by John M. Curtis
(310) 204-8700

Copyright November 2, 2001
All Rights Reserved.

nly minutes after former Symbionese Liberation Army [SLA] radical Sara Jane Olson [formerly Kathleen Soliah] pled guilty in Judge Larry Paul Fidler’s courtroom, she stunned the press, recanting the plea bargain. “I pleaded to something of which I am not guilty,” said the community-minded 54-year-old mother of two teenage girls, suggesting that she was coerced into the agreement. Olson set the record straight, insisting that she accepted the plea bargain only because she couldn’t get a fair trial since the Sept. 11 terrorist attacks. She also stated that she did not plant any bombs or try to murder anyone, despite the LAPD finding bomb-making paraphernalia in her apartment back in 1976. Reacting to Olson’s public flip-flop, Judge Fidler called a special hearing to ascertain whether he should now rescind Olson’s plea agreement. “The purpose of the hearing is to inquire into the continuing validity of the plea, given Sara Jane Olson’s comments in the hallway after she had pleaded guilty,” said Superior Court spokesman Kyle Christopherson, spelling out the reasons behind Fidler’s unexpected move.

       Olson’s plea agreement, negotiated by the LA County District Attorney and her defense attorney Shawn Chapman, stipulated that Olson “is pleading guilty because she is in truth and in fact guilty,” not because she’s avoiding the crapshoot of going to trial or facing a longer sentence. With national publicity, Fidler appears to be grandstanding, taking the unusual—though legitimate—step of calling a special hearing. Under state law, Fidler has the right to invalidate Olson’s plea agreement and proceed to trial. “The prisons are filled with people proclaiming their innocence,” said Olson’s defense attorney Shawn Olson, puzzled at Fidler’s unorthodox reaction. Despite plea bargains, most convicted felons deny their guilt, leading some to question Fidler’s motives. While Olson and her attorney blamed her plea deal on 9/11, the reality is that the DA had convincing evidence. If the case were really all smoke, Olson’s attorney wouldn’t endorse the deal. Yet, shooting off her mouth immediately after entering her plea left Fidler annoyed and insecure.

       When Olson shot off her mouth, essentially calling his courtroom a mockery, Judge Fidler felt indicted. Because so many people watched, he didn’t want Olson to get the last word, leaving the enduring impression that plea bargains are phony deals, having little to do with justice. In reality, plea bargains are unsavory measures, weighing known benefits against expected costs on all sides. While mandatory settlement conferences and deal-making are accepted in civil litigation, the public holds criminal courts to higher standards. “We had an overwhelming case,” said DA spokeswoman Sandy Gibbons, suggesting that her office would have prevailed at trial. From the DA’s perspective, plea bargains conserve resources and save money. Defense attorneys also weigh expected results against the realities of in-the-hand deals. Copping to pleas rarely comes lightly. Nor do most defendants change pleas without kicking and screaming. While it’s easy for Olson to complain, it’s unlikely she would have caved without carefully considering the DA’s case. Calling a special hearing, Fldler now wants the last word.

       Twenty-five years on the lam and living the soccer-mom life in Minnesota hasn’t mellowed the former SLA rebel. Olson’s still just as feisty as portrayed in Patty Hearst’s 1982 self-serving autobiography, implicating her in the infamous 1975 Sacramento bank robbery, costing Myrna Opsahl her life. Hearst’s book placed herself as a hapless victim, not Tanya, the glamorous revolutionary toting an AK-47. Much mystery still shrouds the SLA, both its original mission and legendary mind control techniques. Far from a choirgirl, Olson crafted her new identity and found peace living in suburbia. Despite her admirers, 25 years on the lam doesn’t erase her criminal past, nor does it vanish bomb-making evidence found in her apartment. In her plea agreement, Olson only admitted that she acted to “encourage, endorse and incite” the bombing of LAPD squad cars, not, as prosecutors claim, actually place the explosives. Olson’s 25-year flight from justice suggests, at the very least, that she believed she would wind up doing time. Whether justice prevailed has nothing to do with why Judge Fidler called attorneys back to court.

       Under California law, it’s perfectly OK for defendants to maintain their innocence even after entering guilty pleas, as long as there’s evidence to support it. Olson simply said that she was not the one who planted the explosives underneath the LAPD squad cars. She never disputed either making the pipe bombs or instructing someone else to place them. “I thought it was quite inconsistent with what happened in the courtroom,” said deputy Dist. Atty. Michael Latin, reacting to Olson’s comments and Judge Fidler’s decision to call counsel back to court. “He wants to set the record straight and avoid problems down the road at sentencing,” remarked Loyola Law School professor Laurie Levinson, also trying to second-guess Fidler’s unusual move. Certainly Judges have the right to assure that defendants don’t enter coerced pleas. But, because Olson’s agreement was hammered out beforehand, it looks more like Fidler is concerned about his reputation and image, not whether Olson’s plea might affect sentencing. “It is only because of the celebrity nature of this case that [Fidler] is getting a little bit rattled,” said Golden State University Law School Dean Peter Keane, confirming that Fidler’s more worried about public perceptions.

       Twists and turns seem part of the lore that goes with the Symbionese Liberation Army. While the public may never know the truth about publishing heiress Patty Hearst, they do know that Sara Jane Olson disappeared 25 years ago, only to get rudely plucked out of her suburban lifestyle in 1999. Entering a guilty plea, she’s finally paying her debt despite denying that she placed explosives under LAPD squad cars. Before Judge Fidler goes over the deep end, he shouldn’t overly analyze Olson’s public remarks or threaten to reverse her plea bargain. Getting what she deserves, Olson now must pay for her past criminal deeds. With the angry former radical shooting off her mouth, Judge Fidler shouldn’t get too alarmed that she’s still on her high horse. Most revolutionaries don’t go without a little whining. No plea bargain satisfies all parties, especially unremorseful zealots unwilling to grow up and take responsibility for their youthful mistakes. Despite Olson’s mouth, Judge Fidler should reaffirm the plea bargain and let the current deal stand.

About the Author

John M. Curtis is editor of OnlineColumnist.com and columnist for the Los Angeles Daily Journal. He’s director of a Los Angeles think tank specializing in political consulting and strategic public relations. He’s the author of Dodging The Bullet and Operation Charisma.

©1999-2012 Discobolos Consulting Services, Inc.
(310) 204-8300
All Rights Reserved.