Eric McDavid Hearing Update

From: sacprisonersupport@riseup.net

Date: September 8, 2007

Hello everyone,

Below is an update about Eric's hearing this morning, trial schedule, and

the food situation...

In Limine Hearing

Eric had his In Limine hearing this morning. Judge England denied Mark's

motions because they were filed after the deadline set by the court. Some

of the issues raised in the motions can be addressed during trial. Then

the discussion moved to the government's motion to preclude the entrapment

defense. At first, the judge seemed unmoved by Mark's response, and made

it very clear that he did not want trial to become an indictment of the

FBI. But after much back and forth, the judge asked to see the case law

that Mark was citing. We took a 20 minute recess so he could read the

case. After the judge returned, things moved quickly. The case law is

very clear - the defense only has to show "slight" evidence of entrapment

to pursue it as a defense strategy. England could not deny that Eric has

indeed met that requirement. He stressed over and over how "slight" he

thought the evidence was, and reiterated again and again that he did NOT

want the trial to become an indictment of the FBI, the Justice Department,

or CS "Anna." He said if the evidence does not support an entrapment

defense, the jury will be so instructed.

After many months of disappointing hearings, it felt good to leave the

courthouse with something positive as we move into trial.

Trial Schedule

Just a reminder - trial starts on Monday! The first part of the morning

will just be jury selection, but we WILL (more than likely) be doing

opening arguments in the afternoon. The defense will present their case

first- probably taking up the first week, and spilling over into the

second. We might be done with argument around the 19th, but it might also

spill over into the next week. Then the jury will deliberate...

Eric Still Without Vegan Food

Eric is still not receiving vegan meals. Please continue to call the jail

and demand that he be given a healthy, vegan diet. Make sure that you

have Eric's x-reference number ready when you call, in case they ask for

it. And please be aware that you will probably be put on hold and routed

through a frustrating maze of switchboards before you reach a person you

can talk to! But PLEASE don't let this dissuade you from calling. Eric's

health is deteriorating, he's losing weight, and he needs his strength now

more than ever.

Eric's x-ref: x-2972521

Jail: 916.874.6752

Thanks for your continued support,

Eric's Support Crew