Activists Charged With Threats To Researchers Appear in Court

By Keena Batti
Contributing Writer
Friday, February 27, 2009

Two of the four animal rights activists arrested last week for allegedly threatening UC researchers appeared in court yesterday to discuss preliminary details of their cases.

Berkeley resident Joseph Buddenberg and Maryam Khajavi-along with Adriana Stumpo and Nathan Pope, who did not appear in court-are accused of violating the Animal Enterprise Terrorism Act, which calls for the prosecution of those interfering with animal enterprises.

The activists have been linked to four incidents against UC Berkeley and UC Santa Cruz animal researchers, including trespassing, protests and distributing threatening fliers.

Buddenberg appeared in a federal court to review the conditions of his release, said Christine Garcia, an attorney who represented him yesterday but will not during future proceedings.

The judge ruled Buddenberg will remain in a halfway house, a secured facility where detainees are permitted to leave for work, until his court date.

Tony Serra said Khajavi appeared in court to identify Serra as her attorney. Khajavi was released on $20,000 bail earlier this week.

Serra denied that Khajavi violated the act's standards.

"None of these professors could be in reasonable fear of death," Serra said. "I think the charge will never show that beyond a reasonable doubt."

UC Berkeley spokesperson Dan Mogulof said 160 incidents of threats toward campus animal researchers in the last 18 months are alarming.

"One only has to look at recent events at UC Santa Cruz where a professor's home was firebombed to understand that these people are doing their best to create a climate of fear and intimidation for (researchers)," he said.

If found guilty, the activists could face up to five years in prison.

Serra said the activists' case will most likely go to trial in a year.

"This case is going to be one of those litmus tests for freedom of speech?-that's why it's very significant," he said. "I expect those involved will all be vindicated."

However, Mogulof said the acts were not within the limits of free speech.

"There comes a point where you cross the line of free speech to threatening and illegal behavior," he said.

Their preliminary hearing is set for March 19 at a San Jose federal court.

Tags: UNIVERSITY OF CALIFORNIA , UCPD