Vietnam War

Long Time Gone

After decades on the lam, a student anti-war protestor is busted.

Washington University student Howard Mechanic

A version of this story first appeared in the Riverfront Times, Feb. 16, 2000. Howard Mechanic was granted a pardon in January 2001 by out-going President Bill Clinton.

Penny Overton, a young reporter for the Scottsdale (Ariz.) Tribune, found it difficult to believe when Gary Tredway told her he was living under an assumed name. The confession came during her second encounter with the City Council candidate.

During her first interview with Tredway, Overton had told the candidate she would need to verify the information on his résumé and campaign literature. When she informed him of this standard practice, Tredway “started getting really nervous,” Overton says. The reporter tried to put Tredway, a well-known community activist, at ease by asking some softball questions about his family and education, but that only seemed to make the candidate more tense. “He was just sweating buckets the whole time,” she recalls.

After their first meeting, Tredway made repeated attempts to contact her, but Overton says she failed to return the calls because she was busy covering a high-profile murder case. When she finally met with Tredway a second time, on Feb. 3, he first told her that there was a discrepancy in his college transcripts. Overton took this to mean that he had embellished his academic record. But as the interview progressed, Tredway revealed a much darker secret. “Eventually it came out,” says Overton. “He just said, “I’m not Gary Tredway. I’ve been living under an assumed name.’ My response was “You’re bullshitting me,'” says Overton. “This guy is about as square as you can get. He’s a Boy Scout.”

Overton’s story saying that the City Council candidate had a false identity ran in the Tribune on Monday, Feb. 7. Within days, the intricately woven deception had all but unraveled. Tredway was revealed to be Howard Mechanic, a federal fugitive wanted for his involvement in a turbulent demonstration that occurred at Washington University in 1970.

Mechanic, then a 22-year-old student, was convicted on federal charges for throwing a cherry bomb — a powerful firecracker — at firefighters who were attempting to extinguish a fire at the campus Air Force Reserve Officers’ Training Corps (ROTC) building. His life story is now the subject of a podcast titled My Fugitive by George Washington University professor Nina Seavey. Seavey, who grew up in University City, became interested in the case because her father Louis Gilden was Mechanic’s defense attorney.

Originally conceived as a documentary film, Seavey uses Mechanic’s plight to delve into the student-led anti-war movement of the 1960s and 1970s, placing the onus for the repressive measures used against protestors on the federal government and its intelligence apparatus, specifically the FBI. Her research partner in this project was Jeffrey Light, a Washington D.C.-based civil rights attorney, who is an expert in filing Freedom of Information Act requests.

Seavey stepped down as the founding director of George Washington University’s Documentary Center last year after 30 years. Her documentaries and those of her students have themselves received funding from the federal government through the U.S. State Department and U.S. Agency for International Development. She started her career as a political appointee to the U.S. Defense Department during the Carter administration.

The torching of the ROTC building on the Washington University campus in St. Louis, which was carried out by anti-Vietnam War protesters, occurred just after midnight on May 5, 1970, and was precipitated by the killing of four student protesters at Kent State University by Ohio National Guardsmen the previous day.

For Mechanic — a native of Shaker Heights, Ohio — the war in Vietnam had come home: Soldiers were killing students on campus in broad daylight. Although thousands of students cheered as the flames consumed the Air Force ROTC building, no one was ever charged with the arson. But Mechanic was one of the few charged for participating in the demonstration. Upon Mechanic’s conviction by a jury, Judge James H. Meredith — known for his tough law-and-order approach — gave him the maximum sentence of five years in prison and a $10,000 fine. After he lost his appeal in 1972, Mechanic jumped bail.

Mechanic lived with his secret for the next 28 years, settling in the early 1980s in Scottsdale, where he established an identity as Tredway, an apartment owner, health-food supplier and concerned citizen. While living in Arizona, Mechanic married and divorced under his assumed name and raised a son, who is now a 19-year-old student at a college in New Mexico. Mechanic’s twin brother, Harvey, a lawyer in Los Angeles, has refused to say whether he was contacted by his sibling during his fugitive years. Attempts to reach Mechanic’s father, who still lives in the Cleveland area, were unsuccessful.

Mechanic, who is now in federal custody in Arizona, declined through a spokesperson to be interviewed for this story. He has hired attorneys in Scottsdale and St. Louis, who have in turn retained a PR consultant to handle calls from the press. In addition, a Phoenix-area support group has been formed to lobby for Mechanic’s exoneration on the basis of the exemplary life he has led. The ranks of his defenders include the Arizona chapter of Common Cause, a citizens-advocacy organization, which lauds Mechanic for working to pass a campaign-finance reform law. .

Mechanic’s political activism spurred him to run for local office under his assumed name.

Mechanic, the idealistic student radical, still inhabited the body of this middle-aged Arizona landlord, and it only took a little coaxing by Overton to flush it all out. When the reporter, who was a toddler in 1970, began questioning the candidate about his past, she may have gained his confidence because of her knowledge of history. “I think he told me because we talked about the whole ’60s thing,” she says. When Mechanic said she wouldn’t understand his plight, Overton told him that she had done a college thesis in American studies on how the media covered the Kent State massacre.

The long-kept secret had been exposed. Wire services and the Arizona Republic picked up on the story and the pieces of a long-forgotten footnote to the Vietnam War era were broadcast nationwide, rekindling a discussion about the anti-war protests and whether Mechanic still deserves to go to prison.

One of those most directly affected by Mechanic’s flight in 1972 was Washington University English professor Carter Revard, who put up his house to secure Mechanic’s $10,000 bail. Although he still faults Mechanic for skipping out, the now-retired academic saves his harshest criticism for “the lying scoundrels and ideologues” — those who used the legal system to help dictate American foreign policy.

“My view is that they wanted to give (Mechanic) five years in jail for throwing a cherry bomb, while they were giving Medals of Honor to people who were dropping cluster bombs and napalm on Vietnamese children,” says Revard. “I thought that it was an outrage then, and I think now that it’s an outrage.”

Despite growing opposition to the Vietnam War, President Richard Milhous Nixon stunned Americans by announcing on April 30, 1970, that U.S. forces had invaded Cambodia. Within minutes, anti-war activists took to the streets, and within days more than 60 colleges had been shut down by student strikes. On May 4, at Kent State University, Ohio National Guardsmen fired more than 60 rounds into a crowd of 200 students, wounding nine and killing four. At Jackson State University in Mississippi, state troopers fired more than 300 bullets into a dormitory, killing two students and wounding 12 others. Students reacted by attacking and damaging ROTC buildings at more than 30 colleges across the country. One of those schools was Washington University. Incensed by the Kent State killings, as many as 3,000 students attended a May 4 strike rally held in the university’s quadrangle. The crowd then marched on the Air Force ROTC building. The military presence on campus had long been the focus of student protests, but nothing matched the fervor exhibited that night.

Around 12:30 a.m., several of the demonstrators entered the ROTC center with torches and set the building on fire. When firefighters arrived, the mob jeered and pelted them with rocks. Although more than 1,000 people were estimated to have taken part in the violence, only seven were charged. But it was no accident that Mechanic was one of the seven.

Long before the police busted him for throwing a cherry bomb, Mechanic had been targeted by the judicial system and police.

His name is listed in a 1970 congressional report as being among those St. Louisans suspected of traveling to Chicago in October 1969 to take part in an anti-war demonstration called the Days of Rage. The protest turned violent and resulted in massive property damage in downtown Chicago. Six protesters were shot by Chicago police, and more than two dozen cops were injured. The FBI’s target in this case was the sponsor of the protest, the Weathermen, a radical faction of the Students for a Democratic Society (SDS). The Weathermen took their name from the lyrics of a Bob Dylan song, “Subterranean Homesick Blues.”

Other congressional testimony in 1969 shows that the St. Louis Police Department had been monitoring student politics at Washington University long before Mechanic ever enrolled at the university, using informants to spy on left-wing student organizations. Police estimated the ranks of the university’s SDS chapter at no more than 20. Although Mechanic was not linked directly to SDS in the testimony, he was alleged to be a close associate of an SDS member who led a local draft-resistance group.

An earlier fire that gutted the Army ROTC headquarters in the spring semester of 1970, combined with other campus unrest, resulted in a crackdown by the university administration. The university obtained a court order naming Mechanic and six other student demonstrators, including SDS organizer Terry Koch and Devereaux Kennedy, former student-body president. The broad injunction, signed by St. Louis County Circuit Judge George E. Schaaf on March 24, 1970, identified the seven protesters as representatives of a “whole class of defendants” and thereby made them accountable for any future disturbances on campus.

Within hours of the May 4 and 5 rioting, deputized campus police arrested Mechanic. He and other participants in the demonstration had been identified from St. Louis Post-Dispatch photographs surrendered by the newspaper to the FBI. Less than a month later, Schaaf found seven defendants guilty of criminal contempt for violating the restraining order. Mechanic and Koch received the stiffest sentences — six months in jail and $500 fines. But Mechanic’s legal problems were just beginning. The feds were after him for the same crime. In October 1970, Mechanic became the first person convicted by a federal jury of violating the anti-riot law, which had been tacked on as a rider to the Civil Rights Act of 1968. Interfering with the duties of firefighters was deemed a federal offense because the Air Force ROTC building was considered federal property. Judge Meredith meted out the maximum sentence — five years in prison and a $10,000 fine.

Mechanic appealed, unsuccessfully. In upholding the conviction in Dec. 1971, the 8th Circuit Court of Appeals expressed reservations about Mechanic’s being tried both in state and federal court for different charges stemming from the same offense. But the possibility that Mechanic had been subjected to double jeopardy wasn’t enough to cause the conviction to be set aside, the appeals court ruled.

“They were trying to get anybody who they thought was a student leader — anybody who they thought was fomenting demonstrations. They had Howard down as one of those guys,” says Revard, the English professor who put his house up as collateral for Mechanic’s $10,000 bond. When Mechanic didn’t show up to begin serving his sentence on May 24, 1972, Meredith started forfeiture proceedings. Revard relied on contributions from fellow faculty members to pay off the bond.

Unlike Mechanic, Napoleon Bland didn’t avoid incarceration. Bland, now a Muslim who has changed his name to Napoleon A. Rahim, ended up serving four-and-half years in federal prison for his part in the disturbance. In 1970, Rahim worked at Barnes Hospital and attended Washington University part-time. As a youth, he took an active interest in the civil-rights movement and in Urban League and NAACP-sponsored activities, and, for a brief period, he belonged to the militant Black Liberators group. In the wake of the Kent State massacre, he found himself swept up in the fiery protest that erupted at Washington University.

“I was one of the few African-Americans who was caught up in this melee,” says Rahim. “All I did was go down there and throw rocks and cans at the ROTC building. When they went into the building, I ran up to the building. A fellow came out and handed me a flag,” says Rahim. “The next thing I know, he was torching it. They got a picture of me. They said I burned the flag.”

Rahim says he received ineffectual legal representation and ended up serving his time at a federal prison in Terre Haute, Ind. His prison record has haunted him ever since. “Every time that comes up, (it) seems to hold a shadow over me, as if it’s something recent. I felt that it was a great miscarriage of justice,” says Rahim, but he doesn’t hold a grudge against Mechanic for fleeing. “I’m a Muslim now, and we don’t live in the past.”

Rahim says Mechanic appears to have led an honorable life as Gary Tredway. “I feel it’s a great miscarriage of justice to even think about putting him in jail, due to the fact he’s done so much great community work where he’s been at,” he says.

It’s a view shared by Mechanic’s supporters in Phoenix. They argue that he has suffered enough and more than paid for his crime by committing himself through dedication to the community in which he lives. Others aren’t so willing to forgive and forget. One of them is retired Special Agent J. Wallace LaPrade, who headed the St. Louis FBI office in 1970. “I think he violated the law, and I think he should be held accountable,” says LaPrade, 73, who now lives in Virginia. “The fact that he left, I think, should increase the punishment that was rendered at the time that he fled. Leniency? Absolutely not. This individual committed a crime. He was convicted of a crime. And he should pay for the crime.”

LaPrade, who moved to New York City in 1971 to head the bureau’s largest field office, ironically saw his own career abruptly end, thanks to his activities fighting the anti-war movement. He was sacked as assistant director of the FBI in 1978 for failing to cooperate in the Justice Department’s investigation into the FBI’s illegal activities. The FBI was accused of burglarizing private residences and offices as part of its efforts to apprehend fugitive members of the Weather Underground.

After the burning of the ROTC building in 1970, a declassified FBI memo shows, LaPrade was contacted by an unidentified intermediary who had won union support to “repair all the damages caused by the (Washington University) demonstrators at no cost to the government.” According to the memo, the plan was designed to garner “considerable publicity … (and) Life magazine is among the members of the news media who have expressed an interest in this matter…. ” Asked this week about the memo, LaPrade says, “I never heard of such a thing.”

Washington University, however, elected to move the controversial ROTC program off-campus, and the public-relations effort flopped.

The FBI’s local efforts were not always so benign. In 1975, the U.S. Senate Select Committee on Intelligence revealed that the St. Louis field office had sent anonymous letters in 1969 and 1970 to two black-militant organizations in an attempt to disrupt those groups’ activities by alleging marital infidelity among members.

The FBI’s efforts to smash the Weathermen took on added purpose in March 1970, when the group’s bomb-making efforts backfired, killing three members of the organization at a safe house in Greenwich Village. Subsequently, the Weather Underground carried out scores of bombing against targets such as Harvard University, the New York City Police headquarters, the offices of Gulf Oil, the U.S. Capitol Building and the Pentagon.

In 1971, a final attempt was made to destroy Washington University’s ROTC offices, which had been moved off-campus. That year, William Danforth was named the university’s chancellor, succeeding the beleaguered Thomas H. Eliot, who had struggled with waves of campus unrest.

Under Danforth, Washington University’s reputation grew nationally, faculty members won Nobel Prizes and Pulitzer Prizes, and the university’s endowment grew 11-fold to more than $1.7 billion. Today, about 50 Wash. U. undergraduates are enrolled in ROTC. The turmoil of 1970 became a historical footnote, and Howard Mechanic was forgotten.

Danforth, now 73 and the university’s chairman emeritus, has few recollections of that period and offers no opinion about the fate of the former student who spent a lifetime on the run for throwing fireworks at firemen. During a phone interview Saturday morning, Danforth interrupts his reminiscences to make sure of the safety of his granddaughter, who has wandered into the street in front of his house. “I didn’t like the Vietnam War,” he says. “(But) I was in the Korean War and had a great sense of patriotism.” From his perspective, Danforth says, he could see both sides of the issue.

“Eventually things got worked out,” says Danforth.

Howard Mechanic, however, can’t say the same thing.

Making a Killing

Author Gerald Posner scores another bestseller, at the expense of historical accuracy

The wreckage of John Paul Spica’s Cadillac outside his Richmond Heights apartment on Nov. 8, 1979. The previous year Spica gave closed-door testimony to the House committee inquiry into the murder of the Rev. Martin Luther King Jr. Spica’s testimony remains sealed until 2027.( Photo by Jim Rackwitz.)

first published in the Riverfront Times (St. Louis) May 20, 1998

BY C.D. STELZER

In the final chapter of Killing the Dream, Gerald Posner takes the reader inside of the mind of James Earl Ray, the convicted assassin of the Rev. Martin Luther King Jr. This is no small trick considering the author never interviewed Ray, who died shortly after publication of the book in April.

Nevertheless, reviewers have lauded the tome. Anthony Lewis of the New York Times calls it “a model of investigation, meticulous in its discovery and presentation of evidence, unbiased in its exploration of every claim.” The august newspaper columnist is too kind.

In his acknowledgments, Posner himself confesses to succumbing to deadline pressure, spurred no doubt by the publisher, Random House, which opportunely released the book on April 4, the 30th anniversary of the assassination.

To finish his assignment on time, Posner relied heavily on the works of two other authors who have previously written books on the King assassination: William Bradford Huie and George McMillan. Both writers assumed Ray’s guilt. Posner sews their narratives together, patching tatters and frayed edges with suppositions, taking verbal potshots at the convicted murderer whenever possible, repeatedly condemning him for being an ignorant, genetically inferior racist from “the backwaters of Missouri.”

In between personal attacks, Posner refutes, with seeming aplomb, Ray’s alibi, which revolves around being a patsy for Rauol, a mysterious smuggler. Posner then sets about trashing the credibility of all other conspiracy theories concerning the murder of the civil rights leader. He ends by reiterating his foregone conclusion: “There is no doubt that James Earl Ray shot and killed Martin Luther King.”

It is a formula that has proven successful for the author in the past. Case Closed , his 1993 best-seller, sided with the Warren Commission’s questionable conclusion that Lee Harvey Oswald acted alone in the assassination of President John F. Kennedy.

But under scrutiny, Posner’s case against Ray is marred by factual errors and omissions. For instance, he refers to the car-bombing death of John Paul Spica as occurring in the “St. Louis suburb of Richmond.” He further states that the “possibility of learning more from Spica ended” with the explosion.

Posner is wrong on both counts. In reality, Spica, a St. Louis Mafioso, was killed outside his Claytonia Terrace apartment in Richmond Heights. His murder has been attributed to feuding underworld factions vying for control of a labor union here. Before his death, however, he testified in executive session before the House Select Committee on Assassinations (HSCA) in 1978. Spica’s testimony remains sealed under the terms of a congressional edict until 2027. Unsealing these transcripts could yet provide information relevant to the case.

In another instance, Posner refers to the Phoenix Program as a “government campaign against the anti-war movement.” In reality, the Phoenix Program was a CIA-sponsored operation that hunted down and killed suspected communist sympathizers in South Vietnam, during the Vietnam War. After the war, congressional investigators conservatively estimated that more than 20,000 civilians were murdered as a part of the pogrom, which used a computer database to track its targets. Some conspiracy theorists have postulated that a similar operation could have been employed domestically.

Of course, Posner pooh-poohs the possibility of any military or intelligence involvement in the assassination of King. Instead, he holds to a simpler conspiracy theory advanced by the HSCA in 1978. According to the HSCA’s final report, Ray may have received word of an alleged $50,000 bounty on King’s life offered by two St. Louis supporters of segregationist George Wallace.

The problem with confirming this convenient theory is that both men were dead by 1978. Moreover, Russell G. Byers, the HSCA witness, who claimed he received the murder contract, was a suspect in a notorious St. Louis Art Museum burglary that year. Posner conveniently leaves this last detail out of his book, choosing instead to accept the HSCA findings without qualification.

If there is indeed a connection to be made, the motive behind these shadowy associations may have more to do with drug dealing than racist politics. During the mid-1960s, Byers busied himself chopping stolen cars at the Bluff Acres Motel in the burg of Barnhart in then-rural Jefferson County, Mo. While Byers ran the car theft ring, John R. Kauffmann, the motel owner, engaged in other illegal activities. On April 4, 1967, Kauffmann and six others who frequented the site were arrested for the sale of 725,000 pharmaceutical-grade amphetamines pills. Kauffmann just happened to be one of the two men who Byers’ claimed had asked him to kill King.

Meanwhile, Spica — Byers’ brother-in-law — shared the same cell block with Ray at the Missouri Penitentiary. For a while, they worked in the prison hospital together. Hugh W. Maxey, the prison doctor, even granted Spica weekend furloughs to visit a mutual acquaintance — Kauffmann — in Jefferson County. Spica, a convicted murderer, was released on his own recognizance. More curious is the fact that within a couple of weeks of Kauffmann’s drug bust, Ray managed to escape.

Ray’s escape was engineered with the help of a guard, who was part of another drug smuggling ring at the prison, according to John Ray, the brother of James Earl Ray. In an interview last year, John Ray told me that he had acted as an outside drug courier for inmate Carl Drake, during his brother’s incarceration. After James Earl Ray’s prison break, John Ray says he drove his brother back to St. Louis. When they arrived, the two brothers didn’t meet with any George Wallace supporters. Instead, John Ray says they immediately contacted Joe Burnett, a hitman and heroin addict.

Posner fails to report any of this.

Not Your Mother’s RFT

The St. Louis alternative weekly newspaper that prides itself for being progressive has bedded down with a Wall Street sugar daddy and a Pentagon contractor.

Neil Barsky Occupies This.

The July 29 edition of the Riverfront Times featured a cover story that focused on the wrongful death of a young man in a rural Missouri jail. It was a well-reported story, and it had all the hallmarks of the kind of advocacy journalism that the newspaper has supported since its inception.  But there was one difference.

The RFT did not generate the story.

Instead, the story was commissioned by the Marshall Project, a non-profit corporation founded by former Wall Street hedge fund tycoon Neil Barsky. After Barsky’s shaky hedge fund empire crashed and burned in 2008, the former Wall Street Journal reporter experienced a life-altering  conversion: He became a social justice crusader, or at least that’s the established narrative.

The Marshall Project, which draws public attention to abuses within the criminal justice system, is bankrolled through the generosity of various wealthy individuals and corporate foundations — that thrive on America’s continued inequities, including the CIA-connected Ford Foundation, George Soros’ Open Society Foundations and Barsky himself.

Neil Barsky, Wall Street’s caped crusader.

The Marshall Project’s board of advisors includes philanthropic honchos, silk-stocking lawyers and investment bankers. One advisor, for example, is an exec who works at the Blackstone Group, the financial behemoth that holds a five percent share in Republic Services, the waste hauler that owns the radioactively-contaminated West Lake Landfill in St. Louis County.

Besides the Wall Street largess, the RFT is now accepting at least a small amount of advertising dollars from a Pentagon contractor.

A want ad for RiverTech, an Air Force contractor that has recently set up shop at nearby Scott Air Force Base, appears in the lower left-hand corner of page 7 of the same issue of the Riverfront Times, directly below an advertisement for the online edition of the newspaper itself. The top half of the same page featured a column by Ray Hartmann,  the newspaper’s founder, who cranked out the publication’s first edition in 1977.

 

 

RiverTech, an Air Force contractor, is looking for a few good men or women to support its military mission.

Back in those days, taking Pentagon dollars would have been considered a betrayal of the principles of the left-leaning alternative press that was borne out of the tumultuous anti-war movement of the 1960s and the muckraking of the Watergate era.

But times have changed.

RiverTech is a subsidiary of Akima, whose parent corporation is the NANA Regional Corp., which is owned by Alaskan Native Americans. Under Small Business Administration regulations NANA’s subsidiaries are eligible to obtain limitless no-bid federal contracts.

Hartmann, who sold the RFT in 1998, came back last year and began writing a weekly commentary for the latest owners, Euclid Media Group of Cleveland.

Under the Radar

East Side player Gary Fears and his diverse business associates are betting that his military aviation business finally takes off. Whether it will fly is still up in the air.

By C.D. Stelzer

First published at focusmidwest.com in May 2010.

 

“It’s interesting that the guys who came here to help move the plane actually were Russian nationals,” says Cheryl Hill, a prosecutor in Marquette, Michigan.

Hill is referring to a gargantuan Soviet military aircraft worth millions of dollars that has been stranded for the better part of the last year at a former U.S. Air Force Strategic Air Command base in the Upper Peninsula of Michigan.

Gary Fears’ Ilyushin IL-78.

The spring thaw has melted the snow that accumulated around the aircraft over the winter, but mysteries surrounding its presence at Sawyer International Airport remain.

A fuel-leaking Cold War relic, the 94-ton behemoth has been the subject of both curiosity and consternation in Marquette since it touched down in July. Almost immediately, five members of the Ilyushin IL-78’s nine-man Ukrainian crew were deported for visa violations.

Hill, the local official charged with interim custody of the plane, recalls that one of the foreign-born aviators dispatched by the U.S. Customs Service to move the plane off the runway told her that he had flown the same aircraft during the Soviet Union’s war in Afghanistan in the 1980s. She mentions the coincidence as an aside, her prosecutorial inquisitiveness piqued more by the plane’s flight plan from last summer.

“I think that the more interesting question is, what were they going to do with it in Pakistan?” Hill says. “Were they running guns? Were they running drugs? Were they running people? You could drive tanks in there.”

The prosecutor’s suspicions raise a litany of other issues regarding accountability and transparency in the increasingly privatized war on terror, including the extent of U.S. military intelligence involvement, the veil of secrecy enveloping de facto covert operations, the purposes of such clandestine actions and who ultimately is profiting from the expansion of the wars now being waged in Afghanistan and Pakistan.

The covert nature of the aircraft’s mission and those involved in carrying it out would never have come to light if not for a dispute over a maintenance bill.

Victor Miller, owner of Air 1 Flight Services of Sherman, Texas, filed suit against Air Support Systems LLC in June 2009, alleging that the company owed more than $70,000 in maintenance fees accrued during the two-anda-half years the plane was mothballed at the North Texas Regional Airport. After the Ukrainian crew took off with the plane the next month, it was grounded in Michigan, as a result of a restraining order, before it could leave U.S. airspace.

The registered owner of the plane is Gary R. Fears, a former Downstate Illinois powerbroker who now resides in South Florida. Fears dismisses the imbroglio over the plane as much ado about nothing.

“The whole thing was a huge misunderstanding,” says the 63-year-old Fears, who maintains his corporate address at his lawyer’s office in St. Louis County, Missouri.

Gary Fears

The leaseholder of the plane is North American Tactical Aviation Inc. (NATA), a corporation with the same Wilmington, Delaware, address as Air Support Systems LLC, a Fears-owned company with one asset: the grounded plane. That the corporations share the same Delaware incorporation address could easily be attributed to coincidence, but bankruptcy records filed on behalf of Air Support Systems in St. Louis last fall provide more details as to who invested money in the aircraft or lent money for its purchase.

The outstanding creditors listed in the filing include a private mercenary group, a shadowy front company in Gibraltar and an Illinois gambling executive with alleged ties to the Chicago mob. On October 23, a judge in Marquette County, Michigan, ruled in Miller’s favor and awarded him the plane as payment for the unpaid debt. To prevent the tanker from being taken, Fears countered by filing for Chapter 11 protection for Air Support Systems on October 28 in federal bankruptcy court in St. Louis.

“That stayed all of the action,” says Hill, the Marquette County prosecutor. On Dec. 17, Fears reversed his legal strategy and had his St. Louis bankruptcy attorney dismiss the case he had filed less than two months earlier. In March, the Michigan court’s ruling was upheld.

The decision is the latest twist in the bizarre legal dispute. The latest Michigan court ruling follows a decision by the Department of Homeland Security to release the plane. Miller could not be reached for comment, but Fears maintains that he is still the legitimate owner.

Buying a foreign military aircraft is not like other business transactions. Before Fears could get his hands on the IL-78, the federal government had to allow its importation. North American Tactical Aviation, the shadowy corporation that leased the plane from Fears after he purchased it, initially obtained permission to bring the plane to the United States. It is also the company involved in the failed effort to fly the plane to Pakistan last summer.

“I’m told that NATA [North American Tactical Aviation] had a contract to take the plane to Pakistan in support of the allied efforts there,” Fears says. He emphasizes that the mission had been officially sanctioned. “We bought the plane from the Ukrainian government. The Air Force wrote a letter in support of the importation of it, saying they thought the plane had potential use in support of U.S. training requirements. The refueling system on that airplane is common to many, many other countries.

“I view it as a logical and good thing to support the [war] effort,” says Fears. “It’s not to say that I agree politically with all efforts. I thought the Iraq war had a noble purpose and was grossly mishandled by the Bush administration, billions of dollars and thousands of American lives wasted. It was as bad as Vietnam in terms of misuse of assets. I view Afghanistan as far more complicated a question than Iraq, and I don’t know what the right answers are there. I’m glad I’m not the guy making the decisions.”

Strange bedfellows

Nevertheless, while the wars rage on, Fears views the purchase of the Ukrainian military aircraft as a pragmatic business choice and sound investment. Though he says that the plane was a one-time deal and that he is not a broker of military hardware, records related to his abortive bankruptcy filing on behalf of Air Support Systems show that his acquisition of the plane was not carried out alone. Fears received venture capital from an international security firm operated by former high-ranking military officials. The records show that Trident Response Group of Dallas sank more than $2.5 million into Air Support Systems for the purchase of “future aircraft” on December 5, 2005. The Federal Aviation Administration issued Air Support Systems a certificate of registration for the IL-78 nine months later.

Clint Bruce

Former Navy SEAL Clint Bruce, a graduate of the U.S. Naval Academy, and businessman C. Dewey Elliott III founded TRG. Bruce is lauded on the Trident website as a past commander of SEAL platoons “engaged in direct support of the Global War on Terror.” Elliott, a fellow Annapolis alum, is listed as having been a “senior consultant with Washington and Boston-based firms where he supported intelligence, systems acquisitions and financial management for DoD [Department of Defense], Fortune 500 and multi-national clients.” The website shows Lt. Col. John B. Skinner III, an active Marine Corps Reserve officer, as TRG’s vice president of operations. The board of directors includes retired Marine Corps Gen. Jack Davis, a former federal agent and state law enforcement officer; and John W. Wroten, a Naval Academy grad, former Marine captain and retired vice president of Electronic Data Systems.

The involvement of former Navy personnel in backing the purchase of a military aircraft seems normal enough, but the other creditors come from widely divergent backgrounds.

Russell DeLeon

For instance, Headlands Ltd., a front company in Gibraltar, has more than $1.1 million tied up in the IL-78, according to the bankruptcy filing, By no small coincidence, Headlands’ address is in the same location as a mail drop for Russell De Leon. He is the husband of Ruth Parasol, the founder of PartyGaming, an online gambling company that has employed Fears’ lobbying services. Together De Leon and Parasol own 40 percent of PartyGaming. They reside in Gibraltar.

Parasol, who grew up in affluent Marin County, Calif., founded PartyGaming with profits from her family’s pornography business. Her father, Richard Parasol, a Holocaust survivor and former Israeli Army officer, opened a string of massage parlors in San Francisco’s Tenderloin district in the early 1970s. After graduating from law school, Ruth Parasol joined the family business, which by then was operating phone sex chat lines. The father and daughter then diversified, investing in Internet Entertainment Group Ltd., an online pornography company. In 1997 Ruth Parasol shifted her interests exclusively to online gambling, which proved even more profitable than the sex trade.

Robert Kjellander

Robert Kjellander

But after President George W. Bush signed a law banning online gambling in 2006, Internet gaming profits took a nosedive. In response, PartyGaming hired Avatar Enterprises Inc., Fears’ lobbying firm. Lobbying records show that Avatar used influential Republican and Democratic lobbyists to work on PartyGaming’s efforts to lift the ban. The Republican, Robert Kjellander, an Illinois lobbyist and former GOP national treasurer, is a close confidante of former White House adviser Karl Rove. The Democrat, Steven Schwadron, is a former chief of staff for Rep. Bill Delahunt of Massachusetts.

Congressional lobbying records show Schwadron represented Avatar on two legislative issues: Internet gaming and “legislation relating to wildfire prevention and suppression.”

Aside from being a midair refueling tanker, the IL-78 is touted by both Fears and NATA as a superb firefighting aircraft.

Fears says there is nothing mysterious about his business relationship with either Kjellander or Schwadron. “I knew Bob (Kjellander) from Springfield years ago, [and] Steve works for a law firm I use in D.C.,” says Fears. “Neither one of them are partners in Avatar. If someone is giving you advice … on the project, then better to be safe than sorry — you register them as having worked on that as well.”

The other major creditor of Air Support Systems is Chicago businessman Kevin Flynn, a casino executive and former gaming partner of Fears. The bankruptcy filing shows that in April 2008 Flynn secured a $1.3 million interest in the IL-78. Fears and Flynn crossed paths years earlier, when Flynn operated the Blue Chip Casino in Indiana. The two were later involved in a failed Indian casino development in California.

In 2001, the Illinois Gaming Board yanked Flynn’s long-dormant state license because two of his investors allegedly had ties to the Chicago mob.

At the time of the revocation, Flynn and his father, Donald Flynn, a former executive of Waste Management Inc., were seeking to transfer their existing gaming license from the shuttered Silver Eagle casino in East Dubuque, Illinois, so they could operate the proposed Emerald Casino in Rosemont, a Chicago suburb. Investors in the casino deal included a lineup of heavy hitters, including associates of Chicago Mayor Richard Daley.

But the state gaming board pulled the Flynns’ license because investors Nick Boscarino and Joseph Salamone were alleged to have ties to organized crime. Salamone, an Oak Park grocer, is the brother of Vito Salamone, a mob soldier who had originally been listed as a casino shareholder. Boscarino is a former Teamster official with close ties to Rosemont Mayor Donald E. Stephens. Boscarino and Stephens once owned a forklift rental company along with organized crime figure William Daddano Jr. The gaming board also cited Emerald for hiring a construction company owned by the wife of Peter M. DiFronzo, the brother of Chicago mob boss John “No Nose” DiFronzo.

The gaming board concluded that Flynn had displayed a “contentious pattern … of providing misleading information to the board and its staff.” “Other than his disagreement with the Illinois Gaming Board,” says Fears, “I don’t know any infraction of any kind that Kevin [Flynn] has ever been involved in.”

Grounded

The story of how Fears and his odd cast of creditors ended up with a grounded Ukrainian behemoth leaking fuel on the tarmac of an isolated airstrip in the Upper Peninsula of Michigan began four years ago.

The IL-78, which was formerly owned by the Ukrainian Air Force, departed Kiev on May 23, 2006, according to flight records. It refueled in Reykjavik, Iceland, before landing the next day at the North Texas Regional Airport, formerly Perrin Air Force Base, in Sherman, Texas. Tactical Air Defense Services, a private military-related start-up company formed by Fears, ran the operational arm of its enterprise at the airport, says retired U.S. Air Force Gen. Charles Searock.

“It was, at the time, the location of a training school wherein we were going to train foreign pilots,” says Searock, a seasoned combat pilot who flew more than 150 B-52 missions during the Vietnam War. The principal officers of TADS, Victor Miller and Mark Daniels, had signed up Searock to oversee the International Tactical Training Center, an ambitious program aimed at providing flight training for NATO pilots and others. Miller also owned and operated Air 1 Flight Services, an aviation maintenance service, at the same airport.

Neither Miller or Daniels could be reached for comment, but a lawsuit filed by the two men last year in Palm Beach County (Florida) Circuit Court provides a glimpse of what apparently transpired.

In March 2005, according to the suit, Fears and a group of Florida investors approached Miller and Daniels to offer financing for their company AeroGroup Inc., a Utah-incorporated military flight training contractor. At that time, AeroGroup had a pending contract to buy the IL-78 and other foreign military aircraft from NATA.

Fears and the other investors claimed that they had obtained control of a publicly traded Nevada mining company, Natalma Industries Inc., and intended to change its name to Tactical Air Defense Services Inc. The intended purpose of the newly formed entity was to raise tens of millions of dollars to bankroll the purchase of assets on behalf of AeroGroup, specifically to buy the IL-78, according to the lawsuit. Toward these ends, Fears solicited start-up capital from Jeff Horan of JT Hanco, according to the lawsuit.

However, the suit claims, instead of backing AeroGroup Fears diverted funds to set up Air Support Systems, which then bought the IL-78 for itself. In Air Support’s 2009 bankruptcy filing, Horan’s name is listed with Trident Response Group, the Dallas-based security firm, as having invested more than $2.5 million in the IL-78.

Miller and Daniels further alleged that when TADS purchased AeroGroup’s assets in 2006 the Florida investors were still contending that tens of millions of dollars would soon be available. A TADS prospectus states that the company was angling to team up with an unnamed competitor [NATA] to provide combat and midair refueling training with the IL-78 and other foreign aircraft. “We have a good chance of being awarded the contract,” the TADS document says.

But the deal never materialized.

“This whole thing was predicated on Air Force contracts that were being negotiated by Mr. Mark Daniels,” says Searock. The contracts, however, were never finalized. As a result, “when they went public with TADS it did not generate the income or the investors as they anticipated,” Searock says.

From Searock’s perspective, everything seemed to be on the level. “We would meet quarterly, sometimes more often, with Mr. Fears and the guys from Florida,” he recalls. “We met in Florida. We met a couple times in Dallas, as he was passing through, and a couple times he came to Sherman. I had no problem with him. We were involved in a lot of different things, including the tanker. There was no reason for me to suspect that these guys weren’t on the up-and-up, if they poured $5 or $6 million into getting this airplane [the IL-78] and having it totally refurbished and delivered. That was an expensive scheme, if it was a scheme.”

But Searock became disenchanted with his employers after he says he shelled out his own cash to cover operating expenses and wasn’t reimbursed. He resigned from his position at the end of 2006 and sued TADS and all of the principal players, including Fears, for back pay.

Miller and Daniels dropped their Florida lawsuit in April 2009 after reaching a settlement agreement with Fears and other investors. As owner of Air 1 Flight Services, however, Miller placed a lien for unpaid service costs on the IL-78 in Texas in June 2009.

Shortly before noon on July 17, 2009, a nine-member Ukrainian crew hired by NATA boarded the IL-78 and took off from North Texas Regional Airport. The flight plan called for the craft to refuel at Wittman Regional Airport, in Oshkosh, Wis., before leaving U.S. airspace and heading to Pakistan. Alerted to the plane’s departure, Miller filed a restraining order, and the plane was diverted to Sawyer International Airport, in Gwinn, Mich., where it has been stranded ever since as a result of litigation.

Despite the Michigan court ruling that favors Miller’s cause, Fears doesn’t believe that the lawsuit has any more validity than the earlier case filed in Florida that Miller and his partner chose not to pursue.

“Air Support Systems owns the plane. It’s registered with the FAA,” says Fears. “The whole thing was a huge misunderstanding and blown out of proportion by the press. Victor Miller and those guys checked with the FAA, found where the plane was at and called the local authorities and said, ‘They have left in violation of a court order.’” But Fears says there’s one problem with that allegation: “ NATA was never served with that court order.”

Fears says Miller’s aviation firm, Air 1 Flight Services, has been out of business for two years. “I can show you the agreement that Victor Miller signed and the release on the lien that shows those bills’ being paid,” says Fears. “It was a phony claim by a company that didn’t exist.

“This is a military aircraft — and it is going over to support the U.S. Air Force allied efforts over there [Afghanistan-Pakistan].”

In 1968, as a young man, Fears stumped for Democratic presidential candidate U.S. Sen. Eugene McCarthy of Wisconsin, who campaigned against the Vietnam War. Today, more than four decades later, he appears comfortable with the concept of profiting from warfare. When asked about his role as a modern day privateer, he paraphrases President George W. Bush’s first secretary of defense: “I think maybe it was [Donald] Rumsfeld who said, ‘If it’s not firing a gun, we should look at privatizing it.’”

Asked whether his activities are somehow involved with covert CIA operations, Fears laughs. “Not that I’m aware of,” he says. “I wish there was something that exciting to all this stuff that I was a CIA guy, but that’s not the case.”

This special report was funded by a grant from the Press Club of Metropolitan St. Louis.

A Different Kind of Fire

 When Greenpeace chemist Pat Costner opposed the incinerator industry, someone incinerated her home

BY C.D. STELZER

first published in the Riverfront Times (St. Louis), July 22, 1994

There will be many questions asked this week, when the Second Citizens’ Conference on Dioxin convenes at Saint Louis University on Thursday.

The inquiring ranks at the four-day gathering will be comprised of more than 100 scientists, environmental activists, former Times Beach residents and Vietnam veterans exposed to Agent Orange. Big names like Retired Adm. Elmo Zumwalt Jr. and Barry Commoner, the former Washington University ecologist, are among the scheduled speakers.

Fewer people outside of the environmental movement may have heard of Pat Costner, but the 54-year-old chemist will also address the conference. Costner is the research director of Greenpeace’s U.S. Toxics Campaign. For the past eight years, she has been providing the technical answers that have stoked the environmental group’s fiery opposition to dioxin-generating incinerators.

The point at which science, politics and business intersect can be a volatile one. Costner, who lives near Eureka Springs,Ark., knows as much. She also knows there is no pat answer or formula that will reveal who torched her house on March 2, 1991.

“The night my house burned down, I went to town to visit a friend,” recalls Costner. “I came home and it was gone. It was burned totally to the ground. I can’t tell you how you feel at a time like that. I sat out here by myself, for I don’t know how long.”

The Arkansas Gazette reported that Costner’s “house was valued at $25,000, but only her computer equipment and office materials were insured.” But that’s not all that turned to ash.

“I probably had one of the larger technical libraries in the environmental movement,” Costner says. The irreplaceable books and technical papers took 30 years to accumulate and minutes to destroy. Costner’s will to employ her expertise remains un-singed. Her knowledge is based on years of experience within the industry she now opposes. Earlier in her career, the scientist worked for both Shell Oil and Arapaho Chemicals, a subsidiary of Syntex.

At the time of the blaze, Costner planned to publish a book based on five years of research into toxic waste incineration. Ironically, she had entitled her work Playing with Fire.

“We had arson investigators who said that my office burned at temperatures that were five or six times hotter than a normal house fire. They sent samples of the ash off to have it analyzed and found traces of an accelerant,” says Costner.

The evidence strongly suggests that her office and library were the targets of the arsonists. “It was a professional hit. It was not just somebody who wandered by with matches, says Sheila O’Donnell, a private investigator hired by Greenpeace.

The alleged attack against Costner is one of many acts of violence that may have been perpetrated against environmentalists in recent years. “I know that some of these attacks have been very well orchestrated,” says O’Donnell. The Center for Investigative Reporting has counted 124 credible cases in 31 states since 1988. Among them is the 1989 car bombing of Earth First! activists Darryl Cherney and Judi Bari in Oakland, Calif.

Costner estimates her efforts were instrumental in shutting down at least six hazardous waste incinerators in the year or so before her house burned. In most, if not all, of these cases, the Greenpeace scientist says she engaged in debates with incinerator proponents and government officials. In 1989, for example,Costner’s testimony helped block a multi million-dollar incinerator slated for the Kaw Indian reservation in Oklahoma. WasteTech, the proposed builder of the project, is a subsidiary of Amoco Oil, according to the San Francisco Bay Guardian.

Despite the personal set back, Costner has continued to fight the Vertac incinerator, an Environmental Protection Agency Superfund cleanup. The dioxin-contaminated waste at the Jacksonville, Ark. site was left over from the manufacture of Agent Orange, a defoliant used in the Vietnam War. The struggle by Costner and others to halt the burning of the waste has been supported by three decisions handed down by U.S. District Judge Stephen Reasoner. In each instance, however, the 8th Circuit Court of Appeals in St. Louis has overturned his rulings.

Although the arson case remains unsolved, O’Donnell’s investigation uncovered some interesting leads. “We located witnesses who said there had been three different incidences of thugs coming to town looking for Pat,” says O’Donnell. About six weeks before the fire, Costner says a local woman had warned that a man had inquired about her whereabouts. Two weeks later, customers at a Eureka Springs restaurant reportedly overheard Costner’s name come up in a conversation between two men. One of the strangers allegedly bragged of being trained at Quantico,Va., which is both the headquarters of the Marine Corps Combat Development Command and the FBI training center.

After the fire, Costner immediately pulled in a house trailer and set about having her home rebuilt. She makes no secret of where she lives. From St. Louis, head down I-44 to Springfield and veer onto U.S. 65. Keep driving past Branson. Past Andy William’s Pepsodent smile, past the other giant billboard images of Tony Orlando, Bobby Vinton, Wayne Newton and Mel Till-ill-is. Then head southwest across the Arkansas line,where straightaways are memories and the oak and hickory roots run deep under the roadbed. Outside of Eureka Springs, turn off Route 23, the faint gray line on the road map, and go down a dirt road a piece.

“I have 135 acres and I live plunk out in the middle of it.

“This is my home,” says Costner, as a rooster crows in the background. “I’ve lived here for 20 years. My children grew up here.”

She ain’t leavin’.