Report from Sept. 9th at Pepper Spray Trial

MEDIA ADVISORY
For immediate release
Sept. 9, 2004

OPENING ARGUMENTS TODAY IN PEPPER SPRAY BY Q-TIP CASE

Jury Seated; Trial Moves Forward in San Francisco

Beta cam video news releases and courtroom drawings are available
through the contact phone number. Video images, legal documents,
other background and links available at http://www.nopepperspray.org.

Contact: Karen Pickett, 510-548-3113

San Francisco, Calif.-A jury was selected in Lundberg et al. vs.
Humboldt County el al., otherwise known as the Pepper Spray by Q-tip
trial, stemming from civil disobedience actions in 1997 when young
activists had pepper spray smeared directly into their eyes by
arresting officers in rural northern California.

Opening arguments will be heard this morning starting at 9 a.m. in
the court of the Hon. Susan Illston, room 10, 19th floor of the
federal courthouse at 450 Golden Gate Way in San Francisco.
Plaintiffs and plaintiff attorneys will be available for media
interviews at the noon break at the main entrance of the federal
building.

Representing the eight activist plaintiffs is the award-winning legal
team from the Judi Bari vs FBI 2002 trial that includes civil rights
attorneys Dennis Cunningham, Bob Bloom, Tony Serra and Bill Simpich.
Representing the County of Humboldt, former Sheriff Dennis Lewis and
current Sheriff Gary Philp is the law firm of Mitchell, Brisso,
Delaney, and Vreize, with lead attorney Nancy Delaney assisted by
William Mitchell and William Bragg.

After opening statements in the morning, the first witnesses will be
put on the stand. Court is in session until 3:30 pm, and then
reconvenes Monday, Sept 13 at 8:30 am.

Among the first witnesses expected on the stand are:

… Carl Anderson, head of security for Pacific Lumber Company who
assisted the Sheriffs' Department in removing protestors at PL
headquarters on 9/25/97
… Eureka Police Sergeant James "Butch" Manos, officer who gave the
command for the HCSD Special Response Team to use pepper spray
against four of the young women. He assisted HCS Deputy Marvin
Kirkpatrick by holding the protestors' heads and attempting to spread
their eyelids open to get the pepper spray into their eyes.
… Humboldt County Deputy Sheriff Marvin Kirkpatrick, part of the
"Special Response Team" set up by the Sheriffs' Department in the
fall of 1997 to deal with demonstrations. He physically applied the
pepper spray via Q-tip and direct spray in all three incidents.
… Humboldt County Sheriff Sergeant Pete Ciarabellini, head of the
Special Response Team, aka the Earth First! Response Team.
###