8/20 Pepper Spray Lawsuit Update: Law Enforcement Puts Their Case On This Week

For immediate
release
Sept. 20, 2004
Contact: Karen Pickett, 510-548-3113

Plaintiffs' Case Wraps Up in Pepper Spray By Q-tip Trial

Law Enforcement Puts Their Case On This Week

Beta cam video news releases(footage of the actual pepper-spraying)
and courtroom drawings are available through the media contact. Video
images, legal documents, other background and links available at
http://www.nopepperspray.org. Press packets are available in the
courtroom or through the media contact.

San Francisco, Calif.-The re-trial of a 1998 excessive force civil
rights case that has been in San Francisco federal court since Sept.
8 is entering its final days. Plaintiffs will wrap up their case on
Monday (9/20), and defense (Humboldt County Sheriffs Dept. and Eureka
Police) will present their case through Wednesday, when closing
arguments will be presented. The jury in the pepper spray by Q-tip
trial will then determine whether eight activists' Fourth Amendment
rights were violated when law enforcement inserted Q-tips soaked in
liquid pepper spray directly into their eyes in rural northern
California in 1997.

Court is in session 8:30 a.m to 3:30 p.m. Monday to Thursday before
Judge Susan Illston, in Courtroom 10, 19th floor of the Federal
Building at 450 Golden Gate Ave., San Francisco.

The activist plaintiffs were on the stand last week, following
in-courtroom showings of the police videotapes showing them being
doused with pepper spray-soaked Q-tips as they sat immobilized by
lock-down devices. Prior to their testimony, law enforcement
testified about their tactical escalation to the use of the caustic
chemical in response to continuing non-violent civil disobedience
actions to protect Headwaters redwood Forest.

The next witnesses on the stand include:

… Continuation of questioning of then-chief deputy, now Sheriff Gary
Philp, a named defendant
… Humboldt County Risk Manager Kim Kerr
… Then-Sheriff Dennis Lewis, a named defendant
… Eureka Police Capt. Bill Honsal
… Rhonda Pelligrini, who worked in Rep. Frank Riggs office when the
sit-in occurred
… Deputy Roy Reynolds
… Deputy Phillip Daastol

Testimony has at times been moving and emotional, as when each of the
eight plaintiffs-two of whom were teenagers at the time of the pepper
spraying-testified about the traumatizing experience. It has also
been lively and somewhat combative, as when flamboyant attorney Tony
Serra elicited the admission from Pacific Lumber head of security
Carl Anderson that he was indeed "smirking" as he watched the
activists writhing in pain from the pepper spray, and that he had
lobbed marbles at tree-sitters from a high-powered slingshot.
Anderson had encouraged police to adopt a tougher stance against
protesters.
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