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Indybay Feature

Klamath Treesitters in Jail for Thanksgiving

by Remedy
Trial cut short; Klamath National Forest treesitters go to jail.
no_justice2.jpg
Two treesitters will be spending Thanksgiving in jail. After being arrested last June for defending old-growth trees in the Klamath National Forest, and after court procedures that resembled a witch burning more than a trial, Amelia Vasquez and Kristi Sanchez were handcuffed by the very officers who had testified to torturing them by denying food, water and sleep during their treesits.

The Klamath River was site of the largest environmental disaster in the Western United States last year when 33,000 salmon died due to excessive water diversion.

Outside the courthouse, citizens displayed a banner reading “No Jury, No Judge, No Justice” to draw attention to the treesitters being denied their constitutional right to be tried by a judge and jury, rather than by the magistrate Craig Kellison, who claims the right to a jury trial was revoked in 1998. The banner was quickly confiscated.

As supporters for the two women waited inside the court, they learned their cars were being inspected. A woman, who was not uniformed and would not identify herself, had been examining and attempting to enter the vehicles, reporting her findings over a cell phone. Upon the treesitters being handcuffed and brought out to the parking lot, this same woman patted them down before transporting them to jail.

Tuesday would have marked day-two of this charade of a trial, but negotiations for another “deal” began instead. The two had turned down previous so-called deals offered by the Forest (Dis)Service, which had included undefined amounts of jail time, probation and fines. This time, an agreement was eventually reached. In exchange to pleading “no contest” to one misdemeanor charge of violating a closure order, the women would have their gear returned, but receive five days in jail and two years probation. Upon arriving at a Shasta county jail, they learned they would be transferred to a federal prison in Sacramento.

However, due to the length of their sentences, they were transferred again, this time to Sacramento County jail.



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by no justice, no judge, no jury
RULE Crim 58-423

REFERRAL OF MISDEMEANORS AND PETTY OFFENSES TO THE DISTRICT COURT

The following procedure shall be observed in each instance in which a defendant charged with a misdemeanor or petty offense elects to be tried by a Judge pursuant to 18 U.S.C. § 3401:

(1) At the time of arraignment and bail setting in misdemeanor and petty offense actions, the Magistrate Judge will explain the defendant's right to trial by Magistrate Judge or Judge. If the defendant declines to be tried by a Magistrate Judge, the Magistrate Judge shall order the defendant to appear before a Judge at the date and time directed by the Clerk pursuant to summons.

(2) Upon a defendant's election to trial before a Judge, the Magistrate Judge shall forthwith inform the United States Attorney by written notice of the pendency of the action and the defendant's election, providing the United States Attorney copies of all documents theretofore filed in the action. The Magistrate Judge's responsibility in the action under Local Rules Crim 58-420, Crim 58-421 and Crim 58-422 shall thereupon terminate, but the Magistrate Judge may entertain a motion from the United States Attorney to dismiss the charged offense.

(3) Upon a defendant's election to trial before a Judge, the United States Attorney has discretion to determine whether the action shall proceed. The United States Attorney may file an information against the defendant. Upon election not to prosecute the action, the United States Attorney shall move the Magistrate Judge for dismissal and exoneration of bail, if bail has been posted. If the United States Attorney does not commence proceedings on the action or dismiss it within ninety (90) days after service of notice by the Magistrate Judge that the defendant has elected to be tried by a Judge, see L.R. 6-136, then the charge against the defendant shall be dismissed with prejudice on motion of the Court or the defendant.

(4) If the defendant electing trial before a Judge is in custody, the Magistrate Judge shall immediately notify the United States Attorney by telephone of the election and shall order the transportation of the defendant to the appropriate facility unless released from custody.


by Stormy (species_traitor [at] hotmail.com)
Your "report" is confusing. Where was the trial? Whose cars were being searched? You don't jave to go to journalism school to get your facts right.
by old growth
_______________________________________

Proposed Meteor Timber Sale Could Devastate Salmon River
Comments needed to protect this majestic watershed!
_______________________________________

The Klamath National Forest Service is proposing to log 744 acres in the spectacular Salmon River watershed, threatening ancient forests, Riparian Reserves, and Wild and Scenic River corridors.

The Salmon River is a key migration route between the Marble Mountain, Trinity Alps, Russian, and Siskiyou Wilderness Areas. This is one of the wildest places in the lower 48 states and is currently
threatened with thousands of acres of logging. Through the Knob and Glassups Timber Sales - and now the Meteor - the Klamath National
Forest aims to liquidate much of the remaining low elevation ancient forest on both forks of the Salmon River.

The Salmon River is a critical source of clean, cold water to the beleaguered Klamath River watershed, where thousands of salmon and other fish died due to reduced flows and high water temperatures. A
recent study by the National Academy of Sciences on the Klamath River calls for restricting logging in the cool streams that feed the Salmon River.

The Meteor Timber Sale began as the Comet Administrative Study, a 1,880 acre timber sale to "study" the effects of logging in an ancient forest on old growth dependant species. The Forest Service
changed the purpose of the study when the Bush Administration began loosening the requirements to protect species that rely on ancient forest habitat. The Comet then became the Knob and Meteor Timber
Sales.

EPIC, the Klamath Forest Alliance, and Klamath-Siskiyou Wildlands Center are challenging the Knob Timber Sale in federal court, and need your help to block the disastrous Meteor. The majestic Salmon
River is much too precious to lose, and the Forest Service must know that citizens from across the state and nation demand its protection. .Please write the Klamath National Forest today and urge them to deny
the Meteor Timber Sale and to protect the Salmon River and these ancient forests. Key issues on the logging sale are below.

Comments must be submitted by December 21, 2003. Please send them to:

Margaret Boland, Forest Supervisor
Klamath National Forest
1312 Fairlane Road
Yreka, CA 96097

For more information about the Meteor Timber Sale, contact Lynda Karns, Klamath National Forest, (503) 841-4469.

You can download a copy of the draft Environmental Impact Report on the Meteor at:

http://www.fs.fed.us/r5/klamath/projects/projects/meteor/index.shtml


Key issues regarding the Meteor Timber Sale include:

*Wilderness designation potential: Some logging units are within proposed Wilderness Areas.

*Wild and Scenic Corridors, loss of recreational values: In both the Knob and Meteor, logging would occur within the designated Wild and Scenic corridors of the North Fork of the Salmon River, which is
renowned for its world-class, whitewater recreation.

*Cumulative impacts on listed species: Through all the current Salmon River sales, much of the critical spotted owl habitat - outside of Late Successional Reserves - would be removed on the two forks of the
river. The sales target much of the remaining low elevation ancient forests in the district and would affect all old growth dependent species in the area.

*Cumulative watershed impacts: Much of the Knob and Meteor are in landslide-prone decomposed granitic soils, and many units are directly along the river or in riparian reserves. Also, the Salmon
River provides a critical source of cold water to the Klamath River, which supports the most productive chinook salmon fishery in California and also hosts coho salmon, green sturgeon and other critically imperiled fish species.

*Increased fuels risk: The logging units in the Meteor target the largest, most fire-resistant trees on the Salmon River and in many cases would leave only the fine fuels behind. The Forest service should be focusing on protecting communities from fire - not creating a more fire-prone landscape by removing all of the large trees in a remote area.

--
by Sparrow
shunka is ducking his responsibility to help the protesters who are still in jail (for him!)
protesters languish in jail for joining the actions of earth first, and they are abandoned, forgotten, left with no legal representation, no help from the group they went to jail for. shunka has done nothing for the protesters in jail, not to mention the ones who have been injured buy following him.
EARTH FIRST OWES THESE PEOPLE LEGAL AID!
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