Humboldt Revolution

Time to get Serious!

June 29th, 2006

SLAPP happy news of June 28th; Big guns brought to bear on Kimberly Starr

 Edited on Thursday June 29th to add that this trial was continued until July 27th.

I sat in on most of today’s proceedings in the SLAPP suit PL brought against Kimberly Starr. Some of the biggest guns have been brought to bear on the diminutive Ms. Starr for whom my admiration has grown exponentially. This suit, which seeks a permanent injunction against Ms. Starr, featured the famous political firebrand Quentin Kopp   the presiding judge and, of course, corporate giant Pacific Lumber Co., well connected by notorious Jack Abramof and represented by local attorneys Mitchell, Brisso, Delaney and Vreize who are the main attorneys representing Humboldt County in civil matters such as the well known pepper spray case which cost the county over three quarters of a million dollars. I was compelled to leave prior to the conclusion of today’s litigation and Judge Kopp had stated emphatically that there “would be no tomorrow” in regards to the length of time taken to dispose of this matter. I will try and relate as accurate a picture of the proceedings as possible though with shortcomings due to my lack of knowledge and experience in legal matters and the inherent bias I share with all finite living entities.

The plaintiffs, with Mr Gans appearing from Mitchell, Brisso, Delaney and Vreize, produced photographs and one video into evidence along with the testimony of three witnesses from PL. Their stories did not match, the photographs were proven to be from different dates when presented as being from one occasion and other inconsistencies were apparent. One location which was alleged by PL to be on land owned by PL was alleged by Ms. Starr to have been proven otherwise in other proceedings though no evidence was produced today. The fact that at least one protest was against PL’s cutting a stand in violation of a stay against logging it issued by Judge Golden was not substantiated to Judge Kopp’s satisfaction during the time I was present. Pacific Lumber’s weak claim that Ms. Starr poses a threat of violence seemed laughable and I think these lumber industry people showed a flush of pink in their faces when they made these bizarre claims. “Lumber jack” is statistically the most dangerous job in America in terms of chance of fatality. In order to obtain a permanent injunction they are seeking to portray Ms. Starr, a demonstratively strict pacifist, as posing a threat of violence.

Tracy Herrin, a brilliant and motivated local family law attorney, associated herself with Ms. Starr, who has otherwise been largely left to fend for herself against staggering odds, and did most of the talking on Ms. Starr’s behalf. This is probably a good thing as Judge Kopp showed obvious impatience with Ms. Starr who, though a very articulate and intelligent person, is not an attorney. Mr. Kopp is known, in particular, for his emphasis on articulation and attention to detail. If you follow the search link on him above more than one page will return articles with this quote; “The North Beach Library has a sentimental place in my heart because my daughters were lucky enough to spend so much time there, and I believe that my political opponents should spend even more time there, because they lack the aspiration for lucid expression. The consistency of their linguistic banality forever emblematizes the deficiencies of their vocabulary, and it has always been one of my foremost motivations to encourage an improvement in the quality of their elucidation, with the hope that it will improve the quality of their political discourse.” While I agree with Judge Kopp in this respect, he is not someone I would want to be judged by in a politically motivated trial with limited representation especially with his clear agenda of getting to a rapid conclusion. I will stop short of saying he looks like a Dr. Seuss kangaroo which is more apparent in his profile than in the above photo… 

June 26th, 2006

Follow the WORMs - for Global Justice

Iraq is a quagmire. The plus side is that WE are not bogged down there. It’s the Bush regime that’s stuck with the war.

So let’s see  - where were we when 911 and the Iraq invasion interrupted us? Oh, yes, we were trying to dismantle global capitalism. We may not have a good battlefield to stop the war - but global capitalism is a ripe target everywhere we live.
Follow the World Bank trail.  With the US defeat in Vietnam, one of the major architects left the Defense(sic) Department to head up the bank. The Government successfully shifted its focus from cold war colonialism to colonies of debt, from bullets to bucks.

Where does the WORM track lead now? Why the incredible Dr. Wolfenstein, one of the major architects in the Defense(sic sic sic) Department, moved on to head up - The World Bank!!!

Our Government orginally used 911 and the Invasion of Iraq as a show of strength to distract our Global movement from following the WORM (white old rich men) castings from Seattle to D.C. to Davos, to Melbourne,to Sacramento, to Cancun…. Everywhere the rich and wormy corporados could go, the avenging birdies  of global justice were going there too.

The war took the wind out of that movement. Even better it exchanged the action oriented, consensus and feminist process operating, revolutionary Global Justice Movement for the Peace Movement - liberal, hand-wringing and Democratic Party addicted.  It was a great trade - for the Bushies!!!

Time’s up on that! While the Generals oppose the war and the Democrats will soon be running Murtha for President, we can open up what is now a 2nd front against the Global economy with some certainty that the Bushies own 2nd front - Iran, Syria, Venezuela - is beyond their bogged down power at the moment. (Knock on wood)
Now we can really start to move again. July 15-17, the G-8 Nations of WORMs will be meeting in “St. Leningrad” Russia and Reclaim the Commons is part of a call to respond internationally on a theme of Climate Change. A few of us among the SoHum Greens are planning a Saturday July 15 action in Eureka. We will gather at 11 at Humboldt Hill and at noon walk to the nuke plant. Our slogan will be Nukes are not the answer to climate change. We are looking for support and other independent fronts during this weekend.
Then go on to July 21-23, when a broad Coalition will be focusing again on Monte Rio on the Russian River where at the Bohemian Grove we will confront the “Little Eichmanns on the River.” The cremation of Care by the elite, rich, famous and powerful WORMs inside (Kissinger is usually there) will be met on Saturday with a noon rally in the Monte Rio parking lot, a counter ritual outside the gates about 2 PM of the Boho Grove and a Green sponsored gathering featuring music, talk, food and tabling in the lovely by the river Monte Rio Park from 4 til way dark. We’re planning another drum session outside the gates Friday afternoon and evening - calling Mickey Hart OUT and greeting the Bohos as they enter.  The same will be repeated Sunday morning.

And don’t forget that that August 25th is an international day of solidarity with the victims of MacDonalds. The IWW has already led one action against MacDonalds this year. Time’s up for another.

Hope to hear from you.  My phone number is 923 4488.  Paul Encimer

June 19th, 2006

‘PL and ScoPac v. Remedy et al’ SLAPP trial continued to June 28th

OKay– So the trial for the Pacific Lumber SLAPP entitled ‘PL and ScoPac v. Remedy et al’ is set for June 28, 2006- 9:00am. Please come and support me!Thanks to everyone who came to court today. I was real upset at first, thinking the judge was going to make me start trial– I apologize for running out of court so fast. Would have been much worse without seeing your faces! Thanks to you folks (you know who you are) who helped me so much today, emotionally and otherwise.

–Verbena

June 17th, 2006

SLAPP Updates; One goes Monday June 19, One is settled

The following are reposted from messages submitted by Verbena and Remedy.

 

 From Verbena

Greetings!

While Maxxam/Pacific Lumber is selling off land (see the attached article

below- being wary of accuracy due to the news source) and continues to devastate the rest of what it calls “theirs”, PL lawyers (from Mitchell, Brisso, Delaney, and Vreize) are still litigating Strategic Lawsuits Against Public Participation. In one such lawsuit, most or probably ALL of the activists have settled out of the case. I am still in it.

In 2002, during storms and a court-ordered stay against PL logging, people protested the cutting of an 160-acre area we called ‘Avalon’- mostly residual old growth Fir and Redwood forest in the Van Duzen/Grizzly Creek watershed. PL called the area to be logged ‘Texas’- indicative of its size and the liklihood that after it was cut it would be more like a desert than a forest…

So, folks hung pods (people sitting in hammock-like nets) with lines across the bridge, and hung from the bridge that led to Avalon. The pod people were suspended over the raging Grizzly Creek (December 2002).

(Remember when logging was seasonal so workers weren’t cutting in stormy weather? –not anymore). Anyway, 4 of us were arrested out near Avalon, and Maxxam/PL added us to a lawsuit that they began against treesitters from old Doug Firs treetops in the Mattole.

Like I said earlier, I am still on the lawsuit. I am to be in trial beginning Monday at 9:00am in the Bd. of Supes Chambers, 1st floor of the Eureka courthouse. I will be arguing for a continuance because I want/need to be at the Sundance in Phillipsville, and because PL weasled out of my deposing one of their main henchmen.

PLEASE, IF YOU’RE IN TOWN, COME TO COURT.

The Judge is a hotshot from out of county, so he may be impressed by a good support turnout. And if he doesn’t grant the continuance, a jury pool may be brought in and they need to see my support especially!!

Below is a message that Remedy sent. Remedy and 6 other treesitters from Freshwater on this lawsuit sued Eric Schatz (the violent treesitter extractor/evictor)and PL –for all kinds of nasty things. Remedy updates you below.

See you Monday (and maybe be with you praying for the Ancient Trees in Phillipsville). Please, in court, try to sit where the judge will know you’re on ‘my’ side, the side of the PEOPLE. Thanks.

If you are wondering later whether I am in full-fledged trial, you can email me or call (707) 618-9185 and type in your number. Let’s hope not for now.

IN DEFENSE OF THE EARTH AND HER PEOPLES, Verbena

 

From Remedy

 

Dear Friends,

I’m writing to give you a long-overdue update on the “Pacific Lumber v.

Remedy” lawsuit. A settlement was reached June 7 between PL and me.

Most of the other 30+ defendants have also settled the case, while other settlements are still pending. However, it appears there will be a trial against defendants who don’t wish to settle the case. Trial is scheduled to start June 19 in Eureka.

After more than three years of litigation with PL on a dramatically lopsided playing field, I am excited that its over. I feel great about the victories we had along the way, which include:

1. greater scrutiny on the treesit extractions themselves,

2. exposure of the unethical role of the police who once again used

their might to favor Pacific Lumber,

3. an end to the treesit extractions (temporary though it may be),

4. an end to harassment lawsuits filed by PL against their critics

(again, maybe temporary),

5. the unexpected fight PL got from activists whom they

underestimated to meet their challenge in court,

6. and the legal education that I would never have undertaken had I

not been sued by a giant corporation.

I want to offer my sincere thanks to all the people who have offered help and support during this long ordeal. I would have been unable to put up the fight I did without all the legal advice, words of encouragement and donated funds.

On to the next challenge!

Remedy

June 12th, 2006

May 1st Immigration protestors not arraigned; limbo probation

Sierra Barnes, Holiday Dalgliesh, and Elsa Contreras, arrested on May first between Arcata and Eureka where they were walking to join the 1,000 strong May first pro-immigrant rally, were due to be arraigned in the Humboldt County Superior Court in Eureka on June 7th but their names did not appear on the court’s arraignment calendar. This leaves them in a sort of legal limbo where they may be charged any time within a year from the arrest date. This means that if they demonstrate again they can be targetted with this in mind thus making any demonstration more of a danger to them.

In spite of this they demonstrated on the court house lawn on the (expected)arraignment  date and were joined by a number of other pro-democracy protestors.