Pepper Spray Update

December 11, 2003


Headwaters Forest Defense vs. Humboldt County, et al.

On October 22, the 9th Circuit Court of Appeals denied a defense petition to reconsider the court's September 2 ruling in favor of the plaintiffs, which removed Judge Walker from the case, and moved the trial from Eureka back to San Francisco.

The infamous "Pepper Spray by Q-tip" case was filed in 1997 after nonviolent protesters had their eyes swabbed with Pepper Spray by law enforcement during the struggles to gain protection for Headwaters Forest. The 1998 trial in San Francisco ended with a hung jury and then dismissal by the judge. After five years of appeals, the Supreme Court and the 9th District Court of Appeals recently overruled Judge Walker, and ordered a new trial. Without the request of either plaintiffs or defendants, Judge Walker ordered that the new trial be held in Eureka, California. The activist-plaintiffs appealed this decision, and the October 22nd ruling not only moves the trial back to San Francisco, but also disqualifies Judge Walker from the case. The following are excerpts from that ruling: "Eureka and Humboldt County are known for their strong ties to the logging industry and there have been many incidents of hostility directed toward environmental activists in Eureka and its environs. "and "... it appears that the district court's actions reveal an appearance of an absence of impartiality sufficient to warrant reassigning this case. We therefore GRANT petitioner's requested relief and direct the Clerk of the Northern District of California to reassign this case to another district judge through the Northern District's random selection process; we also VACATE the order transferring the re-trial to Eureka."

Pursuant to this ruling, Judge Vaughn Walker, has been replaced by Judge Susan Illston. Judge Illston has scheduled a hearing for November 21 at 2:30 PM, when she is expected to set the date for a new trial in U.S. District Court in San Francisco. This trial date will be posted on the Trees Foundation website; stay tuned and we hope to see you in San Francisco!

For more information please visit www.nopepperspray.org


This article can be found online at www.treesfoundation.org/publications/article-132

Forest & River News is produced by Trees Foundation.