Eric McDavid Court Report, Sept. 24 (Day 7)

author: Sacramento Prisoner Support

Court report from Day 7 of trial

Below is the court report for yesterday (Monday). The majority of the day
was taken up by Zachary Jenson's testimony, followed by Randy Meyer of the
IFG, and then the prosecution rested. Mark began the defense's case with
character witnesses. Today (Tuesday) was the last day of arguments and the
jury will begin deliberating tomorrow morning, after they receive their
instructions. We'll post the report from today soon.

Please keep calling the jail, as Eric is still not receiving vegan meals!
He did receive commissary again this week. Visit www.supporteric.org for
more info on calling the jail.

Day 7, September 24, 2007

[Note: This is day 7 because it is the 7th scheduled court day, though
only the 5th full day of court. The previous two court days consisted of
the court being informed about defense attorney Mark Reichel's injury.]

Zach's Direct

After the RNC, Zach went back to Seattle and didn't see Eric again until
April of 05 in Seattle, when Eric stayed with him at his house for 2-3
weeks. They then hitched down the coast together, split up in Vegas and
Eric went to Ft. Lauderdale for the OAS. They met up again in Philly at
Bio, which is where they met Lauren for the 1st time and stayed at her
apartment. Zach testified that he noticed a "change" in Eric after the
RNC, that Eric seemed more "focused" and that by June of 05 Eric saw
protest as ineffective. He testified that Eric had been a mediator at a
spokescouncil meeting at Bio in 05. He also claimed that Eric discussed
the use of Molotov cocktails at bio, and that this was typical of Eric's
new attitude.

In July of 05, Zach attended the Crimethinc convergence in Bloomington,
IN. Eric and Anna were also there. Zach testified that he and Eric both
attended a guerrilla warfare skillshare, although he doesn't remember
specifics about the skillshare. He claimed that they did discuss targeting
federal buildings. He said that while in Bloomington, Eric identified
possible targets, including banks (to burn the money), mountain top
removal projects, and communist party buildings.

In August 05, Zach returned to Philly for Pointless Fest. He stated that
he met Eric and Lauren at a café where they discussed protest being
ineffective and using direct action. He said they planned to reconvene in
the winter, and at the AUSA's prompting he added that it was mostly Eric
and Lauren who participated in the conversation. Zach claimed that Eric
had alluded to direct action during the summer. He testified that Eric did
not seem hesitant at this time, and that he never seemed hesitant after
August of 05.

After Pointless Fest, Eric and Zach hitched back to the west coast. He
claimed that while they were passing through Kansas suggested dropping
sugar or "little bombs" into gas tanks.

In November at Eric's parent's house in Forest Hill, Zach testified that
Eric claimed the group was at the house of a "known anarchist." He also
claimed that Eric told the group during a conversation at the fire pit
that their discussions and meeting there constituted an act of conspiracy
and that he was ready to go to jail for his beliefs. The AUSA asked Zach
if Eric seemed hesitant about direct action at this time and Zach said no.
Zach testified that Eric and Anna asked him that night about how he was
feeling about direct action. He told them he felt comfortable, but when
the AUSA asked him if he was, in fact, comfortable at that time, he said
no. The AUSA then brought up an interview/article with Derrick Jensen, and
asked if Eric had referred to it at the meeting. Zach said yes, and
explained that the article was about "fence sitters" and how it doesn't
matter if they're scared away by action, because they're going to be
scared away anyway. He said he recalled that the Jensen article mentions
dams as a target. He said that Eric agreed with Jensen's views.

Zach claimed that while in Forest Hill the group discussed targets,
including billboards, cell phone towers, corporate buildings, and the IFG
(Institute of Forest Genetics). He claimed that Anna did not indicate a
particular target, but that she did ask a lot of questions - in Foresthill
and at the cabin in Dutch Flat. Zach claimed that Eric brought up the idea
of homemade C4 in Foresthill - a "recipe" including mixing bleach and
ammonia. In Foresthill, the group decided that they would meet after the
New Year to begin.

The AUSA asked Zach if Eric seemed influenced by Anna and he said no. She
asked if Eric seemed hesitant in Foresthill, and he said no.

Zach then explained security culture. The AUSA asked Zach if Eric
understood security culture, and Zach claimed he didn't remember if he
did, but he "assumed" he did. He also said he didn't remember if he was
given directions about security culture from Pointless Fest through
January of 06. He said he signed up for email in December of 06 that he
thought was secure (anythingirish).

He claimed that the group had discussed cutting off contact with their
families so they wouldn't know where they were. He also said they
discussed a possible safehouse in Wyoming. Zach stated that Eric wanted
security to "be pretty tight." The government then brought forth an
exhibit - an email between Eric and Zach in which Eric asked Zach to talk
to Lauren about security culture.

The AUSA asked Zach if Eric asked Anna to do anything to further the plan
during the weekend in Foresthill. Zach said no. Zach said he contributed
$100 worth of food stamps for groceries during their time in Dutch Flat.
He also said that Eric held on to the "Burn Book" the most. He claimed
that Eric had voiced an opinion on the accidental death of civilians,
which was that he would avoid intentionally hurting people, but that he
would take it on a case by case basis. Zach claimed he didn't want to be a
part of any "accidental death of civilians," and that Eric didn't feel the
same.

Zach testified that the group did "recon" at the Nimbus dam and at the
IFG. The group parked their car at a market across the street from the IFG
to hide their license plate. They told the workers at the IFG that they
were students from a local college, and Eric signed in for the group under
an alias (the Sean Douglas Group). Zach claims that the group considered
the IFG a target on that day. Zach testified that Eric and Lauren used the
internet on the 11th to search for chemical supplies, but the search was
unsuccessful. They identified stores and Eric called them. At the cabin
they discussed testing explosives in the desert in Nevada or Susanville.

On January 12, the group came into contact with law enforcement when Anna
got pulled over for running a stop sign. Zach claims the mood was tense
after the stop, and that people blamed her "a little bit" for the stop. He
says he can't remember if she was criticized. He says that Eric tested
fuses on the 12th, and that it was Eric's idea. He also claimed that Eric
was the primary person mixing bleach and ammonia that day. He says he
himself did not stir the mixture. Upon prompting, Zach stated that Eric
seemed "like the brains" of the operation, that he was coming up with most
of the ideas and suggestions. When asked if Anna asked questions or made
demands, he responded that she asked questions. He claimed that Eric's
opinion usually prevailed. He also claimed that Eric was the one to calm
Anna down.

Zach stated that the plot was moving too quickly for him. After Anna left
the night of the 12th, the rest of the group had a discussion about
setting a schedule and having personal space so things would go more
smoothly. .He testified that no one that night suggested that Anna be
dropped, and that no one suggested pulling out of the conspiracy. He said
the plan for January 13th was to get more supplies to try again.

When asked to describe his relationship with Eric during 05 and 06, Zach
said that he saw Eric like a brother. He claimed that he still considers
Eric a friend, and that Eric told him he should take care of himself. The
AUSA asked Zach if he had conspired, and he said yes, that he had
conspired to destroy property that was harming the environment.

Mark's Cross Examination

Mark briefly reviewed the timeline Zach laid out in his direct. Zach
confirmed that he did not pick out Anna as an informant at the G8 in June
04. He said he found her to be attractive, and that they had "small"
conversations.

Zach described the sleeping arrangements at Crimethinc in Des Moines (04).
He said that he slept in the attic of a house, and that Anna "was sleeping
with him [Eric] there as well." Zach said that Eric had no money at this
time, and that he was homeless and living off the land. He said this was
his own situation as well. He said that Anna did have cash in Des Moines,
and that she took him shopping at a corner store. He said that Eric at
this time was honest, nice, friendly, and not violent. After Des Moines,
Zach traveled to the RNC with Eric.

Mark then questioned Zach about previous drug use. He said marijuana
sometimes made him feel divorced from reality and paranoid. He also
affirmed that it helped him write more freely. He said he hasn't written
since May. Zach said he smoked marijuana with Eric before the fire pit
conversation in Foresthill, but that they effects had started to wear off.

Zach said that Anna claimed she had been a stripper and that she had $100
bills, but that Eric never had much money. Again, he was homeless and
penniless. When asked if he had ever known Eric to rent a home for a
month, Zach said no. Zach said the $100 in food stamps he spent in Dutch
Flat was end of the stamps, and that after that he himself was homeless
and penniless again.

After the RNC, Zach and Eric went back to the west coast. Zach claims he
can't recall if Eric talked to him about Anna, or if Eric wrote love
letters to Anna. After they arrived in Seattle, Eric stayed with Zach for
a couple of weeks, then left. They took off together again in April 05.
They had emailed through the spring, but did not discuss direct action
then or while the traveled out east. Zach said Eric did not express a
desire to engage in direct action in Auburn.

Zach said at some point he became aware that Eric had a romantic interest
in Anna, which developed at Bio. He said he didn't notice Anna ever
spurning or pushing Eric away. She knew Eric was interested in her - it
was no secret to anyone.

Mark asked Zach if he talked with the AUSA about the questions that were
going to be asked during trial. He said yes, but not the exact questions.
When asked if there were times he disagreed with the AUSA about what had
happened, he said yes. Mark went over the process of Zach's plea, during
which time Zach affirmed that his lawyer had gone over the minimum and
maximum amount of time in jail he faced and what the sentencing guidelines
were. He was facing 5-20, but after his charges got reduced with the plea,
he is now facing 0-5 years. He affirmed that he is now the government's
witness. He affirmed that he has not yet been sentenced, although his
sentencing hearing was originally scheduled over a year ago. Now it is set
for after trial. His goal is to get as little time as possible. Mark asked
if the sentencing recommendation from the government was based on whether
he was truthful, helpful, and offered his assistance, and Zach said yes.
When Mark asked if the government was no longer the opponent in his mind,
Zach said "correct." He affirmed that the government had prepared him by
giving him "pieces" of evidence to listen to. He said he wanted the
government attorneys to be happy with him as a witness.

Mark then directed the conversation back to the email between Zach and
Eric. Eric was in Sacramento at the time, and he says he can't make it to
the November meeting because he has family stuff to take care of. Mark
asked if Eric didn't want the group to know he was hesitant, and Zach said
"correct." He said he was acting.

Zach said that during the car ride out west in January that he was "still
saying things to make them think I was good to go for it," although he was
hesitant and reluctant. He said that Anna paid for the gas during this
trip. He says he does not remember Anna asking him how he felt about Eric
being their leader during this trip, but he does remember a conversation
(with Anna) about Anna leading them into a trap. Mark asked if that was
because she was leading everybody on everything, and Zach said "it seemed
like it."

Anna told Eric to get an anythingirish email account. She was upset when
Eric said he couldn't make it to the November meeting. He affirmed that in
December of 05 Eric was still trying to get a recipe from Anna, and that
Eric never said to Anna that he had a recipe and that he didn't need any
help. He said that Lauren did bring books with recipes to Dutch Flat.

When asked if the government had talked to him prior to his testimony
about who was the "brains of the operation" he said "yes I did." Mark
asked him if Anna had at least the same brainpower and wherewithal as
Eric, and Zach said "she seemed to." He affirmed that she had instructed
Eric, and that Lauren had brought books with recipes. He testified that in
July and August of 05, Eric said he didn't want to go to the west coast on
the advice of an attorney, and that he didn't want to be involved in
direct action in California. When Mark said that idea must have come from
somewhere else, Zach said "I suppose so, yes." Anna brought the laptops
the group used, as well as a chemistry set.

The group spent a lot of time on the 11th trying to figure out what a
hydrometer was - Zach testified that Eric didn't know what it was, but
that Anna did. He admitted that he himself is very unfamiliar with
chemistry. He said he didn't know if the "final product" at Dutch Flat
would use a fuse, so he had no idea if the fuses were for something else.
He had no understanding of what the final product would be called. He
testified that the mixing was a failure, and that the bowl breaking added
to the tension of the day. He admitted that it felt like they were a bunch
of amateurs. When asked if Anna was the brains of the operation, he said
she was in regards to the chemistry stuff.

In the "Burn Book," it says "A" (for "Anna") next to "Targets." This was
her concern and she wanted to talk about it. Eric's name is nowhere on the
list of concerns. The purpose of the book was to focus the group, and Anna
encouraged everyone to write in it.

On the 12th, during the argument, Zach stated that things were moving too
fast. He affirms that during this argument, Eric was advocating to Anna
his (Zach's) position. Eric says maybe they can just do billboards. Lauren
was also trying to pull back. Lauren was in the kitchen during the mixing,
but Anna was trying to get her to come out. Eric was sticking up for
Lauren, telling Anna not to push people. When asked if Anna was pushing
people, Zach said yes, that he found Anna to be pushy at this point. After
the argument, Zach voiced concern that Anna had turned off her cell phone
for security reasons.

Mark then asked Zach if anarchism means different things to different
people, and Zach responded "yes." He affirmed that it's a political view
that is egalitarian and concerned for others, that the poor should be
helped. He said this was a vision he shared with Eric. He testified that
Eric was not violent when they met.

Zach testified that he and Eric smoked marijuana the night of the 12th.
They then wrote in the "Burn Book" their plans for the next day, to
organize how things were going to go. He felt like things were moving too
fast. He said that there were no real plans at the end of the day, but
that they discussed plans later that night. Zach said that both he and
Lauren's goals during the discussion/argument on the 12th was to say
things were going too fast, and that Eric was backing them up.

He testified that Lauren really like Anna, that Anna was like a sister to
her and that she looked up to Anna. Zach said that Anna gave Eric money
for supplies, $100 bills. He also testified that the group decided Nimbus
dam would NOT be a target. The group had no specific cell towers
identified as targets. The group had no agreement on fixed targets the
morning of the 13th [when they were arrested]. Mark asked Zach if direct
action could mean many different things (sit ins, breakaway marches,
vandalism, arson) Mark asked Zach if people at convergences talk about
direct action, and Zach affirmed. Zach had talked about federal buildings
in July of 05. Zach affirmed that these were the same sorts of
conversations the group was having on the 12th and 13th.

Government's Redirect

The government went back over the terms of Zach's plea. He admitted having
had to talk to agents about people unconnected to these charges. He said
if he lies he can be recharged with the original charges. The government
can recommend the full 5 years, under the current charge.

When asked if Eric had a physical relationship with Anna, Zach said yes,
but only cuddling and sleeping. He named a couple other people Eric had
physical relationships with. He said that Anna did not encourage Eric in
his advances. He claims that he Anna told Lauren Eric was trying to force
himself on her, but that Eric said he never forced himself on Anna.

He talked about how they ate out of dumpsters, shoplifted and panhandled.
When asked if Eric was the same size he is now, Zach said that Eric looks
like he's lost 20 pounds [no surprise, as the jail continues to deny him
vegan food... ]. The AUSA asked Zach if Eric's parent's kicked him out,
and he said no, that he understood Eric could go back home when he wanted
to. He claims that Eric was not housesitting for his parents in November,
but that he was actually living there.

Zach testified that Eric claimed to be the "idea man" for the group. He
said that Eric expressed the desire to use a Molotov sometime between july
of 04 and January of 05. He said that Eric didn't seem capable of
attacking gas stations (with sugar or little bombs) because he didn't have
the tools or supplies he would need. He said he didn't seem hesitant. Zach
said the group purchased a gas can for fuel for an explosive device.

Zach testified that Eric was not high on the 13th and that he appeared
"willing to go." When asked if Anna had not had money that morning, would
the group have been able to get supplies, Zach said it would have been
harder, but yes. The government then played an audio clip in which Eric is
advocating slowing down, and possibly targeting unspecified cell phone
towers. Anna expresses her dismay at losing the "tree factory" [IFG]. The
government asked Zach who was giving the answers in this clip, and he
replied "mostly Eric." When asked how he felt when he reviewed the
evidence in the case, Zach said it scared him because they "had a lot of
evidence against us." She asked him if he was guilty, and he said yes.

Mark's recross

Mark points out that the excerpt isn't the end of the conversation. Zach
affirms that other people participate in other parts of the conversation
and that it wasn't just Eric. When Lauren later gives her views, Eric is
supportive. Zach said Eric sat quietly to consider their thoughts, and
that he was supportive of them. The disagreement was with the three of
them and Anna.

Govt Redirect

Was the agreement still in place? "yes"

Mark's response

You had no idea what was in Eric's mind, correct? "Correct"

Govt

Did Eric express opinions about going forward in this exhibit? "yes"

Mark

You were just acting, right? "yes"

So you have no idea whether or not Eric was acting also? "yes"

Randy Meyer's Testimony

Randy Meyer works for the Department of Agriculture, USFS, at the IFG in
Placerville, CA, where he is a biology technician in a lab. He has been in
the field for 16 years. He says he interacts with college students
regularly on the job. He says that visitors usually register in the
registry book, as a security measure. He was at work on the 10th when
Eric, Zach, Lauren and Anna came to the IFG. The group signed in under
"Sean Douglas Group." Randy had shaded in their entry with highlighter
because he claims he was nervous about the group. He gave them brochures
and pointed out the arboretum, but then saw them again later. He said they
"weren't quite doing what I thought they were gonna' do." He said their
responses to questions weren't making sense, as he has a familiarity with
the local schools and what classes are offered, which teachers teach them,
etc. He claims he spoke primarily with Eric. The government then pulled up
a hand-drawn map, allegedly drawn by Eric, of the IFG. Randy testified
that it was a fairly accurate representation of the property. He said if
someone wanted to do mischief with the map, they could. He testified that
there was a scientist who lives on site. The government then asked him
about gas and fuel tanks, as well as chemical supply sheds. He said the
propane tanks were not hidden and were "kinda' hard to miss." He said the
chemical building was clearly marked on the outside, and that the
chemicals would be toxic if caught on fire.

Mark's Cross

Randy said he had not been notified by the FBI prior to the group's
arrival (which he was upset about). He did not see what car they drove in,
which was an indication to him that something was amiss, as no one had
ever walked in off the road before. He stated that he thought Eric was the
leader of the group. He did not notice anyone taking pictures or using a
camera.


In a break, during the absence of the jury:

Government Stipulation:

Both parties agreed to the following:
1)Cell phone towers affect interstate and international commerce
2)The Nimbus dam is owned and operated by the US Bureau of Reclamation
3)The fish hatchery is owned by the state of California
4)The IFG is owned by the USFS
---------------------------------------------------------------------------------------

Mark's motions
1)To renew the pretrial motions to dismiss because of outrageous
government misconduct
Denied
2)To renew the motion to suppress evidence of audio/video surveillance in
DF because of 4th amendment violations, no warrant and Anna's testimony
that there was no place in the house the camera's couldn't reach
Govt says Anna never testified to that, the tapes only ran in her
presence, the cabin was rented by the govt so there was no warrant required
Denied
3)To move for acquittal based on Rule 29, the govts failure to establish
evidence of a crime
Denied

Defendant's Case in Chief

Character Witnesses

Eric Gonzalez

Eric has known Eric for 15 years. They met in High School and have been
best friends since then. The last time he saw Eric was at New Years in
January of '06. Eric M. lived with Eric G. for a while in 04 while Eric M
was working construction in Sacramento. He described Eric M as honest and
kind, and said that Eric never expressed violent thoughts to him. Eric
told him about his travels. He said that Eric did not strike him as
someone who would have been involved in explosives in 05. He said Eric
offered to help others and that his disposition was that he was always
happy. He said he never heard Eric talk about making explosives. Eric was
part of the family - he knew him for 15 years and he had never harmed
anyone.

Govts Cross

The AUSA asked Eric "Who is Derrick Jensen?" and Eric responded that he
didn't know. Eric said that he and Eric M talked back and forth about what
they believed in, but that Eric never really talked about his own
political views. Eric M never told him he was an anarchist. He did share
travel stories and he did tell him he was attending protests and
crimethinc convergences. He said he didn't know where he was going after
New Years. Eric G was interviewed by the FBI about Eric M in April of 06,
and FBI documents show that Eric G reported to them that Eric had told him
he was going to Seattle after New Years. The AUSA was seemingly trying to
get Eric G to say that Eric M was lying to him, but he said he wouldn't
consider it a lie. He said he had never heard Eric M discussing plans. The
AUSA then asked Eric G about his political views - specifically if he was
conservative then, then if he was a republican. He stated that he was
apolitical.

Mark's Redirect

Eric Gonzalez's wife has known Eric M for 13 years and also considers him
a good friend.

[Long back and forth between govt and Mark about when admissible timeline
starts - England sides with govt, effectively stating that predisposition
starts the same day as the conspiracy allegedly begins???]

Sarah Gonzalez

Sarah has known Eric for 13 years. During that time he has stayed and
lived with them. He is like a brother to her. She said he's always been
special to her. She described him as caring and loving - as family. She
said he has never been a violent person, and that she was extremely
surprised by the charges. She said that he did talk to her about Anna - he
enjoyed her company and looked forward to seeing her again. .

Govts Cross

The government asked if Sarah was with Eric in Philly, Des Moines, etc.
No. She couldn't remember if Eric had talked with her about Derrick
Jensen. She said that Eric had not told her he was an anarchist, but that
he did talk to her about Ryan Lewis. He had not talked with her about
direct action or the ELF.

Sarah McDavid

Sarah is is Eric's sister. She testified that Eric did not have a job in
the summer of 05 and that he was traveling at the time. She said that her
brother was completely non-violent, and that violence was not in his
character. She said he is extremely peaceful and sensitive. She said he
was normally happy. She testified that Eric came home for the holidays in
05. When Eric was arrested, she said she was completely surprised by what
the media was saying about him being an "eco-terrorist." When Mark asked
her why she said "because he's not." She said he is not ok with killing
people.

Govt Cross

The govt asked her how many conversations she had with Eric about killing
people, and she responded "zero." She said that they had discussed his
views on the environment, but had not discussed the ELF or ALF. She said
she knew he was having friends up to the house in November. The government
asked if she had heard any of the tapes, and she said yes. The government
said, despite listening to all these things, you still believe he's
nonviolent? And she said yes. The government said "Because he's your
brother?" She responded that it was his character.

This concluded court for the day.