Judge hears arguments for motion to dismiss UC Santa Cruz animal rights protest case

By Jennifer Squires
Posted: 06/08/2010
Santa Cruz Sentinel

SAN JOSE -- A federal judge on Monday heard arguments on a motion that could quash the case against four animal rights activists accused of a violent protest at the home of a UC Santa Cruz researcher nearly 18 months ago. No decision was made.

The hearing before U.S. District Court Judge Ronald White marked the first time charges against Joseph Buddenberg, Maryam Khajavi, Nathan Pope and Adriana Stumpo were openly discussed in court since the four were arrested in February 2009.

All have pleaded not guilty to charges of interfering with animal enterprise -- a violation of a federal law -- and conspiracy.

The activists' attorneys argued the federal indictment did not spell out what the four were accused of doing, which makes defending their actions challenging and creates confusion as to where a protest become criminal behavior.

Pope, Stumpo, Buddenberg and Khajavi are accused of several incidents involving UCSC and UC Berkeley biomedical researchers whose work involves animal testing. In Santa Cruz, they are suspected of storming the front porch of at a researcher's Westside home, trying to force their way in the door and striking the scientist's husband when he blocked their entrance.

But the indictment is vague, according to the activists' attorneys.

"The indictment has to be clear as to what the person has supposedly done," said Robert Bloom, Buddenberg's attorney.

White said it was difficult to look at the court papers and see what the activists did wrong.

"It does cause me some concern," the judge said.

Assistant U.S. Attorney Elise Becker, who is handling the case, said in court the indictment lists the laws the four are accused of breaking and sources police reports that detail their alleged actions, underlying crimes such as trespassing, making criminal threats and vandalism.

Also during the hearing, attorneys argued other motions filed by defense attorneys. Among them was a motion to suppress evidence collected during a search of a Riverside Avenue home that three of the four activists had been linked to.

Pope is a one-time Cabrillo College student from Oceanside. Stumpo is a former UCSC student from Long Beach. Buddenberg is from Berkeley, and Khajavi, of Pinole, also is a former UCSC student. All were in court Monday for the case.

At the close of Monday's hearing, White urged attorneys to plan for a November jury trial, though no official date was set. That should occur at the July 19 status conference, the same day White is expected to issue rulings on the motions.