The murder trial of Eugene "Bear" Lincoln serves to illuminate the historic and deeply seeded racism and divisions in Mendocino County. Even among some "progressives" and Native Americans, doubts arise about the circumstances of the night of April 14, 1995 and Bear's culpability and character. This trial is about more than Bear's innocence or guilt; the whole community is on trial. Can we recognize and get past preconceptions? How willing are we to be open minded? Are we seeking justice rather than revenge? Do we want to know the truth? How will the process of finding the truth challenge us and how will we respond to those challenges? This trial serves as a mirror of Mendocino County. It reflects our prejudice, our cynicism, and our ability to rise above it for the good of the whole.
Who is Bear Lincoln?
He has been elevated to a larger-than-life profile by the nature of the case and the publicity it receives on a national level. Mainstream media portray him as a violent man with a long history of crossing the law. Being an Indian from Covelo, it is often assumed he is a drunken gunslinger. But supporters closest to the case perceive him as extraordinary in his patience, good will, courage and faith through this ordeal which is threatening to take his life.
Like each of us, Bear's life is a patchwork of experience. During his youth and early adulthood, he abused alcohol and allowed himself in situations leading to trouble. Some of this trouble is the kind that visits any man on a reckless road, regardless of his race. Bear encountered the additional trouble that comes with being non-white. If there is doubt that people of color experience law enforcement and the legal system more punitively than whites, that is a doubt that should be explored in finding truth.
The 1970s were Bear's reckless years, but even then his encounters with the law rarely involved actual violent behavior. In 1979, an incident with questionable circumstances resulted in a felony conviction and an 18-month prison sentence for assault on a child. Bear did his time, and more significantly, he did a turnaround. His police record shows this. His few encounters with the law over the last nearly 20 years have been mostly regarding the status offense of felon in possession of a firearm.
Possession of a firearm is cause for some people to conclude intention to commit violence, yet a rifle rack is standard equipment in pick-up trucks driven by many upstanding citizens, particularly in rural areas. Indeed, the right to possess firearms is vehemently defended by the majority of people in this country. For someone like Bear, who relies on hunting as a food source, it is an absolute necessity.
In the years leading up to the events of April 14, 1995, Bear had overcome his alcohol abuse. He did organic farming, worked in the Sinkyone wilderness, and was a vital, positive influence on the youth in his family. He was raising horses to take young Indians on wilderness trips into the Sinkyone, to help them connect with the essence of their ancestry, providing them with a foundation in this unsettling society.
Innocence, Guilt, and Justice
Jury selection exemplifies the antithesis of attitudes of county residents. Some have convicted and sentenced Bear to death, and won't be swayed by any evidence presented at the trial. Others feel strongly he is innocent. Many are absolutely opposed to the death penalty and were challenged for cause and dismissed, leaving a jury panel skewed toward death penalty supporters. The fact Davis was a deputy sheriff serves to heighten the emotional response of the community, primarily from people who believe officers are usually right in their actions, but also from people who have experienced law enforcement in a negative way and are distrustful of their actions. The impassioned debate reflects the very different perspectives brought to the cause of justice, which everyone claims to want.
Frequently during the individual interviews with prospective jurors, an "eye for an eye" is cited as why someone should pay for the death of Bob Davis. However the death of Leonard "Acorn" Peters is rarely mentioned, except in relation to the second degree murder charge against Bear for his death. Acorn dying in a gunfight is especially ironic and tragic. He was well liked and respected by everyone, and known as a peaceful, gentle man who was not party to the disputes among some of the people in Covelo. Perhaps it takes the eyes of two Indians to atone for the death of one white man, particularly if he is a member of law enforcement.
Threats of Violence at Event
The Lincoln-Peters Defense Alliance is a support group formed to assist family members and other Covelo supporters in attending the trial in Ukiah, and to help with public awareness of the issues in the case. Recently, a dance was planned in Ukiah with Rootstock, a local reggae band. The Ukiah Grange was reserved, but two days before the event the Grange cancelled, citing threatening phone calls they received. Reportedly someone said they would tear the Grange to the ground if the dance took place there. A member of the band was called at home and warned the group should not play. This was a frightening experience for the band, who are professional musicians and were paid for the event; it was a job, not a political statement.
This was not the first Bear Lincoln support event in the area. Native American political poet John Trudell toured on his behalf, appearing in southern Humboldt, Laytonville and Mendocino. Other events have happened on the coast, and the Anderson Valley Grange has been used for a musical event. Three weeks before a dance was held at the Willits Community Center. In fact, the Ukiah Grange has been used before. But as the trial moves into the evidentiary phase and publicity picks up, these support efforts receive more attention, as well. It is chilling that a few people can have this influence over what happens in our community. Indeed, they are practicing a form of violence, even as they condemn Bear.
While this trial brings out the worst in some of our fellow residents, it also brings out the best in others. Coyote Valley Reservation opened its doors and made its gym available for the dance. Within hours of the request, the location was confirmed. Attendance was good - some people said they came in support because of the threats. The atmosphere was relaxed and festive. Rootstock played to a more diverse audience and Lincoln-Peters Defense Alliance members had good interaction with the public, addressing questions and gaining more support.
Jury Tampering
Jury selection has been an arduous task. Summons were sent to 3800 people in March. The first screening left 384 prospective jurors, who were questioned one by one by the judge and attorneys at the rate of ten per day. Challenges at this phase are for cause (i.e., extreme bias in either direction, refusal to consider the death penalty) with the judge ruling on the attorneys' arguments. When a pool of about ninety jurors has been compiled at this phase, the prosecution and the defense each have 26 peremptory challenges - dismissal from the jury for no stated reason. The goal is to seat eighteen jurors - twelve, plus six alternates.
On Monday, June 16, as the last prospective juror of the day was being questioned, he told the court that a few minutes earlier in the hallway outside the courtroom, a sheriff said that Bear had confessed, and not to tell anyone he told him. When the judge ordered all law enforcement into the courtroom, the juror identified Deputy Sheriff Van Camp. We can only speculate about how many other people, both members of the jury pool and the general public, have been given this "inside information" which has no basis in truth.
It certainly brings the credibility of law enforcement into further question. Deputy Dennis Miller, the man teamed with Bob Davis on the night of the shootings, has already given contradictory statements after his initial story that Acorn Peters was alone and fired on them was proven untrue by lab tests showing Acorn had not fired a gun.
It is difficult to say what the effect of this serious jury tampering will be, but at this point it appears a full jury won't be seated until mid to late July.
Future Events
Dennis Banks, American Indian Movement activist on the national level, is coming to Mendocino County on behalf of Bear. On Saturday and Sunday, July 1920, Round Valley Indians for Justice, the Lincoln-Peters Defense Alliance and VOTE Action Committee will host a program in Covelo. Saturday night will be informal, with a campfire and some speakers and music. Sunday afternoon is the main program which features several bands and speakers. Monday morning, a caravan will travel to the courthouse in Ukiah for the trial, and from 11:30 a.m. to 1:30 p.m., a press conference and rally will also include music and speakers. Camping is available in Covelo on tribal land at the site of the program.
Since the DA's office and the defense team are under an extremely strict gag order, it is critical that the public attend court proceedings. A jury finding Bear not guilty isn't enough. If he is ever to be free to return home, the people of Mendocino County must also believe he is not guilty. The more people witnessing the trail and hearing the evidence, the better dissemination of information into the community.
The gross injustice done to Native Americans in this area did not stop with our forbears. This trial is an opportunity for conscious people to not repeat their sins, but instead to take affirmative action in assuring fair, just treatment for all people with whom we share this region.
Copyright Mendocino Environmental Center 1997
Permission granted to excerpt or use this article if source is cited