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Indybay Feature

Update on Political Prisoner Jeff 'Free' Luers

by freefreenow@ziplip.com (freefreenow [at] ziplip.com)
Update on what is going on with Jeff 'Free' Luers, currently serving a 22.5 year sentence.
freewithchild.gif
February 5, 2003

Hello Friends of Free,

Sorry we have been out of contact for so long and excuse us for this generic email. We are hoping to send out monthly updates from now on.

The biggest piece of news we have to share with you is that Free’s appeal was filed on January 13th. The appeal is quite large and covers many aspects of Jeff’s ludicrous trial and sentence. You can read an analysis of Free's appeal at
http://www.freefreenow.org/appeal.html Free
has asked that people write letters to the Attorney General of Oregon in support of this appeal. This appeal is one tool being used to make sure that Free does not spend the remaining 22 years of his sentence
in prison. Please take a few minutes to write a letter to the attorney general for Free. Make sure to include the appeal number, a return address for yourself and, for Free's sake, be polite.

Below is a sample letter to the Attorney General of Oregon. Please use it as a guide and write your own letter. You can also download a sample letter and flier at
http://www.spiritoffreedom.org.uk/downloads/index.html

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Sample Letter to the Attorney General of Oregon for Free

Mr. Hardy Meyers
Attorney General of Oregon
400 Justice Building
Salem, Oregon 97310

Re: Jeffrey Luers Appellate case #A115208

Dear Sir,

I am writing in regards to the Circuit Court appeal of Jeffrey Michael Luers. Jeffrey is appealing his conviction and sentence relating to the 2000 arson at the Romania Chevrolet and attempted arson at Tyree Oil Company, both in Eugene, Oregon.

How can a single fire result in three separate counts of first degree Arson with enhancement to measure 11? Furthermore, Jeff did not attempt the arson at Tyree. The fingerprint found did not match Jeff's or his co-defendant. Can we allow circumstantial evidence and
speculation to rob a boy of his entire youth?

At trial, the State's witness testified that they were in no danger of injury to anyone including responding firefighters. By his own admission, Jeff stated that great care was taken to prevent injury to anyone, stating upon sentencing "I fight to protect life, all
life, not to take it." The fire resulted in less than $40,000
worth. While not dismissing the serious nature of the crime, enhancement to Measure 11 is unwarranted as it remains a property crime and the risk posed to life was minimal if any. Two of the trucks have since been fixed and are on the road now.

Jeffrey was sentenced to 22 years, eight months, a sentence far greater than that faced by many offenders convicted of violent acts against individuals. For example, Manslaughter 1 carries a 10-year
sentence, Attempted Murder, only 7 and a half years, Rape 1 carries 8 years four months. Mr. Hardy, Jeff's sentence is vastly disproportionate to the crime of burning three vehicles. Jeff's sentence is due more to his political beliefs than to the severity of
the crime.

After setting fires in the Umpqua National Forest (to gain
overtime)US Forest Service fire safety specialist Tamara L. Meredith was arrested on 35 counts of arson in August 1998. She was convicted on 2 counts and sentenced to 3 years, despite the threat posed to the
responding 600 firefighters.

I understand that the law is meant to deter crimes, however, it is appears that Jeff's amplified sentencing reflects a political intention to discourage similar actions, rather than being a well reasoned or proportionate response to the actual harm and actual risk posed by his action. Please reverse the conviction on 3 separate counts of Arson 1.

Mr. Meyers, Jeff Luers is not the "domestic terrorist" that
the prosecution has depicted him to be. Jeff is a well loved, and dedicated environmental activist who has never harmed anyone.

It is my sincere hope that you will take these points into account with regards to Jeffrey's appeal, and that you will consider allowing the State of Oregon to concede to a lesser sentence of 66 months like his co-defendant, in the interest of justice.

Instead of remaining locked away for a decade or two as we "continue to pollute and destroy the natural world" as Jeff stated upon sentencing, perhaps requiring Jeff to educate people o n the dangers posed by global warming and our excessive consumption patterns
would be a better form of rehabilitation than burying him alive.

Sincerely,
your name & address
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Eugene Weekly Article on Free-January 30, 2003

Free Appealing

Jeffrey Free Luers, the activist who was sentenced to more than two decades in prison for starting a fire that burned three trucks, has started the long, winding process of appealing his sentence and
convictions on multiple counts of arson and attempted arson.

The majority of it is trying to get my sentence reduced down to a reasonable amount of time, Free told EW during an interview inside the Oregon State Penitentiary.Free said he and his attorney, public
defender Shawn Wiley, are confident the sentence could be reduced by about half, to 11 to 13 years. That, hes almost 95 percent positive about, the inmate said. As far as going below that, we dont have any expectations.

Free and his co-defendant, Craig Critter Marshall, were arrested in June 2000 for starting a fire at Romania Chevrolet on Franklin Blvd. Critter pleaded guilty to two lesser charges and is serving a 5-year
sentence at the Snake River Correctional Institute in Ontario, Ore. Frees case went to trial, where he was linked to an attempted arson at Tyree Oil on West 1st Ave. He denies being involved in or knowing
about the Tyree incident.

His Jan. 14 filing before the Oregon Court of Appeals raises a number of issues beyond the length of his sentence. For example, Frees attorney argues that police searches of a car and a storage room Free
used were illegal, and that he had been illegally detained before the searches.

The brief also deconstructs the legal logic that led to the 266-month sentence. One point of contention is the judges declaration that the risk of injury or death posed by a fire justifies a long prison term. Wiley says that is erroneous the judge should only have considered
what actually happened, not what could have happened. No one was injured in either incident.The state has until March 4 to file a response. The entire appellate process is expected to take a year to 18 months.
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Compilation of Free's writings and artwork available

'Let's Get Free'-a new, 24 page zine of writings for, by and about anarchist & Earth liberation prisoner Jeff 'Free' Luers is available for a donation of $5. Proceeds of the sale of this zine will go to Jeff Luers directly. This 24 page, 8 x11 inch, well produced new zine
contains the following and many more
writings:

Words from Free, Who is Jeff Luers?, Earth First! Journal Interview with Free, Free's Sentencing Statement, 'Rob and Free at OSP' mutual
interview, Free's statement on the Romania arson, 'Never cry Wolf' by Killing King Abacus zine, Letters to the Eugene Weekly in defense of Free and Divided and Conquered? Plus original artwork, poetry, Oregon
state mailing regulations for sending Free mail, ways to support Free and more!To order this zine, send $5 or more to Break the Chains, POB 11331, Eugene, OR 97440. All proceeds (above copy costs) will go to Free.

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Website Update

Our website is now being updated and will soon have more writings by Free, news media and indy articles about Free, new photos, letters, ways to help Free, downloadable fliers and more. As always, please
send feedback to us at this account.

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Sports Utility Vehicles

SUVs have come under attack from many different areas of society in the past couple of months. From the ads run by the Detroit Project to the religious groups asking 'What Would Jesus drive?" to people damaging SUVs in Virginia, SUVs are taking a beating from all sides.
Clearly, people are getting the fact that SUVs are warming the atmosphere at an absurd rate.As you know, Free and his codefendant Critter (Craig Marshall) are serving sentences for damaging SUVs over
two years ago. Here are some resources:

http://www.baaction.org/SUVticket - Bay Area
anti-SUV site allows you to print out a fake parking ticket
http://www.thedetroitproject.com - How SUV's
are linked to terrorism
http://www.suv.org - A Friends of the Earth
resource on SUV's
http://whatwouldjesusdrive.org- controversial
question posed by environmental minded Christians
http://www.changingtheclimate.com

Here's good sites on global warming:
http://www.heatonline.org
http://www.sierraclub.org/globalwarming
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Some other ways to help Free

Contribute to Free's Legal Defense

As you know, Free is appealing his 22.5 year sentence. This will take thousands of dollars.This is the largest expense in defending oneself from state charges. If you are interested in contributing to his appeal-send donations made out to 'Free's Defense
Network' and send them to POB 50263, Eugene, OR 97405 or click the 'make a donation' button on our website and donate by credit card over a secure connection.

Contribute directly to Free’s account

To send Free money directly: make a check or money order out to: DOC Central Trust for (For Jeffrey Luers, #13797671) 2575 Center St. NE Salem, OR 97310-0470. This money is used for commissary costs like stamps, envelopes, some food items etc.

Write Free

Prison is an extremely lonely place and sending letters to Free asking how you can help, sharing stories, telling him about what is going on in the world is a great way to help. Free responds to his letters and is a great correspondent. All letters can be sent to: Jeffrey Luers, #13797671, Oregon State Prison, 2605 State Street, Salem, OR 97310. Take care not to write
anything on the envelope except the addresses and to avoid writing the words "Anarchy" or "Anarchism". See the Oregon Mail Regulations on the site for more specific information on what can and cannot be sent.

Send Free a Book

If you can afford to send a book, please do! Reading is one of the few things that make life in prison a little bearable as it offers a brief escape through the imagination and intellect. You may want to
write Free first to see what he would like to read. Also, be sure to have books directly sent to Free. Books have a better chance of getting in if they come directly from publishers.Try these:
AK Press offers a 40% discount on books to prisoners-You must tell them this when you order. 674A 23rd Street, Oakland, CA 94612. (510)
208-1700.
Amazon.com Has tons of books and is quite reliable.
Left Bank Books- 2 Pike Street, Seattle, WA 98101. (206) 622-0195.
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For more information about Free, contact:

Free's website- freefreenow [at] ziplip.com
Howl for Freedom, POB 50263, Eugene, OR 97405
Break the Chains, POB 11331, Eugene, OR 97440
http://www.breakthechains.net
Anarchist Prisoner Legal Aid Network (APLAN), 818 SW 3rd Avenue, PMB
354, Portland, OR 97204. weneversleep [at] ziplip.com

NA Earth Liberation Prisoners-ELPSN naelpsn [at] graffiti.net
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Websites:
http://www.freefreenow.org
http://www.spiritoffreedom.org.uk/prisoners/fc/free.html
http://www.breakthechains.net

Free's Bio http://www.freefreenow.org/freebio.html
Free's Appeal http://www.freefreenow.org/appeal.html
Free's writings http://www.freefreenow.org/letters.html
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