-Caveat Lector- ----Original Message Follows---- From: *STRIDER* <[EMAIL PROTECTED]> Reply-To: [EMAIL PROTECTED] To: Select List <[EMAIL PROTECTED]> CC: [EMAIL PROTECTED] Subject: [Bay_Area_Activist] BARI case reinstated Date: Sat, 25 Sep 1999 18:57:11 -0700 From: *STRIDER* <[EMAIL PROTECTED]> Bari's case vs. police reinstated via Press Democrat http://www.pressdemo.com/ Sep. 25, 1999 By MIKE GENIELLA Press Democrat Staff Writer Breathing new life into a 1991 civil rights lawsuit filed by the late Earth First! organizer Judi Bari, a federal appeals court on Friday reinstated claims that Oakland police and the FBI conspired to falsely accuse the North Coast activist of responsibility for her own car bombing. A three-judge panel ruled that three Oakland police investigators along with several FBI agents aren't entitled to "qualified immunity," a liability exemption generally granted to law enforcement authorities in their routine handling of criminal investigations. In a 25-page opinion, justices agreed that an appeal filed in April by a legal team representing Bari and her co-defendant, Darryl Cherney, raises "a genuine issue of fact" as to whether police investigators Michael Sims, Robert Chenault and Michael Sitterud conspired to assist the FBI in interferring with the activists' political activities during a 1990 "Redwood Summer" of logging protests. The ruling by the 9th U.S. Circuit Court of Appeals overturned a lower court ruling granting law enforcement authorities the immunity. The judges said there's merit to the lawsuit's contentions that police investigators and FBI agents acted in concert to falsely portray Bari and Cherney as being responsible for the May 24, 1990, explosion in an Oakland neighborhood that blew up their car. Cherney was slightly injured, but Bari was left permanently disabled. Neither Oakland police representatives nor Karen Rodrigue, deputy city attorney for Oakland, could be reached Friday for comment on the ruling. Dennis Cunningham, Bari's and Cherney's San Francisco lawyer, said Friday's ruling could finally allow the Bari lawsuit to go to trial after eight years of skirmishing. "It was a major hurdle that we needed to clear, and we did," said Cunningham. Bari died in March 1997 from breast cancer. Cunningham said he believes the circuit court's swift review of the Bari appeal -- the case was argued and submitted on April 15 -- "suggests that the justices understand what's behind eight years of trial delay and stonewalling by police and the FBI." Cherney said Friday that the court ruling "is as significant for activists as recent revelations about the FBI and Waco." Justices said that, contrary to the lower court's opinion, sufficient circumstantial evidence exists to bolster Bari's claims that the police intended to inhibit Earth First! recruitment of college students and others for a summerlong series of logging demonstrations, and that police entered into a conspiracy with FBI agents "to further this goal." Among the specifics judges cited were "misinformation" and "omissions" from search warrant affidavits prepared by Oakland police after the bombing, and officers' apparent willingness to provide inaccurate information to the news media, "an act which is consistent with the desire to create a negative impression of Earth First! among the public." The court also said that after the car bombing, police insisted that they had relied on the FBI for an assessment of the crime scene, and identification of Bari and Cherney as "terrorists" who were responsible for their own bombing. But justices said Oakland police at the time in fact had a division responsible for monitoring Earth First!, and that the agency had cooperated with the FBI in looking into the group's activities prior to the bombing incident. Because police investigators acted in close cooperation with the FBI in planning and conducting their investigation into the car bombing, and publicly contributed misinformation about Bari and Cherney, the court found that it is likely the plaintiffs could show the existence of a conspiracy "implicit or explicit" between the police and FBI agents. Press Democrat http://www.pressdemo.com/ ----------------------- NOTE: In accordance with Title 17 U.S.C. section 107, this material is distributed without profit or payment to those who have expressed a prior interest in receiving this information for non-profit research and educational purposes only. For more information go to: http://www.law.cornell.edu/uscode/17/107.shtml ----------------------- ------------------------------------------------------------------------- ------------------------------------------------------------------------- Search /RENEGADE/ for articles on Judi Bari - http://fornits.com/renegade/peaars.cgi?JUDI Search /RENEGADE/ for articles on Earth First! - http://fornits.com/renegade/peaars.cgi?EF! Search /RENEGADE/ for articles on FBI - http://fornits.com/renegade/peaars.cgi?FBI Search /RENEGADE/ for articles on Headwaters - http://fornits.com/renegade/peaars.cgi?HEADWATERS Search /RENEGADE/ for articles on Forest Action - http://fornits.com/renegade/peaars.cgi?FOREST /RENEGADE/ Search - GO TO: http://fornits.com/renegade/peaars.cgi? and just type in your topic. For differing results you may uncheck "article" and search on just "subject," etc. /RENEGADE/ also has "time-frame" in the search, so you can tailor your results that way, too. ----- Peace! *STRIDER* Sector Air Raid Warden at /RENEGADE/ /RENEGADE/ news_service: http://fornits.com/renegade/ DEDICATED TO SPIRIT, TRUTH, PEACE, JUSTICE, AND FREEDOM Bay_Area_Activist list: http://fornits.com/renegade/peaars.cgi?fetch=54 usenet: news:alt.thebird news:misc.activism.progressive chat: http://jupiter.beseen.com/chat/rooms/i/1055/ e-mail: mailto:[EMAIL PROTECTED] [EMAIL PROTECTED] WHEN SPIDERS UNITE, THEY CAN TIE DOWN A LION -- Ethiopian Proverb --------------------------- ONElist Sponsor ---------------------------- Share your special moments with family and friends- send PHOTO Greetings at Zing.com! Use your own photos or choose from a variety of funny, cute, cool and animated cards. <a href=" http://clickme.onelist.com/ad/zing13 ">Click Here</a> ------------------------------------------------------------------------ |||||||||||||||||||||||||||||||||||||||||||||||||||||||||| In accordance with Title 17 U.S.C. section 107, this material is distributed without charge or profit to those who have expressed a prior interest in receiving this type of information for non-profit research and educational purposes only. |||||||||||||||||||||||||||||||||||||||||||||||||||||||||| http://www.angelfire.com/mi/smilinks/thirdeye.html |||||||||||||||||||||||||||||||||||||||||||||||||||||||||| ______________________________________________________ Get Your Private, Free Email at http://www.hotmail.com DECLARATION & DISCLAIMER ========== CTRL is a discussion and informational exchange list. Proselyzting propagandic screeds are not allowed. Substance—not soapboxing! These are sordid matters and 'conspiracy theory', with its many half-truths, misdirections and outright frauds is used politically by different groups with major and minor effects spread throughout the spectrum of time and thought. That being said, CTRL gives no endorsement to the validity of posts, and always suggests to readers; be wary of what you read. CTRL gives no credeence to Holocaust denial and nazi's need not apply. Let us please be civil and as always, Caveat Lector. ======================================================================== Archives Available at: http://home.ease.lsoft.com/archives/CTRL.html http:[EMAIL PROTECTED]/ ======================================================================== To subscribe to Conspiracy Theory Research List[CTRL] send email: SUBSCRIBE CTRL [to:] [EMAIL PROTECTED] To UNsubscribe to Conspiracy Theory Research List[CTRL] send email: SIGNOFF CTRL [to:] [EMAIL PROTECTED] Om
