Daniel G. McGowan
Daniel G. McGowan | |
---|---|
Born | Daniel Gerard McGowan 1974 (age 49–50) |
Nationality | American |
Occupation(s) | Environmental and social justice activist |
Criminal status | Released June 5, 2013[1] |
Spouse | Jennifer Synan (divorced 2015) |
Conviction(s) | Pled guilty |
Criminal charge | Arson and conspiracy to commit arson |
Penalty | 7 years in prison, $1.9 million restitution |
Daniel Gerard McGowan (born 1974) is an American
McGowan was facing a minimum of life in prison if convicted when he accepted a non-cooperation plea agreement, pleading guilty on November 9, 2006. A "terrorism" label was applied to his sentence, and McGowan was ultimately sentenced to 7 years' imprisonment. He was released on probation in June 2013.[3]
Biography
McGowan was born in
Arrest and Operation Backfire
On December 7, 2005, one of the largest arrests of environmental activists in American history began. Using the code name
On January 20, federal prosecutors, the head of the FBI, and
The Oregon indictment charged certain defendants with arson, attempted arson, and using and carrying a destructive device. The destructive device charge carried a 30-year mandatory sentence and a life sentence for a second conviction.[11]
On June 28, the government arraigned Nathan Block, Joyanna Zacher, McGowan and Jonathan Paul on a 65-count superseding indictment. All four pleaded not guilty.[citation needed]
Criticism of prosecution
Plea agreement
On November 9, 2006, McGowan and co-defendants Jonathan Paul, Joyanna Zacher and Nathan Block pleaded guilty and signed a
Zacher[17] and Block[18] each pleaded to one count of conspiracy, attempted arson, and two separate incidents of arson. McGowan pleaded to conspiracy and to two separate incidents of arson. The government recommended that they be sentenced to 8 years in prison. Paul pleaded to one count of arson and one count of conspiracy.[19] The government recommended Paul be sentenced to 5 years in prison. All four defendants were free to argue for a lesser sentence.[16]
Prosecutors asked the court to apply a "terrorism enhancement" at sentencing.[20] The defendants could have faced up to 20 years in prison in addition to the terms of the plea agreement. The government was seeking the enhancement because, despite the fact that the crimes involved only the destruction of private property, it was possible their actions could have led to people's injuries or deaths. No government property was damaged in any of the incidents.[16][21]
Sentencing and prison
On June 4, 2007, McGowan was sentenced to seven years in federal prison and ordered to pay $1.9 million in restitution. U.S. District Court Judge
On October 19, 2010, McGowan's request for a transfer from the CMU to general population was granted. However – for reasons never explained to McGowan, his family, supporters, or lawyers
Close to a year prior to the latest transfer, in March 2010, the Center for Constitutional Rights filed a lawsuit on behalf of multiple prisoners, including McGowan and his wife.[27] In the time following the filing of this case, several news pieces that expose the CMUs have been published.[28][29][30][31]
On December 11, 2012, McGowan was released to a halfway house in New York City.
Documentary
In 2011,
See also
References
- ^ a b "Inmate Locator". Federal Bureau of Prisons. Archived from the original on September 30, 2013. Retrieved September 25, 2013.
- ^ a b "Eco-Terror Indictments 'Operation Backfire' Nets 11". Federal Bureau of Investigation. January 20, 2006. Retrieved November 21, 2021.
- ^ Mortensen, Camilla (April 6, 2017). "Former ELF Eco-Saboteur Speaks at the UO". eugeneweekly.com. Retrieved November 21, 2021.
- ^ If a Tree Falls: A Story of the Earth Liberation Front. POV (documentary). PBS. "PBS/POV – only synopsis and biographical info". PBS. Retrieved October 23, 2011.
- ^ Grigoriadis, Vanessa (June 18, 2007). "Is this elf a terrorist? The first New Yorker convicted of ecoterrorism". New York Magazine.
- ^ "Homepage". freefreenow.org. Free Jeff Luers. Archived from the original on March 15, 2008.
- ^ Bader, Eleanor J. (June 1, 2006). "Government Charges Local Man As Eco-Terrorist". brooklynrail.org. Retrieved November 21, 2021.
- ^ "Homepage". WomensLaw.org.
- ^ "Eleven defendants indicted on domestic terrorism charges" (Press release). U.S. Department of Justice. January 20, 2006. Retrieved April 26, 2011.
- ^ "Arson suspect kills self in jail". The Seattle Times. December 23, 2005. Retrieved November 21, 2021.
- ^ "18 U.S.C. § 924 - U.S. Code - Unannotated Title 18. Crimes and Criminal Procedure § 924. Penalties". codes.findlaw.com. Retrieved November 21, 2021.
- ^ Knickerbocker, Brad (January 30, 2006). "Backstory: Eco-vigilantes: All in 'The Family?'". The Christian Science Monitor. Retrieved April 26, 2011.
- ^ "Secret Grand Jury investigations have led to indictments of 12". indymedia.org. Independent Media Center. January 2006. Archived from the original on January 30, 2006. Retrieved November 19, 2021.
- ^ "Environmental + Anarchist witch-hunt under way, a very coherent summary". Indybay.
- ^ "Mueller, January 2006" (Press release). Major Executive Speeches. Federal Bureau of Investigation. January 20, 2006. Archived from the original on April 9, 2010.
- ^ a b c "RE United States v. Daniel Gerard McGowan" (PDF). United States Attorney, District of Oregon. Wayback Machine. U.S. Department of Justice. Archived from the original (PDF) on November 27, 2006. Retrieved November 19, 2021.
- ^ "Zacher plea agreement" (PDF). November 8, 2006. Archived from the original (PDF) on July 17, 2011.
- ^ "Block plea agreement" (PDF). November 9, 2006. Archived from the original (PDF) on September 23, 2007.
- ^ "Paul plea" (PDF). November 8, 2006. Archived from the original (PDF) on September 23, 2007.
- ^ "Construction and Application of Federal Domestic Terrorism Sentencing Enhancement". Archived from the original on July 17, 2011. Retrieved May 29, 2009.
- ^ "Notes from terrorism enhancement hearing". May 15, 2007. Archived from the original on March 26, 2009.
- ^ "Man sentenced to seven years for ecoterrorism fires". KOMO (Radio & TV station). Seattle, WA. AP. June 4, 2007. Archived from the original on April 2, 2012. Retrieved November 3, 2010.
- ^ Harris, Shane (July 13, 2007). "The Terrorism Enhancement: An obscure law stretches the definition of terrorism, and metes out severe punishments". National Journal. Retrieved November 3, 2010.
- ^ McGowan, Daniel (June 8, 2009). "Tales from inside the U.S. Gitmo". Huffington Post. Retrieved September 2, 2010.
- ^ "Daniel McGowan". arprisoners.org. Archived from the original on September 4, 2011. Retrieved August 4, 2011.
- ^ "Daniel McGowan moved back to CMU". earthfirstnews.wordpress.com. February 27, 2011.
- ^ "Aref et al. v. Holder et al". ccrjustice.org.
- ^ "Gitmo heartland". The Nation.
- ^ "Communications management units federal prisons". Backstory. WNYC.org. March 17, 2011. Archived from the original on May 26, 2011. Retrieved November 19, 2021.
- ^ "Guantanamo north: Inside U.S. secretive prisons". npr.org. National Public Radio. March 3, 2011.
- ^ "Leaving Guantanamo north". npr.org. National Public Radio. March 4, 2011.
- ^ "Jailed Environmentalist Daniel McGowan released to halfway house". Democracy Now. December 12, 2012. Retrieved December 15, 2012.
- ^ "Daniel McGowan back in prison CMU". greenisthenewred.com. Huffington Post.
- ^ "Environmental activist Daniel McGowan released MDC prison; returned to halfway house". Update.
- ^ Merlan, Anna (September 25, 2013). "Daniel McGowan: The FBI's least wanted". The Village Voice. Archived from the original on September 27, 2013. Retrieved November 19, 2021.
External links
- Daniel G. McGowan at IMDb
- Radio interview of McGowan following sentencing. Democracy Now! (audio and print transcript). June 11, 2007.
- "Department of Justice press release of the arrest". January 19, 2006. Archived from the original on December 14, 2006.
- "Civil Liberties Defense Center".
- "Green is the new Red".
- "EcoPrisoners.org". Archived from the original on November 11, 2020. Retrieved May 31, 2020.
- "FBI's Operation Backfire". Federal Bureau of Investigation. U.S. Department of Justice. January 2006. Archived from the original on August 17, 2010.
- "Government charges local man as eco-terrorist". Brooklyn Rail. Brooklyn, NY. June 2006.