No Pepper Spray on Nonviolent Protesters

Audio Page

Minor revision 3/27/06

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KMUD News Dec. 2, 2005 on agreement near to settle (posted 12/8/05)

KMUD News' Estelle Fennell  interviews attorney Dennis Cunningham about the agreement in principle to end the case by a settlement.

Running time is about 6 min.

Click here to stream a 24kpbs MP3 file
or click on the link below to download and then play  - (1.1 MB)

KMUD News Aug. 12, 2005 on attorney fees ruling
(posted 8/14/05) 

KMUD News' Estelle Fennell  interviews Spring Lundberg and attorney Dennis Cunningham about the meaning and interpretation of Judge Illston's ruling that defendants must pay some as yet undecided amount of activists' attorney fees. 

Running time is about 8.5 min.

Click here to stream a 24kpbs MP3 file
or click on the link below to download and then play  - (1.5 MB)

KMUD "Women On Wednesday" May 4, 2005, with Plaintiffs Maya Portugal and Spring Lundberg and Juror Conni Chandler
(posted 5/4/05)

Plaintiff Maya Portugal, who was barely 16 years old when she had pepper spray drenched Q-tips put in her eyes, talks about how the experience changed her. Plaintiff Spring Lundberg talks about the meaning of the jury's unanimous verdict. Juror Conni Chandler gives some inside details about the jury deliberation.

Running time is approximately 28 minutes.

Click here to stream a 24kpbs MP3 file
or click on the link below to download and then play   - (4.9 MB)

KMUD News Report on Verdict and Interviews 4/29/05 (posted 5/2/05)

KMUD News Director Estelle Fennell gives a detailed report on the verdict, including interviews with Spring Lundberg, Dennis Cunningham, Humboldt Sheriff's spokesperson Brenda Gainey, and juror Conni Chandler. 

Spring said the jury verdict, "a resounding yes, it is excessive force" is very important for preserving the public's rights against police misconduct. She called for public opposition to any appeal by Humboldt. 

Dennis said the verdict and the Court of Appeals ruling in this case a few years ago should give Humboldt law enforcement pause if they think they can use pepper spray again as they did in 1997. He said if they do "we'll be back in court again." He said the verdict upholds the principle that "you don't use force and violence on people who are passively resisting." He noted that since this suit was filed the sheriffs have continued using a power grinder to remove locked down protesters rather than pepper spray.

Ms. Gainey said the sheriff's department attorneys are "still sorting out what this verdict means and what steps the county might take." She indicated an appeal is one step they could take. 

Juror Conni Chandler said the police videotape of the sit-in protesters -- especially Spring -- being roughly handled and swabbed with pepper spray at Pacific Lumber offices in Scotia was one of the most powerful pieces of evidence for the jury. She also said the testimony of plaintiffs' police practices expert, retired police chief Anthony Bouza, was powerful and helped cement her view that what the Humboldt officers did was excessive and wrong. She feels the jury helped set a precedent that "nonviolent people should not have violence used against them."

Running time is approximately 13 minutes.

Click here to stream a 24kpbs MP3 file
or click on the link below to download and then play  - (7.1 MB)

Tony Serra Interviewed by David Grace about Pepper Spray Trial Victory - Indymedia Radio - 4/29/05

J. Tony Serra, one of the lead attorneys for the civil lawsuit against Humboldt County's Sheriff's Department and the City of Eureka, CA, is interviewed by David Grace on Indybay Radio after the Federal District Court jury returned a unanimous verdict for the plaintiffs.  Tony Serra has also been attorney for Black Panther leader Huey Newton, various American Indian Movement figures, Bear Lincoln, Symbionese Liberation Army member Russell Little, and Earth First!ers Judi Bari and Darryl Cherney among others. 

This interview was conducted the day after the jury returned their verdict. The total running time is 40 min.

Click here to stream a 24kpbs MP3 file
or click on the link below to download and then play  - (7.1 MB)

For a higher quality file for downloading, go to the original 22 MB 44.1 KHz file on the San Francisco Bay Area Independent Media Center at 

KMUD News interviews lead counsel Dennis Cunningham at end of second week of trial - 4/21/05

KMUD News Director Estelle Fennell reported that on Thursday plaintiffs for the first time were able to use the testimony of a police expert witness, former police chief Anthony Bouza. Lead counsel Dennis Cunningham was interviewed and said Bouza was a great witness for the plaintiffs, "very dynamic, persuasive and authoritative," and he said essentially "You just can't do that" because there's no need for force under the circumstances. Before trial the defense tried very hard to bar Bouza's testimony, but in cross-examination "I don't think they laid a glove on him," Dennis said. Things are getting very exciting as the trial near its end, Fennell said. Plaintiffs announced they have subpoenaed former Atty. Gen. Dan Lungren to testify on Monday, April 25. Dennis explained that Lungren wrote letter in 1997 that's "very strong medicine for us."  The judge said the letter couldn't be used because it's hearsay, but if we brought Lungren in to testify that might be different. Lungren's 1997 letter said the direct swabbing and close-up spraying of pepper spray was not accepted police standards and was in conflict with POST training. Dennis said the chance that Lungren will actually testify is "slim to none" because Lungren and the current Atty. Gen. Bill Lockyer are moving to quash the subpoena. Dennis said he was not clear why Lockyer is representing Lungren in this matter. The defense will be putting on their case next week.

Click here to stream a 24kpbs MP3 file
or click on the link below to download and then play - (1.3 MB)

KMUD News Interviews 2004 Juror Helen Moyot - 4/15/05

In this 10 minute news segment, KMUD's Estelle Fennell interviews 2004 trial juror Helen Moyot, who is attending the current trial. Ms. Moyot said watching the police video again brought back her jury experience. She feels there was definite abuse, particularly in the Riggs office incident, both in the use of pepper spray and the way deputies physically handled the protesters. She believes that the attitude of the sheriff's office grew increasingly aggressive as the three incidents progressed. She says the two holdout jurors in the 2004 trial had their minds already made up when deliberation started. They never justified their position other than to say the police could use whatever force they felt was necessary to effect an arrest. They refused to deliberate as Ms. Moyot felt they should have. Looking at the new jury now hearing the case, she says she can't pre-judge them. She was fooled last time, so why should she think she could guess how these jurors would think. Asked if she felt in the spotlight when on the jury, she said the most uncomfortable time for her was when the jury entered and exited the courtroom and everyone, including the judge, stood up in respect and watched them. She really wants the plaintiffs to win this time. This is the first case that she has ever taken a real interest in, because it somehow got to her.

Click here to stream a 24kpbs MP3 file
or click on the link below to download and then play    (1.7 MB)

KPFA Saturday Talkies Show with Spring and Jury Foreman Feigenbaum - 4/9/05
(posted 4/11/05)

In this 19 minute segment, plaintiff Spring Lundberg and second-trial jury foreman Elliott Feigenbaum, M.D., talk about how two holdout jurors caused a mistrial in the September 2004 second trial and what will be different about the coming third trial that starts April 12, 2005. The show is hosted by KPFA programmer Kris Welch. This is a longer, fuller discussion than the shorter appearance on the Morning Show three days earlier, linked below.

Click here to stream a 24kpbs MP3 file
or click on the link below to download and then play   (3.4 MB)

KPFA Morning Show with Spring and Jury Foreman Feigenbaum - 4/6/05
(posted 4/7/05)

In this 8 minute segment, plaintiff Spring Lundberg and Elliott Feigenbaum, M.D., the foreman of the jury in the second trial, talk about what hung the previous trial and what's different about the coming third trial that starts April 12, 2005.

Click here to stream a 24kpbs MP3 file
or click on the link below to download and then play  - (1.4 MB)

Tantamount to Torture: Pepper Spray and Activism

The 30-minute Making Contact radio program for June 30, 1999, is an in-depth look at the use of pepper spray against activists. Our case is featured, and the audio includes sound from the police video of pepper spray torture. 

To listen to the full program online, click to stream a Real Audio file. (Requires free RealPlayer. See Audio Help below)

 This program has been deleted from the Making Contact website archive, but you can listen from our server at the link above. (added 8/31/04)


The items below relate to the 2004 and previous trial and appeals

KMUD News - Hung Jury - 9/22/04
(posted 9/27/04)

This 15 minute report of the trial outcome includes an interview with paralegal Alicia Littletree. She talks about what she heard from the jurors, including the fact that the first jury vote was 6-2, and it never changed. The two jurors who supported the cops accepted all defense arguments and rejected all plaintiff arguments. Alicia said she was surprised that she felt disappointed but not discouraged by the outcome. She is ready to keep fighting, and sees the same attitude among the plaintiffs and legal team. She noted that there were no African Americans on the jury panel, the very group that witnesses the most police misconduct. She said Sheriff Philp should note the 6-2 jury vote that his pepper spray use policy constitutes excessive force, and he should change it if he wants to be reelected in two years.

Click here to stream a 20kpbs MP3 file
or click on the link below to download and then play  (2.1 MB)

KMUD News - Case Goes to Jury - 9/21/04
(posted 9/27/04)

This 13 minute report includes interesting interviews with attorney Tony Serra and plaintiff Sam Neuwirth. Veteran lawyer Tony talks about closing arguments by both sides and gives his analysis of the jury, including a cautiously optimistic prediction. Sam, a Humboldt County organic vegetable and dairy farmer, speaks eloquently about how he got involved in the protests, including seeing cumulative impacts of PL clearcutting, especially flooding and siltation. He comments on the limitations of the legal system, but says the trial effort and solidarity was inspiring, empowering and a good omen for the movement. 

Click here to stream a 20kpbs MP3 file
or click on the link below to download and then play (2.0 MB)

KMUD News Trial Update and Interviews - 9/16/04
(posted 9/19/04)

Here is another excellent 11 minute report including a trial update and interviews with plaintiff Terri Slanetz and attorney Tony Serra. The final 90 seconds of the segment is missing due to poor radio reception, so the ending is rather sudden.

Click here to stream a 24kpbs MP3 file
or click on the link below to download and then play (1.9 MB)

KMUD News First Day of Trial Report and Interviews -  9/9/04
(revised  9/12/04)

Here is an excellent 15 minute report on the first full day of trial with interviews by KMUD News Director Estelle Fennell with our media coordinator Karen Pickett, lead attorney Dennis Cunningham, and plaintiff Maya Portugal.

Click here to stream a 24kbps MP3 file
or click on the link below to download and then play (2.4 MB)

New song from Plaintiff Spring Lundberg
(posted 9/6/04)

Spring Lundberg's new single  Up To Us is a spunky folk-rock tune about personal change and social change being interwoven, and ultimately being up to no authority, but really just "up to us." Do it yourself!

Spring has been a radical folk musician since the age of 16, when she began learning movement songs and playing at logging road blockades, campfires and rallies. One of her memorable gigs was to play with Bonnie Raitt at the 1997 Headwaters Forest Rally for thousands of protesters.

Credits: Spring - vocals and guitar; Michael "Tofu" Schwartz - Drums; Dave White - Djembe; Leib Ostrow - mandolin; Sudinanda - Bass and sound engineering; recorded at Dragonfly Studios - Big thanks to Leib Ostrow and Sudinanda!

For broadband connections only you can 
click to stream Up To Us in high-quality stereo M4A format 
or for dialup connections click the following link (or right click to save to disk) to download and then play (2.6 MB file)

Click here for the lyrics.


KTVU-TV story and interview with Spring Lundberg and Bob Bloom sets stage for second trial (posted 9.7.04)

Plaintiff Spring Lundberg and attorney Bob Bloom were guests on KTVU TV's Mornings on 2 program Tuesday morning, Sept. 7, 2004. At this writing you can still view video on demand of the 6 min. interview segment and read a news service story about our case at 

Attorney Dennis Cunningham interviewed about the coming trial on KMUD radio news 8/20/04 
(posted 8/30/04)

Lead Counsel Dennis Cunningham answers questions about what the case is about, what we're asking for, and what issues will be covered in the August 2004 pretrial hearings.

Click here to stream the 10 minute MP3 audio file

or download the 1.2 MB MP3 file for later playback 

Alicia Littletree and Plaintiff Spring Lundberg talk to KMUD radio news 5/8/03 about the appellate stay order. 

Listen to the 4-1/2 minute KMUD news segment (posted 5/9/03)

Click to stream the KMUD News MP3 file

or download the file for later playback trial_stay_alicia_spring_20kbps.mp3


Pacific Lumber "Ecoterrorist" propaganda radio ad (posted 4/23/03)

We had a motion pending (granted later by the appeals court) to move our second trial back to San Francisco due to the high level of political turmoil and polarization in the community over timber related issues. The main reason for that polarization is over a decade of Maxxam/Pacific Lumber "scare and smear" propaganda campaigns  aimed at keeping community members fearful and hateful of environmentalists. The evidence presented to the court included a recording of a then current Pacific Lumber propaganda commercial that portrays environmentalists as "ecoterrorists" to be feared and loathed by all decent citizens. You can listen to part of a KMUD News segment about it, including a 60 second PL scare ad, from the links just below. (Turn up the volume and bass to get the full effect of the horror movie background sound, designed to stimulate an involuntary visceral fear response.)

Click to stream PL Ecoterror Spot MP3 file
or download the file for later playback 


Spring and Alicia on KMUD, Feb. 12, 2003

Plaintiff Spring Lundberg and paralegal Alicia Littletree were guests on KMUD radio's Women on Wednesday program on Feb. 12, 2003 to talk about the case, including a brief history, why it's important, and what's going on now to try to bring about a settlement that ends the use of pepper spray on nonviolent protesters by sheriff's deputies and police in Humboldt County. The segment is 23.5 minutes long and 2.8 MB in size.

Click to stream a 16 KBPS file
or use the link below to download and then play

Our thanks to KMUD Radio, Redway, California, and to the hosts of Women on Wednesday for this program.


  Liz Davidson's KMUD listener editorial

Liz's excellent "All Sides Now" commentary aired on KMUD-FM  Feb. 18, 2003

Click to stream an MP3 file  (2.5 minutes playing time)

Or download the file:  (430 KB)

Our thanks to Liz Davidson and KMUD.

You, too, can do an All Sides Now; see our What You Can Do - Action Page.

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