UW arson suspect takes stand to deny role in 2001 incident

Facing federal charges that could send her to prison for 35 years, Briana Waters took the stand in her own defense Wednesday, repeatedly denying that she took part in the 2001 torching of the University of Washington Center for Urban Horticulture.

In lengthy testimony, Waters acknowledged friendships with some of those accused of the Earth Liberation Front sabotage but said she never condoned arson or joined in the attack.

"I think it was very serious, and you know, unspeakably horrible for the people affected," Waters testified during the third week of the trial in U.S. District Court in Tacoma.

Waters, 32, is the first person to go to trial among the 18 men and women accused of participating in a militant cell that pulled off more than a dozen arsons between 1996 and 2001. All the others accused of taking part in the attacks have either fled or pleaded guilty rather than risk trials that could result in lengthier prison time. Alleged ringleader Bill Rodgers committed suicide in December 2005 after being taken into custody.

The UW arson was part of a "double-whammy" attack that included the burning of an Oregon poplar farm that same night.

The Earth Liberation Front had targeted the UW office of Toby Bradshaw, whom arsonists mistakenly believed was involved in genetically engineering poplar trees that would pollute natural forests. The center was severely damaged, and later was rebuilt at a cost of about $7 million.

On the witness stand, Waters spoke in a soft voice that sometimes sounded confident and sometimes strained.

Prosecutors contend the violin teacher and mother of a 3-year-old daughter was the lookout for a five-person team that set fire to the horticultural center in the predawn hours of May 21, 2001.

Waters acknowledged that Rodgers was a friend, for whom she once secured a cellphone under her own name. She also testified that Justin Soldondz, whom prosecutors also allege was involved in the arson plot, was a former boyfriend.

But Waters said she had no knowledge of the plot. She also said she didn't have any recollection of picking up a car that night that was rented by her cousin. Prosecutors say the arsonists drove from Olympia to UW in that car.

Waters' version of events contradicts testimony of two other women, Lacey Phillabaum and Jennifer Kolar, who both have pleaded guilty to participating in the arson. Both say Waters was part of the five-person team.

Earlier this month, Phillabaum testified that Waters had obtained the car for the group from a relative and that they both rode in the car to Seattle.

Defense attorneys have argued that both women are beholden to the prosecutors because they struck plea deals to avoid longer prison terms. Depending on the outcome of their trial testimony, Phillabaum faces a sentence of three to five years and Kolar five to seven years.

Defense attorneys also tried to erode Kolar's and Phillabaum's credibility by saying both had reasons to dislike Waters.

On Wednesday, Waters said she had once angrily accused Phillabaum of trying to steal away her then-boyfriend, Soldondz. Waters also said she had angered Kolar by rejecting her romantic advances.

Under cross-examination, federal prosecutor Mark Bartlett asked Waters if she was trying to imply to the jury that Kolar perjured herself because Waters has spurned her.

"I don't know why she is doing what she is doing," Waters said. "I think that she is probably very scared about life in prison. ... I couldn't speculate about why she did it. I don't know because I don't live inside her head."

During earlier testimony, Phillabaum and Kolar both gave accounts that contradicted Waters' and said they did not bear her ill will.

Defense attorneys have been frustrated with many of the rulings by U.S. District Judge Franklin Burgess.

At one point Wednesday, defense attorney Robert Bloom accused Burgess of "slamming on us, and not letting the jury hear the whole picture. I don't like it. It's not fair."

After that outburst, Burgess let Bloom read a paragraph to the jury from a defense brief that called the potential 35-year sentence "far outside the pale of humanness."

Hal Bernton: 206-464-2581 or hbernton@seattletimes.com