1) Day One Notes – Jury Selection
2) Day Two – Notes from Prosecution Opening Statement
3) Day Two – Notes from Defense Opening Statement (incomplete)
4) Day Two – Notes from John Comery’s Testimony
These are all unofficial notes from court observers. Future reports will
be more succinct than the lengthy and incomplete notes for Day Two below.
Government informant Lacey Phillabaum has been scheduled to testify
tomorrow, February 14 at the Western District of Washington Court in
Tacoma. Her testimony may get pushed back until morning of the following
day, however.
Announcement below:
“We were just informed that the feds announced that Lacey Phillabaum will
be called to testify against Briana Waters tomorrow, February 14th, as the
last witness of the day. Things have been going fairly slowly in terms of
witness testimony, so there is a chance she may not testify until Friday
morning. Briana has asked for support in the courtroom if possible. If
you can come to federal court in Tacoma, Washington the next 2 days,
please plan to do so and spread the word. Housing may be available. You
will need picture id, no laptops, etc., and PLEASE dress appropriately for
court or don't come anywhere near the courthouse (this is a jury trial).”
For those thinking of attending court, please check “Dressing in support
of Briana Waters at Trial,” located at:
http://portland.indymedia.org/en/2008/02/372072.shtml
Briana Waters’ official support site is at supportbriana.org
Also, check cldc.org/waters for further updates and background information.
***
DAY ONE NOTES – JURY SELECTION
First day results from Briana Waters Trial
Jury selection began at 9:00 am and what was expected to last only a few
hours ended up taking most of the day. Unsurprisingly, most of Briana's
supporters were not allowed in the courtroom during the jury selection
until the overflow of jurors were eventually let go around 3:00pm and
there was more room. After a short break Briana's supporters filled the
audience area, along with various media outlets and trial sketch artists.
In the final hour several issues were resolved regarding the procedures of
the trial, and it was determined that the Defense Attorneys would be
provided the names of upcoming witnesses one day in advance. They will
also be provided with a summary of what their testimony will be.
Find out who will be testifying the next day at the www.CLDC.org web site!
Also keep checking Indymedia for important trial updates.
The schedule for tomorrow looks like:
9am-noon Opening Statements
12-1 lunch break
1pm-4Pm Taking the stand : FBI Agent J. Comrey, Glenn, Cooper, Phillips,
and Rice
***
DAY TWO – NOTES FROM PROSECUTION OPENING STATEMENT
Notes from Briana Waters Trial Day 2
U.S. District Court of Western Washington (Tacoma)
Judge Burgess presiding
(scribe’s note: All remarks are paraphrased, not verbatim as spoken.
Because of the sheer volume of information and the desire to make it
public as soon as possible, punctuation and grammar protocol may be
ignored outright.)
Some abbreviations will be used throughout this text. The scribe does not
guarantee correct spellings or transcriptions of names and other proper
nouns.
DEF: Defense
The defendant, Briana waters is represented by attorneys Neal Fox and
Robert Bloom
US: Prosecution
The plaintiff in this case is the United States government, represented by
federal prosecutors Andrew Friedman and Mark Barlett. Mr. Bartlett, in my
observation, did not present remarks, evidence or make motions, so US in
this text refers to words and actions of Mr. Friedman. Sitting with the
prosecuting attorneys was also FBI agent Ted Howla (sp?).
The proceedings began before the jury was brought in.
US: Yesterday we heard for the first time that Mr. Fox anticipates going
into the area that the FBI might have changed or tailored witness
testimony if the agents were concerned about the OPR Office of
Professional Responsibility or a civil lawsuit.
The defense needs to be aware that if this issue is raised, it is the
government’s strong position that this would open up the door to airing in
court what agents knew - especially Agent Howla – that overwhelmingly
leads to guilt, but may not be admissible. For instance, Chelsea Gerlach
says that she and the defendant cooperated on writing a communiqué, and
that Briana obtained a car for one of the Oregon actions. Howla would have
to bring this information to light in an open statement.
DEF: the issue will not be raised.
Judge: this is premature, as the defense has not raised the issue.
Judge is ready to bring in the jury and proceed but Bloom is absent due to
having to run out for papers he forgot. Both Fox and Friedman request
waiting until he returns to begin opening statements.
US: this is going to be a long trial, and if it goes to appeal, we don’t
want Bloom’s absence at opening statements to be an issue on appeal.
Request 10 minutes.
The judge wants to proceed. Fox mentions the 6th amendment in defense of
waiting or counsel to be present for the opposition’s opening statement.
Recess.
US: has an issue with an exhibit that Bloom intends or may intend to bring
up – a motion to prevent admission of notes taken by agents, reports by
agents in interviews. If Bloom intends to do that, US will object and ask
that he be instructed not to.
Judge: defense and client are to be present at 8:30 am to take up any
issues that need to be addressed before the jury comes in – if you are not
here the court will proceed without you!
Jury is brought in.
Judge: instructs the jury to hear all the evidence that evidence may be
circumstantial or direct and they are to give it the same weight. They are
to make decision based only on evidence and not the proceedings that are
not evidence, such as motions made by counsel and how the court rules.
PROSECUTION OPENING STATEMENT:
US: From 1997 to 2001 a group of extremists blazed a trail of destruction
through WA and OR, the Earth Liberation Front and Animal Liberation Front
claimed to protect environmental and animal rights. They selected
facilities they thought hurt the environment and animals and burned them.
They didn’t worry about danger to firefighters or people who may have been
inside, paid no attention to how their actions impacted people who worked
in the buildings or the community, or that the fires were themselves bad
for the environment.
1997 Fire at Cavel West – picture displayed on monitor for jurors and
judge – Months later a wild horse corral – picture, 1998 in Olympia WA the
USDA Nat’l Wildlife and Animal Damage Control bldgs (more pics), Childer’s
Meat Packing plant (pic), Boise Cascade (pic). In 2001 Superior lumber
(pic), then in spring 2001, the biggest yet, two arsons on the same night
in OR and WA, hundreds of miles apart but coordinated. This was to show
that the movement was strong, gaining ground – they called it the “double
whammy”.
There were two teams of five people each. The UW team was headed by
William Rodgers, the leader of the group, also called Avalon. The UW
group was Rodgers, Briana Waters (defendant), her boyfriend at the time
Justin Solondz, Jennifer Kolar, and Lacey Phillabaum.
They plotted for weeks and built complicated firebombs at a house the
defendant rented. She had her cousin rent a car to use in the action. They
drove it to Seattle, had dinner, drove to the Urban Horticulture bldg,
near a residential area, parked on a hill in the residential neighborhood
block away from the bldg. Waters stayed in the bushes with a radio while
the others broke into an office. A police officer came through the area
and Waters radioed the others, but the officer left without noticing
anything. The team set firebombs, Waters picked them up, and they left.
At 3:15 am a fire broke out at the bldg – a huge fire. You will hear from
two of the firefighters who responded that it was a three alarm fire, the
biggest that year with flames that reached 75 feet. It took hours to put
out the fire and the building was totally destroyed.
They were wrong in every way. The target, Toby Bradshaw, was attacked
because they believed he was genetically engineering poplar trees. You
will hear from him that he was cross-breeding trees as farmers have done
for thousands of years. The fire also destroyed offices and labs of all
the other researchers, such as Sarah ____, who was researching the risk of
foreign plants invading and how to protect native plants. Populations of
endangered native plants were destroyed as well as rare botany books. If
there was one building in Seattle that helped the environment it was
probably the Center for Urban Horticulture.
Friedman introduces himself, Bartlett and Howla
US: the prosecution will prove that the defendant was one of the five on
the UW arson team.
We will prove it through the testimony of Lacey Phillabaum and Jennifer
Kolar. They will tell you that they were one of the five and each will
tell you that the defendant was with them.
We will prove through other evidence documentary and physical evidence
documentary and physical that links her to people involved and to the
crime.
We will show you the rental record of the car her cousins rented; you will
hear testimony from her cousins that she told them something untrue, took
the car until after daylight the next day –
We will begin with background on the ELF and ALF, groups that claim they
are trying to protect the environment and animals. But they are not like
the Sierra Club or the Audubon Society; they don’t lobby or engage in the
political process or in demonstrations. They claim those actions are
ineffective, and that they must cause damage to those with whom they
disagree to be effective.
They are not traditional organizations, no membership roll – they organize
in cells of between five to two dozen people. Members of cells know each
other but not members of other cells – a classic organizational structure
for terrorist or guerilla organizations. They have no central hierarchy,
with one exception. Because their goal is to further an ideology, each
has a press officer - you will hear from a press officer Craig Rosebraugh
– when they commit actions they write a communiqué to prove it was the ELF
and explain why they did it – criticism of the target and a threat to do
it again if they don’t change their ways. The communiqué is delivered
anonymously to the press officer and posted on the web, spread around.
The fires in Washington and Oregon are all the crimes of one cell – a
prolific cell – headed by Avalon and with approximately twenty members
including the defendant.
You will hear a lot about Avalon, who was not formally the head but set
the direction – he wrote a variety of manuals and books on arson including
one called “Setting Fires with Electrical Timers” that was posted on the
ELF website so others could do what they did.
The way in which they did the arsons made it difficult to catch them –
they went to tremendous lengths to conceal their identities and to prevent
capture. Initially they conducted a search to select targets – for
example facilities isolated in rural areas – that made it possible to
prevent capture. They performed reconnaissance – scouted to plan the
action. They built complicated firebombs and you will hear about the
evolution of these devices, but they all followed a model that included a
mechanical or digital timer, which runs until the time set, completes a
circuit to a battery, current flows to a light bulb filament or a model
rocket igniter set next to matchbooks, which ignite the next step, a
sponge soaked in gasoline or a road flare, placed next to a gallon jug or
open buckets of gasoline/diesel mix. They used multiple devices, each
with as much as ten gallons, built in "clean rooms” designed to prevent
leaving physical evidence.
Then, wearing dark clothes, they often held a dry run a week before to the
night before the action, to go through what would happen. Each member of
the team had a specific goal, for example, a lookout with a radio and
police scanners - another role might be to help carry the devices, or to
set the devices.
On the night of the action, they would go to the site usually early in the
morning, 2-3 am. They would set firebombs and leave, the timer would go
off, then the fire started, and because they were so successful, they
typically destroyed the targets. The fire destroyed any forensic
evidence. It took law enforcement years to solve – for years they made
no progress.
In 2004, agents working on the case got a break. They developed enough
evidence to convince a member of the cell to cooperate and provide
information – then got other members to cooperate – it came apart like a
chain of dominos.
The arson at UW was a hard one to solve. They got their first break on
this one in 2005, when they learned Jennifer Kolar had participated in
Cavel West. They approached her and she cooperated – gave an interview
with her lawyer present. Investigators didn’t promise her anything – she
was threatened with a long sentence, up to 35 years mandatory minimum, but
she had committed other arsons so maybe longer – but they told her
situation would be better if she cooperated.
She said she had the least clear memory of the UW fire – she named
Rodgers, “Capitol Hill Girl,” “Capitol Hill Girl’s boyfriend,” and “Crazy
Dan” in the first sessions. She never mentioned the name Briana Waters.
Three weeks later her lawyer called and told agents that Kolar recalled
the name of the lookout – and named Briana Waters.
It was the first time investigators heard her name – she wasn’t even on
the radar screen. Investigators began to investigate her. Who was she?
Meanwhile, other interviews concluded Lacey Phillabaum was an arsonist
(not identified by Kolar). Agents contacted her family and told her
father they had evidence. Again no specific promise was made but she was
told it would be better for her if she cooperated. On Feb. 21 (year?) she
came in with her lawyer and confirmed that she participated with Rodgers,
Kolar, Briana Waters, and named Justin Solondz.
You will hear from Kolar, who will serve 5-7 years, and Phillabaum, who
will serve 3-5 years – they have each entered into plea bargains – and
they will tell about what happened. Also corroborating evidence will be
produced.
The defendant was from Pennsylvania. She came to Washington in 1997 to go
to The Evergreen State College where she became involved in enviro/animal
causes. In 1998 she coordinated the animal rights group at TESC, and they
even hosted Craig Rosebraugh.
She became close to Rodgers (Avalon) – how do we know? His cell phone
records. He used a third name, Todd Hager, to further distance himself
from his true name. He couldn’t get a cell phone under that name so he
turned to Briana, a poor student, but she got one in her name and paid
bills from her account and gave it to Rodgers. You will see evidence that
the number shows up in address books as Avalon. So she helped him conceal
his identity. The phone is important also because if you look at the
calls they show you regular calls to where she was living - his shows how
close they were, she was one of the people he called the most.
In 2000, Avalon wanted to scale things up – he organized “book club
meetings” in different locations, but with mostly the same participants.
They had meetings in Eugene, Arizona, California, Olympia, and Sisters,
OR. The meetings started out fairly general – what was a worthwhile thing
to focus on? They selected genetic engineering. Over time they went from
philosophical to tactical discussions. Then they had a demo on building
firebombs and practiced soldering. The meetings were a base from which to
recruit people.
Briana Waters didn’t attend the meetings. She didn’t have to because
Avalon recruited her directly – he already knew her.
They focused on genetically engineered poplar trees, therefore on three
professors/entities – Steve Strauss at OR State U, Jefferson Poplar Farm
in Oregon, and Toby Bradshaw at UW became targets.
In March, 2001, members attacked several plots of poplar trees – they
girdled the bark – grown by Strauss. In May they planned the attack on
Jefferson Poplar Farm and UW.
Kolar and Phillabaum approached them in early May, 2001 – came to Olympia
and had meetings. There were two sets of meetings, one for people
planning the UW arson, and one for people planning the Jefferson Poplar
arson.
The first meeting was in introduction, at a Denny’s – the first place
Phillabaum meets Briana Waters. Then they met in a field at TESC and had
a discussion about whether or not the actions would be under the ELF.
Phillabaum was surprised Waters didn’t back up her position on this.
They talked about how much fuel to use, how to get in the building – Kolar
was working with stained glass, she know how to cut glass and had
glass-cutting tools. Everyone was assigned roles.
Solondz made the firebombs. Waters came up with the rental car.
Phillabaum recalls Waters said she would have an aunt rent the car. She
didn’t know if it was a true biological aunt or just a woman she was close
to.
The following weekend, they went back to Olympia, to a building out back
of the house where Briana Waters lived. Justin Solondz took them to the
clean room and showed them firebombs. Phillabaum thought it was so
everyone was responsible, would have to own responsibility for them.
Sunday evening, they drove up to Green Lake Bar and Grill and met with
Kolar. Then to UW, to the neighborhood on the hill. They walked to the
end of the street. There is a bush with a view. Waters stayed there with
a radio, the others walked down in dark clothes but no hoods, trying to
look like students but in dark clothes. They carried backpacks and
Rubbermaid tubs. They came to the building after 2 AM. At one point an
officer went in to patrol, she radioed, but he left.
You will hear how Jen Kolar cut the glass but a pane crashed to the ground
– they hunkered down and waited – then Avalon went in the window and the
others handed in the firebombs. They set the time for after 3 AM, then
came out and radioed and Briana Waters picked them up. They drove back
towards Green Lake, dropped off Jen Kolar, then waited at Green Lake Park
– they were concerned about traffic cameras - for morning rush hour
traffic.
While they were waiting they listened on a scanner to police and fire
responding – Avalon was excited like a little boy about the fire, at the
destruction and the fear.
That you will hear from Jennifer Kolar and Lacey Phillabaum is significant.
Arson is an unusual crime – it destroys the scene of the crime and leaves
no forensic evidence.
But there is other evidence – agents continued the investigation – asked
Kolar and Phillabaum if they had anything left from those days. Kolar had
a blue tub with stuff in it, red lights, papers, walkie-talkies. She
found a manila folder with articles in it and a note that said “hey woman,
take a look – we’ll talk later [heart] B”. Kolar thought she got it from
Briana. It contained articles about the ELF and ALF and even the fires
that night.
Agent Howla took the folder and sent it to the FBI lab – they found Briana
Waters’ fingerprint.
Also, there is evidence Solondz after returning to TESC moved to a cabin
in Brinnon on the Olympic peninsula. He took papers and left them there.
Agents found there a bag of black hats and shower caps (that would be used
in a “clean room”) and a map of Seattle, 24 panels, and folded open to the
panel with the UW Center for Urban Horticulture.
Also a piece of information about the rental car. Agent Howla tried to
figure out who the “aunt” was – went to every rental car company and
checked the lists – found a record of Carol Larson who rented a car on
Saturday morning, May 19 from Budget. It was checked in at 6:33 Tuesday
morning , so probably dropped off after hours Monday night (the arson was
Monday morning), and had 200 miles on it, enough to drive to Seattle and
back.
Agents interviewed Carol Larson and her husband Robert Carina, who is
Briana Waters’ first cousin. Did they rent a car? They had not recalled
when first asked – but when he provided records they did recall. Carina
will testify Briana lived with him for number of months in 2000 and left
boxes in his basement. The week before the car rental, she called and
suggested he rent a car – she could use it to move the boxes out of the
basement. He had no drivers’ license to he went to his wife to do it.
On Sunday, Briana showed up – said she felt sick, had serious stomach
pain, and needed to go the emergency room. Justin didn’t have his car
(because as you will hear, Suzanne Savoie had it in Oregon for the other
action). Carina thought it was odd because she didn’t look sick and they
were in no great hurry to get to the ER. After they were gone he could
not call anyone to ask after her because he couldn’t find the handset from
his phone! Briana never came back until daylight the next day – said she
couldn’t get into Olympia ER and they had to drive to Seattle. Agents
checked Olympia ERs and there was no record she tried to get in, or that
she was turned away. And they usually don’t turn people away.
There was no record because she went to commit the arson. Also, when she
showed up, she reached in her sweatshirt and pulled out the handset and
said she took it by mistake! So he couldn’t call to see where she was or
was not.
Briana Waters is charged with 5 charges (this part was confusing, not sure
I got it write –scribe)
Two counts of aiding and abetting arson –two because its jurisdictional,
the building received federal funding and so it is a federal crime (?) One
count of making destructive devices
One count of aiding and abetting the possession of a destructive device
One count of aiding and abetting the use of a destructive device
Jennifer Kolar’s folder of articles included an article by Craig
Rosebraugh – it cited the success of the ELF/ALF and said they need to do
more…
(reads a passage) Targets are limited in nature and 34 million dollars in
damages- is this enough? People should pick the best target, the best
tactics – think big – Wall Street, the Stock Market, the Statue of
Liberty, and Disneyland (etc).
The evidence shows that Briana Waters did what Craig Rosebraugh advocated
and what Avalon wanted by escalating from rural isolated targets to a big
city – she was thinking big.
END OF PROSECUTION OPENING STATEMENT.
***
DAY TWO – NOTES FROM DEFENSE OPENING STATEMENT (INCOMPLETE)
DEFENSE OPENING STATEMENT
DEF Robert Bloom: First, I want to thank the jury for taking the time –
this is an experience you will cherish for the rest of your life, a
powerful experience, and one of the most important things a citizen can
do. Please reserve judgment until you’ve heard it all.
Not only has Briana Waters pleaded not guilty, she is not guilty.
(Defense introduces defense team and client)
She is completely innocent, not involved in this or any other arson. The
government’s proof is what is on trial. The government must prove beyond
a reasonable doubt, the burden of proof is on the government.
Every couple of weeks we read about some innocent person getting out of
jail who was falsely accused. This is the case here. She is falsely
accused.
It is the jury who is the final judge. Don’t leave at the door your
common sense, life experience. That’s why the jury is not machines.
Those last few words – Disneyland? The Statue of Liberty? Don’t be
influenced by those words, that’s not what this is about. Its about a
group of fools who thought it would be a good idea to burn buildings,
including Jennifer Kolar and Lacey Phillabaum, and Stan Meyerhoff. They
did all that he said, but not including Briana Waters.
She was not at meetings, she wasn’t part of it. He used the word “they”
at least 150 times, but this is about what, if anything, Briana Waters
did or didn’t do. There’s no dispute about what “they” did and that it was
wrong.
Jennifer Kolar and Lacey Phillabaum were facing at least 35 years if they
didn’t cooperate. You will see them, be able to judge what kind of people
they are.
Waters is innocent not on a technicality, but because she simply wasn’t
involved. You will hear about her and what she was and is doing with her
life. The burden of proof is on the government – that was not always the
case. In Salem, an accused witch had to prove she was not a witch. The
constitution made it always the prosecution with the burden of proof. The
prosecutor talked about what did these groups do, but the question is what
did she do or not do? She was involved in the TESC animal rights group,
and Earth First! She was a communications major working on a documentary
project about the Watch Mountain campaign – the film talks about the
events at Randle, a small community, where the timber company wanted to
clearcut above the town. We know that means floods, and the end of Randle.
People, from the ELF, Earth First, you know, hippies, treehuggers, people
who want to save the environment got together with the people in Randle.
They were different, but the people of Randle appreciated the support and
within weeks the people of Randle were up in the trees with them. Ms
Waters chose as her project to document these evenets – she wrote,
produced, directed, and scripted Watch. The jury will hopefully see the
film. This is how she spent her time from 1999 to April 2001, ending about
a month before Phillabaum, Kolar, and their associates burned the UW
building. She was working day and night to put together the film, and
then to distribute it. She was busy with her life. She is a musician, has
played violin since childhood. She plays in the occasional band, Irish
fiddle, bluegrass, Balkan music – that is her love. She was spending her
time with friends and family, boyfriend, (as she does today with her
husband and daughter), while “they” were planning and burning. During
this time she was involved with events and and production of Watch – also
working with the Longshore Workers’ Union to overcome class differences
and create bonds. She is working-class, and worked in solidarity with
unions. This was not warfare between loggers and treehuggers.
She is not an arsonist, she has pleaded NOT guilty, unlike literally every
other person involved in these events. Most of the accused were named in
the Dec 7 2005 Eugene indictment. Everyone else except a few who are
fugitives has pleaded guilty. She pleads NOT guilty and wants a trial or
the case dismissed as should have been done a year ago.
If you were to search my house today you would find books about
capitalism, about free enterprise, and about communism – does my
possession of these make me a communist? If I share reading material does
it mean I advocate the subject?
Don’t let them treat you like you don’t understand. Don’t let them scare
you (Disneyland!) Use your own judgment.
From 1996 to 2001, there were about seventeen arsons for which the ELF
took credit. They were dangerous to people surrounding and occupying the
buildings, to the firefighters who responded. They were wrong for every
reason, there is no dispute about that. We know Jennifer Kolar went to
meetings, planned, taught how to encrypt messages, was involved in
building incendiary devices – so did Lacey Phillabaum – that’s who they
are. They were involved in reconnaissance, selecting targets – also Stan
Meyerhoff, the fiance of Lacey Phillabaum – also in the Oregon cases he
became a cooperating witness within two hours and spouted many names
including naming his own fiancee with days (hours?) of his arrest.
The mandatory minimum of 35 years – that’s for one arson and he and Kolar
have multiple charges and face life. Phillabaum admitted to only one
arson, so faces 35 years, which is essentially her whole life. But they
made deals – Phillabaum now only faces 3-5 years and Kolar 5-7 so it is
very much in their interest to please the prosecution. So they will say
what the prosecution wants to hear – they have a high incentive to please
them.
Meyerhoff, in the OR cases, got the highest sentence because he was
involved in everything. Planner, theoretician, etc. Evidence will show
Meyerhoff was involved in the “double whammy”, planning, recon,
constructing every aspect. Meyerhoff was arrested in Virginia on Dec. 7,
2005, and started naming names, to his benefit. It was not to his benefit
(though not necessarily against it) if shown a picture and he said that
person was not involved. He was not reluctant to name names On March 17,
2006…
US: OBJECTION: Meyerhoff is not on the witness list.
DEF: we may have to get him on the witness list.
(Judge allows DEF to continue… not sure exactly what he said.)
On March 17, 2006, Stan Meyerhoff was questioned by FBI agents and shown
pictures, one was of Briana. (The picture is put up on the monitors for
the jury). Its obviously a picture of Briana, looks like her. He was
asked if she looked familiar. He said she looked familiar but was not
involved in any arson. The case should have ended then because they knew
from a person who did all he could to cooperate including name his own
fiancee that Briana was not involved. But the prosecution couldn’t give
up their centerpiece – the domestic terrorism case.
How did they get Briana’s name and picture? – That came up with Jen Kolar,
we will get to that later.
Meyerhoff said other things, described a blonde woman from Olympia, but
not in connection to UW, but a later fire at Susanville, a rural place in
California – a blonde woman from Olympia, but originally from California.
A person in connection with Joe Dibee (a fugitive) – a different person,
clearly.
At Susanville people (8 to 10) camped out for several days but Briana
wasn’t there, so no one knew her to implicate her in that action.
The Oregon conspiracy indictment lists 25 overt acts committed by members.
Briana Waters is named only in the UW action, not in Susanville.
About Avalon – the prosecutor told how they took pains not to leave a
trail. She gets the phone, pays the bill – she’s not trying to hide her
name. He said it was because he had credit problems – his relationship
with her related to her above ground public life as an environmental
activist. Why would she get a phone for him if she knew what it entailed
to her security, if she was worried about that. He wouldn’t ask her to
get the phone if she was connected to the crimes.
About the devices – the accusation regarding use of a destructive device –
one that Phillabaum and Kolar were facing – so we will have to talk about
it but its not our focus – the focus is she didn’t do it, she wasn’t
there.
The case was frustrating for law enforcement until Jake Ferguson became an
informant. He was promised a sentence of probation, no prison time. He
wore a wire – made a recording of who said what, the best evidence of what
was said. When the FBI spoke to Phillabaum and Kolar, they had the option
of using a tape recorder. The prosecution chose not to use it. If we had
a recording, you would hear what they said and not have to rely upon their
memories or the memories of agent Howla and prosecutors. But they didn’t
record it. Kolar first named herself, Avalon, Capitol Hill Girl, Capitol
Hill Girl’s Punk Boyfriend, and Crazy Dan.
NOT Briana Waters. As Stan Meyerhoff has said, she was NOT involved.
What is happening here is wrong, an outrage. She should not be here.
About who she is: In high school in PA she began to play violin. She
teaches violin, that’s how she makes a modest living. Also playing in
small bands, in small venues. Her husband John works as a carpenter. You
will learn from evidence what kind of people they are. She went to
college in a small school in Ohio – then came out here and fell in love
with TESC, transferred – got involved in environmental activities. This
is the kind of person she is, not an arsonist.
She got involved in the documentary project, that’s how she spent her
time. You may hear from a Randle resident about those events.
We will try to offer the documentary in evidence – it will be up to the
judge. It will show how she spent her time and what kind of person she
is.
Meanwhile, the ELF (they) did what they do, but what, if anything, did she
do? One thing is that people in the ELF move around, have aliases. Jen
Kolar was known as “Diver”, Phillabaum as “Reba”, and Meyerhoff as
“Countryboy”. Briana Waters was known as “Briana” – or “Bri” – she had no
code name, no alibi. She rented a house, and had a boyfriend.
When they got her name they investigated her phone records, her bank
records, her mother’s records, her grandparents’ records, her credit card,
her TESC records, Justin Solondz’s info, stuff from his house, stuff from
Avalon’s house. In all the stuff from Avalon’s house, there is one
mention of Briana Waters, in a list of enviro resources – her film.
Nothing incriminating was found, They got all her TESC records, reports
she wrote, what her professors said about her, all the banks where she had
a credit card, her spending records, shopping records, her father, her
brother, her own website. All they have is innuendo –
About the car-
After they got her name they spoke to Kolar and Phillabaum – Feb. 4 ’06.
Agent Howla went to Briana’s house in Berkeley and politely asked her to
get a lawyer and cooperate. She got a lawyer but had nothing to cooperate
on. When they asked her to cooperate something happened re. Conversations
between the prosecution and Briana Waters, we will get back to it.
Soon after retaining a lawyer she contacted her friends and family and
said I am accused but innocent- if the FBI comes around, don’t worry about
it, tell the TRUTH.
[There is a bit more stuff that follows, mostly about the car.]
***
DAY TWO – NOTES FROM JOHN COMERY’S TESTIMONY
Lunch Recess til 1:15
Friedman calls John Comery
Sworn
Credentials, senior special agent ATF investigates firearms and explosives
seasonal firefighter hotshot firefighter til 1987
In October 91 specialize in fire/arson investigation yearly
recertification-current
Certified internal arson fire investigator until current develops guides
and codes
ATF national response team western division explosive specialists
Q’s by Friedman A’s by John Comery
Q: Have you been involved in investigations of ALF/ELF fires from 1997 til
current
A: yes
Q: anything linking these investigations
A: yes, nature of targets, types of devices, and who claimed
responsibility Q: Explain methodology
A: multiple incendiary devices placed outside occurred in early morning
and near holidays
Q: where the number of devices a pattern
A: yes, 2-5 devices
Q: any other patterns
A: yes communiqué claim of responsibility
Q: did you examine devices
A: yes complexity of device unusual, large amount of accelerant and timing
component and power
Q: where they identical
A: no
Q: was there a pattern over time
A: devices evolved to more complex
Q: explain investigation
A: local jurisdiction calls response, at work scene, gather witness info,
suppress the fire, examine remains, what was in building, look for
charring patterns, retrace fire spread, look for mechanism at origin Q:
talk about burn patterns
A: fire starts at bottom spreads up wall reaching soffit
Q: what is next step
A: initial walk around, try to get aerial view, collect any obvious
evidence, examine debris
Q: what types of readily observable evidence are found
A: unburned fuel
Q: what is an accelerant K-9
A: dog trained to sniff ignitable fuel sources, is at nature or cause of
fire Q: what type of evidence do you look for?
A: items related to ignition of fire, timing mechanisms, gas containers,
batteries.
Q: do you collect general debris
A: yes, samples sent to lab
Q: what does this information reach opinion about
A: origin and cause of fire
Prosecution questioning about a number of fires.
Q: what time of day did you learn about cavel west fire
A: early morning
Q: what did you learn
A: spoke to police and fire martial that were called in by a witness at
local bakery, police were first to respond
Q: what time was fire noticed
A: 4 am
Q: who arrived first
A: Redmond police
Q: why did it take so long to contain fire
A: use of accelerant, big building, burn through the afternoon
Q: how much water did it use
A: enough to affect local city water supply
Q: did you prepare diagram of the scene
A: yes
Q: identify exhibit 211
A: yes diagram I drew
Q: generally describe the diagram
A: single story buildings, co-joined office/storage, 16 thousand square
feet burned
Q: did everything burn
A: yes mostly and damaged
Q: identify exhibit 212A
A: aerial photo of site
Q: describe scene
A: photo shows, route 97, cross railroad tracks, in center of photo is
fire damaged buildings, and residents in the area
Q: look at exhibit 212B, do you recognize
A: yes, close up of aerial photo
Q: did you find incendiary devices at location
A: yes
Q: how many
A: three
Q: what was the condition of the devices found
A: number 1 was intact, number 2 was partially burned, number 3 burnt
remains Q: identify exhibit 212C
A: shed that was burned
Q: what perspective was shown
A: open to the west side, burn building to the back
Q: identify exhibit 212D
A: inside shed, incendiary device and accelerant
Q: identify exhibit 212E
A: close up view of same area
Q: did you study this device
A: yes
Q: how does it work
A: 60 minute wind up timer, with red straw attached to handle of timer, Q:
why is straw attached to handle
A: when timer comes to zero straw pushes bare wires together
Q: what happens when you join these wires
A: completes a circuit through the battery to the light bulb to the
matches Q: what happens when current flows through light bulb
A: as current passes through the light bulb which has the glass bulb
removed it ignites the matches that spreads to other matches then to
sponge soaked in fuel spreading to main fuel supply
Q: identify exhibit 212g
A: five gallon plastic bucket found at site
Q: anything significant about this bucket
A: it was painted black, had the smell of gas
Q: identify exhibit 212H
A: interior of bucket
Q: anything inside
A: liquid small amount
Q: any smell
A: yes, petroleum/gas, took two samples, sent to lab
Q: any other liquid found in building
A: yes petroleum mixed with soap or detergent
Q: identify exhibit 212I
A: west side of wear house and south west of office
Q: where was device number 2
A: left center of photo and then right
Objection/leading witness
Jury asked to leave
Judge speaks to defense council, instructs to make objections when they
cound Jury returns
Q: identify exhibit 212L
A: photo taken of south west exterior of building, several items found
there: remains of fire case, remains of red plastic container, remains of
a green sponge, remains of a plastic container, remains of a battery,
remains of a timer.
Q: any similarities to other device
A: yes, same design
Q: identify exhibit 212M
A: aerial photo of main building
Q: identify exhibit 212N
A: close up where device number 3 was located
Q: what are red spots in photo
A: red flags placed in location of items found during examination of site
Q: what is black streak on building
A: unusual fire pattern
Q: what is unusual about it
A: damage wider at top, no evidence of pre existing debris found, device
found in area
Q: identify exhibit 212O
A: close up of red flagged areas, red flagged area where evidence was
found: nine volt battery, wire, remains of plastic bucket, five gallon
container
Q: any similarities found
A: yes
Q: did you interview Craig Rosebraugh
Objection/sustained
Q: did you speak with Rosebraugh
A: yes
Q: identify exhibit 213
A: document from Rosebraugh, communiqué from ALF claiming responsibility
for fire.
Q: read second sentence
A: 35 gallons of diesel gel brought by team…
Q: read the fifth line
A: next large holes drilled in walls to bypass alarms
Q: read following sentence
A: two teams poured gel into holes…
Q: was there any follow up investigation
A: yes, based on communiqué on hole drilling, revisited site
Q: back to exhibit 212L
A: photo shows hole in upper right side of building
Q: did you collect anything here
A: yes, gelled sample sent to lab
Q: how much damage at site
A: 1.2 million dollars
Q: identify area of origin
A: near device number 2, device ignited flammable substances
Q: did you investigate BLM horse corral
A: yes
Q: what is BLM
A: Bureau of Land Management
Q: when did you arrive at the scene
A: day after fire
Q: what did you learn
A: at 8 am. It was discovered the lock on gate was replaced, original lock
cut off, found on ground, smoke in the area
Q: tell about the scene
A: barn was destroyed, john deer tractor near barn, two devices near
tractor not ignited, fence was cut, horses escaped
Q: identify exhibit 221
A: diagram of pole barn
Q: describe the barn
A: 96 feet long, metal roof, in the left corner tack room, in the center
is an office and a bathroom, 325 square feet
Q: identify exhibit 221 page 2
A: close up photo of office area
Q: identify exhibit 222A
A: photo of the entrance gate
Q: identify exhibit 222B
A: photo of the tractor and to the left the remains of the pole parn Q:
identify exhibit 222E
A: photo of area under tractor where device was found
Q: identify exhibit 222F
A: close up of previous photo
Q: where the two devices found near tractor similar
A: yes, only difference was they used a super match
Q: identify exhibit 222G
A: the interior cab of the tractor
Q: why is this photo significant
A: shows ignitable substance spread/splattered around cab, ignition
component, timing mechanism with battery, wire, alligator clips, super
match, sponge and 1 gallon container of fuel
Q: how do these devices compare to others
A: there more sophisticated
Q: identify exhibit 222H
A: photo of timer and gallon jug
Q: why are the wires cut
A: upon discovery wires were cut for safety
Q: identify exhibit 222I
A: close up of timer
Q: explain what has been done
A: timer has nine volt battery connected to right snap, wire insulation
has been removed…toothpick taped to handle
Q: why did this device not go off
A: wires did not connect
Q: identify exhibit 222J
A: close up of sponge, matchbook, alligator clips from nine volt
battery/timer, bare wires, books of matches, yellow sponge
Q: identify exhibit 222K
A: close up of book of matches
Q: was it found in this condition
A: no, matches have been peeled back to expose rocket igniter,
Q: identify exhibit 222L
A: fire damaged barn
Q: identify exhibit 222M
A: destruction of pole barn
Q: can you seen the roof in the picture
A: yes
Q: identify exhibit 222Q
A: photo after metal roof was removed to expose side of office
Q: did you use accelerant k9
A: yes, dog named decan alerted officers to side of office and came to
area beside door
Q: how does this relate
A: found remains of devices in this area
Q: identify exhibit 222O
A: two items, remains of a nine volt batters and a metal spring from a 60
minute timer
Q: is this consistent with other evidence found
A: yes
Q: identify exhibit 222P
A: debris found in area marked D in diagram
Q: why is this significant
A: remains of nine volt battery and wires
Q: identify exhibit 222S
A: debris found near door of office
Q: explain significance
A: in upper left of photo is a metal spring and remains of paper matches
Q: where fluids tested
A: debris tested, no fluids were found
Q: did you receive communiqué from Rosebraugh
A: yes
Q: identify exhibit 223
A: copy of communiqué
Q: was this related to this arson
A: yes
Q: please read communiqué
A: in the spirit of crazy horse ALF/ELF join to…starting with horses teams
opened gates and barked like dogs to scatter horses…when the signal was
given incendiary devices were set…they escaped into the crisp night wind
Q: was this accurate to what you saw
A: yes
Q: how much damage
A: 193,000 dollars
Q: did you find cause of origin
A: yes, under pole barn, near office was the ignition of devices
Prosecutor says “I’m about to start another fire should we recess” Judge
“yes”
Court recess is 2:35 til 2:50 pm.
When environmental and animal rights advocates are sentenced to lengthy prison terms—many as “terrorists”—they depend on the support of friends, family and the larger activist community. They need money in their commissary account. They need books and magazines. They need visitors, phone calls, and perhaps above all else, according to many current and former prisoners I’ve interviewed, they need letters: sometimes mail call is the only thing to look forward to in prison. The support, or lack of support, of these activists also sends a message to the government and to other activists.
