Missile activists turned over to feds

By ELOISE OGDEN, Regional Editor eogden@minotdailynews.com
Saturday, July 01, 2006

BISMARCK – Three nuclear protesters who were arrested last week when they unlawfully entered a Minuteman III missile site in McLean County are facing federal charges.

Greg Boertje-Obed, 51, and Michael Walli, 57, both from Duluth, Minn., and Carl Kabat, 72, St. Louis, made their first appearance in U.S. District Court in Bismarck Thursday before Magistrate Charles Miller.

Boertje-Obed, Walli and Kabat are being charged with destruction of government property and also destruction of national defense property. Both charges are Class C felonies.

At their court appearance Thursday, Miller advised the men of their rights. When asked if they were requesting court-appointed counsel or whether they had retained a counsel, they said they preferred to represent themselves at this point. Miller suggested that they reconsider and then set a detention hearing for next Wednesday in Bismarck. At the detention hearing the court will determine if the three should be released on bond pending trial.

The first charge, destruction of government property, carries a maximum of 10 years in prison, a $250,000 fine or both.

The second charge, the destruction of national defense property, carries a maximum penalty of 20 years in prison and a $250,000 fine.

Both charges carry the potential for supervised release of three years.

Assistant U.S. Attorney Clare Hochhalter, Bismarck, is handling the case.

Boertje-Obed, Walli and Kabat are volunteers with the Wisconsin-based Nukewatch group. They were arrested June 20 at a remote missile site west of Garrison and near the community of White Shield after they gained access to the site.

Col. Sandra Finan, commander of the 91st Space Wing at Minot AFB, said at a news conference last week that the men cut a lock to enter the Echo-9 missile silo area, hammered on some of the external components, spray-painted graffiti and hung signs. The men were wearing clown suits.

Minot Air Force Base security forces at a nearby launch control center were alerted of activity at the missile site, went to the site and detained the men, then turned them over to McLean County Sheriff's Department officers.

The three were held in the McLean County Jail in Washburn for the past several days on charges of criminal trespass and criminal mischief. Bond was set at $500 each, but they did not post bond. The state charges were dropped in favor of the federal charges.

Kabat is identified as a retired priest and Boertje-Obed and Walli as military veterans.

The three men are being held in the Burleigh County Jail in Bismarck.