Jury May Be Close to Verdict - Bari v. FBI

Jury may be close to verdict
For information, photos, art: http://www.judibari.org

CONTACT: Steve Christianson, Darryl Cherney, Vesna Lippa at 510/663-6330

OAKLAND, CA—Today, Tuesday, May 28, 2002 in the “Judi Bari v. FBI” trial,
the 10 person-jury of eight women and two men proposed the following
question to the court in the case: “If there is one or more claims that we
cannot agree on, can we still submit a unanimous verdict on all other
claims or does this constitute a ‘hung’ jury? In other words, do we have to
reach a unanimous decision on every claim?”

Presiding Judge Claudia Wilken advised the jurors that they can return
unanimous verdicts for some of the individual claims and defendants and
offered to seal those determinations until they reach unanimous verdicts
for the rest of the claims and defendants. The judge further indicated that
they could hang on some charges, but emphasized they try to reach verdicts
on as many as possible.

Attorneys for plaintiffs Darryl Cherney and the estate of Judi Bari believe
that this is a sign that the jury may be getting close to rendering
verdicts on the many civil rights claims against the four FBI agents and
three Oakland Police officers. The eleven-year old lawsuit filed in 1991
finally went to trial this April 8 and charges that Bari and Cherney’s
First and Fourth Amendment Constitutional rights were violated when the FBI
and Oakland Police blamed and arrested the pair for a car-bomb
assassination attempt on their lives on May 24, 1990. The defendants
arrested Bari and Cherney for knowingly carrying the bomb when, in fact,
according to the FBI’s own testimony by Case Agent Walter Hemje, there was
no physical or source evidence at all that connected the two to the bomb.
The two were never charged by the District Attorney..

This morning Judge Wilken turned down a motion by FBI and Oakland Police
defendants to have the case thrown out because of a “Fiddle Down” rally
held by supporters of the Earth First!er’s lawsuit. The motion charged
that attorneys for the suit, including Tony Serra and Dennis Cunningham,
were speaking on the PA system at a annual permitted rally at the Federal
Building plaza while jurors left the federal courthouse. Judge Wilken did
order the plaintiffs legal team not to be near the courthouse or even
eateries like McDonalds and Starbucks during the times the jury would be
entering, leaving or breaking for lunch. Said Plaintiff Darryl
Cherney, “The Judge need not worry. We wouldn’t be caught dead in a
McDonalds or Starbucks.” -
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