Tacoma Jury Convicts Woman of Arson; Hangs on Other Counts (Civil Rights Outreach Ctte.)

Civil Rights Outreach Committee

For immediate Release:  March 6, 2008
Contacts:  Kassey Baker, 360-561-5261
Lauren Regan, Atty, Civil Liberties Defense Center, 541-687-9180

Tacoma Jury Convicts Woman of Arson; Hangs on Other Counts

Tacoma, WA - A federal jury was unable to reach a decision on conspiracy
and transportation of a destructive device but convicted Briana Waters, a
32-year-old mother and violin teacher and former resident of Olympia of
arson. The government charged her with being a lookout in connection with
the May, 2001 arson of the Center for Urban Horticulture at the University
of Washington in Seattle. If convicted on all counts, Waters would have
faced a sentence of 35 years. The two informants who testified against her
in the case, who admitted to participating in the arson, face between
three and seven years.  Ms. Waters' sentencing is set for May 30.

Without any physical evidence linking Ms. Waters directly to the arson,
the government built its case on the testimony of the two informants, and
a number of pieces of circumstantial evidence. The defense argued that the
informants falsely accused Waters in order to avoid 35-year prison
sentences themselves, and that their testimony was demonstrably false.

Among the pieces of circumstantial evidence introduced by the government
was a folder with a note on the cover from Waters to one of the
informants, Jennifer Kolar, containing various radical pamphlets and
publications. Prosecutors highlighted the most sensationalist passages in
the articles, and sought to ascribe these views to Ms. Waters. Waters
testified that she did not write the materials, did not agree with them,
and did not pass them to Kolar. The defense argued that the informant must
have substituted other articles for the ones that Waters actually put in
the folder. While Waters' fingerprints were on the folder, they were not
on any of the articles. The government countered that Waters' boyfriend's
fingerprints were on the articles, and that he is a "fugitive" suspected
of one or more arsons. The defense pointed out that the boyfriend is not
on trial.

"The government's case was primarily based on character assassination and
guilt by association," said civil rights attorney Ben Rosenfeld, a member
of the Board of Directors of the Civil Liberties Defense Center. "Evidence
of other people's writings never should never have been allowed to be used
against her."

Briana Waters has maintained her innocence to all the charges. An appeal
is likely.

This trial is another chapter in the federal government's "Operation
Backfire," also dubbed the "Green Scare," in which the government has
hounded the environmental activist community, overcharged a number of
individuals with a federal firearms enhancement applying to bombs and
missiles, and branded them as terrorists, even though none of the events
resulted in a single injury.

Central to the jury's consideration of two of the charges against Ms.
Waters was the question whether she was responsible for helping to build
or transport explosive devices.  The jury deadlocked on these charges.
During the first stages of the investigation of the "Street of Dreams"
fires in a housing development in Snohomish County, WA, officials falsely
reported that explosive devices were found.  Later, BATF Spokesman Kelvin
Crenshaw made that no such devices were found.  "It is inconceivable that
officials could have made such a mistake.  It raises the question of
deliberate jury tampering by the government, and also calls into question
the reliability of the government's information in general," said
Rosenfeld.

Briana Waters has steadfastly maintained her innocence.
Copies of a press packet with current related articles and background
information are available from civilrightsoutreach@gmail.com. For more
information, go to www.cldc.org.   ###