| *Please click here for court reports* **T-shirts available! Update 5/11/08: Sentencing Notes Dear friends, Yesterday was a difficult day. We all knew what Eric was facing, and we understood the vehemence with which the government was pursuing this case. But nothing could ever fully prepare us for the kind of heinous sentence that Eric received. It is clear from the reports in the media and the statements made by the US Attorneys that Eric was entrapped and used as an example to anyone who dares to dream of how things could be different in this world. After passing through the metal detectors downstairs, everyone attending Eric's sentencing was required, by order of Judge England, to pass through a line of Marshall's outside the courtroom and undergo the metal detector wand, as well as a complete search of any bags. This ridiculous spectacle was clearly an attempt to harass Eric's friends and loved ones who came to show their support. The courtroom was nearly full of Eric's family and friends. There were not enough seats behind the defense table to accommodate everyone, forcing others to spill over into the prosecutor's side of the court. Thanks to everyone who came out yesterday. It was clear from the first few sentences spoken by the judge that his mind was already made up. The same lies that were used at trial to convict Eric were repeated over and over again throughout the sentencing hearing. The government even had the audacity to claim that Eric had never had a re-ocurrance of pericarditis - despite the fact that his lawyer filed a memo with the court in November detailing Eric's worsening condition. Despite the fact that the jail received so many phone calls from Eric's supporters during that time that they posted a note on their website specifically asking people to stop calling. They had the audacity to claim that Eric was at no risk of harsh treatment in prison - despite the fact that he has ALREADY undergone 2 1/2 years of isolation at the Sacramento County Main Jail. Despite the fact that probation recommended a sentence of 156 months (13 years), Judge England deferred (as usual) to the government's recommendation of 235 months (19 years and 7 months). The length of Eric's sentence was due largely to the application of the Terrorism Enhancement. The government has argued quite vociferously all along for this enhancement. The basis of their argument is that Eric's targets included government facilities (such as the IFG) - a point which was never proven during trial, and was, in fact, denied by the government's own witnesses. But the judge applied the enhancement anyway. The judge ordered 3 years of supervised release after Eric's sentenced is served, the collection of a DNA sample and registration as an "arson offender". Now is the time to be outraged and make noise. The government just sentenced Eric to 20 years for a crime that was never committed. This is the longest sentence we have heard of in an American environmental case. Eric's case and sentence have illustrates the lengths the government goes to , and how much they can get away with, in their pursuit of those who voice their dissent - who maintain their integrity and stay true to their principles and all that makes them human. Please help spread the word about Eric, his case, and it's implications for everyone who cares about effecting real change. Eric says he can feel all the love being sent his way. Please keep it up. Take a moment to send Eric a note of support during this difficult time. His address is: McDavid, Eric x-2972521
7E128 Eric could be moved any time in the next month or two to a federal facility, but please don't let that deter you from writing! We will let everyone know as soon as we get word that he is being moved. Until then, keep the letters coming. Eric will now be appealing his conviction. Unfortunately, this can be a very long process. Please don't forget about Eric during this time. He will continue needing your support throughout his time in prison. When he reaches a federal facility we will send out a statement about his support needs at that time. Thanks again to all of you. The amount of love and support you have given has been truly amazing. We are so thankful to have all of you helping us through these difficult times. Yours, Update May 7th: Sentencing Memo & Declarations Sentencing is taking place tomorrow at 1:30pm at 501 "I" Street, Courtroom no. 7. Please consider attending to show your support for Eric! If you're able to join us, please come dressed for court. The government is pushing for a 20 year sentence. It goes without saying that we are in for a tremendous battle tomorrow. Below are the documents filed by Eric's attorney in preparation for sentencing: We will post the outcome of tomorrow's hearing as soon as we're able to. We ask that you keep Eric in your thoughts and hearts. This will be an immensely difficult day for him and everyone who loves him (and there are many).
Update April 15th: Sentencing and Eric's New Address Dear friends, Sentencing has been re-scheduled for May 8th. When re-scheduling the date, Eric's lawyer attempted to set it for April 24, but was unable to do so because Judge England will be getting married next week. In lieu of wedding gifts, we're asking that folks make a small donation to Eric's commissary fund to help his transition to federal prison. When he moves to a federal facility, his commissary account will move with him. If he has money in his account when he arrives, he will be able to purchase the necessities - including money for phone calls to loved ones, vegan food, and writing material. If you would like to make a donation, you can send a check or money order to "Sacramento Defense Fund" at: SPS Please make sure you make it out to "Sacramento Defense Fund." Otherwise we will be unable to deposit it. Be sure to make a note that the funds are intended for Eric's commissary account. We'll keep you updated about sentencing as things change. Yesterday Eric was moved to a different floor. His new address is: McDavid,
Eric x-2972521 7E128 If you have recently sent Eric a letter or a book, please don't be surprised if it gets sent back. Just put the new address on it and resend! Please keep Eric in your thoughts and continue sending him your love and support. Yours,
Update: March 7th Dear friends, Here are some quick updates on Eric's case and what you can do to support him... Hearing on Judgment of Acquittal and New Trial Motions Yesterday Eric finally had his hearing on the motion for judgment of acquittal and the motion for a new trial. These motions were heard by the same judge who presided over Eric's trial, which was fraught with errors and improper rulings and instructions. Not surprisingly, both of Eric's motions were denied. Sentencing Eric's sentencing has been rescheduled for April 3 at 9 am. We realize this date has been moved time and time again, but we are still asking for folks to come show their support for Eric in the courtroom on this day. The government is still asking for the outrageous sentence of 20 years, and this could be a very difficult day for Eric and his loved ones. PayPal Some of you may have noticed that we recently removed the PayPal function from Eric's website. In late January we received an email from PayPal informing us that our account had been "limited". The "limit" on the account makes it completely impossible for us to transfer funds that people have donated from PayPal to our bank account. After numerous phone calls, we still cannot get anyone from PayPal to give us any real information about WHY our account has been limited. At this time, we are asking that people discontinue using PayPal to donate to Eric's defense fund (or, even better, discontinue using it at all...). SO... If you would like to donate to Eric's defense/support fund, you can send a check or money order made out to Sacramento Defense Fund to the following address: SPS Again, please make sure it's made out to Sacramento Defense Fund. Otherwise we will be unable to deposit it. For those of you who have made donations through PayPal in the last two months, please don't despair! Your money will be refunded soon. If you would still like to send a donation, please do so through the address above. Your Support Still Needed! Please continue sending Eric your letters, your poetry, your thoughts, your love. This time of year can be especially difficult and painful for those who are locked in cages. As spring approaches and the days grow warmer and more inviting, the absence of the grass under one's toes or the sunlight on one's face can be felt ever more intensely. Please keep them in heart and mind as you move through your days. Update: Letters Hello everyone, Eric would like everyone to know that he is receiving your letters! He reads them all and is so thankful to get them. Unfortunately, while he would love to respond to everyone in a more timely fashion, that's just not possible for him right now. Please keep them coming and don't take it personally if you don't hear back from him. Your words matter to him, regardless of whether or not he is able to write back! Yours, 1/13/08
Updates and Appeal for Fundraising Two years ago today our friend, our loved one, our comrade was snatched away from us by the state. They charged him with “conspiracy” (thought crime in the most literal sense) and threw him in total separation (isolation) – where he has remained ever since. Since his arrest, Eric has not had any physical contact with his loved ones. For two years we have been forced to communicate through pen and paper, through telephone wires, through thick plexiglass windows, with only our words and the light in our eyes to offer comfort. But even the cold, lifeless mediums we have been forced to utilize cannot repress or dampen the love we feel in our hearts, the joy and the pain all mixed up in our tears, or the courage and strength that we draw from each other every day. There are still some things they can’t take away. Since his arrest, Eric has endured so much more than the “normal” grief associated with being ripped from one’s community and loved ones, stripped of all one’s freedoms, and thrown in a cage. He has endured the agonizing pain of betrayal, first as he discovered someone he loved and trusted was actually a government informant, and then later as two people he loved dearly also turned into collaborators with the state. He has endured two years of isolation, deprived of the essential humyn connections derived from the beauty of touch. He has endured two separate struggles to secure access to food he can eat, remaining true to the compassionate principles that drive not only his veganism, but the ways in which he lives all aspects of his life. Both times he underwent grueling two- week hunger strikes, and both times he was victorious against the seemingly endless power of the state and his captors. He has endured two separate bouts of pericarditis – a painful heart condition most likely caused by his total lack of nutrition – and the subsequent complete lack of medical care from the jail. He has endured two years of a concerted effort by the government to vilify and criminalize him, his lifestyle, and all he holds dear. This extended so far beyond the bounds of “government misconduct” – the outright lies and misinformation – that even the jury which ultimately convicted him saw through much of it, and commented to the press afterwards that they were ashamed of the FBI, and described their conduct as “scary.” And he endured a trial which, by all rational and legal standards, was fraught with blatantly unjust and erroneous legal rulings. Now he faces 20 years in prison for a crime that was never committed- for falling prey to government intrusion, infiltration, and entrapment. The government is doing everything in its power to slap the label of “terrorist” on Eric – a label which is not only patently false and insulting to those who have experienced real terrorism (often at the hands of the state), but which also carries with it a great weight. The weight of social implications, and the much more concrete weight of time. If the government is successful in applying the terrorism enhancement to Eric’s sentencing, it could turn what could otherwise be a 5 year sentence, into a 20 year sentence. Eric’s sentencing is currently set for March 13th. But this will not be the end of his struggle. Eric will be appealing his conviction – and we can honestly say that we feel he has a strong case (for more information on why, read the alert posted here – particularly the section on the verdict. You can also read Eric's motion for a new trial here. However, regardless of the appeal, Eric will be spending much more time in jail and prison. The appeals process can take a very long time, and after his sentencing he will be moved to a federal facility. While we can hope that he is sent to a facility near his friends and family, we have absolutely no guarantee of that. The prospect of Eric being sent even further from us is not an easy one to accept. It will be a difficult time for everyone, and we will need all of you to keep supporting Eric and sending him all of your energy and love. And, of course, appeals will cost money. A lot of money. As soon as sentencing is over we will need at least $35,000 for Eric’s legal defense. We need help from all of you to cover these fees. We cannot stress this enough. Eric has consistently remained true to his principles and maintained his integrity throughout this ordeal. In choosing to fight the charges against him he incurred the complete and total wrath of the state. If we are to remain true to our principles, raising money for Eric’s defense is the least that we can do. Please start planning your next fundraisers now! We are more than happy to help in any way we can – just let us know what you need. Together we can make this happen – Eric’s freedom is hanging in the balance. You can send a check or money order made out to Sacramento Defense Fund to: SPS If the check/money order is not made out to Sacramento Defense Fund, we will not be able to deposit it. Hearings Moved Just a reminder, the motion for a new trial/acquittal will now be heard on February 28th. The sentencing hearing has been moved AGAIN – it is now on calendar for March 6th. Please consider coming to Eric’s sentencing to show your support. Also – remember to write your letter to the judge, urging the lowest possible sentence for Eric. Information and suggestions on what to write can be found in the alert below. Thank you all for your continued support. Yours, SPS
Update
1/8/08 Dates for Eric's Hearings Have Changed We just wanted to give you the latest information about Eric's upcoming hearing dates. Unfortunately, due to circumstances beyond our control, the hearing on the motion for a new trial has been moved to January 24, and sentencing has been moved to March 6th. Every time a hearing gets moved it's a frustrating and emotionally trying situation for all of us, as this only prolongs the amount of time that Eric has to spend in Sacramento County Main Jail (which has much worse restrictions and living conditions than a federal facility, for which he is ultimately headed, will have). It also prolongs the wait we have to endure before we can start the appeals process, which can't begin until after sentencing. Please keep writing Eric! Your letters always help him through these difficult times. Information on writing Eric can be found here. Also, if you haven't already, please consider writing a letter to Judge England encouraging him to give Eric the lowest possible sentence. The US Attorney is still indicating that they will be pushing for the maximum sentence of 20 years. The judge needs to hear from Eric’s friends and family – he needs to know that Eric is a well-respected, honest, compassionate, non-violent person. It is important for Judge England to know that the acts charged in the indictment are out of character for Eric. Some things you might mention in your letter include: -How you met Eric and how you know him (through school, work, mutual friends, etc.); how long you have known Eric. -What you know about Eric's character, his reputation in the community; personal experiences you have had with him that illustrate important aspects of his character. -What you know about Eric's relationship with his family, his close friends, his partner - the people who will be his personal support when he is in prison and when he is released. Describe for the judge how these people will assist him through these difficult times. -How you personally will be able to help Eric get back to a normal life when he is released from prison, whether it is through helping him to pursue his education, remain employed, or establish a home. -Examples, from your personal knowledge, of what Eric has done in his life to help others, whether it is through activist work, charitable work, work for non-profit organizations, or personally helping you or someone you know with something. Specific examples of Eric's contributions to charitable, community, and non-profit organizations are helpful. -The judge may consider whether Eric is likely to commit another crime. If you have specific reasons to share with the judge to demonstrate why you believe that Eric is unlikely to commit another crime, please explain those in your letter. -The judge may consider whether to sentence Eric as a "terrorist" under certain provisions of federal law and sentencing guidelines. While this is largely a technical issue that Eric's lawyer will write about, you may wish to write to the judge about how Eric's case compares to other crimes and incidents that you are personally aware of that either have or have not been treated as "terrorist" incidents. -There may be other things you wish to say to the judge as well. Our suggestions are just that - suggestions. Please make sure you write in a polite, respectful manner to the judge. What not to write about Some topics are simply not helpful subjects of discussion in a letter to the Court related to sentencing. We ask that you not justify or rationalize the incidents Eric is accused of. We ask that you not compare Eric to others who have already plead to a crime and who are also facing sentencing.
Judge England Please DO NOT send your letter directly to Judge England. Instead, please send them directly to Eric’s lawyer: Mark Reichel Please mail your letter with your original signature as soon as possible. Again, letters should be sent to Eric’s lawyer, Mark Reichel, and not to the judge. Finally, we can end with some good news - Eric is still receiving two veggie burgers a night, and has also been getting breakfast items he can eat (such as oatmeal) and peanut butter sandwiches for lunch. While this is obviously nowhere near a "balanced" vegan diet, it is a huge improvement over his previous nutritional situation. Thanks to everyone for their phone calls, letters and emails to the jail! Eric couldn't have won this victory without your help. So thanks again for your continued support! Yours, 5 Reasons to write a letter to the Judge for Eric 1) This is the last big thing you are being asked to do before Eric's sentencing. 2) You have a chance to write one page that could help save our friend from being unfairly locked away in prison for twenty years. This is a chance to use whatever status, privilege, or prestige you might have in the eyes of society and put it towards supporting a targeted activist like Eric. 3) Because you don't want to live in a world in which targets of repression are not supported by their friends and their community. Because you don't want to see what would happen to free speech and civil liberties if we didn't support each other. 4) The decision over how many years Eric will spend in prison will ultimately come down to one person and you have a chance to express to him what Eric means to you. 5) Because you would want everybody to do this if you were in Eric's position.
Update 12/15/07 Vegan Food Victory! Great news from Eric... Dear friends, On Thursday, during an interview with his lawyer and probation officer for his Pre-Sentencing Report, Eric was visited by jail commander Scott Jones. Jones informed Eric that, effective immediately, Eric would begin receiving two veggie burgers every night for dinner (thus far he has only been receiving one). His breakfast and lunch situation will remain the same - he will continue to eat what he can from the trays they bring him. This arrangement will continue until the jail fully implements its new policy of providing vegan food to prisoners who request it! We are still figuring out the details and time-lines, but this is a HUGE victory for Eric and all of you who helped make this happen - as well as for future vegan prisoners. Eric would like to thank all of you for your support and hard work - he could not have done this without you. Again, we will send out more details as they become available. Also, please remember that Eric's sentencing is scheduled for January 24. Please consider writing a letter to the judge to urge the lowest possible sentence for Eric. The US Attorney is still indicating that they will be pushing for the maximum sentence of 20 years. The judge needs to hear from Eric’s friends and family – he needs to know that Eric is a well-respected, honest, compassionate, non-violent person. It is important for Judge England to know that the acts charged in the indictment are out of character for Eric. Some things you might mention in your letter include: (1)How long you have known Eric (2)How you met him and how you know him (i.e. school, work, mutual friends, etc.) (3)Any experiences you have had with Eric that demonstrate what you think are important aspects of his character Address your letter to: Judge England Please DO NOT send your letter directly to Judge England. Instead, please send them directly to Eric’s lawyer: Mark Reichel Please mail your letter with your original signature as soon as possible. Again, letters should be sent to Eric’s lawyer, Mark Reichel, and not to the judge. Thank you all for your hard work and support! SPS
Thanks to some great folks in New York (and the fellow who designed them!), Support Eric shirts will soon be available for purchase online. You can contact In Our Hearts directly, who produced the shirts. Orders or inquiries can be sent to inourhearts@gmail.com. They are selling them for $10 in person, $15 national mail order and $10 wholesale for orders over 10 shirts. Money from these shirts will go to Eric's legal defense. We will post more details soon and make them available for purchase here as soon as possible. But please do write to the above email address if you'd like to place an order now.
Let's all keep breathing...and keep fighting. Please click here for older support updates |
