Eric McDavid Hearing Update

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 Friday 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