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From: Dan Clore
Subject: FBI & Cops Lied So Much it Was Insulting
Date: Fri, 05 Jul 2002 11:56:08 -0700
Organization: The Soylent Green Party
News for Anarchists & Activists:
Cops, FBI lied about probe, juror says
Woman speaks out on Earth First trial after gag order lifted
Jim Herron Zamora, Chronicle Staff Writer
Wednesday, July 3, 2002
Three weeks after they ordered Oakland police and the FBI to
pay Earth First organizers $4.4 million, jurors were allowed
to speak for the first time Tuesday, and one of them said
"investigators were lying so much it was insulting."
"The FBI and Oakland (police) sat up there and lied about
their investigation," said juror Mary Nunn of Oakley. "They
messed up their investigation, and they had to lie again and
again to try to cover up. I'm surprised that they seriously
expected anyone would believe them."
Nunn spoke out about the verdict Tuesday after U.S. District
Judge Claudia Wilken, responding to the request by the
Chronicle and the Oakland Tribune, lifted her gag order on
jurors giving interviews.
Wilken's order applies to the media but does not permit
jurors to discuss the case with attorneys.
Four jurors declined to be interviewed. The other five did
not return calls or could not be reached.
Wilken issued the gag order minutes after the jury announced
its verdict on June 11 in a civil trial stemming from a May
24, 1990, car bombing in Oakland.
In one of the biggest civil rights verdicts of its kind, the
10-member jury unanimously ordered FBI agents and Oakland
police officers to pay damages to the estate of Earth First
activist Judi Bari and fellow organizer Darryl Cherney.
Both organizers were injured in the bombing -- and then
arrested by investigators who thought Bari and Cherney were
carrying a bomb to use it elsewhere.
The environmentalists said investigators had never seriously
considered that the unknown person who placed a pipe in
Bari's car might be opposed to Earth First.
The jury unanimously found six investigators -- FBI agents
and police officers -- had violated the pair's
constitutional rights to free speech and protection from
Bari, who died of cancer in 1997, and Cherney argued that
the investigation, which has never cleared them as suspects,
had undermined their credibility and hurt their ability to
promote forest preservation.
Nunn said that after a five-week trial members of the panel
all found "the FBI really lacked credibility" in testimony.
She said in deliberations members of the jury talked about
contradictions in the accounts of Oakland police and the
"Police tried to blame their mistakes on the FBI, but the
FBI was trying to shove the blame right back," Nunn said.
"No one in law enforcement was willing to say 'we made a
mistake' and stand up and admit it. They were evasive. They
were arrogant. They were defensive."
She said jurors had agreed early in deliberations that the
Cherney and Bari had been wronged but spent more than two
weeks determining exactly who among the investigators was
responsible and how to apportion damages.
The jury, after some disagreements, deadlocked on one count
involving Cherney's arrest and exonerated law enforcement on
a conspiracy count.
But overall they handed Bari and Cherney a big victory.
"We took our time and tried to do everything right," Nunn
The night before the jurors made their final votes, she said
"I got on my knees and prayed to God to stop me if this is
the wrong thing. I've never done anything like this. Going
against the FBI is a big deal. I wanted to be sure."
Nunn, a ticket agent at American Airlines, said she wanted
protection from terrorism like the Sept. 11 attacks. But her
jury experience made her skeptical about giving law
enforcement a blank check to bypass civil liberties.
"This trial taught me what it means to be American," Nunn
said. "I realize that freedom is something we can never take
for granted. . . . We are free because we hold people in
power to a higher standard."
Chronicle staff writers Janine DeFao and Erin Hallissy
contributed to this report. / E-mail Jim Zamora at
Now available: _The Unspeakable and Others_
Including all my fiction through 2001, and more.
News for Anarchists & Activists:
I've watched the dogs of war enjoying their feast
I've seen the western world go down in the east
The food of love became the greed of our time
But now we're living on the profits of crime
--Black Sabbath, "Hole in the Sky"
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