Jury Begins Deliberations; Plaintiffs' Closing Arguments Invoke Spirit of Redwood Forest

OAKLAND, CA - The defense in Judi Bari v. FBI will present their closing arguments on Friday, beginning at 9:15 am (a slight departure from the usual starting time of 8:30). The plaintiffs will have a short rebuttal, then the historic case goes to the jury for deliberation. As Robert Bloom, an attorney for the plaintiffs, observed today in his closing remarks, it will be interesting to see if the FBI and Oakland Police can respond truthfully to the closing arguments presented by the plaintiffs and the clear evidence of lies, finger-pointing, and contradictions.

A packed courtroom sat enthralled Thursday by passionate arguments for civil rights and self-governance by the people. “A great tragedy, a great disgrace” and “a great police-inspired miscarriage of justice” is how Tony Serra described the activities of the FBI and Oakland Police in regard to the bombing of Judi Bari in the opening portion of the plaintiffs’ final arguments in the “Bari vs. FBI” trial. He called Judi and Darryl “two great people made the target of a terrorist act,” in contrast to the accusations made against them.

Robert Bloom spoke second, saying, “This is not about honest mistakes, but about intentional lies, intentional misconduct,” then reviewed for the jury the numerous lies told by the defendants. Waving copies of old news stories, Dennis Cunningham said he wanted to see a headline that could help wipe out all the tarnishing headlines that smeared Judi Bari and Darryl Cherney when the bombing occurred. He compared environmental activists, with their dedication to preserving trees and entire ecosystems, to famous activists throughout history who have been persecuted for their outspoken beliefs that threaten the status quo.

The attorneys also reminded the jury of their important role in the democratic effort to hold law enforcement responsible for their acts. Jurors were urged by Serra to “make the meaningful extrapolations and see the profundity of the case” in its entirety. The jury was informed that a preponderance of evidence was required to find a guilty verdict in a civil case, as opposed to “beyond a reasonable doubt” in criminal cases.

“You’ve got to deter them,” said Serra to the jury, referring to the defendants, “and there’s only one way you’ve got to send a message - through the media, throughout this country, that when the FBI and Oakland Police destroy a movement like this, it’s unacceptable. And the only way to do that is to award punitive damages, compensatory damages - and we’re talking millions and millions and millions of dollars…We want millions to punish them.” Serra went on to call the FBI’s Terrorist Squad 13 “the KGB of the FBI.”