We had hoped this would put an end to the delays caused by government wrangling over the qualified immunity issue, but one day before the deadline, we received word that the Oakland Police Department had appealed Wilken's ruling, and on February 10th, a commissioner for the Ninth Circuit Court agreed to hear their appeal.
We believe the appeal is baseless, brought only to delay to wear down our political movement and to exhaust our resources, but we are not disheartened. We have won every court battle in the past based on the same incontrovertible evidence of government misconduct, and we're sure to win this one too. This landmark civil rights lawsuit will come to trial.
We have one more chance to defeat this latest stalling tactic without going through the lengthy appellate process: our March 13 motion to dismiss the appeal, charging that it's frivolous and has no basis in the law. If the court agrees and dismisses Oakland's appeal, Wilken will likely set the case for trial in early 1999.
One negative element of Wilken's October ruling wasprovisionally to grant immunity to Richard W. Held and other FBI brass. At the time of the bombing, Held was Special Agent in Charge of the San Francisco FBI office and we believe he orchestrated the FBI's COINTELPRO-style operation against Earth First! in this case. We are shocked that the same judge who has consistently upheld our right to sue the FBI on conspiracy, has allowed the conspiracy's mastermind to sneak out the back door. We are intent on getting Richard Held back into the case as a named defendant and co-conspirator.
To receive updates on the case or make donations, contact:
Redwood Summer Justice Project
PO Box 14720
Santa Rosa, CA 95402 707-887-0262
Fiddle Down the FBI!
Join fiddlers and friends in a mass musical rally to Fiddle Down the FBI! on May 22nd, 1998 at the FBI Headquarters in San Francisco. Honor Judi's creative, hell-raising spirit as we demand the FBI return her fiddle, confiscated as "evidence" after the bombing attack on her life. Call the MEC 707-468-1660 for info.
Copyright Mendocino Environmental Center 1998
Permission granted to excerpt or use this article if source is cited