UNITED STATES DISTRICT COURT
Feb 9 2:53 PM '88
JAMES F. DAVEY CLERK
U.S. DISTRICT COURT
DISTRICT OF COLUMBIA
FOR THE DISTRICT OF COLUMBIA
UNITED STATES OF AMERICA
v. Cr 87-64
MOTION TO REDUCE SENTENCE
Defendant, Ellen Thomas, through counsel, respectfully
moves this Court, pursuant to Federal Rule Criminal Procedure
35, to reduce the sentence which was imposed on January 28, 1988.
In support of this motion, counsel states:
1. On December 15, 1987, Ms. Thomas was found guilty of
unlawful camping in Lafayette Park, following a bench trial. On
January 28, 1988, this Court sentenced Ms. Thomas to serve fifty
days in prison and to pay a $25.00 fine.
2. As this Court is well aware, Ms. Thomas has been participating
in her anti-nuclear vigil for approximately four years. In order
to devote all of her time and energy to this laudable goal, Ms.
Thomas has given up the comforts, luxuries and financial rewards
that would certainly be available to her if she decided to pursue
a mainstream career.
3. Moreover, regardless of whether one agrees or disagrees
with Ms. Thomas' beliefs regarding the threat posed by nuclear
weapons, counsel believes that this Court would have to admit
that she is motivated by the noblest of objectives.
4. Given that the Department of Interior has never alleged
that Ms. Thomas has caused any damage to Lafayette Park, and that
Ms. Thomas, prior to her incarceration, secured a permit from
the Department of the Interior, authorizing her to maintain her
vigil in essentially the same manner as she has for the last four
years, counsel respectfully urges this Court to reduce her sentence
from fifty days to time served.
5. At the time of sentencing, this Court said that its
primary purpose in incarcerating Ms. Thomas was to deter others
who might be tempted to violate regulations regarding the use
of Lafayette Park. Counsel submits that this Court, by the mere
fact that it imposed incarceration as a sanction in the present
case, has already achieved its objective. Counsel also believes
that the Court could reduce Ms. Thomas' sentence without diminishing
the deterrent effect of its action in this case.
6. Therefore, counsel requests that this Court reduce Ms.
Thomas' sentence from fifty days to time served.
7. Finally, in light of Ms. Thomas' impoverished status
and in recognition of the countless hours of volunteer work she
has performed on behalf of the homeless in Washington, D.C., counsel
requests that this Court vacate its order requiring that Ms. Thomas
pay a $25.00 fine.
8. Defendant requests a hearing on this motion.
WHEREFORE, for the reasons set forth above, and any others
which may arise at a hearing on this motion, Ms. Thomas respectfully
requests that this motion be granted.
CERTIFICATE OF SERVICE
I hereby certify that a copy of this motion and the attached
Memorandum of Points and Authorities has been hand delivered to
the Office of the United States Attorney, 555 Fourth Street, N.W.,
Washington, D.C. 20001, this 9th day of February, 1988.
/s/ Robert M. Hurley
ROBERT M. HURLEY, #403467
Attorney for Ellen Thomas
GEORGETOWN CRIMINAL JUSTICE CLINIC
25 E Street, N.W Second Floor
Washington, DC 20001
/s/ Robert M. Hurley