On June 22, 1990, in Oakland, Judi Bari (who was still in traction and recovering slowly at Highland Hospital) and Darryl Cherney were finally arraigned, and no charges were filed against them, no doubt because the Alameda County DA had no evidence against them. Nevertheless, the same DA expressed intent to charge them anyway, “as soon as evidence could be found.” The case was continued.[1]
That day, a coalition of environmental, feminist, labor, peace, and social justice groups held a press conference outside of the hearing in Oakland “to announce its formation to work in support of the rights of all activists to carry out nonviolent protests unimpeded by police harassment, infiltration, and violence,” as well as to publically support Redwood Summer.[2] The event was attended by Bari and Cherney’s lawyer, Susan Jordan, as well as David Brower and Ted Steiner of Earth Island Institute, David Chatfield of Greenpeace, Monica Moore of the Pesticide Action Network, Randy Hayes of the Rainforest Action Network, David Nesmith of the Sierra Club, and Jane McAlevey of the Environmental Project on Central America. Speaker after speaker excoriated the government for their obvious attempts to frame Bari and Cherney. During his speech, Steiner declared:
“It’s time for the government to clear the reputations of these two environmental activists…A cloud hangs over their heads, and the harassment and misinformation campaign by the Oakland police and the FBI is a well-orchestrated attempt to destroy Redwood Summer. It is an attack on the whole environmental movement.”[3]
Jane McAlevey--the now famous labor organizer, who then was an environmentalist working at Earth Island Institute--also spoke, saying,
“Despite illegal searches and seizures by the Oakland police and the FBI, the prosecution still has not produced a shred of evidence against the victims. This is simply an attempt by some at the federal level in and out of Corporate America to discredit these very effective and heroic environmental activists.”[4]
Monica Moore stated, “The arrest of Judi Bari and Darryl Cherney and the authorities’ presumption that they were responsible for this violent crime is unjust, unfounded, and extremely dangerous to democratic rights.”[5]
David Chatfield declared, “American history shows that when nonviolent protest begins to effect change, it invites repression from authorities committed to the status quo. As the cold war thaws, we may be entering an era in which the FBI and other agencies substitute the Green Menace for the Red Menace.” [6]
One time Sierra Club spokesman and long time environmental activist David Brower spoke for nearly everyone in Redwood Summer when he stated:
“We call for a thorough and impartial investigation into who was truly responsible for the murder attempt against these activists as well as a serious investigation of the numerous death threats they have received. Further, we demand that the authorities desist in their campaign to discredit the legitimacy of their struggle...We call on other environmental groups to express their support for Redwood Summer and for nonviolent direct action as a legitimate method of defending the forests and preserving American jobs. Earth Island Institute supports the goals of Redwood Summer and deplores the thinly-veiled attempts to thwart this worthy effort to preserve the last of California’s old-growth forests.”[7]
In Oakland, the coalition of environmental, feminist, labor, peace, and social justice groups that had held a June 22nd press conference made public a letter calling for an independent investigation of the bombing and the police and FBI’s handling of the case.[8] The letter included the following statement:
“We are also concerned by reports that the two injured Earth First! organizers might have been deprived of due process. In particular, we are disturbed by reports that one of the victims (Cherney) was confined to a small prison cell for eight hours, questioned intensively for four hours by the FBI, given little food or water during this time, and denied access to his attorney—despite his attorney’s efforts to see him throughout this process.”[9]
This document was signed by Congressman Ron Dellums, Assemblyman Tom Bates, and representatives from various organizations, including Earth Island Institute, Greenpeace, Friends of the Earth, Environmental Project on Central America, the National Organization of Women (NOW), the National Lawyers’ Guild, the ACLU, and many others.[10] Congressman Dellums declared:
“Neither the Oakland police or the FBI have conducted any interviews or done any investigative work with respect to this theory of the case. Instead, they continue to focus on a forensic inquiry that seeks to explain an a priori conclusion that Ms. Bari and Mr. Cherney knowingly transported the bomb that blew up their car…[11]
“It strikes me as fundamentally flawed for these agencies to ignore the obvious possibility that individuals seeking to disguise their actions had planted a bomb in the car in such a fashion.”[12]
Mendocino County Supervisor Norm DeVall announced that both Dellums and Bates were seeking intervention from California Attorney General Van de Kamp against the ongoing attempts to frame Bari and Cherney.
“The media, FBI, and Oakland Police are looking upon the two victims as suspects,” charged Ying Lee Kelley, one of Ron Dellums Congressional aides.[13]
“(There is an obvious) lack of care that’s been taken with the car and the immediate evidence that should have been investigated…I think it’s also important to point out that Bari and Cherney are two people that have dedicated themselves to the Gandhian principles of nonviolence.”[14]
California state Democratic Party Executive Board member Agar Jaicks declared, “The violation of Bari and Cherney’s rights gives fair warning to lumber employees that their rights, too, can be denied.”[15] Helen Grieco, executive director of NOW’s San Francisco chapter suggested that if investigators were serious about catching the bomber, they’d consider the actual likely suspects, which included corporate timber representatives, anti-choice activists, and quite possibly the FBI itself. David Brower agreed, saying, “We’ve got to put our security agencies on trial. We deserve more than we’re getting from these agencies.”[16]
“History is full of violence against nonviolent activists…Earth First! was beginning to have an effect on the status quo.”, echoed Greenpeace regional director Chet Tchozewski.[17]
“I think the next phase of this investigation has to be for a clear and open investigation and not charge the victims and call that justice. We don’t know anything anyone here doesn’t know. We want someone other than the victims to be considered as suspects,” he added.[18]
Originally Oakland police officials stated that they would bring charges against the pair on June 18, 1990. They postponed that hearing until July 18[19], but on July 17, 1990, Alameda County District Attorney Chris Carpenter announced that the County would not charge Bari and Cherney after all, despite their having corroborated with the FBI in an obvious frame up attempt of the pair. “Based on the evidence that we have, no charges will be filed. We had a bomb go off in Oakland and police are continuing their investigation,” declared Carpenter.[20] Not willing to completely concede defeat, however, he said, “We haven’t eliminated anyone as a suspect.”[21] Lawyers Susan B. Jordan, Douglas Horngrad, and Richard Ingram, Bari and Cherney’s legal team, declared:
“From the moment the bomb went off under Judi’s seat the Oakland Police Department launched an investigation directed only at them solely because they are political activists. The Oakland Police Department has conducted an unprecedented and outrageous smear campaign in an attempt to discredit Earth First! and Redwood Summer.”[22]
Redwood Summer organizer Ed Denson issued the following addendum, on behalf of Bari and Cherney’s legal team:
“We view the District Attorney’s action today not only as an indication, but as a confirmation of Judi Bari’s and Darryl Cherney’s innocence. We resent any implication that they are not totally innocent. There is no evidence, nor has there ever been, that nails on the bomb match nails at Judi’s house. This evidence does not exist…
“We intend to pursue this investigation and we are demanding the immediate release of all information gathered to date. We are evaluating today’s action with an eye toward a lawsuit for false arrest and for violation of Judi Bari’s and Darryl Cherney’s civil rights.[23]
The Oakland Police Lieutenant Mike Sims, however, indicated that his department still considered Bari and Cherney as likely suspects, stating, “We developed a lot of information, talked to a lot of people. What a lot of people lost sight of was that there was another bombing in this case involving a lumber yard. We would have been remiss if we had not followed the course we have taken.”[24] Sims was referring to the nearly identical bomb that had been found at the LP Mill in Cloverdale two weeks before the bombing in Oakland. It was later determined, by the FBI forensics investigation that the two bombs were produced by the same bomber or set of bombers.[25] Sims complained about the difficulty in his investigation, because few of those close to the victims would cooperate with his department, no doubt due to the latter being wary of the Oakland Police’s possible complicity in a cover-up.[26] Sims declared:
“We will continue with the investigation and check out all leads, but it is difficult when we have people refusing to talk to us. To this point our (investigation) has been geared in their direction. We realize the political and economic situation in that area is volatile but we are not going to serve somebody’s political agenda. We are going to go with the evidence that identifies the bomber.”[27]
What Sims was ignoring, of course, was that he was already serving the political agenda of the employing class, specifically Corporate Timber, by continuing to ignore the obvious, that the bombing was an assassination attempt. [28]
The reaction among the Redwood Summer organizers was one of relief and vindication, but not elation. Mike Roselle stated, “We need a real investigation that follows up on some of the obvious leads like the death threats, but we do not have a lot of confidence that the Oakland Police will do this, although that is their responsibility.” Betty Ball made it clear that there was still a campaign to be waged. “The forests are still falling and a bomber is still out there. We don’t have to deal with (just) one issue anymore. I have known from the outset that (Bari and Cherney) were the victims.” Representatives of Seeds of Peace were angry at the unwarranted searches and what they felt were illegal detentions of their members on May 24, 1990 and demanded an apology from the Oakland Police. Jim Squatter, speaking for the group declared, “We felt that they were on the wrong track and they finally proved our point.”[29]
Bari and her immediate family, including her sister Gina Kolata with whom Bari rarely saw eye to eye politically, were relieved.[30] Bari declared that she was “ecstatic” about the decision but “outraged at what the FBI and the Oakland Police (had done to her).”[31] She was also critical of the Mendocino County police agencies, unsympathetic local officials, and the corporate press for their parroting of the official line that she and Cherney were knowingly transporting explosives that accidentally detonated. Bari said that local officials and especially the Mendocino County Supervisors were, “quick to condemn us for possible violence when we announced Redwood Summer, but they were strangely silent when this unspeakable violence happened to me.” Of the corporate press, she complained about reporters falling for “selected leaks and innuendo instead of making the police try me in the courtroom where there are rules of evidence.” She was especially incensed at the reporting in one publication in particular, declaring, “The Press Democrat has done as much damage to me as the Oakland Police. I don’t call that journalism. I call that slander.” Despite this, Bari was undaunted in her resolve. She declared, “I don’t intend to be run out of town. I don’t intend to shut up. I’m going to be there (involved in Redwood Summer), and I’m going to be saying ‘no’ to the timber industry.”[32] She added,
“We are going on the offensive now…the authorities in Oakland, the local FBI, and the Mendocino County Sheriff’s Department have shown themselves to be completely incapable of conducting an investigation into finding out who did this to me. Some of these people should be fired, some of them belong in jail themselves. The killers are still out there.”[33]
She also stated, “What they did was not an investigation. It was an outrageous smear campaign…Now they’re going to pay. We’re going to sue their asses…We’re going to find out who did this and we’re going to demand that those people responsible be prosecuted.” Darryl Cherney, who had just returned from the Earth First! RRR in Montanat was equally guarded, declaring, “I’m worried about some bozo out there with a bomb. My happiness with the district attorney’s decision not to prosecute is tempered by the fact that there’s a would be assassin of environmentalists who’s still on the loose and not being looked for.”[34] Bari had recently been discharged from Highland Hospital in Oakland, but her right leg was shredded and she was undergoing physical therapy at a Santa Rosa rehabilitation clinic.[35] Though she had been severely maimed, if the bomber had hoped to silence Judi Bari, that attempt had failed miserably. Bari agreed, stating, “They blew up the wrong end of me.”[36]
Notes:
[1] “Redwood Summer Timeline”, by Karen Pickett, Earth First! Journal, Samhain / November 1, 1990; and Richard Johnson, Mendocino Country Environmentalist, various issues from June 1, 1990 – October 1. 1990.
[2] “What Makes Us Strong”, by Karen Pickett, Redwood Summer Earth First! Extra, late July 1990.
[3] “Redwood Summer Bombing: Police Framing, Not Investigating”, by Richard Johnson, Mendocino Country Environmentalist, July 1, 1990.
[4] “Redwood Summer Bombing: Police Framing, Not Investigating”, by Richard Johnson, Mendocino Country Environmentalist, July 1, 1990.
[5] “Redwood Summer Bombing: Police Framing, Not Investigating”, by Richard Johnson, Mendocino Country Environmentalist, July 1, 1990.
[6] “Redwood Summer Bombing: Police Framing, Not Investigating”, by Richard Johnson, Mendocino Country Environmentalist, July 1, 1990.
[7] “Redwood Summer Bombing: Police Framing, Not Investigating”, by Richard Johnson, Mendocino Country Environmentalist, July 1, 1990.
[8] “What Makes Us Strong”, by Karen Pickett, Redwood Summer Earth First! Extra, late July 1990.
[9] “Congress to Probe FBI”, by Richard Johnson, Mendocino Country Environmentalist, August 1, 1990.
[10] “What Makes Us Strong”, by Karen Pickett, Redwood Summer Earth First! Extra, late July 1990.
[11] “Congress to Probe FBI”, by Richard Johnson, Mendocino Country Environmentalist, August 1, 1990.
[12] “Probe Asked of Oakland Police, FBI: Handling of Car Bomb Blast Questioned”, staff and wire reports, Santa Rosa Press Democrat, July 17, 1990.
[13] “California’s ‘Timber War’ Heats Up”, by Chuck Idelson and Tara Kramer, People’s Daily World, July 21, 1990.
[14] “Probe Asked of Oakland Police, FBI: Handling of Car Bomb Blast Questioned”, staff and wire reports, Santa Rosa Press Democrat, July 17, 1990.
[15] “California’s ‘Timber War’ Heats Up”, by Chuck Idelson and Tara Kramer, People’s Daily World, July 21, 1990.
[16] “Probe Asked of Oakland Police, FBI: Handling of Car Bomb Blast Questioned”, staff and wire reports, Santa Rosa Press Democrat, July 17, 1990.
[17] “California’s ‘Timber War’ Heats Up”, by Chuck Idelson and Tara Kramer, People’s Daily World, July 21, 1990.
[18] “Probe Asked of Oakland Police, FBI: Handling of Car Bomb Blast Questioned”, staff and wire reports, Santa Rosa Press Democrat, July 17, 1990.
[19] “No Charges Against Judi and Darryl”, Industrial Worker, September 1990.
[20] “No Bombing Charges: Evidence too slim against Bari, Cherney”, by Bleys W. Rose, Santa Rosa Press Democrat, Wednesday, July 18, 1990.
[21] “DA Won’t Charge Victims; Evidence Lacking in Earth First! Case”, UPI Wire, Eureka Times-Standard, July 18, 1990.
[22] “No Bombing Charges: Evidence too slim against Bari, Cherney”, by Bleys W. Rose, Santa Rosa Press Democrat, Wednesday, July 18, 1990.
[23] Press release, by Ed Denson, July 17, 1990.
[24] “DA Won’t Charge Victims; Evidence Lacking in Earth First! Case”, UPI Wire, Eureka Times-Standard, July 18, 1990.
[25] “Who Bombed Judi Bari?”, Judi Bari interviewed by Beth Bosk, New Settler Interview, Issue #89, 1995.
[26] “Redwood Summer Bombing: Police Framing, Not Investigating”, by Richard Johnson, Mendocino Country Environmentalist, July 1, 1990.
[27] “No Bombing Charges: Evidence too slim against Bari, Cherney”, by Bleys W. Rose, Santa Rosa Press Democrat, Wednesday, July 18, 1990.
[28] “Redwood Summer Bombing: Police Framing, Not Investigating”, by Richard Johnson, Mendocino Country Environmentalist, July 1, 1990.
[29] “No Bombing Charges: Evidence too slim against Bari, Cherney”, by Bleys W. Rose, Santa Rosa Press Democrat, Wednesday, July 18, 1990.
[30] “Bari Vows to Resume Fight”, by Mike Geniella, Santa Rosa Press Democrat, July 18, 1990.
[31] “California’s ‘Timber War’ Heats Up”, by Chuck Idelson and Tara Kramer, People’s Daily World, July 21, 1990.
[32] “Bari Vows to Resume Fight”, by Mike Geniella, Santa Rosa Press Democrat, July 18, 1990.
[33] “Redwood Summer Appears in Fort Bragg Saturday: Frame Up Dropped”, by Bruce Anderson, Anderson Valley Advertiser, July 18, 1990.
[34] “No Bombing Charges: Evidence too slim against Bari, Cherney”, by Bleys W. Rose, Santa Rosa Press Democrat, Wednesday, July 18, 1990.
[35] “Bari Vows to Resume Fight”, by Mike Geniella, Santa Rosa Press Democrat, July 18, 1990.
[36] “Breaking Up or Breaking Apart”, by Karen Pickett, Earth First! Journal, Samhain / November 1, 1990.