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PEPPER SPRAY Q-TIP SWABBING CASE HEADS TO COURT
Headwaters Forest Defense vs. County of Humboldt et al. Pepper spray plaintiffs represented by the civil rights legal team from the successful 2002 Earth First! (Judi Bari) vs. FBI and Oakland Police civil case.
MEDIA ADVISORY
For immediate
release
August 18, 2004
PEPPER SPRAY Q-TIP SWABBING CASE HEADS TO COURT
Pre-trial Hearing: Tuesday August 24, San Francisco
Trial Starts September 7
Contact: Karen Pickett, Bay Area Coalition for Headwaters, 510-548-3113
Video images/FAQ available at http://www.nopepperspray.org
WHO:
Headwaters Forest Defense vs. County of Humboldt et al.
Pepper spray plaintiffs represented by the civil rights legal team
from the successful 2002 Earth First! (Judi Bari and Darryl Cherney)
vs. FBI and Oakland Police civil case.
Plaintiffs - The "Pepper Spray 8":
Spring Lundberg, Terri Compost, Mike McCurdy, Sam Neuwirth, Maya
Portugal, Lisa Sanderson-Fox, Jennifer Banka Schneider, and Noel
Tendick.
WHAT:
Pre-trial hearing to consider admissibility of trial evidence. The
trial, set to proceed September 7, will put the question to a jury
whether direct application to the eye by Q-tip of the chemical agent
pepper spray is excessive force when the recipients of the tactic are
immobile and passive.
WHERE:
Federal Building, 450 Golden Gate Ave., San Francisco, Calif.
Judge Susan Illston's court: 19th floor, room 10.
WHEN:
Tuesday, August 24, 3:30 pm. Plaintiffs and attorneys will be
available for media questions at the hearing. Trial starts September
7, same location.
WHY:
"Power concedes nothing without a demand." --Frederick Douglas,
Slavery Abolitionist
Background:
The public was shocked when footage of Humboldt County police forcing
pepper-spray soaked Q-tips into the eyes of young non-violent
activists was aired on national TV in 1997. The swabbing happened at
sit-in protests calling for the protection of the ancient redwoods of
Headwaters Forest in northern California. The American Civil
Liberties Union called the officers' actions "tantamount to torture."
The activists sued.
Although the incidents drew international outrage and condemnation,
state officials have codified the police tactic by incorporating
these practices into guidelines for dealing with civil disobedience
in California.
After a 1998 trial ended without a verdict, higher court victories
for the plaintiffs sent the case back to San Francisco, after
findings of bias on the part of the first judge had him removed from
the case. ###
For immediate
release
August 18, 2004
PEPPER SPRAY Q-TIP SWABBING CASE HEADS TO COURT
Pre-trial Hearing: Tuesday August 24, San Francisco
Trial Starts September 7
Contact: Karen Pickett, Bay Area Coalition for Headwaters, 510-548-3113
Video images/FAQ available at http://www.nopepperspray.org
WHO:
Headwaters Forest Defense vs. County of Humboldt et al.
Pepper spray plaintiffs represented by the civil rights legal team
from the successful 2002 Earth First! (Judi Bari and Darryl Cherney)
vs. FBI and Oakland Police civil case.
Plaintiffs - The "Pepper Spray 8":
Spring Lundberg, Terri Compost, Mike McCurdy, Sam Neuwirth, Maya
Portugal, Lisa Sanderson-Fox, Jennifer Banka Schneider, and Noel
Tendick.
WHAT:
Pre-trial hearing to consider admissibility of trial evidence. The
trial, set to proceed September 7, will put the question to a jury
whether direct application to the eye by Q-tip of the chemical agent
pepper spray is excessive force when the recipients of the tactic are
immobile and passive.
WHERE:
Federal Building, 450 Golden Gate Ave., San Francisco, Calif.
Judge Susan Illston's court: 19th floor, room 10.
WHEN:
Tuesday, August 24, 3:30 pm. Plaintiffs and attorneys will be
available for media questions at the hearing. Trial starts September
7, same location.
WHY:
"Power concedes nothing without a demand." --Frederick Douglas,
Slavery Abolitionist
Background:
The public was shocked when footage of Humboldt County police forcing
pepper-spray soaked Q-tips into the eyes of young non-violent
activists was aired on national TV in 1997. The swabbing happened at
sit-in protests calling for the protection of the ancient redwoods of
Headwaters Forest in northern California. The American Civil
Liberties Union called the officers' actions "tantamount to torture."
The activists sued.
Although the incidents drew international outrage and condemnation,
state officials have codified the police tactic by incorporating
these practices into guidelines for dealing with civil disobedience
in California.
After a 1998 trial ended without a verdict, higher court victories
for the plaintiffs sent the case back to San Francisco, after
findings of bias on the part of the first judge had him removed from
the case. ###
For more information:
http://www.nopepperspray.org/
Add Your Comments
Comments
(Hide Comments)
From Humboldt to Abu Ghraib to Guantanamo: this is how the U.S. treats its critics.
You should know (and care that you know) the facts before you write.
The former federal judge (Hon. Vaughn Walker) was removed from the case because the parties have a right to excuse a judge once during the proceeding, whether it's for a hearing on a motion or for the trial itself.
Plaintiffs in this case exercised their right to excuse Walker before the re-trial. In their moving papers, they alleged that Walker was biased. Hence, Walker was recused and Judge Illston took over. No finding or holding was made that Walker was biased.
Next time, know what you're talking about before you slander a federal judge, especially one that has been in the forefront for reforming class-action suits and is one of the only jurists who has taken a pro-legalization stance on marijuana.
The former federal judge (Hon. Vaughn Walker) was removed from the case because the parties have a right to excuse a judge once during the proceeding, whether it's for a hearing on a motion or for the trial itself.
Plaintiffs in this case exercised their right to excuse Walker before the re-trial. In their moving papers, they alleged that Walker was biased. Hence, Walker was recused and Judge Illston took over. No finding or holding was made that Walker was biased.
Next time, know what you're talking about before you slander a federal judge, especially one that has been in the forefront for reforming class-action suits and is one of the only jurists who has taken a pro-legalization stance on marijuana.
Once you see the corruption of government in America, you realize that almost all of the judges, in particular California Superior Court judges and others, are nothing more than henchmen for the fascist pigs who rule America with a bullet and an iron fist.
Changing judges will do no good. What would be justice is if every person who puts mace in someone else's eyes could walk through a cloud of Nerve Gas.
Our government is not who we are. Just because the judge legalizes pot does not mean anything, except he profits from it due to most likely money launderers and drug lords.
There is no love left. There is no love lost. Prepare for the next coup d'etat. Go underground, deep underground if global pandemic and utilize air purification and water purification systems. The length could be six months to a year or more.
The government at the top, like their mass media, is not who we are. They do not care about us and try to kill many of us. Especially whistle blowers with inside knowledge.
Underground, prepare.
Changing judges will do no good. What would be justice is if every person who puts mace in someone else's eyes could walk through a cloud of Nerve Gas.
Our government is not who we are. Just because the judge legalizes pot does not mean anything, except he profits from it due to most likely money launderers and drug lords.
There is no love left. There is no love lost. Prepare for the next coup d'etat. Go underground, deep underground if global pandemic and utilize air purification and water purification systems. The length could be six months to a year or more.
The government at the top, like their mass media, is not who we are. They do not care about us and try to kill many of us. Especially whistle blowers with inside knowledge.
Underground, prepare.
For more information:
http://www.angelfire.com/zine2/democracyor...
Slander a decent Federal Judge, hell he was bias. Read for yourself.
------------------------
The Ninth Circuit Court of Appeals' Order filed 9/2/03 grants the plaintiffs' petition for a writ of mandamus, reassigns the case to another judge, and restores the case to San Francisco for a new trial.
------------------------
The Ninth Circuit Court of Appeals' Order filed 9/2/03 grants the plaintiffs' petition for a writ of mandamus, reassigns the case to another judge, and restores the case to San Francisco for a new trial.
For more information:
http://nopepperspray.org/legal_documents_i...
The legal team has filed their brief with the U.S. Supreme Court in opposition to the defendants' appeal seeking to overturn the 9th Circuit ruling ordering Judge Vaughn Walker removed from our case for "lack of the appearance of impartiality" and reversing Walker's relocation of retrial to Eureka.
Final note, the supremes denied hearing the appeal and obviously felt that the Federal Judge Walker was bias and needed to stay removed from the case.
Final note, the supremes denied hearing the appeal and obviously felt that the Federal Judge Walker was bias and needed to stay removed from the case.
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