Background
Who is Jeffrey Luers?
Why a 23 Year Sentence?
Jeffrey's Legal Appeal
Human Rights Commission letter
Who is Jeffrey Luers?
My name is Jeffrey Luers. Most of my friends call me "Free". I have been active since 1996 fighting for a range of issues such as animal rights, gender equality, anti-fascism, eco-defense and others. These issues are not separate they are one struggle, one fight. My story is only a small part of a greater whole.
In my lifetime I have witnessed an onslaught against the inhabitants of this world lead by the greed of industrialized nations. It is my belief that the oppression of people is rooted in the oppression and exploitation of nature. A fundamental disrespect for life that began with the conquest of Mother Nature and has lead to the conquest of humankind. I struck back. In an act of resistance designated to raise awareness and draw attention to a problem that affects every human being, every animal, every plant, and every form of life on this planet. I am speaking of global warming, air, soil and water pollution. We are in the midst of a global environmental crisis.
On June 16, 2000 I ignited a fire that would forever change my life. I torched 3 SUV’s. I took extra care and used specific fuels to ensure no one would be injured. Approximately 30 minutes after the fire was lit and extinguished, I was taken into custody by 3 undercover agents who had been following me, one of whom I would later learn to be a member of an anti-domestic terrorist unit. I was arrested on Criminal Mischief One,a charge that carries about one year. In the course of one week that charge would multiply into 10 felony counts, including 3 counts of Arson One. Getting to trial took the course of a year. By trial I had accumulated 13 felony counts, now including conspiracy with persons unknown. I was looking at a little over 100 years. I refused to take a deal.
Trial was a joke, literally. We proved evidence had been tampered with, officers had lied and that the prosecutor had manipulated evidence to get a legal search. On top of that the judge refused to allow me to separate the trial. I had been charged with two different fires. Law requires that upon request separate offences must be tried separately. The final blow came when the judge threw out the testimony of my expert witness. In the end I was convicted of 11 felony charges. I was sentenced to 22 years and 8 months. I have no possibility of parole. This is only a summary of events that took place in the course of a year.
For more information or to write to Jeff directly go to our contact page
Why a 23 Year Sentence?
Many people have asked "Why a 23 year sentence for burning 3 Sports Utility Vehicles?" In a society where murderers and rapists with prior convictions get out of jail in 4 years, a 23 year sentence for a property crime seems out of whack. We believe that Jeff received such a drastic sentence because of the political nature of the action he took. While the damage was moderate ($40,000) and the trucks were later resold, the Judge with the backing of the city and state of Oregon opted to throw the book at Jeff to not only punish him but to send a chilling message to the local Eugene community that dissent will not be tolerated.
You can read an analysis of Jeff's sentence versus people in Oregon State convicted of rape, murder and arson. Ask yourself why someone who started a small fire at a car dealership is serving over 20 years while people who murder and hurt people get off in 3 years.
The following are the charges that Jeff was convicted of on June 11, 2001:
Jeffrey Michael Luers
Sentencing - June 11, 2001
Lane County, Eugene OR
Convicted of the crimes of arson in the first degree (Counts 1, 2, and 3), criminal mischief in the first degree (Count 4), unlawful manufacture of a destructive device (Counts 5 and 12), unlawful possession of a destructive device (Counts 6 and 13), attempted arson in the first degree (Counts 9 and 10) and attempted criminal mischief in the first degree (Count 11).
• Unlawful manufacture of a destructive device (Count 12) - sentenced to 90 days, considered served. (Lane County)
• Unlawful possession of a destructive device (Count 13) - sentenced 90 days, considered served. (Lane County)
• Attempted arson in the first degree (Count 9) sentenced to Department of Corrections, State of Oregon,- 44 months. Sentence imposed for Count 9 shall be concurrent with the sentences imposed with Counts 12 and 13 above.
• Attempted criminal mischief in the first degree (Count 11) merges with Count 10.
• Attempted arson in the first degree (Count 10) sentenced Department of Corrections, State of Oregon-18 months. Sentence imposed for Count 10 shall be consecutive to the sentence imposed for Count 9.
• Unlawful manufacture of a destructive device (Count 5) sentenced 24 months. Sentence imposed for Count 5 shall be served consecutive to the sentence imposed for Count 10.
• Unlawful possession of a destructive device (Count 6) sentenced 18 months. Sentence imposed for Count 6 shall be concurrent with the sentence imposed for Count 5.
• Criminal mischief in the first degree (Count 4) merges for the purposes of sentence with Count 1.
• Arson in the first degree (Count 1) sentenced 90 months as established in Ballot Measure 11. Sentence on Count 1 shall be consecutive to the sentence imposed for Count 5.
• Arson in the first degree (Count 2) sentenced to 90 months as established in Ballot Measures 11. Sentence on Count 2 shall be concurrent with the sentence imposed for Count 1.
• Arson in the first degree (Count 3) sentenced to 90 months as established by Ballot Measure 11. Sentence on Count 3 shall be consecutive to the sentence for Count 1.
It is the finding of the Court, pursuant to Ballot Measure 11, that for each Count 1, Count 2, and Count 3 the defendant shall serve the entire sentence imposed by the Court and shall not, during the service of this sentence, be eligible for release on post-prison supervision or any form of temporary leave from custody, and that said defendant shall not be eligible for any reduction in sentence for any reason whatsoever under ORS 421.120 or 421.121, or any other statute.
The length of post-prison supervision shall be 36 months. If defendant violates the condition of post-prison supervision, the defendant shall be subject to sanctions including the possibility of additional imprisonment as provided by law.
The defendant’s Motion for Acquittal as to Counts 7 and 8 (Conspiracy to commit arson in the first degree is granted and Counts 7 and 8 are dismissed.
Jeffrey's Legal Appeal
Final Update - February 28, 2008
The resentencing hearing took place February 28, 2008 in Lane County Circuit Court. Judge Billings reduced Jeff's sentence from 23 years to 10 years and Jeff will be released by December 2009! Please read the press release for additonal information, as well as Jeff's statement to the court.
Re-sentencing Update - December 18, 2007
A hearing is scheduled for January 8, 2008 in Lane County Circuit Court in Eugene, Oregon. The date could very well change, but this is what we have been told so far. Circuit Court space is very limited and we want to be sure Jeff’s family has plenty of space available, so at this time we are requesting that only Jeff’s family and close friends attend the hearing. We are also requesting that things are kept low-key -- any protest or similar activity would be acting against the wishes of Jeff and his family. We hope that everyone can understand our request and continue to be supportive during this very crucial time for Jeff. We will certainly continue to keep everyone 
updated and share information with you all right away. Stay tuned for updates and reports. Jeff’s attorneys have been working very hard over the past few weeks and our hopes remain high. If you are able and haven’t done so already, please contribute to Jeff’s growing legal debt.
Appeal Update - February 14, 2007 (compiled with help from the Civil Liberties Defense Center)
We have some good news. The Court of Appeals just unanimously ruled that Jeff's case will be reversed and remanded back to the Circuit Court for resentencing as a result of Judge Velure's errors in imposing the original draconian sentence. The opinion just came out this morning and we are still reviewing it for details, but it looks like Jeff could potentially get about 15 years taken off his 266 month sentence. We will provide you with more information as it becomes known. The entire opinion is available here for those who are interested. Congratulations to Jeff and his family! Thank you to everyone for their support! Now, on to the next phase of the appeal for which donations are desperately needed in order to cover legal costs. Donation options are available here.
Legal Update - November 30, 2005 by Jeff Free Luers
This morning after over 4 years of waiting, the Oregon Court of Appeals finally heard oral arguments in my case. While I did not attend, I was informed of what transpired by my attorneys at the Civil Liberties Defense Center.
My attorney was given 15 minutes to argue my case. He spent the majority of the time dealing with the merge issue, which would significantly reduce my sentence. Of the 3-judge panel, one appeared to be supportive of this idea, asking pointed questions of the Attorney General on why they disagreed.
The argument against Measure 11 was also made. This unfortunately did not seem to gather as much support. The panel seemed to be evenly split, with one judge a known conservative, one moderate-to-liberal (perhaps) and a relative newcomer that no one knows much about. The state argued against merger and against my Blakely issues - which deal with my 4-year upper departure sentence.
All in all, my attorneys felt mixed about the case. I got the impression that it could have been better, but also could have been much worse. I won't dare to venture a guess as to the outcome, but I will keep my fingers crossed. There is no deadline for a decision - it is now a waiting game. My attorney thinks anywhere from 6-8 months, but it could be as soon as one month or as long as 2 years.
Background information on the appeal:
Free filed an appeal of his case on January 14, 2003 before the Oregon Court of Appeals. The appeal is 50 pages long and covers many aspects of Jeff's ludicrous trial and sentence.We are hoping that this appeal will take 10-12 years off his sentence. The state responded to Free's appeal in early October 2003, Jeff's lawyer responded in March 2004 and July 2004 arguements were postponed due to the Blakely v. Washington court decision in Washington state.
Jeff's appeal is currently on hold. In June, the United States Supreme Court decided Blakely v. Washington, 542 US ___, 124 S Ct 2531, ___ L Ed 3d ___ (2004). The case has the potential to affect the sentences of thousands of people sentenced under Oregon's sentencing guidelines, including Jeff's. The Oregon Court of Appeals has received requests for additional briefing on Blakely in so many cases that it has delayed ruling on these requests until Oregon courts have a chance to figure out the impact of Blakelyon sentencing in Oregon. The Oregon Court of Appeals and Supreme Court are expected to begin issuing opinions in some representative cases (also called "lead cases") soon. After that, the Court of Appeals will decide to allow or deny additional briefing in cases like Jeff's, and his appeal will go forward from there.
Legal costs for Jeff's appeals will be very expensive and help is greatly needed. To make a contribution visit our donation page.
Human Rights Commission Support
Eugene Human Rights Commission Releases Letter Regarding Jeffrey Luers' Case
On a positive note, the Eugene Human Rights Commission (EHRC) issued a letter on June 12, 2003 encouraging Jeffrey to appeal his case and citing that his sentence appears to be politically motivated. Thanks to the EHRC for having the courage to make this public statement and to Break the Chains prisoner support group for calling this matter to their attention. Their letter can be viewed in PDF format here. You can read coverage of the letter in Eugene’s newspaper, the Register Guard here.
