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Indybay Feature
Tue Jun 4 2002
Earth First! v. FBI in Jury's Hands on 12th Anniversary of Bombing
Jury deliberates Earth First! v. FBI bombing case
5/28: Today, the 10 person-jury posed the following question to the court: "If there is one or more claims that we cannot agree on, can we still submit a unanimous verdict on all other claims or does this constitute a "hung" jury? In other words, do we have to reach a unanimous decision on every claim?" Update
5/24: Jury deliberations are set to extend into their second week since closing arguments ended on 5/17 - read the jury instructions. On Friday 5/24, a Fiddle Down the FBI rally was held at the Federal Building in Oakland. In what the plaintiffs termed a last minute act of desperation, the FBI filed a motion to dismiss the entire lawsuit because the legal team was speaking at the time the jury was let out. The FBI complained that Tony Serra asked the public to pray that the jury remain "objective," while Dennis Cunningham stated that he needed to remain "mum" about the case. On Monday 5/20, the government made a motion to deny the jury's request for the text of the U.S Constitution's 1st and 4th Amendments. On 5/21 the jury requested a bottle of white-out, leading to speculation that the jury needed to make corrections on the official verdict form. The next day, Tony Serra reported that jurors arrived in the morning looking burdened, but left that afternoon looking more cheery. A question came late in the day about whether it would still be false arrest if police believed they had probable cause at the time of arrest, but later realized they didn't, and still kept Darryl and Judi under arrest. Judi Bari v. FBI feature page
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