PLOWSHARES VS. DEPLETED URANIUM: Early in the morning on December 19, 1999, the fourth Sunday of Advent,
Philip Berrigan and Susan Crane, plowshares activists from Jonah House; Fr.
Steve Kelly, SJ. who noncooperated with probation restrictions upon his release
from prison for the Prince of Peace
Plowshares action; and Elizabeth Walz, a Catholic Worker from Philadelphia,
entered the Warfield Air National Guard Base in Middle River, Maryland. They
hammered and poured their blood on two A-10 Warthog (Fairchild Thunderbolt II)
aircraft. They sought to disarm the A-10’s for these planes are equipped with a
Gatling gun which fires 3,900 rounds of depleted uranium (DU) per minute. DU is
a dense radioactive waste product and heavy metal that is used in munitions
because it can burn its way through tank armor and oxidizes, releasing
radioactive particles up to 25 miles away. When injested, these toxic particles
cause chemical and radioactive damage to the bronchial tree, to kidney, liver
and bones, causing somatic and genetic trauma. Cancer often results. DU is not
only toxic to people but also poisons the environment. The A-10’s fired 95% of
DU in Iraq leaving behind over 300 tons of this poisonous element. Over 10 tons
of DU was used by the US in Yugoslavia.
As
Federal Air Police arrested them, Steve was pepper-sprayed and Susan was
tackled. They were then jailed, pending trial.
On
March 20 their jury trial commenced in Baltimore County Circuit Court. Prior to
the trial, Judge James Smith granted the prosecutor’s In Limine Motion, which
amounted to a “gag order” against the defendants. Consequently, the defendants
would not be allowed to explain why they disarmed the A-10’s or call expert
witnesses.
On
March 22, when the defense called Dr. Doug Rokke, a veteran and foremost expert
on DU, the judge found his testimony inadmissible in advance. Susan’s testimony
was severely restricted, and when she refused to answer who drove the group to
the base, the judge called a recess.
Susan then informed the judge that because of the extreme repressive
nature of the trial they would no longer participate in the proceedings. Then,
supporters began to speak out against the court’s suppression of the truth and
chanted, “I drove the van.” As some supporters were being removed from the
court by marshals, Steve read from the scriptures, followed by singing from
supporters. When the trial resumed, the defendants refused to return to court
and remained in their holding cells in the courthouse. After closing statements by the prosecutor,
the case went to the jury. After 4 1/2 hours the jury could not agree on a
bogus assault charge that had been filed against Susan. A mistrial was declared
on that charge and the prosecutor stated he would not retry her in the future.
The four were all convicted of malicious destruction of property—with property
damage of more than $300 and conspiracy to maliciously destroy property. Phil
was sentenced to 30 months imprisonment, Steven and Susan to 27 months, and
Elizabeth to 18 months. They were also each ordered to pay one-fourth of
$88,622.11, and should they be released pending appeal, each would need to post
$90,000.
In their action statement the
group declared “We come…to convert the A-10, as Roman Catholic Christians, in
obedience to God’s prohibition against killing. Also, to embody Isaiah’s vision
of a disarmed world where hearts are converted to compassion and justice and
the weapons are converted to tools of peace. Finally, to atone for another nuclear
war in Iraq, and a third in Yugoslavia. So help us God.”
On
January 3rd and 12th, 2001, Crane and Berrigan were released from prison on
third party custody pending a probation revocation in Portland, Maine for
violating the terms of their sentence for the Prince of Peace Plowshares
action. On February 2, 2001, appearing before their original sentencing judge,
Gene Carter, they answered charges of committing a crime, associating with
felons, and not paying restitution. They were each sentenced to 1 year in
prison and immediately incarcerated.