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Pacific Lumber Fails to Present Proof of Ownership 10-20-05 For Immediate Release - Contact: Jen Card (707) 445-5831 Court Allows Treesitters to Sue for Invasion of Privacy and Forcible Entry Pacific Lumber Fails to Present Proof of Ownership Eureka, CA - Former Northern California treesitters who are counter-suing in a lawsuit brought by Pacific Lumber (PL) won a ruling from Superior Court Tuesday that will allow them to pursue allegations of Invasion of Privacy and Forcible Entry, stemming from their forced removal from ancient redwood trees in 2003. The case already includes claims of assault, battery, false imprisonment and civil rights violations, all of which have survived previous objections by PL. PL claims to be the lawful owner of the old-growth redwoods which the activists were occupying to prevent their cutting, but following Tuesday's hearing, PL's ownership remains in question. Attorneys for PL had promised to bring documents proving ownership before the court but failed to do so on Tuesday. Most of the trees were cut following removal of the activists. The Tuesday hearing also included arguments over controversial "head cam" video footage that was shot by hidden cameras mounted on the helmets of PL-hired "treesit extractors" during the tree-top removal of activists. The court ruled that lead extractor Eric Schatz could not block activists' access to the footage, though activists are barred from copying or distributing the videos. Schatz has fifteen days to produce the footage. The Court also ordered Schatz and other Extractors to respond to discovery questions seeking additional evidence such as who provided metal handcuffs used on activists as they were lowered from trees. Extractors were further ordered to produce receipts, memos, and other documents associated with climbing and recording equipment, as well as treesit-related communications between Extractors and Humboldt County Sheriffs. Activists claim Extractors and PL misused power given them by Humboldt County Sheriffs when they bound and removed treesitters from ancient trees to make way for logging above the sediment-choked Freshwater Creek. On March 17, 2003, more than 30 sheriffs, CHP and Eureka Police enforced an unauthorized 8-hour road closure near the treesits to prevent witnesses from seeing the extractions of two long-term treesitters, one of whom had not touched the ground in 361 days. The Sheriffs' Action Plan for the extractions reveals police provided generators, restraint devices and other tools. Witnesses were pepper sprayed, arrested, and served with the lawsuit. About 15 treesitters were removed and arrested during the following days and weeks. The case is called Pacific Lumber et. al. vs. Remedy et. al. PL is represented by law firm Mitchell, Brisso, Delaney & Vrieze, which also represents the county of Humboldt in the Federal trial of the "Pepper Spray 8" who successfully sued after police swabbed their eyes with pepper spray during 1997 protests against PL. The Extractors are represented by Carter, Behnke, Oglesby and Bacik, who represent PL in their suit against the Water Quality Board, and in other suits involving environmental violations. Two of the cross-complaining treesitters are represented by Kosmal & Acosta. The other three represent themselves.  << Back to Press Release Archive | Latest Press Release | Newsroom Subscribe Get action alerts, updates, and other important news in your email inbox by signing up with your email address here: Learn more about events | See the BACHList FAQ |
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