Bill Sharp, OSB 78374 1342 High Street, 2nd Floor Eugene, OR 97401 (541) 345 2002 Fax

(541) 345 2178 Email sharp3223@comcast.net Attorney for Def. Zacher

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON UNITED STATES OF AMERICA, Plaintiff, v. JOYANNA L. ZACHER Defendant. ) ) ) ) ) )

CR No. 06-60126-AA RESPONSE TO GOVERNMENT SENTENCING MEMORANDUM

Both parties agree that the Court should consider the factors under 18 U.S.C. 3553(a), and U.S.S.G. 5K1.1, to determine the appropriate sentence. The defendant, Joyanna Zacher, makes the following specific responses to the Governments sentencing memorandum regarding representations of fact. 1. Government Sentencing Memo (GSM) p. 39 Re: Romania arson: The site was chosen as a statement of defiance in honor of Jeffrey Luers. Response: Neither Mr. Block nor Ms. Zacher chose the site; Mr. Luers and his case were not the reason that Mr. Block or Ms. Zacher participated in the arson; the site was chosen before they were ever asked to participate. The request to participate in the arson was, Are you ready to go to the next level? They agreed to do so on that basis. 2. GSM p. 39: The participants agreed to only use outsiders, that is, persons not living in Eugene. Response: This is demonstrably incorrect. Jacob Ferguson of Eugene did not participate. But Defendants Meyerhoff and Tubbs, 2 of the 5, were from Eugene. ZACHER RESPONSE TO GOVERNMENT SENTENCING MEMO - 1

3. GSM p. 39: The communiqu [for Romania] was a group effort and was shown to Daniel McGowan. Response: Ms. Zacher did not participate in either writing the communiqu or in handing it to Daniel McGowan.

4. GSM p. 42 re: Jefferson Poplar Afterward the communique prepared by McGowan and others attributing the Jefferson Poplar arson to ELF was sent by Gerlach. Response: Ms. Zacher did not participate in writing or transmitting the communiqu for Jefferson Poplar.

5. GSM p. 65: re: Romania They [the counts of arson in Romania] were committed in direct retaliation for local government activity in the prosecution and trial of Jeffrey Free Luers and Craig Critter Marshall for earlier arsons at the same location. Response: As stated earlier: the Luers trial was not the reason that Ms. Zacher participated in the arson and was not the basis of her being asked to participate. Ms. Zacher did not know Jeffrey Luers.

6. GSM p. 69 Even before their days in the Family, Block and Zacher were dedicated anarchists who, by definition, were anti-government. Response: Neither Block nor Zacher were a part of The Family. They had not heard of the name before their arrest. They have so stated when interviewed. Also, Mr. Block has not professed to being an anarchist. 7. GSM p. 69 They [Block and Zacher] carried that animus within the conspiracy and in the anti-government, anti-business arsons and Romania Chevrolet and Jefferson Poplar Farm. Response: The anti-government term is an editorial comment by the writer. Neither Romania nor Jefferson Poplar were government properties, nor were the businesses related to the government in any way. ZACHER RESPONSE TO GOVERNMENT SENTENCING MEMO - 2

8. GSM p.110 Block and Zacher assisted Rogers in the growing and distribution of marijuana, the proceeds of which were used to finance continued arson operations. Response: During the conspiracy, Ms. Zacher was not allowed over to Mr. Rogers house and therefore could not have assisted in the growing or distribution of marijuana. Ms. Zacher was not at Mr. Rogers house during the conspiracy, but only after her part in the conspiracy was over. After the conspiracy was over (in late May 2001), she trimmed marijuana for others. Ms. Gerlach when interviewed acknowledged that the proceeds of Mr. Blocks grow operation were not going toward any ELF actions. 9. GSM p. 110 Just prior to February 20, 2001, Block and Zacher traveled to Eugene to plan a tree spiking in the Judie timber sale area of the Willamette National Forest. The planning included placing the nails and spikes at varying heights and then cutting off the heads of the spikes so they could not be detected. Response: Block and Zacher had no hand in the planning of the tree spiking, or in the selection of the site to be spiked. They had no prior knowledge of the site. They had never spiked trees before, and they did not know, nor could they have known, how to plan or execute such an action. They were only participants who followed the experience and directions of others. 10. GSM p. 110 Approximately a week later, this crime was claimed by ELF in a communiqu that warned. Response: It is important to note that neither Mr. Block nor Ms. Zacher participated in the writing of the communiqu. 11. GSM p. 111 Block and Zacher gathered the materials necessary for the incendiary devices. They chose to buy everything they needed and did not shoplift anything because of what had happened to Family member Josephine Overaker when she was arrested for shoplifting. Response: Neither Block nor Zacher made decisions about what to buy. They were given directions of what to buy. They had never participated in an arson before and therefore could not have been the source or knowledge or information about what to buy. Also, they had no knowledge of Josephine Overaker. ZACHER RESPONSE TO GOVERNMENT SENTENCING MEMO - 3

12. GSM p. 112 Approximately two months later, on May 21, 2001, and after extensive planning, Block and others committed the arson at Jefferson Poplar Farm. Response: Neither Mr. Block nor Ms. Zacher was involved in the planning of the Jefferson Poplar or UW arson. The Jefferson Poplar arson had been planned by other people months earlier without the knowledge of Block and Zacher, and it had been postponed by the original participants. 13. GSM p. 112 He [Mr. Block] also provided the location for meetings and extensive preparation. Response: Mr. Block did provide a place for some meetings. However, the extensive planning had already taken place prior to his being asked to participate in the arson. 14. GSM p. 112 A search warrant was executed which yielded documents promoting criminal activism. Response: The purported documents promoting criminal activism were actually CD liner notes from a Belgian band, named Militia. These CD liner notes were not unlike the CD liner notes found in the homes of many teenagers throughout the country.

14. GSM p.115 re-WTO It was with this [WTO] group that she met Block and others who eventually became fellow arson cell members. Response: While it is true that Ms. Zacher met several other people at this time, Mr. Block was not a participant with Ms. Zachers WTO group.

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15. GSM p. 116 Re: WTO Zachers Black Bloc threw acid-filled eggs at department store windows. Response: The writer unfairly puts Ms. Zacher in this group when in fact, she had not participated in those illegal acts. She was arrested at 9:30 or 10:00 am when she tried to pull a friend out of the headlock of a person who did not identify himself as a police officer. Ms. Zacher was arrested prior to the beginning of the major destructive acts. 16. GSM p. 116 Once released from jail, Zacher traveled with Block to California to attend the Earth First! Rendezvous. There she attended one of the Book Club meetings, where she learned advanced tactics in committing arsons. Response: At the time of Ms. Zachers release from jail, there was no Book Club in existence; nor did any of the meetings at the rendezvous discuss arsons or advanced tactics. 17. GSM p. 116 Afterward, a communiqu [re-the tree spiking] was prepared. Response: Ms. Zacher did not participate in the writing of the communiqu.

18. GSM p. 117 Two months after the Romania arson, and after participating in the extensive planning for two simultaneous arsons, Zacher and others committed the Jefferson Poplar Farm arson on May 32, 3002, causing damage of approximately $994,412.42. Response: While it is true that Ms. Zacher participated in the Jefferson Poplar arson, she was not involved in the extensive planning for that arson or for the UW arson. [At search of Block-Zacher residence] yielding documents promoting criminal activism. Response: See above; the documents promoting criminal activism were CD liner notes from a Belgian music group.

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19. GSM p. 118 Zacher participated in the planning and preparation of the [Romania] arson. Response: Planning, no, by no means. Preparation only in the sense of shopping for materials that another person asked her to obtain. 20. GSM p. 118 Zacher provided a meeting place for the conspirators during the planning of the [Jefferson Poplar] arson and assisted in gathering the necessary materials for its execution. Response: The planning for the Jefferson Poplar arson was already carried out months before Ms. Zacher or Mr. Block were ever asked to participate. Secondly, Ms. Zacher believes that she had already obtained materials such as towels for the Romania arson and there enough left over. She does not recall going out and shopping for anything in connection with the Jefferson Poplar fire; the materials were on hand. 21. GSM p. 118 Re: Aggravating Factors Zacher was involved in the planning and preparation and was a full participant in both the Romani Truck Center arson and the Jefferson Poplar Farm arson. Response: 1) She was definitely not a planner, not in any way. 2) She was a lookout in both arsons; the term full participant is a stretch. 22. GSM p. 118 She was also an active participant in the WTO riots. Response: As stated above: she was arrested before the WTO riot broke out. Where possible, defendant will document the above points at the sentencing hearing. Dated: May 24, 2007 Respectfully submitted, MONKS & SHARP LAW OFFICE /s/ Bill Sharp Bill Sharp, OSB 78374 Attorney for Defendant Zacher ZACHER RESPONSE TO GOVERNMENT SENTENCING MEMO 6 (END)