A trial scheduled for Tim DeChristopher, accused of defrauding the government during a federal oil and gas lease sale, has been delayed indefinitely while a judge considers whether the government's prosecution is unfair.
DeChristopher, 28, acknowledged he made bogus bids Dec. 19, 2008, as an act of civil disobedience to protest Bush administration policies he said worsened the global climate crisis and threatened the health of everyone on the planet. He was indicted April 1, 2009, on two felony counts and later pleaded not guilty.
In November, U.S. District Judge Dee Benson refused to allow DeChristopher to mount a lesser-evils, or necessity, defense that he tried to sabotage the auction to combat global warming.
A trial, which was set for March 15, instead will be a hearing in which the judge considers DeChristopher's claims he has been selectively prosecuted because none of the 34 other bidders who defaulted on 152 parcels during the past five years -- for an estimated loss of $3.4 million -- was similarly charged.
Two of the bid walkers, DeChristopher and a New Mexico man, didn't intend to pay. But because DeChristopher was the only Utah example, federal prosecutors say, he can't prove the U.S. Attorney's Office here discriminated against him.
DeChristopher's lawyers -- defense attorney Ron Yengich and Pat Shea, a former national Bureau of Land Management director -- are seeking all internal documents showing policies that affect the prosecution and all communications about the case against their client.
How the case got to here
Auction » Tim DeChristopher disrupted a U.S. Bureau of Land Management oil and gas lease auction Dec. 19, 2008, in Salt Lake City.
Winning bids » After he bid $1.8 million to win bids on 14 parcels near Arches and Canyonlands national parks and drove up bidding on several others, BLM agents removed him from the auction room for questioning.
Civil disobedience » The University of Utah economics major, who has become a folk hero to many since the lease sale, acknowledged his false bidding, saying it was an act of civil disobedience in protest of Bush administration policies that worsened the global climate crisis.
Leases shelved » On Feb. 4, 2009, Ken Salazar, President Barack Obama's Interior secretary, shelved 77 contested lease parcels, including the ones DeChristopher won, and scolded the Bush team for rushing reviews of the disputed sites.
Indictment » On April 1, a federal grand jury handed up a two-count felony indictment against DeChristopher for violating the terms of the auction he promised to observe when he signed up to bid. He pleaded not guilty April 28.
Defense denied » On Nov. 16, U.S. District Judge Dee Benson refused to let DeChristopher argue in court that he tried to sabotage the auction to combat the climate-change crisis.
New defense sought » Last month, DeChristopher's attorneys filed a motion arguing their client is a victim of selective prosecution. Federal lawyers are fighting that motion.
Court action » A trial scheduled for March 15-17 has been canceled. Instead, Benson, on March 15, will consider the selective-prosecution allegations during a court hearing.
