Prosecutor: Monkey-wrencher won't do long prison time

'Curious' case » 'That's good news,' says DeChristopher, whose clean record would help if he is convicted.

By Patty Henetz, The Salt Lake Tribune Salt Lake Tribune
Updated:04/03/2009 08:08:32 PM MDT

 Tim DeChristopher has no chance of serving 10 years in federal prison for monkey-wrenching an oil and gas lease sale as an act of civil disobedience.

So says his prosecutor, who predicts the University of Utah student won't even serve five years if convicted of two felonies for placing bogus bids at a December auction.

In a rare interview about a pending case, U.S. Attorney for Utah Brett Tolman said Friday he already is talking plea deals with DeChristopher's lawyers -- something he maintains had to wait until the grand jury handed up Wednesday's indictment.

"There's a perception of heavy-handedness," Tolman said. But since DeChristopher has no criminal record, he added, "I don't think he'll get anywhere near five years."

While any sentence would be up to a judge, the prosecutor said maximum punishments are rare -- especially for defendants with clean slates.

"That's good news," DeChristopher said Friday.

But the environmental activist re-emphasized that he has been bracing for punishment since he picked up paddle No. 70 and proceeded to win bids on 14 parcels with no intention of paying the $1.8 million for them.

DeChristopher has trumpeted all along that he intended to short-circuit the Salt Lake City auction to prevent oil and gas drilling near Utah national parks and to bring attention to larger global issues.

"I feel very strongly about the threat to our participatory democracy," he said. "Defending our democracy is certainly something worth going to prison for -- as is defending our climate."

During Friday's interview in his Salt Lake City office, Tolman sought to tamp any notion that prosecuting the 27-year-old economics major is politically motivated.

"The easy road was not to prosecute. The political road was not to prosecute. If we chose not to prosecute," he said, "we would have been caving to strong political pressure."

The prosecutor, a Bush appointee who has been U.S. attorney for Utah since October 2006, said rumors are circulating about his future and a potential political campaign.

"I'm not running for Congress," Tolman insisted. "I'm trying to do this job, and make decisions that are based solely on facts and the law."

Some wonder why DeChristopher is being prosecuted at all since Interior Secretary Ken Salazar shelved 77 of the lease parcels offered in the Dec. 19 auction. Before that, U.S. District Judge Ricardo Urbina enjoined the Bureau of Land Management from leasing those parcels under a lawsuit filed by the Southern Utah Wilderness Alliance and several other conservation and historic-preservation groups.

Tolman said he couldn't take those developments into consideration in the case. Rather, he said, he had to apply federal law and measure the defendant's intent.

Oil and gas bidders have complained that DeChristopher's actions harmed them financially, but Tolman said even that doesn't matter. "There could be no damage, [but] still criminal violations."

Now that the charges have come and DeChristopher's arraignment has been set for April 28, Tolman said he can negotiate with the U. student's lawyers: Pat Shea, a former BLM director, and Ron Yengich, a prominent Utah defense attorney.

Shea wouldn't comment Friday on any deal discussions, but questioned why Tolman was talking about sentences when they are a judge's job.

"To quote 'Alice in Wonderland,'" he said, "the story gets curiouser and curiouser."
Court date looms

Indicted monkey-wrencher Tim DeChristopher's arraignment is scheduled for April 28 in Salt Lake City's federal court.

Prosecutor: Monkey-wrencher won't do long prison time

'Curious' case » 'That's good news,' says DeChristopher, whose clean record would help if he is convicted.

By Patty Henetz, The Salt Lake Tribune Salt Lake Tribune
Updated:04/03/2009 08:08:32 PM MDT

 Tim DeChristopher has no chance of serving 10 years in federal prison for monkey-wrenching an oil and gas lease sale as an act of civil disobedience.

So says his prosecutor, who predicts the University of Utah student won't even serve five years if convicted of two felonies for placing bogus bids at a December auction.

In a rare interview about a pending case, U.S. Attorney for Utah Brett Tolman said Friday he already is talking plea deals with DeChristopher's lawyers -- something he maintains had to wait until the grand jury handed up Wednesday's indictment.

"There's a perception of heavy-handedness," Tolman said. But since DeChristopher has no criminal record, he added, "I don't think he'll get anywhere near five years."

While any sentence would be up to a judge, the prosecutor said maximum punishments are rare -- especially for defendants with clean slates.

"That's good news," DeChristopher said Friday.

But the environmental activist re-emphasized that he has been bracing for punishment since he picked up paddle No. 70 and proceeded to win bids on 14 parcels with no intention of paying the $1.8 million for them.

DeChristopher has trumpeted all along that he intended to short-circuit the Salt Lake City auction to prevent oil and gas drilling near Utah national parks and to bring attention to larger global issues.

"I feel very strongly about the threat to our participatory democracy," he said. "Defending our democracy is certainly something worth going to prison for -- as is defending our climate."

During Friday's interview in his Salt Lake City office, Tolman sought to tamp any notion that prosecuting the 27-year-old economics major is politically motivated.

"The easy road was not to prosecute. The political road was not to prosecute. If we chose not to prosecute," he said, "we would have been caving to strong political pressure."

The prosecutor, a Bush appointee who has been U.S. attorney for Utah since October 2006, said rumors are circulating about his future and a potential political campaign.

"I'm not running for Congress," Tolman insisted. "I'm trying to do this job, and make decisions that are based solely on facts and the law."

Some wonder why DeChristopher is being prosecuted at all since Interior Secretary Ken Salazar shelved 77 of the lease parcels offered in the Dec. 19 auction. Before that, U.S. District Judge Ricardo Urbina enjoined the Bureau of Land Management from leasing those parcels under a lawsuit filed by the Southern Utah Wilderness Alliance and several other conservation and historic-preservation groups.

Tolman said he couldn't take those developments into consideration in the case. Rather, he said, he had to apply federal law and measure the defendant's intent.

Oil and gas bidders have complained that DeChristopher's actions harmed them financially, but Tolman said even that doesn't matter. "There could be no damage, [but] still criminal violations."

Now that the charges have come and DeChristopher's arraignment has been set for April 28, Tolman said he can negotiate with the U. student's lawyers: Pat Shea, a former BLM director, and Ron Yengich, a prominent Utah defense attorney.

Shea wouldn't comment Friday on any deal discussions, but questioned why Tolman was talking about sentences when they are a judge's job.

"To quote 'Alice in Wonderland,'" he said, "the story gets curiouser and curiouser."
Court date looms

Indicted monkey-wrencher Tim DeChristopher's arraignment is scheduled for April 28 in Salt Lake City's federal court.