Ardeth Platte Writes From Prison: #11

Ramblings and Reflections

June, 2004

Dear Loving and Supportive Friends,

We all know the ravages of war. We have studied or seen so many military interventions in our lifetime that there is no longer guess-work regarding the effects, the havoc, torturous war crimes, crimes against humanity, defiance and betrayal of laws and treaties on which former officials have placed their signatures. The horrendous consequences of destruction, division, inimical relations remain. The bloody shattering images imprinted on our minds can never be erased. Babies, youths, mothers, dads, grandpas and grandmas buried in massive graves or carried in stretchers through the streets in daily processions. There is rubble everywhere, an environment and economy devastated.

Soldiers are returning in body bags or with arms, legs, or eyes missing. Others are so shattered that their nightmares never cease while the millions of people who live under the bombs remain in post-traumatic stress syndrome. These are barbaric ventures with such heavy tolls in this century that our stomachs churn as though we are in the battlefields all the years of our lives.

No wonder Jackie, Carol and I, in the name of many, were led by the Spirit of Love to the N8 missile silo on Oct. 6, 2002. No wonder we tried to obey our consciences, the laws of God, the laws of war, (because war was threatened and imminent) and the laws of the land regarding this weapon of mass destruction. No wonder we shouted for the crimes to be stopped, and carried out the way to do so. No wonder we inspected and found the first strike WMD, the Minuteman III on high alert, exposed it and in a holy ritual, symbolically disarmed it. No wonder we are waging the struggle for truth to be told, recorded and affirmed in the courts. There is no sentence we could have been given that would be sacrifice (sacred time) enough to suffice for our own responsibility in the tragedies of Afghanistan, Iraq, etc. had we not done direct action.

Gratitude to our Lawyers

Jackie, Carol and I lift up the names of our dedicated, knowledgeable and skillful legal counsel. They have given many hundreds of hours in pro bono work, met every deadline, argued brilliantly in court, presented documents with substantiated truths. We, our friends, peacemakers, the children express gratitude to you: Anabel Dwyer (MI), Walter Gerash, Clifford Barnard, Susan Tyburski, Scott Poland (from CO) and to expert witnesses: Ved Nanda (CO), Francis Boyle (IL).

 Timeline for the Appeal

The first notice to appeal was submitted within ten days of sentencing. On April 30, 2004 our brief was submitted to the Tenth Circuit Court of Appeals in Denver, CO. The government has 33 days to reply plus a 30 day extension if requested. We have 14 days to reply to the government's response. The 10 th Circuit will take 30-40 days to set a 20 day notice for oral arguments. After that the 10 th Circuit renders a decision - which time is unknown.

Why are we Appealing?

1. The charges of 18 USC 2155(a) under sabotage and USC 1361 depredation exceeding $1,000 are false, not substantiated beyond reasonable doubt. The court is in denial regarding actuality of symbolic action, our intent and rights under the Constitution and laws.
2. Lawyers deserve their forum in which to speak truth, uphold law, keep the legislative, executive and judicial branches educated and accountable.
3. To continue the pursuit of the defense for resistance under international law in the U.S. federal courts (as it has been gained in some state courts and in other countries). It is a terrible precedent to allow the court to strip civilians of their legal defense when the government threatens to use or uses nuclear weapons.

What is Being Appealed?

The 60 page brief with a 66 page addendum argues that: 1) the definition used for National Defense and National Defense Materials was unconstitutionally vague and overbroad; 2) that the record is devoid of evidence establishing the requisite specific intent to commit the crime of sabotage and 3) that we were entitled to a Good Faith jury instruction for a defense of good faith. We requested it. There was sufficient evidence to support it.

We have chosen these three areas for a focus in the appeal as most important, knowing that there are many other technicalities that could be included, areas appearing unjust to us. We will share these details in forums upon release. The work of the lawyers in substantiating the appeal for reversal or a new trial is excellent. The decision may come in as we finish our sentences. What matters to us is our effort, faithfulness to the cause, the right to dissent, the need to stop runaway power and domination, illegal and criminal actions of our government.

If you wish to support this appeal with money for copying, travel for experts for oral arguments, facilitating international law documents, phone, organizing tools, etc., you can send money or a check to Citizens for Peace in Space, PO Box 915, Colorado Springs, CO 80901. Bill Sulzman is handling this – mark contributions as “for the appeal”.

It has been a difficult decision for us to continue in the court system at this time in history. War crimes are rampant, yet no U.S. war criminals will appear before the International Criminal Court. International Law is used against other nations and ignored at will here. Since the news is so heavy on my heart, I have been using Sister Virginia's prayer as my mantra, pondering every line with meaning:

I Listened to the Silence by Virginia Skrdlant, SHCJ

I listened to the silence from edge to edge
deep like the sea
I heard the cries of the poor
washed in bitterness
of the power of the rich, and destruction by weapons

There is no strength like silence to wage peace
There is no wonder like love distilled in this madness
that changes a world
I wandered through the silence feeling measured and afraid
Stilled by the heartbeat of nations obscured in darkness
by the children who have cried and lost their tears.
Do I hear the silence of bombs or the silence of peace?
Do I hear the shattered silence of lives scattered in the rubble?
Before me lies the silence empty, the space that cries out to you and me
Give us peace. We are your brothers and sisters.

Always grateful,

Ardeth Platte # 10857-039
Federal Correction Institution
331/2 Pembroke Station
Danbury, CT 06811

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