On June 24, 2000, Michael Sprong, co-publisher of Rose Hill/Fortkamp
Books and peace activist, and Bonnie Urfer, member of NukeWatch and peace
activist—both from Luck, WI, entered the ELF site near Clam Lake, WI. 
In an act of disarmament and crime prevention, they
used hand-held Swede saws to cut down three poles supporting the transmission
lines for the US nuclear submarine communication system, taking the transmitter
off-line. They attached references to laws and treaties to the poles they cut.
In their action statement they declared that their action was justified because
Project ELF is an imminent threat to people and the environment. They waited
for over an hour for Ashland County Sheriff Deputies to arrive, who then took
them into custody. This is the fifth time since 1984 that the ELF transmitter
has been shut down by activists who simply walked up to poles supporting the 28-mile-long
transmitter antennae and cut them down with handsaws.
A witness to
the action, Barbara Katt, of the Anatoth Community in Luck, was also taken into
custody on suspicion of being “party” to the alleged crime.
The following day,
ten supporters held a support vigil at the ELF site. Annika Spalde and Kate
Berrigan were arrested for delivering an indictment that was carried by Bonnie
and Mike on June 24. They were charged with trespass and jailed until the
following night.
At the first
hearing for Mike, Bonnie and Barb on June 27, Barb was released for lack of
probable cause. Mike posted $1000 bond and was released. Bonnie was denied bond and
ordered held on outstanding warrants, each from previously unpaid Project ELF
protest fines. She was released after a week. Due to information that the US
District Attorneys Office would prosecute the case, the Ashland County District
Attorney declined to prosecute the two on a state charge of intentional damage
to property. On Oct. 18, the two were informed that they will be charged in
U.S. District court with “willfully injuring property belonging to the U.S.
department of the Navy”. This Federal misdemeanor charge carries a maximum
penalty of a 1 year prison sentence.
On
February 20‑21, 2001, Bonnie and Mike were tried by a jury in Federal
Court in Madison, Wisconsin. In pre‑trial orders presiding Magistrate
Crocker ruled "irrelevant and inadmissible" any and all testimony or
evidence referring to Project ELF, Trident submarines, nuclear weapons policy,
international law, the laws of war, or the US Constitution, which explicitly
elevates treaty law above all federal statutes. During the trial jurors watched
a 25 minute videotape of the action made by activist Barb Katt. The video was
taken as evidence when Katt was apprehended at the action site, and presented
as part of the prosecutors case. While the video showed Bonnie and Mike posting
a Citizens' Indictment citing these documents and the word
"Nuremberg" clearly painted on the sawed down pole, neither the
Indictment nor the Nuremberg Principles were allowed as evidenced or seen by the
jurors.
The
Magistrate did permit the "advice of counsel defense", which might
excuse a crime if the defendants acted in good faith believing the competent
legal advise of an attorney that a certain act would be lawful. But Crocker
called for a strictly abbreviated version of such testimony. Bonnie and Mike
testified about the advice given them by several attorney's, including Anabel
Dwyer, an adjunct professor of International human rights law who helped argue
the International Court of Justice case regarding the use and threat of nuclear
weapons. They argued how the actions they took to stop the annihilation of life
on Earth was lawful and necessary under International law and Article VI of the
US Constitution asserting that treaties endorsed by the US are the
"supreme law of the land." The jury took three hours before rendering
a guilty verdict. On May 4 Bonnie was sentenced to 6 months in prison and
ordered to pay restitution of $7,492.44 and given 1 year supervised release.
She was immediately incarcerated. Mike was sentenced to 2 months imprisonment,
the same amount of restitution and 1 year supervised release. He was permitted
to self‑surrender to prison on May 25, 2001.