He was arrested in March 2004 after law enforcement tracked him sending emails to the "Los Angeles Times." The e-mails signed by "Tony Marsden" speak about what the ELF cell had done, vandalizing more than 130 SUVs parked at dealerships or residential homes, claiming they were damaging the environment. He was charged with conspiracy to commit arson, arson, and one count of using a destructive device during a crime of violence, in an October 24, 2004 Federal grand jury indictment. Cottrell's lawyers stated that he was diagnosed with Asperger syndrome. However, Judge Gary Klausner would not allow a defense based upon the claim that Cottrell was suffering from Asperger syndrome.