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- From: rich@pencil.cs.missouri.edu (Rich Winkel)
- Subject: Bari/Cherney Suit against FBI Proceeds
- Message-ID: <1992Sep9.002752.2878@mont.cs.missouri.edu>
- Followup-To: alt.activism.d
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- Date: Wed, 9 Sep 1992 00:27:52 GMT
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- Lines: 83
-
- ** Topic: Bari/Cherney Suit v. FBI Proceeds **
- ** Written 1:11 pm Sep 4, 1992 by jcarlisle in cdp:ecotopia.news **
- 9/3/92
-
- NewsBrief
-
- "Bari/Cherney/Mendocino Environmental Center Lawsuit Against FBI Clears Major
- Hurdle"
-
- By Johan Carlisle
-
- San Francisco - A federal judge has ruled that Judi Bari and Darryl Cherney can
- sue the FBI and the Oakland police for violating their civil rights by failing
- to properly investigate the May, 1990, car bombing in Oakland that nearly
- killed Bari and injured Cherney.
-
- According to a report by Seth Rosenfeld in the San Francisco Examiner (9/3/92,
- p. A-5), "Judi Bari said Wednesday that the suit would show that the FBI was
- persisting in harassing dissident groups, even though Congress in the mid-1970s
- declared such activities -- called COINTELPRO -- unconstitutional."
- (COINTELPRO, which stands for COunter INTELligence PROgram, was a secret FBI
- intelligence operation involving harassment, infiltration, alleged murders and
- disruption of the Communist Party USA, the Black liberation movement, the New
- Left, the Feminist movement, the anti-Vietnam War movement and other dissidents
- from the '50s through the early '70s when it was discovered by activists and
- allegedly halted by Congress.)
-
- U.S. District Judge Eugene Lynch ruled Tuesday that Bari, 42, and Darryl
- Cherney, 36, could press their suit, which alleges law enforcement officials
- engaged in conspiracy, false arrest and illegal searches, and falsely portrayed
- Bari and Cherney as responsible for the explosion.
-
- But, in a partial setback for the lawsuit, Judge Lynch dismissed their claims
- against the Ukiah police and the Humboldt and Mendocino sheriff's departments
- for allegedly failing to stop threats and violence against Bari and other
- environmentalists.
-
- One of the attorneys for Bari and Cherney, William Simpich, told the Examiner:
- "He kept in the heart of the case." Bari said, "There hasn't been any justice
- in this case so far. I hope we can get some now."
-
- An FBI spokesperson told the Examiner that it's probe had been proper and
- declined further comment.
-
- The lawsuit, filed last year, could have been dismissed this week by Judge
- Lynch. Now that it has been allowed to proceed, Bari and Cherney's legal team
- will be allowed to begin the discovery process. This will allow them to
- subpoena documents from the FBI and the Oakland police and to take depositions,
- under oath, from FBI agents and Oakland police officials.
-
- The still-unsolved May 24, 1990, car bombing of Bari and Cherney in Oakland is
- the basis of the lawsuit. At the time, Bari and Cherney were helping to
- promote upcoming Redwood Summer protests in Humboldt County against the logging
- of old growth forests. On the day of the bombing -- a pipe bomb wrapped with
- nails exploded under Bari's driver seat, shattering her pelvis and leaving her
- with a permanent disability -- she and Cherney were driving through Oakland on
- their way to Santa Cruz to promote Redwood Summer. Cherney's face and eyes
- were injured and both were hospitalized. Later that day, the Oakland police
- arrested both of them for allegedly bombing themselves. Now, over two years
- later, the Alameda County district attorney's office has still declined to
- pursue the charges, citing insufficient evidence.
-
- The lawsuit which is being led by attorneys Dennis Cunningham, of San
- Francisco, and Bill Simpich, of Oakland, is also being supported by the
- International Workers of the World, known popularly as the Wobblies. Bari is a
- Wobbly organizer in Mendocino County and she has always said that her efforts
- to organize timber workers against the cut and run policies of the big timber
- corporations was a thorn in the side of Louisiana Pacific, Pacific Lumber and
- other companies.
-
- Support for the lawsuit, which is one of the few opportunities activists have
- had to sue the FBI in a long time, is also being provided by a small group of
- Earth First! activists, investigators and researchers. Donations to this
- lawsuit, which in spite of large amounts of volunteer labor, will still cost
- over $100,000, are welcome and much-needed. To get more information or to
- donate money, contact the Mendocino Environmental Center: (707) 468-1660, 106
- W. Standley St., Ukiah, CA 95482.
-
- -30-
-
-
-
- ** End of text from cdp:ecotopia.news **
-