1 00:00:01,720 --> 00:00:04,960 Speaker 1: Rip Current is a production of iHeart Podcasts. The views 2 00:00:04,960 --> 00:00:09,120 Speaker 1: and opinions expressed do not necessarily reflect those but the host, producers, 3 00:00:09,200 --> 00:00:11,360 Speaker 1: or parent company listener discretion. 4 00:00:11,680 --> 00:00:19,040 Speaker 2: Is it fine, I'll tell you Toby. I think it 5 00:00:19,120 --> 00:00:22,320 Speaker 2: was four or five days before she died. I went 6 00:00:22,400 --> 00:00:26,079 Speaker 2: there for the last visit. I went there thinking I 7 00:00:26,120 --> 00:00:29,080 Speaker 2: was going to do the story the deathbed. 8 00:00:28,680 --> 00:00:33,199 Speaker 3: Judy story journalist Mike Janella. 9 00:00:33,760 --> 00:00:36,279 Speaker 2: And it was an experience that I really have never 10 00:00:36,360 --> 00:00:39,520 Speaker 2: quite forgotten because I went there and I'm sitting next 11 00:00:39,560 --> 00:00:44,080 Speaker 2: to her bed. We never talked about bombings, environment, earth 12 00:00:44,120 --> 00:00:47,440 Speaker 2: for none of them. What we ended up talking about 13 00:00:47,479 --> 00:00:52,239 Speaker 2: for almost an hour was death, the uncertainty that she 14 00:00:52,479 --> 00:00:56,440 Speaker 2: was facing, the process that she was facing. I mean, 15 00:00:56,480 --> 00:01:01,920 Speaker 2: it was a very human raw death bed conversations are 16 00:01:02,040 --> 00:01:05,120 Speaker 2: just that they're raw and they're rough. So I went 17 00:01:05,200 --> 00:01:09,080 Speaker 2: for one reason, Judy Barry and Mike Janilla, we're going 18 00:01:09,160 --> 00:01:12,560 Speaker 2: to do the death bed story. Well, I wrote to 19 00:01:12,680 --> 00:01:15,800 Speaker 2: death bet story, but not that one. She's stopping real 20 00:01:15,840 --> 00:01:20,319 Speaker 2: stuff and her acknowledgment of her past fears. She even 21 00:01:20,400 --> 00:01:23,119 Speaker 2: made a joke at one point, turned and looked at 22 00:01:23,120 --> 00:01:25,760 Speaker 2: me and said, well, you're one of the few I 23 00:01:25,800 --> 00:01:28,840 Speaker 2: guess Mike, who didn't think I was stupid enough to 24 00:01:28,880 --> 00:01:29,440 Speaker 2: sit on my. 25 00:01:29,480 --> 00:01:33,480 Speaker 1: Own bomb, couldn't help but laugh at that, you know. 26 00:01:34,680 --> 00:01:39,200 Speaker 2: Anyway, I just there was a reality check there that 27 00:01:39,200 --> 00:01:41,480 Speaker 2: that last conversation, there were a lot of there was 28 00:01:41,520 --> 00:01:42,840 Speaker 2: a lot of honesty to it. 29 00:01:44,959 --> 00:01:48,320 Speaker 3: Judy Berry died of complications from breast cancer at her 30 00:01:48,360 --> 00:01:52,520 Speaker 3: mountain cabin near Willitts on March second, nineteen ninety seven. 31 00:01:53,920 --> 00:01:58,000 Speaker 3: Her obituary was carried in major newspapers. It meant her 32 00:01:58,040 --> 00:02:01,760 Speaker 3: passing was a national story. It's interesting to see how 33 00:02:01,800 --> 00:02:05,200 Speaker 3: she was described in the first paragraphs of these obituaries. 34 00:02:06,200 --> 00:02:07,640 Speaker 3: This is from the New York Times. 35 00:02:08,919 --> 00:02:12,839 Speaker 4: Judy Berry, an environmentalist whose passionate defense of the California 36 00:02:12,880 --> 00:02:16,280 Speaker 4: Redwoods earned her national prominence and who was injured in 37 00:02:16,320 --> 00:02:19,280 Speaker 4: a car bombing that might have been related to her protests, 38 00:02:19,560 --> 00:02:22,520 Speaker 4: died on Sunday at her cabin home in Willards, California. 39 00:02:22,600 --> 00:02:24,639 Speaker 3: The Washington Post head of. 40 00:02:24,600 --> 00:02:29,079 Speaker 4: The environmental group Earth First, who received international attention when 41 00:02:29,080 --> 00:02:31,720 Speaker 4: she was injured in a nineteen ninety nine car bombing, 42 00:02:32,040 --> 00:02:34,239 Speaker 4: died of breast cancer March second. 43 00:02:33,919 --> 00:02:34,480 Speaker 5: At her home. 44 00:02:34,919 --> 00:02:36,280 Speaker 3: And the Associated Press. 45 00:02:36,919 --> 00:02:40,880 Speaker 6: Judy Berry, forty seven, a fiery leader of the environmental 46 00:02:40,880 --> 00:02:44,120 Speaker 6: group Earth First, who was injured in a mysterious nineteen 47 00:02:44,200 --> 00:02:50,240 Speaker 6: ninety car bomb blast, died of breast cancer Sunday in Willits, California. 48 00:02:50,400 --> 00:02:52,680 Speaker 3: There were two things to know for people who skimmed 49 00:02:52,720 --> 00:02:56,920 Speaker 3: the paper, that she was an environmentalist and that she'd 50 00:02:56,919 --> 00:03:00,600 Speaker 3: survived a bombing. What her death of war warranted mention 51 00:03:00,760 --> 00:03:04,600 Speaker 3: if she'd not been bombed, because her legacy isn't clear. 52 00:03:05,840 --> 00:03:08,120 Speaker 3: In this final episode, we will take a look at 53 00:03:08,120 --> 00:03:11,200 Speaker 3: the outcome of Earth First fight to save the Redwoods 54 00:03:11,680 --> 00:03:14,280 Speaker 3: and the suit against the FBI in the San Francisco 55 00:03:14,360 --> 00:03:18,560 Speaker 3: Police Department. We'll also look at another element in the 56 00:03:18,639 --> 00:03:22,640 Speaker 3: chaotic stew of ecotopia in the eighties and nineties and 57 00:03:22,720 --> 00:03:27,440 Speaker 3: think about Judy's legacy. I'm Toby Ball and this is 58 00:03:27,520 --> 00:03:38,200 Speaker 3: rip current episode eleven Headwaters. In the months leading up 59 00:03:38,200 --> 00:03:41,440 Speaker 3: to the bombing in May nineteen ninety, Judy had been 60 00:03:41,480 --> 00:03:46,520 Speaker 3: occupied with organizing and recruiting for Redwood Summer. This was 61 00:03:46,560 --> 00:03:49,160 Speaker 3: to be a summer long series of protests and non 62 00:03:49,320 --> 00:03:54,200 Speaker 3: violent actions against the timber industry. The injuries she sustained 63 00:03:54,200 --> 00:03:58,960 Speaker 3: in the bombing prevented her from participating, but Redwood summer 64 00:03:59,000 --> 00:04:03,480 Speaker 3: went on even without its most high profile leader. It 65 00:04:03,560 --> 00:04:07,880 Speaker 3: had its successes, but they were limited. The Guardian, a 66 00:04:07,920 --> 00:04:11,920 Speaker 3: weekly radical newspaper published in New York, not the British newspaper, 67 00:04:12,520 --> 00:04:15,280 Speaker 3: ran a two page assessment of Redwood Summer. 68 00:04:16,360 --> 00:04:20,400 Speaker 4: Organizers claim that three thousand people participated in Redwood Summer, 69 00:04:20,680 --> 00:04:23,880 Speaker 4: of whom one thousand received non violence training and around 70 00:04:23,920 --> 00:04:27,080 Speaker 4: one hundred were arrested. They can see that the human 71 00:04:27,080 --> 00:04:31,000 Speaker 4: blockades in the Redwoods did not significantly slow logging, but 72 00:04:31,120 --> 00:04:33,479 Speaker 4: say that by the end of the summer an indirect 73 00:04:33,480 --> 00:04:34,640 Speaker 4: effect could be felt. 74 00:04:36,160 --> 00:04:38,840 Speaker 3: This was surely not the effect they had sought when 75 00:04:38,880 --> 00:04:42,599 Speaker 3: the organizing for an equivalent to Mississippi's Freedom Summer was 76 00:04:42,640 --> 00:04:44,720 Speaker 3: being planned. Again. 77 00:04:45,080 --> 00:04:48,839 Speaker 4: From The Guardian, Judy Berry, who is out of the 78 00:04:48,880 --> 00:04:53,240 Speaker 4: hospital and walking on crutches, acknowledges that opportunities were lost, 79 00:04:53,640 --> 00:04:56,320 Speaker 4: but has little patients with those who would paint Redwood 80 00:04:56,360 --> 00:05:01,040 Speaker 4: Summer as a failure. What happened was really prof There 81 00:05:01,080 --> 00:05:04,080 Speaker 4: was a real change in tactics from small group sabotage 82 00:05:04,120 --> 00:05:07,120 Speaker 4: actions to much more of a mass movement than it 83 00:05:07,160 --> 00:05:11,120 Speaker 4: had ever been before. We remained nonviolent in spite of 84 00:05:11,160 --> 00:05:14,000 Speaker 4: all kinds of violence, in propaganda against us. 85 00:05:14,200 --> 00:05:19,520 Speaker 3: She said, it's an interesting take finding success in the 86 00:05:19,560 --> 00:05:22,880 Speaker 3: actual actions of the participants and not in whether the 87 00:05:22,920 --> 00:05:28,240 Speaker 3: protest goals were achieved. Regardless, the summer brought media attention 88 00:05:28,400 --> 00:05:33,159 Speaker 3: back to Ecotopia and the clear cutting. When Redwood Summer ended, 89 00:05:33,279 --> 00:05:36,640 Speaker 3: the movement in Ecotopia coalesced around the goal of saving 90 00:05:36,680 --> 00:05:39,919 Speaker 3: the largest piece of remaining old growth redwood forest in 91 00:05:40,000 --> 00:05:43,799 Speaker 3: private hands. While this had always been among the goals, 92 00:05:44,279 --> 00:05:48,680 Speaker 3: ambitions had been to stop clearcutting more broadly. Now the 93 00:05:48,720 --> 00:05:52,359 Speaker 3: focus became saving the crown jewel of what remained. 94 00:05:53,200 --> 00:05:56,760 Speaker 2: Red when some are progressed, there were a substantial number 95 00:05:56,760 --> 00:05:59,880 Speaker 2: of people turning out. Why then the attention had been 96 00:06:00,240 --> 00:06:05,000 Speaker 2: kind of shifting to the headwaters. Protecting Headwater's force became 97 00:06:05,080 --> 00:06:06,360 Speaker 2: the iconic thing. 98 00:06:08,000 --> 00:06:11,920 Speaker 3: The area that became known as Headwaters Forest was discovered 99 00:06:11,920 --> 00:06:16,720 Speaker 3: by journalist Greg King while hiking solo through Pacific Lumberland 100 00:06:17,080 --> 00:06:20,279 Speaker 3: in nineteen eighty seven. It was part of an effort 101 00:06:20,360 --> 00:06:24,200 Speaker 3: he led to document the previously unmapped remaining old growth 102 00:06:24,240 --> 00:06:29,560 Speaker 3: redwood groves. This is Greg King talking with Joy Leclair 103 00:06:29,760 --> 00:06:32,320 Speaker 3: on Fourth Right Radio in twenty twenty three. 104 00:06:32,560 --> 00:06:36,000 Speaker 7: Except when I got finally to go to one of 105 00:06:36,040 --> 00:06:38,560 Speaker 7: the groves that was threatened, which we would later call 106 00:06:38,600 --> 00:06:42,919 Speaker 7: owl Creek Grove, in late nineteen eighty six. I was 107 00:06:43,040 --> 00:06:46,800 Speaker 7: so moved by what was there and the wildness of 108 00:06:46,839 --> 00:06:49,040 Speaker 7: that grove and something I'd never felt. I'd been to 109 00:06:49,080 --> 00:06:51,840 Speaker 7: all the protected groves and had never had a feeling 110 00:06:52,000 --> 00:06:54,920 Speaker 7: like this. And I'd just been offered the editorship of 111 00:06:55,000 --> 00:06:58,039 Speaker 7: another newspaper and I'd accepted, and then I went and 112 00:06:58,080 --> 00:07:01,000 Speaker 7: looked at this grove, and that was I turned down 113 00:07:01,040 --> 00:07:04,039 Speaker 7: the editorship. I moved humbold County and I worked to 114 00:07:04,040 --> 00:07:07,160 Speaker 7: save these growths. No one knew where these growths were 115 00:07:07,520 --> 00:07:10,560 Speaker 7: or how large they were. It was all rumor. And 116 00:07:10,600 --> 00:07:14,280 Speaker 7: so we got the aerial photos from nineteen eighty and 117 00:07:14,480 --> 00:07:18,440 Speaker 7: corresponded them to topographic maps, found the old growth, and 118 00:07:18,960 --> 00:07:22,120 Speaker 7: started hiking and I did a lot of photography, and 119 00:07:22,160 --> 00:07:25,480 Speaker 7: that I think was critical to letting the public know 120 00:07:25,880 --> 00:07:30,040 Speaker 7: this is not just a regular takeover and your average forest, 121 00:07:30,120 --> 00:07:32,240 Speaker 7: which there's no such thing as an average forest, but 122 00:07:32,280 --> 00:07:34,560 Speaker 7: you know what I mean. And so that was an 123 00:07:34,560 --> 00:07:37,200 Speaker 7: important part I think of what we did to expose 124 00:07:37,240 --> 00:07:38,120 Speaker 7: what was going on. 125 00:07:39,920 --> 00:07:44,680 Speaker 3: Post Redwood Summer. Actions focused largely on this goal. The 126 00:07:44,720 --> 00:07:48,120 Speaker 3: culmination was a deal between the federal government and MAXIM 127 00:07:48,280 --> 00:07:52,200 Speaker 3: that in nineteen ninety nine established the Headwaters Forest Reserve. 128 00:07:53,560 --> 00:07:57,240 Speaker 3: The total reserve is nearly seventy five hundred acres, with 129 00:07:57,320 --> 00:08:00,400 Speaker 3: about thirty one hundred acres of old growth red woods 130 00:08:00,760 --> 00:08:05,240 Speaker 3: and the remaining acres comprising previously harvested forest which were 131 00:08:05,240 --> 00:08:10,840 Speaker 3: included to protect the watershed. In return, MAXAM received three 132 00:08:10,920 --> 00:08:15,320 Speaker 3: hundred and eighty million dollars. The deal was not without 133 00:08:15,360 --> 00:08:20,320 Speaker 3: its critics. Some felt that the preserved area was too small. 134 00:08:20,440 --> 00:08:24,120 Speaker 3: Others felt that the Endangered Species Act should have preserved 135 00:08:24,160 --> 00:08:27,920 Speaker 3: that area of forest and simple enforcement would have been adequate, 136 00:08:28,800 --> 00:08:31,280 Speaker 3: but MAXAM had shown in the past that they were 137 00:08:31,320 --> 00:08:35,280 Speaker 3: willing to simply ignore the law, legal or not. Once 138 00:08:35,320 --> 00:08:39,280 Speaker 3: the trees were cut, they were gone for good. Headwaters 139 00:08:39,400 --> 00:08:42,720 Speaker 3: was a victory for the environmentalists within a larger reality 140 00:08:43,160 --> 00:08:45,800 Speaker 3: where the tide was against them. 141 00:08:46,280 --> 00:08:49,280 Speaker 8: The tree the overcut was successful. I mean they basically 142 00:08:49,320 --> 00:08:53,200 Speaker 8: took all the merchant Hole trees except for the Headwater's forest, 143 00:08:53,200 --> 00:08:57,239 Speaker 8: which you know, which the government paid drills was outrageous 144 00:08:57,320 --> 00:08:59,720 Speaker 8: amount for for something that he couldn't have done anyway. 145 00:09:00,080 --> 00:09:04,400 Speaker 8: They stated enforcing dangerous Vicus Act on that property. They 146 00:09:04,440 --> 00:09:05,480 Speaker 8: never would have been able to. 147 00:09:05,440 --> 00:09:13,480 Speaker 3: Cut Managing editor of the Anderson Valley Advertiser, Mark Scaramella, and. 148 00:09:13,480 --> 00:09:16,680 Speaker 8: So yet, and yet he manipulated the system and got 149 00:09:16,679 --> 00:09:20,840 Speaker 8: the Democratic Party basically to hand him over enormous amount 150 00:09:20,840 --> 00:09:24,200 Speaker 8: of money for something for nothing. That was the tenor 151 00:09:24,240 --> 00:09:26,839 Speaker 8: of the times. That was the way they saw the 152 00:09:26,880 --> 00:09:30,000 Speaker 8: way to protect Forrest was to buy it, you know, 153 00:09:30,040 --> 00:09:31,360 Speaker 8: instead of enforcing the law. 154 00:09:34,640 --> 00:09:37,800 Speaker 3: From the day of her bombing until her passing, Judy 155 00:09:37,960 --> 00:09:41,120 Speaker 3: was intimately involved with the lawsuit that she and Daryl 156 00:09:41,200 --> 00:09:45,560 Speaker 3: filed against the FBI and the Oakland Police Department. The 157 00:09:45,679 --> 00:09:50,000 Speaker 3: case Barry versus Held charged the FBI and the Oakland 158 00:09:50,000 --> 00:09:54,280 Speaker 3: Police Department, along with former FBI Agent in charge Richard Held, 159 00:09:54,679 --> 00:09:59,760 Speaker 3: with violating Judy and Darryl's First and Fourth Amendment rights. Held, 160 00:10:00,000 --> 00:10:03,120 Speaker 3: if you may remember, was implicated because of his previous 161 00:10:03,240 --> 00:10:07,880 Speaker 3: work with FBI co intel pro operations. Was later removed 162 00:10:07,880 --> 00:10:12,600 Speaker 3: from the suit by the presiding judge. Journalist Hank Simms 163 00:10:12,640 --> 00:10:16,680 Speaker 3: covered the trial for The Anderson Valley Advertiser. Here he 164 00:10:16,800 --> 00:10:19,959 Speaker 3: talks about the plaintiff's general theory behind the suit. 165 00:10:20,679 --> 00:10:23,959 Speaker 1: The fact that they arrested Judy Barry and Darryl Churney 166 00:10:24,400 --> 00:10:27,959 Speaker 1: very shortly after the bomb went off, was a concerted 167 00:10:28,120 --> 00:10:32,880 Speaker 1: effort to destroy their movement to cast this pall over 168 00:10:33,040 --> 00:10:33,840 Speaker 1: Redwood summer. 169 00:10:35,440 --> 00:10:39,199 Speaker 3: He is still dubious about the Oakland Police Department's involvement. 170 00:10:40,480 --> 00:10:43,640 Speaker 1: The Oakland Police they're city cops. They're not really dealing 171 00:10:43,679 --> 00:10:48,719 Speaker 1: with terrorism every day, and they ended up following what 172 00:10:48,760 --> 00:10:52,280 Speaker 1: the FBI thought or said they thought about the bombing. 173 00:10:52,920 --> 00:10:55,400 Speaker 1: That was the nut of their case. And to me, 174 00:10:55,679 --> 00:10:58,640 Speaker 1: it seemed and still seems like a bit of a 175 00:10:58,720 --> 00:11:03,520 Speaker 1: stretch to think think that Oakland cops would knowingly conspire 176 00:11:04,080 --> 00:11:08,440 Speaker 1: to paint the victims of this bombing as terrorists, you know, 177 00:11:08,600 --> 00:11:11,840 Speaker 1: in order to achieve this larger goal of as the 178 00:11:12,040 --> 00:11:15,640 Speaker 1: plaintiff's claim to bring down the Forest Forever initiative to 179 00:11:15,840 --> 00:11:19,319 Speaker 1: stop redwood logging in the Redwoods. It still seems a 180 00:11:19,360 --> 00:11:22,520 Speaker 1: little bit crazy to me that, like someone would think 181 00:11:22,559 --> 00:11:25,640 Speaker 1: this Oakland beat cop, who was there on the scene 182 00:11:25,679 --> 00:11:29,320 Speaker 1: and who was held liable for doing just that, actually 183 00:11:29,640 --> 00:11:30,880 Speaker 1: was involved in any such thing. 184 00:11:32,600 --> 00:11:36,760 Speaker 3: Police, Simon says, have their prejudices that aren't tied to 185 00:11:36,880 --> 00:11:38,120 Speaker 3: larger conspiracies. 186 00:11:39,400 --> 00:11:43,280 Speaker 1: Their cops going about their business. You know, like a 187 00:11:43,280 --> 00:11:47,000 Speaker 1: lot of cops, especially back then, especially in like a 188 00:11:47,040 --> 00:11:50,679 Speaker 1: sort of unreformed department, cops have their prejudices. 189 00:11:51,200 --> 00:11:51,400 Speaker 5: You know. 190 00:11:51,520 --> 00:11:55,640 Speaker 1: The cops may see like a hairy person like Daryl 191 00:11:55,840 --> 00:12:00,920 Speaker 1: and hear stories about like eco terrorists and would let 192 00:12:00,960 --> 00:12:03,840 Speaker 1: their minds go. They think they'd have the case solved, 193 00:12:04,080 --> 00:12:07,480 Speaker 1: especially when you've got like an FBI agent they're saying like, yoh, yeah, 194 00:12:07,520 --> 00:12:10,679 Speaker 1: the bombless behind the seat. I just think that like 195 00:12:10,840 --> 00:12:13,240 Speaker 1: a lot of the case not about the bombing, but 196 00:12:13,320 --> 00:12:16,840 Speaker 1: about the arrest and the subsequent actions taken by police 197 00:12:16,880 --> 00:12:19,720 Speaker 1: before the case was dropped by the Alabeda County District 198 00:12:19,760 --> 00:12:23,800 Speaker 1: Attorney's office. So much of their actions are explainable by 199 00:12:24,440 --> 00:12:25,720 Speaker 1: normal cop stuff. 200 00:12:27,600 --> 00:12:30,800 Speaker 3: But that was not how the trial played out. Five 201 00:12:30,880 --> 00:12:34,200 Speaker 3: years after Judy's death, the civil suit filed by Judy 202 00:12:34,240 --> 00:12:37,319 Speaker 3: and Darryl was finally heard in federal court in Oakland. 203 00:12:38,240 --> 00:12:40,120 Speaker 3: You can hear a full account of the trial in 204 00:12:40,160 --> 00:12:41,720 Speaker 3: a future bonus episode. 205 00:12:42,760 --> 00:12:45,280 Speaker 1: But there's this whole other thing that we talked about, 206 00:12:45,280 --> 00:12:48,560 Speaker 1: which is the stories that you tell and how effectively 207 00:12:48,640 --> 00:12:52,079 Speaker 1: you tell those stories to a jury in a court 208 00:12:52,080 --> 00:12:56,280 Speaker 1: of law. And I as a young reporter was thinking like, oh, well, 209 00:12:56,480 --> 00:12:59,360 Speaker 1: the case seems really clear. If I'm applying facts to 210 00:12:59,400 --> 00:13:01,520 Speaker 1: the law, then I would arrive at this conclusion if 211 00:13:01,559 --> 00:13:05,280 Speaker 1: I were a jury. But the jury actually was looking 212 00:13:05,360 --> 00:13:08,040 Speaker 1: at I believe was looking at more than that, And 213 00:13:08,080 --> 00:13:11,520 Speaker 1: in my interview with a juror after, it was very 214 00:13:11,559 --> 00:13:16,120 Speaker 1: clear that she at least was considering much more than that. 215 00:13:16,880 --> 00:13:21,679 Speaker 1: She heard a story of these idealistic, beautiful people she 216 00:13:21,800 --> 00:13:25,559 Speaker 1: called them, living in northern California. Part of her wanted 217 00:13:25,600 --> 00:13:29,959 Speaker 1: to run away and join them. After the fact, this 218 00:13:30,080 --> 00:13:33,920 Speaker 1: juror was Mary Nune. She was very vocal after the trial, 219 00:13:34,160 --> 00:13:36,760 Speaker 1: talking to a number of media outlets as well as 220 00:13:36,800 --> 00:13:39,280 Speaker 1: the team representing Daryl and Judy's estate. 221 00:13:40,520 --> 00:13:45,160 Speaker 9: Wonder spoke to the press and spoke to Judy's team 222 00:13:45,200 --> 00:13:48,560 Speaker 9: and spoke to me afterwards. That was Mary None. She 223 00:13:49,080 --> 00:13:54,240 Speaker 9: was a ticket agent for American Airlines by profession, and 224 00:13:54,600 --> 00:13:57,200 Speaker 9: one thing that she said that stood out for her 225 00:13:57,800 --> 00:13:59,520 Speaker 9: was all the supporters that came every. 226 00:13:59,480 --> 00:14:02,560 Speaker 3: Day to film court room Josh Morsel. 227 00:14:04,120 --> 00:14:05,880 Speaker 9: At first, she was a little taken aback by it. 228 00:14:05,960 --> 00:14:08,680 Speaker 9: She thought like, is this a cult? You know, why 229 00:14:08,760 --> 00:14:10,920 Speaker 9: who are these people? She wasn't used to that kind 230 00:14:10,960 --> 00:14:14,120 Speaker 9: of thing. But I mentioned there were these long lines, 231 00:14:14,200 --> 00:14:17,200 Speaker 9: security lines to get into the courthouse every morning. So Mary, 232 00:14:17,240 --> 00:14:19,920 Speaker 9: you know, was standing in line with these supporters and 233 00:14:20,200 --> 00:14:23,440 Speaker 9: kind of observing them, and she said they seemed to 234 00:14:23,480 --> 00:14:27,320 Speaker 9: her like just humble, good, serious people who were here, 235 00:14:27,600 --> 00:14:30,720 Speaker 9: like sacrificing income to travel a long way and come 236 00:14:31,000 --> 00:14:33,000 Speaker 9: show up for this because it was important. And that 237 00:14:33,040 --> 00:14:34,240 Speaker 9: really made an impression on her. 238 00:14:35,720 --> 00:14:39,680 Speaker 1: Just the tale of this David versus Goliath tail of 239 00:14:39,800 --> 00:14:43,960 Speaker 1: these activists who were looking to stop this injustice. That 240 00:14:44,040 --> 00:14:46,240 Speaker 1: was enough for her, I believe, to get her to 241 00:14:46,360 --> 00:14:49,240 Speaker 1: side with the plaintiffs in the case. We don't have 242 00:14:49,280 --> 00:14:52,160 Speaker 1: to go so far as like the actual details of 243 00:14:52,200 --> 00:14:55,760 Speaker 1: what was being alleged and the proof offered in order 244 00:14:55,800 --> 00:14:59,880 Speaker 1: to support those allegations. It was the story that pushed 245 00:15:00,240 --> 00:15:01,920 Speaker 1: her to vote the way she did. 246 00:15:03,520 --> 00:15:06,720 Speaker 3: None didn't see her own actions that way. Here she 247 00:15:06,880 --> 00:15:09,640 Speaker 3: is talking after the trial to k m u D, 248 00:15:10,400 --> 00:15:14,200 Speaker 3: a small radio station based in Humboldt and Mendocino Counties. 249 00:15:15,080 --> 00:15:18,480 Speaker 3: She points to what she felt was dishonest testimony from 250 00:15:18,480 --> 00:15:20,040 Speaker 3: the FBI and police. 251 00:15:21,400 --> 00:15:25,440 Speaker 10: Everybody lied, and they lied over and over again. Did 252 00:15:25,560 --> 00:15:28,080 Speaker 10: I once do you listen anymore. I mean to me, 253 00:15:28,160 --> 00:15:30,560 Speaker 10: if you're on the stand, you're taking a note fine 254 00:15:30,600 --> 00:15:31,720 Speaker 10: in front of God and everybody. 255 00:15:31,880 --> 00:15:33,680 Speaker 3: I mean, what is this oath about? 256 00:15:34,400 --> 00:15:36,520 Speaker 10: Does that give you a leeway a line? So after 257 00:15:36,520 --> 00:15:39,200 Speaker 10: they lied about fifteen times, I kind of lost interest. 258 00:15:39,840 --> 00:15:41,080 Speaker 3: I'm not going to anything they say. 259 00:15:41,160 --> 00:15:43,200 Speaker 10: They can say it, but it holds no credence anymore. 260 00:15:43,200 --> 00:15:43,840 Speaker 10: Do you understand? 261 00:15:45,240 --> 00:15:46,760 Speaker 1: It goes back to what I was saying about the 262 00:15:46,800 --> 00:15:51,040 Speaker 1: difference between the California attorneys presenting to the California jury 263 00:15:51,240 --> 00:15:53,720 Speaker 1: because they knew the story to tell. When you say 264 00:15:53,760 --> 00:15:56,440 Speaker 1: I was surprised, I was because as a young and 265 00:15:56,520 --> 00:15:59,880 Speaker 1: possibly sort of like naive reporter, I didn't really, I 266 00:16:00,080 --> 00:16:04,240 Speaker 1: don't think understand at the time the dynamics of what 267 00:16:04,320 --> 00:16:08,840 Speaker 1: a lawyer does incur, and you know what a lawyer 268 00:16:08,920 --> 00:16:10,240 Speaker 1: is really doing in court. 269 00:16:11,440 --> 00:16:15,200 Speaker 9: The jury deliberated for seventeen days. That's seventeen days like 270 00:16:15,360 --> 00:16:18,160 Speaker 9: in their deliberating, which translated about three weeks or so 271 00:16:18,240 --> 00:16:21,040 Speaker 9: that we were waiting, pulling our hair out, waiting for 272 00:16:21,080 --> 00:16:24,120 Speaker 9: a verdict. That's a very long deliberation. Was the longest 273 00:16:24,160 --> 00:16:26,640 Speaker 9: deliberation that anybody on Judy's team had ever heard of 274 00:16:26,920 --> 00:16:30,040 Speaker 9: by a jury, and Mary told me though she said 275 00:16:30,080 --> 00:16:33,440 Speaker 9: on day one we were unanimous that the defendants had 276 00:16:33,520 --> 00:16:36,360 Speaker 9: violated the rights of Judy and Daryl. What they spent 277 00:16:36,440 --> 00:16:40,560 Speaker 9: so long deliberating about was trying to fairly apportion the damages, 278 00:16:40,680 --> 00:16:43,720 Speaker 9: like which defendant was responsible to, you know, and what 279 00:16:43,840 --> 00:16:48,640 Speaker 9: percentage for the violations of rights. And I think there 280 00:16:48,680 --> 00:16:51,840 Speaker 9: was overwhelming evidence that these defendants lied and lied and 281 00:16:51,880 --> 00:16:54,480 Speaker 9: lied and lied and made up a false case against Judy, 282 00:16:54,520 --> 00:16:58,200 Speaker 9: and I have to think that was persuasive to the jury. 283 00:16:59,240 --> 00:17:02,560 Speaker 10: How would you discribe, vibe the decision making process of 284 00:17:02,560 --> 00:17:03,120 Speaker 10: the jury? 285 00:17:03,160 --> 00:17:04,320 Speaker 3: How difficult was it? 286 00:17:04,359 --> 00:17:04,959 Speaker 9: Was it easy? 287 00:17:05,240 --> 00:17:08,879 Speaker 10: Was it split? It was very hard. Why it was 288 00:17:08,920 --> 00:17:12,719 Speaker 10: hard is because we had to go through everything. We 289 00:17:12,760 --> 00:17:15,679 Speaker 10: had to turn to the page where it existed. We 290 00:17:15,720 --> 00:17:17,840 Speaker 10: had to find their rest time, not just what they 291 00:17:17,840 --> 00:17:19,800 Speaker 10: said in court or somebody on the stands said. We 292 00:17:19,840 --> 00:17:22,480 Speaker 10: wanted it written. We wanted to see it for ourselves. 293 00:17:22,640 --> 00:17:26,160 Speaker 10: We wanted to see how it coincided. Was it really 294 00:17:26,200 --> 00:17:29,560 Speaker 10: three pm and it really was? And why what would 295 00:17:29,560 --> 00:17:30,840 Speaker 10: make them motivate them to do that? 296 00:17:32,600 --> 00:17:36,280 Speaker 9: They found that Stockton Buck was not liable for any violations. 297 00:17:36,720 --> 00:17:38,600 Speaker 9: That was one of course we disagreed with as well, 298 00:17:38,640 --> 00:17:41,879 Speaker 9: but the other sixth defendants had violated the First and 299 00:17:41,920 --> 00:17:45,720 Speaker 9: Fourth Amendments of the Constitution. Interestingly, they were undecided as 300 00:17:45,720 --> 00:17:48,840 Speaker 9: to whether Daryl had been wrongfully arrested, but they did 301 00:17:48,840 --> 00:17:51,600 Speaker 9: find that the defendants were wrong to search his house. 302 00:17:51,840 --> 00:17:53,919 Speaker 9: I'm not sure what the logic on that was. I 303 00:17:53,960 --> 00:17:57,920 Speaker 9: think maybe it might have been a compromise among the jurors, 304 00:17:58,119 --> 00:18:00,520 Speaker 9: you know, as opposed to like a logical they thought 305 00:18:00,520 --> 00:18:03,800 Speaker 9: made sense. But eighty percent of the monetary damages were 306 00:18:03,800 --> 00:18:07,160 Speaker 9: for violations of the First Amendment, which protects political speech 307 00:18:07,160 --> 00:18:11,119 Speaker 9: and assembly, and we took that to affirm our claim 308 00:18:11,240 --> 00:18:14,080 Speaker 9: that the false arrest and the false charges were a 309 00:18:14,160 --> 00:18:17,840 Speaker 9: form of political sabotage meant to disrupt Judy and Darrell's 310 00:18:17,840 --> 00:18:23,080 Speaker 9: constitutionally protected speech. The jury awarded the or attributed the 311 00:18:23,080 --> 00:18:26,560 Speaker 9: most fault via the largest monetary liability, to three of 312 00:18:26,600 --> 00:18:30,399 Speaker 9: the defendants, to John Reichs, the supervisor of the terrorist squad, 313 00:18:30,760 --> 00:18:35,040 Speaker 9: to Frank Doyle, the FBI's field specialists for bombs, and 314 00:18:35,119 --> 00:18:38,280 Speaker 9: to Lieutenant Mike Simms, who ran the case for the 315 00:18:38,320 --> 00:18:41,919 Speaker 9: Oakland Police. And the jury awarded four point four million 316 00:18:41,960 --> 00:18:42,960 Speaker 9: dollars in damages. 317 00:18:44,960 --> 00:18:48,719 Speaker 3: The award vindicated Judy and Darrell's claims of misconduct by 318 00:18:48,760 --> 00:18:53,040 Speaker 3: the FBI and the Oakland Police, it did not implicate 319 00:18:53,119 --> 00:18:56,960 Speaker 3: law enforcement in the actual bombing. We've looked at a 320 00:18:57,040 --> 00:18:59,800 Speaker 3: number of possible theories of the crime, and I want 321 00:18:59,800 --> 00:19:03,240 Speaker 3: to get one last one. Not even a theory, so 322 00:19:03,320 --> 00:19:06,760 Speaker 3: much as a string of connections that, as with the 323 00:19:06,840 --> 00:19:10,640 Speaker 3: FBI Sweeney subtlely in the rest, seem to hint at 324 00:19:10,640 --> 00:19:28,680 Speaker 3: a solution after the break. The FBI files on Judy 325 00:19:28,760 --> 00:19:32,600 Speaker 3: Barry and the bombing run to thousands of pages. You 326 00:19:32,640 --> 00:19:36,600 Speaker 3: can find them online if you are interested. Among all 327 00:19:36,600 --> 00:19:40,040 Speaker 3: the reports and affidavits and letters and the usual stuff 328 00:19:40,080 --> 00:19:44,280 Speaker 3: of FBI files are two articles written in nineteen ninety 329 00:19:44,320 --> 00:19:48,399 Speaker 3: seven for the Anderson Valley Advertiser by a journalist named 330 00:19:48,400 --> 00:19:52,520 Speaker 3: Mark Hyman. They recount a story involving a man named 331 00:19:52,600 --> 00:19:55,720 Speaker 3: John Hockett and the trouble he encountered in the mid 332 00:19:55,800 --> 00:20:00,480 Speaker 3: nineteen nineties. It's a story that demonstrates the complex net 333 00:20:00,520 --> 00:20:03,919 Speaker 3: of people and issues that make determining who put the 334 00:20:03,960 --> 00:20:07,919 Speaker 3: bomb in Judy's car so challenging. It also points in 335 00:20:07,960 --> 00:20:11,880 Speaker 3: a direction that, in my research, has not been pursued 336 00:20:11,920 --> 00:20:15,920 Speaker 3: to any great degree. The following story is adapted and 337 00:20:16,040 --> 00:20:22,960 Speaker 3: considerably condensed from these two articles. The story begins in 338 00:20:23,040 --> 00:20:26,679 Speaker 3: nineteen ninety five, so five years after the bombing, but 339 00:20:26,760 --> 00:20:31,119 Speaker 3: while Judy was still alive. John Hackett lived with his 340 00:20:31,200 --> 00:20:35,400 Speaker 3: longtime partner, Lynette Holsey, in a house on a ridgetop 341 00:20:35,560 --> 00:20:41,119 Speaker 3: outside the town of Piercy in northernmost Mendocino County. Lynette, 342 00:20:41,160 --> 00:20:44,919 Speaker 3: then sixty, had suffered a series of strokes and was 343 00:20:44,960 --> 00:20:48,480 Speaker 3: in poor health. John had health concerns of his own. 344 00:20:49,359 --> 00:20:52,080 Speaker 3: They decided to sell the house in Piercy and move 345 00:20:52,160 --> 00:20:55,080 Speaker 3: to a house John owned in Eureka, which would be 346 00:20:55,080 --> 00:20:59,119 Speaker 3: closer to medical services. They wanted to sell to someone 347 00:20:59,119 --> 00:21:01,960 Speaker 3: who would care for the land. They did not want 348 00:21:02,000 --> 00:21:05,800 Speaker 3: people who would log it. They hired a realtor named 349 00:21:05,840 --> 00:21:09,760 Speaker 3: Chris Brannon, who put forth the image of being an environmentalist. 350 00:21:10,680 --> 00:21:11,199 Speaker 5: He was not. 351 00:21:12,400 --> 00:21:16,560 Speaker 3: They received an offer from an independent logger named Doyle Lancaster. 352 00:21:17,640 --> 00:21:20,879 Speaker 3: If the name sounds familiar, it's because he was the 353 00:21:20,880 --> 00:21:24,880 Speaker 3: patriarch of the family that brawled with Earth First activists 354 00:21:25,000 --> 00:21:29,680 Speaker 3: in the Whitethorne Riot during Spotted Owl Week. Brandon badgered 355 00:21:29,760 --> 00:21:33,040 Speaker 3: John into meeting about the offer, which was less than 356 00:21:33,040 --> 00:21:36,240 Speaker 3: the listing price and tricked him into signing a tentative 357 00:21:36,280 --> 00:21:39,359 Speaker 3: agreement on price, but John noted that he was not 358 00:21:39,440 --> 00:21:44,000 Speaker 3: the owner of the property. The sole owner was Lynette. 359 00:21:44,200 --> 00:21:47,720 Speaker 3: The agreement ended up in the courts, with Lancaster suing 360 00:21:47,840 --> 00:21:51,680 Speaker 3: Lynette and John to acquire the property based on John's 361 00:21:51,720 --> 00:21:57,840 Speaker 3: sign document. John and Lynette represented themselves. In the process 362 00:21:57,840 --> 00:22:00,920 Speaker 3: of preparing for the trial, they learned a few things 363 00:22:01,040 --> 00:22:05,320 Speaker 3: about Doyle Lancaster. He was among the worst of the clearcutters, 364 00:22:05,680 --> 00:22:11,000 Speaker 3: earning disapproval from even fellow loggers for his methods. Also, 365 00:22:11,480 --> 00:22:15,000 Speaker 3: he had been buying properties around Lynette's and then selling 366 00:22:15,040 --> 00:22:19,080 Speaker 3: them to Pacific Lumber. In fact, Pacific Lumber was a 367 00:22:19,119 --> 00:22:25,080 Speaker 3: guaranteur of Lancaster's original loans to buy the properties. Pacific 368 00:22:25,160 --> 00:22:28,000 Speaker 3: Lumber was trying to piece together two thousand acres of 369 00:22:28,080 --> 00:22:32,240 Speaker 3: land through Lancaster's purchases, and Lynette's land was in a 370 00:22:32,280 --> 00:22:37,760 Speaker 3: crucial spot in aiding these acquisitions. Lancaster would get the 371 00:22:37,800 --> 00:22:42,679 Speaker 3: contracts to do the cutting. Lancaster claimed he wanted to 372 00:22:42,680 --> 00:22:47,240 Speaker 3: build his so called dreamhouse on Lynette's land, but through 373 00:22:47,240 --> 00:22:50,280 Speaker 3: his lawyer, had offered to drop the lawsuit In return 374 00:22:50,359 --> 00:22:55,560 Speaker 3: for unlimited access through her property for logging. Lynette refused. 375 00:22:56,600 --> 00:22:59,720 Speaker 3: Lynette and John moved out of the Puercy property for 376 00:22:59,760 --> 00:23:03,280 Speaker 3: sake ffety reasons. They put their possessions in a barn 377 00:23:03,400 --> 00:23:06,840 Speaker 3: and a storage container on the property. These included a 378 00:23:06,920 --> 00:23:11,399 Speaker 3: one ton and a four ton safe. During the trial, 379 00:23:11,600 --> 00:23:14,040 Speaker 3: there was a break in one side of the barn 380 00:23:14,200 --> 00:23:18,640 Speaker 3: was smashed in. Their belongings, including an art collection and piano, 381 00:23:19,040 --> 00:23:24,440 Speaker 3: were either stolen or left destroyed. Both safes were gone. 382 00:23:24,640 --> 00:23:28,240 Speaker 3: John called the Mendocino County Sheriff's department. A week later, 383 00:23:28,440 --> 00:23:31,760 Speaker 3: a deputy showed up and decided that a homeless person 384 00:23:31,840 --> 00:23:35,080 Speaker 3: had been living there. The deputy had also run into 385 00:23:35,200 --> 00:23:39,680 Speaker 3: four people on the property. One identified himself as Max 386 00:23:39,800 --> 00:23:44,560 Speaker 3: Lennon's and another as Peter van Cleies. They had no 387 00:23:44,600 --> 00:23:48,760 Speaker 3: reason to be there, they were trespassing. It would later 388 00:23:48,800 --> 00:23:52,480 Speaker 3: come out that Peter van Cleies was actually David Lancaster. 389 00:23:53,160 --> 00:23:57,359 Speaker 3: Doyle Lancaster's son. David was the guy who had broken 390 00:23:57,440 --> 00:24:03,480 Speaker 3: Memhill's nose during the Whitethorn run. Frustrated by the deputy's dismissiveness, 391 00:24:03,920 --> 00:24:07,280 Speaker 3: John took on the investigation himself and was given a 392 00:24:07,320 --> 00:24:10,520 Speaker 3: tip that his safes were at the Urban Lumber Company 393 00:24:10,600 --> 00:24:14,560 Speaker 3: mill in the town of Carlata. That mill is right 394 00:24:14,600 --> 00:24:18,920 Speaker 3: across the street from a Pacific Lumber Company mill. John 395 00:24:18,960 --> 00:24:22,400 Speaker 3: went to the mill and found the two safes battered 396 00:24:22,560 --> 00:24:26,399 Speaker 3: and empty. He left and called the sheriff's departments in 397 00:24:26,520 --> 00:24:29,760 Speaker 3: Mendocino and Humble, but neither would commit to sending a 398 00:24:29,800 --> 00:24:33,320 Speaker 3: deputy out. He returned to the mill as workers were 399 00:24:33,359 --> 00:24:37,320 Speaker 3: about to move the safes to be recycled. He told 400 00:24:37,359 --> 00:24:40,159 Speaker 3: them the safes were evidence, and was told he was 401 00:24:40,200 --> 00:24:44,680 Speaker 3: trespassing and his life was threatened. He did get the 402 00:24:44,800 --> 00:24:47,520 Speaker 3: name of Max Lennon's, who had been coming by the 403 00:24:47,560 --> 00:24:52,040 Speaker 3: mill to burn papers. Lenin's was known to law enforcement 404 00:24:52,080 --> 00:24:56,399 Speaker 3: as a thief and in Hymen's words, all around thug. 405 00:24:57,680 --> 00:25:00,119 Speaker 3: Lenin's home had been raided by the ATF and the 406 00:25:00,240 --> 00:25:05,320 Speaker 3: past where they found what they described as a bomb factory. 407 00:25:05,920 --> 00:25:09,000 Speaker 3: John and a private investigator went looking for Lenins. 408 00:25:09,640 --> 00:25:10,280 Speaker 2: A woman who. 409 00:25:10,240 --> 00:25:12,520 Speaker 3: Lived near him said to drive up the road and 410 00:25:13,240 --> 00:25:16,440 Speaker 3: look for the mark of the beast. The gate at 411 00:25:16,440 --> 00:25:18,840 Speaker 3: the road leading to his house had a sign that read, 412 00:25:19,280 --> 00:25:21,600 Speaker 3: if you come in here, you will have to deal 413 00:25:21,680 --> 00:25:26,919 Speaker 3: with Max Lennon's and you will be dealt with harshly. Eventually, 414 00:25:27,400 --> 00:25:30,720 Speaker 3: the Humboldt County Sheriff's Department obtained a warrant to search 415 00:25:30,800 --> 00:25:34,400 Speaker 3: Lenin's property and found two hundred of the items stolen 416 00:25:34,440 --> 00:25:38,520 Speaker 3: from John and Lonette's place. They also found as Hymen 417 00:25:38,600 --> 00:25:44,280 Speaker 3: wrote Nazi paraphernalia, including a large flag featuring a swastika 418 00:25:44,600 --> 00:25:49,240 Speaker 3: beneath which was a shrine containing seven photos bracketed by 419 00:25:49,359 --> 00:25:54,280 Speaker 3: skulls festooned with Nazi emblems. They also found boxes with 420 00:25:54,359 --> 00:25:59,280 Speaker 3: newspaper clippings and photos of Judy Barry and Earth First activists, 421 00:25:59,600 --> 00:26:02,720 Speaker 3: as well well as many articles about the bombing in 422 00:26:02,840 --> 00:26:07,119 Speaker 3: nineteen ninety. While the search was in process, a man 423 00:26:07,240 --> 00:26:11,560 Speaker 3: named Dave Fontaine called the house. Fontaine was a militant 424 00:26:11,560 --> 00:26:16,760 Speaker 3: white supremacist known as Ghost. The deputies warned John about Fontaine, 425 00:26:17,200 --> 00:26:21,640 Speaker 3: saying he was very dangerous on at least two occasions. 426 00:26:22,000 --> 00:26:25,639 Speaker 3: John was aware that Fontaine was following him and was 427 00:26:25,720 --> 00:26:29,919 Speaker 3: warned that Fontaine wanted to kill him. Lenin's and an 428 00:26:29,920 --> 00:26:34,680 Speaker 3: accomplice did time for the theft. John was not murdered 429 00:26:34,800 --> 00:26:39,960 Speaker 3: by Dave Fontaine. Mark Scaramella, the current managing editor of 430 00:26:40,000 --> 00:26:43,920 Speaker 3: The Anderson Valley Advertiser mentioned the story in passing. When 431 00:26:43,920 --> 00:26:45,480 Speaker 3: I interviewed him. 432 00:26:46,119 --> 00:26:48,439 Speaker 8: Our reporter and Mark Hyman, he came up with a 433 00:26:48,480 --> 00:26:51,360 Speaker 8: logging family in Humbole County that had been found when 434 00:26:51,359 --> 00:26:53,359 Speaker 8: they did a drug raid on his house. They found 435 00:26:53,359 --> 00:26:56,800 Speaker 8: a bunch of very articles and other things that indicated 436 00:26:56,840 --> 00:27:00,560 Speaker 8: that this family was obsessed with Jenny Barry Bad You 437 00:27:00,640 --> 00:27:03,720 Speaker 8: may have been, but that you know, nobody ever really 438 00:27:04,200 --> 00:27:07,960 Speaker 8: saw any forensic connection between that family and the bombing. 439 00:27:09,840 --> 00:27:14,879 Speaker 3: So again we have connections without any evidence directly tying 440 00:27:14,960 --> 00:27:18,240 Speaker 3: them to the bombing. But you can make the same 441 00:27:18,320 --> 00:27:21,280 Speaker 3: type of case that is made against Mike Sweeney or 442 00:27:21,280 --> 00:27:25,560 Speaker 3: the FBI Timber conspiracy. Here you have a family that 443 00:27:25,640 --> 00:27:29,560 Speaker 3: has actually had a violent confrontation with Earth First, who 444 00:27:29,600 --> 00:27:32,880 Speaker 3: is working hand in hand with Earth First, Nemesis Pacific 445 00:27:32,960 --> 00:27:36,560 Speaker 3: Lumber Company, with an associate that had been rated by 446 00:27:36,560 --> 00:27:40,280 Speaker 3: the ATF, who found a bomb factory on his property, 447 00:27:40,760 --> 00:27:44,000 Speaker 3: and who then had boxes of information about Judy, earth 448 00:27:44,040 --> 00:27:47,800 Speaker 3: First and the Oakland bombing discovered in his house during 449 00:27:47,840 --> 00:27:52,760 Speaker 3: an entirely separate sheriff's raid. I mean, it looks fishy, 450 00:27:53,800 --> 00:27:56,280 Speaker 3: and this, I guess is the issue with this case. 451 00:27:57,040 --> 00:28:00,520 Speaker 3: In the complicated, fraught world of ecotopia in the late 452 00:28:00,560 --> 00:28:04,600 Speaker 3: eighties and nineties. There are so many factors and relationships 453 00:28:04,640 --> 00:28:08,280 Speaker 3: at play. You can make convincing rhetorical cases for a 454 00:28:08,400 --> 00:28:12,320 Speaker 3: number of possible perpetrators, but you constantly run into the 455 00:28:12,400 --> 00:28:15,760 Speaker 3: problem that there is no physical evidence to prove any 456 00:28:15,800 --> 00:28:21,480 Speaker 3: of these cases. You have coincidences, circumstances, relationships, and sinuations, 457 00:28:21,960 --> 00:28:29,040 Speaker 3: and the case remains unsolved. I initially chose to pursue 458 00:28:29,119 --> 00:28:33,720 Speaker 3: Judy Barry's story because I admired the tenacity, creativity, and 459 00:28:33,840 --> 00:28:37,480 Speaker 3: bravery that she brought to bear on an environmental crisis. 460 00:28:38,520 --> 00:28:40,720 Speaker 3: I thought that it was an example of something that 461 00:28:40,760 --> 00:28:43,680 Speaker 3: we are missing today when our planet is facing a 462 00:28:43,760 --> 00:28:48,720 Speaker 3: much larger and profound crisis with climate change. I did 463 00:28:48,760 --> 00:28:52,440 Speaker 3: not expect that this story would be so sidelined by 464 00:28:52,480 --> 00:28:56,440 Speaker 3: the continuing disagreement over who most likely placed the bomb 465 00:28:56,760 --> 00:29:00,680 Speaker 3: that nearly killed her in her car. Some of her 466 00:29:00,720 --> 00:29:03,959 Speaker 3: closest associates from those days were unwilling to talk to 467 00:29:03,960 --> 00:29:07,120 Speaker 3: me about Judy's life and work because I was going 468 00:29:07,160 --> 00:29:10,320 Speaker 3: to be talking with people whom they disagreed with about 469 00:29:10,360 --> 00:29:14,880 Speaker 3: the source of the bomb. Darryl Churney eventually decided that 470 00:29:15,000 --> 00:29:18,720 Speaker 3: he would in fact talk with me. This happened while 471 00:29:18,720 --> 00:29:21,760 Speaker 3: I was literally working on the script for this the 472 00:29:21,800 --> 00:29:26,280 Speaker 3: final episode we did talk, and that interview will be 473 00:29:26,320 --> 00:29:30,160 Speaker 3: released in a bonus episode. I do know that he 474 00:29:30,320 --> 00:29:33,360 Speaker 3: actively discouraged at least one person from talking to me, 475 00:29:33,880 --> 00:29:36,080 Speaker 3: and my guess is that a number of other people 476 00:29:36,160 --> 00:29:39,640 Speaker 3: who never got back to me or suddenly stopped communicating 477 00:29:39,680 --> 00:29:43,640 Speaker 3: with me were also discouraged. I'll go into that in 478 00:29:43,680 --> 00:29:47,560 Speaker 3: the bonus episode. All of this is to say that 479 00:29:47,640 --> 00:29:50,360 Speaker 3: I was disappointed not to be able to talk with 480 00:29:50,440 --> 00:29:54,320 Speaker 3: any of her closest allies about her legacy. I did 481 00:29:54,360 --> 00:29:57,000 Speaker 3: ask many of the people I interviewed for their thoughts, 482 00:29:57,360 --> 00:29:59,920 Speaker 3: and it shows a range of opinions that I think 483 00:30:00,160 --> 00:30:05,000 Speaker 3: is an apt way to end this season. Journalist Mike Janalla. 484 00:30:06,040 --> 00:30:09,680 Speaker 2: She actually was as smart as any of the boys 485 00:30:09,960 --> 00:30:10,920 Speaker 2: that I dealt. 486 00:30:10,640 --> 00:30:13,480 Speaker 3: With in that period, including Dave Foreman. 487 00:30:13,560 --> 00:30:16,360 Speaker 2: I had some conversations with him, and he's a real 488 00:30:16,480 --> 00:30:19,200 Speaker 2: interesting character and at the top of his game. But 489 00:30:19,720 --> 00:30:24,360 Speaker 2: he resented Judy Perry because she had a way of 490 00:30:24,360 --> 00:30:27,160 Speaker 2: eclipsing these guys. I'm not so sure it was part 491 00:30:27,160 --> 00:30:30,640 Speaker 2: of her strategy, although her ego was big, but it 492 00:30:30,800 --> 00:30:33,560 Speaker 2: just kind of happened. So what I'm saying is, so 493 00:30:33,760 --> 00:30:36,920 Speaker 2: she introduced that a new It was a new way 494 00:30:36,960 --> 00:30:41,080 Speaker 2: of looking at things. She empowered women to join in it, 495 00:30:41,720 --> 00:30:46,320 Speaker 2: and I think almost seems like a cliche, but her 496 00:30:46,440 --> 00:30:51,280 Speaker 2: quirky intelligence and her humor, she was a very funny 497 00:30:51,320 --> 00:30:54,400 Speaker 2: person that she brought that level to it that was 498 00:30:54,480 --> 00:30:58,160 Speaker 2: not there before. A lot of people took themselves too seriously. 499 00:30:58,680 --> 00:31:01,720 Speaker 2: It was a very serious subject, but there was a 500 00:31:01,760 --> 00:31:04,840 Speaker 2: lot of postureing. Judy knew how to posture, but she, 501 00:31:05,560 --> 00:31:09,080 Speaker 2: sitting across the table from you, got pretty real pretty quick. 502 00:31:09,480 --> 00:31:13,360 Speaker 2: Far more personable actually than most of them. 503 00:31:13,680 --> 00:31:16,240 Speaker 3: Writer and professor Bron Taylor. 504 00:31:17,640 --> 00:31:19,840 Speaker 11: Obviously, what she wanted to do is bring working people 505 00:31:19,840 --> 00:31:22,360 Speaker 11: together and greens. You know, she wanted to create a 506 00:31:22,400 --> 00:31:25,960 Speaker 11: broader coalition. She was aware that working people are usually 507 00:31:26,560 --> 00:31:30,600 Speaker 11: i think she would say, manipulated by a capitalist society 508 00:31:30,760 --> 00:31:34,520 Speaker 11: into working against their own interests and against the interests 509 00:31:34,520 --> 00:31:37,440 Speaker 11: of the planet. So she wanted a revolution. She wanted 510 00:31:37,560 --> 00:31:39,920 Speaker 11: a worker's revolution, but she wanted it to be green 511 00:31:41,320 --> 00:31:42,000 Speaker 11: Earth first. 512 00:31:42,040 --> 00:31:44,160 Speaker 3: Activist Andy Caffrey. 513 00:31:45,240 --> 00:31:46,840 Speaker 12: I mean, that's the thing about Judy. People will talk 514 00:31:46,880 --> 00:31:49,520 Speaker 12: about Judy as a leader of Earth First. No Judy 515 00:31:49,640 --> 00:31:52,800 Speaker 12: is going to be known historically as the victim of 516 00:31:52,800 --> 00:31:56,920 Speaker 12: a bombing. She didn't do anything that made any real 517 00:31:56,960 --> 00:32:00,920 Speaker 12: impact or worked with loggers, didn't lead to anything. She 518 00:32:01,040 --> 00:32:05,120 Speaker 12: died from breast cancer the metastasized to her liver. I 519 00:32:05,200 --> 00:32:08,560 Speaker 12: don't know if the bombing impact on her could have 520 00:32:08,600 --> 00:32:09,920 Speaker 12: contributed to that. 521 00:32:10,240 --> 00:32:14,240 Speaker 13: But if it did, that's even more tragic. After she died, 522 00:32:14,720 --> 00:32:20,080 Speaker 13: there's been no Baryism or Judyism wing in Earth First. 523 00:32:20,320 --> 00:32:22,640 Speaker 13: There was nobody who tried to keep it going. 524 00:32:24,320 --> 00:32:28,600 Speaker 3: Author and investigator David Halvard I. 525 00:32:28,560 --> 00:32:31,160 Speaker 14: Got a call from a woman who identified herself as 526 00:32:31,160 --> 00:32:34,520 Speaker 14: a journalist. But it became pretty easy, pretty quickly to 527 00:32:34,560 --> 00:32:36,240 Speaker 14: realize she has had an agenda. 528 00:32:36,440 --> 00:32:37,520 Speaker 1: She was writing a book on. 529 00:32:37,560 --> 00:32:40,240 Speaker 14: Judy for a right wing publisher. She was asking you 530 00:32:40,280 --> 00:32:43,680 Speaker 14: all these questions about how Judy argued with people, and 531 00:32:43,800 --> 00:32:47,800 Speaker 14: wasn't she really, you know, confrontational, And finally I said, look, 532 00:32:47,920 --> 00:32:51,200 Speaker 14: some people are easy to along with, some people are difficult. 533 00:32:51,240 --> 00:32:54,160 Speaker 14: But Judy Barry left a legacy. There's seventy five hundred 534 00:32:54,200 --> 00:32:57,160 Speaker 14: acres of old growth redwood in the head waters. 535 00:32:57,680 --> 00:32:58,680 Speaker 1: That or her. 536 00:32:58,600 --> 00:33:01,800 Speaker 14: Legacy, if it hadn't in for the campaign that she 537 00:33:01,960 --> 00:33:05,600 Speaker 14: led that seventy five hundred acres was slated for clear cutting, 538 00:33:06,040 --> 00:33:08,120 Speaker 14: and it was only her movement that got the state 539 00:33:08,200 --> 00:33:12,680 Speaker 14: engaged that eventually it became a redwood reserve that this 540 00:33:12,800 --> 00:33:17,160 Speaker 14: generation of future generations can go and see this incredible 541 00:33:17,360 --> 00:33:21,040 Speaker 14: wilderness resource. And that's you know, from my perspective, that's 542 00:33:21,080 --> 00:33:21,760 Speaker 14: her legacy. 543 00:33:23,520 --> 00:33:27,760 Speaker 3: Journalist and documentary filmmaker Steve Talbot. 544 00:33:28,320 --> 00:33:31,840 Speaker 15: I still think of her as an environmental hero who 545 00:33:31,840 --> 00:33:35,640 Speaker 15: took a lot of risks and who in the end 546 00:33:36,120 --> 00:33:40,880 Speaker 15: she won the Headwaters forests, some seven thousand acres of 547 00:33:41,120 --> 00:33:45,520 Speaker 15: old mainly old growth forests were preserved. Now, Judy wasn't 548 00:33:45,560 --> 00:33:48,840 Speaker 15: the only one who made that happen. There were lots 549 00:33:48,880 --> 00:33:53,160 Speaker 15: of other environmentalists and politicians who made that deal and 550 00:33:53,200 --> 00:33:57,080 Speaker 15: who preserved that land. But she was a major force. 551 00:33:57,240 --> 00:34:00,400 Speaker 15: So she deserves a lot of credit for doing that. 552 00:33:59,800 --> 00:34:02,520 Speaker 15: And that's why I did this story in the first place, 553 00:34:02,560 --> 00:34:06,280 Speaker 15: because I admired her. Now, the other side of that 554 00:34:06,600 --> 00:34:10,600 Speaker 15: is that Judy was a piece of work. She was 555 00:34:10,640 --> 00:34:15,960 Speaker 15: a character, She was feisty. Her older sister is Gina Kolatta, 556 00:34:16,200 --> 00:34:19,400 Speaker 15: who is a longstanding health and science writer for The 557 00:34:19,440 --> 00:34:23,440 Speaker 15: New York Times. Well, Judy couldn't stand her sister. She 558 00:34:23,960 --> 00:34:27,319 Speaker 15: always used to say to me, don't you hate it 559 00:34:27,760 --> 00:34:32,560 Speaker 15: when your siblings outshine you are more famous than you. 560 00:34:34,040 --> 00:34:40,560 Speaker 15: I said, no, it's never bothered me, but obviously bothered Judy. 561 00:34:40,640 --> 00:34:46,560 Speaker 15: So she had issues. Judy had issues, and she was 562 00:34:46,600 --> 00:34:51,439 Speaker 15: a complicated person, and she's one of those characters I'll 563 00:34:51,440 --> 00:34:55,479 Speaker 15: never forget, that's for sure, but I will say for 564 00:34:55,520 --> 00:35:00,920 Speaker 15: the record what she did overall was still very important 565 00:35:01,000 --> 00:35:04,560 Speaker 15: in helping to save and preserve old growth redwoods in 566 00:35:04,600 --> 00:35:05,640 Speaker 15: northern California. 567 00:35:07,280 --> 00:35:11,520 Speaker 3: Poet and writer Crawdad Nelson, Well, I. 568 00:35:11,480 --> 00:35:15,000 Speaker 5: Would say there's probably two legacies. The people who were 569 00:35:15,000 --> 00:35:18,440 Speaker 5: in her community and supported her and believed her and 570 00:35:18,520 --> 00:35:21,120 Speaker 5: you know, went along with all that considered her like 571 00:35:21,400 --> 00:35:25,160 Speaker 5: a powerful hero of the community and the movement and 572 00:35:25,440 --> 00:35:29,280 Speaker 5: those sort of terms. And there's another side of people 573 00:35:29,360 --> 00:35:33,760 Speaker 5: who probably considered her irrelevant and discredited at this point 574 00:35:34,000 --> 00:35:39,040 Speaker 5: the way the controversy kind of died, but because you know, 575 00:35:39,120 --> 00:35:42,120 Speaker 5: the timber was gone. Though they didn't really save that much, 576 00:35:42,239 --> 00:35:45,279 Speaker 5: they didn't change that much. So the people who were 577 00:35:45,320 --> 00:35:48,760 Speaker 5: against her then are probably just glad she's not still around. 578 00:35:49,160 --> 00:35:52,239 Speaker 5: But the other people definitely keep her memory close to 579 00:35:52,400 --> 00:35:56,280 Speaker 5: semi sacred status in some places. I would think because 580 00:35:56,480 --> 00:35:59,600 Speaker 5: she brought a lot of people out. She was good 581 00:35:59,640 --> 00:36:03,799 Speaker 5: at getting out a very simple, clear, understandable message and 582 00:36:03,880 --> 00:36:07,719 Speaker 5: being passionate about it and got to people. It's still 583 00:36:07,760 --> 00:36:09,320 Speaker 5: with them. 584 00:36:09,800 --> 00:36:13,279 Speaker 3: Looking back on my experience working on the season, I 585 00:36:13,360 --> 00:36:16,000 Speaker 3: think that the fight over the identity of the bomber 586 00:36:16,400 --> 00:36:19,839 Speaker 3: both obscures her legacy and is a battle over it. 587 00:36:20,800 --> 00:36:25,360 Speaker 3: The FBI Timber conspiracy theory supports the idea that she 588 00:36:25,600 --> 00:36:29,120 Speaker 3: was a unique threat. The theory holds that the killing 589 00:36:29,120 --> 00:36:32,319 Speaker 3: of Fred Hampton and Mark Clark in nineteen sixty nine 590 00:36:32,920 --> 00:36:36,680 Speaker 3: was an assassination carried out by the FBI and Chicago 591 00:36:36,719 --> 00:36:41,080 Speaker 3: Police Department, and that two decades passed before another radical 592 00:36:41,160 --> 00:36:45,239 Speaker 3: leader emerged who was too dangerous to live, and that 593 00:36:45,320 --> 00:36:49,120 Speaker 3: leader was Judy Barry. And if the bombing wasn't a 594 00:36:49,160 --> 00:36:52,840 Speaker 3: result of this conspiracy, if it was just domestic violence 595 00:36:53,160 --> 00:36:57,279 Speaker 3: or a furious lagger or a white supremacist, her legacy 596 00:36:57,400 --> 00:37:01,480 Speaker 3: would be diminished. I don't believe this is true, but 597 00:37:01,560 --> 00:37:04,480 Speaker 3: as long as the fight continues about the bombing, the 598 00:37:04,560 --> 00:37:07,720 Speaker 3: example of her life will be secondary to the cause 599 00:37:07,880 --> 00:37:13,439 Speaker 3: of her near death. I'm Toby Ball and this has 600 00:37:13,480 --> 00:37:17,600 Speaker 3: been rip Current Season two, who tried to kill Judy Barry. 601 00:37:18,520 --> 00:37:19,480 Speaker 3: Thanks for listening. 602 00:37:23,440 --> 00:37:26,600 Speaker 16: Rip Current was written and hosted by Toby Ball. Our 603 00:37:26,680 --> 00:37:30,600 Speaker 16: executive producers are Trevor Young and Matt Frederick, with supervising 604 00:37:30,640 --> 00:37:34,880 Speaker 16: producer Remeat el Kyali and producers Nomes Griffin and Jesse Funk. 605 00:37:35,320 --> 00:37:39,000 Speaker 16: Original music by Jess Sanoff. Our voice actor for Judy 606 00:37:39,040 --> 00:37:43,120 Speaker 16: Barry is Gina Rickikey. Editing and sound design by Noames Griffin, 607 00:37:43,480 --> 00:37:47,320 Speaker 16: Rima el Kylie and Jesse Funk. The show is mixed 608 00:37:47,400 --> 00:37:51,879 Speaker 16: by Rima el Kyali. For more podcasts from iHeartRadio, visit 609 00:37:51,920 --> 00:37:57,760 Speaker 16: the iHeartRadio app, Apple Podcasts, or wherever you get your podcasts.