Eric McDavid - Court Report from 9/11

 From Sacramento Prisoner Support:

Yesterday we learned that Eric has finally been given commissary again!
This is the first step towards a stable vegan diet for Eric.

Please continue to call the jail and request that Eric be given vegan
meals. We have been told that Lt. Ilg is responsible for the decision to
deny Eric food. You may want to request to speak to him when you call.

916-874-6752
916-874-6905

Please make sure that you have Eric's x-reference number handy in case
they ask for it: x-2972521


Day 2: Court update September 11

The entire day was taken up by US Attorney Steve Lapham's direct
examination of the government informant known as "Anna". The prosecution
asked for an order that she be referred to as "Anna" through the trial and
that her real name never be used. The defense did not object and the order
was granted. She was sworn in by her real name next to the judge so only
he and the  attorneys could hear her. After being sworn in and identifying
Eric McDavid as "an anarchist I met while working undercover for the FBI",
she told her story of how she came to be an "employee" of the Bureau. She
said she was a 17 year old sophomore at a junior college in Florida who
wanted to impress her political science professor with an extra credit
project. She heard in the news about the FTAA protests in Miami and
decided to infiltrate it for her project. She says that the first day she
when to the protests people were suspicious of her efforts because of her
appearance. She then "went to the goodwill to find the rattiest clothes
possible, something the protesters might like". She said she was accepted
once she began imitating the protesters aesthetic and was able to
infiltrate some kind of group that was planning for the FTAA protest. She
said that "the majority of activists are normal citizens engaging in legal
protests" whereas there is an anarchist minority engaged in "property
destruction, violence, vandalism and trampling people's rights". Anna
stated that she presented the paper on her undercover operation to her
political science class and they liked it. Apparently there was someone
from the Florida investigators office enrolled in the class who was very
taken by her work and approached her to ask if he could share it with his
supervisor. Apparently his supervisor liked it and it went up the chain of
command. At that point the Miami police department called to interview her
along with the FBI. After the completion of that interview she was offered
work with the FBI. At the request of the FBI, 17 year old Anna went to the
G8 in Georgia, the Democratic National
Convention in Boston and the Republican National Convention in New York
City to surveil the protesters. She said that she was asked to give the
FBI "real time" cell phone reports on illegal activities at the protests.
Her examples were giving "breakaway march" locations or "if there was a
rumor that there was a black bloc". She said that at the G8 she was
working undercover at the Independent Media Center. After the G8 she
traveled to Boston before the DNC "to meet the organizers and listen to
their plans". She says that they had no plans for illegal actions. None
the less, she came to Boston for the DNC and met with the organizers
again. In Boston she says that the illegal activities that she advised the
FBI on was a banner drop and a paper mache molotov cocktail. She claims
that she met someone at DNC that invited her to the crimethinc convergence
in Des Moines, which she described as a very exclusive event. She says
that she met Eric at Crimethinc in Des Moines and "at the time I thought
he was inconsequential". When asked by the US Attorney (USA) if she
reported on Eric she said "I mentioned he was there."  When asked by the
USA if that was common she said "I reported on lots of people". Anna
stated that after crimethinc she received a reimbursement for her expenses
and a lump sum payment which she claims was totally unexpected. She says
that her deal with the FBI was only for reimbursements and that the
payments (there was more than one) were always a surprise. After RNC Anna
said "I felt that my obligation to them and my agreement was over",
meaning that after RNC felt she no longer worked for the FBI. She states
that she was asked by the Miami FBI, at the suggestion of the secret
service, to attend the protests against the inauguration in 2005. She
states that she was asked to give reports on anyone dangerous there, but
that "nothing happened". She was then asked by the Philadelphia FBI to
attend the biotech protests in 2005. She claims that she had not kept in
touch with Eric after Crimethinc and heard from him sporadically. She
wanted to meet up with him in Philly because as she said "I was going to
use him to gain access to protesters there, enhance my credibility and
gain access to the convergence center".   She met with Eric and Jenson in
Philadelphia, where they all stayed at Lauren Weiner's apartment (this was
the first time Anna and Weiner had met).  Anna claims that at this point
Eric seemed "radicalized" since the time she had seen him in Des Moines.
The USA brought up an incident in Philadelphia where a cop died of a heart
attack during a protest, and Anna claims that Eric expressed wishes he
could have
participated in the cop's death.  There is no recording or other evidence
of this statement, which the government refers to often in their case
against Eric.  Anna claims that at the Bio protests, Eric told her he had
missed her and had things to tell her but that there were "too many ears
around."  She reported this back to the Philadelphia FBI who then did a
background check and Eric came up on a FBI "persons of interest list" from
Sacramento.  Apparently this was due to an investigation of a friend of
Eric's named Ryan Lewis who was accused of participating in property
destruction in Auburn, CA.  The FBI told Anna to pursue Eric at this point
to try to find out about illegal activities in California. Anna next went
to the Crimethinc convergence in Bloomington, IN, after picking Eric up in
West Virginia.  She reported that this convergence was much larger than
the last, with a wider range of skill shares and workshops.  Upon her
arrival in Bloomington she found time to sneak away and meet with the FBI,
who were particularly interested in her reporting to them on any possible
illegal protests surrounding the construction of the I-69 highway.  During
this Crimethinc convergence, Anna claims that Eric took her to a prison
support workshop, where he told her he had a buddy looking at 40 years
(which she claims was a reference to Ryan Lewis).  Anna claims that  Zach
Jenson and Eric attended an Urban Guerrilla Warfare workshop (she did not
attend the workshop), where  attacking federal buildings was discussed.
Jenson allegedly said he thought it was a great idea, and Anna says Eric
"nodded vigorously" in agreement.  After the Crimethinc convergence, Anna
drove Eric to Chicago.  During this car ride, Anna claims that she asked
Eric about what he had said in Philadelphia about "something big."  She
also asked him about Lewis.  Eric told her about Lewis, and said that
Lewis had performed his actions too close to home.  Anna asked Eric if he
had been involved and he allegedly told her no, but that he had his own
plans.  Anna claims that he listed a number of targets.  At this point
Anna alleged that Eric threatened to kill her if she was a cop.  This is
another claim the government has made repeatedly about Eric, with
absolutely no proof (other than Anna's word).  This conversation was not
recorded.  Anna alleges that at this point Eric asked her to join him in a
bombing campaign in the winter, in her role as medic.  Anna saw Eric again
in August 2005, very briefly, outside of Weiner's apartment.  At this time
Anna told Eric that she was interested in joining him, and he allegedly
asked her to find him a chemical equivalency list.  She agreed.  Anna did
not see Eric again until November of 05, and claims to have had sporadic
email contact with him during this time period.  The FBI wanted her to
gather more information and find out where he was at the time.  (Anna
claims that during her time undercover, she had to find the "dirtiest
clothes" she could produce, and that "I was quite disgusting.")  In
November, the FBI became "concerned" that Eric hadn't made contact, so
they "formulated" a plan to get the group to the west coast where Eric
was.  Anna made contact with the members of the group and asked if they
could meet and discuss their plans.  At this point she began insisting on
flying Weiner to California.  Upon her arrival in California in November,
Anna met with the Sacramento FBI, who told her to attend the meeting,
listen to any mention of targets and tactics, and to keep her safety in
mind.  They also allegedly gave her further instructions as to what her
role in the group should be - specifically that she should never suggest,
don't be a leader, and not to give info unless she was asked for it.  Anna
picked Weiner and Jenson up in Sacramento then drove them Eric's family's
home, where the 4 were meeting.  Eric allegedly gave the group copies of
an interview with Derrick Jensen, which she claims was the basis for much
of his thought.    During the evening the group sat around a fire pit on
the back porch, where they allegedly talked about their "plot," recipes,
targets, etc.  Anna claims that  at this time her body wire was not
functioning because she had accidentally switched it off earlier in the
evening.  She claims that during this time Eric made a statement that even
by having the conversation they were participating in a conspiracy and
that it was bordering terrorism.  Eric allegedly told the group that he
had a recipe for C4 and that he wanted more recipes.  The group also
allegedly had discussion about how they would claim responsibility after
their actions (whether or not to use an ELF tag).  During the weekend, the
group decided to meet after Christmas.  Anna volunteered to procure a
cabin for them (which she had been instructed to do by the FBI - allegedly
for her safety).  The government then spent a fair amount of time going
over an email between Anna and Eric which had been coded - the email was
from Anna to Eric and contained a recipe for explosives.  Eric allegedly
asked Anna for the recipe at the meeting in November.  Anna claims that
the recipe was a "safe bomb" recipe - that the FBI would never give them a
real, working recipe.  In January, Anna drove Jenson and Weiner from the
east coast (DC) to the cabin in Dutch Flat, CA.  At this point Anna
introduced the "Burn Book" to the group, telling them that they should
record any recipes, plans, shopping lists, etc.  Much of the first part of
the book is taken up with recipes that Anna wrote in.  There are also
lists of discussion topics (such as "Select targets" "Surveillance" and
the accidental death of civilians).  Anna claims that Eric brought up the
"accidental death of civilians" topic and that he voiced his opinion that
it was ok if civilians were killed because they were just "fence sitters."
 The government played a surveillance recording to back up this claim.
The group traveled to Nimbus and Folsom dams, then to the Institute of
Forest Genetics.  They were allegedly doing reconnaissance at these
locations and assessing their value as possible targets.  On the 11th of
January, the group traveled to San Francisco to visit chemical supply
stores, to do research, and to allow Jenson to sell some of his writings.
None of the chemical supply stores were open to the public, so the group
stopped at a Wal-Mart in Sacramento on their return to Dutch Flat, where
they allegedly purchased materials to construct an explosive device.  On
January 12, Eric was playing with the stereo in Anna's car and the
recording device hidden there fell out into Eric's hand.  Anna was able to
play it off as an old car falling apart, but claims that she was very
shaken by the event.  Later in the day, the group was pulled over by a CHP
officer when Anna ran a stop sign.  She claims the group was a little
upset with her, and that they were all shaken up by it.  After another
shopping trip, the group returned to the cabin where Anna claims Eric
began "tearing into" the salt substitute and "mixing in earnest."  She
also claims that he began emptying the powder from shotgun shells and
testing fuses.  Anna claims that Weiner and Jenson were reluctant to
participate at first, but then began to actively participate. This was
after the government played a tape of Anna berating Lauren and Zach for
not being involved  After heating the mixture, the glass bowl they were
using busted and their days work was lost.  Anna claims that harsh words
were exchanged the night of the 12th.  They had an argument about people's
level of involvement, and Anna said the argument escalated until she no
longer felt comfortable in the group.  She said a great amount of evidence
had been lost, her stress level was sky high, her role as an undercover
had been compromised, and that she felt "excluded" from the group.  She
said she was confused about the conversation - that it had come out of
left field and that the group seemed cohesive before that.  She said
everything was "coming apart at the seams" and that she felt like she was
on the outside.  She says she left the cabin to go for a walk and be
alone.  (At this point the government played a recording of the argument)
During her walk to be alone, Anna met with the FBI agents and told them
that she didn't feel as if she could continue much longer.  When she left
the meeting with them, she knew that the other three would be arrested the
next day.  The USA asked Anna if the argument was an indication that the
plot was coming apart.  She said no.  When she returned to the cabin, the
group told her that they had put together a schedule of how each day
should be structured (meeting times, use of space, etc), which they said
was a "gift" to her.  She said this was an indication of the group
preparing for the plan to go forward.  Eric, Weiner and Jenson were all
arrested the next morning outside of a Kmart shopping center.  The USA
concluded his direct examination of Anna by going back over her
compensation from the FBI.  She said she received approximately $65,000
over two years.  $35,000 was for reimbursable expenses (gas, food, hotel,
flights) and that $31,000 (plus change) was given to her in lump sums,
sporadically throughout her work.

After today, we will not be in court again until Monday, September 17 at
9am.  Please come show your support for Eric!  Make sure you come dressed
appropriately for court.  And keep in mind that in the interests of Eric's
case, it is best for no one to speak with the media except for Eric's
lawyer.