2 California newspapers challenge gag order on Earth First! jurors

By The Associated Press

06.19.02

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OAKLAND, Calif. — Two newspapers have filed a motion to lift a gag order imposed on jurors in the federal lawsuit two Earth First! activists brought against the FBI and Oakland police.

U.S. District Judge Claudia Wilken told jurors they could not discuss the case with anyone other than their families until all appeals are completed — a process that could take years.

The San Francisco Chronicle and The Oakland Tribune asked Wilken on June 17 to vacate the gag order, arguing it violated the jurors' First Amendment rights, did not satisfy the legal requirements for restraining speech and lacked procedural safeguards.

The jurors last week returned a $4.4 million verdict in favor of the two environmentalists, Darryl Cherney and the late Judi Bari. The jury found that six federal agents and police officers investigating a 1990 bombing in the activists' car violated the pair's constitutional rights.

The gag order will keep lawyers from finding out why jurors came to their decision — information that could be useful in appeals. It also prevents jurors from talking to the newspapers about their deliberations.

The newspapers asked Wilken for a hearing on the matter no later than June 21.

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