[mobglob-discuss] (en) US, California, Oakland, Media: [Cold corner in Hell] Bari Bombing Verdict - Jury Awards $4.4 million! (fwd)

Tue Jun 11 22:56:10 PDT 2002

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Subject: (en) US, California, Oakland, Media: [Cold corner in Hell]
		Bari Bombing Verdict - Jury Awards $4.4 million! 
From: Dan Clore <clore at columbia-center.org>
To: "smygo at egroups.com" <smygo at yahoogroups.com>
Date: Tue, 11 Jun 2002 19:17:28 -0400 (EDT)

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      A - I N F O S  N E W S  S E R V I C E
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Environmental Activists Given $4.4M
By JUSTIN PRITCHARD Associated Press Writer

June 11, 2002, 5:22 PM EDT

OAKLAND, Calif. -- A federal jury awarded $4.4 million
Tuesday to two radical environmentalists who accused Oakland
police and the FBI of trying to frame them for a 1990 bomb
blast that wrecked the activists' car. 

After 17 days of deliberations, the jury awarded the money
to activist Darryl Cherney and the estate of Judi Bari, who
died of cancer in 1997. 

Cherney and Bari were injured when a bomb exploded in their
Subaru in 1990. Bari, who was at the wheel, suffered a
crushed pelvis. 

The two Earth First! members were arrested within hours,
with investigators saying that Cherney and Bari were
carrying the bomb for use in an act of environmental
sabotage and that it went off accidentally underneath Bari's
seat. 

But the case fell apart weeks later and the charges were
dropped when prosecutors said there was not enough evidence.
No one else was ever charged in the blast. 

Cherney and Bari claimed that someone planted the bomb in
their car and that they were the victims in the case. They
sued police and the FBI for false arrest, illegal search,
slanderous statements and conspiracy, accusing them of lying
and ignoring evidence to make a case. 

"I think the FBI needed to eat some humble pie and we served
them up a good slice," Cherney said after the verdict.
"We're blockading the FBI from clear-cutting the
Constitution." 

Attorneys for the FBI agents and Oakland police officers did
not immediately return calls for comment. 

The officers and FBI agents claimed that they acted in good
faith in arresting Bari and Cherney. They argued that at the
time of the bombing, Earth First! had a reputation for
sabotage -- including a dangerous practice called
tree-spiking -- and that it was not unreasonable to suspect
Bari and Cherney of transporting a bomb. 

At the time of the blast, Bari and Cherney were organizing
Redwood Summer, a series of protests against the logging of
old-growth forests. 

The activists argued that investigators did not bother to
look into an anonymous letter sent to a newspaper shortly
after the bombing. 

The letter gave details about the construction and placement
of the bomb. The writer, claiming to be "the Lord's
avenger," said the bomb was retribution for Bari's
participation in an abortion rights demonstration. 

Tuesday, Jun 11, 2002

Jury awards California activists $4.4 million

Associated Press

OAKLAND, Calif. - Twelve years after they were arrested in
the bombing of their own car, two Earth First! activists
were awarded about $4.4 million Tuesday in a federal suit
claiming they were framed by Oakland Police and FBI agents.

After 17 days of deliberations, jurors awarded the money to
activist Darryl Cherney and the estate of Judi Bari, who
died of cancer in 1997.

Cherney and Bari were injured when a bomb exploded in their
Subaru while they were driving in Oakland in May 1990. Bari,
who was at the wheel, suffered a crushed pelvis.

The two were arrested within hours, but the case fell apart
weeks later when prosecutors said there wasn't enough
evidence to bring charges.

Cherney and Bari sued investigators for false arrest,
illegal search, slanderous statements and conspiracy. They
claimed officials ignored evidence exonerating the activists
and lied to try to make their case.

The list of defendants eventually was narrowed down to seven
former and current FBI agents and Oakland policemen. Jurors
were asked to determine whether investigators deliberately
violated the pair's Fourth Amendment rights against false
arrest and illegal searches. They also were asked to
determine if investigators chilled Cherney and Bari's free
speech rights by portraying them as chief suspects in the
bombing, casting a cloud over whatever they had to say.

"You've got to send a message that the lies and false claims
in this case will never happen to someone else," plaintiffs'
attorney J. Tony Serra said in his closing argument.

The case began April 9 with attorneys for the activists
trying to show that investigators were "out to get" Cherney
and Bari. For instance, investigators said the bomb was in
the rear of the car, where it would have been visible to
Cherney and Bari. But an FBI analysis showed the bomb was
shoved under the front seat.

Investigators also claimed that nails found at Bari's house
were a very close match to nails taped to the bomb. However,
it turned out the nails were manufactured in huge quantities
and couldn't be matched.

The Bari-Cherney team also said investigators didn't try to
probe an anonymous letter sent to The Press Democrat in
Santa Rosa shortly after the bombing. The letter gave
specific details about the construction and placement of the
bomb and included never-disclosed information about a
different bombing that damaged a Cloverdale lumber mill also
in May 1990.

The writer, claiming to be "the Lord's avenger," said the
bomb was retribution for Bari's participation in an abortion
rights demonstration.

At the time of the bombing, Bari and Cherney were organizing
"Redwood Summer," a series of protests against the logging
of old-growth forests.

Lawyers for the activists had tried to argue that the FBI
has a history of targeting activists. They wanted to
introduce testimony about the FBI counterintelligence
program -- COINTELPRO -- that investigated groups such as
the Black Panthers in the 1960s and early '70s. However,
U.S. District Judge Claudia Wilken rejected that effort.

Attorneys representing the officers and agents claimed
investigators acted in good faith. They tried to show that
at the time of the bombing Earth First had a reputation for
sabotage, including the dangerous practice of
"tree-spiking," and it wasn't unreasonable for officers' to
suspect them of transporting a bomb.

Two of the Oakland officers said they were heavily
influenced by what the FBI told them, although a third
officer said Oakland police were in charge of the case.

The activists' attorneys portrayed them as nonviolent,
saying Cherney and Bari had renounced "tree-spiking," the
practice of driving long nails into trees that can shatter a
chain saw.

Government attorneys pointed out that a road-spiking kit
designed to flatten tires was found in Cherney's car. They
also listed titles of songs written by Cherney, a folk
singer, including one called "Spike a Tree for Jesus."

In one of the trial's more unusual moments, Cherney sang
that song for the jury. The song derives its title from the
assertion that "loggers killed Jesus," since wood was cut
down to make the cross.

In closing arguments, Cherney's attorneys apologized for the
"brash" song and asked jurors not to hold it against the
activists.

Jury awards Earth First! activists $4.4 million 

by JUSTIN PRITCHARD, Associated Press Writer 

Tuesday, June 11, 2002 

Twelve years after they were arrested in the bombing of
their own car, two Earth First! activists were awarded $4.4
million Tuesday in a federal suit claiming they were framed
by Oakland Police and FBI agents. 

After 17 days of deliberations, jurors awarded the money to
activist Darryl Cherney and the estate of Judi Bari, who
died of cancer in 1997. 

Cherney and Bari were injured when a bomb exploded in their
Subaru while they were driving in Oakland in May 1990. Bari,
who was at the wheel, suffered a crushed pelvis. 

The two Earth First members were arrested within hours, with
investigators contending Cherney and Bari were carrying the
bomb for use in an act of environmental sabotage. But the
case fell apart weeks later when prosecutors said there
wasn't enough evidence to bring charges. 

Cherney and Bari sued investigators for false arrest,
illegal search, slanderous statements and conspiracy. They
claimed officials ignored evidence exonerating the activists
and lied to try to make their case. 

The list of defendants eventually was narrowed to seven
former and current FBI agents and Oakland policemen. Jurors
were asked to determine whether investigators deliberately
violated the pair's Fourth Amendment rights against false
arrest and illegal searches. They also were asked to
determine if investigators chilled Cherney and Bari's free
speech rights by portraying them as chief suspects in the
bombing, casting a cloud over whatever they had to say. 

"I think the FBI needed to eat some humble pie and we served
them up a good slice," Cherney said after the verdict.
"We're blockading the FBI from clear-cutting the
Constitution." 

One of Cherney's lawyers, Dennis Cunningham, said the jury's
verdict should send a strong message to the FBI that it
cannot quash voices of dissent under the guise of defending
the government. 

"They've got to change their view and absolutely at this
moment," Cunningham said. 

The start of the trial originally was set for Oct. 1, but
was delayed six months because attorneys for Cherney and
Bari's estate did not want their case targeting FBI agents
to go to trial right after the Sept. 11 terrorist attacks. 

Jurors found three FBI agents and three Oakland policemen
had violated the activists' rights. One FBI agent was
cleared. The jurors awarded Cherney and the Bari estate
$2,399,000 from the FBI and $2,001,000 from the Oakland
Police Department. 

Attorneys for the FBI agents and Oakland Police officers
were not immediately available for comment. Charles Miller,
spokesman for the Department of Justice in Washington would
not comment other than to say "We're reviewing the verdict." 

Both sides have 10 days to request an appeal. 