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Tim DeChristopher Trial Begins In Utah's Oil-Gas Lease Auction Case

Tim Dechristopher

JENNIFER DOBNER   02/28/11 10:01 PM ET   AP

SALT LAKE CITY — Hundreds of activists marched to the federal courthouse Monday to support a man who became an environmental folk hero by faking the purchase of $1.7 million of federal oil-and-gas drilling leases in an act of civil disobedience.

Tim DeChristopher, 29, has pleaded not guilty in U.S. District Court to felony counts of interfering with and making false representations at a government auction.

DeChristopher's fate will be in the hands of a jury – eight men and four women – once opening statements are made in the case on Tuesday. The trial is expected to last until Friday.

The possibility of just one juror sympathetic to environmental causes could keep DeChristopher from a conviction, although a hung jury could result in him being retried.

Prosecutors have offered DeChristopher multiple plea deals over the past two years, but he rejected those, opting instead to go to trial.

The trial attracted about 400 people wearing orange sashes as a symbol of solidarity, including actress Daryl Hannah. They gathered in Salt Lake City's Pioneer Park for an early morning rally, singing Pete Seeger's famous protest song "If I Had Hammer," shouting chants against government control of public lands and waving signs that called for DeChristopher to be "set free."

DeChristopher doesn't dispute the facts of the case and has said he expects to be convicted. He faces up to 10 years in prison and $750,000 in fines if he's right.

On Dec. 19, 2008, he grabbed bidder's paddle No. 70 at the final drilling auction of the Bush administration and ran up prices while snapping up 13 leases on parcels totaling 22,500 acres around Arches and Canyonlands national parks.

The former wilderness guide – a University of Utah economics student at the time – ended up with $1.7 million in leases he couldn't pay for and cost angry oil men hundreds of thousands of dollars in higher bids for other parcels.

"We were hosed," said Jason Blake of Park City, shortly after the consulting geologist was outbid on a 320-acre parcel. "It's very frustrating."

DeChristopher, who plans to testify, has said the government violated environmental laws in holding the auction. A federal judge later blocked many of the leases from being issued.

DeChristopher had offered to cover the bill with an Internet fundraising campaign, but the government refused to accept any of the money after the fact.

Federal prosecutors have acknowledged that DeChristopher is the only person ever charged with failing to make good on bids at a lease auction of public lands in Utah.

"There's people who didn't have the money, but they didn't have the intent to disrupt" the auction, assistant U.S. attorney John Huber told The Associated Press in 2009.

On Monday, the protesters – from toddler to seniors – marched through downtown to a plaza across from the courthouse where they continued with speech-making and singing, some led by Peter Yarrow of Peter, Paul & Mary. The group also staged a mock trial with participants standing nearly 9 feet tall on stilts and wearing oversized papier-mache masks representing DeChristopher, the government and a NASA climate change expert.

"I'm here to support Tim, whose selfless act saved Utah's red rock wilderness from exploitation," said Salt Lake City resident Sheri Poe Bernard, 55, who said she believes the lease parcels were not properly reviewed for environmental impact. "This is a very important issue ... and I think it's a travesty that our federal government would put Tim on trial when George W. Bush is not being prosecuted."

Bernard said she wrote to President Barack Obama, asking him to take notice of DeChristopher's trial and make Utah ground zero for a national conversation about climate change.

DeChristopher was not at the rally, but he raised his arm and waved to the loudly cheering crowd as he entered the courthouse.

Hannah, who has been a visible figure in many environmental causes, called him a "bright, beautiful example" of the kind of activism needed across the country, particularly at a time when people are "at the bottom of feeling their disempowerment."

Hannah said she believes DeChristopher's actions already have been proven justified because a federal judge turned back the leases.

"He took a moral stand against injustice. ... He's already been effective," Hannah said. "This case has the potential to be quite historic and pivotal in terms of our rights as citizens to peacefully protest and practice civil disobedience."

Filming outside the courthouse was Telluride, Colo., filmmaker George Gage, who with his wife has spent more than two years working on an hour-long documentary about DeChristopher. A rough cut of the film will debut at Colorado's Mountainfilm Festival at the end of May, Gage said. Gage also hopes the project will be accepted by Utah's Sundance Film Festival for a screening. The festival was founded by actor and director Robert Redford, who is also a DeChristopher supporter.

"I just think his whole message is so important," George Gage, 70, said. "We were really impressed by what motivated him. He is so much aware that we are wrecking this planet ... Tim is really concerned about what kind of world that his children or my grandchildren are going to inherit."

The protest march had at least one detractor. Highland real estate agent Robert Valentine mingled with environmentalists and talked about the need for Utah to "exploit" its natural resources to create jobs and fund the state's schools.

"I want to protect the natural resources. My hobby is hiking," the 69-year-old Valentine said. "But I think Utah ought to be allowed to have more control over the resources more than we do."

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SALT LAKE CITY — Hundreds of activists marched to the federal courthouse Monday to support a man who became an environmental folk hero by faking the purchase of $1.7 million of federal oil-and-g...
SALT LAKE CITY — Hundreds of activists marched to the federal courthouse Monday to support a man who became an environmental folk hero by faking the purchase of $1.7 million of federal oil-and-g...
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HUFFPOST SUPER USER
Max Shelby
Purveyor of tar and feathers
12:27 AM on 03/18/2011
You there, yes you young man who dared to cheat greedy energy men out of land for cheap, off to jail with you!
06:20 PM on 03/17/2011
Really? This guy is going to serve 10 years? Regardless of whether or not he did something wrong, do we really want imprison a man for 10 years on taxpayer money for whatever injustice he committed? Yet the minimum sentence for involuntary manslaughter is as little as 18 months in a state penitentiary. That makes a lot of sense.
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HUFFPOST SUPER USER
CabCurious
let's be honest
02:18 PM on 03/17/2011
This article is completely unclear on the counter-charge of whether or not these were valid leases under Federal Law.

"DeChristopher, who plans to testify, has said the government violated environmental laws in holding the auction. A federal judge later blocked many of the leases from being issued."

I cannot believe the author so poorly addressed that matter.

Did the judge block the leases permanently? Did the leases get blocked because of the environmental laws or because of the auction fiasco?
12:23 PM on 03/16/2011
The BLM was breaking its own rules.
This man is a hero.
If we don't start protecting heroes like this no one will stand against the Global Corporate Government that is being created.

Where is the Corporate media on this? They don't talk about real news. They just talk about celebrities and give opinions..
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06:39 PM on 03/13/2011
Wow! Allot of missing information in this article. What about the fact that he did raise the money to buy the land and the judge has kept that fact from the jury. Or the fact that the sale of those lands was illegal in the first place, so we're charging a man for interrupting an illegal auction.

Listen to Democracy now! instead
12:25 PM on 03/16/2011
Democracy now is one of very few REAL news sources.

The Judge not allowing evidence is crazy,but it happens all the time. This must end.
All evidence should be permitted. The facts of a case must be presented to a jury or how can they make a fair and informed decision?
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HUFFPOST SUPER USER
CabCurious
let's be honest
02:19 PM on 03/17/2011
It sounds like he clearly raised the money after-wards, which doesn't avoid the charges.
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HUFFPOST SUPER USER
Trickish Knave
Both sides suck, but neither will admit it.
01:34 PM on 03/13/2011
Symbolism over substance.
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hornedcog
Tax Tea Now!
06:23 PM on 03/12/2011
He's lucky that he isn't kept naked in solitary without charges. This country needs to beat the right back and put corporate conglomerates in check. I am thinking that a democratic vote my not be enough.
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HUFFPOST SUPER USER
JazzArtLove
07:19 PM on 03/05/2011
That man is a Bad A** !!! An environmental superhero not unlike captain planet...
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HUFFPOST BLOGGER
Phil Radford
Greenpeace Executive Director, poker player, h
03:48 PM on 03/04/2011
Tim DeChristopher is a modern day hero acting in the same spirit as the Boston Tea Party, the Underground Railroad, and the Civil Rights Movement. The climate criminals are the ones who should be under arrest. http://www.greenpeace.org/usa/en/news-and-blogs/campaign-blog/tim-dechristopher-should-be-free-arrest-the-r/blog/33566
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10:44 PM on 03/03/2011
Guilty. Took five hours for the jury to decide.
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CB5
We do not want to repeat 2010 in 2014! VOTE:)
06:48 PM on 03/03/2011
For further info on Tim:
http://www.peacefuluprising.org/
Peace
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yukonsam
This space reserved for self-referential irony.
02:42 PM on 03/03/2011
Ten years? Is that the penalty for exposing the petroleum industry and it's wholly-owned subsidiary the BLM as greedy fools? Because DeChristopher must pose a hell of a risk to society to warrant a decade behind bars. Who knows, he might sneak into more public land giveaways and drive up prices! Oh the humanity! (Here's hoping for time served and a stern warning to never get caught waving an auction paddle in the vicinity again).
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03:14 PM on 03/03/2011
What is the fair penalty for fraud and non-payment to the government? What would you recommend for an oil industry rep. who committed the same acts for different motives?
12:27 PM on 03/16/2011
What fraud. He offered to pay?
Besides the BLM said that they did not follow the rules.
They should be prosecuted for fraud.
You are uninformed or ignorant of the facts.
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HUFFPOST SUPER USER
Trickish Knave
Both sides suck, but neither will admit it.
01:35 PM on 03/13/2011
Be careful when you start imposing limits on how much someone can earn.
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01:32 PM on 03/03/2011
Its in the hands of a jury as about an hour ago.
Oginikwe
I think therefore I'm dangerous
01:26 AM on 03/03/2011
Read Rocky Kistner's piece that was posted on HP on February 27 about the New York Times article "Natural gas industry running amok, insufficient protections from poisoned water and air," and then read Rolling Stone's Matt Taibbi's article "Why Isn't Wall Street in Jail?" and then just for good measure read, HP's Dan Froomkin's "Report: Wartime Contractors Waste, Steal Tens Of Billions -- Then Come Back For More" and please, someone, explain to me why DeChristopher faces up to 10 years in prison and $750,000 in fines.
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HUFFPOST SUPER USER
KarlaElisa
The atmosphere is Toxic
04:57 AM on 03/03/2011
great articles you've listed there.

if you've not seen 'Gasland', here's a link to watch it free online: http://www.tudou.com/programs/view/_rRxq7qrCpk/
03:04 PM on 03/03/2011
I agree. I'm reading Taibbi's new book, Griftopia, now. Totally worth checking out.

I'll definitely make time for Gasland now.