This is an interesting story in that the FBI attempted to murder
two environmentalists who were successfully working with the lumber
industry in Northern California. The FBI bomb placed in Judi Beri's
car was identicle to the bombs the FBI was using on lumber industry
property while training their members in bomb aftermath identification
procedures.
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Press Release, May 13, 2004
from Darryl Cherney
FBI AND OAKLAND POLICE PAY EARTH FIRST! $4 MILLION TO CONCLUDE LAWSUIT
Unanimous 2002 Jury Verdict Remains Intact for Violation of Civil Rights
A fourteen-year saga ended on Friday, May 7, as the FBI joined the City of
Oakland in paying Earth First! activists Darryl Cherney and the late Judi
Bari through her estate a combined $4 million for violations of their first
and fourth amendment rights as guaranteed by the U.S. Constitution. The
lawsuit stemmed from a May 24, 1990 car bombing of the pair. The FBI and
Oakland police instantly blamed Bari and Cherney for bombing themselves
even though they had conducted no investigation and all evidence collected
showed they were the victims of an assassination attempt.
A ten-person jury in Judge Claudia Wilken's Federal District Courtroom in
Oakland originally awarded Bari and Cherney $4.4 million, but a post-trial
contractual agreement was engineered to avoid appeals by both sides.
Attorney Dennis Cunningham led the legal team of Bob Bloom, Tony Serra,
William Simpich and Ben Rosenfeld, all of the SF bay area. Fee attorney
James Wheaton of the First Amendment Project joined post-trial efforts to
draft a fee motion, which if it prevailed, could have doubled the amount
the defendants would have had to pay, setting legal precedents the FBI
wanted to avoid and Oakland could not afford. Numerous other post trial
motions and pending appeals were all dropped by all sides to conclude the
case. But when the dust cleared, the jury verdict remained in place. For
one of the only too rare times in history, the citizens of the United
States scored a victory for civil rights over the scandal plagued,
notorious Federal Bureau of Investigation.
Alicia Littletree, who lived with Judi Bari and was considered to be her
protégé, was dubbed the "Most Valuable Paralegal" by all involved. "Our
lawyers were the only legal team that could have pulled this off. They were
geniuses," she said. When asked how Judi might react to the victory,
Littletree said, "Judi wouldn't have gotten over the feeling that the
bombing is not solved. That is a lingering part of the fight. Judi
wouldn't give up just because the money came in." She added about the
settlement, "It's an easy way out for the FBI."
Cherney vowed to continue the investigation of the bombing. Included in
the post-trial victory settlement, Cherney achieved the return of all
evidence in the case. He was also able to convince the Oakland City
Council to proclaim May 24 to be "Judi Bari Day. " Plans are still being
formulated for victory celebrations up and down the coast of California.
Cherney said that no individual involved with this case would net more than
$500 thousand dollars. When asked how he will spend the funds, he replied,
"Acquire a modest home, help fund a continued investigation of the bombing,
donate to worthy groups, and channel energy into producing CD's of
eco-music." Cherney and Bari were bombed on their way to a musical
performance that doubled as an organizing drive for a campaign called
Redwood Summer 1990. Bari played fiddle, Cherney guitar, and they both
sang and wrote songs.
Attorney Bob Bloom said, "If we get a few more victories like this, it
might affect what the FBI, the domestic army of the United States, does to
people." Cherney added, "In the wake of 9/11 and Bush's assault on our
civil rights, our trial victory is more urgent then ever. We the people
will not stand for the FBI or any government agency clearcutting the
constitution. May a thousand lawsuits bloom from this one to hold the FBI
accountable for their too-many-to-count violations of the laws they are
supposed to uphold."
--
Darryl Cherney
Environmentally Sound Promotions
PO Box 2254
Redway, CA 95560
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Forwarding this message where appropriate is encouraged.
To learn more about Judi Bari and the FBI suit please visit:
http://www.judibari.org
---
Scientology tries to disrupt terrorist attacks relief efforts: http://www.cosvm.org/
George W. Bush's latest policy: "No Child Left Untortured Act."
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