On May 24, 1990, Earth First! activists Judi Bari and Darryl Cherney, who were in the midst of organizing a massive nonviolent campaign against clearcutting, were nearly killed when a car bomb planted under their front seat exploded as they drove through Oakland, CA. FBI investigators, who had recently completed a course in carbombing held at a Louisiana Pacific lumberyard, arrived on the scene almost immediately; FBI and Oakland Police investigators told the press that they had evidence that Bari and Cherney had themselves planted the car bomb and would thus be facing criminal charges. The campaign to discredit and ?neutralize? Earth First! had reached new depths.
The District Attorney eventually dropped all charges due to lack of evidence, but the FBI utterly failed to investigate the bombing any further. A year after the bombing, Bari and Cherney filed a civil rights lawsuit against the FBI and Oakland Police; the defendants, however filed appeals and other motions every step of the way, delaying the trial for more than 10 years. Meanwhile, Bari died from breast cancer in 1997.
The plaintiffs are suing the FBI and Oakland Police under the 1st, 4th, and 5th Amendments of our constitution, alleging for conspiracy, false arrest, unlawful search and seizure, interfering with their right to organize politically, and denying equal protection of the law in allowing the real would-be assassins to go free. Evidence suggests that authorities falsified evidence, lied to the media and the courts, conspired to frame and demonize Judi Bari and Earth First! for political reasons, blamed the victims in spite of clear evidence of their innocence, targeted nonviolent environmentalists in a sham investigation of the bombing, ignored evidence pointing to the real bombers, and covered up their own wrongdoing.
The civil rights lawsuit of Earth First! organizers Judi Bari and Darryl Cherney against the FBI and Oakland Police Department started April 8, continuing for six weeks. U.S. District Judge Claudia Wilken is presiding over the Ninth Circuit Court hearings at the Oakland Federal Courthouse, 1301 Clay Street (at 12th). The trial runs Monday through Thursday each week, from 8:30 am to 1:30 pm, and is open to the public. There was an opening day rally at noon on April 8 in front of the Oakland Federal Building. Every Thursday evening for the duration of the trial there are weekly forums in the Bay Area regarding FBI and police abuses of citizen dissenters.
LATEST UPDATE
Darryl Cherney took the stand to describe his experience surviving a car-bomb assassination attempt on May 24, 1990. He described his immediate arrest by the Oakland Police Department (OPD) and the FBI smear campaign and sham investigation that followed in violation of his and Judi Bari?s Constitutional rights which guarantee freedom of speech and protection from false arrest and illegal search and seizure.
After Darryl?s testimony, Judi Bari?s videotaped deposition was shown to the jury ? testimony the FBI never solicited even though they claimed she and Darryl were their only suspects. The FBI tried to postpone the deposition as she approached her death from breast cancer in 1997, and then, along with the OPD, never asked her any questions. The video deposition was recorded five weeks before she died.
Further testimony included FBI Special Agent Walter Hemje (defendant) (also by videotape due to illness), regarding his role as supervisor of the Oakland bomb investigation after the initial week; and Susan Jordan, Judi Bari?s lawyer. George Shook, activist friend of Darryl?s (and banjo player who accompanied Judi and Darryl as part of their musical trio) who returned to the Seeds of Peace house and was arrested, will also testify.
Bari?s testimony concluded the plaintiff?s examinations and will be followed by approximately eighteen witnesses will be called by the defendants, their testimony expected to take no more than three or four days. Following closing arguments, it is estimated that the jury will enter deliberations on Wednesday, May 15th, one week earlier than original predictions.
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TOC for Forest & River News, Spring 2002