United States v. Michael Altenburger

Defendant appeals from a jury conviction of violating 18 U.S.C. § 1992 : a knowing and wilful “attempt to disable, derail or wreck a train employed by the Southern Pacific Railroad in interstate commerce.”

Plaintiff was observed at about 8:30 p. m. by a patrolman for the railroad placing “items” on the railroad track on the east bound main line. The patrolman testified he stopped defendant, read to him his Miranda rights, and asked defendant what he was doing there. Defendant said he was trying to derail a train (R.T. 16-18). (Defendant told his own expert witness, Dr. Hoogerbeets, he “suddenly and impulsively planned to derail a train.” R.T. II, p. 13.) The patrolman then removed the “items” from the track — several 2X6 and 4X4 posts, a steel grate, pieces of plywood, and several rocks 6 to 12 inches in diameter. After arresting defendant, the patrolman took photographs of the “items” (Govt. Exs. 1, 2, 3 and 4 thru 9).

A Southern Pacific engineer testified that the items placed on the tracks were capable of derailing the train (R.T. 48-54). An express train, Los Angeles to East St. Louis, was due to pass over the tracks where the items were placed approximately one…