The Y-12 protesters, from left, are Greg Boertje-Obed, Sister Megan Rice and Michael Walli. (KNS photos/Saul Young)
A Tuesday morning hearing via teleconference with U.S. District Judge Amul Thapar will decide whether the three Plowshares protesters — Sister Megan Rice, Michael Walli and Greg Boertje-Obed — will be placed on supervised release or freed without restrictions.
Defense attorneys for the three will argue that the time served is more than sufficient for their convictions on charges related to the July 28, 2012 break-in at the Y-12 nuclear weapons plant — given that the Sixth U.S. Circuit Court of Appeals earlier this year overturned their conviction on the most serious charge of sabotage and freed them from prison.
Assistant U.S. Attorney Jeff Theodore won’t argue the time-served issues, but he will seek supervised release — in essence, probation — for what would be deemed a period appropriate for their convictions. Theodore also will ask Judge Thapar, if he agrees to supervised release, to impose a restriction that the three protesters not enter any nuclear facility during that period.
In court filings, Theodore noted that the guideline for supervised release is at least one year and is required if the court has imposed imprisonment of more than one year. The defense attorneys are expected to argue a number of special circumstances, given the time already spent in prison unnecessarily on the sabotage charges.
Each of the defendants will reportedly have a chance to speak during the teleconference. In addition to the parties involved, the defense successfully argued for supporters and members of the public to be allowed to listen to the hearing via the teleconference.
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