SJC rules that 9/11 terrorism law applies to Marshfield teens

[Eugene]

Source: Boston Globe

Thursday, August 9, 2007

SJC rules that 9/11 terrorism law applies to Marshfield teens

By John R. Ellement, Globe Staff

In a key victory for Plymouth prosecutors, the state's
high court outlined today how a new law aimed at terrorist
conspiracies should apply to two teenagers charged with
plotting a Columbine-style attack on Marshfield High School
in 2004.

In a unanimous opinion, the Supreme Judicial Court said the
law was crafted to punish people who discuss violent attacks
on public places or against individuals. The SJC said for
someone to be convicted, prosecutors do not have to prove
that the intended target somehow learns about the attack.
The court said prosecutors cannot use evidence from co-
conspirators to prove their case, but can draw on witnesses
who learned about the threats. Today's ruling is believed to
be the first time the SJC provided guidance to judges on how
to interpret the five-year-old statute.

The decision stems from the prosecution of Tobin Kerns, who
is being tried in juvenile court, and Joseph Nee, who has
been charged as an adult. Both have pleaded not guilty.

Justice John M. Greaney noted in the decision he wrote on
behalf of the court that the law was passed one year after
the Sept. 11 terrorist attacks.

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