Animal rights activists accused in UC Santa Cruz researcher attack move to dismiss case

Jennifer Squires
Posted: 06/05/2010
Santa Cruz Sentinel

SAN JOSE - Four animal rights activists accused of taking part in a violent demonstration at the home of a UC Santa Cruz researcher are fighting to have the federal indictment filed against them dropped.

Joseph Buddenberg, Maryam Khajavi, Nathan Pope and Adriana Stumpo will appear in federal court in San Jose on Monday morning, at which time a judge will hear a motion that could end their case.

In court papers, the activists' attorneys argue that there was insufficient evidence to support the indictment against them. They were arrested in February 2009, a year after the demonstration that police say got out of hand and led to the husband of the researcher being attacked when he tried to prevent protesters from entering the family's Westside Santa Cruz home.

The motion to dismiss is one of several motions that will be heard Monday, according to Robert Bloom, attorney for Buddenberg. Bloom said Friday that the two-count indictment is inadequate because it "doesn't say anything."

"The argument will be: 'Judge, this doesn't tell my client what he did wrong,'" Bloom said.

The indictment states the foursome conspired to interfere with animal enterprise, a violation of a federal law.

But attorneys, in court papers filed in April, argue that the descriptions of what the activists are accused of are so vague, it's impossible for them to determine what allegations they're supposed to defend themselves against.

Moreover, Bloom said, the indictment doesn't spell out the illegal activity in such a way that other activists can look to the court document and curtail their activities so they're within the law.

"They have intentionally kept it vague for political reasons," Bloom said. "You don't know what you can't do."

Pope is a one-time Cabrillo College student from Oceanside. Stumpo is a former UCSC student from Long Beach. Buddenberg is from Berkeley, and Khajavi, of Pinole, also is a former UCSC student. Bloom said the foursome were simply picketing in front of homes of UC Berkeley and UCSC scientist whose work involves research on animals.

"They don't want to put that in the indictment," he said. " ... You're allowed to do that in the United States."

No one has been charged in the more egregious animal rights incident of 2008: the August firebombings of two UCSC researchers' homes.

Police continue to investigate that incident, as well as last month's report that someone cut the brake lines on a vehicle belonging to another UCSC scientist. That man's work did not involve animal testing.

The judge will hear the arguments around 9 a.m. Monday and take them under consideration, but it's unlikely a ruling will be issued the same day. The four face federal prison time if convicted.