Jury Awards $4.4 Million To Environmental Activists 

JIM CARLTON / Wall Street Journal 12jun02

Panel rules FBI, Oakland Police Led a Campaign of Defamation

OAKLAND, Calif. -- In a stinging rebuke to the Federal Bureau of Investigation, a federal jury in Oakland, Calif., awarded $4.4 million in damages to two environmental activists who had alleged that the agency led a campaign with Oakland police to frame them on charges of carrying a bomb that detonated in their car 12 years ago.

The 10-person jury unanimously determined that the four FBI agents and three Oakland police officers named in a civil complaint by Earth First! activists Judi Bari and Darryl Cherney were guilty of violating the plaintiffs' First! Amendment rights, conducting an illegal search and illegally arresting Ms. Bari. The jury levied damages against the defendants of $2.9 million for the estate of Ms. Bari, who died of cancer in 1997 at 47 years old, and $1.5 million for Mr. Cherney, 46.

Mr. Cherney said the verdict represents a vindication against what he called a harassment campaign he says was intended to disrupt Earth First!'s activities at the time in organizing protests against logging of Northern California's ancient redwoods. "The message to the FBI from this is that American citizens are going to take you to court if you violate their civil rights," Mr. Cherney said.

Lawyers for the federal and city officers have denied the claims in the case.

A spokesman for the Justice Department, which represented the FBI agents, said the agency was reviewing whether to appeal the verdict, which came Tuesday after 17 days of deliberations following a six-week trial at the U.S. courthouse in downtown Oakland. City attorneys for the Oakland officers expressed disappointment at the verdict and said they would consider an appeal. "We think the evidence showed there was probable cause to make the arrests," said Deputy City Attorney Bill Simmons.

The case sprang from when a pipe bomb exploded under a seat in a Subaru the activists were riding in through Oakland on May 24, 1990, injuring Ms. Bari, the driver, and Mr. Cherney. Lawyers for the activists said FBI agents who arrived on the scene told Oakland police investigators the pair were "terrorist suspects" who likely were transporting their own bomb for some sort of environmental sabotage when it accidentally detonated. Ms. Bari was arrested soon afterward on those charges and so was Mr. Cherney.

The activists said in court papers that the FBI, with cooperation of Oakland police, concocted false evidence linking them to the bombing. For example, they say the investigators stated the bomb exploded while lying in view of the car's occupants atop the rear-seat floorboard, when lab evidence showed it had detonated from underneath the seat.

Local prosecutors declined to pursue the case against the activists, citing a lack of evidence. Meanwhile, Ms. Bari and Mr. Cherney alleged that the FBI continued to treat them as suspects, ignoring evidence such as an anonymous letter claiming responsibility for the bombing that they say suggested the device was planted by someone upset with Ms. Bari's role in supporting abortion rights. Instead, the activists suggest the FBI was motivated by a desire to use the bombing to malign Earth First! as it prepared to organize a series of logging protests known as Redwood Summer.

Environmentalists Win Bombing Lawsuit 

EVELYN NIEVES / NY Times 12jun02

OAKLAND, Calif., June 11 — Twelve years after they were accused of carrying a bomb that exploded in their car, two Earth First! environmentalists were awarded $4.4 million in a federal civil suit contending that their rights had been violated by the local and federal officers who arrested them.

After 17 days of deliberations, a jury found that six of seven defendants — three F.B.I. agents and three Oakland police officers — had violated the rights of Darryl Cherney, now 46, and Judi Bari, who died of cancer in 1997. One F.B.I. agent was cleared.

Mr. Cherney and Ms. Bari were injured when a homemade, studded pipe bomb exploded in Ms. Bari's Subaru wagon in May 1990 in Oakland as they were on their way to lead a presentation to promote demonstrations that summer against the logging of ancient redwood trees.

Hours later, Ms. Bari, whose pelvis was crushed by the blast, and Mr. Cherney, who was slightly wounded, were arrested by the Oakland police and the F.B.I., which said the bomb had accidentally detonated while the pair were transporting it to use for ecoterrorism.

The charges were dropped six weeks later for lack of evidence, and no one else was ever charged in the blast. But Ms. Bari and Mr. Cherney, who remains an Earth First! leader, swore to clear their names.

The two sued investigators for false arrest, violating their civil rights and illegal search, slanderous statements and conspiracy. After many years of legal motions and delays, the trial began on April 9.

The jury was hung on whether Mr. Cherney was falsely arrested, and it cleared the defendants of conspiracy. But the verdict affirmed the plaintiffs' contention that the F.B.I. and Oakland police had violated their civil rights and First Amendment rights by defaming them and casting a pall over their plans to protest against logging, called Redwood Summer.

For Mr. Cherney and his supporters, who had made the case a national issue for the radical environmental movement, the verdicts also supported their claims that authorities had ignored evidence exonerating the two.

"I feel vindicated and relieved," Mr. Cherney said, adding that he plans to include the bombing and the trial in a book he wants to write on the movement to save the Headwaters Forest in Northern California.

"This bombing has dominated our lives," he added. "It has superseded everything. Everywhere I go, people say, `Oh, you were the one whose car was bombed, and you were the one arrested for the bombing.' "

The jury awarded Mr. Cherney and the estate of Ms. Bari $2,399,000 from the F.B.I. and $2,001,000 from the Oakland Police Department.

The jury's verdict came as both agencies are stumbling publicly. The F.B.I. has been harshly criticized for not adequately pursuing clues that preceded the Sept. 11 attacks, and four Oakland police officers are now under investigation for reportedly making false arrests and falsifying evidence.

Oakland investigators testified that they relied almost exclusively on the F.B.I.'s counterterrorism unit in San Francisco for advice on how to handle the case. But the F.B.I. agents denied misleading the investigators into believing that Ms. Bari and Mr. Cherney were violence-prone radicals who were probably guilty of transporting the bomb.

A spokesman for the Department of Justice in Washington said it was "reviewing the verdict."

The Oakland City Attorney's office said it planned to file post-trial motions to reverse the verdicts and will appeal, if necessary. An appeal must be filed within 10 days.

Jury awards Earth First! $4.4 million

CHRIS NICHOLS / Berkeley Daily Planet 12jun02

A jury awarded $4.4 million to Earth First! activists Judi Bari and Darryl Cherney, environmentalists who sued the FBI and Oakland Police for false arrest, illegal search, slanderous statements and conspiracy. Lawyers for Bari and Cherney called the decision a huge success despite pending claims and a defeat on charges of conspiracy.

“It’s really beyond our wildest dreams,” said Darlene Comingore, executive for the estate of Bari, who died of cancer in 1997. “The jury got the part that (the FBI and OPD) violated their First and Fourth Amendment rights. We hope all the people out there who think they can violate our civil rights will think again.”

In May 1990 Cherney and Bari were injured when a bomb exploded in a car while they were driving in Oakland.

Bari suffered a crushed pelvis.

Hours later the two were arrested because investigators said the pair carried the bomb for use in an act of environmental sabotage.

The jury Tuesday ruled that six of the seven defendants violated the First and Fourth amendment rights of Bari, including false arrest and unlawful search twice. However, the jury was undecided on the claim involving a violation of Cherney’s Fourth Amendment rights. The 10-member jury ruled that the defendants did not conspire to violate the First Amendment rights of either Bari or Cherney.

The plaintiff and defendants have 10 days to appeal. An undecided verdict will likely generate an appeal, lawyers said.

U.S. District Judge Claudia Wilken read the 18-page verdict that included compensatory damages and punitive damages on all claims. Tuesday marked the end to 17 days of jury deliberation and more than 12 years since the ordeal started.

“This sends a message to the FBI to the extent that the American public understands that the FBI is an agency that can’t be trusted,” said Cherney. “After 90 years of political oppression by the FBI and the fact that our hands were tied in this case makes this even more incredible.”

Cherney argued that important evidence involving the FBI’s counterintelligence program was not allowed in court and that the jury was prevented from hearing evidence of a conspiracy by the FBI. He said the case serves as an example in current and future investigations into the FBI.

According to Cherney, if the defendants appeal he could be forced to wait two to three years before collecting damages. Cherney said that Bari pledged before she died to have half of any money awarded given to the Redwood Justice Fund. Cherney plans to use his money to further protect the environment.

“I plan to use these funds for environmental non-profit organizations and for causes I think will make this world a better place,” Cherney said.

Lead counsel for the FBI Robert Sher wanted to learn more about the jury’s verdict and its unresolved claims before deciding whether to appeal.

“I’ve got to see how it breaks down,” Sher said.

According to Dennis Cunningham, lead counsel for Bari and Cherney, his clients have more on which to base an appeal than the defense. “I think we have more to appeal than they do,” he said.

Cunningham criticized the FBI.

“This sends a message that the FBI has got to change their view, that they’re doing exactly the wrong thing. They’re not about fighting terrorism, it’s about suppressing dissent,” said Cunningham.

Lawyer for the plaintiff’s Tony Serra said the case represents an important victory for civil rights advocates. “This case was a case of FBI falsity and FBI cover-up,” Serra said. “That can’t be tolerated. Our civil rights are more significant than that.”

Dozens of supporters and members of the media gathered outside of the Oakland Federal Courthouse to greet Cherney and attorneys for the plaintiffs Tuesday afternoon.

For Earth First! supporter Leuren Moret, Tuesday’s verdict is all the more surprising given the current wave of patriotism.

“It’s amazing that they got this following Sept. 11th and all of the support of law enforcement and the broadening of powers of the government,” Moret said. “It’s a miracle that they came to all these unanimous decisions but it just goes to show how powerful the jury system is and how citizens have protected the constitution.”

The original seven defendants were FBI special agents Frank Doyle, John Reikes, Phil Sena and Stockton Buck and Oakland Police Department Officers Michael Sitterud and Robert Chenault and Lt. Mike Simms.

Activists Win Award in False Arrests

AP 12jun02

OAKLAND, Calif. -- Radical environmentalist Darryl Cherney said past targets of the FBI -- from the Rev. Martin Luther King Jr. to Hollywood radicals -- share in a court victory by him and another Earth First! activist over law enforcement officials.

Twelve years after Cherney and Judi Bari were arrested in the bombing of their own car, they were awarded $4.4 million Tuesday in a federal suit claiming they were framed by Oakland police and FBI agents.

After 17 days of deliberations, jurors awarded the money to Cherney and the estate of Bari, who died of cancer in 1997.

Cherney called it a victory for dissenters amid a federal crackdown on free speech under the guise of fighting terrorism.

``We're blockading the FBI from clear-cutting the Constitution,'' Cherney said after the verdict.

Bari and Cherney were injured when a bomb exploded in their car while they were driving in Oakland in May 1990. Bari, who was at the wheel, suffered a crushed pelvis.

The two were arrested within hours and accused of carrying the bomb for environmental sabotage. The case fell apart when prosecutors said there wasn't sufficient evidence to bring charges.

Cherney and Bari sued investigators for false arrest, illegal search, slanderous statements and conspiracy. They claimed officials lied to try to make a case and ignored exculpatory evidence.

The list of defendants eventually was narrowed to seven former and current FBI agents and Oakland policemen. Jurors were asked to determine whether investigators deliberately violated the pair's Fourth Amendment rights against false arrest and illegal searches. They also had to decide if investigators violated Cherney and Bari's free speech rights by portraying them as chief suspects in the bombing, casting a cloud over whatever they had to say.

Jurors found three FBI agents and three Oakland policemen had violated the activists' rights. One FBI agent was cleared. The jurors awarded Cherney and the Bari estate $2,399,000 from the FBI and $2,001,000 from the Oakland Police Department.

Attorneys for Oakland Police officers and the FBI did not immediately return calls for comment. Charles Miller, a spokesman for the Department of Justice in Washington, said officials were reviewing the verdict but would not comment further.

The case began with attorneys for the activists trying to show that authorities were ``out to get'' Cherney and Bari. For instance, investigators said the bomb was in back seat, where it would have been visible to Cherney and Bari. But an FBI analysis showed the bomb was under the front seat.

The Bari-Cherney team also said investigators didn't try to probe an anonymous letter sent to The Press Democrat in Santa Rosa shortly after the bombing. The letter detailed the construction and placement of the bomb and included information about a different bombing that damaged a Cloverdale lumber mill the same month.

The writer, claiming to be ``the Lord's avenger,'' said the bomb was retribution for Bari's participation in an abortion rights demonstration.

At the time of the bombing, Bari and Cherney were organizing ``Redwood Summer,'' a series of protests against the logging of old-growth forests.

Attorneys representing the officers and agents tried to show that at the time of the bombing Earth First! had a reputation for sabotage -- including ``tree-spiking,'' the dangerous practice of driving nails into trees that can shatter a chain saw.

US Jury Awards $4.4 Mln To Activists In 1990 Bombing Case

Dow Jones Newswires 12jun02

OAKLAND, Calif. (AP)--A federal jury awarded $4.4 million Tuesday to two radical environmentalists who accused Oakland police and the FBI of trying to frame them for a 1990 bomb blast that wrecked the activists' car.

After 17 days of deliberations, the jury awarded the money to activist Darryl Cherney and the estate of Judi Bari, who died of cancer in 1997.

Cherney and Bari were injured when a bomb exploded in their Subaru in 1990. Bari, who was at the wheel, suffered a crushed pelvis.

The two Earth First! members were arrested within hours, with investigators saying that Cherney and Bari were carrying the bomb for use in an act of environmental sabotage and that it went off accidentally underneath Bari's seat.

But the case fell apart weeks later when prosecutors said there was not enough evidence to bring charges.

Cherney and Bari sued for false arrest, illegal search, slanderous statements and conspiracy. They claimed officials ignored evidence exonerating the activists and lied to try to make their case.

"You've got to send a message that the lies and false claims in this case will never happen to someone else," their attorney J. Tony Serra told the jury.

The officers and FBI agents claimed that they acted in good faith. They argued that at the time of the bombing, Earth First! had a reputation for sabotage -including a dangerous practice called tree-spiking -and that it was not unreasonable to suspect them of transporting a bomb.

At the time of the bombing, Bari and Cherney were organizing Redwood Summer, a series of protests against the logging of old-growth forests.

The activists argued that investigators did not try to probe an anonymous letter sent to a newspaper shortly after the bombing.

The letter gave details about the construction and placement of the bomb. The writer, claiming to be "the Lord's avenger," said the bomb was retribution for Bari's participation in an abortion rights demonstration.