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Three religious sisters who inspected and symbolically disarmed a nuclear missile in Colorado last October have been convicted of “interference, injury, or obstruction” of national defense materials and destruction in excess of $1,000 of government property. Sisters Carol Gilbert, Jackie Hudson, and Ardeth Platte, all members of a Michigan Dominican order, will be sentenced on July 25 in federal court in Denver. Under federal sentencing guidelines, their effort last October 6 to verify and decommission a premier “weapon of mass destruction” is likely to earn them prison sentences of five to eight years.
Since their arrest, and now until their sentencing, the women have been held in the Clear Creek County Jail, west of Denver, refusing to accept release on their own recognizance, insisting they have committed no crime.
Their trial began March 31 before U.S. District Judge Robert Blackburn and a full room of supporters from points spanning the continent. Gilbert and Platte have been members of the Jonah House community in Baltimore for many years, and current and former members traveled to Denver for the trial. Hudson had friends in court from Washington state, where she is a long-time member of the Ground Zero Center for Nonviolent Action.
The defendants and advisory counsel had prepared a compelling case, but supporters witnessed yet another federal judge avoid a difficult encounter with justice. Blackburn began paving his safe detour in February, when the court heard several pretrial motions.
The defendants’ asked for dismissal based on the legality of their actions under international law, while prosecutors sought to restrict such pertinent testimony. International Law professors Ved Nanda of Denver University and Francis Boyle of Illinois University both answered an unequivocal “yes” when asked “In your opinion, did the defendants act legally on October 6 at silo N-8?”
Blackburn ruled on the
motions March 22. All motions to dismiss were denied, and he forbid the arguments
put forward from being used in their defense at trial. The prosecution motion
in limine was granted, further muffling the voice of conscience in his
court of law. Significant in Blackburn’s ruling was his rejection of
the defendants’ argument that nuclear-armed missiles are not legitimate “national
defense material” but instead offensive weapons of the highest order.
Despite these rulings,
the defendants’ true motive and intent could not be kept hidden. Platte’s
passionate opening statement in her own defense moved some in the courtroom
to tears. Their life-long dedication to humanity and their knowledge of the
destructive power of nuclear weapons compelled the women to take action when
belligerent warriors were hinting at a nuclear attack on Iraq.
Denver attorney Walter Gerash, representing Sisters Gilbert and Hudson, argued in his opening statement that their act was one of “symbolic religious disarmament of a weapon of mass extermination,” and did not “interfere” with or “damage” the national defense, as charged. Even the Air Force personnel testified that the cutting of the perimeter fence, the pouring of blood in the shape of crosses, and minor hammering on a steel rail had not damaged the missile, its warhead, or its mission.
Jury deliberations began
on Friday but did not conclude until Monday, April 7. That morning, the jury
asked a few clarifying questions, among them whether they had to find “interference,
injury, and obstruction” of the national defense or just one of the
three actions spelled out in the law. The judge replied just one, and a guilty
verdict was returned shortly thereafter.
As the judge read the verdict, Susan Crane shouted “Shame!” and “This
is a kangaroo court” before Blackburn ordered her removed from the courtroom.
The jury forewoman later explained that the twelve felt bound to the law, and
followed it, rather than their hearts, which were all sympathetic to the plea
for disarmament they had heard.
Since conviction, the women have filed a detailed and thoughtful motion for acquittal, a new trial, or a declared mistrial. Meanwhile, says attorney Susan Tyburski, “They’re doing important work where they are now, counseling women who are incarcerated and responding to the hundreds of pieces of mail they’re receiving.”
For more information,
contact Bill Sulzman, POB 915, Colorado Springs, CO 80901, (719)389-0644.
The women suggest that letters of support be mailed to the probation department,
as suggested by the officer preparing the presentencing report. Letters could
be written about your awareness of the sisters and their character as a group
or about the women individually. Letters are due before June 1. Please write
the letters to Judge Robert Blackburn, who will sentence them. Mail the letters
to: Susan M. Heckman, Senior U.S. Probation Officer, 1961 Stout St., Suite
525, Denver, CO 80294-0101, Fax (303)844-5439.
Because there is a possibility the women may be transferred prior to sentencing, they have requested that letters of support be individually addressed to Carol Gilbert, Jackie Hudson, and Ardeth Platte c/o Jonah House, 1301 Moreland, Baltimore, MD 21216.
