| 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 Update 12/12/07 Letter and Analysis from Nutritionist Jack Norris Regarding Eric's Diet Correctional
Health Services Dear Correctional Health Services I am a Registered Dietitian and President of Vegan Outreach, a national organization with 30,000 members. I am writing regarding the case of Eric McDavid who is being held in the Sacramento Country Jail (x-ref 2972521). In April of 2006, I submitted a declaration for a temporary restraining order demanding Sacramento County provide Eric with vegan meals. Apparently, the jail capitulated and for 15 months, Eric was given vegan meals. A vegan diet means a diet that excludes animal products, and is normally followed because of the considerable suffering caused to animals in the production of such products. The diet prohibits meat, fish, dairy, and eggs. Vegan ideals are held as strongly by vegans as any religious person holds their religious practices. In my opinion, it is inhumane to make someone violate principles that they hold so dear and which are not hurting anyone else. It should be clear how seriously Eric McDavid takes the issue of not causing harm to animals by the fact the he is willing to endure great hunger for long periods of time in order to refrain from doing so. About 3 months ago, one week before Eric's trial, the jail resumed refusing to give Eric vegan meals. Since that time, Eric's weight has dropped from 180 lbs to 147 lbs. Eric is 72 inches tall which means that his Body Mass Index (BMI) is now 20.0. This is considered the very low end of healthy, with a healthy BMI being 20.0 to 25.0. His weight is likely to continue to drop on the regimen of food provided to him. I asked Eric to list a sample menu for a day (attached). I then calculated the vegan portion of these meals (attached) and analyzed them (attached) to find that Eric is only receiving 32% of his caloric needs. He is only receiving 37% of his protein needs, an average of 52% of his vitamins needs, and an average of 58% of his minerals needs. I also found out that Eric has possibly not received any source of vitamin B12 since he entered jail, which has been approximately two years now. It is very important for vegans to have a source of vitamin B12 through fortified foods or supplements. Serious vitamin B12 deficiency can often take two to three years to manifest, but once it does it can present itself very quickly and often lead to permanent neurological damage and even death. I encourage you to immediately make sure that Eric is given a supplement of vitamin B12. Any multivitamin would have vitamin B12, and he should take it once a day. I hope you will attend to this matter as quickly as possible and make sure that Eric has adequate vegan meals meeting nutritional recommendations and that he receives vitamin B12. Sincerely, Jack Norris, Registered
Dietitian Sample Menu for One Day of Non-vegan Meals Breakfast Lunch Dinner
Cereals, corn grits, yellow,
regular, quick, enriched, cooked with
Vitamins (52%) Minerals (58%) Lipids (9%)
Update 12/6/07 Dear friends, We just wanted to give you a quick update about Eric’s hearings. His hearing on the motion for a new trial, which was supposed to be heard today (the 6th), has been moved again and will now take place on January 10. His sentencing, which was recently moved to January 10, has been moved again to January 24. Thank you all for your continued support! Yours, Update 11/27/07 Eric Finally Receives Cardiologist Visit Dear friends, On Sunday we learned that the cardiologist finally made it in to visit Eric. Thank you to everyone who’s calls and emails were an integral part in making this happen. The doctor examined Eric and determined that he “very likely” had a case of pericarditis in the spring. As of right now, everything looks and sounds healthy with his heart. The doctor told him which medications he should request if the pericarditis comes back, and told him that if the jail refuses to provide these medications that he should request to be taken to UCD Medical Center. Eric has finally received the tests/examinations that he has been waiting for since last April, but he has not yet been allowed to review the results. Yesterday (Monday) Eric called to tell us that they took him down to the doctor to “officially” end his hunger strike. They also finally drew his blood to run tests. Now that Eric is eating and his heart condition seems to have passed (for now), it seems likely that the blood tests might serve only to absolve the jail of any responsibility for his previous conditions. However, if they test for the right things, they might be helpful in proving that Eric is in dire need of vegan food, as he is most certainly not getting the nutrition his body requires. Please continue calling the jail and demanding that Eric be given vegan food and that they allow him to review his medical records. Make sure you have Eric's x-reference number handy in case they ask for it (x-ref 2972521): Jail phone
numbers: 916-874-6752 or 916-874-6905 Captain Scott Jones: 916-874-5428 (This is the direct line for the jail commander and it may only be answered during business hours) You can also request to speak with Jail Operations Commander Douglas, as he is allegedly the person who will probably make the final decision about Eric's food. Thank you all for your continued support! Yours,
Update 11/26/07 Materials from Eric's Press Conference on 11/20/07 Statement for Eileen McDavid, Eric's Mother Statement from Jenny Esquivel, Eric's Partner Statement from Eric on the Hunger Strike Eric's Demands from the Sacramento County Jail Fact Sheet on the timeline of Eric's Food and Medical Situation
Update 11/23/07 Eric Ends Hunger Strike, Still Needs Your Help! Dear friends, Eric called this morning to tell us that he has ended his hunger strike. Today marked the two-week point in this leg of his struggle for vegan food. Further down is a letter he has asked us to send to you. Thank you all for your support these last two weeks! Based on the jail's response to our calls, it was clear that they were feeling the pressure. Unfortunately, this battle is not over. Eric is still requesting vegan food AND medical care from the jail. We need to keep calling to demand that he be provided both. Eric has decided he will finish the commissary food he has left in his cell, but will no longer be ordering items from commissary. This means that he will, once again, be subsisting off of what little food he can pull from his trays. Eric has tried this in the past. In fact, this is what he was eating before his recent hunger strike. During the two months he was doing so, he lost 20 pounds and suffered a bout of pericarditis. Clearly, this is not an acceptable diet. It is imperative that we keep calling the jail and and demand that Eric be given food and medical care immediately. Eric has still not received blood work. The doctors at the jail have told Eric's lawyer a number of times that the cardiologist was schedule to see Eric, but this has yet to happen. Eric needs to be given bloodwork, and to see a cardiologist immediately so they can properly diagnose the cause of his heart condition. When Eric was last weighed by the doctors at the jail, he weighed 147 pounds. This is the lowest his weight has been since he entered the jail, and it is dangerously low for someone of Eric's height and build. When Scott Jones was interviewed by the press on Tuesday (after a press conference held by his family, partner and supporters about his hunger strike – for statements from Eric, his mother, and his partner about his hunger strike, please check back soon, as these documents should be posted in the next couple of days), he repeated the jail's oft repeated lie that the jail does not have the resources to supply Eric with vegan food. Please remember that this is absolutely false. The jail provided Eric with vegan food for 16 months, and there is no reason they cannot continue to do so. Please keep calling the jail! When you call the Correctional Health Services Division about Eric's medical situation please request that they do the following things: 1) Give Eric the treatment they have promised. That means bloodwork and a visit from a cardiologist. Until they do these things, they will not be able to properly diagnosis the causes of and provide treatment for his heart condition. 2) Eric needs to be given full access to his medical records and the results of these tests. 3) Dr. Dutrick (possibly mispelled), the man in charge at medical services, should recommend that Eric be given vegan food for medical reasons (it would obviously improve his health). Scott Jones said in an interview with the Sacramento Bee that they will give prisoners vegan food with a doctor's order. 4) Dr. Dutrick should make a recommendation to the jail administration that inmates who refuse to eat non-vegan food should be given vegan food for medical reasons (clearly eating is healthier than starving) The phone number to the Correctional Health Services Division is: (916) 875-9782. You can also email them at: inmatepatientcare@saccounty.net When calling the jail administration about vegan food for Eric and future prisoners, request that they: 1) Provide Eric with vegan food immediately. His health is in very poor condition – he lost 20 pounds after they cut off his vegan meals, and suffered another bout of pericarditis – and this could be remedied by feeding him nutritious, healthy meals. They provided Eric with vegan meals for 16 months. There is no reason they cannot continue to do so. (Remember, they always say that they don't have the resources to provide “special” diets – but this is simply not true.) 2) Change the policy about vegan meals and ensure future access to anyone that refuses to eat non-vegan food. 3) Jail Commander Captain Scott Jones or Operations Commander Lt. Deputy Douglas needs to speak with Eric immediately about his requests so they can begin remedying the situation. Please continue calling the jail at the numbers below, and make sure you have Eric's x-reference number handy in case they ask for it (x-ref 2972521): Jail phone
numbers: 916-874-6752 or 916-874-6905 Captain Scott Jones: 916-874-5428 (This is the direct line for the jail commander and it may only be answered during business hours) You can also request to speak with Jail Operations Commander Douglas, as he is allegedly the person who will probably make the final decision about Eric's food. A Letter
From Eric upon reflection i noticed how procedure and policy had removed the humyn element in how the jail handled hunger strikes (as much as there was one in the first place), how my hospitalization was becoming unavoidable (irking at my just say no instincts 2 western “medicine”), & most important of all = something’s not feeling right in the direction i was moving. these relations have brought me 2 the point where i’ve decided 2 no longer protest in this fashion; in the spring of 06 it brought forth growth, seems like the soils of fall 07 may require a different type of seed. i also fully acknowledge that some cycles are meant 4 others 2 complete but i still have some time left within these walls. my intent was 2 B treated humanely in an inhumane system, perhaps that was my mistake – oh well = live, learn, adapt, think about it, think about it again & give it 1 more go (emphasis on the adapt bit) i wish 2 thank from the depths of my being all those who have supported me over the last 2 weeks with letters & contacting the jail on my behalf. i especially want 2 thank my partner, family and SPS for all their energies & support. Much love and solidarity, D Find Your
Joy
Update 10/31/07
Update 10/27/07 Motion for new trial and acquittal
Letter
from Eric 10/5/07 Below is a letter from Eric. We want to keep this short, and leave you with his words, but just a quick note: last night Mark filed a 28-page motion for a new trial/to acquit based on the errors made throughout the trial. Most of these have been discussed in previous alerts and court reports, with the exception of one. When the court issued it's answers on Thursday morning to the questions the jury asked Wednesday afternoon, the judge told the jury not to write down the answers, as the jury would be issued a type-written response upon their return to the jury room. The answer given to the first question in court (whether or not Anna was a government agent in August 2004) was an unequivocal "yes." However, the answer given to the jury upon their return to the deliberation room was a type-written "No." This clearly could have had alarming impacts on the verdict they decided upon in Eric's case. . . A letter from Eric... i've been told that my conduct has been seen by some as inspirational, i'm grateful to be able to provide a source of strength to those in my family who find themselves in a time of need - more so as being a part of their process of growth and self creation... but my behavior is, in a sense, selfishly borne - my intent originates from a perspective which encompasses my family and their future generations... though, the term "family" i don't utilize in a conventional or everyday sense - the bubble has expanded beyond the customary... it holds within it the micro and macro, all those with whom i have shared that muted and unblinking stare of understanding - be it on the streets, at a skillshare or class, concert, speech or march, rally, home-demo or a really free market - at a convergence centre, library, campsite, critical mass, on an on-ramp, alongside of a highway, at a rest stop, from a train, in a forest, a city park or square, or at a stream, river, lake, hot-spring or beach... this bubble also includes each and every one of those individual places - unique unto themselves in appearance, locality, time and energy/personality ~ as well as the non-humyn inhabitants therein, who aid in the continual self-creations of those environments... keeping that selfishness close to my Heart and mind is something i aim for - knowing that all my life i have been conditioned by our society to the contrary... during my ten days of "disciplinary isolation" last fall an idea made itself known to me ~ it was to create with that which is provided, not necessarily to its particular purpose, but to my own... this includes the pain which resides within my Heart due to the separation between us... i've come to see energy as the most malleable aspect of this reality, and the emotions that surge through our bodies can be utilized for any number of means and ends... painless stagnant can fester into hate and reaction - but utilized with a conscious and open intent it could nurture the catalysts required to move through our thresholds... hate is the death of joy and reaction is nothing more than unconscious reflex brought about by a certain stimulus (perceived or not) which induces predictable responses - in most cases, conceding to the terms and definitions of the initiator, allowing the stimulus to have affect, signifies it's success... conscious creations with the cycles of growth and health do not fit into the matrix of cause and effect - their qualities and forms flow through the rigid structures that seek to encapsulate, reform, define... ... i object to being pigeonholed (physically and figuratively) by cleaving to some marshal or warrioresque mantra that many have chosen when confronted with similar circumstances - what they chose is for their own personal path, what they've perceived as necessary for their survival... from where i stand, it feels that if i followed that train of thought i would be adhering to a path too well-worn ~ and don't get me wrong, i honor and respect those that have come before me who continue to adhere to the wisdom in their hearts, but those known trails can also be used by others that have scouted them for weaknesses ~ if experience has taught me anything, it's been to stick to the deer trails or create my own... another of my recent lessons has been to recognize the beneficent qualities of shape-shifting, as defined by terry tempest williams = "this has nothing to do with inconsistency. it has to do with seizing the moment, perceiving what is necessary in that moment ... knowing what each occasion demands, and standing our ground in the places we live..." ... but this is neither the time nor the place to fully delve into such things, for this letter has another intent... ... ... throughout this experience i have been in awe of the loving support given by family, known and unknown from around the country and the world, who have nourished me during this part of my journey ~ i've received such an inundating amount of mail that i haven't been able to respond to it all ~ there is no concept that can adequately express my thanx and appreciation to you all... ... to all of those unknown and unnamed beautiful individuals who have aided me on this case, i am impatiently waiting to thank you properly with a huge hug... ... christine, i haven't forgotten about the vegan dinner i promised... ... to my counsel mark, who's expertise in his field is unquestionable - his abilities, passion, and determination provide a wellspring of strength, especially knowing that he continues to fight for me - as he said on the 27th "it's only the openings of the third quarter" ~ the notion of gratitude doesn't begin to encompass the feeling in my heart, my friend, much love... ... to jed, my investigator/case manager/Elder, your energies vested into this case have been the bedrock of grounded exploration, balancing the sometimes frenzied and boisterous antics that accompany markus' high energy nature, thank you my friend... ... i'd also like to thank bob, my first investigator, for his time, company and aid working on the hours upon hours of transcripts with me over that first summer (which my partner and sister painstakingly gleaned from the shockingly abhorrent quality of fbi recordings)... ... the actions and aid of sac prisoner support have and continue to transcend any and all of my ideas concerning prisoner support groups and have been monumental in this experience on every conceivable front - too much love... ... the Love, Support, and Understanding of my Parents and Sisters goes beyond scope, simile, and metaphor - i Love you all ... ... and i Feel and Know in my Heart, Body, and Soul that my survival has been impacted to an inexpressible degree by the Love and Support of my Partner ~ and the intertwining of Our Paths has brought a Depth and Quality of Life i had never before imagined to exist - my Thanx transcend language and my Love, only a Beginning... ... ... my Thanx and Love 2 U All This is far from Over D find your
joy Update 11/18/07 Day 10 of Eric's Hunger Strike As Eric ends the 10th day of his hunger strike we would like to take the opportunity to thank everyone that is working to support him, to update you on his health and clarify where things stand with the jail. It has come to our attention that the Correctional Health Services Division has told people that they are attending to Eric's health properly and that there is nothing else that they can do. Though it is true that some of the things Eric is demanding must be authorized by the higher ups (such as Scott Jones), the jail medical staff can help remedy this situation in four important ways: 1) Give Eric the treatment they have promised. That means bloodwork, an ECG, and a visit from a cardiologist. This is not our idea of the treatment he should get, this is the treatment the doctors and nurses have said that Eric should get, or that they will provide. The doctors did finally give Eric an x-ray on Friday, but they did NOT discuss the results of the x-ray with him, or even show it to him. They also told Eric on Friday that they would be checking his vitals every day, but this has not happened since that time. 2) Eric needs to be given full access to his medical records and the results of these tests. 3) Dr. Dutrick (possibly mispelled), the man in charge at medical services, should recommend that Eric be given vegan food for medical reasons (it would obviously improve his health). Scott Jones said in an interview with the Sacramento Bee that they will give prisoners vegan food with a doctor's order. 4) Dr. Dutrick should make a recommendation to the jail administration that inmates who refuse to eat non-vegan food should be given vegan food for medical reasons (clearly eating is healthier than starving) These things should be very easy considering only one point involves the actual delivery of medical care, which seems to be their weak point. Once these things have actually been done (not just empty promises made to Eric) then there will be no need to call the Correctional Health Services Division any more. When calling the jail administration about vegan food, please request that they: 1) Provide Eric with vegan food immediately. 2) Change the policy about vegan meals and ensure future access to anyone that refuses to eat non-vegan food. 3) Scott Jones or Operations Commander Lt. Deputy Douglas needs to speak with Eric immediately about his requests so they can begin remedying the situation. Please be aware when you call the jail that they may tell you Eric is receiving medical care, or that he is receiving food. Both of these statements are false. As soon as either of these situations are remedied we will let you know. They may also tell you to call Eric's mother, or that she will call you. This is completely absurd, as most of you don't even know Eric's mother. The jail is merely attempting to reduce the amount of calls they are receiving. Do not let this deter you. If the jail wants people to stop calling, the solution is easy - provide him with quality medical care and ensure vegan food for him and future vegan prisoners. Eric is still rapidly losing weight - he has lost approximately 10 pounds in the last 10 days - and his medical condition is quickly deteriorating. He is still having problems with circulation in his extremities, his energy levels are quickly decreasing and it is becoming increasingly difficult for him to perform his normal, day to day functions. Please continue calling the jail at the numbers below, and make sure you have Eric's x-reference number handy in case they ask for it (x-ref 2972521): The phone number to the Correctional Health Services Division is: (916) 875-9782. You can also email them at: inmatepatientcare@saccounty.net Jail phone numbers: 916-874-6752 or 916-874-6905 Captain Scott Jones: 916-874-5428 (This is the direct line for the jail commander and it may only be answered during business hours) You can also request to speak with Jail Operations Commander Douglas, as he is allegedly the person who will probably make the final decision about Eric's food. We will
send out more details as they become available. Thank you all again
for your continued support! Update
11/14/07: Day 6 of Eric's Hunger Strike. As Eric enters day 6 of his hunger strike we wanted to give the latest news on his health and the response from the jail. Yesterday Eric requested to see the nurse because his kidneys hurt and his right tonsil was inflamed and bleeding. He was seen by the nurse today but they refused to examine his kidneys or his tonsils. They just took his vitals. He is 152 pounds which means he has lost 8 pounds since Friday. Last Friday Eric sent a message to the Dr. asking what would be the effect of taking the steriods they wanted to give him for his pericarditis if he wasn't eating. Today he received the utterly confusing response that he never had pericarditis so they would have no effect. Obviously this does not explain whether or not it is safe to take these drugs while hunger striking. Declaration of Raye Bellinger, M.D. regarding Eric's diagnosis with Pericarditis in April. We have a report that the direct line for Captain Scott Jones is 916-874-5428. He is the main jail commander and decides whether or not Eric gets fed and what policies should be in place for feeding other vegan prisoners. You may want to mention to him that states such as Florida have chosen to offer vegan meals as the special meal in all of their prisons. The jail has provided Eric with vegan food before and can do it again. Eric is hunger striking with the demand that he be given a garauntee of healthy vegan meals and that the jails policy be changed to provide vegan food for other prisoners that request it. Apparently the Correctional Health Services Division has been flooded with call about Eric's case. It appears they are just begining to be informed about this issue and take his dire medical situation seriously. A staff person from the Correctional Health Services Division and a man who identified himself as the Medical Director of UCD Medical Center both called Eric's mother today and asked her to tell people to stop calling. Eric's mother explained to them what Eric's condition was and why people were concerned. They both said they did not know about Eric's food situation. Be sure to mention the link between Eric's lack of food and his heart condition as well as his hunger strike if you call them. Here is the pertinent information for calling the Correctional Health Services Division. 1) Eric's x-reference number: x-2972521 (if they ask, he is housed at the main jail) 2) Eric needs to be given vegan food immediately. His heart condition is almost certainly linked to his atrocious nutritional intake, and until they provide him with healthy food, his heart problem will persist. Because Eric is demanding that they talk to him about changing their policy, it is imperative that they speak with him right away about working on an agreement. You should request to speak with Captain Scott Jones, the jail commander, about these issues. 3) Eric needs to receive an ECG, blood work and an x-ray ASAP. These tests are imperative to determining other possible causes of the pericarditis. Again, until they fully understand what is causing the condition, they will only be treating symptoms. The phone number to the Correctional Health Services Division is: (916) 875-9782. You can also email them at: inmatepatientcare@saccounty.net. On Thursday November 15 at 10am Eric with appear in Judge England courtroom for the hearing on his motion for a new trial. Thank you to all those who have been writing and calling the jail, it sounds like we may be finally getting through to them. It is important for them to know that they are being scrutinized and that there are many people that are concerned about Eric and will continue to be concerned until this situation is resolved. Everyday that this continues his health is in jeopardy. Thank you
for your support Update 11/ 13/07: Day 5 of Eric's Hunger Strike Dear friends and supporters, We wanted to give you the latest news about Eric’s medical and food situation. Things are still quite critical, and we need everyone’s help as Eric enters day five of his hunger strike. After visiting the doctor on Friday night, the jail began offering Eric the same medications he took for his pericarditis in the spring. Due to his hunger strike, however, Eric is declining to take the medication until the jail can tell him if there would be any adverse affects. They have yet to do this. While his heart condition persists, it has lessened in intensity. On Saturday he was finally able to lie down again, although when he called us this morning (Monday) he said he had trouble getting to sleep last night. His hunger strike is beginning to take its toll on his body. This morning he told us the circulation to his hands and feet is getting weaker, and eventually he had to get off the phone because his legs were tiring. Because Eric has not received vegan meals since a week before his trial in September, he is starting his hunger strike with an already weakened body and immune system. He informed us on Sunday that he has lost approximately 20 pounds in the last two months (he discovered this when they weighed him during his visit with the doctor). Despite this, Eric stands firm in his decision to continue his hunger strike. In fact, he has expanded the objectives of his hunger strike, and is now requesting the following from the jail: “A written, notarized and signed document consisting of the following agreement between the parties involved, i.e. myself and Sacramento County Main Jail: 1. A healthy provisionary diet will be provided by the jail that does not consist of animal products and byproducts a. This healthy, provisionary diet will be provided to individuals requesting it due to their moral, ethical and religious needs 2. Within the next three months dates will be allocated for the meeting of parties who fund, operate, manage and oversee issues dealing with the food services at SCMJ; whereas the central intent will be to secure the necessary steps in creating a complete vegan diet, as well as its implementation at the soonest possible date [There are currently models in place for vegan food in jails and prisons. Florida prisons recently made vegan diets available to everyone who needs a “special diet” (kosher, halal, Seventh Day Adventist, etc.) ] 3. This agreement would be binding to the current administration as well as all successive administrations” This means, in essence, that the jail must now not only feed Eric, but also must change their underlying policies about vegan food. This decision is motivated by Eric’s desire that no one have to endure this struggle in the future. All prisoners should be afforded their right to healthy, nutritional food – it is the jail’s responsibility to ensure that this happens. Eric knows this will not be an easy battle, and he needs all of us on the outside to support him as much as possible. There are a number of things you can do to support Eric at this time, including calling the jail, spreading the word about his hunger strike, and sending him letters of support. The most urgent thing you can do right now is call the jail and request they agree to Eric’s demands AND that they respond properly to his medical needs. Here are some things you should say when you call: 1) Eric's x-reference number: x-2972521 (if they ask, he is housed at the main jail) 2) Eric needs to be given vegan food immediately. His heart condition is almost certainly linked to his atrocious nutritional intake, and until they provide him with healthy food, his heart problem will persist. Because Eric is demanding that they talk to him about changing their policy, it is imperative that they speak with him right away about working on an agreement. You should request to speak with Captain Scott Jones, the jail commander, about these issues. 3) Eric needs to receive an ECG, blood work and an x-ray ASAP. These tests are imperative to determining other possible causes of the pericarditis. Again, until they fully understand what is causing the condition, they will only be treating symptoms. The phone number to the Correctional Health Services Division is: (916) 875-9782. You can also email them at: inmatepatientcare@saccounty.net. Their website says that they log all calls and emails to the Correctional Health Services Division and that you will receive a response within 24 hours (this has NOT been the case, as those of you who have called or emailed probably know). If you get an answering machine, leave a long detailed message, including your name and number if you would like to receive a call back You should also call the main jail line at: 916-874-6752 or 916-874-6905, leave a message with them, and also request to speak with Captain Scott Jones. Please spread the word about Eric and his hunger strike. The more people we have working for his health and safety out here, the more likely he is to receive the food and medical care he needs. We must not let the bars and concrete silence his voice, but to do that we must be vocal ourselves. We hope to post a flyer on the website soon that you can pass out around town or use at events. Encourage your friends and family to call and email the jail – it only takes a few minutes out of your day, but its critically important for Eric. This fight is not only for Eric’s life, but for all those after him who refuse to abandon their ethics and compassion in jail. And please keep writing Eric during this difficult time. Our letters help feed his spirit, even when his belly is empty… For guidelines and info on writing Eric at the jail, please click here. Our deepest thanks to everyone who has been calling and emailing the jail – we need you to keep it up! We’ll keep you updated on this situation as more information becomes available. Yours, Update 11/9/07: Eric on Hunger Strike Dear friends, Eric called this evening with an update on his medical condition. At 8:00 this evening he was called out to talk to a sargeant who discussed his medical situation with him. After this conversation, the sargeant sent Eric back to medical to be seen by a doctor. The doctor (a different doctor than the one he saw earlier in the day) took his vitals and acknowledged that he had pericarditis in the spring. She asked him if this felt like the same thing, and Eric said that it did. The doctor said she would request that blood work, an ECG, and an x-ray be done - but more than likely none of this will happen until after the holiday weekend (on Tuesday). She also went over with him the medication he received in the past and said she would put in a request that he begin receiving it again. Eric received medication at around 9:30 this evening. When Eric tried to discuss the cause of the pericarditis (more than likely, his diet) the doctor was evasive and sent him back to his cell. Because his diet is almost certainly a cause of the pericarditis, Eric has decided to begin a hunger strike, once again, to gain access to vegan food. The last "meal" he ate was at 8:30 am - a banana and two pieces of bread. The jail has provided Eric with vegan food in the past and there is absolutely no reason they cannot do it now. Please call the jail and request that Eric be given vegan meals immediately. The phone number to the Correctional Health Services Division is: (916) 875-9782. You can also email them at: inmatepatientcare@saccounty.net. You should also call the main jail line at: 916-874-6752 or 916-874-6905, leave a message with them, and also request to speak with Captain Scott Jones. Their website says that they log all calls and emails and that you will receive a response within 24 hours. If you get an answering machine, leave a long detailed message, include your name and number if you would like to receive a call back. When you talk to them (or leave a message) make sure you mention the following things: 1) Eric's x-reference number: x-2972521 (if they ask, he is housed at the main jail) 2) Eric needs to be given vegan food immediately. His heart condition will persist until the underlying causes are treated, and his nutrition is integral to this. 3) Eric needs to receive an ECG, blood work and an x-ray ASAP. These tests are imperative to determining other possible causes of the pericarditis. Again, until they fully understand what is causing the condition, they will only be treating symptoms. [When Eric visited the UC Davis Medical Center in the spring, the hospital requested that the jail do blood work to determine what might be causing the pericarditis. It is uncertain as to whether or not this ever actually happened.] Eric has not received vegan meals from the jail since one week before his trial - the beginning of September. It has been difficult for him to maintain his health since that time, with so little nutrition available. Because of this, he begins his hunger strike with a body whose health is already depleted. We cannot stress how urgent it is that the jail begin feeding Eric food he can eat, and that they fully address his medical situation. Thank you all for your continued support. For more
information about pericarditis, go to:
Update 11/9/07 Dear friends, This morning Eric called and informed us that his pericarditis woke him up at 6 am. He was having chest pains, trouble breathing, and was unable to lie down. Because of this, he went out for sick call and was given an EKG. The jail doctor told him that he was fine and that he NEVER had pericarditis - in direct contradiction to the diagnosis from the doctors at UC Davis Medical Center in the spring. When Eric asked to see the results of the EKG, the doctor refused and sent him back to his cell. Later, Eric requested to see the doctor again and they refused to see him. Eric's lawyer has filed a memo with the court and sent it to Scott Jones (the jail commander) and the US Marshalls Service. It is imperative that Eric be allowed to see a doctor and that he be given the proper medical care. Pericarditis can be a VERY serious condition - especially left untreated. It is URGENT that everyone call the jail immediately and demand that Eric be allowed to see a doctor and that they give him the medical care he needs. If the jail cannot provide this, they need to send him back to UCD Med Center where he can get the proper care. The phone number to the Correctional Health Services Division is: (916) 875-9782. You can also email them at: inmatepatientcare@saccounty.net. You should also call the main jail line at: 916-874-6752 of 916-874-6905, leave a message with them, and also request to speak with Captain Scott Jones. Their website says that they log all calls and emails and that you will receive a response within 24 hours. Make sure that you have Eric's x-reference number when you call: x-2972521. They might also ask for his location, which is the Sacramento County Main Jail. If you get an answering machine, leave a long detailed message, include your name and number if you would like to receive a call back. We are fairly certain that this recent flare-up of pericarditis is directly linked to Eric's atrocious diet. He is still not receiving vegan meals. His substandard diet consists primarily of small amounts of empty carbs, hydrogenated oils, and a bit of protein. It is crucial mention this when calling the jail about his condition, and demand that he be given vegan meals immediately. They have given him vegan meals and outside medical treatment before and can easily do it again, anything less could have severe repercussions for Eric's health. We will keep you updated about this situation as more information becomes available. Sentencing Postponed Eric's sentencing has been moved to January 10. This is an upsetting development, as Eric was looking forward to getting out of the Sacramento County Jail - once moved to a federal facility, his general living conditions will likely improve dramatically. He will probably have access to better food, more outdoor time, more social interaction, contact visits, etc. The longer we have to wait for sentencing, the longer we have to wait to start the appeals process. Please continue writing Eric during this time (details about writing Eric can be found here). This is proving to be a particularly difficult time for him, and he needs everyone's support. Also, please plan on coming to sentencing on January 10 to support Eric. We would love to have the courtroom full for him on this day. Finally, 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. Reminders and Miscellaneous Eric is still doing fine on books. Please refrain from sending him more until further notice. Eric's next hearing is still on calendar for November 15. This will be a hearing on the motion for a new trial and acquittal, which can be viewed on Eric's website. Earth First! journal recently published an article about Eric and his case. The article can be viewed online at: http://www.earthfirstjournal.org/article.php?id=326 Update 10/12/07 It has been two weeks since the jury found Eric guilty, and we are still trying to regroup and get ready for the next round. While this is going to be a long process – one which will require your help and support in a variety of ways – there is one thing that simply cannot be put off. The jail is still denying Eric vegan food. After enduring a two-week hunger strike in March 2006, Eric was finally given vegan meals on April 24, 2006. This lasted for 15 full months. Then, without any warning or reasonable explanation, the jail cut off Eric’s vegan meals one week before his trial began. Since that time, he has been surviving off the few options he can purchase from commissary (peanut butter, beans, chips…) and the little food he can pull off of the meal trays they bring him (usually bread and fruit – sometimes oatmeal in the morning). Clearly, this is not enough to constitute a healthy, balanced diet. It is the jail’s responsibility to provide Eric with the food he needs to remain healthy and strong. This is obviously something they are completely able to do, as they did so for 15 months with no problems. Eric has been contemplating what courses of action are open to him in this matter, but unfortunately, his options have become even more limited. The suit that Eric filed against the jail to secure vegan meals was dismissed by the judge, greatly diminishing any hope he had for redress in the courts. A hunger strike could be extremely risky due to the bout of pericarditis for which he was taken to the hospital in April. It is unclear whether his heart could handle the strain a hunger strike would put on his body – he could quickly end up back in the hospital, potentially with a VERY serious heart condition. Because Eric’s options are so limited, in the jail and in the courts, he needs support from the outside more than ever. This seems to be the only hope for change. In the meantime, Eric continues to lose weight, and his health will soon begin deteriorating. Please call the jail immediately and request that Eric be given vegan meals…again. When you call, be prepared to sit through a lot of ringing and possibly transfers. The person who made the decision to cut off Eric’s food before trial is Lt. Ilg, and the person who oversees him is Scott Jones. Feel free to request to speak to either of these people when calling the jail. It’s always helpful to have Eric’s x-reference number handy when calling the jail, in case the person you are speaking with asks for it. Eric’s x-ref is: x-2972521. You can call the jail at : 916-874-6752 Below are some things you might suggest while talking to the jail: 1)The jail fed Eric vegan food for 15 months with no problems. There is no reason they cannot continue to do so. 2)The jail is responsible for providing Eric with a healthy diet. Eric has made it clear that he will not eat food that is not vegan. As such, they will be responsible for any health problems that Eric suffers due to his lack of nutrition. 3)The jail cannot claim they are unable to provide Eric with vegan food due to associated costs. This is simply false. The jail is paid thousands of dollars by the feds to house federal inmates (such as Eric). They are profiting from Eric's incarceration (and let's face it, vegan food is simply cheaper to begin with...) In an affidavit filed with the court in March 2006, Eric wrote, “…my vegan beliefs and morality are animated by the way of living which shows a respect for all life, recognizing the rights of living creatures; extending to them the compassion and kindness exemplified toward people. It is a truly ethical relationship between humans and other living creatures. My vegan lifestyle is based upon my own health and my own ethical and moral underpinnings which I have arrived at conscientiously and I am firmly convinced it is the right and appropriate way to live. It is healthier for me and the planet I live on. It is as sincerely held to me as others hold their own religious beliefs.” Throughout his time in the Sacramento County Main Jail, Eric has maintained his integrity and resolve to live his life in the most ethical and compassionate way possible. Let's do our part to support him and ensure that he does not suffer for doing so. Please call the jail and request that Eric be given vegan meals immediately. And then call again, and again, and again – until this simple demand is met. Lastly, thanks to an outpouring of support, Eric is currently very well off on books. At this point, he's asking that people please hold off on sending any additional books until he's able to get through the ones he currently has. We will post an update as soon as he's able to receive more. As far as financial contributions, the best way to contribute to Eric is to donate to his legal defense; we are preparing to file an appeal and need to raise funds as quickly as possible. We are currently able to cover Eric's commissary needs. Thank you again for keeping Eric in your thoughts and doing so much to help him through this very difficult time. **T-shirts available! 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 here. 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. Sentencing 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 via Paypal here: Letters: Please continue sending Eric letters of support. You can get information on how to write Eric here. 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. Update
9/12/07 Please continue to call the jail and request that Eric be given vegan meals. We have been told that Lt. Ilg is responsible for the decision to deny Eric food. You may want to request to speak to him when you call. 916-874-6752 Please make sure that you
have Eric's x-reference number handy in case they ask for it: x-2972521 Update
9/10/07 Jail: 916.874.6752
And trial starts tomorrow. . . Please keep Eric in your hearts and minds as he begins this leg of his journey.
Please click here to read older support updates. Update
9/5/07 Please read on for the latest on Eric and his upcoming trial... Eric denied
vegan food....again Fundraising
List Volume After almost 20 months in Total Separation, Eric is very ready for his trial to get started. His strong heart and good spirits have constantly amazed us - he often seems to handle things better than those of us who are not locked behind steel doors and concrete walls. And while he is aware that this will not be an easy fight, he remains steadfast and secure in his decision to move forward with integrity and to fight these outrageous charges against him. Thank you all for standing with him, for supporting him, for sharing your love, your joy, and your outrage at injustices suffered. Yours, Update
8/30/07 Eric's trial is less than two weeks away and we want to make sure you are up to date on everything that is happening. On Thursday, August 23, Eric had his trial confirmation hearing. Trial is on for September 10, but the first day will just be jury selection. Opening arguments will start either the 11th or 12th. They are telling us that trial will probably last three weeks, but we'll probably only be in court Mondays, Tuesdays, and Wednesdays. We MIGHT be in court on some Thursdays and Fridays, but probably not. It originally looked like we would not be in court at all the week of September 17, but now it looks like we WILL be in court that week. Please keep these dates in mind if you are planning on attending any of the trial. Again, please let us know if you are planning on being here for trial, and make sure you come dressed appropriately for court. We'll keep you posted as more information becomes available. After a quick surge of incoming funds, we were able to meet the newest matching funds in less than 24 hours! Thanks to everyone who helped make that happen. However, things seem to have leveled off again and we now have less than two weeks to raise the remaining $1300 to meet our goal of $15,000. This is necessary to ensure that all of Eric's legal fees are paid. Please visit the fundraising page and donate today. Time is running short! Also, if you are considering coming to trial in September and you need a place to stay, we need to know when you will be here ASAP so we can begin making arrangements. Finally, please keep writing Eric! Your words of support and encouragement are needed now more than ever. Visit the "How You Can Help" page for Eric's address and the jail's guidelines for writing prisoners. Thanks to all of you. Your support and love has been invaluable over these last 19 1/2 months. Yours, Update
8/23/07 Update
8/21/07 Update
8/20/07 Time is running short. After spending more than 19 months in jail without having been convicted of any crime, Eric's trial is now less than a month away, and we still have much work to do. Please read on to find out how you can help... Fundraising September
in Sacramento Trial Confirmation
Hearing, August 23 Please stay tuned for updates as trial approaches. And keep those letters coming to Eric! Your continued support is felt and needed now more than ever. Yours, Update
7/19/07 Update
6/28/07 And please remember that these next few months will be particularly difficult for Eric as his trial date approaches. You all play an important role in Eric's struggle as his connection with the outside world. Please keep him in your thoughts - send letters, pictures, poetry. Send anything to remind him that people out here are thinking about him and supporting him. It makes a huge difference to him and helps keep him sane in an insane situation. Lastly, for any of you New Yorkers out there, Christian Parenti will be speaking at a fundraiser for Eric on July 5. Please check here for more details! Update
6/24/07
Click here to read text file version Update
6/19/07 A year and a half of Eric suffering through health problems and poor nutrition with no proper medical care and a complete lack of care and concern from the people responsible for his well-being. A year and a half of total separation - a category of custody at the jail that means Eric has been confined to his cell almost 24 hours a day, seven days a week, with no contact with the outside world - not even other prisoners. He rarely even gets to step foot outside, and when he does it's on the 4th floor of a building, with nothing but concrete under his feet. A year and a half of threats about Eric spending 20 years in jail. And then we think about Eric and his courage and strength and we're completely amazed. He has remained true to his principles - compassion and love and integrity - in the most dire of situations. A grueling two week hunger strike to gain access to vegan food. His stories about his interactions (very limited) with the other prisoners - sharing books and stories and helping each other in the small ways that must seem so huge in that cold, dead place. The letters he writes - which are somehow still full of joy and beauty and compassion. He has chosen life. With only a few months left until trial, we still have to raise $6000 for Eric's legal defense. His family has been paying his legal fees, but finally had to ask for help. We couldn't let the government continue imposing this huge financial drain on Eric's family, and so have been trying to fundraise the remaining $15,000 for them. We're right at $9000, but with only a few months left, we are in dire need of everyone's help and support. The response from around the world has been truly amazing and inspiring. People from across the globe have been writing Eric, sending him books, and donating money. But this final push is proving to be quite difficult. PLEASE, send whatever you can. We need to ensure that Eric gets the best representation possible, and unfortunately we can't do that without money. If you don't have time to organize a fundraiser (vegan bbq? art auction? bake sale? movie screening? show?), just send whatever you can. Every penny helps. Please keep in mind - this is about our civil rights being snatched from us. This is about government surveillance and cointelpro and the targeting of political dissidents. (If you haven't read the criminal complaint against Eric, we urge to you do so. It's very...insightful and available here.) And this is about Eric - a beautiful, amazing, inspiring individual. Eric is a non-cooperating defendant, which means he has chosen the difficult path. He knew this would not be easy - very few people take their cases all the way to trial. But Eric felt that this was the only principled decision - to fight these outrageous charges against him and the government repression from which they stem. You can make checks out to "Sacramento Defense Fund" and send them to: SPS We know some of you have already donated, and for that we are forever grateful. The outpouring of support from everyone has been amazing and inspiring, and has helped all of us through the last year and a half. Please keep Eric in your thoughts these next few months. And please these pages for updates. Matching
Funds Trial set
for September
Update 6/11/07 Due to Eric's approaching trial date, he has asked us to tell everyone that he might not be able to respond to letters in a timely fashion, if at all. Please do not let this dissuade you from writing! Eric needs to hear from you now more than ever to help keep his spirits high in these very stressful, emotional times. Please just know that Eric IS receiving your mail and don't take it personally if you don't hear back from him. And keep those letters coming! We should have more updates to post in the coming week, so please stay tuned... Update 4/25/07 On Monday, April 23, Eric finally had his hearing on the remaining defense motions. There were 21 motions heard on a variety of issues, including a number on 1st and 4th Amendment violations (to read some of the motions Eric's lawyer filed, please click here). Judge England made it through all 21 motions in less than 2 hours, systematically denying each and every one of them. He seemed to be very familiar with the governments arguments and agree with them. On February 27, Magistrate Judge Mueller heard Eric's discovery motions. Her order was issued on March 26 - denying all but 2 of the discovery motions. The motion to release Eric's co-defendant's presentencing reports was granted in part, as well as the motion to release proffers and communications between Eric's co-defendants and the government. While this is all terribly disappointing, we need to regroup and gather our energy for trial! The date is still set for July 2, and we have a lot of work to do before then. Eric's legal team will be hard at work preparing for trial, and we need to make sure they can continue to do their job effectively. Please keep fundraising! For more information on how to help, please click here Update 4/18/07 At the hospital on Monday, Eric underwent a series of tests to try and determine what might be the cause of the pericarditis. Unfortunately, the doctors decided that they would be unable to determine the cause without doing bloodwork - which they could not do in the emergency room. Eric was discharged from the hospital Monday night and sent back to the jail, with a request from the doctors to do bloodwork. We don't yet know if the jail has done this. Eric's lawyer visited Eric yesterday (Tuesday, the 17th) and reported back to us that Eric seems to be doing very well. We will continue to send out updates as new information about Eric's health becomes available. Update 4/16/07 On Sunday,
April 15, Eric ended his visit with his family early because of medical
problems. He was examined by the jail doctor and it appears he may
have a condition called pericarditis. Pericarditis is a swelling and
irritation of the pericardium, the thin sac-like membrane that surrounds
your heart. This condition often causes chest pain and other signs
and symptoms. For more information on Pericarditis visit: Apparently the jail began treating him with steroids and aspirin and his condition improved. His lawyer filed a motion to have him taken to the hospital so that he could undergo further testing and receive quality medical treatment. On April 16 the US Marshals sent him to the hospital immediately prior to his hearing on defense motions. For this reason the hearing has been moved to Monday, April 23, at 10am in front of Judge England. At the brief hearing where these decisions were made a trial date was set. Eric's trial is currently set to begin on July 2nd in front of Judge England. That gives us 2 1/2 months to raise the remaining $8,000 necessary for Eric's defense. We will continue to send out updates as new information about Eric's health becomes available. Please continue writing Eric during these times of struggle! Please click here for guidelines about writing Eric at the jail. Update 4/15/07 Eric's
hearing is still on calendar for tomorrow, April 16, at 10:00 am.
The hearing will be in the courthouse at 501 I Street in Sacramento,
courtroom 3 on the 15th floor. Please come show your support for Eric!
Make sure you come dressed appropriately for court, and let us know
if you have any questions. Weekend of Solidarity with Eric McDavid, May 5th-6th The last month has brought a flurry of fundraising activity. We have now reached the $7000 mark. Thanks to everyone who has helped make this possible. But now comes crunch time! We have less than a month before Eric's projected trial date, and we still have to raise $8000! We need your help! On May 5 we are calling for a day international of solidarity for Eric. On this day we will ask everyone to raise funds for and awareness about Eric and his case. We need your art, your music, your creative genius to help make Eric's struggle against this outrageous charge a successful one. Please consider holding a fundraiser for Eric on May 5. If you are planning a fundraiser, please be in touch with us. Below you will find a list of fundraisers, as well as materials to aid you in your fundraising efforts (support flyers, t-shirt designs, information about donations, etc). Please remember that Eric has now been in jail, pretrial, for 15 months. He has been in Total Separation, or solitary, that entire time. He needs your support now more than ever, as he prepares for trial. Let's think of this weekend as not just a means to raise money, but as a way to gather and create so much love and energy for Eric that it can reach him behind those concrete walls and help carry him through these most difficult times. Please click here for more information Updated
Flyer and Fundraising Benefit this Saturday! Schedule: In addition to fabulous finger foods by Joshua Ploeg the event will feature cider, live music and a talk by Eric McDavid’s lawyer Mark Reichel. Come prepared to buy art and take it home with you. Update
3/08/07 Update
1/23/07 Please consider organizing a fundraiser for Eric or donate directly through paypal to: sacprisonersupport[at]riseup[dot]net If you would like to send a donation by mail, make a check/money order out to: “Sacramento Defense Fund” and send to: Sac Prisoner Support (checks/money orders must be made out to “Sacramento Defense Fund” or we will not be able to deposit them) Update 1/16/07 Eric's
Lawyer Files 28 Motions, Tuesday December 19th MCDAVID,
ERIC X-2972521 4E231A For more ways to help, please click here Motions: Eric's
Birthday is on October 7! Update
9/14/06 Indictment
Posted Update
6/19/06: Eric has new address! MCDAVID,
ERIC X-2972521 4E 231A Eric's
First Vegan Meal! Thank you for your help in achieving this victory! Urgent Support Update 4/21/06 Eric McDavid is very ill and needs to see a doctor. He is passing out, losing weight rapidly and is unable to hold down most of what little vegan food he is given. After 98 days of pretrial incarceration, Eric is still being denied vegan meals by the jail. Now, after this protracted period of malnutrition Eric's health has taken a turn for the worse. A doctor and nutritional nurse within the jail have both suggested that Eric be given vegan protein shakes yet the jail continues to pretend that they are unable to accomodate his health and nutritional needs. Eric has not seen a doctor in over a week and his health has not improved. The cause of Eric’s poor health is not known because he is not getting proper medical attention. All that we know at this time is that Eric is ill, suffering from medical neglect and needs food he can eat to help recover. Please take the time to contact the jail and spread the word about Eric's condition. There is no excuse for this persistent medical neglect. Call the
Sacramento County Main Jail and demand immediate medical attention
and vegan food for: Sacramento
County Main Jail Sheriff
Lou Blanas Support Update 3/29/06 On Thursday, March 23, Judge England announced his decision to deny Eric’s bail, claiming that Eric poses a flight risk and a risk of danger to his community. These groundless claims were simply a rehashing of Judge Hollows’ previous decision to deny Eric's bail. We feel confident that Eric can still be granted bail, and will continue to work for his release. After two weeks of no food, and no recognition of any kind from the jail, Eric ended his hunger strike on Wednesday, March 22. His health had deteriorated to the extent that he was unable to focus on his case or engage in any meaningful activities with his lawyer, friends, or family. All other options being exhausted, Eric and his lawyer have filed suit against the jail to demand that he be given vegan meals. Please continue to call the jail and request that they honor Eric’s constitutional right to a healthy, vegan diet. Urgent
Support Update 3/19/06 Sacramento
County Main Jail Sheriff
Lou Blanas Support
Update 3/9/06 Without food from the commissary Eric had no protein sources in his diet and was living off of bread and frozen fruit. Then on March 8, Eric informed his lawyer he had stopped eating and began a hunger strike. Eric’s veganism has not been taken seriously by the court, but it is an important way of life for him. As he wrote in his declaration, “…my vegan beliefs and morality are animated by the way of living which shows a respect for all life, recognizing the rights of living creatures…It is a truly ethical relationship between humans and other living creatures…It is healthier for me and the planet I live on.” It is clear that the Sacramento County Jail has no such concerns. Eric’s attorney has been untiring in his attempts to improve Eric’s confinement conditions, while simultaneously working towards Eric’s ultimate release. He has appealed the denial of bail, noting in his written motion that Eric is not allowed outdoor exercise or vegan food, is having his mail held up and is being denied a wide range of privileges usually granted to pretrial detainees. Thus far these efforts have fallen on deaf ears. For the time being, we are asking that people continue to call, write and fax the jail to request vegan meals for Eric McDavid (x-ref #2972521).This is extremely important. Without any food or nutrition, Eric’s health will quickly deteriorate. In the past, jail personnel have lied to Eric’s supporters about his health and his food. Please familiarize yourself with the facts and do not be deterred. In addition, we are asking all of Eric’s supporters to write letters to Judge England via Eric’s attorney Mark Reichel, and ask that he issue an order to the Sacramento County Jail, that they provide Eric McDavid with vegan food daily for the remainder of his time there. Please
DO NOT send your letter directly to Judge England. Instead, please
send them directly to Eric’s lawyer: Please
include the following at the top of your letter: How you can contact the jail to request he be given vegan meals: Sacramento
County Main Jail Sheriff
Lou Blanas Please email info@supporteric.org with any questions. Eric's
declaration to the
court about his food situation at the Sacramento County Jail. Support
Update 3/6/06 On March 2 we learned that Eric McDavid (x-ref #2972521) has decided he will no longer purchase food from the commissary to supplement his diet. It is the jail's responsibility to provide inmates with the proper nutrition - THEY need to provide him with protein. What he buys from the commissary is already barely enough to live on. After nearly 2 months of incarceration and constant requests by Eric, his lawyer, friends, family and people all over the world, the jail has still refused to comply with Eric's request for a vegan diet. Without the protein sources from the commissary (peanuts, peanut butter, and refried beans), Eric will no longer be getting ANY protein in his diet. The only food he receives from the jail that he can eat is frozen fruit and bread. Occasionally they bring him vegetables, but these are usually cooked in butter, making it impossible for him to eat them. He has already stopped exercising due to loss of energy and lethargy. The deterioration of his health will quickly accelerate now that he no longer has any protein sources. We really need everyone to call the jail and inquire about the protein shakes that the jail nutritionist recommended for Eric over two weeks ago. Though these shakes are necessary for Eric’s health, the request was denied by the jail doctor. When contacting the jail insist that he receive the protein shakes. You should also make the general request that he be given VEGAN meals. When talking to the jail, you should know that Eric has informed the jail he will NOT communicate with them about these issues. To avoid confusion and miscommunication, he has requested that all of their inquiries about his food be directed to his lawyer. If the person on the other end of the phone line says they talked to Eric (and, of course, they always say he's fine!), you should know that the jail is lying to you. Please take the time to make this quick phone call - Eric's health depends on our persistence in this matter. Sacramento
County Main Jail Sheriff
Lou Blanas Support
Update 2/23/06 The primary factors that the judge will be considering when deciding whether or not to release Eric is whether or not he is a danger to the community and if he will be a flight risk. Among the things you may wish to write about in your letter are: (1) How
long you have known Eric Address
your letter to: Please
DO NOT send your letter directly to Judge England. Instead, please
send them directly to Eric’s lawyer: If you have any questions, please write us at info@supporteric.org Thank you! Support
Update 2/3/06 Sacramento
County Main Jail Sheriff
Lou Blanas |
