Eric McDavid Update

Aug. 10, 2010 Infoshop News

http://news.infoshop.org/article.php?story=2010081020052224

Dear friends,

Yesterday, August 9th, oral arguments for Eric's appeal were heard at the 9th Circuit Court of Appeals in San Francisco. Most of the discussion focused on the incorrect written response to a question the jurors asked during deliberations at Eric's trial (the oral answer to a jury question was the complete opposite from the written answer - the jury reached a guilty verdict soon after). The presiding judge on the panel seemed particularly interested in this issue (she wrote a previous decision for the 9th circuit in which a case was reversed due to an erroneous jury
instruction).

The opening brief in Eric's appeal contained 9 separate arguments. Yesterday the court focused primarily on one of those. It would be unfortunate if the court failed to consider these other issues, as they are all important and speak to the multitude of injustices that occurred throughout Eric's case (pre-arrest, through trial and sentencing). But while it is impossible and probably counterproductive to speculate about any possible outcomes for this appeal, we were encouraged by the panel's interest in this key issue.

The prosecution, lacking any solid arguments about why this issue was "harmless error," resorted (as they usually do) to their typical bag of tricks and lies. We know we probably don't need to go into detail here - but just keep this in mind if you choose to listen to the arguments.

If you are interested in listening to yesterday's proceedings in their entirety, they are posted on the 9th Circuit's website at:
http://www.ca9.uscourts.gov/media/view_subpage.php?pk_id=0000005995.

Now we begin what could potentially be a very long waiting period. The 9th Circuit takes, on average, between 6 months to a year to issue a decision after oral arguments. This will not be an easy wait! Please continue to write Eric and offer your support. For more information on how to support (and write!) Eric, please visit the website: http://www.supporteric.org.

Yours,

SPS

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Eric McDavid is a political prisoner, currently serving a 20 year sentence in federal prison for “thought crime.” He was arrested in January 2006 (as part of the government's ongoing "Green Scare" campaign against environmental and animal rights activists) after being targeted by an undercover informant who formulated a crime and entrapped Eric in it. Eric was targeted by the state for his political beliefs, and his case is important for everyone who dares to stand up. He is currently appealing his conviction and his sentencing.

Eric was arrested (along with Zachary Jenson and Lauren Weiner) on January 13, 2006, as part of the government's ongoing Green Scare campaign. All three were charged with “Conspiracy to damage and destroy property by fire and an explosive.” His arrest was the direct result of a government informant – known only as “Anna” - who spent a year and a half drawing him in and working with the FBI to fabricate a crime and implicate Eric in it. Anna was paid over $65,000 for her work with the FBI. Eric was imprisoned for what amounts to thought-crime – no actions were ever carried out, and Eric was charged with a single count of “conspiracy” - a powerful legal tool often used by the state to crush dissent.