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Indybay Feature

Bari v. FBI: Judi's Daughter Lisa & Folk Singer Utah Phillips to Testify in Court Today

by mark
Bari's Daughter Lisa & Famed Folk Singer Utah Phillips to Testify in Court Today; Oakland Police Defense Turns on FBI.
Bari's Daughter Lisa & Famed Folk Singer Utah Phillips to Testify in Court Today; Oakland Police Defense Turns on FBI

OAKLAND, CA - In the ongoing civil rights lawsuit pitting Earth First! against the FBI and Oakland Police Dept. (OPD), Judi Bari's 21-year-old daughter Lisa Bari will take the stand on Wednesday to discuss the harrowing experience her mother went through when she was bombed and then blamed for it. She will detail the effect on Judi and her family of being accused, being afraid of other assassination attempts, and being told that the investigation would be dropped with no results. The house was torn apart by FBI agents, and the experience made a strong impact.

Also to appear on the witness stand Wednesday is legendary folk singer Utah Phillips, who accompanied Judi Bari for the full two days prior to the May 24, 1990, car-bomb attack. Phillips observed Judi's activities first-hand, such as attending an alliance-building meeting with local loggers in Mendocino County. He stayed in Bari's house the two nights before May 24 and last saw her at 11 pm the night of May 23. He is expected to testify about the type of activity the plaintiffs were involved in when the bombing occurred.

In court news this week, FBI Special Agent Frank Doyle sweated through a third day on the witness stand in a tangle of contradictions and lapsed recall. Doyle refused to acknowledge that his sworn statements in deposition were accurate. Doyle also claimed that he never looked at the final version of the affidavit used to obtain search warrants and to eventually arrest the plaintiffs.

As OPD lead counsel Maria Bee stood to cross-examine Doyle, an edge of exasperation and defensiveness was present in the line of questioning she put forth. She aggressively grilled him on his denial of providing false information to Sgt. Chenault (who signed the affidavit), including the placement of the bomb based on visible evidence, the alleged matching of nails in the bomb to nails found in a bag in the car, and the alleged connection to violent activities elsewhere. In regard to this latter point, it was this prior knowledge and supposition that set the tone for the entire investigation that followed. Ms. Bee's questioning of Doyle about what he had in fact told Sgt. Chenault, revealed a gaping split between the FBI and OPD defense strategies which the jury witnessed.

According to prior testimony from OPD defendants, they obtained their information from FBI agents Doyle, Buck and Sena. But as Doyle's testimony makes clear, the FBI is not taking responsibility for the claims made to a judge in order to obtain warrants, and instead prefers to characterize its role as assisting a local agency. Clearly, the OPD attorneys must defend their clients not just from the EF! attorneys' accusations but the twisted testimony of their co-defendant.
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by semp
So it's been a few years since Utah testified, but when I heard of his passing, one thought came to mind. In amidst the seriousness of Judi and Darryl's civil rights trial, Utah took the stand. He was being posed questions by the younger of two DOJ attorneys defending the FBI agents who lost in this trial. He was there on the witness stand to talk about the two days before Judi was blown up. Utah had ridden in Judi's car the day before she was blown up. There was a fair amount of finger pointing by law enforcement immediately following the bombing that Judi made the bomb herself and that she was carrying it in the car with her from Mendocino County to the east bay, all with Utah and two others in the car. Utah being a pacifist was there to tell the jury otherwise and that in fact he was not aware of Judi transporting the bomb while he was in her car.

The DOJ attorney posed an objection during Utah's testimony while he was on the witness stand that Utah was narrating. "Objection your honor, he's narrating!" In a almost comical moment during trial, one had to just keep from laughing hysterically in the back of the courtroom; Utah waited for the judge to let him proceed and then he kept on narrating about his time with Judi prior to the assassination attempt on her life . The young attorney for the DOJ didn't get it, that's who Utah was; a narrator, a legendary folk singer and a overall decent person who understood the working class struggles. Asking Utah an open ended question got the exact response one would expect Utah to give, a narration of the events preceding the days before the bombing.

I might see if there's a transcript of Utah's testimony and post it if its available.
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