Each has prior vandalism arrest

The two men found making small bombs outside Capitola City Hall belong to an animal-rights group that advocates destroying the property of animal abusers, U.S. attorneys say.

Peter George Schnell, 20, and Matthew Whyte, 18, each face two federal charges of making destructive devices. They are set to appear Thursday in federal court in San Jose. Each faces 10 years in prison and a $10,000 fine.

They were arrested Jan. 23 behind Captiola City Hall with enough material to make at least 11 Molotov cocktails, crude bombs made of bottles filled with gasoline.

Police spotted the men crouching in the parking lot behind the city offices. They told officers they were working on a craft project, police said.

Federal prosecutors took over the case Feb. 2. Federal law prohibits the possession of bomb-making components; state law does not.

Federal prosecutors believe the two are associated with the Animal Liberation Front, or ALF. Schnell and Whyte, according to federal court records, have previous arrests at animal-rights demonstrations.

Whyte is being represented by San Francisco attorney Mark Vermeulen, who specializes in cases of civil disobedience. He wouldn’t say if his client is affiliated with ALF, only that it has no relevance to the charges.

"I think what will come out eventually will be a lot different and a lot lighter than the innuendo coming out now," Vermeulen said.

As for the bomb-making components, he said, "There could be a question of what those components were capable of doing."

Whyte, of Orange, had just enrolled in Cabrillo College and was staying with friends and in his car, said Vermeulen, who was hired by Whyte’s parents.

"He’s a bright young man and not really the person I would normally encounter in jail," Vermeulen said. "Obviously, his parents are shocked and surprised, but they are realistic and supportive."

Schnell’s attorney, Lawrence E. Weiss of Santa Rosa, would not comment on the allegations except to say both defendants should be allowed bail. That will be decided Thursday

Schnell told authorities his last residence was Jamaica Plain, Mass.

A year ago, Schnell was being sought by New York City authorities, according to federal court records, though it’s unclear what the charges were and if they were settled.

In May 1999, he was arrested for vandalism at a Burlington Coat Factory store in New Jersey. Activists spray painted "Fur kills" and "Killers ALF" on the store walls.

A month later, Whyte was arrested on unknown charges during an animal-rights protest at UC San Francisco, and in December for property destruction in Seattle during the World Trade Organization protests.

Vermeulen said his client was never charged, and the San Francisco and in Seattle arrests do not link Whyte to ALF.

"The issues there were broader than just animal rights," he said.

ALF’s Web site says supporters act independently. Guidelines include liberating animals from places of abuse and inflicting economic damage on the abusers.

ALF activists claim to have burned a Burger King, set hundreds of animals free at fur farms and damaged Macy’s, Burlington Coat Factory, butcher shops and leather stores.

Santa Cruz County has been the target of some ALF attacks. They include: a 1989 raid of the E-Y Laboratory in Soquel, where activists freed 40 rabbits; the 1994 spray painting of buildings at UC Santa Cruz in protest of the vivisection of animals; and a 1996 demonstration at McDonald’s on Mission Street, where one protester handcuffed himself to a counter.

Contact Darrel W. Cole at dcole@santa-cruz.com.