By Sylvia Gilman
Massachusetts Peace Action
Cambridge MA
At trial, the government presented evidence that the Plowshares had damaged the USS The Sullivans in the amount of $28,000. The Plowshares argued that the warship had no value or negative value.
After the trial ended, the Navy granted Bath Iron Works a contract for $37,000 to repair the ship. Prosecuting Attorney Kazanjian wanted to reopen the case for damages in order to obtain longer sentences.
Assistant US Attorney Helene Kazanjian argues for reopening the case to prove the enhanced level of damages, telling Judge Carter she "cannot stipulate away the damages." Seated behind Kazanjian are standby defense lawyer Claudia Sharon and defendant Phil Berrigan, who is representing himself, Pro Se. Phil was brought into the courtroom in chains and is wearing the bright orange jumpsuit issued by the Cumberland County Jail (CCJ).
Judge Carter granted the government six weeks to mount the evidence needed to prove the higher level of damages. The night before the evidentiary hearing, the government's prime witness, Bath Iron Works, withdrew, stating they did not want to disclose the details of their contract with the Navy, which had been awarded without competitive bidding. BIW claimed the contract contained "proprietary information" which if disclosed would harm their competitive advantage over rival shipbuilder, Litton Industries. Word on the street was that BIW did not want to disclose the breakdown of their contract among labor, materials, and profit, because it would have come out in cross-examination that it was mostly profit. At trial, the Plowshares had argued that the hundreds of billions spent on defense contracts are funds that should go to feed and clothe the poor and hungry.
After the government's case for enhancing the level of damages collapsed for lack of testimony, the case quickly moved on to the Sentencing. Some observers wondered if the government's failure to prove any actual damages would supercede the testimony at trial of estimated damages.
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