SHAC 7 Case Comes to a Close--Fulmer Gets 1 Year and 1 Day, Stepanian Gets 36 Months

“In order to prevent those two things from occurring [public cognizance of what is being done as well as public opinion turning against them], masters have built into society a long succession of supposed defenses and justifications for systems of oppression and slavery designed to confound the public into complacency. And masters have done everything in their power to hide the very fact that oppression was and is taking place, knowing that secrecy is the best protection of their power.” –Marjorie Spiegel

Trenton,NJ—September 19th was the final day of sentencing for the SHAC 7. Darius Fulmer and Andy Stepanian were greeted by 30 supporters at the Trenton Federal Courthouse that morning. Both men were convicted of conspiracy to violate the Animal Enterprise Protection Act of 1992 this past March.



SHAC or Stop Huntingdon Animal Cruelty is an international effort to shut down Huntingdon Life Sciences (HLS), Europe's largest contract research organization (CRO), which has gained international notoriety for its animal cruelty and bad science.



Fulmer, the second to last defendant to be sentenced, spoke about his commitment to his job as an emergency medical service provider and how it had turned his life around. He asked the judge for leniency and a probationary sentence.



Assistant US Attorney Charles McKenna disagreed with Fulmer’s plea for leniency by bringing up his past arrest record as well as the fact that in his statement to the court Fulmer never apologized for the tactics used by SHAC against HLS.



Federal District Court Judge Anne E. Thompson concluded that for deterrence purposes a sentence of 12 months and one day would be sufficient punishment coupled with a year of probation and joint restitution with the other defendants to be paid back to HLS in the amount of $1,000,001.00. He was given 30 days to self-surrender to the proper authorities and was ordered to pay a special assessment to the court in the amount of $100 immediately.



Before sentencing the last defendant, Stepanian, the prosecution asked that Stepanian be remanded to the authorities immediately after the hearing. The reasoning for this was that on September 7th, an alleged benefit was held for the SHAC 7 legal defense fund at Stepanian’s house, which eventually lead to a demonstration at the home of an HLS executive sometime around midnight that evening.



McKenna argued that Stepanian left his home, in violation of his release conditions, to attend this demonstration and therefore should be remanded immediately to the authorities following sentencing. McKenna said that the police, who arrived at the scene shortly after the demonstration ended, got some license plate numbers—one of which was traced back to the Stepanian household.



It was argued by Stepanian’s lawyer that his client had no knowledge that this gathering was being billed as a SHAC 7 benefit and that it was in fact a farewell party. Stepanian later stated that there were at least 10 witnesses in the courtroom who were with him during the home demonstration and were willing to testify to that fact. Further, Stepanian had an ankle tracking device on and, according to his lawyer, if the prosecution had checked the record it would show that Stepanian never left his house or violated his release conditions. It was Stepanian’s brother who was driving the car away from the scene of the home demonstration.



McKenna argued that Stepanian was “a lightning rod for [that] kind of activity” and didn’t deserve the 30 days before surrendering to the authorities.



When given his time to address the court, Stepanian stated, “I’m very scared; I don’t want to go to jail.”



He said, “I’m very much against animal cruelty, [racism, sexual abuse, and child abuse].” He continued, “There are actions taken in the name of animal rights that disgusted me.”



He apologized to a woman who had connections with HLS whose “intimates” were sold over E-Bay. He said there is no excuse for that kind of sexual abuse. He also apologized to families that had their children scared. He said there was no place for that kind of tactic and that it amounted to child abuse.



He thanked the judge for allowing him to finish classes and receive his degree.



Finally, choked up and on the brink of tears, Stepanian apologized to his friends. “I’d like to apologize to my friends for all the grief they are going through.”



His mother approached the podium after he sat down to address the judge. Mrs. Stepanian stated that her son, “[I]s a person who has overcome his own problems and looked out to the community to offer help. He is always reaching out.”



She explained how he fed folks that were hungry, fixed bicycles for impoverished children, gave medical aid to a woman who was hit by a dunk driver, gathered resources—both medical and food—for victims of hurricane Katrina and drove to Louisiana to help distribute those items and offered his medical experience to people who needed it. In tears, she begged the court to be lenient and to not give her son a harsh sentence.



After Mrs. Stepanian spoke, one of Stepanian’s long time friends approached the podium to speak on his friend’s behalf. He talked about his courage and principled stances. When a child in their community became ill with cancer, “Andy decided something had to be done.” A benefit was held where $40,000 was raised to help the child.



After this last speaker, the State was given a chance to speak. McKenna urged the court to look at Stepanian’s conviction record, which was longer than any other defendant’s record. McKenna reminded the court that the person before it was a convicted felon and that the time and fines imposed on him before this trial didn’t stop his activities.



“The notion of being well intentioned will insulate you [from the law], is a notion that needs to be disused,” said McKenna. He urged the court to grant the maximum sentence of 36 months in prison.



Judge Thompson agreed with the prosecution and sentenced Stepanian to 36 months in prison with a year of probation following his release. She also ordered him to pay joint restitution with the rest of his co-defendants. He was charged a $100 special assessment fee to be paid immediately among other stipulations laid out by the court.



While the judge was reading the sentence, Stepanian fell down into his chair, unable to stand; his mother in tears and Fulmer along with their lawyers, surrounded him and gently soothed him attempting to calm him down.



Judge Thompson called a recess to discuss the issue of his remandment and the alleged benefit that happened in early September. When court reconvened, the judge ordered that Stepanian would receive two weeks before being remanded and warned him against any activities that might jeopardize that period of time.



“These next two weeks are going to be a very important two weeks in that the court has the authority to order you remanded immediately [should you violate your release in any way],” Judge Thompson declared.



Court was then adjourned. All of the defendants will be appealing from prison.



The mood in the hall outside the court was somber. Tears were shed as supporters hugged and gathered together to talk in low tones. Fulmer’s family surrounded his lawyer asking questions and being reassured by him while Mrs. Stepanian came out of the court and stood off to the side by the window, shaken and deeply saddened.



Throughout the sentencing there were voices I did not hear—the voices of the animals that were tortured every day by HLS. Where were the beagles who were punched in the face for struggling against having tubes shoved down their throats so that abusers could see how much household cleaner was needed to kill them or the primates who had their chests cut open while strapped down on metal tables, unanesthetized, while torturers, laughing about it above them, spread some kind of consumer cream on their wounds to see what kind of irritation it caused? Where were the mice who were forced in tubes, no bigger than spray paint cans, and left to inhale vast amounts of cigarette smoke for days on end? Yet throughout these proceedings it was HLS that was made out to be the "victim". It was HLS that was able to pronounce the greatness of vivisection and it was HLS who was able to produce witnesses who said they were “terrorized” by this campaign.



It was a demoralizing day as it marked the end of a process where six people, devoted to their communities, devoted to animal and human liberation, principled and passionate, were sentenced to time in prison—labeled terrorists—and yet the real terrorists, Huntingdon Life Sciences and the US government, continue to murder and torture animals and humans for private gain on a daily basis.



This isn’t over though. The struggle for animal and human liberation continues as does the SHAC campaign. It will not be silenced by this act of tyranny as long as people with consciousness continue to struggle and do the right thing.



They're in there for us; we're out here for them.