PLOWSHARES PROBATION PULLED
Two resisters on probation face more jail time

Prince of Peace Plowshares activists Mark Colville and Tom Lewis-Borbely may soon return to prison, their probation having been revoked for refusal to pay restitution. The two took part in the disarmament of an Aegis class destroyer at the Bath Ironworks shipyard in Maine in February, 1997.

The two men appeared before their sentencing judge last October, but only Lewis-Borbely's probation was revoked. Colville disputed the probation officer's report which failed to properly present his situation as a Catholic Worker with no income, and also the summons, which stated his refusal to pay restitution (a condition of probation) was grounded in disrespect for the authority of the court. When Colville began to object, the judge postponed conclusion of his violation hearing until November 12, when Colville's probation officer could be present to answer the judge's questions.

On the 12th, the probation officer affirmed many of the statements of conscience that Colville had made but the report had not included. Colville also read a prepared statement, excerpted here:

"I do recognize the court's authority and I do have respect for the law. However, with regard to the legalization of nuclear weapons my religious faith and my conscience must take precedence....

"I am... restrained by faith and conscience from paying for the restoration of the [disarmed warship] USS The Sullivans. So the question is not "Can the court force me by threat of incarceration to pay restitution?" The question is, do you, Judge Carter, recognize the primacy of conscience over law with regard to the ultimate questions of life and death... "

The probation department is essentially demanding that I give up my vowed ministry [to voluntary poverty and performing the Works of Mercy] in order to feed the US war machine, and of course I must refuse to do this.

"The simple truth is, I don't acknowledge criminality in this case because the legalization of mass murder is itself a crime, so any cooperation on my part with restitution is a participation in criminality."

The judge declared that his decision would be forthcoming in the mail.

Colville and Lewis-Borbely remain free to be with their families, awaiting the next word from the court.

Prince of Peace Plowshares codefendant Susan Crane has submitted a motion to amend her sentence to eliminate requirements she pay restitution and be subject to supervised probation. Crane's release plan was rejected because a return to her home at Jonah House, a faith-based resistance community, would leave her in the company of other peace felons.

Co-defendant Phil Berrigan was released from prison on November 20 after serving his two year sentence.

For more information and to offer support, contact Mark Colville, Cesar Jerez Catholic Worker, 203 Rosette St., New Haven, CT 06915, (203)624-5517; and Tom Lewis-Borbely, Emma House, 136 Austin St., Worcester, MA 01609, (508)757-4293.

Letters of support can be written to Prince of Peace Plowshares members remaining in prison, Susan Crane and Steve Kelly, SJ, at the addresses noted in Inside and Out.