Judge demands tree-sit video from defiant climber

EUREKA -- A judge in Humboldt County Superior Court angrily demanded that tree climber Eric Schatz turn over video footage showing logging protesters being extracted from high up redwoods, giving him another 10 days before potentially being slapped with contempt of court.

Schatz has refused to comply with retired San Mateo County Judge Quentin Kopp, saying that other footage obtained by the defense has been used to defame him. But Kopp on Monday refused to hear Schatz's reasons for bucking the demand.

”The court signed an order, that order was filed, that order stands,” Kopp yelled through a teleconference line.

Kopp stopped short of holding Schatz in contempt.

The two sides in the increasingly complicated case agreed to a trial date of June 19, with a settlement conference to be held in February. The case was first lodged by the Pacific Lumber Co., which wanted damages for tree-sit protests on Greenwood Heights Road in Freshwater in 2002 and 2003. But mid-stream the activists filed cross-complaints against Schatz and his crew, who were hired to remove tree-sitters, and the case mushroomed from there.

Schatz's attorney, Brian Carter, asked that activist Jeny Card's attorney, James Flower, be the recipient of the video if it's produced.

”We'd rather have it provided to someone with something to lose,” Carter said.

Nearly all parties in the suit said they are interested in settlement talks. But Schatz told the Times-Standard outside the courtroom that he doesn't want to settle because it won't clear his name. Video provided to the Humboldt County District Attorney's Office toward the beginning of the case was acquired by Card, who produced another video using edited portions of the original and other material.

”They've made heinous allegations against me and demonized me,” Schatz said.

Schatz said he wants to comply with Kopp's order, but feels the judge hasn't weighed his reasons for withholding it. Schatz said he hasn't decided whether to turn over the video.

Also outside the courtroom, Card said the defamation cuts both ways. She said Schatz has accused activists of using unsafe climbing gear and of abusing drugs. Card said she had no problem going to trial instead of settling.

”We're not being stubborn or staunch,” Card said. “We're willing to talk about it.”

Some footage has been aired in a felony assault case the district attorney brought against activist Ramsey Noah Gifford. Gifford free-climbed a tree where Schatz and his crew were removing another activist, and a struggle occurred 200-feet up.

The charge was reduced to a misdemeanor this spring. The trial is pending.

Schatz has apparently shown the video to another newspaper and a television news reporter.

He also offered to show footage of Card's removal to the Times-Standard, which declined because of restrictions on its use. Specifically, he would not agree to the video being shown to Card so she could comment to round out the story.