Defendant Sitterud Testifies No Evidence for Arrests Except Hearsay

April 15, 2002

Contact: Jean Eisenhower, Kathy Glass, Steve Christianson, 510/663-6330

Oakland, CA - On the stand today, defendant, Oakland Police Department Sgt. Michael Sitterud's testimony was riddled with contradictions, improbable surprises, and lapses of memory regarding critical facts. As Chief Investigator on the case, he testified: "I didn't involve myself in the search for evidence."

· Though extensively trained in bomb investigation, Sitterud testified he did not make any personal investigation of the bombed car while at the bombing scene.

· He testified that he took the word of the FBI defendant Frank Doyle rather than make his own inspection, and did not inquire about the nature of Judi's injuries.

· Although he admitted both Darryl and Judi separately notified authorities about the death threats they received and were carrying with them, he didn't look at the threatening evidence.

· Although he admitted both Darryl and Judi separately named two individuals they believed should be questioned, he didn't follow through on checking into those individuals.

· After testifying that he thought Darryl's statement (immediately after the bombing) about a bomb "thrown" at them was "suspicious," he never asked Darryl about his statement during his one- to two-hour questioning, though he described Darryl as very cooperative. Later, he would use this "suspicious" statement as grounds for Darryl's guilt and arrest.

· Although Judi and Darryl were placed under arrest at approximately 3 pm on May 24, he claimed not to have approved it until 3 am the next morning, and blamed "some supervisor."

· The rationale for the first search warrant for the Seeds of Peace house, he testified, was based on FBI information about Earth First!'s "reputation," which Sitterud termed "background fact," and a statement about "identical" nails which was later denied by the person who was claimed to have made it. As chief investigator, he admitted having never been able to find any matching nails himself, even though he looked for them in the evidence room. Although he claimed there was "lots of other evidence," he could recall none on the stand except for the "dramatic" evidence of a tool kit which he thought was for the purpose of making bombs, but was in fact for making stained-glass items, belonged to the daughter of an acquaintance, and was labeled such.

· He didn't recall any discussion of a motion-activated device (though it is referred to as an exhibit in the affidavit for the second search warrant), or seeing the intact guitar case on the sidewalk beside the car, which he later said was probably placed on top of the bomb.

· When asked whether Sgt. Sitterud noticed that the front door of the car was blown out and the rear door was intact and operating, he wouldn't acknowledge that fact.

· He testified he believed Earth First!'s reputation for soliciting media attention and conducting illegal acts like tree-spiking were indicators of a propensity to carry a bomb. An informer's tip about an "action" he assumed meant something illegal, like a bombing.

· He agreed that every Earth First! associate questioned had been highly cooperative until they were accused.

· He said the confinement of Shannon Marr for hours in a locked room, where she screamed and pounded on the door, was "unintentional."

· When he learned of the Lord's Avenger letter, he testified, he never told the assistant District Attorney about it. When asked by the incredulous plaintiffs' attorney if he did not know a grand jury would need this sort of evidence, he responded improbably, "I didn't know what they'd do." Later, he testified it was never tested for fingerprints.

· When FBI bomb expert David Williams showed him that the bomb had to be beneath the driver's seat, and that it had been wrapped in a towel, he said he was "surprised," but it didn't affect his judgment about Judi and Darryl as suspects. He further testified that when Williams demonstrated the impact points of the bomb's end caps, he didn't realize Williams was explaining where the bomb had to have been located.

Tomorrow, Sgt. Sitterud will complete his cross-examination, and will be followed by Dr. Peter Slabaugh, Judi's attending physician; OPD Sgt. Robert Chenault, Homicide Division, defendant, second assigned investigator at bomb scene who drafted the initial warrant with dictation by FBI agent Doyle; OPD Sgt. Myron Hanson, member of bomb and arson squad who took notes of Doyle's association of plaintiffs with FBI terrorism investigation; and Sgt. Del Kraft, OPD, on the bomb squad, who inspected the car at the scene and took notes.

The trial takes place each Monday through Friday, 8:30 am to 1:30 pm, until approximately May 24, 2002, in the Oakland Federal Courthouse, 1301 Clay Street, Judge Claudia Wilken's courtroom (4th floor). The proceedings are open to the public.