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Legal Updates on Auburn Arrestees (part 1)
1) DETENTION HEARINGS
2) INDICTMENT
3) ARRAIGNMENT
4) BAIL GRANTED/DENIED
5) CS IDENTIFIED
2) INDICTMENT
3) ARRAIGNMENT
4) BAIL GRANTED/DENIED
5) CS IDENTIFIED
January 28 Alert Part 1 (Case Updates)
Legal Info and Court Reportbacks
Sacramento Prisoner Support
sacprisonersupport[at]riseup[dot]net
1) DETENTION HEARINGS
2) INDICTMENT
3) ARRAIGNMENT
4) BAIL GRANTED/DENIED
5) CS IDENTIFIED
1) DETENTION HEARINGS-
FRIDAY, January 20th - Lauren Weiner's detention hearing: FBI agent Nasson Walker and an 'expert witness' named Bruce Naliboff testified to the dangerousness and instability of the three. After much cross examination on the part of Lauren's attorney Jeffrey Weiner, it was discovered that:
- The FBI paid the CS approximately $75,000 over 2 years for her involvement in "twelve anarchist cases", in addition to all of her expenses.
- The FBI also paid for materials to make the alleged explosives.
- The FBI paid for the cabin (which they installed video and audio surveillance in) near Auburn where the trio stayed at the request of the CS.
- The FBI paid for the laptop computer that they later seized during the raid of the house.
- Additionally, the CS 'stomped out of the house' the day before the arrest because 'nothing was happening' and she was becoming impatient.
- The CS apparently also authored part of the 'burn book' which was confiscated during the arrests.
Magistrate Judge Hollows decided to wait until the end of the next week to make a decision; he wanted to wait until he could hear arguments from the lawyers of Lauren's codefendants. The 'expert witness' attempted to link "prisoner support" with the Earth Liberation Front, alleging that the ELF would provide material support for her to flee if she were released on bail. US Attorney Ellen Endrizzi stated that the prisoners had been visited by 'the movement's prisoner support'. Although Naliboff claimed there is a history of accused members of the ALF/ELF going on the run, he was unable to cite an instance where a person accused of taking part in an ALF/ELF action has ever jumped bail.
Such attempts to malign prisoner support and link it with criminal activity have increasingly become a feature of these sorts of proceedings; the government’s strategy is to prevent prisoners from getting bail and cause prisoners and their families to fear contact with prisoner support groups. We at Sacramento Prisoner Support feel that the government takes these steps because they know prisoner support can be successful in defending the rights of prisoners and their families and keeping them from becoming isolated. Our work is legal and transparent, and we will not be deterred by the government’s slander. We will continue to provide support for prisoners who request it.
TUESDAY, January 24 - Zachary and Eric's detention hearing: Zachary's attorney Lexi Negin and Eric's attorney Mark Reichel argued that their clients have no criminal history and that the majority of the evidence put forth so far was unreliable because it was essentially hearsay. They also brought to light the fact that case agent Walker [ having been an FBI agent for under two years and a financial analyst previously ] was unaware of vital information pertaining to the case, such as why the trio was arrested on January 13th. The lawyers were also able to demonstrate that the CS is an unreliable source with no FBI training.
Myspace and LiveJournal were both cited extensively. Obviously fictional entries on Zachary's Myspace page were entered as evidence and his profile was cited to prove that he was dangerous, having listed one of his occupations as “assassin”. US Attorney Ellen Endrizzi also cited one of his hobbies as 'ninja training' in an attempt to further her case against him. Case agent Nasson Walker testified under oath that he himself is familiar with Myspace and he has actually created his own account. The US Attorney at one point tried to enter one of Zachary's blog entries on a dream as evidence. Judge Hollows would not allow the government to support their case for detention with the defendant's dreams.
Both lawyers stressed the strong family ties and support of their loved ones, and that the families were willing to “replicate jail” in their own homes. Zachary Jenson's family has no property to put up and can afford very little in terms of bail. It was requested that a $10,000 bond be accepted (which is devastatingly large for the Jenson family) to secure his release.
The problems with the treatment of the prisoners in jail also came up several times throughout the hearing, but Magistrate Judge Hollows refused to take any action on these matters. He was particularly hostile to Mark Reichel’s plea for vegan food for his client Eric McDavid. Judge Hollows stated that the Sacramento County Jail was “not a culinary institute”, that inmates must eat what they are given and cannot demand their dietary needs be met. Hollows also compared veganism to the South Beach Diet, ignoring the moral and ethical tenets often held by vegans. Mark Reichel countered that there are precedents from case law that ensure that prisoners receive meals they can eat. Judge Hollows refused to assist in pressuring the jail to accommodate their diets. Again, Judge Hollows chose to issue a ruling in writing by the end of the week.
2) INDICTMENT January 25 –
The grand jury rubber stamped the charges [ violation of USC18-844N ]. Contrary to the government’s media campaign against the defendants, the indictment makes no mention the ELF and does not seek a terrorist enhancement. It remains to be seen if the US Attorney will seek the enhancement.
3) ARRAIGNMENT January 26 –
During this brief hearing, all three pled not guilty to the charge of conspiracy to damage property by means of fire/explosives. A status hearing has been set for February 14 at 8:30am in front of Judge England.
4) BAIL GRANTED/DENIED January 26 –
Lauren Weiner was granted bail! Her family has put up 1.2 million in property to ensure that she meets the conditions of her bail. She is confined to 2 counties in New York where she lives and works, her lawyer's office in Florida, and the federal court in Sacramento. Her codefendants, Zachary Jenson and Eric McDavid, were not so lucky and were denied bail. Mark Reichel has vowed to appeal the decision and is determined to get Eric out as soon as possible. In the mean time he is working diligently to get his client fair treatment inside the jail including showers, meals he can eat, and opportunities to exercise. Please politely but firmly continue to request the same of the jail.
5) CS IDENTIFIED –
The "CS" or confidential source has been identified by (ex)friends and acquaintances. Her whereabouts and actions are described extensively throughout legal documents relating to this case. The article and photos can be viewed at:
http://portland.indymedia.org/en/2006/01/332735.shtml
If anyone has ever met the CS please get in contact with us ASAP. Information on the CS can have a HUGE impact on the case. She apparently went by several names including (but not necessarily limited to) "ANNA", "ANNA ADDISON", and her legal name is believed to be ANNA DAVIES.
She attended the Bio-Democracy Protests in Philadelphia in 2005, the CrimethInc. convergences in Des Moines and Bloomington, Pointless Fest 2005 in Philadelphia, the OAS protests in Florida, the G8 Protest in Georgia, and Feral Visions 2005 in North Carolina. She attempted to join the Pittsburgh Organizing Group, and attended at least one meeting prior to the Democratic National Convention in Boston. She was also in the Sacramento and the San Francisco Bay area in late 2005.
The 12 cases she has been involved in are stated to include "single events such as protests/gatherings" and pending investigations. If you have met with or have information on "Anna" please contact us immediately so we can put you in touch with the defendants’ attorneys.
Legal Info and Court Reportbacks
Sacramento Prisoner Support
sacprisonersupport[at]riseup[dot]net
1) DETENTION HEARINGS
2) INDICTMENT
3) ARRAIGNMENT
4) BAIL GRANTED/DENIED
5) CS IDENTIFIED
1) DETENTION HEARINGS-
FRIDAY, January 20th - Lauren Weiner's detention hearing: FBI agent Nasson Walker and an 'expert witness' named Bruce Naliboff testified to the dangerousness and instability of the three. After much cross examination on the part of Lauren's attorney Jeffrey Weiner, it was discovered that:
- The FBI paid the CS approximately $75,000 over 2 years for her involvement in "twelve anarchist cases", in addition to all of her expenses.
- The FBI also paid for materials to make the alleged explosives.
- The FBI paid for the cabin (which they installed video and audio surveillance in) near Auburn where the trio stayed at the request of the CS.
- The FBI paid for the laptop computer that they later seized during the raid of the house.
- Additionally, the CS 'stomped out of the house' the day before the arrest because 'nothing was happening' and she was becoming impatient.
- The CS apparently also authored part of the 'burn book' which was confiscated during the arrests.
Magistrate Judge Hollows decided to wait until the end of the next week to make a decision; he wanted to wait until he could hear arguments from the lawyers of Lauren's codefendants. The 'expert witness' attempted to link "prisoner support" with the Earth Liberation Front, alleging that the ELF would provide material support for her to flee if she were released on bail. US Attorney Ellen Endrizzi stated that the prisoners had been visited by 'the movement's prisoner support'. Although Naliboff claimed there is a history of accused members of the ALF/ELF going on the run, he was unable to cite an instance where a person accused of taking part in an ALF/ELF action has ever jumped bail.
Such attempts to malign prisoner support and link it with criminal activity have increasingly become a feature of these sorts of proceedings; the government’s strategy is to prevent prisoners from getting bail and cause prisoners and their families to fear contact with prisoner support groups. We at Sacramento Prisoner Support feel that the government takes these steps because they know prisoner support can be successful in defending the rights of prisoners and their families and keeping them from becoming isolated. Our work is legal and transparent, and we will not be deterred by the government’s slander. We will continue to provide support for prisoners who request it.
TUESDAY, January 24 - Zachary and Eric's detention hearing: Zachary's attorney Lexi Negin and Eric's attorney Mark Reichel argued that their clients have no criminal history and that the majority of the evidence put forth so far was unreliable because it was essentially hearsay. They also brought to light the fact that case agent Walker [ having been an FBI agent for under two years and a financial analyst previously ] was unaware of vital information pertaining to the case, such as why the trio was arrested on January 13th. The lawyers were also able to demonstrate that the CS is an unreliable source with no FBI training.
Myspace and LiveJournal were both cited extensively. Obviously fictional entries on Zachary's Myspace page were entered as evidence and his profile was cited to prove that he was dangerous, having listed one of his occupations as “assassin”. US Attorney Ellen Endrizzi also cited one of his hobbies as 'ninja training' in an attempt to further her case against him. Case agent Nasson Walker testified under oath that he himself is familiar with Myspace and he has actually created his own account. The US Attorney at one point tried to enter one of Zachary's blog entries on a dream as evidence. Judge Hollows would not allow the government to support their case for detention with the defendant's dreams.
Both lawyers stressed the strong family ties and support of their loved ones, and that the families were willing to “replicate jail” in their own homes. Zachary Jenson's family has no property to put up and can afford very little in terms of bail. It was requested that a $10,000 bond be accepted (which is devastatingly large for the Jenson family) to secure his release.
The problems with the treatment of the prisoners in jail also came up several times throughout the hearing, but Magistrate Judge Hollows refused to take any action on these matters. He was particularly hostile to Mark Reichel’s plea for vegan food for his client Eric McDavid. Judge Hollows stated that the Sacramento County Jail was “not a culinary institute”, that inmates must eat what they are given and cannot demand their dietary needs be met. Hollows also compared veganism to the South Beach Diet, ignoring the moral and ethical tenets often held by vegans. Mark Reichel countered that there are precedents from case law that ensure that prisoners receive meals they can eat. Judge Hollows refused to assist in pressuring the jail to accommodate their diets. Again, Judge Hollows chose to issue a ruling in writing by the end of the week.
2) INDICTMENT January 25 –
The grand jury rubber stamped the charges [ violation of USC18-844N ]. Contrary to the government’s media campaign against the defendants, the indictment makes no mention the ELF and does not seek a terrorist enhancement. It remains to be seen if the US Attorney will seek the enhancement.
3) ARRAIGNMENT January 26 –
During this brief hearing, all three pled not guilty to the charge of conspiracy to damage property by means of fire/explosives. A status hearing has been set for February 14 at 8:30am in front of Judge England.
4) BAIL GRANTED/DENIED January 26 –
Lauren Weiner was granted bail! Her family has put up 1.2 million in property to ensure that she meets the conditions of her bail. She is confined to 2 counties in New York where she lives and works, her lawyer's office in Florida, and the federal court in Sacramento. Her codefendants, Zachary Jenson and Eric McDavid, were not so lucky and were denied bail. Mark Reichel has vowed to appeal the decision and is determined to get Eric out as soon as possible. In the mean time he is working diligently to get his client fair treatment inside the jail including showers, meals he can eat, and opportunities to exercise. Please politely but firmly continue to request the same of the jail.
5) CS IDENTIFIED –
The "CS" or confidential source has been identified by (ex)friends and acquaintances. Her whereabouts and actions are described extensively throughout legal documents relating to this case. The article and photos can be viewed at:
http://portland.indymedia.org/en/2006/01/332735.shtml
If anyone has ever met the CS please get in contact with us ASAP. Information on the CS can have a HUGE impact on the case. She apparently went by several names including (but not necessarily limited to) "ANNA", "ANNA ADDISON", and her legal name is believed to be ANNA DAVIES.
She attended the Bio-Democracy Protests in Philadelphia in 2005, the CrimethInc. convergences in Des Moines and Bloomington, Pointless Fest 2005 in Philadelphia, the OAS protests in Florida, the G8 Protest in Georgia, and Feral Visions 2005 in North Carolina. She attempted to join the Pittsburgh Organizing Group, and attended at least one meeting prior to the Democratic National Convention in Boston. She was also in the Sacramento and the San Francisco Bay area in late 2005.
The 12 cases she has been involved in are stated to include "single events such as protests/gatherings" and pending investigations. If you have met with or have information on "Anna" please contact us immediately so we can put you in touch with the defendants’ attorneys.
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Comments
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yes - reading through that, it seems like it was confirmed that Anna was seen dressed as a 'medic' at the Organization of American States OAS meeting in Fort Lauderdale in June. One report says that a 'medic' who no one had seen before was seen organizing teens to sit in a line across the road where police in a crowd control formation were lined up.
I found this set of photos of this, but could not find her in them, but they show this incident where young protesters were putting themselves at risk by sitting in the street. Another miami.indymedia photo series has a photo of anna in it. Surely, someone there that day had photos which could show this woman encouraging people to break the law.
That would be very important. The more I see, the more it looks like she could have been leading this group around, saying "hey, let's experiment with making tennis-ball bombs in the yard "(like boys in my junior high did all the time), or "hey, do you want to go on a trip to this dam for fun". I mean, at first, I looked at that Zachary guy's website and was thinking he was a moron, because he seemed egocentrically focused on himself, and visualizing himself as a new Jack Kerouac traveling on the road. But when I think back, I have had experiences of being around people who joke about planning illegal activity (in the category of car stunts or pranks), or might ask you to come be their fan-club while they take a risky move.
- http://www.pbase.com/lautermilch/oasday1
I found this set of photos of this, but could not find her in them, but they show this incident where young protesters were putting themselves at risk by sitting in the street. Another miami.indymedia photo series has a photo of anna in it. Surely, someone there that day had photos which could show this woman encouraging people to break the law.
That would be very important. The more I see, the more it looks like she could have been leading this group around, saying "hey, let's experiment with making tennis-ball bombs in the yard "(like boys in my junior high did all the time), or "hey, do you want to go on a trip to this dam for fun". I mean, at first, I looked at that Zachary guy's website and was thinking he was a moron, because he seemed egocentrically focused on himself, and visualizing himself as a new Jack Kerouac traveling on the road. But when I think back, I have had experiences of being around people who joke about planning illegal activity (in the category of car stunts or pranks), or might ask you to come be their fan-club while they take a risky move.
- http://www.pbase.com/lautermilch/oasday1
thanks for posting - the bit with your (sac prisoner support) e-contact info seems to have dropped out - could you please repost?
i am trying to reach you because i have information which may be relevant to the attorneys...
i am trying to reach you because i have information which may be relevant to the attorneys...
The email is at the top of the alert, but here it is again
sacprisonersupport[at]riseup[dot]net
sacprisonersupport[at]riseup[dot]net
Anyone in california notice the epidemic meth problems that exist throughout the state? anyone notice Sac News and Review latest book review about the undercover ATF agent William Queen, working his way up through the ranks of the Mongols over a two year period, whose now written a book about his experience. headline reads true story of undercover agent who infultrated america's most violent outlaw motorcycle gang. now wouldn't random gang violence, murders, meth peddling be more of a priority to try deal with than a couple of immature kids being coaxed to try and burn a few structures? and if a structure or two burned, your minimizing the seriousness of what took place on 911 and is currently take place in afghani, irag, etc... geesh, if these so called environmentalist are domestic terrorist number uno for bush, immerut, engda, peifer and the DOJ; where does the ruthless drug dealing meth killers rank? where does weapons smuggling, child pornography/pedophilles, identify theft, kidnapping, white collar crimes rank? the DOJ's latest enviro roundup appears to justify its overinflated budget and salaries for these incompetant people working in these posh government jobs. remember these are the same people who were on watch and allowed 911 to happen. sure one can feel secure knowing we've got all these competent professionals protecting the public. worthless waste of taxpayer money this witchhunt is....
if tre arrow is one of the most sought after criminals on the fbi's ten most wanted, what about the straight up murders who wander the streets? dumbfounded by the incompentance of the DOJ......
sincerely,
emma goldman
if tre arrow is one of the most sought after criminals on the fbi's ten most wanted, what about the straight up murders who wander the streets? dumbfounded by the incompentance of the DOJ......
sincerely,
emma goldman
thank you sac prisoner support for the work that you are doing and for putting so much of this story out there. it's particularly appreciated in the light of attempts to link prisoner support with criminal activity.
Another classic case of a snitch with questionable character used as an informant by feds is Barry Clausen. This individual also has published several books that seek to demonize the so-called ELF?ALF and also Earth First! activists as eco-terrorists. Here's a communique from Biotic Baking Brigade on their interaction with snitch Clausen..
http://www.bioticbakingbrigade.org/communique070799.html
The point in bringing this up is that some possible history of Clausen's previous involvement with the DEA has come to knowledge. Early on Clausen led a life of criminal activity, being arrested for auto theft as a teenager. Clausen was once addicted to cocaine and entrenched with cocaine importers somewhere down in Texas, and was arrested for cocaine possession with intent to distribute. Somehow he worked out a deal with the DEA and began his career of professional snitching, using his former cocaine connections to work undercover busting cocaine rings. Of course the DEA denies any knowledge of his involvement with them..
Later on Barry probably realized that there was money and book potential in infiltrating and snitching on the growing Earth First! movement, and this led him to California. From there on out his misinformation on ecoactivists has graced the pages of wise use, off road and other organized destroyers of the environment who are pleased with Clausen's written demonization propaganda of ecoactivists. Barry has done quite well for himself by spreading misinfo and operates an organization called North American Research where he continues to spread misinfo about ecoactivists, probably with some primo funding from corporations and "Homeland Security" government sources..
Clausen's partial bio;
http://www.jailhurwitz.com/media/bombing_of_jb_dc_done/2_media.htm
The previous comment on methamphetamine use in CA and the DOJ focus on ecoactivists may also indicate that certain informants similar to Barry may be working off sentences for other unrelated crimes by snitching on ecoactivists. The capitalist economy is more threatened by any ecoactivists in any form than by meth addicts..
Again, the false conviction of the late Stanley "Tookie" Williams (murdered by the state) was also obtained by relying on a jailhouse informant peer on death row who may likely have been slipped a police info file on Tookie in his cell. This informant provided the DA with enough verbal evidence to convict Tookie that resulted in informant's death sentence being reduced to life with possible parole. Quite a bargain for informant's verbal testimony, definitely enough reason for most sociopaths to snitch on a complete stranger. Usually informants are valued by police when no substantial evidence exists but a conviction is desired nonetheless..
On a side note, would the Bush regime benefit in any way by attempting to scapegoat so-called ELF?ALF ecoactivists for an attempted arson attack on a Communist party office? Possibly to drive the wedge between ecoanarchists and revolutionary communists any deeper than it already is? Divide and conquer, most effective tool of the imperialist regimes throughout history..
Then there's the other conspiracy theories of insurance scams, that certain corporations may have invested in a development activity that is economically undesirable (ex., nobody can afford that $3 million $$$ mansion, property devalues over time, less sales in SUVs due to rising oil price, foundation structural error renders ski lodge unsafe, etc..) and self-inflicted arson sabotage can at least return a partial sum of initial investment via insurance payback if "ecoterrorist" motivated vandalism is deemed the culprit..
Easier to scapegoat/frame ecoactivists who may even provide police with (?forced?) confessions to something they didn't do thinking it will give them greater media voice and audience/respect in the movement. Framing ecoactivists keeps the capitalist economy running smoothly, instead of insurance agent investigations of floundering corporations' self-inflicted arsons. Maintain critical thinking throughout the Bush regime witch-hunt of ecoactivists and others suspected of so-called "terrorism"..
luna moth
http://www.bioticbakingbrigade.org/communique070799.html
The point in bringing this up is that some possible history of Clausen's previous involvement with the DEA has come to knowledge. Early on Clausen led a life of criminal activity, being arrested for auto theft as a teenager. Clausen was once addicted to cocaine and entrenched with cocaine importers somewhere down in Texas, and was arrested for cocaine possession with intent to distribute. Somehow he worked out a deal with the DEA and began his career of professional snitching, using his former cocaine connections to work undercover busting cocaine rings. Of course the DEA denies any knowledge of his involvement with them..
Later on Barry probably realized that there was money and book potential in infiltrating and snitching on the growing Earth First! movement, and this led him to California. From there on out his misinformation on ecoactivists has graced the pages of wise use, off road and other organized destroyers of the environment who are pleased with Clausen's written demonization propaganda of ecoactivists. Barry has done quite well for himself by spreading misinfo and operates an organization called North American Research where he continues to spread misinfo about ecoactivists, probably with some primo funding from corporations and "Homeland Security" government sources..
Clausen's partial bio;
http://www.jailhurwitz.com/media/bombing_of_jb_dc_done/2_media.htm
The previous comment on methamphetamine use in CA and the DOJ focus on ecoactivists may also indicate that certain informants similar to Barry may be working off sentences for other unrelated crimes by snitching on ecoactivists. The capitalist economy is more threatened by any ecoactivists in any form than by meth addicts..
Again, the false conviction of the late Stanley "Tookie" Williams (murdered by the state) was also obtained by relying on a jailhouse informant peer on death row who may likely have been slipped a police info file on Tookie in his cell. This informant provided the DA with enough verbal evidence to convict Tookie that resulted in informant's death sentence being reduced to life with possible parole. Quite a bargain for informant's verbal testimony, definitely enough reason for most sociopaths to snitch on a complete stranger. Usually informants are valued by police when no substantial evidence exists but a conviction is desired nonetheless..
On a side note, would the Bush regime benefit in any way by attempting to scapegoat so-called ELF?ALF ecoactivists for an attempted arson attack on a Communist party office? Possibly to drive the wedge between ecoanarchists and revolutionary communists any deeper than it already is? Divide and conquer, most effective tool of the imperialist regimes throughout history..
Then there's the other conspiracy theories of insurance scams, that certain corporations may have invested in a development activity that is economically undesirable (ex., nobody can afford that $3 million $$$ mansion, property devalues over time, less sales in SUVs due to rising oil price, foundation structural error renders ski lodge unsafe, etc..) and self-inflicted arson sabotage can at least return a partial sum of initial investment via insurance payback if "ecoterrorist" motivated vandalism is deemed the culprit..
Easier to scapegoat/frame ecoactivists who may even provide police with (?forced?) confessions to something they didn't do thinking it will give them greater media voice and audience/respect in the movement. Framing ecoactivists keeps the capitalist economy running smoothly, instead of insurance agent investigations of floundering corporations' self-inflicted arsons. Maintain critical thinking throughout the Bush regime witch-hunt of ecoactivists and others suspected of so-called "terrorism"..
luna moth
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