Legal Update

June 3, 2008

As per the plea agreement, Tre changed his plea today. Tre pled guilty to two counts of arson, (18 USC 844(i)), one count for the Ross Island Sand and Gravel incident and one for the Schoppert Logging incident. Tre will receive a sentence of 78 months at his sentencing. He will receive credit for the time he spent in Canadian jails and in American jails. Tre was facing life in prison if convicted of all 14 counts in the indictment. The other twelve counts will be dismissed at sentencing. This agreement guarantees his freedom.

These linked documents describe in full detail the plea agreement and the plea itself.

Tre's sentencing hearing was set for August 12, 2008, at 2:30 pm; this may be moved sooner.

May 24, 2008

Tre has agreed to accept a plea bargain; see his statement on the front page. His hearing to change his plea has been set for 11am on June 3rd, at the Federal Courthouse in downtown Portland (1000 SW 3rd). Judge Redden's courtroom is #1527. All are welcome to attend!

May 2, 2008

Tre's 5/6/2008 Jury Trial has been reset for 7/8/2008 at 09:00AM before Judge James A. Redden. We needed to set a new trial date because additional time is needed for pretrial investigation and trial preparation. So there is no court appearance for May 6th. The July 8th date is also subject to change.

March 3, 2008

Tre has been extradited to the US, and arraigned in Federal court in Portland, OR. His legal defense team is working hard, and an update will be posted here shortly.

November 7th 2006

My appeal hearing has been set for April 18,2007. I will keep everyone posted on any and all developments. I send you all blessed fig and sunburst squash energy !!!!!!!

April 4th 2006

Hello to you all, it's tre here at wilkie. I'm doing well, and holding strong through this 23rd day of my hunger strike. I've received word from my lawyer that the minister of justice, Vic Toews, is postponing his decision on whether or not to surrender me for extradition. By Monday, April 24th, we will know his official decision.

Even if he decides to surrender me, this doesn't mean that I'm going to be swooped away to the states the next day! If the desicion is not favorable, my lawyer will file the necessary paperwork notifying the minister of our intention to appeal his decision. This appeal could take a long time, therefore, I most likely will not be leaving Canada anytime soon.

Thank you for your continued support, love, prayers, and energy. This extension gives us all an opportunity to send the minister, and all his associates, who are deciding my fate, much abundant light and positive intention to make a just and fair decision.

love, peace, and solidarity
namaste,
tre

Extradition decision expected on April 4th 2006

April 4th is the day when Minister of Justice Vic Toews will make his decision regarding Tre’s extradition. If ever there was a time to send courage and strength to this conscientious individual, now is that time. It is hard for many of us to imagine the stark reality of this situation and how it applies to all of us who value truth and democracy. As we watch this society degenerate the point where civil liberties are greatly endangered, it is beyond time to ground our prayers for a positive future for all our children.

January 27 Deadline approaches

My lawyer and I have been working on the submissions to the Minister. This is an intricate part of the appeal process. Even though I've been committed for extradition by Magistrate Gill, the Minister of Justice Irwin Cotler has the power to overturn her decision and not extradite me to the US. I'm writing an affidavit stating the reasons why I feel he should oppose my extradition. I will post this affidavit once it is complete for all to read and pass on to others, if so desired.

What is crucial in this stage of the appeal is for you, all my supporters, to write a letter of your own to the minister of justice. I'm asking as many folks as possible to do this in order to show the Canadian government, the US government, the Minister of Justice, and citizens throughout North America and the world that I have tremendous support including overwhelming opposition to my extradition to the United States.

My lawyer Tim continues to work dilligently on the submissions to the minister which are due on Jan 27 2006 (the minister gave us an extended deadline for the submissions from Dec. 5 to Jan. 27). The minister has until April 4 2006 to make his decision on whether or not to surrender me to the U.S.. Therefore, if you or anyone you know has not written your letter on my behalf... there is still time to do so! But please don't wait any longer! Details regarding your letter to the minister and what should be included follow:

Thank you again to you all... I will talk to you soon,
love, peace, and solidarity,
namaste,
tre

September 25th, 2005

Tim, my lawyer, and I have met and are continuing to meet to discuss all the information required for my appeal and for the submissions to the minister. No appeal hearing date has been set as of yet, and the deadline for the submissions to the minister is the first week of December. We had 30 days to file the appeal and to put in the request to the minister for an extension for the submissions. Tim filed the necessary notices and therefore we have extended time to put all these things together. There is much research required for this stage of the process and myself and those on the volunteer list are working on these things. Two of the main things that we are researching are prison rights violations in the US, and US activists being targeted by government officials. If anyone would else would like to sign up for the volunteer list, please send an email to tre@riseup.net stating your interest in being added to the volunteer list.

We will be starting a huge letter writing campaign to the minister of justice very soon… more info on this in the next call out. Talk to you all soon, thank you so much for all your support and love, In love, peace, and solidarity,

Namaste tre

September 3rd, 2005

Tre has been moved to the Vancouver Island Regional Correction Center in Victoria. Here is his new mailing address and visiting information

July 27th, 2005

Tre has yet again been moved to another unit at the North Fraser Pre-trial Centre (one for people facing extradition) as well as experiencing restrictions in his ability to make phonecalls to supporters and family in part due to the ever-changing schedule of “lock-downs” throughout the day. However Tre can still be reached by mail at the same address and the visiting procedure remains the same.

July 7th, 2005

In brief, brother Tre Arrow was ordered to be committed for extradition by Judge Kirstie Gill on July 7, 2005. This means the judge’s functions are done. The extradition process now goes into the hands of the Minister, subject of course to Tre’s right of appeal. Tre will absolutely appeal this decision.

Basically, Judge Gill didn’t accept Tim Russell’s arguments; she chose to accept the Crown’s. She found that she has no jurisdiction to consider the constitutional issues that Tim presented and found that, in this context, she wasn’t going to engage the co-conspirators exception to the heresay rule. In considering those elements, she committed Tre for extradition.

Again, Tre will exercise the appeal process of Canada to the fullest extent possible, as he would NOT receive a fair trial in the United States of America.

The vultures of corporate mass media have slain his name internationally for years (a name that he LEGALLY changed in 2000 just before garnishing 15,000 votes for Congress in Portland, Oregon). Corporate media has branded him for despicable things and disgracefully perpetuated sensationalized misinformation in order to sell their stories.

A man of fine character, Tre will not receive due process. Tre Arrow’s idea is to protect the planet. He spoke rationally and with clarity, and people listened. That’s why he was a threat and that’s why he’s been targeted. But the man faces two life sentences, and this is an abomination! FREE TRE ARROW!!

*Please send your love, and even a letter to brother Tre.

Tre Arrow CS# 05850722
North Fraser Pretrial Centre 1451 Kingsway Ave.
Port Coquitlam, BC V3C 1S2 Canada

Tre’s Extradition Hearings: Day Three

Arguments wrapped up today at noon, and the next hearing date is set for next Thursday, July 7th at 9 am. Tre will not be physically present, but he will be able to watch and listen via a live video link from the remand centre. The video link is being set up for logistical reasons. Because of maximum-security lockdown schedules and the amount of travel time required to get from Port Coquitlam to downtown Vancouver, the remand centre won’t be able to deliver Tre to the courthouse by 9 am. The hearing will be held in one of the special courtrooms equipped with the video technology. The exact location will be posted on the schedule board at the BC Supreme Court entrance, 800 Smithe St.

Next week's hearing focuses exclusively on the procedural issues raised by lawyer Tim Russell's constitutional challenge of the Canadian Extradition Act and the Canada-US Extradition Treaty. The judge will decide on Thursday whether she has jurisdiction to rule on the constitutional challenge. If the judge agrees she can rule on that question, the next round of arguments will address whether the act and the treaty violate the constitutional rights of political prisoners. After that, the court will determine whether Tre gets extradited. Observers have noted that this process could carry on at least into September. Tre also has the right to appeal if the judge orders him sent back to the US. The appeal can take an additional two months or more.

Tre is looking very fit and healthy, although he’s pale from lack of sunlight. Thanks to the raw food supplied by his supporters, he’s gained back all the weight he lost last year during his seven-week-long hunger strike. After the proceedings, Tre spoke to his friends in the courtroom for a few minutes.

“Thank you all so much for what you do,” Tre said. “I love you all.”

A dozen supporters watched the hearing today, and reporters from the Vancouver Province, Canadian Press and Associated Press were also on hand.

VANCOUVER (CP) -- Fleece-wrapped backpackers practised yoga relaxation exercises Wednesday while lawyers made complex arguments at the extradition hearing of accused eco-terrorist Tre Arrow.

"It's heady stuff, I don't understand why the process can't be more real. It's completely disconnected from anything below the head," said Michael Sheely, one of Arrow's former roommates in Victoria. He bowed to Arrow, an environmentalist who is on the FBI's 10 Most Wanted, and both clasped their hands in prayer while they locked eyes in the courtroom Monday.

"Thank you," Arrow whispered to the group of followers from the U.S. and Canada assembled to lift his spirits during the hearing.

The U.S. wants Canada to turn Arrow over for allegedly conspiring to commit arson against two logging companies in the Portland area and causing $250,000 in damage.

Arrow's lawyer Tim Russell says his client is accused of political offences for which he will be persecuted in the U.S. He is applying for refugee status in Canada.

He argued Wednesday for the chance to submit evidence Arrow would face political persecution in the United States.

Rosellina Dattilo, a federal Crown prosecutor acting for the U.S. government countered, saying that Canada's justice minister is the only person with the jurisdiction to deal with such claims.

She said the job of Justice Kirsti Gill is narrowly focused on ruling whether there is enough evidence for Arrow to be extradited. He can make claims about political persecution in an appeal court, Dattilo said.

Gill reserved her decision until next week.

Arrow will attend via video link from jail.

"He will be able to see us and we can see him," Tracie Park assured supporters outside B.C. Supreme Court.

She co-ordinates an international network that is working to free Arrow. Park takes donations for Arrow's legal defence and to feed the imprisoned raw foodist.

Arrow has gained considerable weight after a hunger strike in jail.

He is concerned about wasted energy resources used to cook food.

"We prepare his meals and pay for everything out of our own pockets," Park said.

"He likes spirulina, a blue-green algae. Avocado, guacamole. Nuts and seeds, he really loves raw organic almonds," said Park.

"Most of us would give up our life savings for him."

But none have posted his bail. Arrow needs a Canadian with $300,000 worth of property to vouch for him.

Park said it's tragic Arrow, who changed his name from Michael Scarpitti, can't be outside enjoying the bounty of the season.

"He misses being out here and picking fresh berries," she said.

His supporters drive to Vancouver from the United States.

"I send him positive intentions for clarity and energy," said Seattle resident Carrie Lafferty.

©The Canadian Press, 2005

Extradition Hearings: Day 2

U.S. environmentalist merely committed political offences, his lawyer says
CAMILLE BAINS

VANCOUVER (CP) - An environmentalist who is on the FBI's 10 Most Wanted list should not be extradited to the United States to face alleged arson charges because he merely committed a political offence for which he will be persecuted, a lawyer said Tuesday.

Tim Russell said his client Tre Arrow, 30, was told by American authorities that bad things would happen to him in jail if he didn't give up.

B.C. Supreme Court has heard that Arrow, a well-known environmentalist from Oregon, fled to Canada after he was charged with conspiring to commit arson against two logging companies in the Portland area and causing $250,000 in damage.

A federal Crown prosecutor acting for the U.S. has said Arrow took part in buying, assembling and detonating explosives that were placed under several logging trucks that were firebombed in two separate incidents in 2001.

Arrow is a successful activist who allegedly committed a political offence in order to change the government's environmental policies, Russell later said outside court.

Canada's Extradition Act ensures that political offences are not extraditable, Russell said, adding the extradition attempt by the U.S. is politically motivated while no motive of the alleged offences has ever been shown.

"The conduct of a requesting state to seek the extradition of someone for a political offence does violence to the very integrity of our democracy," he said.

"There is no solace for the political prisoner. The political prisoner who is being sought for extradition is in jail."

Rosellina Dattilo, a federal Crown prosecutor acting for the U.S. government, said American officials have direct evidence from several co-conspirators who have linked Arrow to the arsons.

But Russell said the evidence is only hearsay and that U.S. authorities have nothing else against his client.

Outside court, he said there are no other witnesses against Arrow or any fingerprint evidence to show he was even at the scene of the alleged offences.

"There's no evidence other than the evidence of the co-conspirators who agreed to co-operate in exchange for extreme leniency," Russell said.

Justice Kirsti Gill is assessing the constitutional validity of certain sections of the Extradition Act and of certain provisions in the extradition treaty with the U.S. that relate to a political offence.

The final decision on whether Arrow will be surrendered to the U.S. rests with the federal justice minister.

Arrow is seeking refugee status in Canada because of his fear of persecution in the United States, his lawyer said.

"He is a person who has been a thorn in the side of U.S. authorities for a very long time," Russell said.

"He is being sought for extradition to punish him for his political opinions or offences that are of a political nature."

Arrow was arrested in Victoria by a Canadian Tire security officer in March 2004 while trying to steal a pair of bolt cutters.

Police checks revealed he was on the FBI's most wanted list as an alleged domestic terrorist.

Arrow, who legally changed his name from Michael Scarpitti, has been hospitalized while in custody because he lost weight after going on a hunger strike.

He eats only raw fruits and vegetables, supplied to him by supporters who say Arrow is concerned about wasted energy resources used to cook food.

©The Canadian Press, 2005

Tre Arrow's Extradition Hearing: Day One

Day one of Tre's extradition hearing was full of surprises. First, every supporter, journalist and lawyer who attended was subjected to unprecedented security measures, including two sets of metal detectors and X-rays of all bags and purses. Second, Tre's lawyer, Tim Russell, argued so convincingly against extradition that the government lawyer had to ask for an overnight adjournment so she could attempt to marshal some kind of counter-argument.

Tre Arrow is in a Vancouver courtroom this week challenging the government's plan to ship him back to the US. The 30-year-old forest activist from Portland is the target of an aggressive FBI smear campaign aimed at discrediting and imprisoning so-called "radical" environmentalists.

Wearing a white dress shirt and khaki trousers, Tre appeared more healthy than he's been since his arrest in March 2004. His long, curly hair was tied back and rolled into a smooth knot in back. He smiled and waved at friends and family in the courtroom during breaks in the proceedings.

Fifteen supporters, including people from Portland, San Francisco, Seattle, and Halifax, watched the hearing, along with eight journalists and five armed bailiffs.

Government lawyer Rosellina Dattilo, acting on behalf of the United States, is demanding Tre's extradition. But Tim Russell, Tre's lawyer, demonstrated to the court today that the evidence against Tre consists of hearsay, rather than physical evidence or testimony from unbiased witnesses. Hearsay is not considered legal evidence in a court of law. Tre's alleged co-conspirators agreed to name him as the ringleader of the actions in exchange for very light jail sentences. The two informants were threatened with up to forty years in prison, but served only three. Tre is facing life in prison if convicted.

At 2 pm today, Dattilo asked Justice Kirsti Gill to adjourn the hearing until 10 am tomorrow (June 28) while she attempts to unearth any case law or precedents that would effectively rebut Russell's arguments.

Canadian judges in extradition hearings are not required to weigh the evidence and determine the likelihood of guilt or innocence. Authorities can simply testify that they do have evidence of some kind, and that they intend to take the accused to trial.

Of course, there is no guarantee that the US will actually bring Tre to trial in Oregon, even if he loses his hearing and appeal and Canada extradites him. And if he is tried, the state could very well find it impossible to prove he had any connection to the arson of gravel trucks and logging trucks in 2001.

Thousands of people across North America and around the world have come to Tre's defense since he was taken into custody over a year ago. Letters, donations, gifts and offers of help are pouring into the Tre Arrow Defense Committee, the group reports this week.

Tracie Park, a member of the Tre Arrow Defense Committee, told reporters: "Tre is dedicated to protecting ancient forests, and to protecting all living things -- the network of life on this planet."

She said the FBI is overzealous, to say the least, in prosecuting forest activists.

"We feel strongly that this is a part of a campaign to stifle dissent in theUnited States, and especially activists who are effective, like Tre," Park said. "The charges against him are absurd. Tre has no chance of getting a fair trial in the United States because there's so much hysteria over what they're calling 'eco-terrorism.' In the interest of justice, Canada must refuse to extradite him."

June27th, 2005 CBC extradition article.

For the latest corporate media reports on the extradition hearings, click here: Google news search

Extradition hearings underway!

Tre’s extradition hearings began on June 27th, 2005. They take place at the BC Supreme Court in Vancouver, British Colombia. This hearing, which will last for at least three days, will begin the process which will eventually decide whether Tre will be extradited to the United States. We encourage anyone who is able to come out to the hearings and show their support. Lets flood the courtroom with people and let them know that we are watching! Let’s let them know that we won’t sit back and allow them to unquestioningly hand over our friend! If you are interested in being involved in organizing events leading up to and during these proceedings please contact us (tre@riseup.net).

If the Judge believes that Tre's human rights will be violated, or that he will not receive a fair trial, the Judge has the right to refuse Tre's extradition. However, if the Judge refuses to extradite Tre for human rights violations, it would severely damage US-Canada relations. Therefore, this case is no longer about one man’s rights, but about maintaining the economic relationship with the ‘Super Power' to our south.

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please contact the Tre Arrow Defense Committee: tre@riseup.net
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