Tucson Citizen, 6/11/02
JUSTIN PRITCHARD Associated Press Writer June 11, 2002
OAKLAND, Calif. [breve] 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 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. Attorneys for the FBI agents and Oakland police officers were
not immediately available for comment.
Both sides have 10 days to request an appeal. 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 that investigated groups such as the Black
Panthers in the 1960s and early '70s. U.S. District Judge Claudia Wilken
refused.
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.
Reprinted under the Fair Use doctrine of international copyright
law ( http://www4.law.cornell.edu/uscode/17/107.html ). All
copyrights belong to original publisher.
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