Bari Case In Jury's Hands - 5/17/02

The historic case of Earth First! activists Judi Bari and Darryl Cherney vs. FBI agents and Oakland Police officers went to the jury today, Friday May 17, after six weeks in federal court in Oakland California. Judge Claudia Wilken turned the case over the to jury at 12:55 pm, immediately following Dennis Cunningham's 45-minute rebuttal argument. Federal and Oakland defense attorneys each gave their closing arguments this morning. Plaintiffs' closing arguments were delivered yesterday by attorneys J. Tony Serra, Bob Bloom and Dennis Cunningham. One highlight of Serra's argument was when he called the FBI's Terrorist Squad 13 America's KGB.

The 10 jurors immediately elected a woman foreperson and began deliberations. They are expected to take several days to review the evidence and try to reach a unanimous verdict. There are no deliberations over the weekend or after 5 PM during the week. Deliberations may well take most or all of next week because they must review voluminous documents in the evidence, and many of them took extensive notes during the six weeks of testimony. Judge Wilken dismissed the case against two of the FBI defendants after finding that no evidence was presented that the two had any "animus" against the plaintiffs. That leaves four FBI agents (Doyle, Reikes, Buck and Sena) and three Oakland Police officers (Simms, Sitterud and Chenault) as defendants.

Our attorneys are confident that many of the jurors are solidly with us, though some others are difficult to read. The courtroom was packed with our supporters almost every day of the trial, showing the jurors that this is a closely watched and important case.

Experience has shown that about one juror per week would be lost from a federal civil trial such as this. But only two jurors of the original twelve dropped out, and both of them told the judge they had problems serving on the very first day of the trial. This is a good sign that jurors are interested in the case and committed to completing their task.

Judge Wilken told the attorneys for both sides to be available on 10 minutes notice during deliberations. We are waiting and hoping for justice from this jury. Please come to the Friday noon rally. We hope it will be a victory celebration as well as the 12th anniversary of the car bombing that this case is all about.

** Rally Friday, May 24, 2002, noon, Oakland Federal Building

Come Fiddle Down the FBI! on the 12th Anniversary of the Bombing of Judi Bari and Darryl Cherney.

Musicians include Utah Phillips, Laurie Lewis, Alicia Littletree, Darryl Cherney and you. Bring musical instruments.

This rally also celebrates the completion of the trial. Dennis Cunningham, Tony Serra, Darryl Cherney, Karen Pickett and others are expected to speak.

The Federal Building is located on Clay St. between 12th and 14th Sts., one block from the Oakland City Center/12th St. BART station.