Fri. 6/28--FBI hearing re: new trial date & gag order

1) 10 a.m.: The San Francisco Chronicle and Oakland Tribune motion to remove the gag order on the jury will be heard with newspaper attorneys arguing that gagging the jury from speaking to the press is a violation by Judge Wilken of the First Amendment of the Constitution. The newspapers are expected to prevail either in the lower court or in the appeals court. Judge Wilken's reasoning for the gag order makes no sense to anyone. She stated that it would affect the appeals court's ability to rule on future motions in the case. How these black-robed appellate court judges could be affected by a jury interview in the paper is a mystery to all.

2) 10 a.m. or 1:30 p.m. (tba): Judge Wilken has yet to enter the verdict into the court record which, in effect, freezes all appeals on both sides. She is holding a hearing to set a new trial date for Darryl Cherney's single claim of false arrest against Agents Reikes, Sena, and Doyle and OPD officers Sims and Sitterud. The options for the Bari-Cherney legal team are as follows:

a) Set a new trial date. This could generate additional attention on the FBI and additional jury awards. It will not affect the other verdicts.

b) Drop the claim. This will not occur on Friday.

c) Stipulate with the FBI and OPD to hold the new trial after all appeals are settled. This could happen but the judge may not allow it... or she might.

d) Settle the claim out of court. This settlement could be for a dollar amount for just the single claim or it could be a global settlement for the FBI and OPD to drop all appeals in exchange for our side not taking the false arrest claim to trial this year.

e) The judge may dismiss the claim herself with a directed verdict in favor of the defendants.

All options are on the table at this time; plaintiffs' attorneys are awaiting the FBI and OPD's verbal response as to what they intend to do Friday June 28.