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Activists Win in Judi Bari vs FBI trial
OAKLAND,CA - The jury in the Judi Bari and Darryl Cherney federal civil
rights lawsuit against four FBI agents and three Oakland Police officers
awarded plaintiffs $4.4 million for violation of the activists'
Constitutional rights and returned a verdict largely in favor of Earth
First! activists Cherney and the late Judi Bari.
rights lawsuit against four FBI agents and three Oakland Police officers
awarded plaintiffs $4.4 million for violation of the activists'
Constitutional rights and returned a verdict largely in favor of Earth
First! activists Cherney and the late Judi Bari.
OAKLAND,CA - The jury in the Judi Bari and Darryl Cherney federal civil
rights lawsuit against four FBI agents and three Oakland Police officers
awarded plaintiffs $4.4 million for violation of the activists'
Constitutional rights and returned a verdict largely in favor of Earth
First! activists Cherney and the late Judi Bari. In a legal victory of
historic proportions against the FBI, the jury found that six of the seven
defendants violated the First and Fouth Amendments of the Constitution by
arresting the activists, conducting searches of their homes, and carrying
out a smear campaign in the press, calling Earth First! a terrorist
organization and calling the activists bombers, in the aftermath of the
explosion of a bomb that was planted in Judi Bari's car in 1990. This
verdict finds unlawful the actions of those in charge of the bombing
investigation, and vindicates Bari and Cherney.
FBI agents Frank Doyle, John Reikes, Philip Sena and OPD officer Mike Sims
were found to have violated Bari and Cherney's First Amendment rights. In
addition, OPD officer Sitterud was found to have violated Cherney's First
Amendment rights. Doyle was found to have violated Bari's Fourth Amendment
rights related to the search of her home, and Doyle and OPD officer
Chenault were found to have violated Cherney's Fourth Amendment rights.
FBI agent Doyle and OPD officer Sims were found to have violated Bari's
Fourth Amendment rights in relation to her arrest. The jury returned an
^Óundecided^Ô verdict with respect to violations of Cherney's Fourth
Amendment rights for his arrest.
Frank Doyle was the agent in charge of the 1990 bomb scene, and taught an
FBI bomb school at a Louisiana Pacific clearcut a month prior to the
bombing. Doyle was also the Squad 13 relief supervisor. Squad 13 was the
joint terrorism squad made up of FBI and Oakland officers and collected
extensive files on political groups in the Bay Area.
Reikes was the head of the FBI's terrorist squad who came to OPD
headquarters the day of the bombing to give the inflammatory briefing on
Earth First!
Sena was already engaged in a secret investigation of Earth First! and
concocted a fake informant tip.
Sims was an OPD homicide lieutenant in charge of other officers
investigating the bombing and the decision-maker for the unjust arrests of
the activists.
Sitterud ignored evidence at the scene and concocted information that
would implicate the activists. Chenault wrote the first fraudulent search
warrant affidavit.
This verdict is a referendum against the FBI's gross interference with
people's right to dissent at a time when Attorney General Ashcroft, FBI
Director Mueller and the Bush administration are arrogating huge power to
themselves and the FBI to spy on legitimate groups and organizers and
infringe the Constitutional rights of the public.
The filled-out verdict form is available at
http://www.judibari.org/third_verdict_form_final.pdf###
rights lawsuit against four FBI agents and three Oakland Police officers
awarded plaintiffs $4.4 million for violation of the activists'
Constitutional rights and returned a verdict largely in favor of Earth
First! activists Cherney and the late Judi Bari. In a legal victory of
historic proportions against the FBI, the jury found that six of the seven
defendants violated the First and Fouth Amendments of the Constitution by
arresting the activists, conducting searches of their homes, and carrying
out a smear campaign in the press, calling Earth First! a terrorist
organization and calling the activists bombers, in the aftermath of the
explosion of a bomb that was planted in Judi Bari's car in 1990. This
verdict finds unlawful the actions of those in charge of the bombing
investigation, and vindicates Bari and Cherney.
FBI agents Frank Doyle, John Reikes, Philip Sena and OPD officer Mike Sims
were found to have violated Bari and Cherney's First Amendment rights. In
addition, OPD officer Sitterud was found to have violated Cherney's First
Amendment rights. Doyle was found to have violated Bari's Fourth Amendment
rights related to the search of her home, and Doyle and OPD officer
Chenault were found to have violated Cherney's Fourth Amendment rights.
FBI agent Doyle and OPD officer Sims were found to have violated Bari's
Fourth Amendment rights in relation to her arrest. The jury returned an
^Óundecided^Ô verdict with respect to violations of Cherney's Fourth
Amendment rights for his arrest.
Frank Doyle was the agent in charge of the 1990 bomb scene, and taught an
FBI bomb school at a Louisiana Pacific clearcut a month prior to the
bombing. Doyle was also the Squad 13 relief supervisor. Squad 13 was the
joint terrorism squad made up of FBI and Oakland officers and collected
extensive files on political groups in the Bay Area.
Reikes was the head of the FBI's terrorist squad who came to OPD
headquarters the day of the bombing to give the inflammatory briefing on
Earth First!
Sena was already engaged in a secret investigation of Earth First! and
concocted a fake informant tip.
Sims was an OPD homicide lieutenant in charge of other officers
investigating the bombing and the decision-maker for the unjust arrests of
the activists.
Sitterud ignored evidence at the scene and concocted information that
would implicate the activists. Chenault wrote the first fraudulent search
warrant affidavit.
This verdict is a referendum against the FBI's gross interference with
people's right to dissent at a time when Attorney General Ashcroft, FBI
Director Mueller and the Bush administration are arrogating huge power to
themselves and the FBI to spy on legitimate groups and organizers and
infringe the Constitutional rights of the public.
The filled-out verdict form is available at
http://www.judibari.org/third_verdict_form_final.pdf###
For more information:
http://www.judibari.org
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The Justice Department and Oakland's defendant's will probably be appealing this case. In another two or three years maybe some money will come in. So Craig, are you going to be asking the Oakland Police to investigate this crime and find the real bomber? The plaintiff's have always sought out who the bomber is and will continue to, but why is it that they have to figure it out? Shouldn't law enforcement find the bomber? The plaintiff's have tons of leads, but no law enforcement agency will investigate this. Since money is years on down the road, maybe this victory can be used as a bargaining chip to get law enforcement to investigate this assasination attempt on Judi and Darryl.
Someone close to or within the FBI and Oakland Police Department planted a bomb in the car of environmental activists with the intent of murdering them. There is no justice until these perpetrators are held accountable for their actions.
In the current climate of blindly lining up to expand FBI, CIA, state and local police powers of surveillance its frightening to think what we risk. I would guess the FBI and OPD are pretty pleased that the media and public don’t attempt to link this verdict concerning the violation of civil rights with the underlying assassination plot. Who planted the bomb?
Hopefully, $4.4 million award will at least get the attention of some media. Link the judibari.org website verdict to the editor of your local and national papers. Let them know the shame you feel when security organizations infiltrate and violate our lives and persons. It’s really not about illegal searches, arrests, fraudulent evidence and a campaign of misinformation. It’s about a conspiracy to terrorize and murder American citizens.
In the current climate of blindly lining up to expand FBI, CIA, state and local police powers of surveillance its frightening to think what we risk. I would guess the FBI and OPD are pretty pleased that the media and public don’t attempt to link this verdict concerning the violation of civil rights with the underlying assassination plot. Who planted the bomb?
Hopefully, $4.4 million award will at least get the attention of some media. Link the judibari.org website verdict to the editor of your local and national papers. Let them know the shame you feel when security organizations infiltrate and violate our lives and persons. It’s really not about illegal searches, arrests, fraudulent evidence and a campaign of misinformation. It’s about a conspiracy to terrorize and murder American citizens.
Common Dreams, supposedly a progressive news website (http://www.commondreams.org/) is deafening on thier coverage of the Judi Bari trial, however, they're not the only one - this is when we find out who our friends are. NarcoNews (http://www.narconews.com/hazenstory1.html) blew the cover on AlterNet....so what's up at Common Dreans?
RasJon
RasJon
For more information:
http://www.commondreams.org/news2002/0612-...
First of all..
YAAAAHOOOO!! YEAH! YEAH! YEAH! An exremely rare instance of the FBI being even partly held to account for their actions!
now then..
I've heard from other sources that this is only the second time that the FBI has lost a suit on civil rights violations. Can anyone please tell me what was the first?
YAAAAHOOOO!! YEAH! YEAH! YEAH! An exremely rare instance of the FBI being even partly held to account for their actions!
now then..
I've heard from other sources that this is only the second time that the FBI has lost a suit on civil rights violations. Can anyone please tell me what was the first?
I was wondering if the FBI was actually charged with the planned assination of Judi. Meaning were they charged with planting the bomb?
For more information:
http://rojoynegro.punkunderground.org
Wait, I'm confused- while no doubt this is a significant case, where is the evidence that this bomb was planted by the FBI? From what I've read (and the article, granted was not very clear on details for those of us who don't have the time to research the whole story), it seems this was strictly a civil rights issue, and the fact that the plaintiff's won- well, doesn't that just prove that the system works? Corruption and violation of rights are never excusable and should be punished- as it appears will be done in this case- fortunately we live uner a system that allows for that- many other places wouldn't have even let this go to trial in the first place, let alone accept such a verdict.
Wait, I'm confused- while no doubt this is a significant case, where is the evidence that this bomb was planted by the FBI? From what I've read (and the article, granted was not very clear on details for those of us who don't have the time to research the whole story), it seems this was strictly a civil rights issue, and the fact that the plaintiff's won- well, doesn't that just prove that the system works? Corruption and violation of rights are never excusable and should be punished- as it appears will be done in this case- fortunately we live uner a system that allows for that- many other places wouldn't have even let this go to trial in the first place, let alone accept such a verdict.
|
For more information:
http://www.salon.com/news/feature/2002/05/...
Ecocrafter...I ditto your comments...isn't it funny how the feds can immediately get down to business & name names of perpetrators of the 911 attack?
Ecocrafter...I ditto your comments...isn't it funny how the feds can immediately get down to business & quickly name names of perpetrators of the 911 attack?
The Common Dreams coverage shows great courage in printing this great pargraph in their newswire,,,perhaps this historic trial wasn't worthy enough for page one!
The Common Dreams coverage shows great courage in printing this great pargraph in their newswire,,,perhaps this historic trial wasn't worthy enough for page one!
The Bari case is only the second jury verdict against FBI officials that the legal team knows about - give us
a shout if you have more history on this topic.
The other jury verdict was in Hobson v. Wilson, a late 70s case against COINTELPRO tactics brought by the late Julius Hobson (African American civil rights and anti-war leader in DC), Arthur Waskow (now an activist rabbi in the East Coast), and several other activists. The defendants were various FBI officials and DC cops. They won over $700K - after appeals in the DC Circuit, the money was down to $41K but it remains a historic victory. More on the Web.
Dennis was lead counsel in the Fred Hampton case(Hampton v. Hanrahan, 600 F.2d 600 (7th Cir. 1979) which never actually made it to jury verdict after a several months trial because the judge dismissed the case in order to keep it away from the jury. The plaintiffs won on appeal and then there was a settlement for 1.85 million.
You may have noticed that none of these cases or others actually names the FBI, but instead FBI officials. Here's the kicker - when a lawsuit is filed under the most common civil rights statute (42 USC 1983), it is required that the individuals be named as parties - then the case can go to a jury. Generally speaking, you can only name an agency (such as the FBI or the United States) when you file a FTCA action (Federal Tort Claims Act), and such a suit can only be heard by a judge, not a jury.
We filed both actions, and dismissed our FTCA claim before the verdict because we wanted only the jury to make the decision.
a shout if you have more history on this topic.
The other jury verdict was in Hobson v. Wilson, a late 70s case against COINTELPRO tactics brought by the late Julius Hobson (African American civil rights and anti-war leader in DC), Arthur Waskow (now an activist rabbi in the East Coast), and several other activists. The defendants were various FBI officials and DC cops. They won over $700K - after appeals in the DC Circuit, the money was down to $41K but it remains a historic victory. More on the Web.
Dennis was lead counsel in the Fred Hampton case(Hampton v. Hanrahan, 600 F.2d 600 (7th Cir. 1979) which never actually made it to jury verdict after a several months trial because the judge dismissed the case in order to keep it away from the jury. The plaintiffs won on appeal and then there was a settlement for 1.85 million.
You may have noticed that none of these cases or others actually names the FBI, but instead FBI officials. Here's the kicker - when a lawsuit is filed under the most common civil rights statute (42 USC 1983), it is required that the individuals be named as parties - then the case can go to a jury. Generally speaking, you can only name an agency (such as the FBI or the United States) when you file a FTCA action (Federal Tort Claims Act), and such a suit can only be heard by a judge, not a jury.
We filed both actions, and dismissed our FTCA claim before the verdict because we wanted only the jury to make the decision.
I'm insulted that the Salon.com ad is allowed to post in here. They're propagating lies and attempting to drum up business for their own profit. Please consider removing ads from the comment portion of indymedia. It cheapens the discussion, which is otherwise interesting.
Judi Bari's car bombing as terrible as it was is hardly something to compare to the terrorism of 9/11
Charlie, forgive me for being condescending, my man, but you're REALLY missing the point. Of course, the bombing of Judi Bari, like the bombing of former Chilean diplomat Orlando Letelier in Washington in 1976 is certainly NOT as catastrophic as 3,000 people being obliterated in the WTC bombing. No one would attempt to say they comare in any way on the same scale. The POINT is that, once again, the FBI, among other notoriously deceitful federal agencies and officials, has actively engaged in efforts to cover-up the truth re: the perpetrators of such despicable acts, even to the point of insanely portrating the victims themselves as the perpetrators. In far too many cases long before the inception of COINELPRO, this agency, or their "covert brethren," actively aided and abetted the perpetrators, as was manifestly the case in the Letelier bombing, among countless others.
The POINT is that if these agencies actually functioned to uncover and PROVE the TRUTH, the bombing of Judi Bari might have actually helped to prevent 9-11. Tragically, the fact that it has taken TWELVE years for this small level of justice and TRUTH to finally prevail, given the FBI's proven perfidy, underscores many of the reasons 9-11 was ALLOWED to happen, and we are still being lied to on a massive scale about that operation. The abortive appointment of a known mass murderer and liar like Henry Kissinger deeply underscores the point. His immediate withdrawal has been one of the most hopeful signs yet that the ruling clique is worried the FBI's smoke -and-mirror show cannot keep THEIR house of cards from tumbling, too...
With every day that passes, I grow more confident that Bush and his cronies' role in the 9-11 bombing will be PROVEN and PROSECUTED. The specific clues and provable elements are oozing out everywhere, and they can't seal this evidence up in an archive for 75 years again. The verdict in the Judi Bari vs. FBI trial is one giant step in that direction... Allah be praised...
P.S. Not to worry, either, Charlie. I'm neither a "rag-head" or a l-l-liberal, but a former federal law-enforcement officer myself. You owe it to yourself to check out former FBI SAIC Ted Gunderson's charges re: 9-11 at americanfreepress.net. Hurry...
The POINT is that if these agencies actually functioned to uncover and PROVE the TRUTH, the bombing of Judi Bari might have actually helped to prevent 9-11. Tragically, the fact that it has taken TWELVE years for this small level of justice and TRUTH to finally prevail, given the FBI's proven perfidy, underscores many of the reasons 9-11 was ALLOWED to happen, and we are still being lied to on a massive scale about that operation. The abortive appointment of a known mass murderer and liar like Henry Kissinger deeply underscores the point. His immediate withdrawal has been one of the most hopeful signs yet that the ruling clique is worried the FBI's smoke -and-mirror show cannot keep THEIR house of cards from tumbling, too...
With every day that passes, I grow more confident that Bush and his cronies' role in the 9-11 bombing will be PROVEN and PROSECUTED. The specific clues and provable elements are oozing out everywhere, and they can't seal this evidence up in an archive for 75 years again. The verdict in the Judi Bari vs. FBI trial is one giant step in that direction... Allah be praised...
P.S. Not to worry, either, Charlie. I'm neither a "rag-head" or a l-l-liberal, but a former federal law-enforcement officer myself. You owe it to yourself to check out former FBI SAIC Ted Gunderson's charges re: 9-11 at americanfreepress.net. Hurry...
Kristian - checkout the website for the Sonoma County Free Press <http://www.sonomacountyfreepress.com>. Bari was a victim of domestic violence plain and simple! There are two books coming out about Bari that will set it all straight - Kate Coleman's which is due out this summer, and Susan Faludi's which should be published within a year.
For more information:
http://www.sonomacountyfreepress.com
Repeating a lie does not make it true. You must have said this a hundred times on this site, under variety of names. Never once have you presented any evidence to back it up.
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