Treesitter Lawsuit Heading to Court

Eureka, CA - After four months of legal limbo, and with a new judge at the helm, a Pacific Lumber (PL) lawsuit targeting Northern California activists for trespass and conspiracy will go back to court. The case stems from protests that occurred in disparate parts of Humboldt County in 2002-2003, and includes treesitters who were forcibly removed from ancient redwoods above the logging-impaired Freshwater Creek.

Seven counter suits filed by treesitters will be the subject of a hearing in Eureka on Friday, May 27. The activists’ are suing the notorious timber company for allegations including assault, battery, negligence, infliction of emotional distress, false imprisonment and civil rights violations that allege the PL-hired treesit extractors were acting under the color of law when they wrongly apprehended activists more than 100 feet above the ground.

Retired San Mateo County Judge Quentin Kopp has taken the case after Humboldt County Superior Court Judge W. Bruce Watson was disqualified by treesit extractor attorney Brian Carter who claimed Judge Watson was biased against extractor Jesse Bawcum. The disqualification came days after Judge Watson refused to stop activists from filing cross-complaints.

In all, the counter suits name PL parent company Maxxam, Pacific Lumber and Scotia Pacific, Schatz Tree Service and six treesit extractors, Bawcum, Eric Schatz, Gerald Beranek, Michael Oxman, Greg Liu, and Jerry Berghagen. PL security chief Carl Anderson is also named.

Attorneys for PL and the Extractors will argue that treesitters, whom they call “trespassing, high-climbing, Court-order-flaunting activists,” have no legal basis for bringing the lawsuits.

Criminal charges of trespass and violating a court order were dropped against some of the activists two years ago.

The controversial extractions began on March 17, 2003, when thirty Humboldt County Sheriffs and CHP illegally shut down a public road that ran near the treesits to aid Maxxam/PL in the removal of two marathon treesitters Jeny Card (aka “Remedy”) and Amy Gershman (aka “Wren”). More than a dozen treetop activists were forced down in the weeks that followed and several ancient redwoods were cut.

The lawsuit, called Pacific Lumber Company Inc. and Scotia Pacific Company, LLC vs. Doe 1 “Remedy’; Doe 2 “Wren”; Doe 3 “Shining Light” and Does 4-200 was filed in September 2002, and alleges trespass and conspiracy.

The seven cross-complaints were brought by Card, Gershman, Lindsey Holm, Kristi Sanchez, Scott Petersen, Anna Farnam, and Jamie Kohler. Sanchez and Petersen are represented by attorney Daniel Kosmal. The other five are representing themselves.

Pacific Lumber and Maxxam are represented by Russell Gans of the lawfirm Mitchell, Brisso, Delaney, & Vrieze, which unsuccessfully represented Humboldt County in the recent “pepper spray trial” brought by activists who had the burning chemical swabbed directly into their eyes during peaceful protests of PL logging ancient redwoods in Headwaters forest.

Schatz Tree Service and the six extractors are represented by Brian Carter of the Ukiah lawfirm Carter, Behnke, Oglesby & Bacik.

The hearing will begin at 9:00am on May 27 in courtroom 8 in the Eureka Courthouse.

###