imc indymedia

Los Angeles Indymedia : Activist News

white themeblack themered themetheme help
About Us Contact Us Calendar Publish RSS
latest news
best of news




A-Infos Radio

Indymedia On Air

Dope-X-Resistance-LA List


IMC Network:

Original Cities africa: ambazonia canarias estrecho / madiaq kenya nigeria south africa canada: hamilton london, ontario maritimes montreal ontario ottawa quebec thunder bay vancouver victoria windsor winnipeg east asia: burma jakarta japan korea manila qc europe: abruzzo alacant andorra antwerpen armenia athens austria barcelona belarus belgium belgrade bristol brussels bulgaria calabria croatia cyprus emilia-romagna estrecho / madiaq euskal herria galiza germany grenoble hungary ireland istanbul italy la plana liege liguria lille linksunten lombardia london madrid malta marseille nantes napoli netherlands nice northern england norway oost-vlaanderen paris/Île-de-france patras piemonte poland portugal roma romania russia saint-petersburg scotland sverige switzerland thessaloniki torun toscana toulouse ukraine united kingdom valencia latin america: argentina bolivia chiapas chile chile sur cmi brasil colombia ecuador mexico peru puerto rico qollasuyu rosario santiago tijuana uruguay valparaiso venezuela venezuela oceania: adelaide aotearoa brisbane burma darwin jakarta manila melbourne perth qc sydney south asia: india mumbai united states: arizona arkansas asheville atlanta austin baltimore big muddy binghamton boston buffalo charlottesville chicago cleveland colorado columbus dc hawaii houston hudson mohawk kansas city la madison maine miami michigan milwaukee minneapolis/st. paul new hampshire new jersey new mexico new orleans north carolina north texas nyc oklahoma philadelphia pittsburgh portland richmond rochester rogue valley saint louis san diego san francisco san francisco bay area santa barbara santa cruz, ca sarasota seattle tampa bay tennessee urbana-champaign vermont western mass worcester west asia: armenia beirut israel palestine process: fbi/legal updates mailing lists process & imc docs tech volunteer projects: print radio satellite tv video regions: oceania united states topics: biotech

Surviving Cities africa: canada: quebec east asia: japan europe: athens barcelona belgium bristol brussels cyprus germany grenoble ireland istanbul lille linksunten nantes netherlands norway portugal united kingdom latin america: argentina cmi brasil rosario oceania: aotearoa united states: austin big muddy binghamton boston chicago columbus la michigan nyc portland rochester saint louis san diego san francisco bay area santa cruz, ca tennessee urbana-champaign worcester west asia: palestine process: fbi/legal updates process & imc docs projects: radio satellite tv
printable version - js reader version - view hidden posts - tags and related articles

Eric McDavid Update - 10.4.07

by Sacramento Prisoner Support Friday, Oct. 05, 2007 at 7:44 PM

Trial, the verdict, what comes next...and Eric's birthday

Dear friends,

First we would like to express our heartfelt thanks to everyone who has sent us messages of support since the verdict was issued last week. We have not been able to respond to all of you, but please know that we read them all and have been very moved by the outpouring of support, and we always pass your words of encouragement on to Eric. This has been a difficult time for us, but we’ve been wanting very much to communicate with you our thoughts and feelings about the trial, the verdict, and what happens next. We’ll do our best in the lines below…

Trial and Lies

Eric’s trial was fraught with lies, slander, and calculated statements to hurt Eric and the people he loves. This should serve as a sad reminder to us all that we should never believe statements made in the media or by the government unless we know through our own experience their truthfulness. Perhaps the most egregious lies told about Eric were that he threatened to kill Anna if she was a cop and that she woke one night to find Eric waving a knife over her. Both of these statements were made without any supporting evidence – only the testimony of an admitted liar who was paid thousands of dollars to entrap Eric and send him to prison. The first statement was allegedly made by Eric in a car ride – there are no recordings of it. The second incident allegedly happened in a cabin that was completely wired with audio and video recording devices. Despite Mark’s repeated attempts to secure some recorded evidence of this incident, the government was never able to produce it. There were no written reports from the FBI or Anna anywhere in the thousands of pages of discovery that the government handed over. Anna testified that she fell right back to sleep after this occurred – clearly not what any of us would do if someone had been waving a knife over our sleeping bodies. Additionally, Lauren testified Eric would have had to climb over her to get out of bed, and that never happened. This is merely an example of the great lengths to which the government went to demonize Eric since his arrest.

The list of lies told about Eric during trial is far too extensive to detail here. If you are interested in knowing more, we suggest that you read through the trial reports which are posted on Eric’s website ( Often the lies told seemed meaningless and inconsequential, unless taken in a larger context. For example, at one point Zachary Jenson testified that Eric had a cell phone. This is unequivocally false – in fact, Judge England denied Eric bail, using the fact that he did NOT have a cell phone as an argument to claim Eric did not have strong family ties. Taken in the context of trial as a whole, the lies told about Eric were overwhelming and outrageous.

The Verdict

The verdict was issued on Thursday, September 27 around 3:30 pm. The jury had been deliberating for two days, and seemed to be asking questions that pointed to a positive outcome for Eric. One of those questions, and the Judge's subsequent answer, radically altered the outcome of Eric's trial. Before deliberating the jurors received the following instructions on entrapment:

The government has the burden of proving beyond a reasonable doubt that the defendant was not entrapped. The government must prove the following:

1. the defendant was predisposed to commit the crime before being contacted by government agents, or

2. the defendant was not induced by the government agents to commit the crime.

Where a person, independent of and before government contact, is predisposed to commit the crime, it is not entrapment if government agents merely provide an opportunity to commit the crime.

After deliberating for a while the Jury asked Judge England when was the “first contact” between Anna (the government agent) and Eric (the defendant). The Jury asked this so they could find the relevant time period for determining whether or not Eric was predisposed to commit the crime. Before replying, Judge England heard arguments from the government and the defense about how he should respond to the Jury. The government argued that “first contact” was June of 2005 when they allege the conspiracy began. Mark argued that “first contact” was in August of 2004 when Eric first had contact with Anna while she was working as a confidential informant investigating the crimethinc convergence in Des Moines for the FBI. The Judge sided with the government, but stated that he could not instruct the jury on a specific date because that was a determination of fact that the Jury was supposed to make. Judge England gave the Jury the instruction that “first contact is the first time that the defendant and the informant discuss the crime that the defendant is on trial for.” This instruction blatantly contradicts established caselaw which says:

“Quite obviously, by the time a defendant actually commits the crime, he will have become disposed to do so. However, the relevant time frame for assesing a defendant's disposition comes before he has any contact with government agents, which is doubtless why it is called predisposition.” (US vs. Poehlman)

Though this issue of timing may seem like a legal technicality, it is in fact hugely significant. When Anna met Eric in August of 2004 she sent a report to the FBI saying that he was not a person of interest, meaning in her eyes he was not predisposed at the time. It was only later, in the summer of 2005, that she suggests he was predisposed to commit the crime. This is the point from which the government wanted the Jury to look at Eric's predispostion - after he had been under the influence of Anna, and the FBI by proxy, for almost a year.

After the jury issued their verdict, Mark conducted informal jury interviews and it became clear how pivotal these instructions were in the jury’s decision to convict. All twelve jurors told Mark they would have acquitted Eric if they had been instructed that “first contact” meant August of 2004, when Eric and Anna first met. The jurors told Mark very

openly and clearly that there was a lot of crying in the jury room because they did not want to convict Eric, but that they felt totally obligated to do so once they were instructed that the only relevant time period for evidence was after Eric agreed to the conspiracy with Anna. When Mark told them what his view of the law was, they all agreed they would have acquitted in an hour after the deliberations had begun on Tuesday. One of the

jurors was so emotional she could not stay and talk, but when leaving, went right up to the TV News 10 cameraman and gave an on air live interview (which was shown repeatedly on tv) where she stated that the FBI should be embarrassed of themselves for what they did in this case, that they should be ashamed, but they had found that Eric was predisposed based upon the law they received. The majority of the jurors said that they thought Anna was a liar and they didn’t believe anything she said unless it was on tape. They were disgusted and appalled at the FBI, and told them so to their faces.

While all of this is validating for Eric and his case, it’s maddening to know how close Eric came to being acquitted. It was clear during the reading of the verdict that a number of the jurors were unsettled by the decision they made and a couple of them started crying.

Another instruction that could have had a significant impact on Eric's case, which Judge England denied, was the jury instruction regarding a lesser-included offense. This would have allowed the jury to find Eric guilty of the same charge to which Lauren and Zach pled guilty, which carries a maximum sentence of 5 years, instead of the 20 that Eric is now facing.


Eric’s sentencing has been set for 9 am on December 6 at 501 I Street, 15th floor, Courtroom 3. The same judge who presided over Eric’s trial will also be sentencing him. The charge he has been convicted of carries a sentence of 5-20 years, and the US Attorney has indicated in the press that the government will be seeking the maximum 20 years. From the beginning, the government has also indicated that they will pursue the Terrorism Enhancement. We are asking for everyone who can to please come to court on this day to offer Eric your support, as this will be a very difficult day for him.

What Next

Eric will be appealing his conviction in this case. Based on our conversations with Mark and other lawyers, it appears he has a very good chance for success on appeal. Unfortunately, the process of appeals will take at least a year, and Eric will be sent to a federal prison facility during that time. Please see below for ways you can help.

How You Can Help

Fundraising: The struggle for Eric’s freedom is far from over. But to appeal his conviction will not be cheap – we need everyone’s help with fundraising, as soon as possible. We cannot stress this point enough. Please start planning now for your next event to support Eric. Stay tuned for updates about how much money we will need and how you can contribute. And remember, you can always donate money online at through paypal.

Letters: Please continue sending Eric letters of support. You can get information on how to write Eric at

Vegan Meals: Eric is still not receiving vegan food from the jail. He has been purchasing what little vegan food he can get from commissary, which allows him a minimal amount of nutrition to supplement the bread and fruit he can pull from his meal trays. But this is not sufficient for Eric to remain healthy. Please continue to call the jail until they resume giving Eric food he can eat. The jail fed Eric vegan meals for 15 months – there is absolutely no reason they cannot continue. You can call them at: 916-874-6752 or 916-874-6905 . Please have Eric’s x-reference number ready, in case they ask for it (x-ref 2972521), and be prepared to wait through lengthy holds and a lot of ringing. And remember, this is one of THE most important things we can do for Eric right now.

Eric’s Birthday

Eric’s birthday is this Sunday, October 7. Please send him a card, a letter, a poem, a beautiful picture – anything to help brighten his day.


Thanks to some great folks in New York (and the fellow who designed them!), Support Eric shirts will soon be available for purchase online. Please stay tuned for details, or check the website for ordering info (it should be up soon). Money from these shirts will go to Eric's legal defense.

Eric is an amazing individual. Those of you who know him, know how compassionate and caring he is - how full of integrity and courage he is, and how he embodies these in his day to day life. Eric has taught us all so much – especially in these last two years. Most of all, he's taught us what it means to choose life – to keep pushing forward and doing what's right - despite tremendous obstacles - and to infuse every moment with joy and love. After the jury delivered their verdict, as Eric was leaving the courtroom he turned to all of us sitting behind him, a look of concern on his face, and reminded us all: “Breathe.....”

Let's all keep breathing...and keep fighting.

Report this post as:

Local News

More Pix: "Families Belong Together," Pasadena J02 12:16PM

"Families Belong Together" March, Pasadena J02 12:08PM

Short Report on the Families Belong Together Protest in Los Angeles J30 4:26PM

Summer 2018 National Immigrant Solidarity Network News Alert! J10 11:58PM

Watch the Debate: Excluded Candidates for Governor of California M30 10:20PM

Change Links June 2018 posted M28 12:41AM

The Montrose Peace Vigil at 12 Years M22 1:01PM

Unity Archive Project M21 2:42AM

Dianne Feinstein's Promotion of War, Secret Animal Abuse, Military Profiteering, Censorshi M17 3:22PM

CA Senate Bill 1303 would require an independent coroner rather than being part of police M10 2:08PM

Three years after OC snitch scandal, no charges filed against sheriffs deputies M10 1:57PM

California police agencies violate Brown Act (open meetings) M02 1:31PM

Insane Company Wants To Send Nuke Plant Waste To New Mexico A29 4:47PM

Change Links May 2018 A27 1:40AM

Worker-Owned Car Wash on Vermont Closed A26 10:37PM


lausd whistle blower A10 11:58PM

Website Upgrade A10 3:02AM

Help KCET and UCLA identify 60s-70s Chicano images A04 1:02PM

UCLA Luskin: Casting Youth Justice in a Different Light A02 11:58AM

Change Links April 2018 A01 11:27AM

Nuclear Shutdown News March 2018 M31 6:57PM

Join The Protest Rally in Glendale on April 10, 2018! M29 7:00PM

Spring 2018 National Immigrant Solidarity Network News Alert! M19 2:02PM

Anti-Eviction Mapping Project Shows Shocking Eviction Trends in L.A. M16 5:40PM

Steve Mnuchin video at UCLA released M15 12:34AM

Actress and Philanthropist Tanna Frederick Hosts Project Save Our Surf Beach Clean Ups M06 12:10PM

After Being Told He's 'Full of Sh*t' at School Event, Mnuchin Demands UCLA Suppress Video M02 11:44AM

More Local News...

Other/Breaking News

Asian Countries:Cambodia, Vietnam, N. Korea do not permit unlawful immigration J16 8:06PM

Children Incorporated Earns 4-Star Rating on Charity Navigator J16 11:24AM

Democratic Socialists of America J14 4:57PM

Leonard Peltier Non Violent Native American Political Prisoner since 1970's J14 4:18PM

Paraphysique miscellanées de l'aggiornamento J14 12:54AM

Actress and Philanthropist Tanna Frederick Hosts Project Save Our Surf Beach Cleanup J13 4:14PM

FBI Investigated LA County Sheriff Baca,Why Not Hank Skinner's Persecution? J13 3:52PM

Updated Partial List Of Famous Vegetarians, Vegans, & Fruitarians J13 2:59PM

The Shortwave Report 07136/18 Listen Globally! J12 4:36PM

Social Policy as Social Infrastructure J12 3:38AM

Vol I: 84 Varieties Of GOP Election Fraud J12 1:50AM

Texas Can Call it An Execution,But It is A State Sponsored Murder of Hank Skinner.. J11 6:48PM

June 2018 Honduras coup update J11 3:35PM

Maria Estrada doubles down on racist support J11 1:40PM

New York Women in Film & Television Announces 2018 NYWIFT Ha Phuong Scholarship Recipients J11 10:14AM

Trapps de la domination, trapps de l'aliénation J11 1:31AM

Please Work For The Defeat Of Brett Kavanaugh And Why J09 8:54PM

Change Links 2018 July posted J09 1:27PM

Transinhumanisme ( transe inhumanisme ) J09 12:44PM

Google, World's Biggest Censor, Was Founded By The CIA J09 10:25AM

For a World Free of Nuclear Risks J09 8:29AM

Corrupt CDC Ignores Meat Fish Recalls J09 4:55AM

The (Temporary) End of Globalization J09 3:03AM

Aternatives to Abortions such as Plan B the pill, condoms and IUD J08 4:03PM

U.S Congressional Legal Minds Know Better Than Allowing Texas To Murder Hank Skinner J08 3:37PM

ACLU in many US states defends in court KKK and American Nazis Sometimes for Money J07 11:28PM

Judge Brett Kavanaugh: 12 Of Many Reasons To Oppose Him J07 9:00AM

Insensibilité engrammée J07 2:37AM

More Breaking News...
© 2000-2018 Los Angeles Independent Media Center. Unless otherwise stated by the author, all content is free for non-commercial reuse, reprint, and rebroadcast, on the net and elsewhere. Opinions are those of the contributors and are not necessarily endorsed by the Los Angeles Independent Media Center. Running sf-active v0.9.4 Disclaimer | Privacy