Judi Bari vs. FBI Trial
Plaintiffs' Opening Statement
by lead counsel Dennis Cunningham
Tuesday April 9, 2002
Court Reporter's Verbatim Transcript
VOLUME 1 EXCERPT
PAGES 1 - 51
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
BEFORE THE HONORABLE CLAUDIA WILKEN, JUDGE
JUDI BARI, ET AL., )
)
PLAINTIFFS, )
)
VS. ) NO. C 91-1057 CW
)
THE UNITED STATES OF )
AMERICA, ET AL., )
)
DEFENDANTS. )
____________________________)
OAKLAND, CALIFORNIA
TUESDAY, APRIL 9TH, 2002
TRANSCRIPT OF PROCEEDINGS
APPEARANCES:
FOR PLAINTIFFS: LAW OFFICE OF DENNIS CUNNINGHAM
3163 MISSION STREET
SAN FRANCISCO, CALIFORNIA 94110
BY: DENNIS CUNNINGHAM
ATTORNEY AT LAW
FOR PLAINTIFFS: LAW OFFICE OF ROBER BLOOM
2326 WEBSTER
BERKELEY, CALIFORNIA 94705
BY: ROBERT BLOOM
ATTORNEY AT LAW
FOR PLAINTIFF: SERRA, LICHTER, DAAR, BUSTAMANTE
& MICHAEL
PIER 5 NORTH
THE EMBARCADERO
SAN FRANCISCO, CALIFORNIA 94111
BY: J. TONY SERRA
ATTORNEY AT LAW
REPORTED BY: NICHOLE M. RODICH, RPR, CSR 11604
2
APPEARANCES CONTINUED:
FOR THE FEDERAL
DEFENDANTS: U.S. DEPARTMENT OF JUSTICE
CIVIL DIVISION
P.O. BOX 7146
BEN FRANKLIN STATION
WASHINGTON, D.C. 20044
BY: R. JOSEPH SHER
DENNIS BARGHAAN, JR.
ASSISTANT UNITED STATES ATTORNEYS
FOR THE OAKLAND
DEFENDANTS: OFFICE OF THE CITY ATTORNEY,
CITY OF OAKLAND
ONE CITY HALL PLAZA, 6TH FLOOR
OAKLAND, CALIFORNIA 94612
BY: MARIA BEE
WILLIAM E. SIMMONS
DEPUTY CITY ATTORNEYS
3
1 APRIL 9TH, 2002
2 * * * * *
3
4 MR. CUNNINGHAM: GOOD MORNING, LADIES AND GENTLEMEN.
5 GOOD AFTERNOON AND THANK YOU FOR YOUR PATIENCE AND THANK YOU
6 FOR YOUR SERVICE ON THIS JURY.
7 I'M DENNIS CUNNINGHAM. I'M THE LEAD ATTORNEY AS THEY
8 CALL IT FOR THE PLAINTIFFS. TONY SERRA IS CO-COUNSEL, AND WE
9 HAVE ANOTHER CO-COUNSEL ROBERT BLOOM WHO HAS A SLIGHT MEDICAL
10 PROBLEM. WE EXPECT THAT TO CLEAR UP IN THE NEXT DAY OR SO, AND
11 HE'LL BE WITH US CERTAINLY BY NEXT WEEK.
12 OUR PLAINTIFFS ARE DARRYL CHERNEY WHO IS ONE OF THE
13 PEOPLE WHO WAS SPOKEN ABOUT AND DARLENE COMINGORE WHO IS THE
14 EXECUTOR OF JUDY BARI'S ESTATE. JUDY BARI AS YOU HEARD, PASSED
15 AWAY SEVERAL YEARS AGO, BUT HER ESTATE SUCCEEDS ON THE CLAIMS
16 AND RIGHTS TO ENFORCE THOSE CLAIMS IN THE COURT. AND SO
17 MS. COMINGORE IS IN THAT CAPACITY. AND LISA BARI IS JUDI'S
18 DAUGHTER, AND SHE'S HERE ON HER BEHALF AS WELL.
19 THIS IS A CASE ABOUT -- IN WHICH WE CLAIM THAT THE
20 DEFENDANT POLICE OFFICERS AND FBI AGENTS VIOLATED THE RIGHTS OF
21 JUDI AND DARRYL AFTER THIS BOMBING OF THEIR CAR. THE CAR WAS
22 BOMBED IN OAKLAND NEAR THE FREEWAY ON PARK BOULEVARD AND ON
23 MAY 24TH, 1990, JUST ABOUT NOON.
24 JUDI AND DARRYL AT THAT TIME WERE, AS AT THIS TIME
25 DARRYL CERTAINLY STILL IS, PART OF EARTH FIRST. EARTH FIRST IS
4
1 MANY THINGS. YOU'LL HEAR A GOOD DEAL ABOUT IT. IT'S BASICALLY
2 A PRO-ENVIRONMENT OR ENVIRONMENTALIST GROUP, ACTIVIST GROUP,
3 GROUP FORMED AROUND THE CONCEPT OF ACTIVISM AND DETERMINED
4 ACTIVISM TO INCLUDE CIVIL DISOBEDIENCE AS WELL. I THINK YOU'VE
5 HEARD THAT REFERRED TO WHERE THEY FELT IT WAS NECESSARY TO
6 INCLUDE ALL KINDS OF ACTIVITIES THAT THEY COULD GENERATE ON
7 BEHALF OF AND IN DEFENSE OF THE ENVIRONMENT.
8 THE FACT THAT THEY WERE WITH EARTH FIRST AND PART OF
9 EARTH FIRST BECAME IMMEDIATELY EVIDENT TO THE PEOPLE WHO
10 RESPONDED TO THE BOMBING. AND THERE WERE A NUMBER OF RESCUERS
11 WHO CAME TO THE SCENE AND POLICE OFFICERS AND FBI AGENTS. AND
12 YOU'LL HEAR ABOUT THAT, AND I'LL TALK MORE ABOUT IT THIS
13 MORNING.
14 THE MAIN THING THAT HAPPENED IN THE FIRST AFTERMATH OF
15 THE BOMBING WHEN THERE -- IT WAS LEARNED THAT THEY WERE WITH
16 EARTH FIRST AND WHEN THE FBI CAME ON THE SCENE, IS THAT THE FBI
17 AGENTS THERE SPOKE TO THE POLICE OFFICERS WHO CAME AND TOLD
18 THEM AND TOLD SERGEANT SITTERUD IN PARTICULAR, WHO WAS THE CASE
19 OFFICER OR THE OAKLAND DETECTIVE WHO WAS ASSIGNED TO RESPOND TO
20 THE CASE, ONE OF TWO, BUT HE WAS THE LEAD OFFICER, THAT THE FBI
21 WAS FAMILIAR WITH THESE PEOPLE ALREADY AS TERRORIST SUSPECTS,
22 AS PEOPLE WHO IN HIS WORDS, THE KIND OF PEOPLE WHO WOULD BE
23 CARRYING A BOMB. AND THAT WAS TOLD TO THE POLICE OFFICERS
24 WITHIN THE FIRST HOUR AFTER THE EXPLOSION. AND THEN SERGEANT
25 SITTERUD SAID BY THE TIME HE GOT TO THE SCENE AND WAS TOLD
5
1 THAT -- JUDI AND DARRYL HAD ALREADY BEEN REMOVED TO THE
2 HOSPITAL.
3 BUT THAT WAS, YOU'LL SEE IT IN THE EVIDENCE, SOMETHING
4 THAT SET THE TONE FOR THE ENTIRE CASE FROM THAT MOMENT ON AND
5 WAS A CRUCIAL EVENT AFTER THE BOMBING AND CRUCIAL MEETING OF
6 THOSE TWO GROUPS, THE FBI AND OAKLAND POLICE, AROUND A PURPOSE
7 THAT IMMEDIATELY AROSE, AND THAT WE SAY WAS INSTIGATED BY THE
8 FBI BECAUSE OF A PREEXISTING DESIRE TO HARM EARTH FIRST IN THE
9 FIRST AMENDMENT CONTEXT, HARM THIS GROUP TO DISRUPT IT'S WORK,
10 TO MISDIRECT IT'S WORK, TO SMEAR THE GROUP IN THE PUBLIC MIND.
11 AND THIS WAS A GOLDEN OPPORTUNITY FOR THAT AND THE PEOPLE IN
12 THE CAR WHO HAD BEEN BOMBED TO BE REPRESENTED AS BOMBERS. AND
13 THE HEADLINES COULD REFLECT THAT FACT, AND THE WORLD WOULD BE
14 TOLD THAT EARTH FIRST HAD BOMBERS IN IT AND THESE
15 ENVIRONMENTALISTS WERE DANGEROUS AND HAD TO BE FEARED.
16 AND THE MECHANISM OF THIS WAS IN CLASSIC TERMS A
17 FRAME-UP, A FRAME-UP THAT WAS CONCOCTED BY THE FBI AND OAKLAND
18 POLICE BY VARIOUS FBI AGENTS WHO ARE AMONG THESE DEFENDANTS AND
19 THESE OAKLAND POLICE OFFICERS. AND THE FRAME-UP WAS BASED ON
20 FALSE EVIDENCE, FABRICATED EVIDENCE, WHICH I'LL TALK ABOUT IN
21 MORE DETAIL, THAT WAS COOKED UP MORE OR LESS ON THE SPOT AND IN
22 THE SUCCEEDING HOURS AND DAYS AS A PRETENDED BASIS FOR CHARGES
23 AGAINST JUDI AND DARRYL THAT THEY WERE POSSESSING AN EXPLOSIVE
24 DEVICE, TRANSPORTING A EXPLOSIVE DEVICE IN VIOLATION OF LAW AND
25 WITH A TERRORIST PURPOSE, TAKING IT SOMEWHERE TO PLANT IT TO DO
6
1 SOME DAMAGE IN SOME HIDEOUS WAY.
2 YOU'LL SEE THAT PARTICULARS OF THE FRAME-UP WERE
3 PRETTY MUCH ALL -- NOT ALL, BUT MOSTLY GENERATED BY THE FBI
4 AGENTS. BUT YOU'LL SEE ALSO THAT THE OAKLAND OFFICERS IN NO
5 SENSE WERE DUPED. ALTHOUGH, I BELIEVE THEY WERE LIED TO, AND I
6 BELIEVE YOU'LL SEE THAT.
7 BUT THEY WERE WILLING COPARTICIPANTS. THEY JUMPED
8 RIGHT IN. THEY THOUGHT IT WAS A FINE IDEA, AND THEY MADE THEIR
9 OWN CONTRIBUTIONS. AND THEY TOOK ON THE BURDEN OF MAKING THE
10 ARRESTS THEMSELVES AND PUTTING THE CASE INTO THEIR SYSTEM
11 INSTEAD OF IN THE FEDERAL SYSTEM SO THAT THEY WERE OPERATING AT
12 THE FRONT FOR THE CASE FOR THE FALSE CASE, AND THE FBI WAS IN
13 THE BACKGROUND.
14 THE FBI HAD A MAJOR ROLE. THEY TOOK POSSESSION OF ALL
15 THE EVIDENCE. THEY TOOK IT TO THEIR LABORATORY. THEY MADE
16 REPORTS BACK ABOUT IT AND IN THE ATTEMPT TO SUSTAIN THE CASE IN
17 THE FOLLOWING DAYS AND WEEKS, AND THEY WERE REALLY THE DRIVING
18 FORCE BEHIND THE CASE.
19 THE ACTUAL CASE ITSELF WAS NEVER QUITE BROUGHT IN THE
20 COURTS. JUDI AND DARRYL WERE BOOKED BY THE OAKLAND POLICE.
21 THE CASE WHERE THE THINGS -- THE BOMBING HAPPENED ON A
22 THURSDAY. THERE WERE STILL SEARCHES BEING CARRIED OUT IN OTHER
23 POLICE OPERATIONS ON FRIDAY. THEN CAME THE WEEKEND. THEN WAS
24 THE MEMORIAL DAY HOLIDAY ON MONDAY. AND TUESDAY WHEN THEY WENT
25 TO COURT, THE DISTRICT ATTORNEY ANNOUNCED HE WAS NOT YET
7
1 PREPARED TO FILE CHARGES. HE WAS GOING TO WAIT UNTIL HE SAW
2 WHAT CAME BACK FROM THE LABORATORY BEFORE HE WOULD DO THAT.
3 AND THAT IS THE WAY THINGS STOOD AND CONTINUED TO
4 STAND FOR THE NEXT SEVERAL WEEKS, I THINK ABOUT SEVEN WEEKS,
5 UNTIL IT WAS FINALLY DECIDED THAT THERE WERE -- NO CHARGES
6 WOULD BE FILED. AND THE CASE AS A FORMAL CASE WAS DROPPED.
7 THE INVESTIGATION WAS SUPPOSEDLY TO REMAIN OPEN BY THE OAKLAND
8 POLICE. I THINK YOU'LL SEE THEY DIDN'T DO ANYTHING MORE ABOUT
9 IT.
10 THE FBI CONTINUED THEIR INVESTIGATION OF THE
11 PLAINTIFFS AND SUPPOSEDLY OF THE BOMBING FOR A COUPLE MORE
12 YEARS AND KEPT ON DOING THINGS, AND THERE WERE OTHER AGENTS
13 INVOLVED BESIDES THOSE WHO HAD BEEN WORKING ON IT ON THE FIRST
14 DAY.
15 AND YOU'LL FIND THAT THE INVESTIGATION THAT THEY
16 CONDUCTED WAS IN FACT REALLY A SHAM. THERE WAS NOT A SERIOUS
17 OR GOOD FAITH ATTEMPT TO SOLVE THE BOMBING EITHER -- WITH JUDI
18 AND DARRYL EITHER AS THE VICTIMS OR PERPETRATORS. THERE WAS
19 JUST A KIND OF AIMLESS ACTIVITIES OF A NUMBER OF THINGS STARTED
20 AND NOT FINISHED.
21 AND WITHIN THE COVER OF THAT, THEY MADE A LOT OF, THEY
22 DID A LOT OF WORK INVESTIGATING EARTH FIRST, THE ENVIRONMENTAL
23 MOVEMENT IN THE NORTH COUNTIES, IN CALIFORNIA HERE, HUMBOLDT
24 AND MENDOCINO COUNTIES IN PARTICULAR WHERE THE LOGGING IS GOING
25 ON, WHERE EARTH FIRST IN THE MONTHS AND COUPLE YEARS PRIOR TO
8
1 THE BOMBING HAD BEEN DOING DEMONSTRATIONS, DOING ORGANIZING,
2 DOING PUBLIC EDUCATION TRYING TO SLOW DOWN THE CUTTING OF THE
3 FOREST UP THERE, IN PARTICULAR, THE TAKING OF THE OLD GROWTH
4 REDWOOD TREES, WHICH THEY HAD FOCUSED ON PARTICULARLY AS AN
5 OBJECTIVE TO TRY TO SAVE THE REDWOOD TREES, THE OLD GROWTH
6 REDWOOD TREES STILL IN PRIVATE HANDS.
7 AND THEY STARTED ORGANIZING FOR A CAMPAIGN THAT WAS
8 GOING TO GO ON THAT SUMMER OF A SERIES OF DEMONSTRATIONS THAT
9 WOULD -- AND WHAT THEY CALL WOODS ACTIONS, EVERYTHING FROM
10 SITTING IN TREES, BLOCKING ROADS, CHAINING THEMSELVES TO A
11 BULLDOZER, OR HAVE A MARCH, OR RALLY IN TOWN, TALK TO PEOPLE.
12 AND A WHOLE GAMUT OF ACTIVITIES THAT WERE PLANNED.
13 AND I THINK YOU'LL SEE THAT IT WAS BECAUSE THIS
14 CAMPAIGN WAS COMING UP AND PROMISED TO BE A STRONG THING AND
15 BECAUSE THERE -- THE WORK THEY WERE DOING WAS ALREADY STRONG
16 AND WAS DRAWING NOTICE AND WAS HAVING AFFECT, THAT THIS IS A
17 REASON WHY THE -- THEY WERE TARGETED.
18 EARTH FIRST WAS A TARGET AND PRESENTED, AS I SAID, AN
19 OPPORTUNITY IN THIS EVENT HERE FOR A BLOW TO BE STRUCK AT THEM
20 FOR AN ATTEMPT TO NEUTRALIZE THE WORK THAT THEY WERE DOING.
21 OBVIOUSLY, THE BIG MECHANISM OF THAT ATTEMPT TO NEUTRALIZE
22 WOULD BE THE HEADLINES WOULD BE NEWS. EARTH FIRST ARE ARRESTED
23 OR THESE ARE EARTH FIRSTERS -- ARE ARRESTED AS BOMBERS.
24 AND THERE WAS INDEED SOMETHING THAT MADE THE HEADLINES
25 ACROSS THE COUNTRY AND WAS ON THE TOP OF THE TV NEWS HERE IN
9
1 THE BAY AREA FOR DAYS ON END AND KEPT COMING BACK. AND THERE
2 WAS A DRASTIC EFFECT OVER TIME ON THE PUBLIC AND THE PUBLIC
3 IMAGE OF EARTH FIRST AND THE REPUTATION OF EARTH FIRST.
4 AND THERE'S NO QUESTION BUT WHAT THE -- THAT THOSE
5 FALSE CHARGES HAD A TREMENDOUS EFFECT ON THE CIRCUMSTANCES THAT
6 EARTH FIRST WAS WORKING ON AND THE THINGS THEY WERE TRYING TO
7 DO.
8 THE FRAME-UP WAS CONSTRUCTED AROUND AS I SAID EVIDENCE
9 THAT WAS FABRICATED. IN PARTICULAR IT HAD TO DO WITH THE
10 ALLEGED LOCATION OF THE BOMB IN THE CAR WHEN IT WENT OFF. AND
11 THIS IS THE -- ACTUALLY, THE FOCAL POINT OF THE EVIDENCE THAT
12 WAS USED OR CITED IN THE -- AS A BASIS FOR THE CRIMINAL
13 CHARGES, THAT THE DIFFERENCE BETWEEN WHETHER THE BOMB HAD BEEN
14 UNDER JUDI'S SEAT WHERE IT WAS HID, WHERE IT HAD BEEN PLANTED
15 BY SOMEONE WHO WAS TRYING TO HURT HER OR KILL HER, OR WHERE IT
16 HAD BEEN AS THE AGENTS AND OFFICERS SAID THEY BELIEVED,
17 PRETENDED TO BELIEVE WE WOULD SAY, ON THE FLOOR IN THE BACK
18 SEAT BEHIND THE DRIVER'S SEAT WHERE IT WOULD HAVE BEEN MORE OR
19 LESS IN OPEN VIEW, AND WHERE THEY WOULD HAVE SEEN IT SUPPOSEDLY
20 WHEN THEY LOADED THEIR STUFF IN THE CAR TO DRIVE AWAY FROM
21 WHERE THEY WERE.
22 AND THE BOMB WENT OFF. I'M GOING TO TELL YOU MORE
23 ABOUT WHAT HAPPENED WITH THE BOMB AND HOW IT WORKED AND WHAT
24 HAPPENED AS A BASIS FOR THAT -- FOR THE FABRICATION OF THE
25 EVIDENCE BASED ON THAT IDEA THAT THE BOMB HAD BEEN IN PLAIN
10
1 VIEW, AND THEREFORE, MUST HAVE BEEN VISIBLE WHEN THEY LOADED
2 THE CAR AND MUST HAVE BEEN THEIRS.
3 JUDI WAS REMOVED TO THE HOSPITAL. SHE WAS IN SURGERY
4 IMMEDIATELY. SHE WAS TERRIBLY INJURED BY THE EXPLOSIVE FORCE
5 UP THROUGH THE DRIVER'S SEAT INTO HER BODY. HER PELVIS WAS
6 SHATTERED. HER COCCYX WAS BLOWN. SHE HAD EXTENSIVE NERVE
7 DAMAGE IN THE PELVIC AREA. SHE HAD PROBLEMS IN HER NERVES IN
8 HER LEGS AND PROBLEMS WALKING. THEY TOLD HER SHE'D NEVER WALK
9 AGAIN. SHE DID. SHE WAS -- IT WAS A VERY SEVERE INJURY AND
10 LEFT HER IN PAIN FOR THE REST OF HER LIFE, AND JUST AS SHE WAS
11 LEFT FIGHTING THESE FALSE CHARGES AGAINST HER FOR THE REST OF
12 HER LIFE AND BEYOND TO THIS DAY.
13 THE OFFICERS AND AGENTS MET THAT EVENING AT THE
14 OAKLAND POLICE HEADQUARTERS. MR. REIKES, ONE OF THE DEFENDANTS
15 IS HEAD OF THE FBI TERRORIST SQUAD IN SAN FRANCISCO, CAME TO
16 OAKLAND, GAVE THEM A BRIEFING ON WHAT WAS KNOWN ABOUT EARTH
17 FIRST AND THIS ALLEGED TERRORIST BACKGROUND OF THE GROUP OR
18 MEMBERS OF THE GROUP.
19 THERE HAD BEEN A CASE IN SANTA CRUZ SEVERAL WEEKS
20 BEFORE WHERE SOMEONE, WHO WAS NEVER CAUGHT, CUT DOWN POLES
21 SUPPORTING SOME POWER LINES. AND, ACTUALLY, THAT HAPPENED ON
22 TWO SUCCESSIVE NIGHTS. ONE NIGHT THEY FELL OVER, AND THERE WAS
23 A BLACKOUT IN SANTA CRUZ COUNTY FOR SEVERAL HOURS.
24 AND THE FBI HAD OPENED THE TERRORISM INVESTIGATION OF
25 THAT EVENT. AND THEY IMMEDIATELY CONNECTED THESE PEOPLE WITH
11
1 THAT EVENT AND WITH THAT CRIME, EVEN THOUGH THERE WAS NO BASIS
2 TO CONNECT THEM AT ALL, OTHER THAN THE FACT THAT THEY THOUGHT
3 THEY SUSPECTED EARTH FIRST MEMBERS IN SANTA CRUZ, WHICH WAS
4 BASELESS. AND SO THEY MADE THAT ASSOCIATION WITH THESE TWO
5 PEOPLE IMMEDIATELY.
6 THERE HAD BEEN OTHER THINGS THAT MR. REIKES TALKED
7 ABOUT TO THE ASSEMBLED OFFICERS AND AGENTS AS A BASIS, A
8 PREVIOUS CASE ALSO INVOLVING POWER LINES THAT WERE TAKEN DOWN
9 IN ARIZONA WHERE THE PEOPLE WERE CAUGHT. AND YOU'LL HEAR MORE
10 ABOUT THAT AS WELL.
11 THERE WAS -- THEY WROTE A SEARCH WARRANT AFFIDAVIT BY
12 AN OFFICER -- SERGEANT CHENAULT, WHO IS HERE, WHICH HE SAID WAS
13 ALMOST DICTATED TO HIM BY ONE OF THE FBI AGENTS,
14 MR. FRANK DOYLE, WHO WAS A BOMB TECHNICIAN SPECIALIST IN
15 BOMBING INVESTIGATIONS, WHO TOTALLY TOLD HIM WHAT TO PUT IN THE
16 AFFIDAVIT.
17 AND THEY COOKED IT UP, PUT IN SOME EXTRA THINGS OF
18 THEIR OWN, AND PRESENTED IT TO A JUDGE 2:00 IN THE MORNING, GOT
19 A SEARCH WARRANT, SEARCHED THE HOMES OF DARRYL AND JUDI
20 OVERNIGHT. AND THE NEXT DAY, THE NEWS WAS THERE. IT WAS ALL
21 ON THE NEWS. THEY TOOK SEVERAL OF THEIR FRIENDS INTO CUSTODY.
22 AND THEN THEY WENT AHEAD WITH THIS CASE.
23 WITHIN A WEEK, THEY RECEIVED A LETTER OR SOMEONE
24 RECEIVED A LETTER, JOURNALIST RECEIVED A LETTER, REPORTER IN
25 THE SANTA ROSA PRESS DEMOCRAT FROM A PERSON WHO SIGNED THAT HE
12
1 WAS THE LORD'S AVENGER. AND HE SAID THAT IT WAS HIM WHO HAD
2 PLANTED THE BOMB, AND HE DID IT TO STRIKE AT JUDI BARI WHO HAD
3 BEEN DESCRIBED AS A DEVIL WOMAN.
4 AND HE WROTE IN VERY HEATED, SUPER CONCENTRATED
5 RELIGIOUS RHETORIC IN THE LETTER, AND HE SAID HE WAS STRIKING
6 AT HER BECAUSE OF A TIME A COUPLE YEARS EARLIER, YEAR AND A
7 HALF EARLIER, WHEN SHE HAD PARTICIPATED IN A DEMONSTRATION AT
8 AN ABORTION CLINIC IN UKIAH, WHERE SHE LIVED. AND THERE HAD
9 BEEN SUCH A DEMONSTRATION, AND THEY BOTH HAD BEEN AT IT OR
10 OTHERS.
11 THERE HAD BEEN TWO DEMONSTRATIONS, PRO AND CON
12 DEMONSTRATIONS, STARTED OUT AS A DEMONSTRATION BY
13 ANTIABORTIONISTS. AND THEY HAD GONE TO MORE OR LESS DEFEND THE
14 CLINIC, PLANNED PARENTHOOD CLINIC. AND THIS MAN AS -- AND HE
15 SAID HE WAS THE MAN IN THE LETTER, SAID THAT SHE HAD TO BE
16 STRUCK DOWN FOR THAT.
17 AND THAT HE DESCRIBED THE BOMB QUITE TO A "T". HE
18 SPELLED OUT THE CONSTRUCTION OF THE BOMB, AND HE SPELLED OUT
19 THE CONSTRUCTION OF ANOTHER BOMB, WHICH HAD BEEN SET OFF IN
20 CLOVERDALE EARLIER, ABOUT TWO WEEKS EARLIER, AND SO THAT HE
21 WOULD ESTABLISH THE AUTHENTICITY OF HIS CLAIM BECAUSE, AS HE
22 PUT IT, ONLY HE WOULD KNOW THE WAY THE BOMB WAS CONSTRUCTED.
23 THE FBI AND LAB IN WASHINGTON VERIFIED INDEED IT WAS
24 AN ACCURATE DESCRIPTION OF BOTH BOMBS, ALMOST 100 PERCENT
25 ACCURATE, AND LEAVING THE LAW ENFORCEMENT WITH A LETTER FROM
13
1 THE BOMBER. BUT WHAT THEY DID FROM THEN ON IS DECIDE THEY
2 BELIEVED OR PRETENDED TO BELIEVE THAT JUDI HAD SENT THE LETTER.
3 OBVIOUSLY, THEY KNEW JUDI WAS IN THE HOSPITAL WHEN IT WAS SENT.
4 IT WAS POSTMARKED ON MAY 29TH, RECEIVED ON MAY 31ST.
5 BUT THE IMPLICATION WAS APPARENTLY THAT SHE HAD
6 CONFEDERATES WHO HAD SENT THIS LETTER. THEY NEVER INVESTIGATED
7 THE LETTER BEYOND THAT. THEY USED IT AS PART OF A PRETEXT FOR
8 A SECOND SEARCH LATER ON THAT GENERATED A NEW ROUND OF
9 HEADLINES ABOUT A MONTH AFTER THE BOMBING. THEY NEVER MADE ANY
10 SERIOUS EFFORT TO INVESTIGATE THAT LETTER AND ANY SERIOUS
11 EFFORT TO INVESTIGATE, AS I SAID, THE EVIDENCE THAT SHOWED THAT
12 JUDI AND DARRYL WERE VICTIMS OF THESE CRIMES.
13 IN FACT, THE UPSHOT OF IT WAS THAT THEY LET THE
14 BOMBERS GO FREE. THERE WAS NO SERIOUS EFFORTS, I THINK YOU'LL
15 SEE THIS OVER THE COURSE OF THE EVIDENCE, THERE WAS NO SERIOUS
16 EFFORT TO TRY AND FIND WHO REALLY BOMBED THEM. THERE WAS NO
17 SERIOUS BASIS TO CONTINUE TO BELIEVE IT WAS THEIR BOMB. AND
18 THEY JUST LET THIS THING HAPPEN. AND IT WENT ON AND ON. AND
19 IN FACT, AS YOU CAN TELL, THE BOMBERS ARE STILL FREE. NO ONE
20 HAS EVER BEEN CAUGHT OR CHARGED.
21 THESE THINGS CONSTITUTED A VIOLATION OF THEIR RIGHTS,
22 VIOLATION OF RIGHTS UNDER THE 4TH AMENDMENT AGAINST
23 UNREASONABLE SEARCH AND SEIZURE. THE SEARCHES WERE BASED ON
24 FRAUDULENT WARRANTS. THE ARREST WAS BASED ON FABRICATED
25 EVIDENCE. THE JUDGE THERE WILL INSTRUCT YOU AN ARREST IS A
14
1 SEIZURE UNDER 4TH AMENDMENT. AND THERE -- SO THAT A FALSE
2 ARREST IS AN UNREASONABLE SEIZURE AND VIOLATION OF YOUR RIGHTS.
3 THE UNDERLYING POINT IS THAT THESE ACTIVITIES, ACTION,
4 FRAME-UP WAS AIMED AT NEUTRALIZING THEM AND DISCREDITING THEM
5 COMPLETELY FOR THE WORK THEY WERE DOING. THAT VIOLATES THEIR
6 1ST AMENDMENT RIGHTS. AND THAT'S THE FUNDAMENTAL CLAIM THAT WE
7 BROUGHT HERE. AND THE REASON WE'RE HERE IS TO COUNTERACT AND
8 TO EXPOSE THAT ACTIVITY, THAT ACTION AGAINST THEM.
9 AND THE EVIDENCE IS GOING TO SHOW YOU THAT THE
10 MECHANISM BY WHICH THIS WAS DONE AMOUNTED TO A CONSPIRACY AMONG
11 THESE AGENTS AND OFFICERS, AN EXPRESS OR IMPLIED AGREEMENT.
12 YOU'LL ALSO RECEIVE INSTRUCTION ON THE LAW THAT WHAT IT BOILS
13 DOWN TO, THE LAW DEFINES A CONSPIRACY AS A MEETING OF THE
14 MINDS. AND YOU'LL SEE THERE WAS A BIG MEETING OF THE MINDS TO
15 DO THIS. AND THERE WERE A SERIES OF MEETINGS OF THE MINDS TO
16 DO -- TO TAKE THE VARIOUS STEPS AS THEY WENT ALONG TO MAKE IT
17 HAPPEN AND KEEP IT HAPPENING AND KEEP THE SMEAR GOING.
18 EARTH FIRST IS, AS THE JUDGE SAID, UNSTRUCTURED. IT'S
19 NOT AN ORGANIZATION. IT'S NOT NOT AN ORGANIZATION. IT'S NOT A
20 MOVEMENT, BUT IT IS A MOVEMENT. IT'S A SLOGAN. IT'S ALL OF
21 THESE THINGS AND MORE.
22 IT STARTED IN THE EARLY 80'S AND HAD BEEN MORE OR LESS
23 ANNOUNCED IN A SENSATIONAL WAY BY A SMALL GROUP OF PEOPLE WHO
24 SAID THEY WERE GOING TO START AN ACTIVIST CAMPAIGN TO SAVE THE
25 ENVIRONMENT AGAINST THE BIG CORPORATIONS WHO THEY SAID WERE
15
1 DESTROYING THE ENVIRONMENT AND THAT THEY WOULD USE WHATEVER
2 TACTICS CAME TO HAND AS LONG AS THEY WERE NOT HARMFUL TO PEOPLE
3 OR OTHER LIVING THINGS.
4 BUT THIS INCLUDED AS THEY PROCLAIMED IT THEN AN
5 INTENTION TO DO WHAT THEY CALL MONKEY WRENCHING, WHICH WOULD BE
6 TO TAMPER WITH OR DESTROY HEAVY EQUIPMENT, FOR EXAMPLE, OR
7 TO -- SOMETHING THAT EARTH FIRST IS OFTEN ASSOCIATED WITH -- TO
8 SPIKE TREES, DRIVE IRON STEEL SPIKES INTO TREES SO THEY
9 COULDN'T BE SEEN, AND THEN PUT UP A SIGN, THESE TREES OF HAVE
10 BEEN SPIKED. DON'T CUT THEM BECAUSE, OTHERWISE, YOU MIGHT RUN
11 INTO A SPIKE.
12 AND THOSE WERE THE THINGS THAT EARTH FIRST IMMEDIATELY
13 BECAME FAMOUS FOR. THOSE WERE SENSATIONAL THINGS FOR THE MEDIA
14 TO REPORT ON. I THINK THAT THAT WAS A CENTRAL THING IN THE
15 CONCEPT OF IT. WE CAN'T GET ANY ATTENTION TO THE CAUSE OF
16 PROTECTING THE ENVIRONMENT BY MORE CONVENTIONAL MEANS. WE NEED
17 TO DO SOMETHING THAT WILL MAKE THE PRESS AND THE PUBLIC PAY
18 ATTENTION TO US. AND THAT WAS WHERE THAT STARTED. BY THE TIME
19 JUDI GOT INVOLVED IN EARTH FIRST, AND HERE IN CALIFORNIA, IN
20 THE LATE 80'S, THERE HAD BEEN A LITTLE OF THAT ACTUAL ACTIVITY
21 GOING ON. THERE HAD BEEN A WHOLE LOT MORE TALK ABOUT IT.
22 DARRYL WAS HERE IN CALIFORNIA. HE HAD STARTED WORKING
23 WITH EARTH FIRST IN ABOUT 1986, EARLIER '87. JUDI MET HIM AND
24 OTHERS PROBABLY IN '87 EARLY '88 AND GOT ORGANIZED INTO THIS
25 MOVEMENT, ENVIRONMENTAL MOVEMENT, NOT TO DO SABOTAGE BUT TO DO
16
1 PUBLIC DEMONSTRATIONS. JUDI CAME OUT OF THE ANTIWAR MOVEMENT
2 WHEN SHE WAS IN HIGH SCHOOL. SHE CAME FROM BALTIMORE, GREW UP
3 IN A MIDDLE CLASS HOUSEHOLD.
4 SHE HAD BEEN, AS SHE GOT OLDER, SHE HAD BEEN WORKING
5 IN A DEPARTMENT STORE. SHE BECAME A MEMBER OF THE RETAIL
6 CLERKS UNION. SHE THEN BECAME AN ORGANIZER AND LED A STRIKE OF
7 THE RETAIL CLERKS IN HER AREA. SHE HAD WORKED IN THE POST
8 OFFICE THERE. SHE WORKED IN A BIG POSTAL DISTRIBUTION CENTER
9 IN BALTIMORE, OUTSIDE BALTIMORE, AND HAD GOTTEN INTO THE UNION
10 THERE AND HAD BECOME AN ORGANIZER, AND AGAIN, A WILD-CAT STRIKE
11 LEADER, AND HAD ESTABLISHED HERSELF AS AN ACTIVIST AND AS AN
12 "AGINNER", YOU KNOW, A DISSENTER, A PERSON WHO HAD STRONG
13 CRITIQUE OF THINGS AS THEY ARE IN OUR SOCIETY AND MEANT TO
14 DEVOTE HER LIFE AS MUCH AS SHE COULD TO CHANGING THINGS AND TO
15 CHANGING THEM THROUGH ACTIVISM. AND SHE BELIEVED IN THAT IN A
16 STRONG CENTRAL WAY AND THAT WAS WHO SHE WAS.
17 THAT'S ALSO THE KIND OF PERSON DARRYL CHERNEY IS. AND
18 THE KIND OF THINGS HE ALSO BELIEVES AND THEY HAD GOT A GREAT
19 RAPPORT AND FOR A WHILE LOVERS, AND HAD BEGUN TO DO ORGANIZING
20 TOGETHER. AND ONE THING IN PARTICULAR YOU'LL HEAR ABOUT IS
21 WHENEVER THEY DID RALLIES AND DEMONSTRATIONS, THEY ALSO SANG.
22 THEY PLAYED THE GUITAR AND JUDI PLAYED THE FIDDLE.
23 DARRYL PLAYS A GUITAR. HE'S QUITE A PRODIGIOUS
24 PERFORMER AND SONG WRITER. HE WOULD WRITE SATIRICAL SONGS
25 ABOUT THINGS THAT WERE GOING ON. IT BECAME MORE AND MORE, IN
17
1 NORTHERN CALIFORNIA, THEY'RE AGAINST THE BIG LOGGING COMPANIES
2 AND WHAT THEY WERE DOING.
3 AND THEY WOULD GO OUT AND DARRYL WOULD COMPOSE THESE
4 SONGS ABOUT THIS GUY'S THE HEAD OF THIS COMPANY, OR THESE GUYS
5 IN THIS INCIDENT. AND THEY WOULD SING SONGS AND HAVE RALLIES
6 AND DEMONSTRATIONS. THEY DID TREE SITS. THEY WOULD GET A
7 PERSON UP IN A BIG TREE THAT WAS PLANNED TO BE CUT, AND THEY
8 COULD RIG A PLATFORM UP THERE 70, 80, 150 FEET IN THE AREA ON A
9 BIG OLD REDWOOD OR DOUGLAS FIR. AND A PERSON WOULD STAY UP FOR
10 DAYS. YOU MIGHT HAVE HEARD OF A PERSON UP THERE A COUPLE YEARS
11 AGO IN A TREE RECENTLY IN ORDER TO SAVE THAT ONE BIG TREE FROM
12 THE LOGGING ACTION?
13 AND THEY DID THAT. THEY DID SIT-INS AT DIFFERENT
14 TIMES AND PLACES, WORKED THROUGH THE SYSTEM AS MUCH AS THEY
15 COULD, WENT TO HEARINGS. THEY WOULD COME IN AND OPPOSE TIMBER
16 HARVEST PLANS WHEN THEY WERE FILED. AND PEOPLE -- THEY
17 ORGANIZED LOCAL PEOPLE, AND OTHER ACTIVISTS WOULD GO AND TEND
18 THESE HEARINGS AND TESTIFY. THEY DID RESEARCH, HELPED PASS
19 SOME LAWS IN THE STATE OF CALIFORNIA THAT WERE AT LEAST SOME
20 ATTEMPT INVOLVED IN CONTROLLING THE LOGGING AND REGULATING THE
21 LOGGING BECAUSE OF THE EFFECT IT HAD ON THE ENVIRONMENT AND IT
22 HAD ON -- PARTICULARLY ON THE WATERSHED IN NORTH COUNTIES.
23 WHEN THEY'RE LOGGING ON HILLSIDES, WHEN THE TREES ARE
24 GONE, THERE'S NOTHING TO HOLD THE SOIL. IT WASHES DOWN INTO
25 THE RIVERBEDS AND CHOKES THE FISH. THE BREEDING GROUNDS ARE
18
1 CUT OFF, STUFF LIKE THAT. AND THEY WORKED VERY HARD TO TRY
2 BOTH TO BRING THIS TO PUBLIC CONSCIOUSNESS THE NEED TO -- FOR
3 CHANGE AND THE NEED FOR PRESSURE FOR CHANGE. AND ALSO, TO
4 IMPEDE THE -- THOSE LOGGING OPERATIONS BY DIRECT ACTION.
5 THERE WERE THREE BIG CORPORATIONS OPERATING IN THE
6 LOGGING BUSINESS IN NORTHERN CALIFORNIA THEN LOUISIANA PACIFIC,
7 GEORGIA PACIFIC, AND PACIFIC LUMBER. PACIFIC LUMBER IN
8 PARTICULAR HAD BEEN TAKEN OVER BY ONE OF THESE CORPORATE
9 RAIDERS, A GUY NAME HOROWITZ FROM TEXAS WHO BOUGHT IT AND USED
10 JUNK BONDS TO FINANCE THE PURCHASE OF THE CORPORATION OR THE
11 TAKEOVER OF THE CORPORATION. AND THEN TO THEIR DAMAGE, TRIPLED
12 THE CUT OF TREES IN ORDER TO PAY OFF THE JUNK BONDS AND SUCK
13 ALL THE PROFIT OUT OF THE FOREST AS FAST AS THEY COULD.
14 JUDI WAS SAYING FROM THE BEGINNING THAT WE -- THE
15 CORPORATIONS ARE THE ONES WE'RE AGAINST. THE LOGGERS ARE NOT
16 THE ONES WE'RE AGAINST. IN FACT, WE HAVE TO REACH OUT TO
17 LOGGERS AND TIMBER WORKERS AND MILL WORKERS BECAUSE WHEN THOSE
18 TREES ARE CUT, THAT'S THE END OF THE JOBS. THAT'S THE END OF
19 THE ECONOMY IN THESE COMMUNITIES BECAUSE THERE IS NOTHING ELSE
20 FOR COMPANIES TO DO. THEY'RE GOING TO CUT AND RUN.
21 AND SHE WAS TALKING ABOUT THAT FROM THE VERY BEGINNING
22 OF -- WHEN SHE GOT INVOLVED. AND SHE HAD IN FACT BEGUN TO
23 REACH OUT TO THE LOGGERS, AND SHE HAD MADE A BUNCH OF CONTACTS
24 WITH PEOPLE, WITH WORKERS IN THE TIMBER INDUSTRY, MILL
25 INDUSTRY. AND THIS WAS ONE OF THE THINGS WE BELIEVE THAT DREW
19
1 A LOT OF SPECIAL ATTENTION TO HER BECAUSE SHE WAS REALLY
2 EFFECTIVE IN THIS CASE.
3 THE OTHER THING SHE HAD DONE AND BEGUN TO DO AND HAD
4 DONE BY THE TIME SHE WAS BOMBED WAS TO INSIST THAT WITHIN EARTH
5 FIRST THAT THE SABOTAGE STUFF, THE MONKEY WRENCHING, TREE
6 SPIKING, ANY OF THAT STUFF HAD TO GO, HAD TO STOP. AND THE
7 MOVEMENT HAD TO BE NONVIOLENT AND STRICTLY NONVIOLENT BECAUSE
8 THERE WAS NO GETTING AWAY FROM THE NEGATIVE EFFECT, JUST THE
9 IMAGE OF TREE SPIKING HAD ON PEOPLE, HAD ON THE PUBLIC, HAD ON
10 THE PEOPLE IN THE TIMBER COMMUNITY, HAD ON THE WORKERS BECAUSE
11 IT SEEMED TO THREATEN THEM DIRECTLY, WHICH, OF COURSE, IT DID.
12 SHE SAID THIS IS COUNTERPRODUCTIVE. I DON'T CARE WHAT
13 THE PEOPLE WHO STARTED THIS MOVEMENT THOUGHT WE OUGHT TO DO.
14 WE SHOULDN'T DO IT. AND WE'VE GOT TO TURN THAT IMAGE AROUND.
15 WE'VE GOT TO REASSURE THE PEOPLE IN THESE COMMUNITIES AND THE
16 WORKERS THAT WE'RE NOT ABOUT THAT, AND THAT WE'RE GOING TO BE
17 NONVIOLENT AND MILITANTLY NONVIOLENT.
18 AND THE REDWOOD SUMMER CAMPAIGN IN WHICH WAS BEING
19 PLANNED AT THAT TIME OF THE BOMBING, WHICH WAS GOING TO HAPPEN
20 OVER THAT SUMMER, WAS EXPLICITLY MODELED AFTER MISSISSIPPI
21 SUMMER. IT WAS ABOUT NONVIOLENCE. NONVIOLENCE WAS CENTRAL TO
22 THE APPROACH. AND THAT WAS THE WAY IT WAS ADVERTISED TO PEOPLE
23 THEY WERE TRYING TO GET TO COME AND SUPPORT IT.
24 YOU HAD TO SIGN A PLEDGE, AND GO THROUGH TRAINING HOW
25 TO BE NONVIOLENT, HOW TO BE NONVIOLENT IN THE FACE OF VIOLENCE
20
1 BECAUSE IN THE TIME LEADING UP TO THE BOMBING, AND THE ACTIONS
2 THAT THEY HAD DONE UP THERE, THEY HAD RECEIVED A LOT OF
3 HOSTILITY, A LOT OF THREATS. THEY HAD BEEN MET WITH SILENCE.
4 THEY HAD -- A COUPLE PEOPLE HAD BEEN BEAT UP. AND THERE HAD
5 BEEN A LOT OF THREATS AND SOME OF THEM VERY PUBLIC.
6 SHE WENT TO A COUNTY BOARD MEETING WITH A COUPLE OF
7 LOGGERS THAT HAD -- WERE BEGINNING TO SEE EARTH FIRST'S WAY A
8 LITTLE BIT. AND THEY HAD THEIR -- LOUISIANA PACIFIC HAD JUST
9 ANNOUNCED THEY WERE GETTING READY TO SHUT A MILL OR SHUT
10 ANOTHER MILL. AND SHE TOLD THE COUNTY BOARD THEY OUGHT TO TAKE
11 OVER THOSE MILLS BY THE POWER OF EMINENT DOMAIN SO THE ECONOMY
12 OF THE TOWN WOULD NOT COLLAPSE.
13 AND WE BELIEVE THIS WAS ANOTHER THING THAT DREW A LOT
14 OF NOTICE AND ATTENTION FROM PEOPLE SOMEWHERE ON THE OTHER SIDE
15 THAT WERE INCREASINGLY AWARE OF THE POWER OF HER ORGANIZING AND
16 THE STRENGTH OF HER VOICE AND THE THREATS THAT SHE POSED TO
17 THEM OR TO THEIR ABILITY TO TAKE PROFIT OUT OF THESE FORESTS ON
18 THEIR OWN TERMS.
19 THERE HAD BEEN, IN ADDITION TO THE OPEN THREATS AND
20 HOSTILITY THAT THEY HAD ENCOUNTERED, THERE HAD BEEN A NUMBER OF
21 WRITTEN THREATS AND ANONYMOUS THREATS, SEEMED LIKE DEATH
22 THREATS, SEEMED TO BE QUITE UNCONDITIONAL. GET OUT AND GO BACK
23 WHERE YOU CAME FROM. YOU WON'T GET A SECOND WARNING, ONE OF
24 THEM SAID.
25 ANOTHER ONE WAS MAILED TO THE OFFICE THAT THEY HAD UP
21
1 THERE. A PICTURE OF HER CUT OUT OF A NEWSPAPER WITH A RIFLE
2 SCOPE, CROSS HAIRS, WRITTEN ACROSS HER FACE. AND THERE WERE,
3 YOU KNOW, QUITE A NUMBER OF THESE UP TO MAYBE A DOZEN IN
4 WRITING ON PAPERS. AND THEY HAD COPIES OF THEM WHEN THEY WERE
5 BOMBED IN THE CAR.
6 AND THEY HAD COPIES AS WELL OF TWO OR THREE DOCUMENTS
7 THAT GOT UP TO LOOK LIKE THEY WERE PRESS RELEASES FROM EARTH
8 FIRST. AND THEY HAD -- WOULD HAVE THE LOGO ON IT AND THE NAME
9 EARTH FIRST AT THE TOP, AND THEN THE WRITING WOULD SAY WE DON'T
10 BUY THIS NONVIOLENCE STUFF. WE'RE GOING TO FIGHT. WE'RE GOING
11 TO DO WHAT WE HAVE TO DO, BLAH, BLAH, IF WE HAVE TO RESORT TO
12 VIOLENCE, THAT'S WHAT WE'RE GOING TO DO.
13 THESE WERE FAKES. THEY HAD BEEN GOT UP BY SOMEONE ON
14 THE OTHER SIDE, AGAIN, TO DISCREDIT THEM, AGAIN, TO TURN PEOPLE
15 AGAINST THEM. AND THEY WERE PASSED OUT IN THE BREAK ROOMS AND
16 TO -- AT THE MILLS AND PASSED OUT IN THE LAUNDROMATS IN LOGGING
17 TOWNS AND PASSED OUT -- THEY WERE NOT PASSED OUT BY ANYONE IN
18 EARTH FIRST AND NO ONE IN EARTH FIRST EVER HEARD OF THEM.
19 THEY HAD DARRYL'S NAME SPELLED WRONG, DIDN'T HAVE A
20 CONTACT NUMBER, A PHONE NUMBER, WHICH THEY ALWAYS WOULD PUT.
21 THEY HAD -- ONE OF THEM WAS SIGNED BY EARTH FIRST IN ARCATA.
22 THERE WAS NO EARTH EARTH FIRST GROUP IN ARCATA AND SO FORTH.
23 THEY WERE -- LIKE THE THREATS, THESE DOCUMENTS WERE
24 SERIOUS INDICATIONS OF THE HOSTILITY ON THE OTHER SIDE, OF THE
25 DANGER TO THE EARTH FIRSTERS THAT HAD BEEN ARISEN BECAUSE OF
22
1 THE INTENSITY OF THE FEELINGS THAT CAME OUT OF THEIR MAKING
2 THESE PROTESTS.
3 THERE WAS ANOTHER MEETING AT THE COUNTY BOARD WHERE
4 JUDI WAS TRYING TO LAY OUT WHAT THE PLAN WAS FOR REDWOOD SUMMER
5 AND PERSUADE EVERYONE THEIR INTENTIONS WERE NOT VIOLENT IN ANY
6 WAY, AND THEY WERE COMMITTED TO NONVIOLENCE. AND SHE SHOWED
7 THE CROSS HAIRS PICTURE, THAT THREAT SHE GOT. THERE WERE A LOT
8 OF PEOPLE FROM THE OTHER SIDE IN THE ROOM. SHE SAID, HELD IT
9 UP, THE PERSON WHO SENT THIS IS PROBABLY IN THIS ROOM. AND THE
10 PERSON ON THE COUNTY BOARD SAID YOU BROUGHT THIS ON YOURSELF.
11 THEY WERE, IN SHORT, IN AN ATMOSPHERE OF WHERE THERE
12 WAS HOSTILITY, CONFLICT, YOU KNOW, APPREHENSIVENESS, ANGER, AND
13 WHICH HAD GIVEN RISE TO THESE VERY EXPLICIT THREATS AND
14 THESE -- INFORMATION ABOUT THE CIRCUMSTANCES THAT EXISTED WHEN
15 THE BOMBING TOOK PLACE THAT GOOD FAITH INVESTIGATORS WOULD HAVE
16 FOUND OUT RIGHT AWAY. THEY HAD THREATS, WRITTEN THREATS, IN
17 THEIR HANDS. THEY IGNORED THEM. THEY IGNORED ALL THAT
18 INFORMATION THAT POINTED TO THE FACT THAT JUDI AND DARRYL WERE
19 VICTIMS OF THE BOMBING. AND THAT THEY LOOKED ONLY FOR A BASIS
20 TO PROVE-UP THEIR FALSE CLAIM THEY WERE PERPETRATORS.
21 THE BIG ASPECT OF THE FRAME-UP, AS I SAID, WAS THIS
22 ISSUE ABOUT THE LOCATION OF THE BOMB INSIDE THE CAR WHEN IT
23 WENT OFF. AND YOU'RE GOING TO SEE WHEN YOU FINALLY DO SEE THE
24 PHOTOGRAPHS THAT -- AND WHEN YOU SEE THE CAR, WHICH YOU'LL SEE,
25 AND WHEN YOU HEAR FROM THE FBI'S OWN EXPERT AND ALSO FROM THE
23
1 PLAINTIFFS' EXPERT, THAT YOU'LL SEE YOURSELF ANYONE COULD SEE
2 THAT THIS BOMB WAS UNDER THE SEAT.
3 ANYONE COULD SEE THAT -- WHERE THE BOMB WAS LOCATED,
4 YOU'RE LOOKING, IT'S EITHER UNDER HERE OR IT'S BACK HERE IF
5 THIS IS THE DRIVER'S SEAT. AND YOU'LL SEE THE SEAT BLOWN UP.
6 IT'S LIKE THIS ONE WHERE THE RESCUERS TOOK HER UP OFF THE SEAT.
7 WHEN THE BOMB WENT OFF, SHE WAS DRIVING DOWN THE
8 STREET FOLLOWING ANOTHER CAR. THE YOUNG WOMAN SHANNON MARR WHO
9 WILL TESTIFY WHO WAS LEADING THEM FROM THE PLACE WHERE SHE HAD
10 SPENT THE NIGHT BACK TO A HOUSE IN BERKELEY. THEY HAD A
11 MEETING IN BERKELEY THE DAY BEFORE WITH PEOPLE FROM DOWN HERE
12 THAT WERE GOING TO HELP WITH THE REDWOOD SUMMER CAMPAIGN,
13 PARTICULARLY A GROUP NAMED SEEDS OF PEACE.
14 THERE WERE SEVERAL GROUPS THAT HAD A COALITION TO MAKE
15 REDWOOD SUMMER HAPPEN AND WERE WORKING ON IT THIS TIME IN MAY.
16 AND ASKED, AFTER THAT MEETING HAD GONE ON ALL DAY INTO THE
17 NIGHT, AND ONE OF THE PEOPLE HAD A HOUSE IN OAKLAND. HE TOLD
18 JUDI, I GOT A SPARE ROOM. YOU CAN SPEND THE NIGHT THERE. YOU
19 DON'T HAVE TO SLEEP ON THE FLOOR. YOU CAN GET AWAY FROM THE
20 CONFUSION OF ALL THESE PEOPLE. AND SHE WENT OVER THERE.
21 AND THEN DARRYL CAME OVER IN THE MORNING, AND SHANNON,
22 AND DID WORK THERE. THEY SANG THEIR SONGS, AND THEN THEY LEFT.
23 AND THEY WERE GOING TO GO BACK TO BERKELEY TO THE HOUSE BRIEFLY
24 AND GOING TO SANTA CRUZ. AND THEY HAD A CONCERT SCHEDULED AT
25 THE UNIVERSITY IN SANTA CRUZ THAT NIGHT, AN ORGANIZING EVENT
24
1 FOR REDWOOD SUMMER.
2 THEY DROVE AWAY FROM THE HOUSE AND DRIVING DOWN PARK
3 BOULEVARD, AND SHANNON WAS IN THE CAR AHEAD OF THEM. AND JUDI
4 SAID THAT SHE GOT INTO A LANE TO MAKE A LEFT-HAND TURN AND JUDI
5 SAW HER LATE, JERKED THE CAR TO TURN IT INTO THE OTHER LANE,
6 AND THAT'S WHAT HAPPENED WHEN THE BOMB BLEW UP.
7 AND THE CAR -- SHE LOST CONSCIOUSNESS AND CONTROL OF
8 THE CAR. IT COASTED DOWN THE STREET ON THE CORNER BY PARK
9 BOULEVARD AND MACARTHUR, JUST UNDER THE FREEWAY THERE, AND CAME
10 TO REST AGAINST ONE OF THOSE RAILINGS THAT THEY PUT ON THE
11 CORNER WHEN THEY DON'T WANT YOU TO MAKE A PEDESTRIAN CROSSING
12 THERE.
13 AND IT WAS -- THE CAR WAS UP AGAINST THE RAILING LIKE
14 THIS, AND THEY HAD TO CUT THE RAILING TO MOVE IT BACK OUT OF
15 THE WAY TO GET HER OUT. AND THEN THEY HAD THE FIREMEN WITH THE
16 JAWS OF LIFE, DIFFERENT TOOLS THEY HAVE TO CUT THE SIDE OF THE
17 CAR OUT, IT WAS THE DOOR AND -- OFF AND TO GET A BOARD
18 UNDERNEATH HER, A BODY BOARD UNDERNEATH HER BODY IN THE CHAIR
19 AND LIFT IT OUT AND PUT HER ON THE GURNEY TO GO IN THE
20 AMBULANCE.
21 THE FIREMAN WILL TESTIFY HE OPENED THE BACK DOOR AND
22 GOT IN BEHIND HER, HELD HER HEAD HERE, AND PUT THE SEAT BACK A
23 LITTLE BIT. AND THEN WHEN THEY PICKED HER UP OFF THE DRIVER'S
24 SEAT, HE HAD TO DISENGAGE SOME OF THE SPRINGS IN THE SEAT FROM
25 THE FLESH IN HER BUTT WHERE THE BOMB HAD BLOWN UP THE SEAT
25
1 ASSEMBLY INTO HER. AND SO THAT THEY COULD GET THE BOARD ALL
2 THE WAY UNDER AND LIFT HER OUT.
3 AND AFTER THAT WAS DONE, THE OAKLAND POLICE EVIDENCE
4 PEOPLE WERE ON THE SCENE RIGHT AWAY AND TOOK PICTURES. THOSE
5 WERE THE PICTURES YOU'LL SEE. AND THERE IS ALSO SOME NEWS
6 FOOTAGE AT THE TIME. BY THE TIME THEY COULD GET HER OUT, THE
7 NEWS WAS ON THE SCENE. AND THIS IS ON VIDEOTAPE THAT -- AND
8 YOU'LL SEE THE SEAT IS ALL PULLED UP HERE WHERE THE BOMB HAD --
9 THE FORCE OF THE BOMB HAD DRIVEN UP THROUGH THE SEAT INTO HER.
10 AND THEN THERE'S A HOLE IN THE FLOOR OF THE CAR THAT
11 STARTS BACK HERE BEHIND THE SEAT. THE FIREMAN ACTUALLY SAID HE
12 STOOD ON THE PAVEMENT WITH HIS FEET THROUGH THE HOLE IN THE
13 FLOOR OF THE CAR. AND THE HOLE GOES FROM THE FRONT OF THE --
14 TO THE FRONT OF THE SEAT ALMOST TO THE FOOT PEDALS, A HUGE OPEN
15 GAPING HOLE IN THE FLOOR PAN OF THE CAR AFTER THE SEAT IS TAKEN
16 OUT, WHICH YOU'LL SEE.
17 AND THE BOMB HAD BEEN UNDER THE SEAT IN THE WELL UNDER
18 THE SEAT AND WHERE IT WAS SURROUNDED ON THREE SIDES BY THE
19 DRIVE TRAIN HOUSING, WHERE THE GEAR SHIFT, EMERGENCY BREAK IS
20 ON THE RIGHT SIDE, AND BY THE FRAME OF THE CAR COMING UP ON THE
21 LEFT SIDE. AND THERE'S A BRACE ACROSS -- PIECE UNDER THE -- ON
22 THE FLOOR TOWARDS THE FRONT OF THE CAR, THE SEAT. AND THE BOMB
23 LOOKED AS IF IT HAD BEEN SNUG UP AGAINST THE BRACE, WHICH IS
24 BLOWN AWAY.
25 AND IT HAD -- SO THERE WAS OPEN SPACE BEHIND THE SEAT
26
1 TO FORCE -- MUCH OF THE FORCE OF THE BOMB, OTHER THAN WHAT WENT
2 DOWN, BLEW THE HOLE, AND WENT UP INTO HER, CAME OUT THIS WAY
3 AND WENT UP THE BACK OF THE SEAT AND TORE IT APART. AND YOU'LL
4 SEE ALSO THAT APPARENTLY THE FORCE OF THE BOMB WENT TO THE
5 RIGHT AND HIT THE DRIVE TRAIN HOUSING, THAT HUMP IN THE CAR,
6 AND WENT UP AND DROVE THE ROOF OF THE CAR UP LIKE THIS. YOU'LL
7 SEE THAT TOO, LIKE A TENTED EFFECT IN THE FRONT OVER THE
8 WINDSHIELD WHERE IT WOULD BE FLAT UP LIKE THIS, JUST TO THE
9 RIGHT IN THE MIDDLE OF THE CAR.
10 THESE THINGS -- AND THERE ARE SEVERAL DETAILS TO IT,
11 TO THE -- WHAT YOU WOULD SAY THE ANALYSIS OF THE PHYSICAL CAR
12 AFTER THE BOMB HAD EXPLODED FROM WHICH YOU COULD SEE VERY
13 PLAINLY, AND I BELIEVE YOU'LL ALL SEE VERY PLAINLY WITHOUT ANY
14 DOUBT, THAT THE BOMB WAS UNDER THE SEAT. AND THERE'S NO
15 QUESTION ABOUT IT BUT THE AGENTS, IN PARTICULARLY MR. DOYLE,
16 INSISTED THAT THE BOMB HAD BEEN IN THE BACKSEAT AT THE
17 BEGINNING OF THE HOLE WHERE IT WOULD HAVE BLOWN IN BOTH
18 DIRECTIONS BECAUSE THAT'S THE WAY BOMBS BLOW IN SPHERICAL WAY.
19 WHEREVER THE EXPLOSION TAKES PLACE, IT COMES OUT ALL
20 DIRECTIONS.
21 AND SO THAT IS ONE PARTICULAR OF THE TECHNICAL
22 EVIDENCE THAT A BOMB DOESN'T BLOW A HOLE IN ONE DIRECTION. IT
23 BLOWS IT IN BOTH DIRECTIONS OR ALL DIRECTIONS. AND THAT IS THE
24 KIND OF THING THAT WE WOULD SAY WOULD HAVE TOLD HIM, WOULD HAVE
25 TOLD ANYONE, BUT CERTAINLY WOULD HAVE TOLD A NUMBER OF TRAINED
27
1 BOMBING INVESTIGATORS, DIFFERENT LEVELS OF EXPERIENCE AND
2 EXPERTISE THAT CAME TO THE SCENE AT VARIOUS TIMES, THAT THE
3 BOMB WAS UNDER THE SEAT, THERE WAS REALLY NOT MUCH DOUBT ABOUT
4 IT.
5 BUT WHAT HAPPENED WAS THE OPPOSITE. THE CONSENSUS WAS
6 DEVELOPED AND YOU'LL HEAR THEM ASSERT IT THAT THE BOMB HAD BEEN
7 IN OPEN VIEW IN THE BACKSEAT. AND THERE WERE INDEED OTHERS
8 BESIDES THE DEFENDANTS WHO SUPPOSEDLY OR APPARENTLY OR MAY COME
9 IN HERE AND AFFIRM THEY DID BELIEVE THAT. BUT IT WASN'T TRUE.
10 AND YOU CAN'T -- IT'S UNSUPPORTABLE, AND YOU'LL SEE THAT.
11 YOU'LL SEE A NUMBER OF THINGS I SAID. I'M GETTING
12 AHEAD OF MYSELF. THERE WERE OTHER -- THERE WERE OFFICERS FROM
13 THE OAKLAND DEPARTMENT, COLLEAGUES OF SERGEANT SITTERUD AND
14 CHENAULT, LIEUTENANT SIMS WHO WERE ASSIGNED TO BOMB
15 INVESTIGATION DUTY, WHO SAID THAT -- VARIOUSLY THAT THEY WOULD
16 SUPPORT THE CONSENSUS THAT THE BOMB WAS BEHIND THE SEAT.
17 ONE IN PARTICULAR, SERGEANT HANSON, HAD JUST BEEN TO A
18 BOMB SCHOOL IN EUREKA AT COLLEGE OF THE REDWOODS THAT WAS
19 CONDUCTED BY THE FBI AND IN WHICH MR. DOYLE WAS THE MAIN
20 INSTRUCTOR. AND SERGEANT HANSON SAID I WASN'T ABOUT TO
21 AGREE -- DISAGREE WITH MY TEACHER. THERE WERE OTHER FBI
22 AGENTS. THERE WAS AN AGENT FROM ALCOHOL, TOBACCO, AND
23 FIREARMS, COUPLE OF THEM.
24 ONE WAY OR ANOTHER IT WILL BE REPRESENTED THAT THEY
25 ALL AGREED THAT THE BOMB MUST HAVE BEEN IN OPEN VIEW. BUT
28
1 YOU'RE GOING TO SEE FROM THE PHYSICAL EVIDENCE THAT THEY WOULD
2 HAVE KNOWN IT WASN'T TRUE, AND THEY WEREN'T REALLY STANDING
3 BEHIND THEM IN ANY EVENT. THAT PEOPLE WHO STOOD BEHIND IT WERE
4 THE DEFENDANTS, FBI DEFENDANTS, MR. REIKES AND MR. DOYLE, AND
5 THE OAKLAND DEFENDANTS WHO ADOPTED THIS AS THE BASIS FOR THE
6 ARREST AND FOR THE SEARCH WARRANT. AND THE SEARCH WARRANT
7 AFFIDAVIT THAT SERGEANT CHENAULT WROTE.
8 I LOOKED AT THE CAR WITH FBI AGENTS. AGENT DOYLE IS
9 VERY EXPERIENCED. HE RECITED THE EXPERIENCE. YOU'LL READ THE
10 DOCUMENTS. HE TOLD ME HIS OPINION WITH THE LOCATION OF THE
11 BOMB WAS BASED ON A LARGE HOLE IN THE CAR, THAT IT HAD BEEN AT
12 THE REAR SEAT FLOOR BOARD.
13 AND THERE WILL BE A CLAIM, I THINK, WELL, WE DIDN'T
14 LOOK AT IT AS CLOSELY AS WE MIGHT HAVE. WE DIDN'T SEE -- WE
15 COULDN'T SEE IT BECAUSE OF THE SEAT WAS IN THE WAY. BUT, IN
16 FACT, YOU'LL SEE FROM THE PHOTOGRAPHIC RECORD THAT THE SEAT WAS
17 OUT OF THE CAR WHILE THE CAR WAS STILL AT THE SCENE. AND
18 EVERYBODY CAN SEE THE SHAPE OF THE HOLE, THE SIZE OF THE HOLE,
19 AND THE HOLE IN THE SEAT.
20 AND THEY COULD SEE ALSO THE FACT THAT THE BACKSEAT,
21 WHICH IS RIGHT WHERE -- WOULD BE ABOUT HERE, A BENCH SEAT IN
22 FRONT OF WHERE THE BOMB SUPPOSEDLY WENT OFF, WAS REALLY NOT
23 DAMAGED AT ALL. THERE'S A SEAM ON THE SEAT COVER THAT WAS
24 RIPPED. AND YOU CAN SEE THE FOAM RUBBER CUSHION OF THE SEAT
25 SHOWING THROUGH IT. BUT IT'S NOT BURNED UP. IT'S NOT RIPPED
29
1 APART. IT'S NOT DESTROYED BY THE FORCE OF THE BOMB GOING OFF
2 RIGHT NEXT TO IT, AS THIS SEAT WAS. IT IS PRETTY WELL INTACT.
3 AND EVEN MORE THAN THAT, YOU'RE GOING TO SEE, AND
4 YOU'RE GOING TO SEE THIS VERY GRAPHICALLY, I WISH I COULD SHOW
5 YOU NOW, OF THE TWO DOORS ON THE DRIVER'S SIDE. THE FRONT DOOR
6 IS BLOWN OUT WITH A HUGE BULGE IN THE BOTTOM, ALL SMASHED UP
7 AND JAMMED IN THERE. AND THEY HAD TO USE THE JAWS OF LIFE TO
8 SPREAD THE DOOR TO POP IT OPEN.
9 BUT THE BACK DOOR WASN'T AFFECTED. THE BACK DOOR WAS
10 UNDAMAGED. THERE'S A LITTLE BIT OF FACING ON THE INSIDE,
11 RIPPED OFF. IN FACT, THE FIREMAN WHO CAME, FIRST MAN WHO CAME
12 THERE, WILL TELL YOU HE WALKED UP AND OPENED THAT CAR AND GOT
13 INTO THE CAR BEHIND HER AND REACHED DOWN TO HOLD HER HEAD
14 STEADY AND GET HER OXYGEN AND HOLD HER HEAD AND NECK STEADY SO
15 THERE WOULD BE NO CERVICAL DAMAGE BY ANY MOVEMENT BEFORE THEY
16 WERE ABLE TO BRACE HER HEAD WITH THE BODY BOARD AND KEEP IT.
17 SO THAT'S WHAT YOU DO WHEN AN ACCIDENT OR OCCASION OF THAT
18 TYPE, IMMOBILIZE THE PERSON TO PROTECT THE NECK AND SPINE.
19 AND HE WALKED IN THAT DOOR. BUT THE FRONT DOOR WAS
20 SMASHED UP AGAINST THIS RAILING, CUT THE RAILING AWAY. THEY
21 OPENED THE DOOR THIS WAY, THE FRONT DOOR. THEN THEY CUT THE
22 DOOR POST RIGHT UP HERE AND THE FRAME DOWN HERE, AND WAS BLOWN
23 APART OVER THERE SO THEY COULD TAKE THE WHOLE BACK DOOR
24 ASSEMBLY OFF, SEE IT LYING ON THE PAVEMENT. THE DOOR IS
25 UNDAMAGED, AND THE OTHER DOOR IS ALL BLOWN OUT. THAT'S
30
1 PROBABLY THE SINGLE MOST GRAPHIC THING YOU'LL SEE THAT THE BOMB
2 WAS NEXT TO THE FRONT DOOR, WHICH IS ALL BLOWN UP, AND NOT NEXT
3 TO THE BACK DOOR, WHICH IS NOT DAMAGED.
4 THAT DIDN'T -- NONE OF THAT, AND THERE'S CERTAINLY
5 MORE TO IT, AFFECTED THEM OR DETERRED THEM FROM GOING AHEAD
6 WITH THIS ARREST BASED ON THE IDEA THE BOMB WAS IN OPEN VIEW,
7 NOR DID THE LETTER THEY GOT FROM THE LORD'S AVENGER, APPARENT
8 RELIGIOUS FANATIC, YOU'LL SEE YOURSELVES. YOU CAN MAKE YOUR
9 OWN JUDGMENT. WE DON'T HAVE THE LANGUAGE, THE WRITING, THE
10 RHETORIC IN THIS LETTER. SEEMS QUITE AUTHENTIC, ALTHOUGH,
11 FANATICAL AND CRAZY.
12 IT'S CONSISTENT, THOROUGH GOING THROUGHOUT THE TEXT OF
13 THREE PAGES OF CLOSELY TYPED WRITING, FULL OF QUOTATIONS FROM
14 THE BIBLE THAT SUPPOSEDLY BEAR OUT THE VIEWS THAT ARE BEING
15 EXPRESSED, AND THE REASONS THAT THE WRITER GIVES FOR ATTACKING
16 JUDI IN TRYING TO KILL HER. AND THEN HE EXPRESSED SATISFACTION
17 SHE DIDN'T DIE. NOW SHE IS GOING TO LIVE IN PAIN. THE
18 EXPRESSED THE SATISFACTION THAT EVEN THOUGH HE SAID HE HAD PUT
19 THE BOMB IN THE CAR, WHOLE DAY BEFORE 24 HOURS OR SO BEFORE,
20 THAT THE LORD STAYED THE HAND OF THE CLOCK SO IT DIDN'T GO OFF
21 UNTIL THE DEVIL WOMAN'S CONSORT WAS IN THE CAR WITH HER THE
22 NEXT DAY AND COULD ALSO TASTE THE VENGEANCE OF THE LORD'S
23 AVENGER. THEY DIDN'T INVESTIGATE THAT. THEY ASSOCIATED IT
24 WITH JUDI INSTEAD.
25 THERE WAS A LOT OF CONTROVERSY ABOUT THIS CASE BECAUSE
31
1 EARTH FIRST DIDN'T LIE DOWN OR SIT STILL FOR IT. THEY WERE
2 DOWN AT THE POLICE STATION IMMEDIATELY. JUDI AND DARRYL WERE
3 UNDER ARREST 3:00 O'CLOCK THAT AFTERNOON. THREE HOURS AND FOUR
4 OR FIVE MINUTES AFTER THE EXPLOSION. JUDI IS IN SURGERY.
5 DARRYL IS IN THE EMERGENCY ROOM BEING TENDED TO.
6 YOU'LL SEE A POLICE REPORT THAT IS FILLED OUT, TIME OF
7 ARREST 1500 HOURS ON MAY 24TH, 3:00 O'CLOCK IN THE AFTERNOON.
8 ANOTHER POLICE REPORT, I WAS CALLED TO DUTY AT 4:00 O'CLOCK IN
9 THE AFTERNOON TO GUARD A PRISONER -- AND IT WAS DARRYL IN THE
10 HOSPITAL -- AND THEN TO TAKE HIM DOWNTOWN TO THE POLICE
11 STATION.
12 A GOOD FRIEND OF THEIRS WHO WAS A BAY AREA EARTH FIRST
13 PERSON KAREN PICKETT, WHO YOU'LL HEAR TESTIFY, CAME TO THE
14 HOSPITAL TO FIND OUT WHAT HAD HAPPENED AND THEIR CONDITION AND
15 TRY AND DO SOMETHING. SHE WAS TAKEN INTO CUSTODY.
16 SHANNON MARR WHO WAS DRIVING THE OTHER CAR WAS TAKEN INTO
17 CUSTODY. DAVID KEMNITZER WHO'S HOUSE IT WAS JUDI STAYED IN
18 NIGHT BEFORE WAS TAKEN INTO CUSTODY. THE HOUSE OF SEEDS OF
19 PEACE, THEY WENT THERE TO MAKE SURE THERE WERE NO MORE BOMBS
20 THERE. THEY ARRESTED EVERYBODY --
21 MS. BEE: OBJECTION, YOUR HONOR. VIOLATES THE COURT'S
22 ORDER.
23 MR. CUNNINGHAM: I DON'T THINK SO, JUDGE.
24 THE COURT: TRY TO STAY AS FAR AWAY FROM THAT AS
25 POSSIBLE.
32
1 MR. CUNNINGHAM: THE PEOPLE WERE TAKEN INTO CUSTODY AT
2 THE POLICE STATION. AND SO THERE WAS A HUGE FERMENT IN THEIR
3 GROUP WITH EVERYBODY THEY KNEW AND CAME THERE, AND PRESS CAME
4 THERE, AND THE PEOPLE -- MOST OF THE PEOPLE IN CUSTODY, THE
5 OTHER PEOPLE WERE RELEASED THROUGH THE EVENING.
6 DARRYL WAS QUESTIONED. HE -- AND HE WAS QUESTIONED BY
7 BOTH POLICE OFFICERS AND FBI AGENTS WHO ULTIMATELY ACCUSED HIM.
8 HE ASKED FOR A LAWYER. THEY WOULDN'T GET HIM ONE. HE WAS
9 BOOKED INTO THE JAIL. AND HIS ARREST REPORT WAS FILLED OUT AT
10 3:00 A.M. IN THE MORNING, THE NEXT MORNING. BUT HE WAS UNDER
11 ARREST. AND YOU'LL BE INSTRUCTED ON THE LAW OF ARREST.
12 ALSO, IMMEDIATELY -- IMMEDIATELY BEFORE ANY OF THIS
13 EVIDENCE COULD BE ANALYZED, BEFORE ANY ATTEMPT COULD BE MADE TO
14 SORT OUT WHAT HAPPENED, BEFORE HE HAD A FOLDER WITH COPIES OF
15 ALL THESE THREATS AND THE FAKE PRESS RELEASES IN HIS BACKPACK,
16 JUDI HAD ONE IN A DUFFLE BAG. SHE HAD ONE IN A BACKPACK, A BOX
17 OF FILES IN THE CAR. THEY WERE ALL IN THE POSSESSION OF THE
18 POLICE. THEY DIDN'T BOTHER TO LOOK AT THEM. THEY DIDN'T
19 BOTHER TO LOOK AT ANYTHING THAT WOULD HAVE GOTTEN IN THE WAY OF
20 PUTTING THEM UNDER ARREST AND TELLING THE PRESS THESE ARE THE
21 PEOPLE. THIS IS THE CASE, AND WE BELIEVE THAT EARTH FIRST,
22 THESE ARE EARTH FIRSTERS, WERE CARRYING THIS BOMB.
23 THE CONTROVERSY HAD GONE ON THEN IN THE FOLLOWING DAYS
24 AND NEXT COUPLE WEEKS. THEY FINALLY -- AND THEY SENT -- AS I
25 SAID, THE FBI TOOK POSSESSION OF ALL THE PHYSICAL EVIDENCE OF
33
1 THE BOMBING, ALL THE STUFF TAKEN FROM THE CARS, ALL THE STUFF
2 TAKEN FROM THEIR HOMES, STUFF THAT WAS TAKEN FROM THE OTHER
3 PEOPLE. AND THEY WERE GOING TO ANALYZE THIS IN THEIR LAB. AND
4 THE PROSECUTOR, AS I SAID, WAS WAITING FOR THIS ANALYSIS AT THE
5 LAB TO DECIDE WHETHER OR NOT HE SHOULD ACTUALLY FILE THE
6 CHARGES.
7 BUT AS IT HAPPENED, THEY DIDN'T SEND IT TO THE LAB.
8 THEY SAT ON IT IN THE FBI OFFICE IN SAN FRANCISCO FOR THE NEXT
9 WEEK. AND ONLY WHEN THAT LETTER CAME AND WAS PUBLICIZED THAT A
10 LETTER HAD COME DESCRIBING THE BOMBS AND -- DID THEY FINALLY
11 TAKE THE EVIDENCE TO WASHINGTON DC. AND I SAID BOMBS PLURAL.
12 THERE HAD BEEN ANOTHER BOMB SET OFF AT A LUMBER MILL IN
13 CLOVERDALE, NORTH SONOMA COUNTY, JUST A COUPLE WEEKS EARLIER.
14 IT HAD NOT REALLY GONE OFF. IT HAD BEEN RIGGED WITH A
15 GAS CAN, PUT ON THE PORCH OF AN OFFICE OF THE LUMBER COMPANY.
16 THE PIPE HAD EXPLODED. IT I WAS A PIPE BOMB ALSO, BUT JUST ONE
17 END FLEW OFF AND THE BOMB WENT ROCKETING THIS WAY, HIT A WALL,
18 BOUNCED OUT INTO THE LAWN, AND THE GAS CAN DIDN'T GO OFF. A
19 SIGN WAS LEFT THERE, LP SCREWS MILL WORKERS. NO FIRE TOOK
20 PLACE, AND NO INVESTIGATION TOOK PLACE OF THAT BOMB EITHER,
21 UNTIL THIS BOMB WENT OFF.
22 THEN THEY WENT AND GOT THAT BOMB, SENT ALL THE STUFF
23 FINALLY TO WASHINGTON TO A LAB ANALYST NAMED DAVID R. WILLIAMS
24 WHO WAS PUT IN CHARGE BY THE FBI LAB ROUTINES OF MAKING THE
25 ANALYSIS OF THIS EVIDENCE. AND HE PUT OUT A REPORT WHERE HE
34
1 DESCRIBED THE BOMB -- THE BOMB IN JUDI'S CAR AS HAVING BEEN
2 RIGGED WITH A MOTION DEVICE, WHICH WAS -- CONSISTED OF BALL
3 BEARING THAT IS PUT IN A LITTLE SQUARE OF WIRES, POSITIVE,
4 NEGATIVE, POSITIVE, NEGATIVE. AND THE BALL BEARING IS IN THE
5 MIDDLE. AND IT'S EITHER PUT IN A LITTLE INDENTATION OR MAYBE
6 IT'S GLUED TO ONE OF THE WIRES, OR OTHERWISE LIGHTLY FIXED IN
7 THAT SPOT BUT COMES LOOSE EASY. THE CAR GOES OVER A BUMP. IT
8 ROLLS TOGETHER, CONNECTS THE TWO WIRES. THAT'S WHEN THE
9 CIRCUIT IS COMPLETED AND THE BOMB WENT OFF.
10 THERE WAS A TIMING DEVICE WITH IT, A SWITCH WITH IT.
11 THERE WAS A BATTERY. YOU HAVE A CIRCUIT THAT STARTS IN THE
12 BATTERY, GOES THROUGH A SWITCH, A TIMING DEVICE, A CLOCK RIGGED
13 UP TO -- SO WHEN THE HOUR HAND COMES AROUND HITS THE SCREW
14 THAT'S IMBEDDED IN IT, THAT COMPLETES THAT PART OF THE CIRCUIT.
15 THEN IT GOES TO THE MOTION DEVICE. AND THE WIRE GOES INTO THE
16 EXPLOSIVE SUBSTANCE AND COMES BACK TO THE BATTERY. SO THERE'S
17 A COMPLETE CIRCUIT THERE AS LONG AS THESE THREE THINGS HAPPEN.
18 THE SWITCH IS PULLED WHEN THE BOMB IS PLACED. THE TIME ELAPSES
19 AND THE CLOCK CONNECTION IS MADE. THE CAR MOVES AWAY AND HITS
20 A BUMP OR LIKE -- SHE TURNED SUDDENLY. THE BALL BEARING IS
21 JARRED LOOSE AND MAKES THE CONNECTION. THE BOMB BLOWS UP. HE
22 SAID THAT'S WHAT HAPPENED. HE TESTIFIED IN HIS DEPOSITION THAT
23 HE BELIEVED THE BOMB FUNCTIONED AS IT WAS DESIGNED TO FUNCTION.
24 HE ALSO, WHEN HE -- WHEN THE CONTROVERSY WENT ON SO
25 LONG, IT WAS HEATED ENOUGH. THERE WERE, YOU KNOW, COUNTER
35
1 CHARGES MADE BY EARTH FIRST AND FRIENDS IN THE MOVEMENT, THAT
2 THIS WAS A FRAME-UP INDEED. AND SO THEY BROUGHT HIM OUT FROM
3 WASHINGTON TO INSPECT THE CAR FIRSTHAND. AND HE TOLD THEM THIS
4 BOMB WAS UNDER THE DRIVER'S SEAT.
5 AND HE SAID THAT HE COULD TELL JUST WHERE IT WAS
6 PLACED BECAUSE HE KNEW FROM THE MANY HUNDREDS OF BOMBING CASES
7 HE'S INVESTIGATED AND PIPE BOMBING CASES HE'S INVESTIGATED THAT
8 WHERE YOU HAVE A PIECE OF PIPE WITH TWO ENDCAPS ON IT, AND YOU
9 HAVE AN ENDCAP LIKE A LITTLE SHALLOW CUP, AND AROUND THE BASE
10 OF THE CUP, WHICH THEY CALL THE SHOULDER OF THE ENDCAP, IS A
11 WEEK SPOT FABRICATED THERE. AND IT'S WHERE THE TOP IS FITTED
12 TO THE SIDES. RIGHT AROUND THAT CIRCUMFERENCE IS A WEAKNESS.
13 AND WHEN THE BOMB PIPE BOMBS GO OFF, THEY ALWAYS -- THE ENDCAPS
14 THEY CALL THEM ENDCAP TOPS -- BLOW OUT THIS WAY. THEY ALWAYS
15 DO IT THAT WAY.
16 NOW, THE PIPE IS FABRICATED WITH A SEAM. THE SEAM
17 OPENS UP IN THE EXPLOSION FIRST. THAT WILL ROCKET THE REST OF
18 THE PIPE IN THE OPPOSITE DIRECTION. IT'S SPECULATION THAT ONE
19 WAY OR THE OTHER THE MAIN FORCE GOES TO THE BOTTOM AND THE TOP.
20 BUT THE ENDCAPS BLOW OUT.
21 AND THERE'S A SPOT HE FINDS IN THE FRAME OF THE CAR
22 HERE AND ANOTHER SPOT ON THE OTHER SIDE OF THE DRIVE TRAIN
23 HOUSING WHERE THOSE ENDCAPS HIT. HE SAID YOU CAN ALWAYS LOOK
24 FOR WHERE THE ENDCAPS HIT. THAT WILL TELL YOU WHERE THE PIPE
25 WAS WHEN IT WENT OFF. HE LOOKED AT THE CAR AND SAID THAT'S
36
1 WHERE THE PIPE WAS, UNDER THE SEAT.
2 WELL, DID THEY THEN GO OUT AND CALL THE -- JUDI AND
3 DARRYL'S LAWYERS AND TELL THEM WE WERE WRONG. THERE'S NO CASE
4 HERE. DID THEY CALL THE PRESS AND SAY IT'S A MISTAKE. THE
5 BOMB WASN'T IN OPEN VIEW. NO, THEY DIDN'T DO ANYTHING. THEY
6 DIDN'T EVEN WRITE A REPORT OF THAT VISIT BY AGENT WILLIAMS
7 WHERE THIS WAS DISCOVERED AND ASCERTAINED. THERE'S NO REPORT
8 AT ALL ABOUT THAT FINDING BY THIS TOP EXPERT.
9 THEY'LL TELL YOU, AGENT DOYLE WILL TELL YOU HE'S NOT A
10 REAL EXPERT. HE'S JUST AN EXPERIENCED TECHNICIAN WHO EXAMINES
11 CRIME SCENES. WILLIAMS IS AN EXPERT WITH ALL THE KNOWLEDGE,
12 ALL THE LEARNING. TURNS OUT WILLIAMS GOT MIXED UP IN THE LAB
13 SCANDAL OF THE FBI THAT TOOK PLACE A FEW YEARS LATER. HE HAD
14 BEEN GUILTY APPARENTLY OF SOME QUESTIONABLE PRACTICE.
15 HE WAS GUILTY OF QUESTIONABLE PRACTICE IN THIS CASE,
16 NOT IN CONNECTION WITH THE LOCATION OF THE BOMB, BUT THERE WAS
17 ANOTHER FEATURE TO THE FRAME-UP THAT WAS CENTRAL, WHICH WAS THE
18 BOMB HAD BEEN WRAPPED WITH FINISHING NAILS WITH TAPE, HOLDING
19 FINISHING NAILS BY THE PIPE, SOME QUANTITY OF FINISHING NAILS
20 WHEN IT BLEW UP. THESE NAILS WERE SPREAD AROUND. AGENT DOYLE
21 SAID THIS IS THERE FOR SHRAPNEL AFFECT WHEN THE EXPLOSION TOOK
22 PLACE.
23 AND ON THAT FIRST DAY, WHEN THEY WERE PUTTING THE
24 SEARCH WARRANT TOGETHER, SERGEANT CHENAULT WROTE IN THE SEARCH
25 WARRANT, AGENT DOYLE HAD TOLD HIM THAT THERE WERE NAILS AFFIXED
37
1 TO THE PIPE BOMB AND A SEPARATE BAG OF IDENTICAL NAILS HAD BEEN
2 FOUND IN THE BACK OF THE CAR. AND THIS WAS GIVEN TO THE
3 MAGISTRATE WITH THE SEARCH WARRANT AFFIDAVIT AS PROOF
4 ASSOCIATING THE OCCUPANTS OF THE CAR WITH THE BOMB BECAUSE THE
5 NAILS THEY USED TO MAKE THE BOMB, THERE WERE MORE OF THEM IN
6 THE BAG.
7 BUT THE FACT WAS THAT THERE WERE TWO BAGS OF NAILS IN
8 THE BACK OF THE CAR AND NEITHER ONE HAD FINISHING NAILS IN
9 THEM. ONE OF THEM HAD ROOFING NAILS, ONE HAD FRAMING NAILS IN
10 IT. BOTH OF THOSE NAILS ARE NAILS WITH A FLAT HEAD. JUDI WAS
11 A CARPENTER. THAT WAS HER OCCUPATION IN THOSE YEARS.
12 AND INDEED, SHE SAID SHE HAD COME TO HER FIRST
13 REALIZATION ABOUT THE REDWOODS AND ABOUT THE ENVIRONMENT WHEN
14 SHE FOUND HERSELF PUTTING REDWOOD SIDING ON SOME PERSON'S
15 COUNTRY HIDEAWAY OR FANCY HOUSE, THAT THIS -- SHE WAS WORKING
16 ON, A CONTRACTOR SHE WORKED FOR. AND SOMEBODY TOLD HER THOSE
17 ARE THE TREES THAT ARE GETTING CUT DOWN THAT ARE BEING USED FOR
18 THAT.
19 SHE WAS A CARPENTER. SHE HAD NAILS IN HER CAR. THE
20 NAILS WERE DIFFERENT, NOT EVEN SIMILAR TO THE NAILS THAT WERE
21 CALLED -- THAT THEY WERE CALLED IN THE WARRANT IDENTICAL TO.
22 THAT WAS TO MISLEAD THE MAGISTRATE TO THINK THEY HAD A CASE
23 HERE. WHEN IT CAME TIME TO SEND THE EVIDENCE TO WASHINGTON,
24 THOSE NAILS WERE NOT SENT, NEITHER WAS THE BACKSEAT THAT WAS
25 UNDAMAGED. THEY WEREN'T PART OF THE ANALYSIS.
38
1 BUT THAT NIGHT WHEN THEY SEARCHED HER HOUSE, THEY
2 FOUND A BOX OF FINISHING NAILS AND SENT THOSE TO WASHINGTON.
3 AND AGENT WILLIAMS RECORDED HE HAD COMPARED A NAIL FROM THE
4 BOMB AND A NAIL FROM THE BOX MICROSCOPICALLY AND HE BELIEVED
5 THEY HAD BEEN MADE IN THE SAME BATCH. THE GRIPPER MARKS HE
6 LOOKED AT BY MICROSCOPE WERE THE SAME. AND THEREFORE, IT COULD
7 BE RELIED HE SAID THAT THEY HAD BEEN MADE ON THE SAME MACHINE
8 AND IN THE SAME BATCH.
9 YOU'LL FIND HE NEVER HAD DONE SUCH A COMPARISON
10 BEFORE, THAT IT WAS INCOMPLETE, THAT THE SCIENCE OF IT, YOU'LL
11 BE ABLE TO TELL YOURSELVES WITHOUT BEING SCIENTISTS, WAS MORE
12 THAN IMPERFECT. AND THAT THEY NEVER DID ANYTHING TO ASCERTAIN
13 THE SIZE OF THE BATCH OF NAILS IN ANY CASE.
14 THEY PUT -- THE SECOND TIME THEY WENT FOR A SEARCH
15 WARRANT, THEY SAID OUR EVIDENCE IS THAT THESE NAILS WERE MADE
16 IN THE SAME BATCH OF 800 TO 1000 NAILS. SERGEANT SITTERUD PUT
17 THAT IN HIS SWORN AFFIDAVIT. HE SAID THAT'S WHAT
18 AGENT WILLIAMS TOLD HIM. AGENT WILLIAMS SAID I NEVER SAID SUCH
19 A THING. I NEVER KNEW HOW BIG A BATCH. HOW COULD YOU MAKE A
20 COMPARISON. YOU KNEW WHAT THE BATCH -- BEING IN THE SAME BATCH
21 MEANT IN THE CASE? DIDN'T YOU HAVE TO KNOW HOW MANY NAILS WERE
22 IN IT IN ORDER TO SAY THERE WOULD BE ONE BATCH OF NAILS IN THE
23 WHOLE WEST COAST, OR IN ORDER TO SAY WITH ANY ACCURACY THAT YOU
24 COULD ASSOCIATE ONE NAIL WITH ANOTHER IN THAT TYPE OF
25 PROXIMITY?
39
1 THEY FOUND OUT FINALLY THESE NAILS WERE FABRICATED IN
2 SAUDI ARABIA, SHIPPED IN 50-POUND BOXES DISTRIBUTED IN HARDWARE
3 STORES UP AND DOWN THE COAST, AND THEY -- WHATEVER ASSOCIATION
4 THERE WAS WITH THE NAILS HAD NO SIGNIFICANCE AS EVIDENCE TO TIE
5 THE BOMB TO THE PERSON WHO WAS THE OWNER, APPARENT OWNER, OF
6 THE NAILS THAT WERE IN THE CAR.
7 SO THE CASE CAME UNRAVELED AT LEAST BY THAT TIME.
8 THAT WAS JUNE 14TH, AFTER MAY 24TH WHEN AGENT WILLIAMS CAME TO
9 SAN FRANCISCO -- TO OAKLAND AND EXAMINED THE CAR AND THE
10 PHOTOGRAPHS OF THE CAR AND HIM EXAMINING IT. AND MADE A -- HE
11 MADE A MOCKUP OF WHAT THE BOMB COULD HAVE LOOKED LIKE ON A
12 WOODEN BASE WITH THE PIPE THERE AND WITH THE PARTS THAT HE
13 DETECTED FROM THE BOMB, THE SWITCH, BATTERY, THE CLOCK, THE --
14 I THINK HE LEFT THE MOTION DEVICE OUT OF HIS MOCKUP, AND ALSO,
15 A LIGHT BULB SOCKET THAT SUPPOSEDLY WAS THERE THAT HE INFERRED
16 WAS THERE, TO TEST THE CIRCUIT WIDTH, ALTHOUGH, THAT'S
17 QUESTIONABLE AS WELL.
18 ANYWAY, YOU CAN SEE IN THE PICTURE HE'S HOLDING THE
19 MOCKUP RIGHT IN THE PLACE WHERE HE SAID THE BOMB, THE ACTUAL
20 BOMB, WOULD HAVE BEEN AT THE TIME OF THE EXPLOSION. AND THEN
21 THEY WENT -- AND WENT TO A CAR DEALERSHIP, FOUND ANOTHER
22 SUBARU. THIS WAS A 1981 SUBARU GL STATION WAGON, FOUR DOORS,
23 AND THEY FOUND ANOTHER CAR LIKE THAT. AND THEY TOOK THE
24 DRIVER'S SEAT OUT, AND HE SHOWED THEM ON THE INTACT CAR WHERE
25 THE BOMB WOULD HAVE BEEN.
40
1 AND WE GOT AN INTACT CAR TO SHOW YOU. WHEN YOU SEE
2 THE BOMB CAR, YOU'LL SEE AN INTACT CAR WITH IT. THE SEAT WILL
3 COME OUT, SEE THE COMPARISON OF THE TWO SEATS WHERE -- THE
4 PLACE WHERE THE DRIVER'S SEAT IS DAMAGED, WHAT'S LEFT OF IT.
5 THE RIP COMES UP THROUGH THE SEAT, THE FOAM IS GONE, SOME IS
6 GONE. YOU'LL SEE ALL THESE DETAILS.
7 WHAT YOU'LL SEE MOSTLY FROM THAT IS THAT IT WAS
8 COMPLETELY, BY THAT TIME JUNE 14TH, CLEAR THAT THAT BOMB WAS
9 UNDER THE DRIVER'S SEAT, NOT BEHIND IT. IT WAS HID, NOT IN
10 OPEN VIEW, PUT THERE BY SOMEBODY WHO WAS TRYING TO KILL JUDI OR
11 MAIM HER, AND NOT BY JUDI HERSELF.
12 AND THERE NEVER WAS ANY ACCOUNTING FOR THAT NOTION
13 THESE PEOPLE WERE CRAZY ENOUGH TO BE CARRYING A BOMB THAT WAS
14 ARMED AND RIGGED TO GO OFF LIKE THAT AND PUT IT IN THE CAR AND
15 DRIVE AWAY WITH IT ALL SET UP TO EXPLODE, INSTEAD OF IN SOME
16 SAFE SENSE THEY WOULD HAVE EVEN THE SWITCHES PULLED, IF THEY
17 WERE CARRYING IT SOMEWHERE AND PUT IT SOMEWHERE SO IT WOULD GO
18 OFF LATER.
19 THEY HARDLY WOULD HAVE PUT IT RIGHT NEXT TO THEM,
20 CERTAINLY THE TIME WOULD HARDLY HAVE BEEN ELAPSED. PEOPLE
21 WOULD HAVE HAD TO HAVE BEEN CRAZY TO DO THAT. THAT DOESN'T
22 FIGURE IN THE EQUATION OR THE LOGIC OF THE CHARGES AGAINST THEM
23 THAT WAS IGNORED LIKE THE THREATS WERE IGNORED.
24 AS I SAID, WHATEVER IT WAS A WEEK TEN DAYS AFTER
25 AGENT WILLIAMS WAS HERE WITHOUT LETTING ANYONE KNOW WHAT HE
41
1 TOLD THEM, THEY APPLIED FOR ANOTHER SEARCH WARRANT SAYING THAT
2 THEY NEEDED MORE NAILS, EVEN THOUGH THEY ALREADY SUPPOSEDLY HAD
3 THIS COMPARISON.
4 AND THEY WANTED TO GO IN JUDI'S HOUSE TO SEE IF THEY
5 COULD FIND THE TYPEWRITER THE LORD'S AVENGER LETTER WAS WRITTEN
6 ON, AND SEE IF THEY COULD FIND, ALTHOUGH THEY'D BEEN THERE
7 ALREADY, SOME TOOLS THAT HAD BEEN USED TO RIG THE BOMB OR TAPE
8 THAT HAD BEEN USED OR WIRE THAT HAD BEEN USED.
9 THEY HAD TAKEN ALL THAT STUFF. WHAT THEY DID THE
10 SECOND SEARCH FOR WAS THE STORY WAS STARTING TO FLAG. THEY GOT
11 A WHOLE NEW SET OF HEADLINES OUT OF THAT. THEY CAME AND TOLD
12 THE PRESS SERGEANT SITTERUD SPOKE TO THE PRESS, WELL, THE BOMB
13 MAY HAVE BEEN A LITTLE FURTHER FORWARD THAN WE THOUGHT. BUT WE
14 GOT THESE NAILS AND WE JUST FOUND SOME MORE NAILS IN HER HOUSE,
15 AND THAT MATCH THE NAILS IN THE BOMB. WE KNOW WE GOT THE RIGHT
16 PERSON, INSTEAD OF ADMITTING THEY DIDN'T HAVE ANY EVIDENCE.
17 THEY BUILT UP THE PRETENSE THERE WAS STILL EVIDENCE AT THIS
18 POINT A MONTH AFTER THE BOMB, EVEN MORE.
19 THEY WEREN'T ABLE TO CONVINCE THE PROSECUTOR THEY HAD
20 ANYTHING TO GO ON. AND THE PROSECUTOR, ANOTHER WEEK AFTER THAT
21 ON JULY 17TH, ANNOUNCED HE WASN'T GOING TO FILE ANY CHARGES.
22 AND OAKLAND SAID, WE'LL SEE WHAT WE CAN DO IN THE FUTURE. WE
23 DON'T HAVE ANY OTHER EVIDENCE RIGHT NOW. BUT THE FBI, THE
24 TERROR SQUAD, MR. REIKES WROTE THE HEADQUARTERS IN WASHINGTON
25 DC AND SAID, WE'VE GOT EVIDENCE. WE'RE GOING TO KEEP GOING ON
42
1 THIS LORD'S AVENGER LETTER AND THE OTHER EVIDENCE WE HAVE HERE.
2 WE'RE GOING TO KEEP THIS INVESTIGATION ALIVE.
3 AND HE TOLD HIM AT THAT TIME, SOMETHING I DIDN'T TELL
4 YOU ABOUT, THE FIRST NIGHT THAT -- WHEN THEY WERE WORKING OUT
5 THE SEARCH WARRANT, AND YOU'LL SEE THAT IN THE END OF HIS
6 AFFIDAVIT, SERGEANT CHENAULT WROTE, I BELIEVE, THAT THE
7 OCCUPANTS OF THE CAR WERE PART OF A TERRORIST GROUP INVOLVED IN
8 MAKING AND PLANTING OF THE EXPLOSIVE DEVICES. AND THAT THEY
9 MAY BE PLANNING MORE TERRORIST ACTS.
10 AND WHEN HE WAS ASKED ABOUT WHAT WENT INTO THAT, HE
11 SAID WELL, MR. DOYLE TOLD ME HE BELIEVED THAT THEY WERE
12 CARRYING THE BOMB AND SAID THAT IN THE BRIEFING MEETING, THEY
13 TOLD US THEY HAD THESE OTHER CASES AGAINST EARTH FIRST, WHY HE
14 THOUGHT THAT MEANT THESE PEOPLE WERE GUILTY AND GUILT BY
15 ASSOCIATION. WE'LL SEE WHAT HE SAID.
16 HE TOLD THEM THAT -- HE ALSO TOLD US THAT AT THAT
17 TIME, AT THAT POINT WHEN THEY WERE READY TO FINISH UP THE
18 AFFIDAVIT AND GO TO THE JUDGE AND GET THE SEARCH WARRANT AND
19 MAKE THE SEARCHES, THAT THE FBI AND PARTICULARLY AGENT SENA,
20 WHO IS ONE OF OUR DEFENDANTS HERE, TOLD HIM NOT ONLY ARE -- ALL
21 THIS STUFF, BUT WE HAVE AN INFORMANT IN EARTH FIRST. WE GOT A
22 TIP THAT SOMETHING LIKE THIS WAS GOING TO HAPPEN. WE WERE
23 READY. WE BELIEVE THIS WAS PLANNED AND THAT THIS PERSON THAT
24 WE HAVE THAT WE TALKED TO HAD PREDICTED SOME EFFORT AND THIS
25 WAS THE EVENT.
43
1 YOU'RE GOING TO LEARN FROM THE EVIDENCE THAT WAS ALSO
2 VERY MUCH FALSE, BOGUS, JUST A FABRICATION. THERE WAS A
3 PERSON, HER IDENTITY IS GOING TO BE CONCEALED IN THE TRIAL,
4 SHE'LL BE REFERRED TO AS MS. X OR SOME -- PROBABLY MS. X NOW
5 THAT I'VE SAID IT. HE HAD TALKED TO SUCH A PERSON IN
6 CONNECTION WITH THE TERRORISM INVESTIGATION, THAT THIS HAD BEEN
7 GOING ON IN SANTA CRUZ. AND SHE HAD GIVEN A LOT OF VAGUE
8 GOSSIP ABOUT THE POLITICAL GROUPS THAT WERE DOING THIS AND THAT
9 IN THE SANTA CRUZ AREA.
10 AND AT SOME POINT IN -- AND HE WROTE A REPORT, COUPLE
11 PAGES, LOT OF PARTS MARKED OUT. THERE'S A RULE THAT INVOLVES
12 THE GOVERNMENT'S RIGHT TO KEEP THE IDENTITY OF INFORMANTS
13 SECRET. SO THIS INFORMANT'S IDENTITY HAS BEEN KEPT FORMALLY
14 SECRET IN ANY EVENT. AND THERE WAS ONE PARAGRAPH IN THE LETTER
15 THAT -- OR IN THE REPORT WHERE HE SAID THAT THIS PERSON TOLD
16 HIM, WELL, THERE WERE SOME HEAVY HITTERS FROM UP NORTH IN TOWN
17 LAST WEEK OR HEAVY HITTERS FROM CANADA AND THE WESTERN UNITED
18 STATES THAT GATHERED LAST WEEK AND LEFT TO RETURN AT THE END OF
19 MAY FOR A MAJOR ACTION.
20 FROM WHAT THE OFFICERS TOLD US, OFFICER CHENAULT,
21 LIEUTENANT SIMS IN HIS -- THEIR DEPOSITIONS, HE TOLD THEM HE
22 HAD AN INFORMANT CLOSE TO LEADERSHIP OF EARTH FIRST WHO TOLD
23 THEM THIS ACTION WAS GOING TO TAKE PLACE IN SANTA CRUZ. AND
24 THAT THEY DIDN'T WANT TO REVEAL THE FACT THEY HAD AN INFORMANT
25 SO THEY SHOULD KEEP THAT OUT OF THE WARRANT AFFIDAVIT. SO THEY
44
1 KEPT IT OUT.
2 LIEUTENANT SIMS AND SERGEANT CHENAULT TESTIFIED THAT
3 THEY DIDN'T KNOW WHAT THIS ACTION IS GOING TO BE. THEY DIDN'T
4 KNOW EVEN THAT IT WAS GOING TO BE SOMETHING ILLEGAL. IT WAS
5 JUST AN ACTION. YOU'LL SEE THAT IS WHAT THE PARAGRAPH SAYS IN
6 AGENT SIM'S REPORT. IT DOESN'T SAY ANYTHING ABOUT EARTH FIRST
7 OR LEADERSHIP.
8 THEY SAID -- THE OAKLAND OFFICER SAID THAT THE TIP WAS
9 HEAVY HITTERS FROM UP NORTH, BUT THE PARAGRAPH SAYS CANADA AND
10 THE WESTERN UNITED STATES. THERE'S A FURTHER WRINKLE TO IT.
11 AGENT SENA AND SUPERVISING AGENT REIKES, HEAD OF THE TERROR,
12 SQUAD WILL SAY THIS WAS A TIP ABOUT A BOMB, THAT THERE WASN'T
13 AN ACTION. IT WAS A BOMB. BUT THE PARAGRAPH AND WHOLE
14 DOCUMENT -- AND NO OTHER DOCUMENT SAYS ANYTHING ABOUT ANYBODY.
15 AND WE'RE GOING TO SEE THE FILES, THAT THE FBI BUILT
16 UP IN THE CASE, REFLECT A LOT OF THINGS LIKE THAT, A LOT OF
17 CONTRADICTIONS THAT CAN'T BE EXPLAINED, A LOT OF ACTIVITY THAT
18 WAS AND WASN'T. THINGS THAT -- LEADS TAKEN UP AND DROPPED,
19 OTHER LEADS THAT WERE REPORTED TO THEM AND IGNORED.
20 THERE WERE IRREGULARITIES IN THE FILE AND THAT THERE
21 ARE HOLES IN THE INFORMATION THAT ANY LOGICAL PERSON WOULD
22 EXPECT TO FIND A FINGERPRINT ON THIS LORD'S AVENGER LETTER.
23 THERE'S NO RECORD THEY COMPARED IT TO JUDI AND DARRYL'S
24 FINGERPRINTS. THERE'S A SERIES OF THOSE, THAT KIND OF
25 CONTRADICTION REFLECTED IN THESE FILES, AND THEY WERE NEVER
45
1 INVESTIGATED.
2 THERE WAS SOME DNA EVIDENCE POSSIBLY AVAILABLE THAT
3 WAS NOT INVESTIGATED. THERE WERE PEOPLE THAT COULD HAVE BEEN
4 INVESTIGATED THAT WERE -- THERE WAS -- INSTEAD THERE WAS AN
5 EFFORT TO GATHER INFORMATION ABOUT EARTH FIRST. AND THE
6 INFORMATION THAT WAS GATHERED WAS EVEN MISREPRESENTED IN THE
7 FILE. AND YOU'LL SEE THAT.
8 YOU'LL SEE THAT THE FILES AS A WHOLE REFLECT A SHAM
9 INVESTIGATION, BOGUS INVESTIGATION OF THE BOMBING, INTELLIGENCE
10 GATHERING OPERATION ABOUT THE POLITICAL SPYING OPERATION ABOUT
11 THE EARTH FIRST MOVEMENT AND ABOUT THE ENVIRONMENTAL MOVEMENT
12 IN NORTHERN CALIFORNIA.
13 YOU'LL SEE THE THREATS AND FAKES WERE NEVER
14 INVESTIGATED, EVEN WHEN THEY FINALLY GOT AROUND TO OBTAINING
15 THE ORIGINALS, WHICH HAD BEEN RECEIVED OR PAPERS THAT HAD BEEN
16 RECEIVED. THEY JUST SAT ON THEM. THEY NEVER EVEN DUSTED THEM
17 FOR FINGERPRINTS. THEY NEVER DID ANYTHING ABOUT THEM.
18 THEY HAD -- THERE'S WAS A PHOTOGRAPH OF JUDI HOLDING A
19 GUN, MACHINE GUN, LIKE AN UZI OR SOMETHING, THAT HAD BEEN TAKEN
20 AS A JOKE BY SOME GUY. AND IT HAD APPEARED IN A NEWSPAPER UP
21 IN MENDOCINO COUNTY A YEAR BEFORE. AND IT -- THEY WERE SAYING
22 IT WAS GOING TO BE USED FOR -- WHEN IT WAS TAKEN, THERE WAS ONE
23 OF DARRYL TAKEN, ONE OF A GUY, AND IT WAS GOING TO BE -- SAID
24 WE'LL USE IT ON A COVER OF AN ALBUM. THEY WERE GOING TO BRING
25 OUT AN ALBUM OF THE SONGS THAT THEY WROTE. AND THE ALBUM WAS
46
1 GOING TO BE CALLED, "THEY DON'T MAKE HIPPIES LIKE THEY USED
2 TO." A LITTLE BIT OF A MISCALCULATION AS TO WHAT MIGHT WORK
3 AND WHAT MIGHT NOT IN TERMS OF GOOD EARTH FIRST PROPAGANDA.
4 THERE WAS A PHOTOGRAPH, IT HAD BEEN IN THE NEWSPAPER,
5 AND JUDI HAD BEEN CAPTIONED THE POSTER GAL OF THE WEEK. AND IT
6 WAS A JOKE. BUT IT TURNED OUT THAT SOMEONE HAD SENT A LETTER
7 TO THE CHIEF OF POLICE IN UKIAH WITH THAT PHOTOGRAPH AND SAID,
8 I CAN GIVE YOU INFORMATION, INSIDE INFORMATION, ABOUT EARTH
9 FIRST. I CAN SET JUDI BARI UP TO BE BUSTED FOR SELLING
10 MARIJUANA THROUGH THE MAIL. I CAN SHOW YOU WHAT, WITH THIS
11 PICTURE, THEY'RE DOING WEAPONS TRAINING AND PLANNING VIOLENT
12 TERRORIST ACTS. AND THAT WAS WRITTEN UP IN THE NEWSPAPER WHEN
13 THE BOMB WENT OUT IN OAKLAND. THE POLICE CHIEF SENT OUT COPIES
14 OF THAT PICTURE TO THE POLICE AGENCY IN THE AREA. THIS MIGHT
15 BE OF INTEREST.
16 IT GOT INTO THE NEWSPAPER, AND THE STORY ABOUT THE
17 LETTER FROM THIS PERSON WHO WANTED TO BE AN INFORMANT. AND
18 THIS IS ANOTHER LETTER IN THE CASE, A MYSTERY LETTER. HE SAID
19 IF YOU WANT TO GET IN TOUCH WITH ME, PUT AN AD IN THE PAPER FOR
20 ARGUS. THAT WAS HIS SIGNATURE, ARGUS. AND THEY NEVER WENT TO
21 GET THE LETTER AND SEE WHAT THEY COULD FIND OUT ABOUT THE
22 LETTER. THEY NEVER WENT TO GET THE PHOTOGRAPH THAT THE POLICE
23 CHIEF HAD RECEIVED.
24 AND THE LETTER -- THERE WAS A LETTER CAME IN AN
25 ENVELOPE, AND THERE WAS ANOTHER ENVELOPE FROM ONE OF THE
47
1 THREATS THAT HAD COME TO JUDI. AND YOU LOOK AT THESE TWO
2 ENVELOPES AND SEE THE AD, THE TYPING, ADDRESSES ARE EXACTLY THE
3 SAME. THERE'S A STRANGE DOUBLE SPACE BETWEEN THE NAME AND
4 ADDRESS AND CITY, AND BOTH THE SAME. THEY NEVER BOTHERED TO
5 LOOK AT THAT. THEY DIDN'T WANT TO KNOW. THEY DEFINITELY
6 DIDN'T WANT TO SOLVE THE CRIME AGAINST JUDI AND DARRYL. THEY
7 WANTED TO GET THE SLANDER GOING.
8 YOU'RE GOING TO HEAR FROM THE DEFENSE THAT THEY MADE A
9 REASONABLE RESPONSE TO THE EVENTS THAT HAPPENED, AND THAT THEY
10 MAY HAVE MADE MISTAKES OR MAY HAVE BEEN OFF IN THEIR
11 ASSESSMENTS OR MAY HAVE NOT GATHERED ALL THE INFORMATION THAT
12 WAS AVAILABLE TO THEM. BUT THAT THEY -- THESE ARE REASONABLE
13 MISTAKES. THIS WAS JUST MISCALCULATIONS. THEY WERE IN GOOD
14 FAITH. THEY WEREN'T OUT TO GET JUDI AND DARRYL IN ANY WAY, OR
15 EARTH FIRST. THEY'LL TELL YOU WE'RE ENVIRONMENTALISTS. WE
16 BELIEVE IN PROTECTING THE ENVIRONMENT. WE HAVE THE SAME VIEWS.
17 WE WOULDN'T DO THAT.
18 THEY DID DO IT. YOU'LL SEE FROM THE EVIDENCE THAT
19 THOSE EXPLANATIONS ARE HOLLOW. THEY'LL TELL YOU WE DON'T
20 INVESTIGATE GROUPS LIKE EARTH FIRST. WE INVESTIGATE CRIMES AND
21 INDIVIDUALS WHO MAY BE INVOLVED IN CRIME. YOU'LL SEE THEY WERE
22 OUT TO GET EARTH FIRST, SMEAR EARTH FIRST, DISRUPT EARTH FIRST.
23 THEY WERE OUT TO NEUTRALIZE ACTIVITIES. THEY WERE OUT TO MAKE
24 SURE PEOPLE HAD A VIEW OF THEM OF DANGEROUS TERRORISTS.
25 YOU'LL SEE THE IRONY OF IT. JUDI WHO WAS INSISTING ON
48
1 NONVIOLENCE, WHO WAS INVOLVED IN A PRETTY HEAVY DEBATE WITHIN
2 THE EARTH FIRST CIRCLES IN THE LARGER WORLD. IT WAS CLEAR,
3 EARTH FIRST GROUP IN NORTHERN CALIFORNIA WAS COMMITTED TO THIS
4 IN CONNECTION WITH REDWOOD SUMMER, AND SPECIFICALLY THEY
5 PUBLICIZED IT THIS IS -- FIRST IT WAS CALLED MISSISSIPPI SUMMER
6 IN THE REDWOODS AND CHANGED IT TO REDWOOD SUMMER.
7 THEY EVOKED THE CIVIL RIGHTS MOVEMENT SPECIFICALLY FOR
8 THE NONVIOLENCE. SHE WAS THE ONE THEY PICKED TO BRAND AS A
9 TERRORIST. SHE WAS THE ONE THEY TARGETED BECAUSE SHE HAD A BIG
10 MOUTH, AN SHE WAS EFFECTIVE, AND SHE MOVED PEOPLE. AND YOU'LL
11 SEE THAT SHE MOVED THE PEOPLE SHE WAS WORKING WITH TO WORK HARD
12 AND GREAT DEDICATION AND BELIEVE IN THE CAUSE. SHE MOVED
13 PEOPLE SHE SPOKE TO AND SHE MOVED PEOPLE. IT WOULD HAVE AN
14 EFFECT.
15 THAT'S WHY THEY STRUCK AT HER. THAT IS WHAT THEY
16 STRUCK AT, THE BOMBERS STRUCK AT THEM. AND THEN THE LAW
17 ENFORCEMENT STRUCK AT THEM. WHEN THEY DIDN'T DIE, WHEN SHE
18 DIDN'T DIE, THEN SHE WAS -- IT WAS CHARACTER ASSASSINATION.
19 AND THAT IS NOT ALLOWED IN OUR SOCIETY, IN OUR COUNTRY UNDER
20 OUR CONSTITUTION.
21 WE DON'T LET THE POLICE DO THAT SORT OF THING HERE.
22 WE DON'T LET THE POLICE MEDDLE IN POLITICS HERE. WE DON'T LET
23 THE POLICE GET OUT AND DISRUPT THE ACTIVITIES OF THE PEOPLE WHO
24 ARE CRITICAL OF THE GOVERNMENT, OR CRITICAL OF THE SYSTEM, AND
25 WANT TO CHANGE, AND WHO ARE ACTIVE ABOUT IT, AND WHO GET INTO
49
1 PEOPLE'S FACE, AND WHO ARE WILLING TO SIT IN THE ROAD, CLIMB A
2 TREE, JUST LIKE THE CIVIL-RIGHTSERS WOULD SIT IN AT THE LUNCH
3 COUNTER, RIDE THE FREEDOM RIDES ON THE BUSES.
4 WE CAN'T ALLOW THE POLICE TO RESPOND THAT WAY. THEY
5 CAN LOCK THEM UP FOR SITTING IN THE ROAD. THEY CAN INVESTIGATE
6 THEM FOR ANY CRIME THAT'S COMMITTED. POWER LINES WENT DOWN,
7 THAT'S A LEGITIMATE INVESTIGATION. BUT TO USE THAT
8 INVESTIGATION AS A PRETENSE TO STIR UP A WHOLE BROAD CHARGE AND
9 A BRANDING, SMEARING OF THIS MOVEMENT THE WAY THEY DID AFTER
10 THIS BOMBING, IS NOT PERMITTED. IT'S AGAINST THE CONSTITUTION,
11 VIOLATES THE BILL OF RIGHTS, VIOLATES THE FIRST AMENDMENT.
12 THAT'S THE JUDGMENT THAT WE'RE ASKING YOU TO MAKE
13 HERE. I'M QUITE SURE AFTER YOU SEE ALL THIS EVIDENCE OVER THE
14 NEXT FEW WEEKS, HEAR THE WITNESSES TESTIFYING, HEAR FROM THE
15 DEFENDANTS TRYING TO JUSTIFY WHAT THEY DID, YOU'LL CONCLUDE
16 THERE IS NO DOUBT THAT'S WHAT THEY DID. THAT'S WHY THEY DID
17 IT. THAT'S WHAT THEY WERE DOING WHEN THEY FAKED UP THIS CASE
18 AND FRAMED THESE PEOPLE, PUT IT ALL ON THE NEWS AND THE
19 HEADLINES, SCARE EVERYBODY ABOUT THE -- TURN PEOPLE AGAINST
20 THEM.
21 YOU BRING BACK A JUDGMENT. YOU BRING BACK A JUDGMENT
22 FOR MONEY DAMAGES. THAT'S THE WAY OUR SYSTEM WORKS IN A CIVIL
23 CASE. THAT'S THE REMEDY THE LAW PROVIDES, AN AWARD OF MONEY
24 DAMAGES TO COMPENSATE JUDI AND DARRYL, JUDI'S ESTATE, FOR THE
25 LOSS THAT THEY SUSTAINED, FOR THE INJURY TO THEM, THE INJURY TO
50
1 THEIR FIRST AMENDMENT INTEREST, THE THINGS THEY WERE TRYING TO
2 PROMOTE, THE WAY THEY WERE TRYING TO DO IT, THE IDEAS OF CHANGE
3 THAT THEY WERE TRYING TO GET PEOPLE TO OPEN THEIR MINDS TO, AND
4 THINGS OF -- ABOUT THE IDEAS ABOUT STOPPING THE DESTRUCTION OF
5 THE ENVIRONMENT AND CONTROLLING THE PRACTICES OF THE
6 CORPORATIONS THAT ARE SO DESTRUCTIVE TO THE ENVIRONMENT THEY
7 WERE FIGHTING FOR, THEY DEDICATED THEIR LIVES TO.
8 YOU'LL SEE THEY ARE GOOD PEOPLE, NOT BY ANY STRETCH OF
9 IMAGINE ANYONE TO BE PERCEIVED AS TERRORISTS. THAT'S THE
10 JUDGMENT WE'RE ASKING YOU TO MAKE. THAT'S THE CONCLUSION THAT
11 WE BELIEVE YOU'LL HAVE TO DRAW FROM THE EVIDENCE IN THE CASE.
12 AND WE'RE GOING TO ASK YOU FOR PUNITIVE DAMAGES, WHICH ARE
13 SEPARATE AWARDS, SEPARATE TYPE OF DAMAGES FROM THE COMPENSATION
14 FOR THE LOSS AND TO THE INJURY, AND AS DAMAGES SOMETIMES CALLED
15 EXEMPLARY. YOU MAKE AN EXAMPLE OUT OF THE OFFICERS TO LET
16 EVERYBODY ELSE KNOW THIS KIND OF CONDUCT WON'T BE TOLERATED,
17 SOME KIND OF ACTIVITY WHICH VIOLATES PEOPLE RIGHTS WITH THIS
18 PURPOSE. THIS NEGATION OF DEMOCRATIC FREE EXPRESSION AND
19 SELF-RULE WILL NOT BE TOLERATED.
20 I'M GOING TO ASK YOU FOR BOTH THOSE THINGS IN THE
21 CASE, MONEY TO COMPENSATE FOR A GREAT LOSS AND MONEY THAT MAKES
22 AN EXAMPLE OUT OF OFFICERS FOR CAUSING THE PROBLEMS. I BELIEVE
23 YOU'LL SEE QUITE CLEARLY WHEN YOU SIT TO DELIBERATE, THE FACTS
24 WILL BE PLAIN, THAT WHAT HAPPENED IS ALL I'VE TOLD YOU
25 HAPPENED. AND YOU'LL RETURN JUDGMENT FOR THE PLAINTIFFS.
51
1 I THANK YOU FOR YOUR ATTENTION THIS MORNING. I SEE
2 I'VE TALKED MOST OF THE DAY. AND WE'RE GOING TO GO HOME,
3 PROBABLY GO HOME, AND YOU'LL HEAR FROM THEM TOMORROW. AND THEN
4 WE'LL GO ON WITH THE EVIDENCE. I THANK YOU FOR YOUR ATTENTION
5 TO THAT AS WELL.
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