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Sentence looms for Elaine Brown
One charge carries 30-year minimum
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October 02, 2009 - 12:00 am

Elaine Brown will make her final trip to federal court today to be sentenced for her conduct during the eight months she and her husband holed up in their home, accumulated guns and explosives, and refused to surrender to federal agents.

Brown, a former dentist from Plainfield, faces a possible life sentence. One charge alone, for possessing destructive devices in connection with a crime of violence, carries a mandatory minimum sentence of 30 years in prison. In addition to that explosives charge, Brown faces sentencing for two counts of conspiracy, obstruction of justice, gun possession and failing to appear at her 2007 sentencing hearing for tax crimes.

Her husband, Ed Brown, was found guilty of similar crimes and had also been scheduled for sentencing this week. But Ed Brown's hearing has been postponed so he can undergo a 30-day psychiatric evaluation to determine if he is competent to participate in court proceedings.

The Browns took to their self-sufficient Plainfield home in 2007 after fleeing a federal tax trial, which they said was rigged. They entertained guests, hosted concerts and appeared on a near-daily radio show where they made frequent threats to go down shooting if federal agents tried to arrest them.

According to evidence presented at their trial, they also accumulated a stockpile of assault and sniper rifles, and Ed Brown testified that he had assembled the dozens of explosive devices found throughout the house. During the couple's trial this summer, Elaine Brown's lawyer said she was a minor player in the standoff who didn't bear responsibility for the bombs and guns found by investigators after the couple's arrests. At trial, and in a recent sentencing memo, Bjorn Lange described Brown as a loyal wife who feared for her life and didn't want to harm federal officials.

Prosecutors countered that her participation in the plot - and financial support - was essential. Elaine Brown made repeated public statements expressing her willingness to die rather than submit, prosecutors said, and she was armed at the time of her arrest by undercover U.S. marshals, who came to the fortified concrete house disguised as supporters.

The Browns lived out the standoff side by side, often appearing together on their daily call-in radio show and in photographs distributed by supporters. Since the couple's arrest, they have met daily and co-authored a series of unconventional legal pleadings - most dismissed as frivolous by the judge.

Once Elaine Brown is sentenced, the couple are likely to be separated for good.

Court filings have revealed few details about the sentence recommended by probation officials, who have submitted a sealed report to the court. A filing by Lange asks for a sentence lower than that recommended by guidelines. Lange suggests a sentence of 361 months - the 30-year mandatory minimum, plus one month for the other crimes.

His motion described Brown as an atypical criminal with a low likelihood of recidivism. The motion also said Brown's involvement in bomb construction and threats of violence were minimal.

"The defendant's love and loyalty toward her husband caused her to return to their home in February of 2007, where she then engaged in the conduct for which she now stands convicted," the document said. "She remained within the boundaries of the Plainfield property until October 7, 2007, when an undercover team arrested her and her husband peaceably and without injury to anyone."

But, even if the judge adopts Lange's recommendation, Elaine Brown is likely to spend the rest of her life in prison. At 68, she still has several remaining years left on a 63-month sentence for her tax crimes. Sentencing guidelines say the 30-year minimum sentence on the explosives charge must be served consecutively with any additional sentences.

Maine federal Judge George Singal - brought to New Hampshire after threats caused the state's federal judges to recuse themselves - has shown no reluctance in imposing tough sentences. Two of four men found guilty of aiding the Browns during the standoff were sentenced last year to terms exceeding federal sentencing guidelines.






 

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