Eric McDavid Update - 1.08.08

Dear friends,

We just wanted to give you the latest information about Eric's upcoming hearing dates. Unfortunately, due to circumstances beyond our control, the hearing on the motion for a new trial has been moved to January 24, and sentencing has been moved to February 14th. Every time a hearing gets moved it's a frustrating and emotionally trying situation for all of us, as this only prolongs the amount of time that Eric has to spend in Sacramento County Main Jail (which has much worse restrictions and living conditions than a federal facility, for which he is ultimately headed, will have). It also prolongs the wait we have to endure before we can start the appeals process, which can't begin until after sentencing. Please keep writing Eric! Your letters always help him through these difficult times. Information on writing Eric can be found on his website: http://www.supporteric.org

Also, if you haven't already, please consider writing a letter to Judge England encouraging him to give Eric the lowest possible sentence. The US Attorney is still indicating that they will be pushing for the maximum sentence of 20 years. The judge needs to hear from Eric’s friends and family – he needs to know that Eric is a well-respected, honest, compassionate, non-violent person. It is important for Judge England to know that the acts charged in the indictment are out of character for Eric.

Some things you might mention in your letter include:

-How you met Eric and how you know him (through school, work, mutual friends, etc.); how long you have known Eric.

-What you know about Eric's character, his reputation in the community; personal experiences you have had with him that illustrate important aspects of his character.

-What you know about Eric's relationship with his family, his close friends, his partner - the people who will be his personal support when he is in prison and when he is released. Describe for the judge how these people will assist him through these difficult times.

-How you personally will be able to help Eric get back to a normal life when he is released from prison, whether it is through helping him to pursue his education, remain employed, or establish a home.

-Examples, from your personal knowledge, of what Eric has done in his life to help others, whether it is through activist work, charitable work, work for non-profit organizations, or personally helping you or someone you know with something. Specific examples of Eric's contributions to charitable, community, and non-profit organizations are helpful.

-The judge may consider whether Eric is likely to commit another crime. If you have specific reasons to share with the judge to demonstrate why you believe that Eric is unlikely to commit another crime, please explain those in your letter.

-The judge may consider whether to sentence Eric as a "terrorist" under certain provisions of federal law and sentencing guidelines. While this is largely a technical issue that Eric's lawyer will write about, you may wish to write to the judge about how Eric's case compares to other crimes and incidents that you are personally aware of that either have or have not been treated as "terrorist" incidents.

-There may be other things you wish to say to the judge as well. Our suggestions are just that - suggestions. Please make sure you write in a polite, respectful manner to the judge.

What not to write about

Some topics are simply not helpful subjects of discussion in a letter to the Court related to sentencing. We ask that you not justify or rationalize the incidents Eric is accused of. We ask that you not compare Eric to others who have already plead to a crime and who are also facing sentencing.


Address your letter to:

Judge England
U.S. District Court, Eastern District of California-Sacramento
501 “I” Street
Sacramento, CA 95814

Please DO NOT send your letter directly to Judge England. Instead, please send them directly to Eric’s lawyer:

Mark Reichel
555 Capitol Mall, 6th Floor - Suite 600
Sacramento, CA 95814

Please mail your letter with your original signature as soon as possible. Again, letters should be sent to Eric’s lawyer, Mark Reichel, and not to the judge.

Finally, we can end with some good news - Eric is still receiving two veggie burgers a night, and has also been getting breakfast items he can eat (such as oatmeal) and peanut butter sandwiches for lunch. While this is obviously nowhere near a "balanced" vegan diet, it is a huge improvement over his previous nutritional situation. Thanks to everyone for their phone calls, letters and emails to the jail! Eric couldn't have won this victory without your help.

So thanks again for your continued support!

Yours,
SPS



5 Reasons to write a letter to the Judge for Eric

1) This is the last big thing you are being asked to do before Eric's sentencing.

2) You have a chance to write one page that could help save our friend from being unfairly locked away in prison for twenty years. This is a chance to use whatever status, privilege, or prestige you might have in the eyes of society and put it towards supporting a targeted activist like Eric.

3) Because you don't want to live in a world in which targets of repression are not supported by their friends and their community. Because you don't want to see what would happen to free speech and civil liberties if we didn't support each other.

4) The decision over how many years Eric will spend in prison will ultimately come down to one person and you have a chance to express to him what Eric means to you.

5) Because you would want everybody to do this if you were in Eric's position.