Judge rules that the Animal Liberation Front is not a "gang"

January 27, 2:29 PM
San Diego Examiner

In a victory (one too few), a court ruled that the Animal Liberation Front ("ALF") was not a "gang."

The Federal government indicted two animal rights protesters, 62-year old Faith Greene and 23-year old Richard Olliff, accusing them of being "gang members." However, Judge David S. Wesley finding that the prosecution's expert, Lt. Butte, had "misled the grand jury" ruled that the ALF did not meet the legal requirements to be considered a gang. Instead, Judge Wesley found that the ALF's "primary goal is to save animals, not commit crimes." Nevertheless, other charges remain against the two animal activists.

Greene and Olliff were indicted after protesting and demonstrating against animal researchers at UCLA, Dr. Lynn Fairbanks and Dr. Dario Ringach, who were the "victims" according to the indictment. Greene and Olliff also protested against an employee of POM Wonderful. POM uses animal research in their advertising to try to support claims that their juice helps men with erectile dysfunction. Green and Olliff were charged with stalking, conspiracy to commit stalking, threating a public officer or school employee, marking this the first time the California stalking law had been used against a protester.

Greene and Olliff demonstrations including allegedly chanting: "we know where you sleep at night," "free the animals, ALF," and "you can't stop the ALF" which, according to the prosecution, is not speech protected under the First Amendment, but rather threats.

While UCLA officials have reported at least 10 arsons, attempted arsons, vandalism and threats against researchers and their families in the last three years, neither Greene nor Olliff were charged with any of the arsons. Nevertheless, the LA District Attorney's Office called Greene and Olliff "domestic terrorists."

Federal law defines the term "gang" as "an ongoing group, club, organization, or association of five or more persons: (A) that has as one of its primary purposes the commission of one or more of the criminal offenses described in subsection (c); (B) the members of which engage, or have engaged within the past five years, in a continuing series of offenses described in subsection (c); and (C) the activities of which affect interstate or foreign commerce." 18 USC Section 521 which carries a maximum penalty of 10 years in jail.

Meanwhile, Olliff and Greene have been in jail for the past nine months and will remain there for the time being as Judge Wesley refused to reduce bail from the government-requested $460,000 to the defense-requested $46,000. Greene is being held on a $450,000 bail. Trial on the remaining counts is scheduled to commence March 3rd.

For more info: Animal Liberation Front: ; Definition of "Gang" under federal law:  law.onecle.com/uscode/18/521.html ; EcoStar Law, PLLC:  www.ecostarlaw.com .