Forest defenders face repetitive SLAPPs in Humboldt County; Necessity defense possible...

Humboldt County Superior Court has been busy moving multiple SLAPP suits through it's assembly line "justice" factory. You might think you were having deja vu if you were sitting in on the longest running one, currently underway, which pits Pacific Lumber Co. (Maxxam, SCOPAC, Palco etc.) against a small group of in pro per defendants who are much the same people as in previous SLAPPs. Pacific Lumber, who claim all sorts of damage has been done to them by tree sitters, road blockers and so on, are seeking permanent injunctions against the 4 remaking defendants. Injunctions are a serious matter and not in the same league with restraining orders for instance. What is different in this case is that the judge, Wilson, says he is considering allowing a previously barred necessity defense. That means allowing them to claim that it was necessary to trespass and impede the logging operations in order to stop irreversible harm to the ecosystem. Whether these 4 forest defenders can handle this in the event it happens is somewhat doubtful given that they are up against well connected and deep pocket Maxxam; well connected through it's ceo Charles Hurwitz and his friend Jack Abramoff and their attorneys Mitchell, Brisso, Delaney, and Vrieze who represented the Humboldt County Sheriff's Department in the Pepper Spray case that lasted almost a decade and ended with the Sheriff being allowed to apply liquid pepper spray into the eyes of people in the future if they take a notion.

While these four brave and peaceful defenders of the forest have done an amazing job of representing themselves in court they are not attorneys and have had the most limited advice from occasional conversations with local attorneys. Attorney Tracy Herrin associated herself with them in one recent case where Quentin Kopp was the judge and for which a ruling is still pending as of this writing. Any legal help would be appreciated as would support of other sorts, particularly people to fill the court room in the current trial in which a jury trial was denied them by Pacific Lumber's no longer seeking monetary damages for the clear purpose of avoiding trying this case before a jury of peers. This trial will be taking place every week day between 8:30 or 8:45 and noon though will be recessed tomorrow for an emergency dental appointment by one of the defendants.

In the event that you decide to attend this trial, one which I think should be regarded as a potential precedent setter, it is taking place in court room 3 in the Humboldt County Superior Court at 825 5th St. in Eureka. 5th St is the north bound lane of 101 as it goes through downtown Eureka and the cross street is I St. Here is a Mapquest map where you can also get driving directions.

A day by day account of the current trial of my own amateur devising may be found at the Humboldt Revolution web site, second column from the left. love and peace, -noel