Judge Warns Viper Militia Prosecutors on Publicity

After scolding prosecutors for pandering to the media, a federal judge on Wednesday withheld judgment on a defense attorney’s request for a gag order in the case against a dozen Viper militia members accused of making bombs to possibly spark civil disorder here.

Martin Lieberman argued that chances for selecting a fair and unbiased trial jury for the 10 men and two women arrested Monday were hampered by a “firestorm of media activity” and public assertions by federal authorities that “a solid case” had been built against the Vipers.

He also complained that federal prosecutors have been handing out “press packets” and affidavits in support of search warrants to reporters before the defense had received them.

U.S. District Judge Earl Carroll agreed, to a point, and ordered that attorneys on both sides of the case adhere to a local rule barring “an extrajudicial statement that a reasonable person would expect to . . . have a substantial likelihood of materially prejudicing” court proceedings.

Lieberman filed the hastily crafted motion on behalf of Ellen Belliveau, 27, who is charged with conspiring to furnish and instruct on the use of explosive devices made with ammonium nitrate.

Authorities also believe Belliveau, an AT&T; accounts representative, used her position to obtain phone records of prospective militia members to screen out law enforcement officers.

Virtually unknown before the arrests, the Viper militia, according to authorities, is a tightknit crew of home-grown political saboteurs who built bombs and amassed an arsenal of guns with the possible aim of destroying at least seven government facilities in Phoenix.

A video allegedly produced by the militia showing where to place bombs in those buildings to maximize damage is expected to be played at a federal detention hearing scheduled for Friday.

The case hinges, however, on what the militia members actually intended to do, and whether they were coerced into illegal activities by a Bureau of Alcohol, Tobacco and Firearms undercover agent who infiltrated the group six months ago.

Authorities have refused to disclose any information about the agent beyond that he is a state peace officer assigned to the ATF.

Given the enormous amount of evidence gathered in the case--including dozens of guns, 10,000 rounds of ammunition, hundreds of pounds of ammonium nitrate, more than 200 blasting caps and the videotape--prosecutors want to try all 12 defendants together.

On Wednesday, there were clear signs that some were already preparing to break away from the pack.

“It’s inevitable because, in a case like this, there are hard-core believers and hangers-on and fringies who get sucked up into it when the indictment rolls,” said federal public defender Deborah Williams, who is representing Randy Nelson, 32, a house painter and gun enthusiast.

Nelson, who had a license to sell firearms and taught a gun safety class, has been charged with conspiracy to unlawfully manufacture, receive and possess destructive devices made with ammonium nitrate. He also is charged with unlawful possession of two illegal machine guns.

Attorney Patrick McGillicuddy, who is representing militiaman Walter Earl Sanville, was more blunt.

“To protect Sanville’s right to a fair trial, I may have to get him out of the group,” he said.

In the meantime, FBI officials confirmed that they were exploring the possibility of a link between the Vipers and the October derailment of Amtrak’s Sunset Limited passenger train about 60 miles west of here. One person was killed and 80 were injured when the train plunged off a trestle. A note left at the scene was signed “Sons of Gestapo” and referred to the federal sieges near Waco, Texas, and at Ruby Ridge, Idaho.

“We wouldn’t be doing our job unless we gave these people a hard look,” said FBI spokesman Jack Callahan. “But we have no information at this time that any of these individuals were involved in that wreck.”