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Indybay Feature
Mon Aug 23 2004
Pepper Spray By Q-Tip on Protesters Trial Nears Conclusion
Pepper Spray By Q-Tip on Protesters Trial
9/22: Mistrial Declared in Pepper Spray Case as jury cannot come to agreement.
9/21: Closing Arguments Conclude, Jury Deliberates. The defense (police) yesterday presented its entire argument, calling just four witnesses. Some highlights included testimony elicited from Sheriff Gary Philp and retired Sheriff Dennis Lewis under eviscerating cross-examination by plaintiffs' attorney, Bob Bloom:

9/20 Update: Law Enforcement presents its side in court this week.
9/16 Update: Plaintiffs wrapped up case today.
9/13 Update
The question of whether direct application of liquid pepper spray into the eyes of passive protesters is an appropriate police tactic will come to trial this month, beginning with jury selection on Sept. 8th. (The start date was changed from Sept. 7th to the 8th) A lunchtime solidarity rally was held on Wednesday, September 8th at noon on the Polk St. side of the Federal Building. Jurors were asked to not listen to the speakers and performers. Photos Video Report Oral arguments began on the 9th at 8:30am. An info night was held Sunday, September 5th at the Long Haul in Berkeley. It included a screening of the film Fire in the Eyes.
Headwaters Forest Defense v. County of Humboldt et al. charges use of excessive force by law enforcement in that county. After the first trial in 1998 ended without a verdict, appeals court decisions and finally the U.S. Supreme Court have sent the case back to federal court in San Francisco. After an evidentiary hearing on August 24th, the trial will proceed on September 8th in the same building- the federal courthouse in San Francisco at 450 Golden Gate Ave., with Judge Susan Illston presiding. More details
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