Portrayals of Peacemaker’s militia members as dangerous men plotting to kill federal employees were juxtaposed with characterizations of the men as hapless big mouths who exaggerated a lot but were harmless – during this morning’s opening statements in day two of the Schaeffer Cox, Lonnie Vernon and Barney Coleman federal trial in Anchorage.
Prosecutor Yvonne Lamoureux said Peacemaker’s leader Schaeffer Cox believed federal agents were plotting to kill his family and take down the militia. She described a dry erase board seized from his home that detailed plans for killing federal agents. She quoted Cox as saying to a state trooper – “We have you outmanned, out gunned and can have you dead in one night.” She said the men wanted to buy grenades from Drop Zone Security, silencers and modified arms to make them automatics. They developed a two- for-one killing plan she said, if a militia member were killed, they would kill two troopers or two judges. She said Coleman Barney had $5,000 on him when he was arrested while allegedly attempting to buy guns, silencers and grenades.
Lamoureux said prosecutors have 100 hours of recordings and planned to call 70 witnesses and introduce 700 pieces of evidence.
Defense attorney Nelson Traverso, representing Cox, said testimony would show Cox was not attempting to overthrow the government, but instead was simply an agitator for civil liberties, a father of two who believed the government would collapse and the militia had to be prepared to defend people. Traverso said Cox’s statement to the trooper that the militia could have them dead in one night, was “distasteful, but within his right to free speech.”
Timothy Dooley represents Coleman Barney and in his remarks attempted to distance Barney from Cox, saying Barney was a Mormon, married with five children and a successful electrical business. Dooley said Barney’s Mormon teachings instruct to prepare for end days. He said Barney had $5,000 in cash that day to cover a check, not buy weapons. Dooley raised the 1992 shooting at Ruby Ridge which raised an objection from the prosecution, Judge Bryan sustained it, instructing Dooley to move on. Dooley closed by saying the federal government was overreaching.
Attorney M.J. Haden said her client Lonnie Vernon just had poor taste in the people he hung out with. She said he was rough around the edges, a loud mouth and a blowhard who told tall tales to try to fit in. But she said a conspiracy is an agreement and there wasn’t one in place to buy weapons or commit murder.
After the statements, prosecutor Steven Skrocki called their first witness, FBI agent Michael Thoreson who oversaw the arrests of first Lonnie and Karen Vernon and about an hour later Schaeffer Cox and Coleman Barney in Fairbanks in March of 2011. Prosecutors entered inert grenades, 22 caliber hand guns equipped with silencers and extra clips into evidence, saying these were the weapons the militia members had allegedly attempted to buy from FBI source JR Olson when they were arrested. The trial continues tomorrow.
The men consider themselves sovereign citizens, above state and federal law. Washington D.C. based writer J.J. MacNab is working on a book about the sovereign citizen’s movement, and tracks court cases involving them across the country. McNabb says the difference between ideas and actions is always central.
Schaeffer Cox was facing a weapons charge, and Lonnie Vernon owed back federal taxes, when they and fellow militia member Coleman Barney supposedly hatched a plan to retaliate against court and law enforcement officials. They were arrested in March 2011, charged with planning violence and stockpiling illegal weapons to carry it out. MacNab says militia defendants tend not to fare well in court.
MacNab says federal prosecutors pursue cases that are easiest to win, and the Fairbanks militia case is interesting because none of the men have pleaded guilty.
The Fairbanks militia case has gotten a lot of press, but MacNab says the most damaging evidence against the accused has likely been held for the courtroom.
The government’s case is built on recordings made by informants, who infiltrated the group, and MacNab says that can be contentious.
MacNab says she’s keeping special eye on the Fairbanks militia case because Schaeffer Cox has charisma that could make him a leader of the broader sovereign citizen’s movement. She says the movement is in the midst of its latest outgrowth, with an estimated 300,000 adherents in the U.S., a blossoming that encompasses a broad spectrum of people angry with government. The trial continues tomorrow.
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Lori Townsend is the chief editor, senior vice president of journalism and senior host for Alaska Public Media. You can send her news tips and program ideas for Talk of Alaska and Alaska Insight at ltownsend@alaskapublic.org or call 907-550-8452. Read more about Lori here.
Dan Bross is a reporter at KUAC in Fairbanks.