[Ppnews] Case Updates for Auburn Arrestees

Sun Jan 29 12:28:30 EST 2006

January 28   Alert    Part 1 (Case Updates)
Legal Info and Court Reportbacks
Sacramento Prisoner Support
sacprisonersupport[at]riseup[dot]net

1) DETENTION HEARINGS
2) INDICTMENT
3) ARRAIGNMENT
4) BAIL GRANTED/DENIED
5) CS IDENTIFIED

1) DETENTION HEARINGS-
FRIDAY, January 20th - Lauren Weiner's detention hearing: FBI agent Nasson
Walker and an 'expert witness' named Bruce Naliboff testified to the
dangerousness and instability of the three. After much cross examination
on the part of Lauren's attorney Jeffrey Weiner, it was discovered that:
- The FBI paid the CS approximately $75,000 over 2 years for her
involvement in "twelve anarchist cases", in addition to all of her
expenses.
- The FBI also paid for materials to make the alleged explosives.
- The FBI paid for the cabin (which they installed video and audio
surveillance in) near Auburn where the trio stayed at the request of the
CS.
- The FBI paid for the laptop computer that they later seized during the
raid of the house.
- Additionally, the CS 'stomped out of the house' the day before the
arrest because 'nothing was happening' and she was becoming impatient.
- The CS apparently also authored part of the 'burn book' which was
confiscated during the arrests.
      Magistrate Judge Hollows decided to wait until the end of the next
week to make a decision; he wanted to wait until he could hear
arguments from the lawyers of Lauren's codefendants.  The 'expert
witness' attempted to link "prisoner support" with the Earth
Liberation Front, alleging that the ELF would provide material
support for her to flee if she were released on bail. US Attorney
Ellen Endrizzi stated that the prisoners had been visited by 'the
movement's prisoner support'. Although Naliboff claimed there is a
history of accused members of the ALF/ELF going on the run, he was
unable to cite an instance where a person accused of taking part in
an ALF/ELF action has ever jumped bail.

         Such attempts to malign prisoner support and link it with criminal
activity have increasingly become a feature of these sorts of
proceedings; the government’s strategy is to prevent prisoners from
getting bail and cause prisoners and their families to fear contact with
prisoner support groups. We at Sacramento Prisoner Support feel that the
government takes these steps because they know prisoner support can be
successful in defending the rights of prisoners and their families and
keeping them from becoming isolated. Our work is legal and transparent,
and we will not be deterred by the government’s slander. We will continue
to provide support for prisoners who request it.

TUESDAY, January 24 - Zachary and Eric's detention hearing: Zachary's
attorney Lexi Negin and Eric's attorney Mark Reichel argued that their
clients have no criminal history and that the majority of the evidence put
forth so far was unreliable because it was essentially hearsay. They also
brought to light the fact that case agent Walker [ having been an FBI
agent for under two years and a financial analyst previously ] was unaware
of vital information pertaining to the case, such as why the trio was
arrested on January 13th. The lawyers were also able to demonstrate that
the CS is an unreliable source with no FBI training.
      Myspace and LiveJournal were both cited extensively.  Obviously
fictional entries on Zachary's Myspace page were entered as evidence
and his profile was cited to prove that he was dangerous, having
listed one of his occupations as “assassin”. US Attorney Ellen
Endrizzi also cited one of his hobbies as 'ninja training' in an
attempt to further her case against him. Case agent Nasson Walker
testified under oath that he himself is familiar with Myspace and he
has actually created his own account. The US Attorney at one point
tried to enter one of Zachary's blog entries on a dream as evidence.
Judge Hollows would not allow the government to support their case
for detention with the defendant's dreams.
      Both lawyers stressed the strong family ties and support of their
loved ones, and that the families were willing to “replicate jail” in
their own homes. Zachary Jenson's family has no property to put up
and can afford very little in terms of bail. It was requested that a
$10,000 bond be accepted (which is devastatingly large for the Jenson
family) to secure his release.
         The problems with the treatment of the prisoners in jail also came up
several times throughout the hearing, but Magistrate Judge Hollows
refused to take any action on these matters. He was particularly hostile
to Mark Reichel’s plea for vegan food for his client Eric McDavid. Judge
Hollows stated that the Sacramento County Jail was “not a culinary
institute”, that inmates must eat what they are given and cannot demand
their dietary needs be met. Hollows also compared veganism to the South
Beach Diet, ignoring the moral and ethical tenets often held by vegans.
Mark Reichel countered that there are precedents from case law that
ensure that prisoners receive meals they can eat.  Judge Hollows refused
to assist in pressuring the jail to accommodate their diets. Again, Judge
Hollows chose to issue a ruling in writing by the end of the week.

2) INDICTMENT January 25 
The grand jury rubber stamped the charges [ violation of USC18-844N ].
Contrary to the government’s media campaign against the defendants, the
indictment makes no mention the ELF and does not seek a terrorist
enhancement.  It remains to be seen if the US Attorney will seek the
enhancement.

3) ARRAIGNMENT January 26 
During this brief hearing, all three pled not guilty to the charge of
conspiracy to damage property by means of fire/explosives. A status
hearing has been set for February 14 at 8:30am in front of Judge England.

4) BAIL GRANTED/DENIED January 26 
Lauren Weiner was granted bail! Her family has put up 1.2 million in
property to ensure that she meets the conditions of her bail. She is
confined to 2 counties in New York where she lives and works, her lawyer's
office in Florida, and the federal court in Sacramento. Her codefendants,
Zachary Jenson and Eric McDavid, were not so lucky and were denied bail.
Mark Reichel has vowed to appeal the decision and is determined to get
Eric out as soon as possible. In the mean time he is working diligently to
get his client fair treatment inside the jail including showers, meals he
can eat, and opportunities to exercise. Please politely but firmly
continue to request the same of the jail.

5) CS IDENTIFIED 
The "CS" or confidential source has been identified by (ex)friends and
acquaintances. Her whereabouts and actions are described extensively
throughout legal documents relating to this case.  The article and photos
can be viewed at:
http://portland.indymedia.org/en/2006/01/332735.shtml
If anyone has ever met the CS please get in contact with us ASAP.
Information on the CS can have a HUGE impact on the case. She apparently
went by several names including (but not necessarily limited to) "ANNA",
"ANNA ADDISON", and her legal  name is believed to be ANNA DAVIES.
         She attended the Bio-Democracy Protests in Philadelphia in 2005, the
CrimethInc. convergences in Des Moines and Bloomington, Pointless Fest
2005 in Philadelphia, the OAS protests in Florida, the G8 Protest in
Georgia, and Feral Visions 2005 in North Carolina. She attempted to join
the Pittsburgh Organizing Group, and attended at least one meeting prior
to the Democratic National Convention in Boston. She was also in the
Sacramento and the San Francisco Bay area in late 2005.
         The 12 cases she has been involved in are stated to include "single
events such as protests/gatherings" and pending investigations. If you
have met with or have information on "Anna" please contact us immediately
so we can put you in touch with the defendants’ attorneys.

January 28   Alert    Part 2 (Support Info)
Support the Auburn Arrestees!
Sacramento Prisoner Support
sacprisonersupport[at]riseup[dot]net

Contents
1) Lauren Weiner
2) Request Vegan Meals for the Prisoners
3) Request Better Treatment for the Prisoners
4) Write a Letter
5) Send a Book
6) Hold a fundraiser for Zachary Jenson
7) Jail Correspondence Rules
8) Prisoner’s Addresses
For information on the legal proceedings, please see January 28 Alert Part
1 (Case Updates)

1) LAUREN WEINER - Lauren was granted bail on January 26, (see case
updates alert). THIS DOES NOT MEAN SHE IS OUT OF JAIL YET.  She is
awaiting the completion of paperwork and another court appearance. As of
right now it is also not clear if the US Attorney will appeal the
decision.  It is also unclear when she will be released, and what the
conditions of her release will be.  Due to these circumstances, we have no
way of knowing if letters or books sent now will reach her.  In addition,
we have not been in contact with her except for our initial visit with her
shortly after her arrest, and at this time it is unclear what kind of
support she wants, if any.

2) REQUEST VEGAN/VEGETARIAN MEALS FOR THE PRISONERS - Both Zachary Jenson
and Eric McDavid have not been receiving meals they can eat. Eric is vegan
and Zachary is vegetarian. Please contact the jail, its commander, and the
sheriff and politely but firmly request they be given meals they can eat.
Be sure to include their x-reference numbers so there is no confusion.

Sacramento County Main Jail
651 I Street
Sacramento, CA 95814
916.874.6752
916.874.8984 fax

Sheriff Lou Blanas
916.874.7146
916.874.5332 fax
sheriff at sacsheriff.com

Jail Commander Mark Iwasa
iwasam at sacsheriff.com

3) REQUEST THAT THEIR TREATMENT IMPROVES - Zachary and Eric are in total
separation. They are currently allowed only one shower per week, one hour
of exercise per week, and one visit to the commissary per week. Please
contact the abovementioned people to politely but firmly request Zachary
and Eric’s treatment improves

4) WRITE A LETTER - As you can imagine, there is very little contact with
the outside world for prisoners. Please send letters of support.  They
would love to hear from everyone.  When writing to the prisoners, please
do not discuss their cases at all. Use their proper names and refrain from
discussing issues related to their charges. Remember, all mail is opened
and read by the government and can be used in court. Any mail addressed
improperly will not be delivered. Mailing instructions are below. Please
follow them carefully or the prisoners will not receive what you send
them. PLEASE BE SURE TO FOLLOW THE CORRESPONDENCE GUIDELINES BELOW!

5) SEND A BOOK - Zachary and Eric have both supplied us with a list of
book titles, authors, and topics. Please do not send them literature
related to the nature of their charges.
  We encourage everyone to send books from the list through publishers or
online distributors such as Barnesandnoble.com and amazon.com (although
we’ve had much better luck with getting books from Barnes and Noble into
the Sacramento County Main Jail than we have with Amazon). Again, be sure
to follow the correspondence guidelines provided by the jail. Please
contact us and let us know which books you are planning to send so they
don’t get the same books twice.

Zachary’s Requests
-Thick Sci-Fi books
-Tom Robbins Books
-Books on Transcendental Meditation
-Books of personal travel experiences (in the vein of  “On the Road”  by
Jack Kerouac)

Eric’s Requests
-Books by Mumia Abu Jamal
-George Jackson “Soledad Brother”
-Assata Shakur “Assata”
-Books by Henry Miller

6) HOLD A FUNDRAISER FOR ZACHARY JENSON  We are currently raising money
for Zachary’s commissary account, to send him books, and the possibility
of legal expenses.  If you would like to hold a fundraiser in your town or
make a donation, please email us.

7) SACRAMENTO COUNTY MAIN JAIL RULES FOR CORRESPONDENCE 
Instructions from http://www.sacsheriff.com on correspondence with inmates:
Inmate Mail and Correspondence Information
Correspondence:
ALL correspondence, including money orders, must have a return name and
address and be addressed in the following manner:

Inmate’s Name, X-Reference number, Housing Location
Sacramento County Main Jail
651 "I" Street
Sacramento, CA 95814

Example:
Doe, John X-1234567 6W303
Sacramento County Main Jail
651 "I" Street
Sacramento, CA 95814

Books, Newspapers and subscriptions:
Due to the large population of inmates in custody, you must include the
inmate’s reference number and housing location on all items mailed to the
Main Jail. The Jail will not accept books, newspapers or magazines mailed
from a book store or an individual. Books, newspapers and magazines will
ONLY be accepted directly from the publisher or through online services
(Amazon, Barnes and Noble
.etc.) on behalf of the inmate. Any material
that appears to be obscene or tends to incite murder, arson, riot, racism
or otherwise compromises the security of the facility will not be
accepted.

The following is a sample of unacceptable items which will be returned to
the sender:
• Stationery/Stamps
• Polaroid Pictures
• Photos larger than a standard 35mm size (4x6)
• Stickers on the inside or outside of the envelope/letter
• Any items not listed which may compromise the security of the facility
ALL unacceptable or improperly addressed inmate mail will be returned to
sender.

8) PRISONERS’ ADDRESSES

WEINER, LAUREN X-4198634 7W419
Sacramento County Main Jail
651 "I" Street
Sacramento, CA 95814

MCDAVID, ERIC X-2972521 4W114A
Sacramento County Main Jail
651 "I" Street
Sacramento, CA 95814

JENSON, ZACHARY X-4198632 7E213A
Sacramento County Main Jail
651 "I" Street
Sacramento, CA 95814

The Freedom Archives
522 Valencia Street
San Francisco, CA 94110
(415) 863-9977
www.freedomarchives.org 
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