Teen to enter juvenile program over bomb threat

Canadian Press

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DOYLESTOWN, Pa. — A U.S. judge blasted Canadian teen Travis Biehn and called his parents too lenient Wednesday, as he sent the youth back into detention on bomb-related charges and ordered him to attend a wilderness program.

Judge Kenneth Biehn, who's no relation, said the 17-year-old is no terrorist but an "arrogant, guarded, defensive, immature, attention-seeking'' youth who needs to be evaluated after completing the juvenile program to see if he can go back to his family at the end of August.

"This case is all about a kid who's never been held accountable,'' the judge told a sentencing hearing attended by about 30 supporters who see Biehn as the unwitting victim of his nationality in a tough anti-terror climate.

Others in the community have called for a stiff jail term and deportation for Biehn.

"I hope your parents have learned something from this,'' the judge told the youth.

"If they set limits on his behaviour, then perhaps we wouldn't be here.''

The judge reviewed three psychological reports and reams of documents, including letters of support from family and friends, before laying out terms of the sentence.

If Biehn does go home, he'll be on indefinite probation, can't leave the country, must perform 100 hours of community service, pay $8,218.95 in restitution and write an apology to the students of the school he's been convicted of threatening to blow up.

Portrayed by prosecutors as a dangerous kid who hates Americans, partly because he wore an "I am Canadian'' T-shirt to a court appearance, Biehn has been in custody since his arrest early last month.

He was convicted June 13 of scrawling a bomb threat on the wall of his school's bathroom, although there was no direct evidence, and collecting bomb-making materials.

Experts and police testified at his one-day trial they found some of the elements for building a bomb in their raid on the family's home but nothing to ignite it.

The Biehns are still considering an appeal of the charges in a bid to clear their son's name and Canadian consular officials are watching the case.

"I'm very concerned that he has been railroaded,'' said Liberal MP Dan McTeague, parliamentary secretary responsible for Canadians abroad.

"You have a conviction and a sentencing of a child based on little or no evidence. I don't think justice was served here.''

"This case screams for an appeal,'' McTeague said from Ottawa.

Originally from Newfoundland, the Biehns moved to affluent Bucks County, Pa., near Philadelphia in 1997, where father Brant is a marketing director for pharmaceutical giant Merck.

And while the judge rejected suggestions the case had anything to do with Canada-U.S. relations, probation officers wanted to require Biehn write letters to U.S. soldiers serving in Iraq as a sign of support for the United States.

The judge rejected that, saying: "This is not America against someone else.''

"I don't want this to be something that's insensitive to you and your parents' heritage.''

He scolded Biehn's father for bringing the locked-up teen two books dealing with terrorist attacks on the United States -- Robin Cook's Vector and Clive Cussler's Deep Six.

"What kind of judgment does that show?'' asked the judge, who said he thinks the youth spends too much time with his parents.

Brant Biehn said outside court he didn't understand the problem, especially since the judge noted he admired Cussler in particular.

"I'm not sure that the other four million people who read Robin Cook would have an issue,'' he said, adding "it's very hard to see'' how the judge could consider his son a delinquent.

The judge was also angry that neither Biehn or his parents testified at the sentencing hearing.

"All I've had from the parents is denial and blaming others,'' said the judge.

As for Biehn, "I think people either love you or hate you,'' he said.

"I think you're afraid to express how you feel.''

The family has continually said their son is innocent. When police searched the family's suburban Buckingham, Pa., home, they found several kilograms of potassium nitrate, tubing, fuses, lighter fluid and other items.

Biehn's father said the two often used the materials to make harmless smoke bombs and fireworks for neighbourhood gatherings and burned a tree stump in the backyard to make way for a fish pond.

Defence lawyer Bill Goldman filed a motion last week to have the charges dismissed, saying there's no evidence Biehn wrote the bomb threat and prosecutors didn't prove their case beyond a reasonable doubt.

But the judge didn't address the motion Wednesday. While he acknowledged he doesn't think Biehn was going to blow up his school, he said he believes the youth intended to build a bomb.

"There's also been plenty of evidence over the years, said the judge, of inappropriate behaviour and disrespect from Biehn, who has been in trouble for shooting paintballs at cars, selling a home-made napalm substance to kids at school and hacking into school computers.

The judge also noted Biehn once wore a "Jesus is a Homo'' T-shirt to school.

"Right now, he is heading on a track where disrespect will turn into something much more violent,'' District Attorney Diane Gibbons said after the hearing.

"He is an endangered kid and I don't want to lose him. By denying his conduct, (his parents) risk losing him to much more criminal behaviour.''

Gibbons, who has suggested Biehn hated Americans and living in the United States, said Wednesday she doesn't know him well enough to speculate about his motives.

"He hasn't opened up. If you don't talk about the problem, you can't fix it,'' she said.

"This kid worries me. I think juvenile court is the perfect place for him and Judge Biehn is the perfect judge for him.'

Some family supporters blamed "hysteria'' generated by the Columbine school killings and the terrorist attacks of Sept. 11, 2001, for strong public reaction in the case.

And they paint a very different picture of Biehn than prosecutors do.

"My husband and I are so devastated by this,'' said family friend Anne Drouin.

"It seems the justice system has gone overboard. The Travis I know is a kind, thoughtful, gentle individual.''

"The facts are not lining up.''

Said resident Cathy Block: "The people I talk to think it's an outrage.''

Biehn was withdrawn from his Bucks County high school before he could be expelled. The family wanted him to attend school in Canada this fall but the judge didn't allow it.

The youth will be sent to Tressler Care in Boiling Spring, Pa., a court-directed wilderness program for juvenile offenders.

Goldman wanted Biehn to go to an Outward Bound program where there wouldn't just be offenders but the judge dismissed the idea, saying the youth needs to move past thinking he's better than other kids in the system.