1) AM Session, 2/20
2) PM Session, 2/20
***
A.M. SESSION, 2/20
Wednesday Morning Feb 20, 2008 Briana Waters Vs. USA Robert Corrina
(Briana's cousin) continues testimony & is being cross examined by the
defense. We revist the chronological events between 2006 - Feb 2007, when
he was providing the government with testimony Defense revisits jan 19,
2007 meeting where Friedman and Agent Halla visit Kara (his wife) at her
office. Corrina says he was angry hearing about that meeting, where Agent
Friedman was yelling at her. Defense begins to ask questions regarding
the rental car & the primary use of the car. Who was in the car when the
car arrived back at his house? When was the first memory of the rental?
The defense states that you used the car. You and Kara told the feds that
the principal use of the car was for YOUR Family. The prosecutors
objected, because of hearsay. You, Kara, and your lawyer spoke that Kara
spoke to Friedman. Witness responds, YES. You and Kara swapped notes
about the questions asked to you by the GOVT. He says YES. Kara informed
the government that the car was for the family. He say's he doesn’t know
what Kara told the government in her interview. Kara informed the witness
that she told the government that nobody else used the car. Another
Objection by USA based on hearsay. The judge says hearsay, and that if
the defense wants to call Kara as a witness, they should call her. The
defense begins asking the witness about his car usage, when where, how
long, where did you go? Exhibit shown that has Robert's credit card
transactions for May 19 & 20th, 2001. The defense makes the strong point
after these points that he used the rental car for his purposes Sat.
afternoon. Witness agrees. Defense suggests later on Sat. May 19 Briana
has severe abdominal pains. Witness says that was Sunday. The defense
says that in an interview with MR. Friedman (USA), you stated that Briana
had abdominal pains Sat afternoon. The point is that it was the same day
after your personal car use on Saturday that Ms. Waters had sharp
abdominal pains. And in order to keep yourself and Kara out of jail, you
have to say it was Sunday. The witness denies this, and he says he
wouldn't cooperate but he's telling the truth that it was Sunday. Defense
suggests that Briana didn't return with the car on Saturday night. The
witness says' that he was waiting for Briana to return the car on Monday.
He was worried that the rental may be returned late. The defense says
that that was a lie. You were working Monday. Witness stated he was at
home. Defense re-suggests that he is fixating on this point to keep him
and his wife out of jail... Defense starts asking about the witness's car
usage on Sunday. The witness has a hard time recalling details, like
where he went and what time of day it was. The defense went over some
credit card transactions for Sunday to track witness's activities. They
also view credit card transactions for the following day, Monday, May 21,
2001. Defense suggests that the witness was taken to work by his wife,
Kara on Monday. That he was at work on Monday. Objection by the feds,
argumentative. Defense asked witness whether he remembers his testimony
with Mr. Friedman yesterday. He asked you questions leading you to say
that Briana returned on Monday, when in fact you testified earlier that
she appeared late Sunday. The witness says it was the slip of the tongue
and insists that it was Monday. Do you remember that Friedman lead you to
say that it was Monday? The witness says YES, I remember. More questions
are asked about the car and the drop off of the rental. You said you
looked for damages. Did you say that to anyone before yesterday's
testimony? I remember mentioning it to Agent Halla and his lawyer
previous to yesterday's testimony. That’s why I made a note on the
calendar to call Budget to check if there was any damage or extra fees.
Meeting with Kara, his lawyer and Friedman in Seattle on Feb 1, 2007. You
told the FEDS that you couldn't recall why you had to call Budget the week
after the rental. The witness responds, Yes. The prosecutors objects to
him viewing the document. The defense suggests that he is seeing these
documents, and then these documents are triggering his memory, but then it
becomes the memory of the document, and not the facts. 2 different
things. Return to discussion about Monday evening. Did the car smell
like gasoline? Nope. Did you see any damages or touch up paint, or any
dents to the rental car? No. They discuss Briana's arrangement for
rental car usage and the claim by the government that this rental car was
used in the UW arson. Don’t you find it odd, that Briana didn't even show
up Friday when she was supposed to get the car? The witness states that
was "typical Briana." The defense says, “she doesn't show up the day she
was supposed to get this car.”
Defense and witness talk about how the witness trusted Briana with his
precious child, his treasure. At Feb 1, 2007, meeting with the feds, do
you remember telling them that it was because your bikes were in the shop,
that you rented the car? "That's an over simplification." You said,
after reviewing your calendar, it suggested that your bikes were being
repaired, you work 9 miles away, and wouldn't a rental car be convenient?
The witness states that he was reasoning why the rental would be helpful.
The transcript is accurate but out of context. Defense states that the
witness used the car for his use Sat., Sun, and Monday, and that he wanted
Briana to move her possessions out of this basement. The witness states
that he was doing Briana a favor, and he was also finding his own reasons
for using the rental car. On Feb 1, 2002, Briana moved to California.
Defense recalls a telephone
conversation between Robert and Briana, taking about the move and that she
was looking for something she left at his place. The witness finds it odd
when she shows up the next day, as he thought she was in
California. Jan 21, 2002, Briana lived with you, & got sick & went to
the St. Peter's Emergency Room. Do you recall her stomach pains? "No
memory; she was sick a lot." The defense says Jan 2002 or May 2001? Think
back, are you remembering this wrong? Are you confusing these two events?
The witness refers to the gov’t transcript that Briana used the car on
Sat and not Sunday. The witness states that that transcript was correct.
The defense questions Corrina about the $200 cash deposit from Briana.
The defense asks do you remember Feb. 1st, with Agent Halla you said that
Briana gave you $100 for car rental, phone usage, and storage fees for her
stuff in the basement. But you didn't tell them anything about the $200
from Briana 3 days after the car rental. You didn't tell them any of this
Feb 2007? Your memory gets better as time goes on. Robert says his memory
was triggered by a handwritten document. The defense sarcastically says,
7years ago May 2001? That’s what you
remember? The defense revisits that Corrina is afraid being accused of
purgery, lying, federal offenses, and that is what is driving your
testimony. Defense states again that he is being cohearsed by Agent Halla
that the car was used in the UW arson. Corrina decided to get a lawyer
with his wife, when he knew that this case was not going away. In Feb 1,
2007, in the interview with the feds, Robert told them that Briana had
called to tell him that he'd be questioned by authorities, that she was in
trouble, and that everyone that she knew would be questioned. She also
told you other things; she didn't say to lie. He agrees to all of this.
In the Feb. 1, 2007, meeting with Special Agent Halla and the FBI, you
mentioned a meeting that Briana had in your house, in which she asked you
and your family to leave. Did you tell anyone that before yesterday?
Robert replies, "I'm saying it now; it’s the truth. The defense
suggests that the meeting was about protecting old-growth forests. They
question Robert about whether or not Briana asked him to leave his home.
The defense asks who was there, whether the folks at the meeting were
threatening, did they hide themselves, did they run outside? Robert says
No. He also says that he doesn't know what the meeting was about. This
case is about arson. Robert says, YES. You knew Briana, you trusted her,
she stayed at your home. Robert responds Yes. You knew that Briana did
the Watch Mtn. documentary. Witness says YES. You saw it, you liked it,
Robert responds Yes. That’s Briana Waters, isn't it? Robert says that’s
True. Feb 1, 2007 in your meeting with Agent Halla, your wife believed
that the rental car was predominately for your family. Did you tell them
that on that day? Witness says YES. Defense closed.
(Bob destroyed the credibility of this witness on cross examination. It
seemed obvious the guy was lying to save himself and wife from the threat
of federal criminal charges based on his earliest lies to the FBI. THIS
IS WHY YOU SHOULD ALWAYS ASSERT YOUR RIGHT TO REMAIN SILENT UNTIL YOU HAVE
AN ATTYS ADVICE AND ASSISTANCE. This man feels forced to lie to a jury
that holds the rest of his cousin Briana's life in its hands because he
told the FBI he didn't know who Briana was, instead of simply saying "I
don't wish to speak with you without an attorney present. Please leave me
your card and I will have my atty contact you if needed." ) Prosecuting
attorney had a few more questions. Why do you believe your wife said that?
Robert states he felt he had to spin the truth to his wife, that she had
tension with Briana and that if she believed it was a rental for them it
would be easier.
The defense chimes in. So you lied? You tricked your wife? Robert states,
no, that he just convinced her. You said your wife believed the rental was
for you. Robert gets flustered, he says, i dont know, maybe left out
details, , I dont remember. The defense ends with. The good thing about
telling the truth is that you don.t have to remember anything. robert
says, "i think i see what your saying." The witness steps down. The
prosecution then calls 2 nurses. (seperately but I will consolidate since
he asked and received very similar answers) Jackie Brown of St. Peters
hospital, emergency room. and Donna Kravis of Capitol Medical. Both women
work in the Emergency room and are questioned about the policies regarding
logging documentation of new patients and if people are turned away due to
lack of funds. Both nurses state that a patient is triaged to access their
need, never turned away because of lack of money, and that if anyone had
visited the emergency room desk, and started the registration process,
even if they didn’t stay, they still got their name logged. Jackie Brown
stated that the evening of May 19/20 were not busy but not slow either.
Both also stated that there was no record of Brianna waters visiting May
19/20 2001. Jackie Brown did say that there was a record of Briana being
there Jan 2002, but didn’t have the exact date. The witnesses were cross
examined by the defense who said IF there was a fabricated story that
someone was in the emergency room, that person would not show up on your
log, correct? Both agreed. The witness also asked Donna if the emergency
desk was visible from the waiting room. She said yes. He asked if it was
really busy, if someone who didn’t want to wait, might walk out without
being logged or noticed. She agreed. Defense ends.
Witnesses leave the stand.
***
P.M. SESSION, 2/20
Wednesday 20th Feb. 2008. Without jury present, before trial, defense and
prosecutors squabble over who's testifying today. The defense asked the
witness list be given to them a day ahead of time. The judge said,
should've been happening already. The jury enters. The Prosecution
calls Witness David Edwin Peterson Born 1973 moved to Washington moved to
Oly. Lived there from '78 to the present. Real-estate broker. Owner of
1510 5th Ave in Oly. Recognized a photo of William Rogers as renter, knew
him as Todd Hager. Paid rent in cashier’s checks as shown in document.
Avalon as a name was not recognized by witness. Witness did not know him
to grow marijuana on site. Did not know of visitors. Witness owned a
number of properties, some were students. Didn’t want lots of people
renting or parties. He said William Rogers was a good renter, had his rent
on time No cross-examination. Excused. Jen Kolar enters and takes oath.
Prosecution addresses witness. Born and raised in Spokane WA. Attended
Shadle Pk high, graduated 1991. Went to U of Boulder, Applied Math and
Engineering degree. This is where she first met other activists and became
involved in above ground activism. Dad lives in Spokane, mom in Eugene.
Didn't know Lacey Phillabaum, who also went to school at Shadle Park High
(coincidence?). Met her later. Graduated college 1995, applied
mathematics. Got another degree '97 astro-physics. Said she moved to
Colorado worked for COPIRG summer canvasing, where she met activists.
After college she was hired as general manager for computers, computer
consultant, software engineering and eventually moved to Seattle 1999.
Started to date Joe Dibee. Worked for Internet search engine acquisition
software. Prosecution asked about plea agreement, and if she had one with
them to which she said "yes." 2 plea agreements. first of which had 4
charges from WA. She signed agreements on July 31, 2007. The subject of
the agreements was that she tell the truth, and provide testimony in
exchange for a reduced sentence of 5-7 years compared to the previous
sentence she faced of 35years to life. First charge=conspiracy Second
charge= attempt to commit arson in CO at the Ray Gun Club 3rd charge= help
commit UW arson at center for Urban Horticulture, Seattle. 4th= use of
destructive device for UW center. She admitted to a second plea agreement
with the state of WA for the Cavel West arson, July 97. The prosecutors
asked, who will decide your fate? She said "Judge Burgess" whom she sat
before today. Is this any easy decision? "No, these were my friends,
Brianna is my friend, we made a committment to each other to not talk
about the action." May 6, 2004, officer Quimby, special agent, FBI came to
her door to talk about events in Colorado. She did not want to talk, and
when asked, said she wasn’t hiding anything and they left. She then
contacted Kenny Clark to get agents info to her boyfriend Joe Dibee and
summarized this meeting for him. Witness knew Joe Dibee told Kenny about
the FBI visit, and Joe said "we'll spend alot of time in jail, and that he
was scared.”
Prosecution mentions Dec. 10, 2006 (but really they meant 05) Quimby
called Jen’s cell, and pleads her to listen and not hang up. Says that
they know kolar has a great deal of involvement and they want to talk to
her. Prosecutor asked, how did you find out about the 6 arrests of Dec
7, 2005? Witness said, kenny called her and told her to look at the news.
She then was asked and positively Identified Brianna in the courtroom. She
was asked if there was bad blood between them. She said no. She said she
liked Brianna, and really cared about her. Her first activism was in CO
with the environmental center, the Peace center, and Rocky Mt Animal
Defense. Witness describes Rocky Mt animal defense actions were accepted
above-ground activism. She attended meeting in MN in 96, a radical animal
rights conference. Met Jonathan Paul (JP). Discussions at conference
included fur release, Arson as tactic, schematics on devices they also
gave out the addresses of all the fur farms in the US. Prosecutor.
exhibits photo of Jonathan Paul, whom she identified as a leader,
weathly, influencial, handsome, and she soon started dating him. She had a
7-month-long long distance relationship with him. Upon return from MN, JP
asked her to spend time in 97 for 2-4 weeks at his home in Williams, OR.
She flew to Seattle, then to Williams, OR. Prosecutor asked anything
interesting about 97? She replyed that she was sick with e.coli blood
infection and hospitalized. while in williams, He (JP) asked her if she
wanted to join ELF and ALF. She said yes. July 97 they wanted to stop the
slaughter at the facility of Cavel West of wild horses, and she and JP
mixed glycerine soap, with gas and diesel. It took them a few days. They
met up with kevin tubbs (photo recognized), jo dibee and jake (photo of
jake ferguson, jake recognized) They reacted strongly that JP brought a
new unrecognized person, but they agreed to continue the action anyways.
On the night of the action Kevin drove a van and drove to Redmond, OR,
after they parked in the desert they walked down railroad tracks at approx
11 at night. There was a small shed on the side, they made sure no one was
in there. joe drilled the walls, set the devices. poured fuel into the
holes and buturic acid into the ventilation. They finshed and returned to
williams. her travel expenses were covered by JP. There was a communique
put out for ELF, to give attention to the action and make sure it wasn’t
seen as a random act. She didn’t help write it. Prosecution noted the
communique contained information that would only be known by someone
involved in the action. She remained in school till 98. there was an
action 98, attempted arson at Ray Gun Club. action was to stop contest
killing by "local varment militia." Greg Litus also did the action.
Decided to use the same technique as Cavel West for arson, but the
building did not burn down. 1999 developed personal relations with Joe
Dibee in Seattle. The Makah whale hunting issue was an issue both he and
josh harper, Jake Conroy and JP were involved in. summer 99 moved to
Fremont got a job doing software. Prosectors ask a question about Neah
Bay protest. Joe and JP filed suits against each other over the ownership
of the Sea Defense Alliance and its boats. Eventually Joe and her broke
up.
She met Bill Rodgers (Avalon) in 2000 and trained on how to do arsons. She
described him as gentle. Incubator meetings began in 2000 in Oly.
Incubator meetings teach about committing arson. Jan. 2001 santa cruz.
Copy of calendar shows 3 meetings. 1st meeting Santa cruz jan 5-7 held at
hotel, 12 to 15 people. She said her job there was to teach PGP
encryption, Internet security. She explained how nicknames worked and who
had which ones from the list she had. Diver was her. Peaches was Al
Decker. Ishi was Susan Savoie, Sabina was Joyanna Zacker, Jamie was Daniel
McGowan, Leroy (don’t know who that was) Reba was Lacey, Micheal was Rod
Coronado, Puck was Jeff Hogg, Zon(?) was Nathan Block. She helped make
discs for PGP. Handed out disks and directions for them. Oly meeting 5-7
jan., 2001. Rogers borrowed a house. Meeting topic: did Bill Rodgers
molest young women? Asked how folks got to the meeting. Discussion about
Jen’s non activist boyfriend. Approached about genetic engineering by Al
Decker and about doing the UW arson. Al Decker talked to her about
research projects and Tobi Bradshaw and his work. She was approached by
Bill Rogers or someone about participating to cut glass at the UW arson.
Note: she had stain glass cutting experience. May 12th sat. 2001 on Oly
campus, Evergreen, in a sound proof music room. with Briana, Bill,
Chelsea, Stan, Nathan and Joyanna. Preparations for the UW and Oregon
actions. She met Briana thru Bill and saw her only a few times socially.
She tries not to talk about the arsons. Said her life changed soon after
the UW action. She said she didn’t see a positive effect and walked away
from "all this." No recollection of meeting prior to arson. May 20, 2001,
drove to Greenlake Bar and Grill in her car. Met people from Oly. 5 people
total: Jen, 2 females, 2 males, and bill (we know this doesn’t add up, but
she said this) She said one female was Briana. They drove together from
the bar in a rental and parked. Crossed field to the UW center, Briana
stayed as lookout, Jen proceeded to cut the glass. Some broke in a loud
manner. Briana radios about security car. They sat quiet and then
proceeded. They removed a small aquarium and papers from the office. they
placed fuel bags and left.
(court recess)
may 21 2001. Jen kolar id's backpack she used that night. recap'd setting
of devices. described driving back home and heard nothing on her police
scanner. Saw headlines the next day. exhibits shown pictures of the bar,
end of street at UW, close up/ place where brianna was lookout, the bush.
A 2nd action was done the same night for more impact, a sister action at
jefferson poplar. she didn’t draft the communique but she saw it. Oct
2001. Joe dibee approaches Jen about wild horses to be slaughtered. Said
he owed a funder an animal rights action. Oct 11, 2001, drove to nevada/CA
border to meet with group. Stan brought incendiary devices. She was
surprised it was an arson and not just a release. Suprised stan brought
the devices. They camped. Joe maced self in the eye. They got fuel in
Reno.Delayed the action a day due to Joe’s eye.
They had handsaws and Stan and her moved animals to the edge of corral,
away from where they'd set fire. They set 4 devices under a truck and by
buildings. The horses wouldn’t leave. They tried to force them, and then
they left the gate open for horses to leave. Joe and her returned to
seattle after. she wrote communique and sent oct 17, 2001 with Joe and
sent from a cafe in seattle. Sent to ELF press office. Moved in with non
activist boyfriend (still dating). lost touch with activists , saw briana
a few times. Dec. 2005, Quimby, FBI approaches her again, she decided to
hire lawyer, Mr. Martin a few days later. she met with gov’t agent Halla,
was "likely to get a reduced sentence in order to put this thing behind
her" Dec 16, 2005, with Feds, discussed book club meetings and Cavel
West and spent only a few minutes on the UW arson, Jen said the UW arson
was the foggiest in her memory. Asked if she remembered UW. She said bill,
herself, 2 females, capitol hill girl, crazy dan and a punk boyfriend. She
didnt remember briana’s involvement at this time. prior to next meeting,
her memory jars, she looked thru phone book and saw briana’s number, told
lawyer that she was involved. When asked if she knew lacey phillabaum
plead guilty to the UW action, she said she didn’t remember Lacey being
involved and then she provided briana’s name to the feds. Identified
papers from a crate she had and a folder given to her from briana. She
also had a daypack, laptop, zip discs from the horticulture center arson.
Folder contained anarchist newsletters. Jen said she never read the
information in the folder given to her by briana until this trial. Defense
attorney Fox objects and asks her questions..... He asked if she knew
who’s handwriting was in the file from briana. He also asked how could
she know for sure that the information was in fact the same info, after so
much time and so many moves. she said she knew it was always in the same
crate.
Exhibit shown to Jen, bill rodgers book on arson. asked where she got it.
she said she gave it to the feds. Bill had asked her to edit the book but
she never got to it. diagrams shown. Fox jumps in again. questions, had
you looked at the file briana gave you? no, not till the gov said to.
objects to evidence. Court overrules, it is submitted anyways.
prosecution has her read excerpts from willful disobedience, describing
activist philosophy including reference to UW horticulture and Jefferson
Poplar fires. She reads about the will of being and anarchist and
destroying industrial society thru well aimed revolt. The joy of vandalism
and sabotage, the release. Read excerpts from Craig Rosebraugh’s direct
action and economic sabatogue. Reads excerpt from what is ELF? Reads about
action protocol. Meeting with fed, discuss book club, Cavel West fire. Feb
4, 2006, drove with agents, to Oly to id where people lived. Id'd Bill
rodgers’ house and tried to find junk yard where folks (Joy and Nathan)
lived and were thwarted by new development. March 6, 2006. Meeting with
feds. They asked about briana and lacey. Did she know personality types of
briana and lacey? would they cooperate? she said briana was mild mannered
and believed she's cooperate. she had no doubt in her mind that briana was
involved in the UW fire.
prosecution is finished.
CROSS EXAMINATION BY NEIL FOX
Established she now lived near the UW. Neighbors could be affiliated with
UW. Established she used the facilities at UW. Talk about her work history
and her college career. Asks if she understands value of work, the large
impact when research is lost. she says yes. he mentions she lives a
double life. lives a lie, and that she doesn’t flaunt her
radicalism. she agrees. yes, yes, yes. establishes that not much is
different in her life since 2001, same job, same boyfriend. only now she's
not an activist. she holds several patents. her current job is
interesting, includes travel. she owns a house and a did own a sailboat (
the manta ray ) that she sold her half to her boyfriend Jonathan
Reichhold to pay her attorney costs. Neil has her admit though, that she
still has full access to the yacht. Nov 2006 ran for a 2-year term as
board member at the yacht club despite her guilty plea agreement a month
earlier in which she was facing 5-7 years in prison. She races yachts for
fun. she is a member of a yacht club (the corinthian). after pleading
guilty in Oct. 2006, don’t you find it strange that you would run for a
position as board member that would run for 2 years? she said no. Defense
asks if went to chicago, and then to hawaii with jonathan
riechold, her current boyfriend. she didn’t remember chicago but said yes
to hawaii. The day after the UW arson (the evening of the arson really
since it was after midnight), did you go to a sailing race? yes. casual
race 4-8pm. she didn’t mention the arson to anyone, including her
boyfirned, returns to normal life. At the susanville fire, when dibee
maced himself and their action was delayed. She contacted her friend Kenny
clark, or kenny cryst, the defense also listed him as going by Richard
Mcdermitt, (deisel mechanic from Makah campaign) to call into work for her
(make some excuse why she wouldn’t be at her work; and to reschedule a
massage she had. May 2004 Quimby comes by at current house in Seattle.
Wanted to talk about CO. She believed it was to talk about some actions or
activities in CO but denied she thought quimby had specifics. The Vail
arson was 2 weeks before Ray Gun Club attempted arson. Greg Litus and Jen
made devices for the Ray gun club action, and it was on the same property
as Nicole Rose Marino lived. Lived at same house as they were building the
devices, Marino was an above ground activist. Nicole never knew about the
activity on site—jeopardized her above ground work. court recesses for
the evening. witness will take the stand at 9:00 am thursday.
NOTES: Defense counsel established Kolar as a cold, rich woman who didn’t
have any remorse for the numerous crimes she committed. She appeared to
be very bright, heavily involved in major parts of planning, research etc.
Question: why would a woman like Kolar, who was in charge of teaching
computer security culture to the group and was heavily involved in lots of
illegal activities, then keep all the PGP disks, info, data, passwords,
old laptops, her old PDA info and other highly suspicious items for YEARS
in her personal belongings???? Could it have been an intentional
insurance policy for her in case she/they ever got busted??? Seems really
strange for a smart woman to be so stupid as to save all this stuff,
including scanners and gloves, and then willingly and voluntarily turn it
all over to the feds once she was caught???
PDF
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.
