Two UC Tree Sitters Arrested After Leaving Perch

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BERKELEY, Calif. -- Two protesters on the University of California, Berkeley campus Wednesday voluntarily came down from their trees in the oak grove, which has been the site of a battle between tree-sitters and the university.

Dan Mogulof, a spokesman for the university, said that late this afternoon, Bradley Costello, who goes by the name "Squirtle," and Mathew Marks climbed down from the trees and were arrested by police.

Protesters have been living at the grove since Dec. 5, 2006, when a UC Board of Regents committee approved building a training center next to the university's football stadium. The project calls for tearing down the trees.

According to Mogulof, Costello, 20, approached a university police officer and told the officer that he and a possible second protestor wanted to come down.

University police Chief Victoria Harrison spoke with Costello and was told he wanted to come down peacefully and also wanted a cigarette.

Marks, 24, said that he wanted to give a statement and give his bag to tree-sitter supporters down below, said Mogulof.

The two men, along with a videographer who had been documenting the tree-sitters, were escorted to the police station and gave statements, the spokesman said.

The two tree-sitters were asked about provisions of the remaining seven protesters, said Mogulof, and police were told they had adequate food and water.

According to Mogulof, Costello and Marks were both charged with trespassing and violation of a court order prohibiting people in the trees. Marks was additionally charged in violation with a previous stay-away order.

The two were taken to jail and are expected to be cited and released, said Mogulof, who added that after police watch video footage of the protestors, there could be additional charges for throwing human waste at officers.

"We're very encouraged by this development. It suggests that our strategy is having an effect and we can only hope that other people will come down voluntarily and follow the lead of these two men," said Mogulof.

According to both Mogulof and Julie Sinai, the chief of staff for Berkeley Mayor Tom Bates, Assistant City Manager Jim Hynes and Deputy Fire Chief Gil Dong went to the oak grove late Tuesday to check on tree-sitters after an emergency vote by the Berkeley City Council.

The tree-sitters' situation wasn't on the City Council's agenda initially, but several council members put it on the agenda at the last minute, saying it was a public health and safety threat because the university took action last week to cut off supplies to the remaining tree-sitters.

Sinai said the tree-sitters initially refused to talk to Hynes and Dong but eventually told them that they have enough food and water "for a while."

However, the tree-sitters wouldn't reveal exactly how much food and water they have, according to Sinai.

The tree-sitters told Hynes and Dong that they don't have any medical problems at this time, Sinai said.

After Hynes and Dong returned to the City Council's chambers late at night to give a report about the tree-sitters' situation, Councilwoman Donna Springs proposed sending a letter to the university about their plight, Sinai said.

But the City Council adjourned before any action was taken because the City Council declined to extend the meeting beyond 12:30 a.m. today, when the meeting concluded, according to Sinai.
He said the university is in constant contact with the tree-sitters to see if they have enough supplies.

As for the legal fate of the proposed project, the three plaintiff groups who filed suit against the university filed a proposed judgment with Alameda County Superior Court Judge Barbara Miller on Tuesday saying the university should scrap its plans unless it can prove that the football stadium, which sits along the Hayward earthquake fault, can be retrofitted legally.

Miller issued a mixed court ruling last week which keeps in place an injunction against the project that she issued on Jan. 29, 2007, which bars the university from going ahead with its proposed $140 million, 158,000-square-foot project for now.

But UC-Berkeley officials say they believe Miller's 129-page ruling opens the door for them to begin the project sometime in the near future, saying that they can resolve the few remaining concerns expressed by Miller.

The plaintiffs are the city of Berkeley, the California Oak Foundation and the Panoramic Hill Association, which represents people who live near the football stadium.

Attorneys for the university will file their response to the proposed judgment on Friday.

Stephen Volker, the attorney for the California Oak Foundation, said today that it's not clear if Miller will ask for another hearing on the matter.

Volker said the plaintiffs sent her a letter saying they would be happy to have another hearing if the judge thinks it would be productive.