Eric McDavid Hearing Update

In Limine Hearing
Eric had his In Limine hearing this morning. Judge England denied Mark's
motions because they were filed after the deadline set by the court. Some
of the issues raised in the motions can be addressed during trial. Then
the discussion moved to the government's motion to preclude the entrapment
defense. At first, the judge seemed unmoved by Mark's response, and made
it very clear that he did not want trial to become an indictment of the
FBI. But after much back and forth, the judge asked to see the case law
that Mark was citing. We took a 20 minute recess so he could read the
case. After the judge returned, things moved quickly. The case law is
very clear - the defense only has to show "slight" evidence of entrapment
to pursue it as a defense strategy. England could not deny that Eric has
indeed met that requirement. He stressed over and over how "slight" he
thought the evidence was, and reiterated again and again that he did NOT
want the trial to become an indictment of the FBI, the Justice Department,
or CS "Anna." He said if the evidence does not support an entrapment
defense, the jury will be so instructed.

After many months of disappointing hearings, it felt good to leave the
courthouse with something positive as we move into trial.

Trial Schedule
Just a reminder - trial starts on Monday! The first part of the morning
will just be jury selection, but we WILL (more than likely) be doing
opening arguments in the afternoon. The defense will present their case
first- probably taking up the first week, and spilling over into the
second. We might be done with argument around the 19th, but it might also
spill over into the next week. Then the jury will deliberate...

Eric Still Without Vegan Food
Eric is still not receiving vegan meals. Please continue to call the jail
and demand that he be given a healthy, vegan diet. Make sure that you
have Eric's x-reference number ready when you call, in case they ask for
it. And please be aware that you will probably be put on hold and routed
through a frustrating maze of switchboards before you reach a person you
can talk to! But PLEASE don't let this dissuade you from calling. Eric's
health is deteriorating, he's losing weight, and he needs his strength now
more than ever.

Eric's x-ref: x-2972521
Jail: 916.874.6752

Thanks for your continued support,
Eric's Support Crew