United States v. Schoon

971 F.2d 193 (9th Cir. 1992)

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Nature of the Case

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Facts

On December 4, 1989, 30 people, including appellants (Gregory Schoon (D), Raymond Kennon, Jr.(D), and Patricia Manning (D)), gained admittance to an IRS office in Tuscon and chanted 'keep America's tax dollars out of El Salvador.' They then proceeded to splash simulated blood on the counters, walls, and carpeting and obstructed the office's operations. Federal officers ordered the parties to disperse, and after several warnings, the appellants were arrested. Their only defense was to assert the necessity defense, contending that their acts were in protest of American involvement in El Salvador in order to avoid further bloodshed in that country. They attempted to assert a necessity defense. The court precluded the defense as a matter of law, relying on Ninth Circuit precedent. The district court denied the necessity defense on the grounds that (1) the requisite immediacy was lacking; (2) the actions taken would not abate the evil; and (3) other legal alternatives existed. Because the threshold test for admissibility of a necessity defense is a conjunctive one, a court may preclude invocation of the defense if 'proof is deficient with regard to any of the four elements.' Ds were found guilty and appealed.