Forest defender gets 40 days in jail

FOR IMMEDIATE RELEASE
November 4th, 2003

Forest Activist Gets 40 Days in Humboldt County Jail

North Coast Earth First! activist Naomi Wagner was sentenced by Judge John A. Reinholtsen, on Thursday, November 30th, to 40 days in Humboldt County jail, following her conviction last June for resisting arrest. Wagner was arrested on March 17th, 2003 at the beginning of three weeks of mass public protests against Maxxam/Pacific Lumber's destructive logging practices in Freshwater, near Eureka, California.

The protest began when the company hired climbers to extract the tree-sitters from their platforms high in the ancient Redwood trees standing alongside Greenwood Heights Road. They also enlisted the assistance of dozens of county sheriffs and their vehicles, under the direction of P.L. security chief Carl Anderson.

A total of 45 people were arrested, including some residents not involved in the protest. At that time, Wagner and another activist locked themselves to two
small trees growing from the base of the 1,200-year-old Redwood tree called "Jerry," and occupied for almost a year by well-known tree-sitter "Remedy."
At her trial in June, on charges of trespass and resisting arrest, Wagner's attorney, Eugene "Ed" Denson, demanded proof that Maxxam/P.L. actually owned the area where the trees are located, very close to the county road. Mr. Denson questioned their right to cut the trees.

The prosecutor, Ed Borg, relied only on an improperly applied county encroachment permit, but produced no deed, timber harvest plan, or expert testimony as to the proof of ownership. This failed to convince the jury beyond a reasonable doubt, and resulted in a hung verdict on the trespass charge.

On Thursday, the prosecutor said that the trespass charges would be dropped. Ms. Wagner and her attorney are considering an appeal, due to prosecutorial misconduct and judicial error involving the prosecutor's use of an undisclosed tape to obtain the resisting arrest conviction. Unless stayed by an appeal, her sentence, minus three days for times served, will begin on November 30th, 2003.

In statements before sentencing, Denson said Ms. Wagner's actions were done for the good of the community.

Wagner stated the sheriffs have a duty to inform themselves of the true property lines before making arrests, pointing out the many planning meetings that took place between the company and county sheriffs just prior to March 17th, 2003. They never asked who owned the property, they just took P.L.'s word for it. As Wagner stated to the sheriffs at the time of her
arrest, "Please arrest the real criminals."