Eric McDavid was sentenced to 235 months for "conspiracy to damage or destroy government property by means of fire or explosives." He was convicted in February of 2008 for a crime that was never committed, and which was fabricated by "Anna", a young FBI informant who was paid over $65,000 to entrap him. Now that the sentencing is over, Eric will be able to start the appeals process. Two jurors from the trial wrote declarations about their views that Eric was wrongfully convicted.

Eric will likely be sent to a federal facility in the near future. Although he could be housed farther from his loved ones, his supporters are hopeful that the move will bring many improvements in his overall standard of living. They hope that he will no longer be kept in total separation, that he will have access to more vegan food, that he will be able to spend more time outside and away from his cell. Eric and his family are looking forward to finally having "contact visits" - after almost two and half years of not touching each other at all.

Sentencing Notes | Support Eric | Eric's Sentencing Memorandum | Analysis of Elle Magazine's story about Anna | Some past coverage of Eric's case on Indybay: 1/9: Motion for New Trial for Eric McDavid to Be Heard

Modesto Anarcho writes, "The central valley's journal of insurrectionary class struggle, Modesto Anarcho, is happy to announce the publication of it's seventh issue. In this issue you'll find articles on crime in the valley, indigenous resistance at D-Q University in Davis, the rise of taser gun use by local police, poetry, direct action and repression reports, and much more!

"Modesto Anarcho is a project to document and expand resistance to class society, specifically in the Central Valley of California. We want to use this publication to focus on local issues and highlight what regular people are doing in this area to confront and combat the misery of daily working class life."

download the PDF file | Modesto Anarcho #6 | Modesto Anarcho #5 | Modesto Anarcho Distro Catalogue!

Mike Reynolds, author of the infamous Three Strikes legislation, is also the author of the Runner Initiative, which he says "will use a three-prong attack of tougher laws, cheaper jails, and more funding for public safety without raising taxes." Reynolds held a press conference on April 24 in front of the Fresno County Clerk's office. Joining Reynolds was Fresno County initiative chairperson Debbie Poochigian, Fresno Police Department Chief Jerry Dyer, Fresno County Sheriff Margaret Mims, Fresno City Council member Jerry Duncan, and Fresno District Attorney Elizabeth Egan who were there to support the effort.

Throughout the press conference, members of the California Prison Moratorium Project (CPMP) could be heard criticizing the initiative. Debbie Reyes, the Fresno director of CPMP, said "the initiative would bankrupt the state by directing billions of dollars to fund prisons, probation, and police in the midst of a budget crisis that has caused drastic cuts to education and health care."

Reynolds, in his press release, referred to himself as the "father of three strikes" and said "when it comes to punks with guns, they've got to be stopped the first time. You can't wait for three strikes."

The purpose of the press conference was to announce that they were turning in over 700,000 signatures in 58 counties to qualify the Safe Neighborhoods Act for the November 2008 ballot.

Video and article | Defeat the Runner Initiative coalition grows

On Wednesday, April 17, sophomore Jesse Carrisalez was shot and killed by Fresno Police Department (FPD) officer Junus Perry at Roosevelt High School. The FPD, shortly after the incident, released information to the public that indicated officer Perry shot the student in self defense. Carrisalez was said to have hit Perry with a baseball bat and a knife was found nearby. Police Chief Jerry Dyer said that "this was a case of suicide by cop."

The first reports of this shooting said Perry, after being hit with a baseball bat, was knocked to the ground. The magazine to his handgun fell out as he hit the ground and Perry grabbed a second gun from his ankle and shot Carrisalez in the chest. On Friday, a pathologist's finding raised questions about what happened. According to The Fresno Bee, Harry Bonnell who is a San Diego pathologist, said the trajectory of the bullet is not consistent with Perry's description of the incident. Instead of an upward trajectory, as would be expected if someone was shooting from the ground up, the bullet had a slightly downward angle.

At Saturday's press conference, Gloria Hernandez, speaking on behalf of the Central California Criminal Justice Committee demanded a public hearing on this shooting incident. "We need a public forum, we demand that the City Council call a public forum and let the people listen, let the people talk, because sometimes the people have recommendations that are outside of the box," Hernandez said. She also said that this incident is further evidence of why we need an Independent Police Auditor in Fresno.

Ben Benavidez of the Mexican American Political Association (MAPA) said "we feel that the Fresno Unified School District let Jesse down. He was a Special Education student. Where was his support and intervention? We want answers, we will get them!"

Video and story

On March 31st at 9:45 am, the Yolo County Sheriff's Department raided D-Q University, California's only Tribal college. 18 elders, students and community supporters were arrested after police stormed onto campus with guns drawn. In a similar incident on February 20th, Sheriff's deputies came onto the sovereign campus and arrested three Native students. Their court date will be on Wednesday, April 2nd at 7:30 am at the Woodland Courthouse. Supporters are asked to contact the CA Office of the Attorney General Jerry Brown in defense of the students and to denounce the abuse of power by the Board of Trustees and police. A comment on the newswire reports that two more students were arrested at the sacred sweat lodge grounds on campus bringing the total number of arrests to twenty since the March 31st raid.

D-Q U was born of struggle in the 70's when people occupied an abandoned Army facility and retained it for the purpose of providing traditional and formal education for Indigenous people. The Board of Trustees who legally preside over D-Q U have become corrupt, betraying the true purpose of the university and abusing their power. In 2005, D-Q U lost its accreditation and the board demanded the school be shut down. Students who condemn the board's negligence have been holding classes themselves and have taken up residence on campus. They are dedicated to protecting D-Q U for the benefit of future generations and the education of all Native people.

Call for Support | Sheriff Visits DQU; Elders, Students and Supporters Prepare for Possible Raid | D-Q University Students Face New Threats of Arrests | Solidarity Needed | News Advisory | D-Q University Students and Elders Arrested | Students and Elders Arrested in Overwhelming Police Assault on DQ University | Police Raid D-Q University: Eighteen Students, Elders and Supporters Arrested | Update from April 1st

On March 19th, Dr. Marion "Mollie" Fry and Dale Schafer walked out of a US Court in Sacramento free on bail pending appeal after being sentenced to a five-year mandatory minimum for conspiracy to cultivate and dispense medical cannabis. US District Judge Frank Damrell deplored the sentence as a "tragedy" that should "never have happened." Supporters were elated by Judge Damrell's decision to grant release the defendants on bail after much of the hearing had resulted in rulings in favor of the prosecution. Defense attorney Tony Serra called it "one of the saddest days I've confronted in a long career" after Damrell turned down all the defense's motions to avoid the mandatory minimums.

Dr. Mollie Fry stirred the courtroom to tears as she related the story of her struggle with breast cancer and subsequent desire to help people with medical cannabis. "We caused no harm to anyone," she said, "There were no victims." Judge Damrell acknowledged the legitimacy of Fry's medical use of marijuana, but said that the couple had "spiraled out of control. ' He concluded that he had "no choice" but to impose the mandatory minimum of 5 years, a sentence dictated by the jury's finding that the couple had grown a total of slightly more than 100 plants over a period of three years.

On the final issue of the day, Judge Damrell agreed that the couple had "substantial" grounds for appeal so as to justify their release on bail. Following expert testimony by attorneys J David Nick and Ephraim Margolin, Damrell found substantial appeals issues relating to entrapment, the defendants' state of mind, and the conflict between state and federal laws. He added that the couple's precarious state of health was further extraordinary grounds for keeping them out of prison. He reprimanded Dr. Fry for her loose standards in recommending marijuana, and stipulated as a strict condition for her release that she desist from further recommendations, to which she assented. Dale Gieringer of California NORML writes, "Judge Damrell effectively declared the bankruptcy of US laws regarding mandatory sentencing and medical marijuana, and rightly referred the matter to higher authorities to decide. There are good grounds to hope that Dale and Mollie will be vindicated by the Ninth Circuit and/or a change in administration." Doctor Fry reportedly sold her practice by the end of March.

Reports from the Sentencing | Announcement of the sentencing | 8/22/2007: Medical Cannabis Doctor and Attorney Found Guilty of Growing Cannabis Plants | Doctor Fry's website

There have been a series of renewed attacks against homeless people in Fresno over the last couple of weeks. These attacks have been carried out by city officials, a vigilante businessman, and gang members. This week also featured a Press Conference where our mayor announced a crack down on crime in homeless areas. Asked if homeless people should be concerned about the increased police presence in their encampments, mayor Alan Autry reminded his audience that jail might be a good thing for homeless people. "In my studies of this over the last 15 or 20 years, a lot of folks made a decision to get off drugs and pursue a better life while in a jail cell," Autry said. Looking on the sunny side of the jail experience, Autry concluded that jail might be "the only place they could go to get dried out or off of it for a while."

Autry also commented on the ongoing lawsuit against the City of Fresno by homeless people who had their property taken and immediately destroyed by the city. Autry said "I still feel that when we took the encampment that we did it was a good thing. When we cleaned out all of the horrible stuff that was there, hypodermic needles, mattresses that had hepatitis all over them, that a good thing was done. But, the way it was done in terms of unfolding to the media was poorly done and I have regrets on that because if we had done this same type of process, even though the right thing was done, I do not agree with the court decision." In other words, if the city had properly spun the taking of homeless peoples property to the media, it would not have been a problem. The entire Press Conference centered on treating homelessness as a police problem. There were no proposals about ending homelessness, rather the approach was to put an end to the homeless through police suppression.

Article and Photos

The Sixth Annual Rally in the Valley for Peace and Justice ... Now! was organized by Peace Fresno. Shortly before the event Scott Key, Peace Fresno president, said "once more we will Rally to insist that enough is enough. We must stop the immoral and unjust Occupation of Iraq. We must stop the immoral, unjust, and senseless killing of more than a million Iraqis and of more than four thousand of our own troops. We must stop spending $1 trillion plus per year on war and preparing for war and on subsidizing the wealthy corporations that support this military killing machine. As a nation, we must take the lead in establishing peace and justice for all, both nationally and globally."

Speakers at the Rally included Eli Paintedcrow, Native American and 22 year Army veteran who served in Iraq; the Rev. Bryan Jessup, Minister at the Unitarian Universalist Church of Fresno; Gloria Hernandez, Comite No Nos Vamos, and Scott Key, President of Peace Fresno. Music was supplied by the Raging Grannies, Frank Moschella, Uncle Bill Warner, and "The Collective", a group of local high school and college musicians.

Photos

A Federal jury delivered their verdict on March 14 in the Sammy Galvan wrongful death lawsuit. The jurors unanimously agreed to dismiss the lawsuit, agreeing with the defense that the officers who shot and killed Sammy Galvan, were justified and did so because they believed their lives were in danger. The assault and battery charges against the Modesto Police Department, for their treatment of Sammy's father, were also dismissed.

In his final arguments, Modesto Deputy City Attorney James Wilson told the jury his version of what happened at the Galvan home on August 22, 2004. Wilson said that police work "routinely involves stupefying hours of boredom punctuated by moments of sheer terror." He used that framework to set the scene of a domestic disturbance call gone horribly wrong. Wilson said that when the police were called by Susan Galvan, Sammy's mother, officers Lyndon Yates and Mirl Morse were dispatched to the scene.

According to Wilson, when officers Yates and Morse arrived at the backyard cottage that Sammy lived in, they shined their flashlights through the open front door. They saw Sammy laying on his bed (it was 1 AM in the morning) and when the lights hit him he stood up. The officers said he had a knife in each hand and began to move towards them in an aggressive manner. Wilson said Sammy was told to "drop the knife" and seconds later officers Yates and Morse fired eight rounds. Four out of eight 45 caliber hollow point bullets hit and killed Sammy Galvan.

Attorneys for the Galvan family argued that things did not happen as the defense claimed. Walter Riley, in his closing statement, said the shooting was "not a lawful use of force." Riley argued that Sammy Galvan did not present an immediate threat to the officers and they should have used less than lethal force to deal with the situation.

Photo and Story

Local and national media are reporting on the recall of 143 million pounds of meat from a southern California slaughterhouse. More than 70 school districts and social service agencies in the Central Valley ended up with some of that meat. But, the issue of contaminated meat might be a lot more problematic and local than we have been told. According to Steven Gomez*, who worked for six months at Cargill Regional Beef in Fresno, the practices that led to the current recall at the Hallmark Meat Company in southern California happen every day locally.

"They use downer cows all the time," Gomez told Mike Rhodes in an exclusive interview. Gomez said it was common practice for workers in the southwest Fresno slaughterhouse to hit downed cows with sticks and eventually pick them up with a fork lift to get them onto the kill floor. According to Karen Stump*, who also worked at Cargill, "they would shoot the cow because it couldn't get up and then they would bring them into the kill room with a fork lift." Both Gomez and Stump said those downer cows would be processed and put into the food stream with all of the other cows.

According to a statement from the Humane Society of the United States (HSUS), the group that uncovered the southern California incident that led to the current recall, "downer cows must not be used for food-plain and simple. As the HSUS video shows, this is necessary to protect animals from suffering. As science has made clear, this is necessary to protect food safety. The practice of slaughtering downed cows is especially troubling now that the link between downed cattle and bovine spongiform encephalopathy (BSE), also known as mad cow disease, has been firmly established. Of the 15 known cases of BSE-infected animals discovered in North America, at least 12 involved downed animals."

* Steven Gomez and Karen Stump are not the whistleblowers' real names. Photos and full story