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Daniel's First Outbound Communication

UPDATE: Daniel will be leaving MDC Brooklyn soon. Please hold off on sending letters until we have a new address for him. Following sentencing, we put up some information regarding the background of the site at supportdaniel.org.
solidarity
solidarity
July 9, 2007 Blog

Friends,

Well, I have been here one week now and although I don't have any stamps yet, and writing with a 4 inch pen that bends is miserable, I thought I would write if only to say I'm OK. The two months I did back in 2005 did not, unfortunately, leave a lasting enough impression on me and my entrance back to prison has been jarring in many ways. A good place to start and a question you may have is "why did I have to report so early?" I'll start from my sentencing.

On June 4th, Judge Aiken sentenced me to a term in federal prison of 84 months, just 8 months less than what the prosecution wanted, citing my activism from 2001 to my arrest. When the Judge asked the Department of Probation person how long it would take for the BOP (Bureau of Prisons) to classify and designate me, she mistakenly said "30 days." I never objected to this despite the fact I knew the BOP takes 4-6 weeks to designated prisoners. Fast forward a few weeks. My legal team files a motion asking for me to stay out on bond pending designation. I thought it would be successful since my time on pre-trial release had been incident-free and both the Department of Probation and Pre-Trial services did not object. However, the prosecution objected citing three reasons:

1. They said my interview with Amy Goodman on Democracy Now! in early June showed I had no remorse from my crimes.
2. My support website, supportdaniel.org was "operational."
3. That had a link to sell a children's book which encouraged children to employ arson and sabotage as a tactic.

As luck would have it, I lost and was directed to report to prison on July 2. Regarding the prosecution's brief, my interview with Amy Goodman on Democracy Now! was quite long and I expressed regret at many points. I expressed regret in using arson as a tactic as well as not having people in my life at that time who could have steered me off the path I was on. My assertion that I did not do anything morally wrong seems to be the quote that got a reaction. The website, supportdaniel.org , run by my wife Jenny since January 2006 is online and last I checked, will continue to be online for the indefinite future. Since it's a website set up by people close to me who love and support me, I see no reason why it would be taken down.

As I write this, I realize that I am indeed opening up a can of worms. I have a 7 year prison sentence and a lot of time to write. Being publicly silenced to comment on my case has not been easy and I assure you I have a lot to say. We have a lot of time to cover all these topics. For now, I'm ok. I'm at the Metropolitan Detention Center (MDC) in Sunset Park, Brooklyn. It is a boring, lifeless jail housing over 2000 men either awaiting trial, or like me, awaiting designation. The prisoners (not inmates) are mostly alright and I have had lots of interesting conversations so far. Even the guards are chill and I'm swapping the meat off my plate for more veggies. I've been working out, shooting hoops and doing a lot of laps in the rec area. I should be here for a few more weeks before being transferred somewhere by the BOP.

There is no way I can adequately thank you all but please accept my heart felt thank you for the bottom of my heart for all the incredible support. After a boring weekend I was greeted with 20 letters today!

Keep fighting and don't let them get you down.

With love from behind enemy lines,
Daniel

PS - Please don't forget about my fellow non-cooperating defendants Joyanna, Nathan and Jonathan. The first two, like me, are awaiting designation and Jonathan is to be sentenced on August 1st. More to say about my other co-defendants later...

homepage: homepage: http://supportdaniel.org
address: address: new address coming soon


Namaste 17.Jul.2007 19:51

Jane

Your interview on democracy now, if anything, expressed a much more apologetic tone than I thought was necessary, or to be honest, wanted to hear. However, awaiting sentencing as you were, I understood why. Yes, anything you say can and will be used against you. Be strong, and keep speaking anyway. If everyone were as strong as you and Nathan and Joyanna, no one would be going to jail. They had nothing on anyone, until the cooperating defendants began to talk. I actually understand why they did it -- they were faced with a hell of a choice, and I'm not sure how many people could have stood strong. But you did, Daniel.

This is a lesson for everyone. And no, the lesson is not to shirk away from the hard work that it will take to save this planet. On the contrary, the lesson is to think very carefully about what you will do to save the earth before you do it. Make sure you completely understand the risks of whatever you do, and make damn sure you are willing to take those risks. Can you take the consequences, should anything go wrong? Be honest with yourself. There is no shame in deciding that you are not willing to sacrifice certain things, like your freedom, so long as you make that decision BEFORE you put your comrades at risk. Daniel is an excellent role model for all of us. If you're going to take an action, be willing to take the risks, and never put anyone else in danger.

The law, in this case, is wrong. It's simply wrong. It's wrong to prop up the status quo at a time when the status quo is killing us. It's wrong to protect the "property rights" of those who would prey on us all till the very last drop of blood was gone, if we did not stop them. It's wrong to put gentle souls in prison for the crime of caring enough to get up off their asses and DO something about the destruction of the planet we live on. And it's wrong to penalize someone for acting out of conscience rather than out of self interest. The law is wrong, and the judge is wrong, and history will say so.

Namaste, Daniel. We will be here when you get out. And we will be here for you while you are in.

Daniel's interview on "Democracy Now!" 23.Jul.2007 14:21

Donny Brooks

Just a comment to Jane...Daniel gave the his interview on Democracy Now! AFTER he was sentenced, not before as you said. I did a Yahoo! search and found the full text of the interview at: www.democracynow.org/article.pl?sid=07/06/11/142258 There is also a direct quote on the ELF website: www.earth-liberation-front.org It seems clear that Daniel shows remorse (or, at least regret)for his past actions. So I can't understand why judge Aiken denied a delay for starting his prison term so he could finish his educational commitments. But, here's an idea his legal team might want to consider if it's not too late. Often times a federal judge will consider modifying a person's sentence if they successfully complete a 90-day study when they first arrive in prison. Basically, the "study" is a series of interviews, psychological tests and observances while the inmate goes about their day to day work assignments. At the end of the 90 days, the inmate appears before the judge. If the study is favorable and the prisoner has stayed out of trouble, worked well with staff and other inmates, the judge cna use her judicial discretion and modify the sentence in some way. Maybe, say, five years of suprvised probation and community service. I think Daniel, having no previous criminal record, should be an ideal candidate for this potential sentencing modification. So, I hope this possibility is considered. If anyone knows how to contact his legal team, pass this idea along. Also, the ELF website seems to be taking a second look at the past and is discussing alternative tactics. This and Daniel's statements that he has "severe reservations" and became "incredibly disinchanted" with the use of arson as a tactic. It sounds like Daniel has a lot going for him...family, intelligence and commitment to making the world a better place. He deserves a second chance. But, if he has to do the time, I'm sure he'll use it well. All things must pass. Hang in there!

Daniel's interview on "Democracy Now!" 23.Jul.2007 15:13

Donny Brooks

With regard to Jane...Daniel gave his interview AFTER he was sentenced, not before as you said. I did a Yahoo! search and came up with the address where the full text of his interview can be read: www.democracynow.org/article.pl?sid=07/06/11/142258 The search also came up with the ELF website where a direct quote is given: www.earth-liberation-front.org . It is clear that Daniel shows remorse, or "regret" for his past behavior. So I don't see why judge Aiken denied Daniel's request for a delay for his sentence to begin so he can fulfill his educational commitments. Well, here's another posibility that Daniel's legal team might consider if it's not too late: Perhaps the judge could be asked to consider a sentencing modification if Daniel undertakes a 90-day study. A study is an option that the feds will allow for certain individuals who have no previous criminal convictions and have a low risk to society. A "study" involves interviews, psychological tests and observations of the inmates ability to cary out his work assignments and work well with staff and fellow inmates. At the end of 90 days, Daniel would appear before the judge and, if the study is favorable, the court can exercise its discretion by modifying the original sentence. Say, five years supervised probation and community service. Beats prison and then he can continue his educational goals. I hope someone out there can get this out to Daniel's legal team. He certainly sounds like he'd be a good candidate. Everybody deserves a second chance. The ELF web page shows a willingness to reconsider their past actions too, so that should help Daniel's efforts to get released. Good luck!