Occupy Eureka Exposes District Attorney's Secret & Outrageous Premise for Police Actions Against The Nonviolent Protest Contact: occupyeurekamedia@gmail.com, (707) 442-7465 Eureka, CA: Recently, through a California Public Records Request, Occupy Eureka uncovered documents showing the unlawful government conspiracy to vilify and suppress the Occupy Wall Street demonstration in Eureka, most notable of the documents being the Humboldt District Attorney's initial November 2nd direction to clear the Occupy protest tents in front of the courthouse due to a fear of hidden explosives. Although District Attorney [DA], Paul Gallegos, repeatedly states that he does not believe that the protesters are harming anyone or any property, he nevertheless directs county and city police action warning that We only need one McVeigh guy... and the whole seat of the government is gone. Occupy Eureka protesters want people to know the truth behind the police actions, beginning over two months ago, which continue to prohibit almost every form of first amendment expression in front of the Humboldt County Courthouse. We are dedicated to nonviolence and are disgusted at the Humboldt DA's conflation of dissent with explosives and his attempt to paint our protest as a threat of terrorism explains one Occupy Eureka participant. Since the original order from the DA, which contained no allegations of protesters breaking laws, the Eureka police, county officials, Sheriffs' deputies, and DA's office have carried out an unlawful campaign of civil rights violations including militarized police raids, wrongful arrests, unrelenting theft and harassment, and false criminal prosecutions. While the DA's secret and baseless premise for police action against the demonstration is surprising, it follows a trend of indifference to the constitutional rights of the Occupy protesters and a national trend of violently criminalizing and incarcerating . Leading up to the first raid on November 7th of Occupy Eureka's nonviolent protest, local mainstream media and the Eureka police attempted to publicly smear Occupy demonstrators through spurious allegations of pooping and peeing on a bank and theft of an old drug store sign (that had been been recovered from a dumpster). In reality, however, the emails obtained via the CA Public Records Request clearly indicate that Eureka interim police chief, Murl Harpham, had been ready with a plan to suppress the protest and DA Paul Gallegos gave the 'go get em' directive and continues to sanction a paranoid and unlawful stifling of dissent. Occupy Eureka is in the 93rd day of its Occupy Wall Street nonviolent protest in front of the Humboldt County Courthouse, where expression of almost every first amendment freedom has been restricted. Hundreds of signs and banners representing our freedom of speech have been confiscated. The police raids and harassment show that Occupy protesters are not allowed to peaceably assemble or petition our government to redress grievances. Occupy Eureka demonstrator Bill Douglas states The characterization of Occupy protesters as terrorists is outrageous and sets an Orwellian precedent for the suppression of civil liberties in Humboldt County. We call for an end to harassment of the Occupy Eureka protest by local police and local officials. Press packets are available through email, by request: occupyeurekamedia@gmail.com Statement from Occupy Eureka January 2011 It has come to our attention that the Humboldt County District Attorney is indulging in paranoid speculation. In an Email with the subject line, tents outside of the courthouse the DA raises the possibility of a sinister threat to county government posed by tents on the lawn. Following in the despicable tradition of Joseph McCarthy and Richard Nixon, he speculates on the possibility of explosives or otherwise dangerous materials in tents. He states, ...nor are we aware of who occupies those tents. He clearly states several times that he has absolutely no basis for these suspicions: I do not believe that any individual out there intends to do any harm to the county government, county property or any individual. We are still waiting for the county to produce any other Emails as well as the details of any meetings that this speculative fear must have generated. Initiating the arrest of 13 people and the confiscation of their property based on something that he clearly knows to be false has opened the taxpayers of this jurisdiction to costly civil actions as well as possible criminal penalties. The District Attorney is fully aware that this is a nonviolent movement. The facilities manager and the police freely moved about the occupation without interference by the protesters. He was invited to visit the occupation and attend our open-to-the-public general assemblies to see that those occupying the tents were peaceful protesters including members of the houseless community who have been struggling for basic human rights with this county for years. We conduct ourselves in a transparent system for any person to see and participate in. He asks that the tents be removed, as soon as possible while citing no ordinance being violated and no basis for his reckless speculation. He put into motion a police raid that occurred on the 7 th of November with no facts and he states clearly that he has no reasonable basis for his suspicion. There have been no violent acts at any of the occupations except those committed by the police, and any attempt to conflate nonviolent political protest with terrorism is an affront to democracy. We are therefore demanding that the District Attorney publicly repudiate this wild speculation and tell the public the real reason for the continued harassment of the occupy movement. Gallegos, Paul From: Sent: To: Cc: Subject: Mike/Phil: Gallegos, Paul Wednesday, November 02, 2011 12:53 PM Downey, Mike; Smith-Hanes, Phillip Ruth, Carolyn; Chaitin, Wendy; Neel, Kelly Tents Outside of the Courthouse Please be advised, I believe the continued presence of tents outside of the courthouse presents a profound public safety risk. Specifically, the courthouse is, in effect, the seat of all Humboldt County government. Directly outside the seat of all Humboldt County government are several tents that are occupied, or not, that contain items and/or materials that we do not know of. Nor are we aware of who occupies those tents. While I do not suspect that any of those tents contain any explosive or otherwise dangerous materials, I cannot confirm that they do not and I do not believe that we can allow the risk of such an occurrence to continue. Further, while I do not believe that any individual out there intends to do any harm to the county government, county property or any individual, I cannot confirm that they do not and I do not believe we can allow the risk of such an occurrence to continue. While I do not wish to appear to be an alarmist, any one of those tents could conta.in materials that are harmfufto individuals and/or property. Further, any one of the individuals out there could desire to harm individuals, county government or governmental property. If one of them did and injuries and/or death to individuals or destruction of governmental property occurred we would be in the unenviable position of having allowed that situation to occur. I do not believe we can allow that. Therefore, I am asking that those tents be removed from outside of the county courthouse as promptly as possible. Paul V. Gallegos District Attorney Office of the District Attorney Humboldt County (707) 445-7411 The information contained in this email message is intended for the CONFIDENTIAL use of the addressees only. The information is protected under the attorney-client privilege and the work-product privilege. Recipients should not file copies of this email with publicly accessible documents. If you are not an or an authorized agent responsible for delivering this email to a designated addressee, and you have received this email in error, THEN ANY FURTHER REViEW, DISSEMINATION, DISTRIBUTION, COPYING OR FORWARDING of this email is STRICTLY PROHIBITED. If you receive this email in error, please notify the office of the Humboldt County District Attorney immediately at {707)445- 7 411. Thank you in advance for your courtesy and cooperation in this matter. Gallegos, Paul From: Sent: To: Cc: Subject: Gallegos, Paul Wednesday, November 02, 2011 12:58 PM Smith, Davina; Smith-Hanes, Phillip; Nee!, Kelly; Downey, Mike Ruth, Carolyn; Chaitin, Wendy; Billingsley, Jefferson RE: Camping I believe the presence of tents presents an unwarranted, unallowable risk to public safety and believe we should do all that we legalfy prevent them. I have no problem with the protest ers and appreciate much of what they are to commumcate and get public sentiment aroused about. However, the risk posed by the tents to Humboldt County government and governmental property is too great and the consequence of our inaction IS too great to allow them to continue and/or return. Paul From: David Tyson [mailto:DTYSON@d.eureka.ca.govl Sent: Wednesday, November 02, 2011 2:05 PM To: Smith-Hanes, Phillip Cc: Murl Harpham Subject: OCCUPY EUREKA Phillip: Sorry not having contacted you since Monday. Chief Harpham and Lt. Zanotti have developed a plan to address the County's request regarding the camping at the Courthouse. Chief Harpham is available to you by phone to review the Department's plan. The Chief would like to know if County was able to arrange for storage of the confiscated property. He would also appreciate an email from you outlining the County's request. David From: Smith-Hanes, Phillip Sent: Wednesday, November 02 1 2011 3:31PM To: David Tyson Cc: Murl Harpham Subject: RE: OCCUPY EUREKA "#------- . Thank you David (and Chief), The County is requesting that the Eurel<a Police Department enforce Eureka Municipal Code (and applicable Penal Code sections) related to camping in non-permitted public spaces on the front lawn. The District Attorney has sent me a note today requesting this action, because he believes the camping creates a hazard for County and Court employees. The County is committed to store any property obtained by EPD in an action to enforce the Municipal Code. If the Sheriff does not have available space, he will contact my office for assistance. Phil Smith-Hanes County Administrative Officer Gallegos, Paul From: Sent: To: Cc: Subject: Gallegos, Paul Wednesday, November 02, 2011 3:58 PM Tysoh' \' RE: OCCUPY EUREKA Thank you. I Police Department' s prompt response to t his. Asl explained to Phil, I beHeve _thetents create a tisk ofpublicharm that'is unacceptable. We do not know who, how many or what is inside those t ents and that creates an extreme public safety issue for the public, county personnel and county property and I am asking that the risk be addressed. I have no problem with the protester's opinions or desire to galvanize public support for what they feel is a significant public issue. However, I do not believe we can allow a public safety issue to be created and/or allowed to remain. . Thank you again. Paul Gallegos, Pauf From: Sent: To: Cc: Subject: My input: Gallegos, Paul Thursday, November 17,2011 4:02PM Smith-Hanes, Phiflip; 'DTYSON@ci.eureka.ca.gov'; Lovelace, Mark; Chaitin, Wendy; Nilsen, Amy Hayes, Kathy; Ferguson, Shelle; Billingsley, Jefferson Re: Requests from Occupiers First, I defer to the county except as security concerns. I do not think we can consent to tents or any enclosed structure. If they want to put a tarp with a heater and you consent that addresses my security concerns. I am confident that they are peacefuL However since alf of humboldt county government and records are housed in this one building 1 think that we cannot risk being wrong and allow a situation that provides an opportunity for that one crazy person tgat is against government like McVeigh. That's my input. Paul Gallegos District Attorney, Humboldt County Gallegos, Paul From: Sent: To: Subject: Gallegos, Paul Friday, November 18, 2011 8:18 AM Lovelace, Mark Re: Requests from Occupiers There is halvorsen park. I thought an alternative location would be ideal awhile ago but I am not sure there was one that they would accept Candidly I support the movement Unfortunately here it has been somewhat co-opted locally by our professional protesters. I have resisted the urge to go down and join them because it would taint any decision not to prosecute as favoritism. Creating a lace for them to go could allow it to meaningfully grow and allow this county to show its support for the movement But it can't be at the courthouse Mark. Having tents outside our building pose an immense public safety risk. That would last like 3 minutes in front of a federal building. The risk of potential harm is too great All you need is 1 McVeigh guy. He doesn't even have to from here- onl y see an opportunity and the whole seat of government is gone. Paul Gallegos District Attorney, Humboldt County January 7, 2011 Open Letter to Humboldt County District Attorney, Paul Gallegos:
We have reviewed your November 2, 2011 email to the Humboldt County Sheriff, County Counsel, and the County Administrative Officer in which you direct that the tents of Occupy Eureka be removed from the front of the Humboldt County Courthouse. The go get 'em email, obtained through a California Public Records Request, instigated, with no legal basis, the November 7 militarized raid, arrests, and civil rights violations by the Eureka Police Department [EPD] and the Humboldt County Sheriff's Department (and presumably the subsequent raids, arrests, and civil rights violations) and creates a conflict as you attempt to prosecute people arrested in those raids and related police actions. Most egregious, however, is that your email to the County is a malicious work of shock and awe deceit that should be retracted immediately. You wrote of Occupy Eureka protesters as if they might be terrorists with explosives in their tents. Redwood Curtain CopWatch is outraged and disgusted at your dangerous, wholly unfounded, and secret implications regarding non-violent Occupy Eureka protesters. Undoubtedly, thousands of people who will learn of your disingenuous and inflammatory Nov 2 email and the subsequent similar emails will also be appalled and offended by your actions.
You are the District Attorney in a county that painfully remembers the bombing of non-violent Earth First! activists and organizers, Judi Bari and Darryl Cherney, and the government's baseless attempt to depict these victims of horrendous violence, and their fellow activists, as terrorists, in order to destroy their movement. Congress and Obama have just passed a bill allowing for indefinite military detention of anyone the government chooses to deem a possible terrorist. Having endured McCarthyism in the 1950's, still experiencing the affects and injustices of COINTELPRO, suffering Iraq to preemptive attacks and years of war based on suspected weapons of mass destruction, we are in the age of the post-911 USA PATRIOT ACT, Arizona's Senate Bill 1070, Islamaphobia, the Animal Enterprise Terrorism Act and other atrocious affronts to due process, democracy and humanity. You conjured up a basis for the ongoing conspiracy to violate Occupy Eureka protesters' civil rights relying on a similar to that which produced the above-mentioned bigoted and repressive campaigns. Your Nov 2 email and subsequent nefarious emails wherein you speak of security concerns regarding Occupy Eureka has now earned you a place with other government officials and propagandists who strip people of their fundamental right to fairness and use spurious allegations and labels such as terrorist to suppress dissent.
The War on Terror is based on manufactured fear of a nebulous idea. When Americans are fearful, they allow their military to invade countries illegally and immorally and are willing to surrender their civil liberties. Your rationale for invading tents (and possibly cars and homes) regarding potential explosives is the same 'war on terror' based on creating fear. The paranoid directive you gave police regarding Occupy Eureka has led them to treat backpacks, blankets, anything that is under a tarp or a table as illegal or suspect, and they steal and even destroy that property.
You claim in your Nov 2 email that you are not aware of who occupies those tents and imply that such a fact is ground for legal suspicion, which it is not. It is also unbelievable that you are not aware being that Occupy Eureka demonstrators have been living in the public view. Your Nov 2 email degenerates to a record low when you put forward the most ludicrous, offensive and incendiary statement : While I do not suspect that any of those tents contain any explosive or otherwise dangerous materials, I cannot confirm that they do not and I do not believe that we can allow the risk of such an occurrence to continue. What occurrence? Are you asserting that your duty includes creating fear and suspicion upon which to predicate preemptive raids and arrests? Are/were you seeking Homeland Security monies by crying wolf, when you know your implications are not true? Your orders and unlawful accusations have already been used locally as the premise for a long list of wrongs perpetrated by the EPD and Humboldt Sheriff's against Occupy Eureka, and they have the potential to ruin peoples' lives forever.
Why did you lie to the public, claiming that Occupy Eureka gets raided because of broken camping laws and municipal codes? There is nothing in your emails that alludes to the illegality of the tents, nothing requesting enforcement of the crime of displaying signs and banners, nothing that gives officers a legal basis for mass arrests or clearing all protesters from the sidewalks and lawn near the Courthouse, nothing that instructs officers to arrest people filming their activity, and nothing that alleges Occupy Eureka demonstrators were harming any property, government business, or other people. (In fact, you specifically state that you do not believe Occupy Eureka demonstrators are harming property, government business, or other people). Nevertheless, the officers have consistently pretended that all of those things are the reasons for their unlawful actions, and you have told the media the same.
You remind the recipients of your Nov 2 email that the courthouse is, in effect, the seat of all Humboldt County government. That is the primary reason why Occupy Eureka is located in front of the courthouse. You defame the character of people engaged in constitutional activity with your preposterous suggestion of explosives.
In mid-November, you acknowledged in a message to County Supervisor, Mark Lovelace, that the [Occupy] movement has been somewhat co-opted locally by our professional protesters. Putting aside the absurdity of such a statement, we do understand the implication that you recognize some of the non-violent protesters and that you believe they are experienced, know what they are doing. However, you repeatedly suggest that All you need is 1 McVeigh guy... and the whole seat of government is gone. How dare you correlate such an inflammatory idea with Occupy Eureka. How dare you create such a false and secretive premise and then tell the public that the police (through their illegal activities) are protecting the community and the safety of the 300 employees and 300 jail inmates.
You have protected no one.
We understand now that you use menacing and inflammatory what ifs to prompt officers to raid Occupy Eureka in riot gear with semi-automatic weapons, to interfere day and night with every form of first amendment expression, to oppose release from jail for protesters held on non-violent misdemeanor charges, and to order warrants and arrests that have no legal grounds. Perhaps you have forgotten that people still have basic legal protections including the presumption of innocence, the right to be free from unlawful search and seizure, the requirement of probable cause before arrest, and the right to due process. These rights and others have been completely disregarded beginning on November 7 th when Eureka Police began its raids, wrongful arrests, and unrelenting theft from Occupy Eureka. If the reason for the raids and daily harassment began with suspicion of explosives, the police should have had a search warrant, some kind of legal investigation. But you know, and so do the Eureka Police and Humboldt County Sheriff's, that there was never a threat of explosives at Occupy Eureka. It is incredulous that you are worried about 1 McVeigh guy who doesn't even have to [be] from here. If you are acting on a concern that anyone from anywhere could come and harm everyone in the courthouse/jail building, perhaps you are too paranoid and delusional to hold an office. Invoking a tragic incident with many victims that occurred in another state over fifteen years ago does not give you legal grounds to create more victims by violating the rights of people peacefully assembling and redressing grievances.
In addition to laying the groundwork for a string of civil rights violations against Occupy Eureka participants (and anyone who happens to be in front of the courthouse when the police decide to handcuff, steal, intimidate, etc.), your dangerous and unlawful framing of Occupy Eureka protesters as potential terrorists resulted in Eureka Police Officer, Louis Altic, telling protesters recently that he wanted to search a bag because it may have a bomb in it. People refused to consent; Altic did not get a warrant; he did not search the bag; the bag continued to hold clothes and toiletries for its owner. If there was a legitimate suspicion that the bag contained a bomb, it would have been criminally negligent for Altic to not search the bag. The fact that he did not only proves that he never had a legitimate suspicion and used a baseless accusation as a flimsy pretext for harassment. This dishonest behavior in dealing with the Occupy protest seems to be standard operating procedure for not only the EPD, but the office of the District Attorney as well.
Stop deceiving the public and stop targeting the Occupy Eureka protest.
You have not only defied the law at the expense of many peoples' civil liberties, property, and well being, but you are wiping out any remaining trust from the 'progressive' community that put you in office. Your terrorist rhetoric has no place here. Redwood Curtain CopWatch Mr. Gallegos, In 1995, when the Alfred P. Murrah Federal Building was bombed, I lived in Oklahoma. We lived near Oklahoma City in the college town of Norman. The bombing had a devastating affect on everyone. In the days, weeks, and months that followed the tragedy, friends, teachers and colleagues would spontaneously erupt into tears at anything that triggered a memory of the explosion. The federal building had contained a daycare center and many children lost their lives. Everyone knew someone who died. Ten years later I visited the Oklahoma City National Memorial Site for the first time. The silence in that place was deafening. Nothing stirred. Nothing moved. There was just silence. It was the absence of all of those voices that would never be heard again. I can only assume you've never been to Oklahoma City, Mr. Gallegos; that you've never looked a survivor of that bombing in the eye, that you've never walked amongst the 168 empty chairs in that memorial, that you've never even read a list of the names of the victims. No one, with any kind of conscience, could have experienced these things and still invoke the name of Timothy McVeigh as a pretext for his personal political machinations. As an Occupier and someone affected by this bombing, I am disgusted that you would imply that me or any of my fellow nonviolent protesters might be a potential Timothy McVeigh. Shame on you Paul Gallegos. Shame. An Occupy Eureka Protester (Rough) Occupy Eureka Gov't. Action TIMELINE -Oct. 7, 2011- Occupy Eureka joins hundreds of occupations in solidarity with Occupy Wall Street, protesting the financial/banking industrys fraudulent crashing of the worlds economy while amassing obscene profits, 1% vs. 99% income inequality, Corporate Greed and Corporate Dominance of our governments. In multiple polls, the majority of Americans supported these non-violent protests. The District Attorney, Board of Supervisors, Eureka City Council and the Eureka Police Department [EPD] began putting together a coordinated plan to harass, intimidate, disrupt and eliminate Occupy Eureka. Using false arrests/false charges, keeping people in jail illegally, assigning punitive bail, assaults, stealing critical personal property, taking down signs and information kiosks/canopies, deliberately confusing court dates/issuing warrants and regular harassment of protesters. -Oct 20- Occupy Eureka asks the County Administrative Officer if they can put a port-a-potty nearby; refused -Nov 2- District Attorney via email directs county to remove tents from courthouse lawn due to fear of explosives and unknown people in tents; from then on, in all public statements, DA vaguely alludes to public safety issues -Nov. 7- Massive raid (about 4am) involving EPD, Humboldt County Sheriff's Dept, and Arcata Police: Thirteen people arrested on suspicion of obstruction of justice including people filming police activity from across the street; police confiscated everything, collective and personal and hauled it away -Nov 8- Police began coming multiple times a day to take signs and banners hung on anything, including someone's personal bicycle. Police also made many "visits" during dark hours, walking through the area and threatening to arrest people for having a blanket on their lap while awake ("you can't have that blanket on you"), waking people up if they were resting, and telling people who were not asleep but prone on the ground that they could not be. After a couple of days, police told protesters it was illegal for signs to touch the sidewalk. Police consistently came and harassed and stole from the protest. Officers who took signs, in all but one or two instances, refused to ticket the people who claimed the signs and refused to return the signs, instead putting them in police cars claiming that they were evidence. -Nov. 10- Kimberly Starr arrested for filming EPD Sgt. entering Occupy area about 4am; DA's office opposed her release after 8 days in jail, claiming that she was a danger to the community; case was later dismissed after a jury found 10-2 in Ms. Starr's favor (she represented herself) -Nov 12- Police came to take signs off corner; Hans Ashbaucher arrested while videotaping; police broke his ribs -Nov. 14- Mass arrest (in early morning) with no warnings; thirty-two people arrested on suspicion of camping and suspicion of obstructing, some people arrested away from the site; EPD Off. Terry Liles hit protester on ground with baton in head area; witnesses arrested -Nov. 14- County erects chain link fence, a NO free speech zone Nov. 15- EPD prohibits signs touching sidewalk, steals any signs touching sidewalk; steals signs off of chain link fence Police harassed Occupy daily, for instance, for having a display on the ground, not blocking any passage, threatening to take that too. -Nov 23- EPD and Humboldt Sheriff's close off sidewalk in 4:30pm raid, take down tarp structure housing literature and protecting from rain; EPD arrests Hans Ashbaucher for displaying a banner while walking in crosswalk -Nov. 30- Twelve people handcuffed, photographed, id'd; Two people arrested, one walking across the street; Police removed 10x20 pvc structure/information kiosk; forced James Decker to turn off his camera -Dec 6- DA opposed release of Kimberly Starr after 6 days in jail, from arrest at the mass handcuffing of anyone in front of the courthouse on November 30. In early December, people who were walking up to the Occupy Eureka site were arrested for suspicion of some type of alleged "lodging" violation and for alleged "resisting or obstructing" -Dec. 14-Jury Trial results in 10 to 2 decision in favor of Kimberly Starrs innocence. -Dec 17- Police removed signs and Free Speech Kiosk -Dec 19- CopWatch and Occupiers begin questioning DA; collecting information to avoid anyone missing court or any warrants going out with no notice of charges or court dates -Dec 20- Charges DISMISSED against Kimberly Starr from mass handcuff incident on Nov 30 -Dec 23- Another fence erected, this time to prohibit people being in warm heating grate area near courthouse -Dec.25- Anne Rian arrested 7:30am on bogus warrant (deliberate failure to notice new court dates); held in jail through holiday time -Dec. 26-Martin Katz arrested for another bogus warrant; held in jail through holiday time -Dec. 27- Keelan McWayne arrested for bogus warrant, released that day; Pat Kanzler arrested for defending American flag sign on fence, released that day DA refuses/d to reveal who had warrants (after causing warrants to be issued for people with no notice of charges) and arresting 3 people on that basis. -Jan. 8- Five people arrested and jailed who were either laying down or sleeping. one man arrested for sending religious flag up flagpole in enclosed area, and who posed no threat to police or other people, was tackled and tasered multiple times by EPD before being brought to jail. EPD has taken property, including clothes and blankets, on many random occasions with no legal basis. EPD has refused to return property, including probably 200+ signs/banners, insisting that they are "evidence". At times, the EPD has said that the protesters would have to pay money to EPD to get each sign back.