News (Media Awareness Project) - US CA: Eureka Pepper Spray: Judge asked to dismiss charges |
| Title: | US CA: Eureka Pepper Spray: Judge asked to dismiss charges |
| Published On: | 1998-01-06 |
| Source: | Santa Rosa Press Democrat |
| Fetched On: | 2008-09-07 17:28:50 |
JUDGE ASKED TO DISMISS CHARGES
Defendants in the Eureka pepper spray case on Wednesday asked Humboldt
County Judge Marilyn Miles to dismiss charges against them, claiming
tactics law enforcement officers used against the anti-logging protesters
represented outrageous government conduct that should not be condoned in
civilized society.
Defense lawyers Mark Harris and J. Tony Serra argued on behalf of Terri
Slanetz, Lisa Sanderson-Fox, and Jennifer Schneider.
The three women and a juvenile were arrested on Oct. 16 when they staged a
sit-in in the Eureka office of Rep. Frank Riggs, R- Windsor, to protest
compromise legislation on Headwaters Forest.
They were charged with trespassing, vandalism and resisting arrest, but
tactics used by sheriff's deputies and Eureka Police officers shocked the
nation when video tape of the officers swabbing pepper spray into the
defendants' eyes was broadcast.
Harris said the defendants are asserting that the charges should be dropped
because deputies and officers used the pepper spray not to quell the
protest but to inflict pain and hand out summary punishment.
Deputy District Attorney Andrew Isaac said that he argued that there is no
legal authority to support the defense claim, and that the officers'
actions were not outrageous.
Judge Miles took the motion under submission.
Harris said the defense is attempting to show that the tactics were not
employed out of need but, rather, as a matter of policy when the
demonstrators locked themselves together in Riggs' office.
Harris cited officers' claims that pepper spray was used to expedite a
conclusion to the demonstration rather than risk further conflicts with an
unruly crowd and to avoid the danger of fire caused by sparks if the
officers tried to cut the demonstrators from the metal sleeves that locked
them together.
None of those dangers were present on Oct. 3 when deputies arrested two
young men who were engaged in a protest at Bear Creek, Harris said, but
pepper spray was used in that situation.
Copyright 1997, The Press Democrat
Defendants in the Eureka pepper spray case on Wednesday asked Humboldt
County Judge Marilyn Miles to dismiss charges against them, claiming
tactics law enforcement officers used against the anti-logging protesters
represented outrageous government conduct that should not be condoned in
civilized society.
Defense lawyers Mark Harris and J. Tony Serra argued on behalf of Terri
Slanetz, Lisa Sanderson-Fox, and Jennifer Schneider.
The three women and a juvenile were arrested on Oct. 16 when they staged a
sit-in in the Eureka office of Rep. Frank Riggs, R- Windsor, to protest
compromise legislation on Headwaters Forest.
They were charged with trespassing, vandalism and resisting arrest, but
tactics used by sheriff's deputies and Eureka Police officers shocked the
nation when video tape of the officers swabbing pepper spray into the
defendants' eyes was broadcast.
Harris said the defendants are asserting that the charges should be dropped
because deputies and officers used the pepper spray not to quell the
protest but to inflict pain and hand out summary punishment.
Deputy District Attorney Andrew Isaac said that he argued that there is no
legal authority to support the defense claim, and that the officers'
actions were not outrageous.
Judge Miles took the motion under submission.
Harris said the defense is attempting to show that the tactics were not
employed out of need but, rather, as a matter of policy when the
demonstrators locked themselves together in Riggs' office.
Harris cited officers' claims that pepper spray was used to expedite a
conclusion to the demonstration rather than risk further conflicts with an
unruly crowd and to avoid the danger of fire caused by sparks if the
officers tried to cut the demonstrators from the metal sleeves that locked
them together.
None of those dangers were present on Oct. 3 when deputies arrested two
young men who were engaged in a protest at Bear Creek, Harris said, but
pepper spray was used in that situation.
Copyright 1997, The Press Democrat
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