is unconstitutionally incomplete

Demuth’s original indictment was so “shockingly vague” (defense lawyers), it failed to provide the following basic information: the elements of the alleged offense, supporting facts and circumstances, the law alleged to have  been violated, identifying an element of interstate activity, providing a date range of the alleged conspiracy, where the conspiracy is alleged to have taken place, and basic information as to what he is accused of. The one-page indictment was practically void of any information with which DeMuth could prepare a defense, including any information on what crime he is alleged to have committed.

Six. Law DeMuth charged under did not exist in 2004

Scott DeMuth is charged under the Animal Enterprise Terrorism Act, a law that did not exist until 2006 - two years after the University of Iowa raid.

A quote from the motion to dismiss the indictment:

 

….respectfully moves that his indictment be dismissed since the charges brought against him are under a statute which was not the law at the time of the alleged offense.

Seven. Only evidence is DeMuth’s “resemblance” to person in grainy film

The only evidence the prosecutor has stated to support DeMuth’s involvement is his “resemblance” to an individual in a video of the raid. The video of the rescue, taken by the A.L.F., is a grainy black and white film showing activists loading animals onto carts and taking them from the lab. Video would be damning evidence…. were all activists on the video not wearing masks.

Eight. DeMuth is not a vegetarian

In perhaps the most absurd example, the government made the folly of charging someone for an A.L.F. action who is not even a vegetarian.  In fact, the man accused of conspiring to rescue rats from a lab is a bow-hunter.

Conclusion: The jailing of Carrie Feldman and indictment of Scott DeMuth appears to be motivated by the following factors: desperation, spite, and / or a need to freeze the statute of limitation and buy time to build a substantive case.

The combined factors make the University of Iowa A.L.F. case among the most egregious examples of prosecutorial overzealousness in the animal liberation movement’s history.------------ --------- --------- --------- --------- --------- --------- --------- --------- --------- --------- --------- --------- --------- --------- --------- ------

Animal Liberation Press Office6320 Canoga Avenue #1500Woodland Hills, CA 91367www.animalliberatio npressoffice. org

press@animalliberat ionpressoffice. org

 

 

-- Lexi Preisser

Maltese Rescue-SE FloridaOTRA Verified TransporterMDAS Approved PullerIn memory of my precious baby, Bibitzza.  I miss you sweetheart.  Rest in peace and wait for me.  I love you.Feed a dog for free!

http://www.freekibb le.comHeaven goes by favour. If it went by merit, you would stay out and your dog would go in.~ Mark Twain  

Compassion is the basis of all morality.--Arthur Schopenhauer -- Lexi PreisserMaltese Rescue-SE FloridaOTRA Verified TransporterMDAS Approved Puller

In memory of my precious baby, Bibitzza.  I miss you sweetheart.  Rest in peace and wait for me.  I love you.Feed a dog for free! http://www.freekibble.com

Heaven goes by favour. If it went by merit, you would stay out and your dog would go in.~ Mark Twain   Compassion is the basis of all morality.--Arthur Schopenhauer