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Indybay Feature

FBI on Trial: Opening Arguments (from April 9)

by special agent doyle
A ragtag yet highly-experienced veteran legal team has come together to represent the Earth First! side of the Bari v. FBI trial, including DENNIS CUNNINGHAM (lead counsel), a San Francisco civil rights and criminal defense attorney on the case since January 1992, TONY SERRA, a San Francisco criminal defense attorney who has conducted thousands of jury trials in Bay Area courts, and ROBERT BLOOM, a Berkeley criminal defense attorney who joined the case in 1993. Peruse Dennis Cunningham's opening arguments to get a taste of the logic behind the trial.
                                                                        1

             VOLUME 1 EXCERPT
             PAGES 1 - 51

                              UNITED STATES DISTRICT COURT

                             NORTHERN DISTRICT OF CALIFORNIA

             BEFORE THE HONORABLE CLAUDIA WILKEN, JUDGE

             JUDI BARI, ET AL.,          )
                                         )
                        PLAINTIFFS,      )
                                         )
               VS.                       )         NO. C 91-1057 CW
                                         )
             THE UNITED STATES OF        )
             AMERICA, ET AL.,            )
                                         )
                        DEFENDANTS.      )
             ____________________________)

                                        OAKLAND, CALIFORNIA
                                        TUESDAY, APRIL 9TH, 2002

                                TRANSCRIPT OF PROCEEDINGS

             APPEARANCES:

             FOR PLAINTIFFS:         LAW OFFICE OF DENNIS CUNNINGHAM
                                     3163 MISSION STREET
                                     SAN FRANCISCO, CALIFORNIA 94110
                                BY:  DENNIS CUNNINGHAM
                                     ATTORNEY AT LAW

             FOR PLAINTIFFS:         LAW OFFICE OF ROBER BLOOM
                                     2326 WEBSTER
                                     BERKELEY, CALIFORNIA 94705
                                BY:  ROBERT BLOOM
                                     ATTORNEY AT LAW

             FOR PLAINTIFF:          SERRA, LICHTER, DAAR, BUSTAMANTE
                                     & MICHAEL
                                     PIER 5 NORTH
                                     THE EMBARCADERO
                                     SAN FRANCISCO, CALIFORNIA  94111
                                BY:  J. TONY SERRA
                                     ATTORNEY AT LAW

             REPORTED BY:          NICHOLE M. RODICH, RPR, CSR 11604

                                                                        2

             APPEARANCES CONTINUED:

             FOR THE FEDERAL
             DEFENDANTS:             U.S. DEPARTMENT OF JUSTICE
                                     CIVIL DIVISION
                                     P.O. BOX 7146
                                     BEN FRANKLIN STATION
                                     WASHINGTON, D.C.  20044
                                BY:  R. JOSEPH SHER
                                     DENNIS BARGHAAN, JR.
                                     ASSISTANT UNITED STATES ATTORNEYS

             FOR THE OAKLAND
             DEFENDANTS:             OFFICE OF THE CITY ATTORNEY,
                                     CITY OF OAKLAND
                                     ONE CITY HALL PLAZA, 6TH FLOOR
                                     OAKLAND, CALIFORNIA 94612
                                BY:  MARIA BEE
                                     WILLIAM E. SIMMONS
                                     DEPUTY CITY ATTORNEYS

                                                                        3

          1  APRIL 9TH, 2002

          2                     *     *     *     *     *

          3

          4           MR. CUNNINGHAM:  GOOD MORNING, LADIES AND GENTLEMEN.

          5  GOOD AFTERNOON AND THANK YOU FOR YOUR PATIENCE AND THANK YOU

          6  FOR YOUR SERVICE ON THIS JURY.

          7           I'M DENNIS CUNNINGHAM.  I'M THE LEAD ATTORNEY AS THEY

          8  CALL IT FOR THE PLAINTIFFS.  TONY SERRA IS CO-COUNSEL, AND WE

          9  HAVE ANOTHER CO-COUNSEL ROBERT BLOOM WHO HAS A SLIGHT MEDICAL

         10  PROBLEM.  WE EXPECT THAT TO CLEAR UP IN THE NEXT DAY OR SO, AND

         11  HE'LL BE WITH US CERTAINLY BY NEXT WEEK.

         12           OUR PLAINTIFFS ARE DARRYL CHERNEY WHO IS ONE OF THE

         13  PEOPLE WHO WAS SPOKEN ABOUT AND DARLENE COMINGORE WHO IS THE

         14  EXECUTOR OF JUDY BARI'S ESTATE.  JUDY BARI AS YOU HEARD, PASSED

         15  AWAY SEVERAL YEARS AGO, BUT HER ESTATE SUCCEEDS ON THE CLAIMS

         16  AND RIGHTS TO ENFORCE THOSE CLAIMS IN THE COURT.  AND SO

         17  MS. COMINGORE IS IN THAT CAPACITY.  AND LISA BARI IS JUDI'S

         18  DAUGHTER, AND SHE'S HERE ON HER BEHALF AS WELL.

         19           THIS IS A CASE ABOUT -- IN WHICH WE CLAIM THAT THE

         20  DEFENDANT POLICE OFFICERS AND FBI AGENTS VIOLATED THE RIGHTS OF

         21  JUDI AND DARRYL AFTER THIS BOMBING OF THEIR CAR.  THE CAR WAS

         22  BOMBED IN OAKLAND NEAR THE FREEWAY ON PARK BOULEVARD AND ON

         23  MAY 24TH, 1990, JUST ABOUT NOON.

         24           JUDI AND DARRYL AT THAT TIME WERE, AS AT THIS TIME

         25  DARRYL CERTAINLY STILL IS, PART OF EARTH FIRST.  EARTH FIRST IS

                                                                        4

          1  MANY THINGS.  YOU'LL HEAR A GOOD DEAL ABOUT IT.  IT'S BASICALLY

          2  A PRO-ENVIRONMENT OR ENVIRONMENTALIST GROUP, ACTIVIST GROUP,

          3  GROUP FORMED AROUND THE CONCEPT OF ACTIVISM AND DETERMINED

          4  ACTIVISM TO INCLUDE CIVIL DISOBEDIENCE AS WELL.  I THINK YOU'VE

          5  HEARD THAT REFERRED TO WHERE THEY FELT IT WAS NECESSARY TO

          6  INCLUDE ALL KINDS OF ACTIVITIES THAT THEY COULD GENERATE ON

          7  BEHALF OF AND IN DEFENSE OF THE ENVIRONMENT.

          8           THE FACT THAT THEY WERE WITH EARTH FIRST AND PART OF

          9  EARTH FIRST BECAME IMMEDIATELY EVIDENT TO THE PEOPLE WHO

         10  RESPONDED TO THE BOMBING.  AND THERE WERE A NUMBER OF RESCUERS

         11  WHO CAME TO THE SCENE AND POLICE OFFICERS AND FBI AGENTS.  AND

         12  YOU'LL HEAR ABOUT THAT, AND I'LL TALK MORE ABOUT IT THIS

         13  MORNING.

         14           THE MAIN THING THAT HAPPENED IN THE FIRST AFTERMATH OF

         15  THE BOMBING WHEN THERE -- IT WAS LEARNED THAT THEY WERE WITH

         16  EARTH FIRST AND WHEN THE FBI CAME ON THE SCENE, IS THAT THE FBI

         17  AGENTS THERE SPOKE TO THE POLICE OFFICERS WHO CAME AND TOLD

         18  THEM AND TOLD SERGEANT SITTERUD IN PARTICULAR, WHO WAS THE CASE

         19  OFFICER OR THE OAKLAND DETECTIVE WHO WAS ASSIGNED TO RESPOND TO

         20  THE CASE, ONE OF TWO, BUT HE WAS THE LEAD OFFICER, THAT THE FBI

         21  WAS FAMILIAR WITH THESE PEOPLE ALREADY AS TERRORIST SUSPECTS,

         22  AS PEOPLE WHO IN HIS WORDS, THE KIND OF PEOPLE WHO WOULD BE

         23  CARRYING A BOMB.  AND THAT WAS TOLD TO THE POLICE OFFICERS

         24  WITHIN THE FIRST HOUR AFTER THE EXPLOSION.  AND THEN SERGEANT

         25  SITTERUD SAID BY THE TIME HE GOT TO THE SCENE AND WAS TOLD

                                                                        5

          1  THAT -- JUDI AND DARRYL HAD ALREADY BEEN REMOVED TO THE

          2  HOSPITAL.

          3           BUT THAT WAS, YOU'LL SEE IT IN THE EVIDENCE, SOMETHING

          4  THAT SET THE TONE FOR THE ENTIRE CASE FROM THAT MOMENT ON AND

          5  WAS A CRUCIAL EVENT AFTER THE BOMBING AND CRUCIAL MEETING OF

          6  THOSE TWO GROUPS, THE FBI AND OAKLAND POLICE, AROUND A PURPOSE

          7  THAT IMMEDIATELY AROSE, AND THAT WE SAY WAS INSTIGATED BY THE

          8  FBI BECAUSE OF A PREEXISTING DESIRE TO HARM EARTH FIRST IN THE

          9  FIRST AMENDMENT CONTEXT, HARM THIS GROUP TO DISRUPT IT'S WORK,

         10  TO MISDIRECT IT'S WORK, TO SMEAR THE GROUP IN THE PUBLIC MIND.

         11  AND THIS WAS A GOLDEN OPPORTUNITY FOR THAT AND THE PEOPLE IN

         12  THE CAR WHO HAD BEEN BOMBED TO BE REPRESENTED AS BOMBERS.  AND

         13  THE HEADLINES COULD REFLECT THAT FACT, AND THE WORLD WOULD BE

         14  TOLD THAT EARTH FIRST HAD BOMBERS IN IT AND THESE

         15  ENVIRONMENTALISTS WERE DANGEROUS AND HAD TO BE FEARED.

         16           AND THE MECHANISM OF THIS WAS IN CLASSIC TERMS A

         17  FRAME-UP, A FRAME-UP THAT WAS CONCOCTED BY THE FBI AND OAKLAND

         18  POLICE BY VARIOUS FBI AGENTS WHO ARE AMONG THESE DEFENDANTS AND

         19  THESE OAKLAND POLICE OFFICERS.  AND THE FRAME-UP WAS BASED ON

         20  FALSE EVIDENCE, FABRICATED EVIDENCE, WHICH I'LL TALK ABOUT IN

         21  MORE DETAIL, THAT WAS COOKED UP MORE OR LESS ON THE SPOT AND IN

         22  THE SUCCEEDING HOURS AND DAYS AS A PRETENDED BASIS FOR CHARGES

         23  AGAINST JUDI AND DARRYL THAT THEY WERE POSSESSING AN EXPLOSIVE

         24  DEVICE, TRANSPORTING A EXPLOSIVE DEVICE IN VIOLATION OF LAW AND

         25  WITH A TERRORIST PURPOSE, TAKING IT SOMEWHERE TO PLANT IT TO DO

                                                                        6

          1  SOME DAMAGE IN SOME HIDEOUS WAY.

          2           YOU'LL SEE THAT PARTICULARS OF THE FRAME-UP WERE

          3  PRETTY MUCH ALL -- NOT ALL, BUT MOSTLY GENERATED BY THE FBI

          4  AGENTS.  BUT YOU'LL SEE ALSO THAT THE OAKLAND OFFICERS IN NO

          5  SENSE WERE DUPED.  ALTHOUGH, I BELIEVE THEY WERE LIED TO, AND I

          6  BELIEVE YOU'LL SEE THAT.

          7           BUT THEY WERE WILLING COPARTICIPANTS.  THEY JUMPED

          8  RIGHT IN.  THEY THOUGHT IT WAS A FINE IDEA, AND THEY MADE THEIR

          9  OWN CONTRIBUTIONS.  AND THEY TOOK ON THE BURDEN OF MAKING THE

         10  ARRESTS THEMSELVES AND PUTTING THE CASE INTO THEIR SYSTEM

         11  INSTEAD OF IN THE FEDERAL SYSTEM SO THAT THEY WERE OPERATING AT

         12  THE FRONT FOR THE CASE FOR THE FALSE CASE, AND THE FBI WAS IN

         13  THE BACKGROUND.

         14           THE FBI HAD A MAJOR ROLE.  THEY TOOK POSSESSION OF ALL

         15  THE EVIDENCE.  THEY TOOK IT TO THEIR LABORATORY.  THEY MADE

         16  REPORTS BACK ABOUT IT AND IN THE ATTEMPT TO SUSTAIN THE CASE IN

         17  THE FOLLOWING DAYS AND WEEKS, AND THEY WERE REALLY THE DRIVING

         18  FORCE BEHIND THE CASE.

         19           THE ACTUAL CASE ITSELF WAS NEVER QUITE BROUGHT IN THE

         20  COURTS.  JUDI AND DARRYL WERE BOOKED BY THE OAKLAND POLICE.

         21  THE CASE WHERE THE THINGS -- THE BOMBING HAPPENED ON A

         22  THURSDAY.  THERE WERE STILL SEARCHES BEING CARRIED OUT IN OTHER

         23  POLICE OPERATIONS ON FRIDAY.  THEN CAME THE WEEKEND.  THEN WAS

         24  THE MEMORIAL DAY HOLIDAY ON MONDAY.  AND TUESDAY WHEN THEY WENT

         25  TO COURT, THE DISTRICT ATTORNEY ANNOUNCED HE WAS NOT YET

                                                                        7

          1  PREPARED TO FILE CHARGES.  HE WAS GOING TO WAIT UNTIL HE SAW

          2  WHAT CAME BACK FROM THE LABORATORY BEFORE HE WOULD DO THAT.

          3           AND THAT IS THE WAY THINGS STOOD AND CONTINUED TO

          4  STAND FOR THE NEXT SEVERAL WEEKS, I THINK ABOUT SEVEN WEEKS,

          5  UNTIL IT WAS FINALLY DECIDED THAT THERE WERE -- NO CHARGES

          6  WOULD BE FILED.  AND THE CASE AS A FORMAL CASE WAS DROPPED.

          7  THE INVESTIGATION WAS SUPPOSEDLY TO REMAIN OPEN BY THE OAKLAND

          8  POLICE.  I THINK YOU'LL SEE THEY DIDN'T DO ANYTHING MORE ABOUT

          9  IT.

         10           THE FBI CONTINUED THEIR INVESTIGATION OF THE

         11  PLAINTIFFS AND SUPPOSEDLY OF THE BOMBING FOR A COUPLE MORE

         12  YEARS AND KEPT ON DOING THINGS, AND THERE WERE OTHER AGENTS

         13  INVOLVED BESIDES THOSE WHO HAD BEEN WORKING ON IT ON THE FIRST

         14  DAY.

         15           AND YOU'LL FIND THAT THE INVESTIGATION THAT THEY

         16  CONDUCTED WAS IN FACT REALLY A SHAM.  THERE WAS NOT A SERIOUS

         17  OR GOOD FAITH ATTEMPT TO SOLVE THE BOMBING EITHER -- WITH JUDI

         18  AND DARRYL EITHER AS THE VICTIMS OR PERPETRATORS.  THERE WAS

         19  JUST A KIND OF AIMLESS ACTIVITIES OF A NUMBER OF THINGS STARTED

         20  AND NOT FINISHED.

         21           AND WITHIN THE COVER OF THAT, THEY MADE A LOT OF, THEY

         22  DID A LOT OF WORK INVESTIGATING EARTH FIRST, THE ENVIRONMENTAL

         23  MOVEMENT IN THE NORTH COUNTIES, IN CALIFORNIA HERE, HUMBOLDT

         24  AND MENDOCINO COUNTIES IN PARTICULAR WHERE THE LOGGING IS GOING

         25  ON, WHERE EARTH FIRST IN THE MONTHS AND COUPLE YEARS PRIOR TO

                                                                        8

          1  THE BOMBING HAD BEEN DOING DEMONSTRATIONS, DOING ORGANIZING,

          2  DOING PUBLIC EDUCATION TRYING TO SLOW DOWN THE CUTTING OF THE

          3  FOREST UP THERE, IN PARTICULAR, THE TAKING OF THE OLD GROWTH

          4  REDWOOD TREES, WHICH THEY HAD FOCUSED ON PARTICULARLY AS AN

          5  OBJECTIVE TO TRY TO SAVE THE REDWOOD TREES, THE OLD GROWTH

          6  REDWOOD TREES STILL IN PRIVATE HANDS.

          7           AND THEY STARTED ORGANIZING FOR A CAMPAIGN THAT WAS

          8  GOING TO GO ON THAT SUMMER OF A SERIES OF DEMONSTRATIONS THAT

          9  WOULD -- AND WHAT THEY CALL WOODS ACTIONS, EVERYTHING FROM

         10  SITTING IN TREES, BLOCKING ROADS, CHAINING THEMSELVES TO A

         11  BULLDOZER, OR HAVE A MARCH, OR RALLY IN TOWN, TALK TO PEOPLE.

         12  AND A WHOLE GAMUT OF ACTIVITIES THAT WERE PLANNED.

         13           AND I THINK YOU'LL SEE THAT IT WAS BECAUSE THIS

         14  CAMPAIGN WAS COMING UP AND PROMISED TO BE A STRONG THING AND

         15  BECAUSE THERE -- THE WORK THEY WERE DOING WAS ALREADY STRONG

         16  AND WAS DRAWING NOTICE AND WAS HAVING AFFECT, THAT THIS IS A

         17  REASON WHY THE -- THEY WERE TARGETED.

         18           EARTH FIRST WAS A TARGET AND PRESENTED, AS I SAID, AN

         19  OPPORTUNITY IN THIS EVENT HERE FOR A BLOW TO BE STRUCK AT THEM

         20  FOR AN ATTEMPT TO NEUTRALIZE THE WORK THAT THEY WERE DOING.

         21  OBVIOUSLY, THE BIG MECHANISM OF THAT ATTEMPT TO NEUTRALIZE

         22  WOULD BE THE HEADLINES WOULD BE NEWS.  EARTH FIRST ARE ARRESTED

         23  OR THESE ARE EARTH FIRSTERS -- ARE ARRESTED AS BOMBERS.

         24           AND THERE WAS INDEED SOMETHING THAT MADE THE HEADLINES

         25  ACROSS THE COUNTRY AND WAS ON THE TOP OF THE TV NEWS HERE IN

                                                                        9

          1  THE BAY AREA FOR DAYS ON END AND KEPT COMING BACK.  AND THERE

          2  WAS A DRASTIC EFFECT OVER TIME ON THE PUBLIC AND THE PUBLIC

          3  IMAGE OF EARTH FIRST AND THE REPUTATION OF EARTH FIRST.

          4           AND THERE'S NO QUESTION BUT WHAT THE -- THAT THOSE

          5  FALSE CHARGES HAD A TREMENDOUS EFFECT ON THE CIRCUMSTANCES THAT

          6  EARTH FIRST WAS WORKING ON AND THE THINGS THEY WERE TRYING TO

          7  DO.

          8           THE FRAME-UP WAS CONSTRUCTED AROUND AS I SAID EVIDENCE

          9  THAT WAS FABRICATED.  IN PARTICULAR IT HAD TO DO WITH THE

         10  ALLEGED LOCATION OF THE BOMB IN THE CAR WHEN IT WENT OFF.  AND

         11  THIS IS THE -- ACTUALLY, THE FOCAL POINT OF THE EVIDENCE THAT

         12  WAS USED OR CITED IN THE -- AS A BASIS FOR THE CRIMINAL

         13  CHARGES, THAT THE DIFFERENCE BETWEEN WHETHER THE BOMB HAD BEEN

         14  UNDER JUDI'S SEAT WHERE IT WAS HID, WHERE IT HAD BEEN PLANTED

         15  BY SOMEONE WHO WAS TRYING TO HURT HER OR KILL HER, OR WHERE IT

         16  HAD BEEN AS THE AGENTS AND OFFICERS SAID THEY BELIEVED,

         17  PRETENDED TO BELIEVE WE WOULD SAY, ON THE FLOOR IN THE BACK

         18  SEAT BEHIND THE DRIVER'S SEAT WHERE IT WOULD HAVE BEEN MORE OR

         19  LESS IN OPEN VIEW, AND WHERE THEY WOULD HAVE SEEN IT SUPPOSEDLY

         20  WHEN THEY LOADED THEIR STUFF IN THE CAR TO DRIVE AWAY FROM

         21  WHERE THEY WERE.

         22           AND THE BOMB WENT OFF.  I'M GOING TO TELL YOU MORE

         23  ABOUT WHAT HAPPENED WITH THE BOMB AND HOW IT WORKED AND WHAT

         24  HAPPENED AS A BASIS FOR THAT -- FOR THE FABRICATION OF THE

         25  EVIDENCE BASED ON THAT IDEA THAT THE BOMB HAD BEEN IN PLAIN

                                                                       10

          1  VIEW, AND THEREFORE, MUST HAVE BEEN VISIBLE WHEN THEY LOADED

          2  THE CAR AND MUST HAVE BEEN THEIRS.

          3           JUDI WAS REMOVED TO THE HOSPITAL.  SHE WAS IN SURGERY

          4  IMMEDIATELY.  SHE WAS TERRIBLY INJURED BY THE EXPLOSIVE FORCE

          5  UP THROUGH THE DRIVER'S SEAT INTO HER BODY.  HER PELVIS WAS

          6  SHATTERED.  HER COCCYX WAS BLOWN.  SHE HAD EXTENSIVE NERVE

          7  DAMAGE IN THE PELVIC AREA.  SHE HAD PROBLEMS IN HER NERVES IN

          8  HER LEGS AND PROBLEMS WALKING.  THEY TOLD HER SHE'D NEVER WALK

          9  AGAIN.  SHE DID.  SHE WAS -- IT WAS A VERY SEVERE INJURY AND

         10  LEFT HER IN PAIN FOR THE REST OF HER LIFE, AND JUST AS SHE WAS

         11  LEFT FIGHTING THESE FALSE CHARGES AGAINST HER FOR THE REST OF

         12  HER LIFE AND BEYOND TO THIS DAY.

         13           THE OFFICERS AND AGENTS MET THAT EVENING AT THE

         14  OAKLAND POLICE HEADQUARTERS.  MR. REIKES, ONE OF THE DEFENDANTS

         15  IS HEAD OF THE FBI TERRORIST SQUAD IN SAN FRANCISCO, CAME TO

         16  OAKLAND, GAVE THEM A BRIEFING ON WHAT WAS KNOWN ABOUT EARTH

         17  FIRST AND THIS ALLEGED TERRORIST BACKGROUND OF THE GROUP OR

         18  MEMBERS OF THE GROUP.

         19           THERE HAD BEEN A CASE IN SANTA CRUZ SEVERAL WEEKS

         20  BEFORE WHERE SOMEONE, WHO WAS NEVER CAUGHT, CUT DOWN POLES

         21  SUPPORTING SOME POWER LINES.  AND, ACTUALLY, THAT HAPPENED ON

         22  TWO SUCCESSIVE NIGHTS.  ONE NIGHT THEY FELL OVER, AND THERE WAS

         23  A BLACKOUT IN SANTA CRUZ COUNTY FOR SEVERAL HOURS.

         24           AND THE FBI HAD OPENED THE TERRORISM INVESTIGATION OF

         25  THAT EVENT.  AND THEY IMMEDIATELY CONNECTED THESE PEOPLE WITH

                                                                       11

          1  THAT EVENT AND WITH THAT CRIME, EVEN THOUGH THERE WAS NO BASIS

          2  TO CONNECT THEM AT ALL, OTHER THAN THE FACT THAT THEY THOUGHT

          3  THEY SUSPECTED EARTH FIRST MEMBERS IN SANTA CRUZ, WHICH WAS

          4  BASELESS.  AND SO THEY MADE THAT ASSOCIATION WITH THESE TWO

          5  PEOPLE IMMEDIATELY.

          6           THERE HAD BEEN OTHER THINGS THAT MR. REIKES TALKED

          7  ABOUT TO THE ASSEMBLED OFFICERS AND AGENTS AS A BASIS, A

          8  PREVIOUS CASE ALSO INVOLVING POWER LINES THAT WERE TAKEN DOWN

          9  IN ARIZONA WHERE THE PEOPLE WERE CAUGHT.  AND YOU'LL HEAR MORE

         10  ABOUT THAT AS WELL.

         11            THERE WAS -- THEY WROTE A SEARCH WARRANT AFFIDAVIT BY

         12  AN OFFICER -- SERGEANT CHENAULT, WHO IS HERE, WHICH HE SAID WAS

         13  ALMOST DICTATED TO HIM BY ONE OF THE FBI AGENTS,

         14  MR. FRANK DOYLE, WHO WAS A BOMB TECHNICIAN SPECIALIST IN

         15  BOMBING INVESTIGATIONS, WHO TOTALLY TOLD HIM WHAT TO PUT IN THE

         16  AFFIDAVIT.

         17           AND THEY COOKED IT UP, PUT IN SOME EXTRA THINGS OF

         18  THEIR OWN, AND PRESENTED IT TO A JUDGE 2:00 IN THE MORNING, GOT

         19  A SEARCH WARRANT, SEARCHED THE HOMES OF DARRYL AND JUDI

         20  OVERNIGHT.  AND THE NEXT DAY, THE NEWS WAS THERE.  IT WAS ALL

         21  ON THE NEWS.  THEY TOOK SEVERAL OF THEIR FRIENDS INTO CUSTODY.

         22  AND THEN THEY WENT AHEAD WITH THIS CASE.

         23           WITHIN A WEEK, THEY RECEIVED A LETTER OR SOMEONE

         24  RECEIVED A LETTER, JOURNALIST RECEIVED A LETTER, REPORTER IN

         25  THE SANTA ROSA PRESS DEMOCRAT FROM A PERSON WHO SIGNED THAT HE

                                                                       12

          1  WAS THE LORD'S AVENGER.  AND HE SAID THAT IT WAS HIM WHO HAD

          2  PLANTED THE BOMB, AND HE DID IT TO STRIKE AT JUDI BARI WHO HAD

          3  BEEN DESCRIBED AS A DEVIL WOMAN.

          4           AND HE WROTE IN VERY HEATED, SUPER CONCENTRATED

          5  RELIGIOUS RHETORIC IN THE LETTER, AND HE SAID HE WAS STRIKING

          6  AT HER BECAUSE OF A TIME A COUPLE YEARS EARLIER, YEAR AND A

          7  HALF EARLIER, WHEN SHE HAD PARTICIPATED IN A DEMONSTRATION AT

          8  AN ABORTION CLINIC IN UKIAH, WHERE SHE LIVED.  AND THERE HAD

          9  BEEN SUCH A DEMONSTRATION, AND THEY BOTH HAD BEEN AT IT OR

         10  OTHERS.

         11           THERE HAD BEEN TWO DEMONSTRATIONS, PRO AND CON

         12  DEMONSTRATIONS, STARTED OUT AS A DEMONSTRATION BY

         13  ANTIABORTIONISTS.  AND THEY HAD GONE TO MORE OR LESS DEFEND THE

         14  CLINIC, PLANNED PARENTHOOD CLINIC.  AND THIS MAN AS -- AND HE

         15  SAID HE WAS THE MAN IN THE LETTER, SAID THAT SHE HAD TO BE

         16  STRUCK DOWN FOR THAT.

         17           AND THAT HE DESCRIBED THE BOMB QUITE TO A "T".  HE

         18  SPELLED OUT THE CONSTRUCTION OF THE BOMB, AND HE SPELLED OUT

         19  THE CONSTRUCTION OF ANOTHER BOMB, WHICH HAD BEEN SET OFF IN

         20  CLOVERDALE EARLIER, ABOUT TWO WEEKS EARLIER, AND SO THAT HE

         21  WOULD ESTABLISH THE AUTHENTICITY OF HIS CLAIM BECAUSE, AS HE

         22  PUT IT, ONLY HE WOULD KNOW THE WAY THE BOMB WAS CONSTRUCTED.

         23           THE FBI AND LAB IN WASHINGTON VERIFIED INDEED IT WAS

         24  AN ACCURATE DESCRIPTION OF BOTH BOMBS, ALMOST 100 PERCENT

         25  ACCURATE, AND LEAVING THE LAW ENFORCEMENT WITH A LETTER FROM

                                                                       13

          1  THE BOMBER.  BUT WHAT THEY DID FROM THEN ON IS DECIDE THEY

          2  BELIEVED OR PRETENDED TO BELIEVE THAT JUDI HAD SENT THE LETTER.

          3  OBVIOUSLY, THEY KNEW JUDI WAS IN THE HOSPITAL WHEN IT WAS SENT.

          4  IT WAS POSTMARKED ON MAY 29TH, RECEIVED ON MAY 31ST.

          5           BUT THE IMPLICATION WAS APPARENTLY THAT SHE HAD

          6  CONFEDERATES WHO HAD SENT THIS LETTER.  THEY NEVER INVESTIGATED

          7  THE LETTER BEYOND THAT.  THEY USED IT AS PART OF A PRETEXT FOR

          8  A SECOND SEARCH LATER ON THAT GENERATED A NEW ROUND OF

          9  HEADLINES ABOUT A MONTH AFTER THE BOMBING.  THEY NEVER MADE ANY

         10  SERIOUS EFFORT TO INVESTIGATE THAT LETTER AND ANY SERIOUS

         11  EFFORT TO INVESTIGATE, AS I SAID, THE EVIDENCE THAT SHOWED THAT

         12  JUDI AND DARRYL WERE VICTIMS OF THESE CRIMES.

         13           IN FACT, THE UPSHOT OF IT WAS THAT THEY LET THE

         14  BOMBERS GO FREE.  THERE WAS NO SERIOUS EFFORTS, I THINK YOU'LL

         15  SEE THIS OVER THE COURSE OF THE EVIDENCE, THERE WAS NO SERIOUS

         16  EFFORT TO TRY AND FIND WHO REALLY BOMBED THEM.  THERE WAS NO

         17  SERIOUS BASIS TO CONTINUE TO BELIEVE IT WAS THEIR BOMB.  AND

         18  THEY JUST LET THIS THING HAPPEN.  AND IT WENT ON AND ON.  AND

         19  IN FACT, AS YOU CAN TELL, THE BOMBERS ARE STILL FREE.  NO ONE

         20  HAS EVER BEEN CAUGHT OR CHARGED.

         21           THESE THINGS CONSTITUTED A VIOLATION OF THEIR RIGHTS,

         22  VIOLATION OF RIGHTS UNDER THE 4TH AMENDMENT AGAINST

         23  UNREASONABLE SEARCH AND SEIZURE.  THE SEARCHES WERE BASED ON

         24  FRAUDULENT WARRANTS.  THE ARREST WAS BASED ON FABRICATED

         25  EVIDENCE.  THE JUDGE THERE WILL INSTRUCT YOU AN ARREST IS A

                                                                       14

          1  SEIZURE UNDER 4TH AMENDMENT.  AND THERE -- SO THAT A FALSE

          2  ARREST IS AN UNREASONABLE SEIZURE AND VIOLATION OF YOUR RIGHTS.

          3           THE UNDERLYING POINT IS THAT THESE ACTIVITIES, ACTION,

          4  FRAME-UP WAS AIMED AT NEUTRALIZING THEM AND DISCREDITING THEM

          5  COMPLETELY FOR THE WORK THEY WERE DOING.  THAT VIOLATES THEIR

          6  1ST AMENDMENT RIGHTS.  AND THAT'S THE FUNDAMENTAL CLAIM THAT WE

          7  BROUGHT HERE.  AND THE REASON WE'RE HERE IS TO COUNTERACT AND

          8  TO EXPOSE THAT ACTIVITY, THAT ACTION AGAINST THEM.

          9           AND THE EVIDENCE IS GOING TO SHOW YOU THAT THE

         10  MECHANISM BY WHICH THIS WAS DONE AMOUNTED TO A CONSPIRACY AMONG

         11  THESE AGENTS AND OFFICERS, AN EXPRESS OR IMPLIED AGREEMENT.

         12  YOU'LL ALSO RECEIVE INSTRUCTION ON THE LAW THAT WHAT IT BOILS

         13  DOWN TO, THE LAW DEFINES A CONSPIRACY AS A MEETING OF THE

         14  MINDS.  AND YOU'LL SEE THERE WAS A BIG MEETING OF THE MINDS TO

         15  DO THIS.  AND THERE WERE A SERIES OF MEETINGS OF THE MINDS TO

         16  DO -- TO TAKE THE VARIOUS STEPS AS THEY WENT ALONG TO MAKE IT

         17  HAPPEN AND KEEP IT HAPPENING AND KEEP THE SMEAR GOING.

         18           EARTH FIRST IS, AS THE JUDGE SAID, UNSTRUCTURED.  IT'S

         19  NOT AN ORGANIZATION.  IT'S NOT NOT AN ORGANIZATION.  IT'S NOT A

         20  MOVEMENT, BUT IT IS A MOVEMENT.  IT'S A SLOGAN.  IT'S ALL OF

         21  THESE THINGS AND MORE.

         22           IT STARTED IN THE EARLY 80'S AND HAD BEEN MORE OR LESS

         23  ANNOUNCED IN A SENSATIONAL WAY BY A SMALL GROUP OF PEOPLE WHO

         24  SAID THEY WERE GOING TO START AN ACTIVIST CAMPAIGN TO SAVE THE

         25  ENVIRONMENT AGAINST THE BIG CORPORATIONS WHO THEY SAID WERE

                                                                       15

          1  DESTROYING THE ENVIRONMENT AND THAT THEY WOULD USE WHATEVER

          2  TACTICS CAME TO HAND AS LONG AS THEY WERE NOT HARMFUL TO PEOPLE

          3  OR OTHER LIVING THINGS.

          4           BUT THIS INCLUDED AS THEY PROCLAIMED IT THEN AN

          5  INTENTION TO DO WHAT THEY CALL MONKEY WRENCHING, WHICH WOULD BE

          6  TO TAMPER WITH OR DESTROY HEAVY EQUIPMENT, FOR EXAMPLE, OR

          7  TO -- SOMETHING THAT EARTH FIRST IS OFTEN ASSOCIATED WITH -- TO

          8  SPIKE TREES, DRIVE IRON STEEL SPIKES INTO TREES SO THEY

          9  COULDN'T BE SEEN, AND THEN PUT UP A SIGN, THESE TREES OF HAVE

         10  BEEN SPIKED.  DON'T CUT THEM BECAUSE, OTHERWISE, YOU MIGHT RUN

         11  INTO A SPIKE.

         12           AND THOSE WERE THE THINGS THAT EARTH FIRST IMMEDIATELY

         13  BECAME FAMOUS FOR.  THOSE WERE SENSATIONAL THINGS FOR THE MEDIA

         14  TO REPORT ON.  I THINK THAT THAT WAS A CENTRAL THING IN THE

         15  CONCEPT OF IT.  WE CAN'T GET ANY ATTENTION TO THE CAUSE OF

         16  PROTECTING THE ENVIRONMENT BY MORE CONVENTIONAL MEANS.  WE NEED

         17  TO DO SOMETHING THAT WILL MAKE THE PRESS AND THE PUBLIC PAY

         18  ATTENTION TO US.  AND THAT WAS WHERE THAT STARTED.  BY THE TIME

         19  JUDI GOT INVOLVED IN EARTH FIRST, AND HERE IN CALIFORNIA, IN

         20  THE LATE 80'S, THERE HAD BEEN A LITTLE OF THAT ACTUAL ACTIVITY

         21  GOING ON.  THERE HAD BEEN A WHOLE LOT MORE TALK ABOUT IT.

         22           DARRYL WAS HERE IN CALIFORNIA.  HE HAD STARTED WORKING

         23  WITH EARTH FIRST IN ABOUT 1986, EARLIER '87.  JUDI MET HIM AND

         24  OTHERS PROBABLY IN '87 EARLY '88 AND GOT ORGANIZED INTO THIS

         25  MOVEMENT, ENVIRONMENTAL MOVEMENT, NOT TO DO SABOTAGE BUT TO DO

                                                                       16

          1  PUBLIC DEMONSTRATIONS.  JUDI CAME OUT OF THE ANTIWAR MOVEMENT

          2  WHEN SHE WAS IN HIGH SCHOOL.  SHE CAME FROM BALTIMORE, GREW UP

          3  IN A MIDDLE CLASS HOUSEHOLD.

          4           SHE HAD BEEN, AS SHE GOT OLDER, SHE HAD BEEN WORKING

          5  IN A DEPARTMENT STORE.  SHE BECAME A MEMBER OF THE RETAIL

          6  CLERKS UNION.  SHE THEN BECAME AN ORGANIZER AND LED A STRIKE OF

          7  THE RETAIL CLERKS IN HER AREA.  SHE HAD WORKED IN THE POST

          8  OFFICE THERE.  SHE WORKED IN A BIG POSTAL DISTRIBUTION CENTER

          9  IN BALTIMORE, OUTSIDE BALTIMORE, AND HAD GOTTEN INTO THE UNION

         10  THERE AND HAD BECOME AN ORGANIZER, AND AGAIN, A WILD-CAT STRIKE

         11  LEADER, AND HAD ESTABLISHED HERSELF AS AN ACTIVIST AND AS AN

         12  "AGINNER", YOU KNOW, A DISSENTER, A PERSON WHO HAD STRONG

         13  CRITIQUE OF THINGS AS THEY ARE IN OUR SOCIETY AND MEANT TO

         14  DEVOTE HER LIFE AS MUCH AS SHE COULD TO CHANGING THINGS AND TO

         15  CHANGING THEM THROUGH ACTIVISM.  AND SHE BELIEVED IN THAT IN A

         16  STRONG CENTRAL WAY AND THAT WAS WHO SHE WAS.

         17           THAT'S ALSO THE KIND OF PERSON DARRYL CHERNEY IS.  AND

         18  THE KIND OF THINGS HE ALSO BELIEVES AND THEY HAD GOT A GREAT

         19  RAPPORT AND FOR A WHILE LOVERS, AND HAD BEGUN TO DO ORGANIZING

         20  TOGETHER.  AND ONE THING IN PARTICULAR YOU'LL HEAR ABOUT IS

         21  WHENEVER THEY DID RALLIES AND DEMONSTRATIONS, THEY ALSO SANG.

         22  THEY PLAYED THE GUITAR AND JUDI PLAYED THE FIDDLE.

         23           DARRYL PLAYS A GUITAR.  HE'S QUITE A PRODIGIOUS

         24  PERFORMER AND SONG WRITER.  HE WOULD WRITE SATIRICAL SONGS

         25  ABOUT THINGS THAT WERE GOING ON.  IT BECAME MORE AND MORE, IN

                                                                       17

          1  NORTHERN CALIFORNIA, THEY'RE AGAINST THE BIG LOGGING COMPANIES

          2  AND WHAT THEY WERE DOING.

          3           AND THEY WOULD GO OUT AND DARRYL WOULD COMPOSE THESE

          4  SONGS ABOUT THIS GUY'S THE HEAD OF THIS COMPANY, OR THESE GUYS

          5  IN THIS INCIDENT.  AND THEY WOULD SING SONGS AND HAVE RALLIES

          6  AND DEMONSTRATIONS.  THEY DID TREE SITS.  THEY WOULD GET A

          7  PERSON UP IN A BIG TREE THAT WAS PLANNED TO BE CUT, AND THEY

          8  COULD RIG A PLATFORM UP THERE 70, 80, 150 FEET IN THE AREA ON A

          9  BIG OLD REDWOOD OR DOUGLAS FIR.  AND A PERSON WOULD STAY UP FOR

         10  DAYS.  YOU MIGHT HAVE HEARD OF A PERSON UP THERE A COUPLE YEARS

         11  AGO IN A TREE RECENTLY IN ORDER TO SAVE THAT ONE BIG TREE FROM

         12  THE LOGGING ACTION?

         13           AND THEY DID THAT.  THEY DID SIT-INS AT DIFFERENT

         14  TIMES AND PLACES, WORKED THROUGH THE SYSTEM AS MUCH AS THEY

         15  COULD, WENT TO HEARINGS.  THEY WOULD COME IN AND OPPOSE TIMBER

         16  HARVEST PLANS WHEN THEY WERE FILED.  AND PEOPLE -- THEY

         17  ORGANIZED LOCAL PEOPLE, AND OTHER ACTIVISTS WOULD GO AND TEND

         18  THESE HEARINGS AND TESTIFY.  THEY DID RESEARCH, HELPED PASS

         19  SOME LAWS IN THE STATE OF CALIFORNIA THAT WERE AT LEAST SOME

         20  ATTEMPT INVOLVED IN CONTROLLING THE LOGGING AND REGULATING THE

         21  LOGGING BECAUSE OF THE EFFECT IT HAD ON THE ENVIRONMENT AND IT

         22  HAD ON -- PARTICULARLY ON THE WATERSHED IN NORTH COUNTIES.

         23           WHEN THEY'RE LOGGING ON HILLSIDES, WHEN THE TREES ARE

         24  GONE, THERE'S NOTHING TO HOLD THE SOIL.  IT WASHES DOWN INTO

         25  THE RIVERBEDS AND CHOKES THE FISH.  THE BREEDING GROUNDS ARE

                                                                       18

          1  CUT OFF, STUFF LIKE THAT.  AND THEY WORKED VERY HARD TO TRY

          2  BOTH TO BRING THIS TO PUBLIC CONSCIOUSNESS THE NEED TO -- FOR

          3  CHANGE AND THE NEED FOR PRESSURE FOR CHANGE.  AND ALSO, TO

          4  IMPEDE THE -- THOSE LOGGING OPERATIONS BY DIRECT ACTION.

          5           THERE WERE THREE BIG CORPORATIONS OPERATING IN THE

          6  LOGGING BUSINESS IN NORTHERN CALIFORNIA THEN LOUISIANA PACIFIC,

          7  GEORGIA PACIFIC, AND PACIFIC LUMBER.  PACIFIC LUMBER IN

          8  PARTICULAR HAD BEEN TAKEN OVER BY ONE OF THESE CORPORATE

          9  RAIDERS, A GUY NAME HOROWITZ FROM TEXAS WHO BOUGHT IT AND USED

         10  JUNK BONDS TO FINANCE THE PURCHASE OF THE CORPORATION OR THE

         11  TAKEOVER OF THE CORPORATION.  AND THEN TO THEIR DAMAGE, TRIPLED

         12  THE CUT OF TREES IN ORDER TO PAY OFF THE JUNK BONDS AND SUCK

         13  ALL THE PROFIT OUT OF THE FOREST AS FAST AS THEY COULD.

         14           JUDI WAS SAYING FROM THE BEGINNING THAT WE -- THE

         15  CORPORATIONS ARE THE ONES WE'RE AGAINST.  THE LOGGERS ARE NOT

         16  THE ONES WE'RE AGAINST.  IN FACT, WE HAVE TO REACH OUT TO

         17  LOGGERS AND TIMBER WORKERS AND MILL WORKERS BECAUSE WHEN THOSE

         18  TREES ARE CUT, THAT'S THE END OF THE JOBS.  THAT'S THE END OF

         19  THE ECONOMY IN THESE COMMUNITIES BECAUSE THERE IS NOTHING ELSE

         20  FOR COMPANIES TO DO.  THEY'RE GOING TO CUT AND RUN.

         21           AND SHE WAS TALKING ABOUT THAT FROM THE VERY BEGINNING

         22  OF -- WHEN SHE GOT INVOLVED.  AND SHE HAD IN FACT BEGUN TO

         23  REACH OUT TO THE LOGGERS, AND SHE HAD MADE A BUNCH OF CONTACTS

         24  WITH PEOPLE, WITH WORKERS IN THE TIMBER INDUSTRY, MILL

         25  INDUSTRY.  AND THIS WAS ONE OF THE THINGS WE BELIEVE THAT DREW

                                                                       19

          1  A LOT OF SPECIAL ATTENTION TO HER BECAUSE SHE WAS REALLY

          2  EFFECTIVE IN THIS CASE.

          3           THE OTHER THING SHE HAD DONE AND BEGUN TO DO AND HAD

          4  DONE BY THE TIME SHE WAS BOMBED WAS TO INSIST THAT WITHIN EARTH

          5  FIRST THAT THE SABOTAGE STUFF, THE MONKEY WRENCHING, TREE

          6  SPIKING, ANY OF THAT STUFF HAD TO GO, HAD TO STOP.  AND THE

          7  MOVEMENT HAD TO BE NONVIOLENT AND STRICTLY NONVIOLENT BECAUSE

          8  THERE WAS NO GETTING AWAY FROM THE NEGATIVE EFFECT, JUST THE

          9  IMAGE OF TREE SPIKING HAD ON PEOPLE, HAD ON THE PUBLIC, HAD ON

         10  THE PEOPLE IN THE TIMBER COMMUNITY, HAD ON THE WORKERS BECAUSE

         11  IT SEEMED TO THREATEN THEM DIRECTLY, WHICH, OF COURSE, IT DID.

         12           SHE SAID THIS IS COUNTERPRODUCTIVE.  I DON'T CARE WHAT

         13  THE PEOPLE WHO STARTED THIS MOVEMENT THOUGHT WE OUGHT TO DO.

         14  WE SHOULDN'T DO IT.  AND WE'VE GOT TO TURN THAT IMAGE AROUND.

         15  WE'VE GOT TO REASSURE THE PEOPLE IN THESE COMMUNITIES AND THE

         16  WORKERS THAT WE'RE NOT ABOUT THAT, AND THAT WE'RE GOING TO BE

         17  NONVIOLENT AND MILITANTLY NONVIOLENT.

         18           AND THE REDWOOD SUMMER CAMPAIGN IN WHICH WAS BEING

         19  PLANNED AT THAT TIME OF THE BOMBING, WHICH WAS GOING TO HAPPEN

         20  OVER THAT SUMMER, WAS EXPLICITLY MODELED AFTER MISSISSIPPI

         21  SUMMER.  IT WAS ABOUT NONVIOLENCE.  NONVIOLENCE WAS CENTRAL TO

         22  THE APPROACH.  AND THAT WAS THE WAY IT WAS ADVERTISED TO PEOPLE

         23  THEY WERE TRYING TO GET TO COME AND SUPPORT IT.

         24           YOU HAD TO SIGN A PLEDGE, AND GO THROUGH TRAINING HOW

         25  TO BE NONVIOLENT, HOW TO BE NONVIOLENT IN THE FACE OF VIOLENCE

                                                                       20

          1  BECAUSE IN THE TIME LEADING UP TO THE BOMBING, AND THE ACTIONS

          2  THAT THEY HAD DONE UP THERE, THEY HAD RECEIVED A LOT OF

          3  HOSTILITY, A LOT OF THREATS.  THEY HAD BEEN MET WITH SILENCE.

          4  THEY HAD -- A COUPLE PEOPLE HAD BEEN BEAT UP.  AND THERE HAD

          5  BEEN A LOT OF THREATS AND SOME OF THEM VERY PUBLIC.

          6           SHE WENT TO A COUNTY BOARD MEETING WITH A COUPLE OF

          7  LOGGERS THAT HAD -- WERE BEGINNING TO SEE EARTH FIRST'S WAY A

          8  LITTLE BIT.  AND THEY HAD THEIR -- LOUISIANA PACIFIC HAD JUST

          9  ANNOUNCED THEY WERE GETTING READY TO SHUT A MILL OR SHUT

         10  ANOTHER MILL.  AND SHE TOLD THE COUNTY BOARD THEY OUGHT TO TAKE

         11  OVER THOSE MILLS BY THE POWER OF EMINENT DOMAIN SO THE ECONOMY

         12  OF THE TOWN WOULD NOT COLLAPSE.

         13           AND WE BELIEVE THIS WAS ANOTHER THING THAT DREW A LOT

         14  OF NOTICE AND ATTENTION FROM PEOPLE SOMEWHERE ON THE OTHER SIDE

         15  THAT WERE INCREASINGLY AWARE OF THE POWER OF HER ORGANIZING AND

         16  THE STRENGTH OF HER VOICE AND THE THREATS THAT SHE POSED TO

         17  THEM OR TO THEIR ABILITY TO TAKE PROFIT OUT OF THESE FORESTS ON

         18  THEIR OWN TERMS.

         19           THERE HAD BEEN, IN ADDITION TO THE OPEN THREATS AND

         20  HOSTILITY THAT THEY HAD ENCOUNTERED, THERE HAD BEEN A NUMBER OF

         21  WRITTEN THREATS AND ANONYMOUS THREATS, SEEMED LIKE DEATH

         22  THREATS, SEEMED TO BE QUITE UNCONDITIONAL.  GET OUT AND GO BACK

         23  WHERE YOU CAME FROM.  YOU WON'T GET A SECOND WARNING, ONE OF

         24  THEM SAID.

         25           ANOTHER ONE WAS MAILED TO THE OFFICE THAT THEY HAD UP

                                                                       21

          1  THERE.  A PICTURE OF HER CUT OUT OF A NEWSPAPER WITH A RIFLE

          2  SCOPE, CROSS HAIRS, WRITTEN ACROSS HER FACE.  AND THERE WERE,

          3  YOU KNOW, QUITE A NUMBER OF THESE UP TO MAYBE A DOZEN IN

          4  WRITING ON PAPERS.  AND THEY HAD COPIES OF THEM WHEN THEY WERE

          5  BOMBED IN THE CAR.

          6           AND THEY HAD COPIES AS WELL OF TWO OR THREE DOCUMENTS

          7  THAT GOT UP TO LOOK LIKE THEY WERE PRESS RELEASES FROM EARTH

          8  FIRST.  AND THEY HAD -- WOULD HAVE THE LOGO ON IT AND THE NAME

          9  EARTH FIRST AT THE TOP, AND THEN THE WRITING WOULD SAY WE DON'T

         10  BUY THIS NONVIOLENCE STUFF.  WE'RE GOING TO FIGHT.  WE'RE GOING

         11  TO DO WHAT WE HAVE TO DO, BLAH, BLAH, IF WE HAVE TO RESORT TO

         12  VIOLENCE, THAT'S WHAT WE'RE GOING TO DO.

         13           THESE WERE FAKES.  THEY HAD BEEN GOT UP BY SOMEONE ON

         14  THE OTHER SIDE, AGAIN, TO DISCREDIT THEM, AGAIN, TO TURN PEOPLE

         15  AGAINST THEM.  AND THEY WERE PASSED OUT IN THE BREAK ROOMS AND

         16  TO -- AT THE MILLS AND PASSED OUT IN THE LAUNDROMATS IN LOGGING

         17  TOWNS AND PASSED OUT -- THEY WERE NOT PASSED OUT BY ANYONE IN

         18  EARTH FIRST AND NO ONE IN EARTH FIRST EVER HEARD OF THEM.

         19           THEY HAD DARRYL'S NAME SPELLED WRONG, DIDN'T HAVE A

         20  CONTACT NUMBER, A PHONE NUMBER, WHICH THEY ALWAYS WOULD PUT.

         21  THEY HAD -- ONE OF THEM WAS SIGNED BY EARTH FIRST IN ARCATA.

         22  THERE WAS NO EARTH EARTH FIRST GROUP IN ARCATA AND SO FORTH.

         23           THEY WERE -- LIKE THE THREATS, THESE DOCUMENTS WERE

         24  SERIOUS INDICATIONS OF THE HOSTILITY ON THE OTHER SIDE, OF THE

         25  DANGER TO THE EARTH FIRSTERS THAT HAD BEEN ARISEN BECAUSE OF

                                                                       22

          1  THE INTENSITY OF THE FEELINGS THAT CAME OUT OF THEIR MAKING

          2  THESE PROTESTS.

          3           THERE WAS ANOTHER MEETING AT THE COUNTY BOARD WHERE

          4  JUDI WAS TRYING TO LAY OUT WHAT THE PLAN WAS FOR REDWOOD SUMMER

          5  AND PERSUADE EVERYONE THEIR INTENTIONS WERE NOT VIOLENT IN ANY

          6  WAY, AND THEY WERE COMMITTED TO NONVIOLENCE.  AND SHE SHOWED

          7  THE CROSS HAIRS PICTURE, THAT THREAT SHE GOT.  THERE WERE A LOT

          8  OF PEOPLE FROM THE OTHER SIDE IN THE ROOM.  SHE SAID, HELD IT

          9  UP, THE PERSON WHO SENT THIS IS PROBABLY IN THIS ROOM.  AND THE

         10  PERSON ON THE COUNTY BOARD SAID YOU BROUGHT THIS ON YOURSELF.

         11           THEY WERE, IN SHORT, IN AN ATMOSPHERE OF WHERE THERE

         12  WAS HOSTILITY, CONFLICT, YOU KNOW, APPREHENSIVENESS, ANGER, AND

         13  WHICH HAD GIVEN RISE TO THESE VERY EXPLICIT THREATS AND

         14  THESE -- INFORMATION ABOUT THE CIRCUMSTANCES THAT EXISTED WHEN

         15  THE BOMBING TOOK PLACE THAT GOOD FAITH INVESTIGATORS WOULD HAVE

         16  FOUND OUT RIGHT AWAY.  THEY HAD THREATS, WRITTEN THREATS, IN

         17  THEIR HANDS.  THEY IGNORED THEM.  THEY IGNORED ALL THAT

         18  INFORMATION THAT POINTED TO THE FACT THAT JUDI AND DARRYL WERE

         19  VICTIMS OF THE BOMBING.  AND THAT THEY LOOKED ONLY FOR A BASIS

         20  TO PROVE-UP THEIR FALSE CLAIM THEY WERE PERPETRATORS.

         21           THE BIG ASPECT OF THE FRAME-UP, AS I SAID, WAS THIS

         22  ISSUE ABOUT THE LOCATION OF THE BOMB INSIDE THE CAR WHEN IT

         23  WENT OFF.  AND YOU'RE GOING TO SEE WHEN YOU FINALLY DO SEE THE

         24  PHOTOGRAPHS THAT -- AND WHEN YOU SEE THE CAR, WHICH YOU'LL SEE,

         25  AND WHEN YOU HEAR FROM THE FBI'S OWN EXPERT AND ALSO FROM THE

                                                                       23

          1  PLAINTIFFS' EXPERT, THAT YOU'LL SEE YOURSELF ANYONE COULD SEE

          2  THAT THIS BOMB WAS UNDER THE SEAT.

          3           ANYONE COULD SEE THAT -- WHERE THE BOMB WAS LOCATED,

          4  YOU'RE LOOKING, IT'S EITHER UNDER HERE OR IT'S BACK HERE IF

          5  THIS IS THE DRIVER'S SEAT.  AND YOU'LL SEE THE SEAT BLOWN UP.

          6  IT'S LIKE THIS ONE WHERE THE RESCUERS TOOK HER UP OFF THE SEAT.

          7           WHEN THE BOMB WENT OFF, SHE WAS DRIVING DOWN THE

          8  STREET FOLLOWING ANOTHER CAR.  THE YOUNG WOMAN SHANNON MARR WHO

          9  WILL TESTIFY WHO WAS LEADING THEM FROM THE PLACE WHERE SHE HAD

         10  SPENT THE NIGHT BACK TO A HOUSE IN BERKELEY.  THEY HAD A

         11  MEETING IN BERKELEY THE DAY BEFORE WITH PEOPLE FROM DOWN HERE

         12  THAT WERE GOING TO HELP WITH THE REDWOOD SUMMER CAMPAIGN,

         13  PARTICULARLY A GROUP NAMED SEEDS OF PEACE.

         14           THERE WERE SEVERAL GROUPS THAT HAD A COALITION TO MAKE

         15  REDWOOD SUMMER HAPPEN AND WERE WORKING ON IT THIS TIME IN MAY.

         16  AND ASKED, AFTER THAT MEETING HAD GONE ON ALL DAY INTO THE

         17  NIGHT, AND ONE OF THE PEOPLE HAD A HOUSE IN OAKLAND.  HE TOLD

         18  JUDI, I GOT A SPARE ROOM.  YOU CAN SPEND THE NIGHT THERE.  YOU

         19  DON'T HAVE TO SLEEP ON THE FLOOR.  YOU CAN GET AWAY FROM THE

         20  CONFUSION OF ALL THESE PEOPLE.  AND SHE WENT OVER THERE.

         21           AND THEN DARRYL CAME OVER IN THE MORNING, AND SHANNON,

         22  AND DID WORK THERE.  THEY SANG THEIR SONGS, AND THEN THEY LEFT.

         23  AND THEY WERE GOING TO GO BACK TO BERKELEY TO THE HOUSE BRIEFLY

         24  AND GOING TO SANTA CRUZ.  AND THEY HAD A CONCERT SCHEDULED AT

         25  THE UNIVERSITY IN SANTA CRUZ THAT NIGHT, AN ORGANIZING EVENT

                                                                       24

          1  FOR REDWOOD SUMMER.

          2           THEY DROVE AWAY FROM THE HOUSE AND DRIVING DOWN PARK

          3  BOULEVARD, AND SHANNON WAS IN THE CAR AHEAD OF THEM.  AND JUDI

          4  SAID THAT SHE GOT INTO A LANE TO MAKE A LEFT-HAND TURN AND JUDI

          5  SAW HER LATE, JERKED THE CAR TO TURN IT INTO THE OTHER LANE,

          6  AND THAT'S WHAT HAPPENED WHEN THE BOMB BLEW UP.

          7           AND THE CAR -- SHE LOST CONSCIOUSNESS AND CONTROL OF

          8  THE CAR.  IT COASTED DOWN THE STREET ON THE CORNER BY PARK

          9  BOULEVARD AND MACARTHUR, JUST UNDER THE FREEWAY THERE, AND CAME

         10  TO REST AGAINST ONE OF THOSE RAILINGS THAT THEY PUT ON THE

         11  CORNER WHEN THEY DON'T WANT YOU TO MAKE A PEDESTRIAN CROSSING

         12  THERE.

         13           AND IT WAS -- THE CAR WAS UP AGAINST THE RAILING LIKE

         14  THIS, AND THEY HAD TO CUT THE RAILING TO MOVE IT BACK OUT OF

         15  THE WAY TO GET HER OUT.  AND THEN THEY HAD THE FIREMEN WITH THE

         16  JAWS OF LIFE, DIFFERENT TOOLS THEY HAVE TO CUT THE SIDE OF THE

         17  CAR OUT, IT WAS THE DOOR AND -- OFF AND TO GET A BOARD

         18  UNDERNEATH HER, A BODY BOARD UNDERNEATH HER BODY IN THE CHAIR

         19  AND LIFT IT OUT AND PUT HER ON THE GURNEY TO GO IN THE

         20  AMBULANCE.

         21           THE FIREMAN WILL TESTIFY HE OPENED THE BACK DOOR AND

         22  GOT IN BEHIND HER, HELD HER HEAD HERE, AND PUT THE SEAT BACK A

         23  LITTLE BIT.  AND THEN WHEN THEY PICKED HER UP OFF THE DRIVER'S

         24  SEAT, HE HAD TO DISENGAGE SOME OF THE SPRINGS IN THE SEAT FROM

         25  THE FLESH IN HER BUTT WHERE THE BOMB HAD BLOWN UP THE SEAT

                                                                       25

          1  ASSEMBLY INTO HER.  AND SO THAT THEY COULD GET THE BOARD ALL

          2  THE WAY UNDER AND LIFT HER OUT.

          3           AND AFTER THAT WAS DONE, THE OAKLAND POLICE EVIDENCE

          4  PEOPLE WERE ON THE SCENE RIGHT AWAY AND TOOK PICTURES.  THOSE

          5  WERE THE PICTURES YOU'LL SEE.  AND THERE IS ALSO SOME NEWS

          6  FOOTAGE AT THE TIME.  BY THE TIME THEY COULD GET HER OUT, THE

          7  NEWS WAS ON THE SCENE.  AND THIS IS ON VIDEOTAPE THAT -- AND

          8  YOU'LL SEE THE SEAT IS ALL PULLED UP HERE WHERE THE BOMB HAD --

          9  THE FORCE OF THE BOMB HAD DRIVEN UP THROUGH THE SEAT INTO HER.

         10           AND THEN THERE'S A HOLE IN THE FLOOR OF THE CAR THAT

         11  STARTS BACK HERE BEHIND THE SEAT.  THE FIREMAN ACTUALLY SAID HE

         12  STOOD ON THE PAVEMENT WITH HIS FEET THROUGH THE HOLE IN THE

         13  FLOOR OF THE CAR.  AND THE HOLE GOES FROM THE FRONT OF THE --

         14  TO THE FRONT OF THE SEAT ALMOST TO THE FOOT PEDALS, A HUGE OPEN

         15  GAPING HOLE IN THE FLOOR PAN OF THE CAR AFTER THE SEAT IS TAKEN

         16  OUT, WHICH YOU'LL SEE.

         17           AND THE BOMB HAD BEEN UNDER THE SEAT IN THE WELL UNDER

         18  THE SEAT AND WHERE IT WAS SURROUNDED ON THREE SIDES BY THE

         19  DRIVE TRAIN HOUSING, WHERE THE GEAR SHIFT, EMERGENCY BREAK IS

         20  ON THE RIGHT SIDE, AND BY THE FRAME OF THE CAR COMING UP ON THE

         21  LEFT SIDE.  AND THERE'S A BRACE ACROSS -- PIECE UNDER THE -- ON

         22  THE FLOOR TOWARDS THE FRONT OF THE CAR, THE SEAT.  AND THE BOMB

         23  LOOKED AS IF IT HAD BEEN SNUG UP AGAINST THE BRACE, WHICH IS

         24  BLOWN AWAY.

         25           AND IT HAD -- SO THERE WAS OPEN SPACE BEHIND THE SEAT

                                                                       26

          1  TO FORCE -- MUCH OF THE FORCE OF THE BOMB, OTHER THAN WHAT WENT

          2  DOWN, BLEW THE HOLE, AND WENT UP INTO HER, CAME OUT THIS WAY

          3  AND WENT UP THE BACK OF THE SEAT AND TORE IT APART.  AND YOU'LL

          4  SEE ALSO THAT APPARENTLY THE FORCE OF THE BOMB WENT TO THE

          5  RIGHT AND HIT THE DRIVE TRAIN HOUSING, THAT HUMP IN THE CAR,

          6  AND WENT UP AND DROVE THE ROOF OF THE CAR UP LIKE THIS.  YOU'LL

          7  SEE THAT TOO, LIKE A TENTED EFFECT IN THE FRONT OVER THE

          8  WINDSHIELD WHERE IT WOULD BE FLAT UP LIKE THIS, JUST TO THE

          9  RIGHT IN THE MIDDLE OF THE CAR.

         10           THESE THINGS -- AND THERE ARE SEVERAL DETAILS TO IT,

         11  TO THE -- WHAT YOU WOULD SAY THE ANALYSIS OF THE PHYSICAL CAR

         12  AFTER THE BOMB HAD EXPLODED FROM WHICH YOU COULD SEE VERY

         13  PLAINLY, AND I BELIEVE YOU'LL ALL SEE VERY PLAINLY WITHOUT ANY

         14  DOUBT, THAT THE BOMB WAS UNDER THE SEAT.  AND THERE'S NO

         15  QUESTION ABOUT IT BUT THE AGENTS, IN PARTICULARLY MR. DOYLE,

         16  INSISTED THAT THE BOMB HAD BEEN IN THE BACKSEAT AT THE

         17  BEGINNING OF THE HOLE WHERE IT WOULD HAVE BLOWN IN BOTH

         18  DIRECTIONS BECAUSE THAT'S THE WAY BOMBS BLOW IN SPHERICAL WAY.

         19  WHEREVER THE EXPLOSION TAKES PLACE, IT COMES OUT ALL

         20  DIRECTIONS.

         21           AND SO THAT IS ONE PARTICULAR OF THE TECHNICAL

         22  EVIDENCE THAT A BOMB DOESN'T BLOW A HOLE IN ONE DIRECTION.  IT

         23  BLOWS IT IN BOTH DIRECTIONS OR ALL DIRECTIONS.  AND THAT IS THE

         24  KIND OF THING THAT WE WOULD SAY WOULD HAVE TOLD HIM, WOULD HAVE

         25  TOLD ANYONE, BUT CERTAINLY WOULD HAVE TOLD A NUMBER OF TRAINED

                                                                       27

          1  BOMBING INVESTIGATORS, DIFFERENT LEVELS OF EXPERIENCE AND

          2  EXPERTISE THAT CAME TO THE SCENE AT VARIOUS TIMES, THAT THE

          3  BOMB WAS UNDER THE SEAT, THERE WAS REALLY NOT MUCH DOUBT ABOUT

          4  IT.

          5           BUT WHAT HAPPENED WAS THE OPPOSITE.  THE CONSENSUS WAS

          6  DEVELOPED AND YOU'LL HEAR THEM ASSERT IT THAT THE BOMB HAD BEEN

          7  IN OPEN VIEW IN THE BACKSEAT.  AND THERE WERE INDEED OTHERS

          8  BESIDES THE DEFENDANTS WHO SUPPOSEDLY OR APPARENTLY OR MAY COME

          9  IN HERE AND AFFIRM THEY DID BELIEVE THAT.  BUT IT WASN'T TRUE.

         10  AND YOU CAN'T -- IT'S UNSUPPORTABLE, AND YOU'LL SEE THAT.

         11           YOU'LL SEE A NUMBER OF THINGS I SAID.  I'M GETTING

         12  AHEAD OF MYSELF.  THERE WERE OTHER -- THERE WERE OFFICERS FROM

         13  THE OAKLAND DEPARTMENT, COLLEAGUES OF SERGEANT SITTERUD AND

         14  CHENAULT, LIEUTENANT SIMS WHO WERE ASSIGNED TO BOMB

         15  INVESTIGATION DUTY, WHO SAID THAT -- VARIOUSLY THAT THEY WOULD

         16  SUPPORT THE CONSENSUS THAT THE BOMB WAS BEHIND THE SEAT.

         17           ONE IN PARTICULAR, SERGEANT HANSON, HAD JUST BEEN TO A

         18  BOMB SCHOOL IN EUREKA AT COLLEGE OF THE REDWOODS THAT WAS

         19  CONDUCTED BY THE FBI AND IN WHICH MR. DOYLE WAS THE MAIN

         20  INSTRUCTOR.  AND SERGEANT HANSON SAID I WASN'T ABOUT TO

         21  AGREE -- DISAGREE WITH MY TEACHER.  THERE WERE OTHER FBI

         22  AGENTS.  THERE WAS AN AGENT FROM ALCOHOL, TOBACCO, AND

         23  FIREARMS, COUPLE OF THEM.

         24           ONE WAY OR ANOTHER IT WILL BE REPRESENTED THAT THEY

         25  ALL AGREED THAT THE BOMB MUST HAVE BEEN IN OPEN VIEW.  BUT

                                                                       28

          1  YOU'RE GOING TO SEE FROM THE PHYSICAL EVIDENCE THAT THEY WOULD

          2  HAVE KNOWN IT WASN'T TRUE, AND THEY WEREN'T REALLY STANDING

          3  BEHIND THEM IN ANY EVENT.  THAT PEOPLE WHO STOOD BEHIND IT WERE

          4  THE DEFENDANTS, FBI DEFENDANTS, MR. REIKES AND MR. DOYLE, AND

          5  THE OAKLAND DEFENDANTS WHO ADOPTED THIS AS THE BASIS FOR THE

          6  ARREST AND FOR THE SEARCH WARRANT.  AND THE SEARCH WARRANT

          7  AFFIDAVIT THAT SERGEANT CHENAULT WROTE.

          8           I LOOKED AT THE CAR WITH FBI AGENTS.  AGENT DOYLE IS

          9  VERY EXPERIENCED.  HE RECITED THE EXPERIENCE.  YOU'LL READ THE

         10  DOCUMENTS.  HE TOLD ME HIS OPINION WITH THE LOCATION OF THE

         11  BOMB WAS BASED ON A LARGE HOLE IN THE CAR, THAT IT HAD BEEN AT

         12  THE REAR SEAT FLOOR BOARD.

         13           AND THERE WILL BE A CLAIM, I THINK, WELL, WE DIDN'T

         14  LOOK AT IT AS CLOSELY AS WE MIGHT HAVE.  WE DIDN'T SEE -- WE

         15  COULDN'T SEE IT BECAUSE OF THE SEAT WAS IN THE WAY.  BUT, IN

         16  FACT, YOU'LL SEE FROM THE PHOTOGRAPHIC RECORD THAT THE SEAT WAS

         17  OUT OF THE CAR WHILE THE CAR WAS STILL AT THE SCENE.  AND

         18  EVERYBODY CAN SEE THE SHAPE OF THE HOLE, THE SIZE OF THE HOLE,

         19  AND THE HOLE IN THE SEAT.

         20           AND THEY COULD SEE ALSO THE FACT THAT THE BACKSEAT,

         21  WHICH IS RIGHT WHERE -- WOULD BE ABOUT HERE, A BENCH SEAT IN

         22  FRONT OF WHERE THE BOMB SUPPOSEDLY WENT OFF, WAS REALLY NOT

         23  DAMAGED AT ALL.  THERE'S A SEAM ON THE SEAT COVER THAT WAS

         24  RIPPED.  AND YOU CAN SEE THE FOAM RUBBER CUSHION OF THE SEAT

         25  SHOWING THROUGH IT.  BUT IT'S NOT BURNED UP.  IT'S NOT RIPPED

                                                                       29

          1  APART.  IT'S NOT DESTROYED BY THE FORCE OF THE BOMB GOING OFF

          2  RIGHT NEXT TO IT, AS THIS SEAT WAS.  IT IS PRETTY WELL INTACT.

          3           AND EVEN MORE THAN THAT, YOU'RE GOING TO SEE, AND

          4  YOU'RE GOING TO SEE THIS VERY GRAPHICALLY, I WISH I COULD SHOW

          5  YOU NOW, OF THE TWO DOORS ON THE DRIVER'S SIDE.  THE FRONT DOOR

          6  IS BLOWN OUT WITH A HUGE BULGE IN THE BOTTOM, ALL SMASHED UP

          7  AND JAMMED IN THERE.  AND THEY HAD TO USE THE JAWS OF LIFE TO

          8  SPREAD THE DOOR TO POP IT OPEN.

          9           BUT THE BACK DOOR WASN'T AFFECTED.  THE BACK DOOR WAS

         10  UNDAMAGED.  THERE'S A LITTLE BIT OF FACING ON THE INSIDE,

         11  RIPPED OFF.  IN FACT, THE FIREMAN WHO CAME, FIRST MAN WHO CAME

         12  THERE, WILL TELL YOU HE WALKED UP AND OPENED THAT CAR AND GOT

         13  INTO THE CAR BEHIND HER AND REACHED DOWN TO HOLD HER HEAD

         14  STEADY AND GET HER OXYGEN AND HOLD HER HEAD AND NECK STEADY SO

         15  THERE WOULD BE NO CERVICAL DAMAGE BY ANY MOVEMENT BEFORE THEY

         16  WERE ABLE TO BRACE HER HEAD WITH THE BODY BOARD AND KEEP IT.

         17  SO THAT'S WHAT YOU DO WHEN AN ACCIDENT OR OCCASION OF THAT

         18  TYPE, IMMOBILIZE THE PERSON TO PROTECT THE NECK AND SPINE.

         19           AND HE WALKED IN THAT DOOR.  BUT THE FRONT DOOR WAS

         20  SMASHED UP AGAINST THIS RAILING, CUT THE RAILING AWAY.  THEY

         21  OPENED THE DOOR THIS WAY, THE FRONT DOOR.  THEN THEY CUT THE

         22  DOOR POST RIGHT UP HERE AND THE FRAME DOWN HERE, AND WAS BLOWN

         23  APART OVER THERE SO THEY COULD TAKE THE WHOLE BACK DOOR

         24  ASSEMBLY OFF, SEE IT LYING ON THE PAVEMENT.  THE DOOR IS

         25  UNDAMAGED, AND THE OTHER DOOR IS ALL BLOWN OUT.  THAT'S

                                                                       30

          1  PROBABLY THE SINGLE MOST GRAPHIC THING YOU'LL SEE THAT THE BOMB

          2  WAS NEXT TO THE FRONT DOOR, WHICH IS ALL BLOWN UP, AND NOT NEXT

          3  TO THE BACK DOOR, WHICH IS NOT DAMAGED.

          4           THAT DIDN'T -- NONE OF THAT, AND THERE'S CERTAINLY

          5  MORE TO IT, AFFECTED THEM OR DETERRED THEM FROM GOING AHEAD

          6  WITH THIS ARREST BASED ON THE IDEA THE BOMB WAS IN OPEN VIEW,

          7  NOR DID THE LETTER THEY GOT FROM THE LORD'S AVENGER, APPARENT

          8  RELIGIOUS FANATIC, YOU'LL SEE YOURSELVES.  YOU CAN MAKE YOUR

          9  OWN JUDGMENT.  WE DON'T HAVE THE LANGUAGE, THE WRITING, THE

         10  RHETORIC IN THIS LETTER.  SEEMS QUITE AUTHENTIC, ALTHOUGH,

         11  FANATICAL AND CRAZY.

         12           IT'S CONSISTENT, THOROUGH GOING THROUGHOUT THE TEXT OF

         13  THREE PAGES OF CLOSELY TYPED WRITING, FULL OF QUOTATIONS FROM

         14  THE BIBLE THAT SUPPOSEDLY BEAR OUT THE VIEWS THAT ARE BEING

         15  EXPRESSED, AND THE REASONS THAT THE WRITER GIVES FOR ATTACKING

         16  JUDI IN TRYING TO KILL HER.  AND THEN HE EXPRESSED SATISFACTION

         17  SHE DIDN'T DIE.  NOW SHE IS GOING TO LIVE IN PAIN.  THE

         18  EXPRESSED THE SATISFACTION THAT EVEN THOUGH HE SAID HE HAD PUT

         19  THE BOMB IN THE CAR, WHOLE DAY BEFORE 24 HOURS OR SO BEFORE,

         20  THAT THE LORD STAYED THE HAND OF THE CLOCK SO IT DIDN'T GO OFF

         21  UNTIL THE DEVIL WOMAN'S CONSORT WAS IN THE CAR WITH HER THE

         22  NEXT DAY AND COULD ALSO TASTE THE VENGEANCE OF THE LORD'S

         23  AVENGER.  THEY DIDN'T INVESTIGATE THAT.  THEY ASSOCIATED IT

         24  WITH JUDI INSTEAD.

         25           THERE WAS A LOT OF CONTROVERSY ABOUT THIS CASE BECAUSE

                                                                       31

          1  EARTH FIRST DIDN'T LIE DOWN OR SIT STILL FOR IT.  THEY WERE

          2  DOWN AT THE POLICE STATION IMMEDIATELY.  JUDI AND DARRYL WERE

          3  UNDER ARREST 3:00 O'CLOCK THAT AFTERNOON.  THREE HOURS AND FOUR

          4  OR FIVE MINUTES AFTER THE EXPLOSION.  JUDI IS IN SURGERY.

          5  DARRYL IS IN THE EMERGENCY ROOM BEING TENDED TO.

          6           YOU'LL SEE A POLICE REPORT THAT IS FILLED OUT, TIME OF

          7  ARREST 1500 HOURS ON MAY 24TH, 3:00 O'CLOCK IN THE AFTERNOON.

          8  ANOTHER POLICE REPORT, I WAS CALLED TO DUTY AT 4:00 O'CLOCK IN

          9  THE AFTERNOON TO GUARD A PRISONER -- AND IT WAS DARRYL IN THE

         10  HOSPITAL -- AND THEN TO TAKE HIM DOWNTOWN TO THE POLICE

         11  STATION.

         12           A GOOD FRIEND OF THEIRS WHO WAS A BAY AREA EARTH FIRST

         13  PERSON KAREN PICKETT, WHO YOU'LL HEAR TESTIFY, CAME TO THE

         14  HOSPITAL TO FIND OUT WHAT HAD HAPPENED AND THEIR CONDITION AND

         15  TRY AND DO SOMETHING.  SHE WAS TAKEN INTO CUSTODY.

         16  SHANNON MARR WHO WAS DRIVING THE OTHER CAR WAS TAKEN INTO

         17  CUSTODY.  DAVID KEMNITZER WHO'S HOUSE IT WAS JUDI STAYED IN

         18  NIGHT BEFORE WAS TAKEN INTO CUSTODY.  THE HOUSE OF SEEDS OF

         19  PEACE, THEY WENT THERE TO MAKE SURE THERE WERE NO MORE BOMBS

         20  THERE.  THEY ARRESTED EVERYBODY --

         21           MS. BEE:  OBJECTION, YOUR HONOR.  VIOLATES THE COURT'S

         22  ORDER.

         23           MR. CUNNINGHAM:  I DON'T THINK SO, JUDGE.

         24           THE COURT:  TRY TO STAY AS FAR AWAY FROM THAT AS

         25  POSSIBLE.

                                                                       32

          1           MR. CUNNINGHAM:  THE PEOPLE WERE TAKEN INTO CUSTODY AT

          2  THE POLICE STATION.  AND SO THERE WAS A HUGE FERMENT IN THEIR

          3  GROUP WITH EVERYBODY THEY KNEW AND CAME THERE, AND PRESS CAME

          4  THERE, AND THE PEOPLE -- MOST OF THE PEOPLE IN CUSTODY, THE

          5  OTHER PEOPLE WERE RELEASED THROUGH THE EVENING.

          6           DARRYL WAS QUESTIONED.  HE -- AND HE WAS QUESTIONED BY

          7  BOTH POLICE OFFICERS AND FBI AGENTS WHO ULTIMATELY ACCUSED HIM.

          8  HE ASKED FOR A LAWYER.  THEY WOULDN'T GET HIM ONE.  HE WAS

          9  BOOKED INTO THE JAIL.  AND HIS ARREST REPORT WAS FILLED OUT AT

         10  3:00 A.M. IN THE MORNING, THE NEXT MORNING.  BUT HE WAS UNDER

         11  ARREST.  AND YOU'LL BE INSTRUCTED ON THE LAW OF ARREST.

         12           ALSO, IMMEDIATELY -- IMMEDIATELY BEFORE ANY OF THIS

         13  EVIDENCE COULD BE ANALYZED, BEFORE ANY ATTEMPT COULD BE MADE TO

         14  SORT OUT WHAT HAPPENED, BEFORE HE HAD A FOLDER WITH COPIES OF

         15  ALL THESE THREATS AND THE FAKE PRESS RELEASES IN HIS BACKPACK,

         16  JUDI HAD ONE IN A DUFFLE BAG.  SHE HAD ONE IN A BACKPACK, A BOX

         17  OF FILES IN THE CAR.  THEY WERE ALL IN THE POSSESSION OF THE

         18  POLICE.  THEY DIDN'T BOTHER TO LOOK AT THEM.  THEY DIDN'T

         19  BOTHER TO LOOK AT ANYTHING THAT WOULD HAVE GOTTEN IN THE WAY OF

         20  PUTTING THEM UNDER ARREST AND TELLING THE PRESS THESE ARE THE

         21  PEOPLE.  THIS IS THE CASE, AND WE BELIEVE THAT EARTH FIRST,

         22  THESE ARE EARTH FIRSTERS, WERE CARRYING THIS BOMB.

         23           THE CONTROVERSY HAD GONE ON THEN IN THE FOLLOWING DAYS

         24  AND NEXT COUPLE WEEKS.  THEY FINALLY -- AND THEY SENT -- AS I

         25  SAID, THE FBI TOOK POSSESSION OF ALL THE PHYSICAL EVIDENCE OF

                                                                       33

          1  THE BOMBING, ALL THE STUFF TAKEN FROM THE CARS, ALL THE STUFF

          2  TAKEN FROM THEIR HOMES, STUFF THAT WAS TAKEN FROM THE OTHER

          3  PEOPLE.  AND THEY WERE GOING TO ANALYZE THIS IN THEIR LAB.  AND

          4  THE PROSECUTOR, AS I SAID, WAS WAITING FOR THIS ANALYSIS AT THE

          5  LAB TO DECIDE WHETHER OR NOT HE SHOULD ACTUALLY FILE THE

          6  CHARGES.

          7           BUT AS IT HAPPENED, THEY DIDN'T SEND IT TO THE LAB.

          8  THEY SAT ON IT IN THE FBI OFFICE IN SAN FRANCISCO FOR THE NEXT

          9  WEEK.  AND ONLY WHEN THAT LETTER CAME AND WAS PUBLICIZED THAT A

         10  LETTER HAD COME DESCRIBING THE BOMBS AND -- DID THEY FINALLY

         11  TAKE THE EVIDENCE TO WASHINGTON DC.  AND I SAID BOMBS PLURAL.

         12  THERE HAD BEEN ANOTHER BOMB SET OFF AT A LUMBER MILL IN

         13  CLOVERDALE, NORTH SONOMA COUNTY, JUST A COUPLE WEEKS EARLIER.

         14           IT HAD NOT REALLY GONE OFF.  IT HAD BEEN RIGGED WITH A

         15  GAS CAN, PUT ON THE PORCH OF AN OFFICE OF THE LUMBER COMPANY.

         16  THE PIPE HAD EXPLODED.  IT I WAS A PIPE BOMB ALSO, BUT JUST ONE

         17  END FLEW OFF AND THE BOMB WENT ROCKETING THIS WAY, HIT A WALL,

         18  BOUNCED OUT INTO THE LAWN, AND THE GAS CAN DIDN'T GO OFF.  A

         19  SIGN WAS LEFT THERE, LP SCREWS MILL WORKERS.  NO FIRE TOOK

         20  PLACE, AND NO INVESTIGATION TOOK PLACE OF THAT BOMB EITHER,

         21  UNTIL THIS BOMB WENT OFF.

         22           THEN THEY WENT AND GOT THAT BOMB, SENT ALL THE STUFF

         23  FINALLY TO WASHINGTON TO A LAB ANALYST NAMED DAVID R. WILLIAMS

         24  WHO WAS PUT IN CHARGE BY THE FBI LAB ROUTINES OF MAKING THE

         25  ANALYSIS OF THIS EVIDENCE.  AND HE PUT OUT A REPORT WHERE HE

                                                                       34

          1  DESCRIBED THE BOMB -- THE BOMB IN JUDI'S CAR AS HAVING BEEN

          2  RIGGED WITH A MOTION DEVICE, WHICH WAS -- CONSISTED OF BALL

          3  BEARING THAT IS PUT IN A LITTLE SQUARE OF WIRES, POSITIVE,

          4  NEGATIVE, POSITIVE, NEGATIVE.  AND THE BALL BEARING IS IN THE

          5  MIDDLE.  AND IT'S EITHER PUT IN A LITTLE INDENTATION OR MAYBE

          6  IT'S GLUED TO ONE OF THE WIRES, OR OTHERWISE LIGHTLY FIXED IN

          7  THAT SPOT BUT COMES LOOSE EASY.  THE CAR GOES OVER A BUMP.  IT

          8  ROLLS TOGETHER, CONNECTS THE TWO WIRES.  THAT'S WHEN THE

          9  CIRCUIT IS COMPLETED AND THE BOMB WENT OFF.

         10           THERE WAS A TIMING DEVICE WITH IT, A SWITCH WITH IT.

         11  THERE WAS A BATTERY.  YOU HAVE A CIRCUIT THAT STARTS IN THE

         12  BATTERY, GOES THROUGH A SWITCH, A TIMING DEVICE, A CLOCK RIGGED

         13  UP TO -- SO WHEN THE HOUR HAND COMES AROUND HITS THE SCREW

         14  THAT'S IMBEDDED IN IT, THAT COMPLETES THAT PART OF THE CIRCUIT.

         15  THEN IT GOES TO THE MOTION DEVICE.  AND THE WIRE GOES INTO THE

         16  EXPLOSIVE SUBSTANCE AND COMES BACK TO THE BATTERY.  SO THERE'S

         17  A COMPLETE CIRCUIT THERE AS LONG AS THESE THREE THINGS HAPPEN.

         18  THE SWITCH IS PULLED WHEN THE BOMB IS PLACED.  THE TIME ELAPSES

         19  AND THE CLOCK CONNECTION IS MADE.  THE CAR MOVES AWAY AND HITS

         20  A BUMP OR LIKE -- SHE TURNED SUDDENLY.  THE BALL BEARING IS

         21  JARRED LOOSE AND MAKES THE CONNECTION.  THE BOMB BLOWS UP.  HE

         22  SAID THAT'S WHAT HAPPENED.  HE TESTIFIED IN HIS DEPOSITION THAT

         23  HE BELIEVED THE BOMB FUNCTIONED AS IT WAS DESIGNED TO FUNCTION.

         24           HE ALSO, WHEN HE -- WHEN THE CONTROVERSY WENT ON SO

         25  LONG, IT WAS HEATED ENOUGH.  THERE WERE, YOU KNOW, COUNTER

                                                                       35

          1  CHARGES MADE BY EARTH FIRST AND FRIENDS IN THE MOVEMENT, THAT

          2  THIS WAS A FRAME-UP INDEED.  AND SO THEY BROUGHT HIM OUT FROM

          3  WASHINGTON TO INSPECT THE CAR FIRSTHAND.  AND HE TOLD THEM THIS

          4  BOMB WAS UNDER THE DRIVER'S SEAT.

          5           AND HE SAID THAT HE COULD TELL JUST WHERE IT WAS

          6  PLACED BECAUSE HE KNEW FROM THE MANY HUNDREDS OF BOMBING CASES

          7  HE'S INVESTIGATED AND PIPE BOMBING CASES HE'S INVESTIGATED THAT

          8  WHERE YOU HAVE A PIECE OF PIPE WITH TWO ENDCAPS ON IT, AND YOU

          9  HAVE AN ENDCAP LIKE A LITTLE SHALLOW CUP, AND AROUND THE BASE

         10  OF THE CUP, WHICH THEY CALL THE SHOULDER OF THE ENDCAP, IS A

         11  WEEK SPOT FABRICATED THERE.  AND IT'S WHERE THE TOP IS FITTED

         12  TO THE SIDES.  RIGHT AROUND THAT CIRCUMFERENCE IS A WEAKNESS.

         13  AND WHEN THE BOMB PIPE BOMBS GO OFF, THEY ALWAYS -- THE ENDCAPS

         14  THEY CALL THEM ENDCAP TOPS -- BLOW OUT THIS WAY.  THEY ALWAYS

         15  DO IT THAT WAY.

         16           NOW, THE PIPE IS FABRICATED WITH A SEAM.  THE SEAM

         17  OPENS UP IN THE EXPLOSION FIRST.  THAT WILL ROCKET THE REST OF

         18  THE PIPE IN THE OPPOSITE DIRECTION.  IT'S SPECULATION THAT ONE

         19  WAY OR THE OTHER THE MAIN FORCE GOES TO THE BOTTOM AND THE TOP.

         20  BUT THE ENDCAPS BLOW OUT.

         21           AND THERE'S A SPOT HE FINDS IN THE FRAME OF THE CAR

         22  HERE AND ANOTHER SPOT ON THE OTHER SIDE OF THE DRIVE TRAIN

         23  HOUSING WHERE THOSE ENDCAPS HIT.  HE SAID YOU CAN ALWAYS LOOK

         24  FOR WHERE THE ENDCAPS HIT.  THAT WILL TELL YOU WHERE THE PIPE

         25  WAS WHEN IT WENT OFF.  HE LOOKED AT THE CAR AND SAID THAT'S

                                                                       36

          1  WHERE THE PIPE WAS, UNDER THE SEAT.

          2           WELL, DID THEY THEN GO OUT AND CALL THE -- JUDI AND

          3  DARRYL'S LAWYERS AND TELL THEM WE WERE WRONG.  THERE'S NO CASE

          4  HERE.  DID THEY CALL THE PRESS AND SAY IT'S A MISTAKE.  THE

          5  BOMB WASN'T IN OPEN VIEW.  NO, THEY DIDN'T DO ANYTHING.  THEY

          6  DIDN'T EVEN WRITE A REPORT OF THAT VISIT BY AGENT WILLIAMS

          7  WHERE THIS WAS DISCOVERED AND ASCERTAINED.  THERE'S NO REPORT

          8  AT ALL ABOUT THAT FINDING BY THIS TOP EXPERT.

          9           THEY'LL TELL YOU, AGENT DOYLE WILL TELL YOU HE'S NOT A

         10  REAL EXPERT.  HE'S JUST AN EXPERIENCED TECHNICIAN WHO EXAMINES

         11  CRIME SCENES.  WILLIAMS IS AN EX
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