RECIEVED
Feb 9 2:53 PM '88
JAMES F. DAVEY CLERK
U.S. DISTRICT COURT
DISTRICT OF COLUMBIA

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

UNITED STATES OF AMERICA

          v.                                 Cr 87-64
                                             Judge Richey
ELLEN THOMAS

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.

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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.


Respectfully submitted,

/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
(202) 662-9575

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