November 3, 2015
Re: Hammond
Family Declared as Terrorist and Sentenced to Five Years in Federal Prison
From: The Bundy
Family
Bunkerville,
Nevada
To: Aware
Citizens & Government Officials
Our hearts and prayers go out to
the Hammond family with deep empathy. The
magnitude of the injustices dealt to them is hard to comprehend. Their once happy lives have been forever
darkened with pains of corruptions. The
nature of their sentencing proves once again that justice is currently not
found in the federal courts. The
Hammonds are a simple ranching family that for generations has cared for the
land they live upon. Prescribed burns
are a vital process in keeping the land healthy and productive in the area. The BLM also performs prescribed burns and
have let it get out of control many times, but never has it cost any federal agent
hundreds of thousands of dollars in fines and years of life in prison. The Hammonds prescribed a fire that moved to public land, they extinguished the fire
themselves. The courts found that the
burn increased vegetation for the following years, and had a positive impact
on the land. With no authority or justification
to prosecute, eleven years after the fire, federal attorneys have obtained
judgment that the Hammonds are terrorists and must be punished severely for
their actions.
The illegal predatory actions of
federal agencies placing themselves as the sole beneficiaries of the land and
resources must end or the people will stand in open resistance against it. The collaboration between federal agencies
and the federal courts is shameful and will continue to accelerate the peoples
demand for justice. The Hammond
prosecution, and many offenses like it, solidify that the federal government
is no longer an entity that functions for the benefit of the people.
We warn federal agencies, federal
judges and all government officials that follow federal oppressive
examples that the people are in unrest because of these types of actions. The purpose of
government is to protect the unalienable rights of the people, not to take
them away. It is the duty of the people
to defend their God given rights if government fails to do so or turns to
devour them. Good, civil citizens wish
only to live in tranquility and peace, but demand freedom while doing so. We call upon you and all civil servants to
effectuate the true purpose of government and change your actions as needed by
fulfilling your sworn duty to the Constitution and ultimately to the People.
We further warn that the incarceration
of the Hammond family will spawn serious civil unrest. We advocate that all charges be dropped
and that the Hammond family be allowed to return to the home and life that was
so rudely interrupted. The
Hammond family has paid enough for this mistake, if any mistake at all.
Further punishments to the Hammonds will require restitution upon those who
inflict the injustices.
We call upon aware citizens and
government officials to promote the protection and freedom of the Hammond
family, and by so doing, maintaining the spirit of liberty that this beloved
nation is built upon.
The Bundy Family
 |
| HAMMOND FAMILY |
For more information got to these links:
Hammond Ranch Data & Dispute
My summary:
This is a story of ranchers Dwight (father) and Steven (son)
Hammond of Diamond, Harney County, Oregon.
In the year 2001 they set fire on BLM land for which they had grazing
permits. They did so to clear underbrush
so more grass would grow, making the land more productive for their
cattle. Some years later a court did
indeed rule that the fire had accomplished that, making the land more valuable
for grazing.
Both Hammonds had been previously arrested in 1994 for
blocking the BLM from building a fence.
The BLM was constructing a fence that would block Hammond cattle from
grazing on land the BLM had claimed as a "refuge". But the Hammonds claimed that area as a "historic
right of way" that has been in use since 1871. "We have never had a
permit," Susan Hammond said. "We have a right to use it." The Hammonds served only two days in jail,
their hearing was postponed indefinitely for this offense, and to date has
never taken place.
Nevertheless the Hammonds were tried and convicted in 2012
under the "Antiterrorism and Effective Death Penalty Act of 1996" for
arson on public land for the 2001 fire and a similar fire in 2006. The statutory minimum sentence was five years. However, Judge Hogan deemed a five year sentence
too lengthy per the 8th Amendment(cuel and unusual punishment).
Consequently he sentenced the Hammonds to 3 months and one year
respectively. The Hammonds did indeed
serve that time in jail. Dwight 3 Months and Steven 12 Months.
However, the BLM and the US government are now contesting
that sentence as a violation of the Antiterrorism act. Suit has been filed in the District Court of
Oregon (Eugene) for the Hammonds to serve the balance of the prescribed minimum
sentence. The hearing on 7
Oct 2015 in Eugene, Oregon. was only a
sentencing hearing, as the Hammonds have already been found guilty (and served
jail time) for the offense. Druing this hearign ther were sentance to the remaining five years in a federal penatary.
In the meanwhile the BLM is refusing to renew the Hammonds'
grazing permits, forcing them to find alternative feed for their cattle. In a separate suit, the BLM is also charging
the Hammonds $400,000 for alleged costs of fighting fires and damage to the
public lands. In the event the Hammonds
must sell some or all their private ranch land to meet that monetary demand,
the BLM has filed first option to buy the land forcing the Hammonds to sell to them.
The Hammonds agreed in 2013 to pay the $400,000 as their
insurance company agreed to help substantially.
Dwight & Susan Hammond have moved off their ranch to Burns, Oregon,
in anticipation of Dwight going to jail for four more years & nine months. Then his wife Susan will be able to care for
herself in town.
Dwight purchased his ranch & grazing rights in
1964. He confirmed to me that his
grazing rights predated the establishment of the BLM, by virtue of being
established by previous owners of his ranch.
Steven Hammond is reluctant to talk to anyone about the
situation in fears of the federal governmetns actions againts him and his young family.
Hammond Family &
Individuals Involved
Dwight Hammond (70 yrs old), father to Steve & grandfather to
Dusty; arrested for arson
Steve Hammond (43
yrs old), son to Dwight & uncle to Dusty; arrested for arson
Dusty Hammond (24
yrs old), grandson to Dwight; admitted arsonist & witness 2001 Hunting party; (13 yrs old at
time of 2001 fire; Evidently he made a plea bargain to testify in 2012 trial.) Ages
given in 2012
Rusty Hammond,
father to Dusty; accessory to arson, not arrested
Jacon Taylor
Susan H. Hammond
(~71 yrs old, wife of Dwight; past member of Harney County Watershed Council)
Hammond
Ranches,Inc.
46851 Hammond Ranch Rd.
Frenchglen, OR 97722
OR 33 / T30S / R31E / Section 5 / NW ¼
Coordinates: 42.872253, -118.586019
Total of 480 acres per Harney County records (Susan Hammond
says it's ~ 1000 acres)
Cattle rancher; member of Harney County Chamber of Commerce
The Hammond
Ranch is entirely within the Donner Und Blitzen Sub-Basin Watershed, designated
by the Harney County Watershed Council, of which Susan Hammond is a past
council member. The assessment document
gives a history of the land use in the area, on PDF pages 12 - 22,
"Historical Land Use".)
BLM Topo; Yellow areas are BLM claimed lands. Red hatched areas are BLM "Conservation
Areas", different than ACECs.
Legal Data & Non-Hammond People on the
Case:
Case Number is
2:11-CV-823-SU
Sentencing Hearing
scheduled on 7 October 2015, 10:30 AM, before Judge Ann Aiken, in Eugene
Oregon.
Attorney of record
to handle the US side of the case is Chief
Judge of the District of Oregon
Neil Evans Judge
Ann Aiken
Portland, Oregon 405
E Eighth St, Eugene, Oregon
(503) 727-1053 (541) 431-4100
(Cushman says Evans
is not the prosecuting attorney.) info@ord.uscourts.gov
Gerri Badden Kendra
Matthews, partner (Hammonds' attorney)
US Attorney's Office
- District of Oregon (Prosecution) Ransom
Blackman LLP
Public Information
Officer 1001
SW 5th Ave, Ste 1400, Portland, Oregon 97204
(503) 727-1033 –
desk (503)
228-0487
(503) 706-3910 –
cell kendra@ransomblackman.com
Gerri.Badden@usdoj.gov http://www.ransomblackman.com/index.html
Chuck Cushman
Public Advocate for
the Hammonds
American Land Rights
Association
PO Box 400, Battle
Ground, Washington 98604
(360) 687-3087
News Articles in
Chronological Order, Oldest First:
Dwight Hammond, 1994
High Country News (very rural western Colorado
newspaper, writer lives and writes in Portland, Oregon)
Ranchers Arrested at Wildlife
Refuge - 3 October 1994 (This is pre-Internet days)
Dwight and
Steve Hammond were arrested 3 August 1994 for obstructing the BLM from
constructing a fence to block Hammond cattle from entering a BLM refuge. There was no resistance to the arrest. They served two days in jail and were
released without bail. Charges were
reduced from criminal to misdemeanor 15 August 1994. A scheduled hearing was postponed
indefinitely and never took place. It's
unknown whether misdemeanor charges have been dropped. I'm sure the statute of limitations has
expired.
Hammond's
rights to graze on the refuge at only specific times had been revoked, as he
was allowing his cattle to graze at times outside those specified in his
permit. Various land rights
organizations supported the Hammonds. A
rally of 500 ranchers was held in Burns.
Then Congressman Bob Smith, of Hammond's district, weighed in on
Hammond's behalf with a letter to US Interior Secretary Babbit.
Hammond
(assumed by me to be Dwight) allegedly made death threats against refuge
managers in 1986, 1988, 1991 and 1994. Per agency spokeswoman, Hammond has never
given the required 24 hour notice to graze his cattle on the refuge.
Susan
Hammond says the cattle trail is an "historic right of way" in use
since 1871. She claims "We never
had a permit. We have a right to use
it." I'm not sure exactly where
this cattle trail is.
OPB FM
Hammond Witness
Describes Setting Fire in 2001 17
July 2012
This
article explains the trial that took place.
Dwight
Hammond's grandson (Dusty Hammond) testified against Dwight and Steven Hammond,
11 years after the fact. The Hammonds,
father & son (Dwight & Steven), were on a hunting trip and ended up
purposely setting fire on BLM land.
Dusty particpated in setting the fire as well. (It's evident to me that the prosecuting
attorney threatened Dusty into testifying.)
Dusty
Hammond was 13 years old at the time of the event of setting the fire in
2001. Now 24 years old, he admits to
jury that on 30 Sept 2001, while on a deer, hunt he set a fire at the
instruction of his uncle, Steve. The
fire chased him and he ran into a rocky area to escape the fire and it passed
him by.
Dusty
testified that he never actually saw his uncle Steven actually light a fire,
but only saw smoke in his direction.
Dusty claimed to remember the day clearly, as he had his own close
scrape with the fire.
My (Bill Goode)
Thoughts & Comments about Dusty's Testimony
In my
conversation with Dwight, he says he bears no ill-will toward his grandson,
Dusty, for testifying against him. He
feels the government must have forced him somehow to testify. Dwight said not all the testimony was
true. Dwight said that everything that
Dusty said at the trial could not have happened because there wasn't enough
time for all of it to happen as Dusty testified. Dwight & Steven were convicted anyway and
were sentenced to 3 months and one year respectively.
I don't
have the trial transcript of Dusty's testimony, but based on this news article,
it's FULL of holes. I'm flabbergasted
that the jury accepted it. The BLM
denial document gives additional testimony, but it's obviously prejudiced. What kind of jury would accept this nonsense?
Burns Times Herald
Hammonds convicted in federal court
- 27 June 2012
This
article explains the verdict from the jury.
Sentencing was scheduled for September.
On 22 June
2012 a jury convicted Dwight (70 yrs old) and son Steven Hammond (43 yrs old)
of arson on federal lands in 2001. They
had originally set out on a deer hunting trip, but ended up setting fires as
well. Both Hammonds were originally
indicted on 19 counts in June 2010, but superseding indictment reduced the
number to 9 counts.
Dwight
& Steve Hammond had intentionally set fire on BLM land they had grazing
permits for. The intention was to clear
brush so more grass could grow to support their cattle. They did tell the BLM they
Western Livestock
Journal
Additional jail time for ranchers’ range fires?
- 10 July 2015
In 2012 Dwight and Steven Hammond
were tried, convicted, sentenced and served time (3 months and one year
respectively) in jail for setting fires in 2001 and 2006. They were tried and convicted of terrorist
acts under the "Antiterrorism and Effective Death Penalty Act.
The 2001 fire was set as part of a
plan the Hammonds had with the BLM. They
called the BLM to see if burning was permitted that day. They were told there was no ban on burning
that day and the Hammonds told the BLM they would be burning that day on their
BLM grazing allotment. They ended up
burning about 139 acres.
In 2006 lightening started a fire on
BLM land adjacent to the Hammond's private land. Steven Hammond set a backfire to stop the
spread of the fire started by lightening.
The Antiterrorism Act calls for a
minimum sentence of 5 years. The judge
in 2012 decided that per the 8th Amendment that 5 years was too
stiff a punishment. So he used his discreation to give the Hammonds lighter
sentences. The BLM is seeking to have
each of the Hammonds serve out the balance of those five years.
A re-sentencing hearing is set for late
October 2015. (The actual date of the
hearing is 7 October 2015 at 10:30 AM at the US District Court in Eugene,
Oregon. This has been confirmed to me by
Gerri Badden and Chuck Cushman.)
The BLM has canceled the Hammonds's
grazing permits on four grazing allotments.
(I've read the denial in a BLM document.
I'm not sure if it covers ALL the allotments given to the Hammonds. It's another question to ask Dwight.)
The Hammonds must pay $400,000 to
the BLM for the cost of fighting the fires.
If the Hammonds must sell part or all of their ranch to meet this
payment, the BLM has first option to buy the ranch. (In my conversation with Dwight he said he
could cover the balance of the settlement, after the insurance company pays its
share, by selling cattle. Then I suppose
he could rebuild his herd.)
Questions to Hammonds I still have.
1)
What
happened to misdemeanor charges of 15 August 1994?
2)
Where is
the cattle trail that Susan Hammond says has been in use since 1871?
3)
Why did
it take 11 years for federal government to prosecute for the 2001 fire? Is there no statute of limitations?
4)
Did the
BLM cancel ALL of the Hammonds' grazing allotments? The BLM document states the Hammond, Mud
Creek, Hardie Summer & Hammond FFR allotments were canceled.
BLM is obviously intent on acquiring the
Hammond Ranch.
I am able to see all
the BLM land on a map supplied by the BLM.
This shows how the BLM has designs on the Hammond Ranch. Notice that ALL the BLM "Conservation Areas"
in Oregon are around the Hammond Ranch.
Yellow areas are BLM claimed lands. Red hatched areas are BLM "Conservation
Areas", different than ACECs. Black
hatched areas are ACECs and BLM monuments.
There are vastly many more ACECs than shown on this map, principally in
western Oregon. Each of the ACECs in
western Oregon is small, but I could tell the number was vast because there
were so many labels. I had to leave the
labels off, else there were so many they would cover the rest of the map.
Dwight and Chuck explained that the BLM has had a vendetta
against the Hammonds since a water rights dispute about 1993. The Hammonds won that dispute and the BLM has
resented the Hammonds since.
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