April 4, 2005
There are two simple ways that supporters of ending the use of pepper spray on nonviolent protesters can help protect the freedom of dissent in this country: 1. Attend the trial starting April 11 in San Francisco. We need to publicly show support and keep a presence in the courtroom for this important jury trial. 2. Spread the word and visit the website,
www.nopepperspray.org, for information.
After the second trial last September resulted in a hung jury, 6-2 in favor of the plaintiffs, the pepper spray victims and their attorneys went back to the drawing board to fight for better rules on how they are allowed to present their case. They have thus far been prevented from telling the jury about the 9th Circuit Court of Appeals decision, which reversed the prior effort to throw out the lawsuit and made case law precedent, finding that the pepper spray was excessive force. A more thorough jury selection process is also sought. Finally, use of expert witnesses has been denied previously, but in round three a police practices expert will be allowed to testify that the pepper spray use in this case constitutes torture in his expert opinion. Tony Bouza was the police expert for activists in the successful Judi Bari vs. FBI trial.
This legal effort has held pepper spray at bay for over seven years now. Let's make it permanent this April!
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TOC for Forest & River News, Winter 2005