nationalsecuritylaw United States v. Crooker (D. Mass. Mar. 28, 2011) (gulity plea in ricin possession case)

* United States v. Crooker (D. Mass. Mar. 28, 2011) (guilty plea in ricin possession case)

From the DOJ press release:

BOSTON – An Agawam, Mass., man was convicted today in federal court of illegally possessing the deadly toxin ricin and using the mail to threaten a federal prosecutor.

Michael Crooker, 57, pleaded guilty before U.S. District Judge Douglas P. Woodlock to one count of mailing a letter containing a threat to injure an officer or employee of the United States and one count of possessing the toxin ricin without obtaining required registration. Crooker, who has been held in custody on various matters since June 2004, will remain incarcerated until his sentencing.

At today’s plea hearing, the prosecutor told the court that had the case proceeded to trial the government’s evidence would have proven that law enforcement agents arrested Crooker on June 23, 2004 on a federal complaint charging him with using the U.S. mail to transport a firearm. Agents also searched Crooker’s Agawam apartment the same day and discovered what appeared to be a weapons lab along with various dangerous or deadly chemicals that could be used to make powerful explosives. Agents also discovered castor seeds, which are the source of the deadly poison ricin; abrus seeds, which are the source of the deadly poison abrin; and all of the materials needed to extract ricin and abrin from the seeds such as acetone, lye, laboratory glassware and coffee filters. Agents later searched Crooker’s parents’ residence, where Crooker had stored additional chemicals and castor seeds.

While Crooker was in jail awaiting trial on the firearms charge, he told two fellow inmates that he knew how to make ricin, had made ricin in the past and possessed ricin. He told one of them how to manufacture ricin and explained the process for doing so. Crooker also discussed how ricin could be sent through the mail, placed on food or blown into a person’s face to cause death

On July 22, 2004, angered over by his arrest and the various searches, Crooker sent a letter to the Assistant U.S. Attorney prosecuting the firearms case and invoked the name of Timothy McVeigh, the individual responsible for the 1995 Oklahoma federal building bombing. Crooker wrote: “As Martyr McVeigh’s T-shirt says: ‘The Tree of Liberty must be refreshed from time to time by blood of patriots and tyrants.’” Crooker challenged the prosecutor to “bring on your [expletive deleted] and I’ll bring on mine,” and warned that even an imprisoned person could cripple the U.S. Postal System by sending toxins through the mail.

On July 26, 2004, Crooker sent a letter to the Westfield Evening News stating that he had offered to “cooperate and get any WMD’s (if they exist) off the street” if the government dropped the firearms charges he was facing. Crooker suggested that the items would otherwise “fall into the hands of people” like Mohammed Salemah, who was convicted of participating in the 1993 bombing of the World Trade Center. Crooker and Salemah met in the 1990’s when both were incarcerated in federal prison in California.

In August 2004, Crooker’s father was cleaning a window on his property and unearthed a buried vial of powdered ricin. The quantity of ricin in the vial was enough to kill 150-750 people. In letters to family members, Crooker admitted to possessing the ricin and indicated it had been there as long as three or four years.

Judge Woodlock scheduled sentencing for June 20, 2011. Crooker faces up to 15 years in prison, to be followed by up to three years of supervised release and a maximum of $500,000 in fines. As part of a plea agreement, the parties will both recommend that the Court impose the maximum 15 year sentence.

By Robert M. Chesney

Robert M. Chesney is Charles I. Francis Professor in Law at UT-Austin School of Law. Chesney is a national security law specialist, with a particular interest in problems associated with terrorism. Professor Chesney recently served in the Justice Department in connection with the Detainee Policy Task Force created by Executive Order 13493. He is a member of the Advisory Committee of the American Bar Association's Standing Committee on Law and National Security, a senior editor for the Journal of National Security Law & Policy, an associate member of the Intelligence Science Board, a non-resident senior fellow of the Brookings Institution, a term member of the Council on Foreign Relations, and a member of the American Law Institute. Professor Chesney has published extensively on topics ranging from detention and prosecution in the counterterrorism context to the states secrets privilege. He served previously as chair of the Section on National Security Law of the Association of American Law Schools and as editor of the National Security Law Report (published by the American Bar Association's Standing Committee on Law and National Security). His upcoming projects include two books under contract with Oxford University Press, one concerning the evolution of detention law and policy and the other examining the judicial role in national security affairs.

Leave a comment

Your email address will not be published. Required fields are marked *