We had a server outage, and we're rebuilding the site. Most of the site features won't work. Thank you for your patience.
imc indymedia

Los Angeles Indymedia : Activist News

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


KILLRADIO

VozMob

ABCF LA

A-Infos Radio

Indymedia On Air

Dope-X-Resistance-LA List

LAAMN List




IMC Network:

Original Cities

www.indymedia.org 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

www.indymedia.org 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: Victimized by Green Scare State Terrorism

by Stephen Lendman Sunday, Sep. 12, 2010 at 11:59 AM
lendmanstephen@sbcglobal.net

100s of political prisoners in America

Eric McDavid: Victimized by Green Scare State Terrorism - by Stephen Lendman

The October 2001 USA Patriot Act's Section 802 created the crime of "domestic terrorism" (applicable to US citizens) for the first time, applying it to persons engaged in acts "dangerous to human life" in violation of federal or state criminal laws, if such actions:

-- intimidate or coerce a civilian population;

-- influence government policy by intimidation or coercion; or

-- affect government conduct by mass destruction, assassination or kidnapping.

The Patriot Act gave Washington expansive powers to investigate and prosecute "terrorism," including environmental and animal rights activists demonstrating peacefully or engaging in nonviolent civil disobedience, America's longstanding tradition, now harshly criminalized, those convicted subject to long-term incarceration.

For example, in 2001, several prominent Americans engaged in civil disobedience on Vieques Island, Puerto Rico by unlawfully entering an airbase to protest against regular Pentagon military exercises, including bombings. It's now called domestic terrorism to influence government policy.

Under the Patriot Act's Section 806, with no hearing or notice, the government may confiscate or freeze all foreign and domestic assets of any individual, entity, or organization engaged in, planning, supporting, concealing, or perpetrating any act of domestic or international terrorism against America - even by protesting nonviolently.

Other provisions are just as harsh, using vague language giving authorities wide latitude to twist the law perversely and advantageously, targeting anyone for anything called terrorism.

Eric McDavid is one of many victims, serving a 20-year sentence in federal prison for "thought crime," encarcerated for his political beliefs, targeted by an FBI undercover informant who entrapped him unjustly.

Detailed information on him can be accessed through the following link:

http://www.supporteric.org/index.html

Previous articles described "green scare," the Spirit of Freedom support network calling it "tactics the government and (enforcement agencies use) to attack" environmental and animal rights activists and anyone supporting them - called "eco-terrorists" for engaging in socially responsible protests or civil disobedience against harmful corporate practices. Opposing them is now criminal, repressive laws like the Patriot Act putting innocent people at risk, McDavid one of many.

On January 13, 2006, he, Zachary Jenson and Lauren Weiner were arrested, charged with "conspiracy to damage and destroy property by fire and an explosive," the January 25 indictment stating:

The "defendants....did knowingly and intentionally agree, combine and conspire with each other, and others known and unknown to the Grand Jury, to maliciously damage and destroy, and attempt to do so, by means of fire and an explosive, (1) a building, and personal and real property of the United States Forest Service, United States Department of Agriculture (2) a building, and personal and real property of an institution and organization receiving (government) financial assistance....and (3) personal and real property used in interstate commerce and in an activity affecting interstate commerce...."

Conspiracy alone was charged to commit the following acts:

-- meeting at a Forresthill, CA residence, purportedly to plan their attack, no supportive evidence cited;

-- defendant Weiner ordered a book titled, "Poor Man's James Bond," supposedly with explosive making instructions;

-- defendants visited the alleged target sites "to perform reconnaissance;" and

-- bought the following items: three bottles of bleach, a hot-plate, glassware, a gasoline can, a car battery, and three jars of petroleum jelly.

Yet prosecutors said these activities violated Title 18, United States Code, Section 844(n), even though engaging in them and all items bought are legal and nonviolent. Prosecutors cited no incriminating evidence proving otherwise. How could they? There was no plot or crime, the FBI inventing guilt by entrapment, a scheme used numerous times before, snaring innocent victims in the "war on terror."

A government informant called "Anna" befriended, encouraged, deceived, and entrapped them, earning at least ,000 for her services, according to Sacramento-based FBI Special Agent Nasson Walker. "She was the glue" said McDavid's lawyer, Mark Reichel, explaining that "Take away Anna, and (the case) would have scattered in the wind like so many tumbleweeds."

In an affidavit filed in the case, Walker said she was used in at least 12 prior cases, entrapping others like McDavid, Jenson and Weiner, provoking them to discuss actions they never committed or wanted to, manufacturing fake crimes. Reichel explained that "when you have someone poking you and prodding, egging you on," you end up saying or going through the motions of things you'd never do, but may seem like it, making defendants vulnerable because jurors are afraid to exonerate.

McDavid's case is especially troubling, according to Reichel:

"There has never been (one like it in America) that has involved this much entrapment, this much pushing by an informant, by the US government and by the FBI behind it."

He was charged with one count of conspiracy, commonly used against activists and others when no real evidence exists, the idea being to intimidate juries, ensure convictions, crush dissent and discourage others. Twice he was denied bail, despite no past criminal record or history of violence.

As a result, pre-trial, he spent two years isolated in Sacramento County Main Jail in "Total Separation," given no contact with other prisoners and allowed out of his cell only a few hours weekly.

McDavid is a vegan. Protesting for acceptable food, he conducted two hunger strikes, and suffered two bouts of pericarditis - an inflammation of tissue surrounding the heart, causing chest pain and long-term complications if not properly treated. Born in October 1977, he's now 32 years old, a shocking condition for someone that young, something he never before experienced.

Under pressure, his co-defendants copped a plea for a lesser sentence, agreeing to testify against McDavid. His case is clear entrapment, his trial defense citing it in vain. Despite no incriminating evidence and proceedings "riddled with errors, lies and blunders," jurors convicted him, many later making "damning statements about the FBI's handling of the case."

Nonetheless, on May 6, 2008, he was sentenced to 19 years, seven months in prison, equivalent to a 2nd degree murder judgment in some states. McDavid committed no crime yet got, up to that time, the longest ever Green Scare punishment, increased by Terrorism Enhancements (TEs) - used against defendants trying to influence or coerce government policy, an act of honor, not a crime, when challenging lawless, harmful practices.

In February 2009, animal rights activist Marie Mason received 21 years, 10 months and a million dollar fine (another travesty of justice), an article on her case accessed through the following link:

http://sjlendman.blogspot.com/2010/07/marie-mason-victimized-by-green-scare.html

In June 2001, environmental activist Jeff Luers was sentenced to 22 years, eight months for burning three SUVs - to raise awareness how gas-guzzling vehicles exacerbate global warming. No one was hurt, ,000 in damages resulted, and the vehicles were refurbished and sold.

A political prisoner, Luers appealed in January 2002, his hearing held in November 2005, and on February 14, 2007 the Appeals Court remanded his case to the Circuit Court for resentencing. On February 28, 2008, it was reduced to 10 years, a hopeful sign for McDavid, Mason and others like them, wrongfully imprisoned for their activism and honor.

Calling his sentence "fair, just, and reasonable," Judge Morrison C. England found McDavid's talk and items bought "very serious....with respect to the disruption of the Government....There was no question that this....was a conspiracy, and (its) object (was) federal buildings or locations....this is a new world after September 11, 2001...."

"So when taking all of these factors into consideration, it is the judgment and sentence of this Court that in accordance with the Sentencing Reform Act of 1984, that the defendant, Eric McDavid, will be sentenced to 235 months in federal prison. (He) will also pay a special assessment of 0 immediately....Upon release from imprisonment, Mr. McDavid will be placed on supervised release for a term of 36 months."

Imprisoned at FCI Victorville, Medium II, Adelanto, CA, McDavid's appealing his conviction and sentence.

A Final Comment

On August 9, the San Francisco-based 9th Circuit Court of Appeals heard McDavid's oral arguments, focused mainly on "the incorrect written response to a question the jurors asked during deliberations....the oral answer (given) was the complete opposite from the written" one, after which jurors quickly reached a guilty verdict.

Afterwards, however, the deception outraged juror Diane Bennett, saying:

"During deliberations, we asked the court to please clarify for the jury the issue of whether Anna was a government agent, and if so, when did she become one. The written answer....stated 'no' that she was not a government agent, yet we were told orally that she was."

"With the written response of 'no,' and after reading the other written responses to the court, we ended our consideration of the issue of entrapment, the vote (being) 7 - 5 to consider the entrapment issue as a defense. Once the written response advised Anna was not a government agent, we then changed to a guilty verdict soon thereafter."

To prove criminal conspiracy, prosecutors must show McDavid conspired with one or more others. His codefendants, however, absolved him, testifying that no illegal actions were planned. As a result, it was his word against Anna's, an FBI provocateur, paid to entrap innocent victims prosecutors want to convict.

The presiding appeals judge expressed interest, having previously been involved in reversing a sentence because of erroneous jury instructions. Defense counsel was hopeful, noting other important arguments also raised and likely wait before a decision - on average six months to a year, a long time to perpetuate injustice never easy to reverse in a climate of fear, police state terror, pervasive spying, entrapment, and complicit courts.

It's "a new world after September 11, 2001," not a fair or just one.

Stephen Lendman lives in Chicago and can be reached at lendmanstephen@sbcglobal.net. Also visit his blog site at sjlendman.blogspot.com and listen to cutting-edge discussions with distinguished guests on the Progressive Radio News Hour on the Progressive Radio Network Thursdays at 10AM US Central time and Saturdays and Sundays at noon. All programs are archived for easy listening.

http://www.progressiveradionetwork.com/the-progressive-news-hour/.

Report this post as:

Local News

Woolsey Fire: Worst News of 2018? J01 12:18AM

Oppose Environmentally-Harmful Development D10 4:03AM

Oppose Environmentally-Harmful Development D10 3:58AM

OUR HOUSE Grief Support Center Presents Night for Hope O30 5:38PM

Marshall Tuck’s racist dog whistle O27 5:01AM

Marshall Tuck’s ethnocentrism contradicts Californian values O27 4:32AM

Contra Costa-Hawkins O25 3:48AM

Debunking Some Anti-Prop 10 Propaganda O12 6:56AM

Why Should California Choose De Leon Over Feinstein? O10 9:55PM

Change Links September 2018 posted S02 10:22PM

More Scandals Rock Southern California Nuke Plant San Onofre A30 11:09PM

Site Outage Friday A30 3:49PM

Change Links August 2018 A14 1:56AM

Setback for Developer of SC Farm Land A12 11:09PM

More problems at Shutdown San Onofre Nuke J29 10:40PM

Change Links 2018 July posted J09 8:27PM

More Pix: "Families Belong Together," Pasadena J02 7:16PM

"Families Belong Together" March, Pasadena J02 7:08PM

Short Report on the Families Belong Together Protest in Los Angeles J30 11:26PM

Summer 2018 National Immigrant Solidarity Network News Alert! J11 6:58AM

Watch the Debate: Excluded Candidates for Governor of California M31 5:20AM

Change Links June 2018 posted M28 7:41AM

More Local News...

Other/Breaking News

DIARY OF A CON MAN J16 10:40PM

PR Debt Cancel, Judge Reviews Cofina Debt J16 9:04PM

Réseautage, fragmentation du capital J16 4:20PM

Paraphysique de manipulation mentale et sociale J15 9:51AM

The Global Justice Project and Human Survival: We're Badly Off Track J15 5:08AM

The Global Justice Project and Human Survival: We're Badly Off Track J15 5:08AM

The Global Justice Project and Human Survival: We're Badly Off Track J15 5:08AM

Markets as a Fetish, Globalization, and Dissent Management J14 1:03PM

State Debts - The Primal German Fear J13 5:09PM

Sans liberté, sans égalité, sans fraternité J13 8:09AM

From Progressive Neoliberalism to Trump - and Beyond J12 9:22PM

Copper Cures Cancer J11 1:42PM

Steven Taylor, Investor who Evicts J11 9:24AM

Du sectarisme, des sectes, des clans J11 8:10AM

“Animaniacs in Concert!” Starring Voice Legend Rob Paulsen J10 6:34PM

Patrick Kilpatrick discusses and signs Dying for Living J09 11:51PM

SexActs vs Sexuality USA 2018 Invitations to Power Marriages without Affection J09 8:36PM

Changer de mentalité, changer de société J09 9:17AM

Teacher Strike? Time for Labor Studies J09 6:26AM

December 2018 Honduras Coup Update J08 10:12PM

Paraphysique de la désespérance J07 9:38AM

The Unification Church with Rev Moon is in La and Orange Counnties J07 9:07AM

Time to Start Imagineering a Post-Ayatollah Iran J05 10:00PM

L'écomorphisme, du culturel et du temporel J05 10:33AM

Sexual Harassment Charges of Men Suing Women who are accused of Harassing Men are now 10% J05 4:08AM

Stases psychiques et stases sexuelles J04 11:34AM

Paraphysique de la sous-vie J02 9:01AM

Paraphysique de la biomasse mondialisée J01 9:45AM

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