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OAKLAND, CA — The jury’s request for a copy of the 1st and 4th amendments of the US Constitution was opposed by the Department of Justice council Joseph Sher and City of Oakland council Marie Bee. Judge Wilken overruled the motion to oppose and read those amendments to the jury, but did not give the jury an actual copy of those amendments for them to return to the deliberation room. “Their agents obviously haven’t read the Constitution, so why would they want anyone else looking at it?” said Darryl Cherney, co-plaintiff in the Civil Rights lawsuit.

Bari v. FBI is in its fifth day of jury deliberations following a six week trial. There are four defendant agents from the FBI and three defendant Oakland Police officers. Lawyers from all sides must be on call to appear at the courtroom for the remainder of deliberations to answer any questios the jury may pose. More...

Press Releases

4/08/02 | 4/10/02 | 4/12/02 | 4/15/02 | 4/16/02 | 4/18/02 | 4/23/02 | 4/24/02 | 4/25/02
4/29/02 | 5/01/02 | 5/06/02 | 5/07/02 | 5/09/02 | 5/14/02 | 5/14/02 | 5/17/02 | 5/20/02

Trial Drawings

4/09/02 | 4/10/02 | 4/16/02 | 4/18/02 | 4/24/02 | 5/02/02 | 5/13/02 | 5/16/02
5/15: The jury was on recess today as a shocking turn of events unfolded at the Oakland Federal Building: Judge Wilken dropped two defendants from the Judi Bari v. FBI/OPD trial, FBI agents Hemje and Conway. These were the agents investigating the Cloverdale bombing incident shortly before Judi Bari was bombed, and are alleged to have masterminded the preparation of files for release to Judi Bari, including the FBI's failure to release crucial files -- the so-called 57 missing documents. The Cloverdale and Judi Bari bombings were initially described by the FBI in court affidavits and to the press as having been perpetrated by Bari and Cherney. On 5/14, Judge Wilken postponed closing arguments in the Bari v. FBI case until Thursday, in order to consider a motion to drop defendants Hemje, Conway, and Buck from the case and to determine jury instructions. The defense would prefer that the jury consider the "mistakes" that "reasonable men could reasonably make" in deciding whether the FBI and OPD violated Bari and Cherney's civil rights. Meanwhile the plaintiffs have filed a motion that the jury be allowed to see the COINTELPRO evidence which had previously been ruled out-of-bounds. Judi Bari v. FBI feature page.
Mon May 20 2002
Plaintiffs Rest Case

Yesterday, Wednesday, May 8, 2002, the Plaintiffs rested their case after testimony by their final two witnesses and the videotaped deposition of Judi Bari, and a videotape of television news coverage was entered into evidence.

Judi’s deposition brought tears to the eyes of many in the audience and the jury box. It concluded with a radiant smile from Judi when she learned that the FBI and OPD attorneys, who’d sought to delay her testimony for years despite calling her their prime suspect, declined to ask her any questions at all. more...

In Humboldt County, activists and residents packed the Supervisors meeting on Tuesday May 7 to refute accusations of PL's president Robert Manne that forest activists "boldly proclaim themselves as eco-terrorists". Manne, at the previous Supervisor's meeting, called on the Supervisors to ask for Homeland Security funds to quell future protests. After the comment period was over, a rally was held under the trees in Freshwater where Remedy and Raven live high in the upper branches, determined to save two of the last old growth trees remaining in this devastated watershed. In breaking news, on May 8 it was reported on local KMUD radio that Robert Manne has yielded to local pressure and sent a letter to county Supervisors retracting his accusations that local activists refer to themselves as eco-terrorists, but leaving open his request for Homeland Security funds. In an open letter to PL/Maxxam, activist Shunka outlined his views on how PL can quell protests by engaging in responsible, ecologically sound forestry.
Thu May 9 2002
Bari v. FBI continues....

· "If I knew then what I know now, I would have said 'I don't recall'." --Frank Doyle, FBI
· "I don't recall telling him that, but reading it here [in the deposition] I guess I did." --Frank Doyle, FBI
· "Perhaps in the deposition I agreed to things I should have said were otherwise." --Frank Doyle, FBI
· "It depends on your definition of 'informant'." -Phil Sena, FBI
· "I think we are having a problem with the term 'under' here." -Frank Doyle, FBI
· "Isn't it true, Ms. Pickett, that in the Earth First! Journal there is a picture of some kind of singing RODENT playing a monkeywrench?" -- Dennis Barghaan, FBI counsel (with dramatic emphasis), referring to a howling wolf. more...

Thu May 23 2002
Rally Kicks off Trial
The long awaited trial for the Bari/Cherney against the FBI/Oakland Police began at 8:30am with jury selection taking place. The trial is taking place at the Oakland Federal Courthouse, 1301 Clay Street(at 12th), from 8:30 to 1:30pm Monday through Thursday, until May 24th.

At noon, April 8th, 2002, Earth First! held a support rally in front of the courthouse. Speakers and performers included acclaimed author and activist Starhawk, Leonard Peltier Defense Committee spokesperson Linda SixFeathers, musician and activist Alice diMicele, and Judi Bari's oldest daughter Lisa Bari, who was nine when her mother was the victim of the motion triggered bomb. More...

At a press conference on April 13th, the Cascadia Forest Alliance delivered the heart breaking news that 22 year old forest defender Beth O'Brien died after falling from a rope ladder between two tree-sitting platforms at Eagle Creek, near Portland, Oregon. Beth had recently arrived in Oregon and was well known and much loved in northern California. She worked on many social justice issues and was a Food Not Bombs activist in Santa Rosa. Tragically, Beth was not wearing the safety harness that was available to her, and which she had been trained to use. The Eagle Creek tree-sit has continued non-stop for nearly three years. The timber sale in the area was finally cancelled only three days before Beth snowshoed in with two other activists to bring in supplies and to help take the tree-sit down.