1 00:00:01,720 --> 00:00:04,400 Speaker 1: Rip Current is a production of iHeart Podcasts. 2 00:00:04,559 --> 00:00:08,040 Speaker 2: The views and opinions expressed do not necessarily reflect. 3 00:00:07,640 --> 00:00:11,360 Speaker 1: Those if the host, producers, or parent company listener discretion. 4 00:00:11,680 --> 00:00:15,240 Speaker 3: Is it fine. 5 00:00:15,920 --> 00:00:20,120 Speaker 4: On April twenty fourth, nineteen ninety, exactly one month before 6 00:00:20,160 --> 00:00:23,320 Speaker 4: the bombing of Judy Berry's car, The above the fold 7 00:00:23,360 --> 00:00:27,080 Speaker 4: headline of the evening edition of the San Francisco Examiner 8 00:00:27,160 --> 00:00:32,880 Speaker 4: read activists occupy gg Bridge. Below this was a photo 9 00:00:32,920 --> 00:00:35,680 Speaker 4: of seven people at various spots on one of the 10 00:00:35,680 --> 00:00:40,760 Speaker 4: Golden gate Bridge's enormous suspension cables. The caption below said 11 00:00:40,800 --> 00:00:44,239 Speaker 4: that the photo showed Golden gate Bridge iron workers removing 12 00:00:44,280 --> 00:00:47,960 Speaker 4: Earth First militants from where they were perched on the cable. 13 00:00:49,120 --> 00:00:54,280 Speaker 4: Underneath the photo was another headline, thirteen Earth First Militants seized. 14 00:00:55,320 --> 00:00:57,720 Speaker 4: The article began a. 15 00:00:57,680 --> 00:01:01,560 Speaker 5: Militant environmentalist continue to flurry of post Earth Day activity 16 00:01:01,640 --> 00:01:04,119 Speaker 5: by climbing the Golden gate Bridge and trying to unfurl 17 00:01:04,160 --> 00:01:08,600 Speaker 5: a banner during Tuesday morning's rush hour. Meanwhile, the FBI 18 00:01:08,800 --> 00:01:12,479 Speaker 5: investigated powerline sabotage that left as many as one hundred 19 00:01:12,520 --> 00:01:17,600 Speaker 5: thousand customers from Morgan Hill to Watsonville without electricity, a 20 00:01:17,680 --> 00:01:24,080 Speaker 5: previously unknown environmental group took responsibility for the sabotage, so. 21 00:01:24,040 --> 00:01:27,640 Speaker 4: The article immediately connects the two events. They go on 22 00:01:27,720 --> 00:01:32,520 Speaker 4: to identify the Golden gate Bridge environmentalists as Earth First activists. 23 00:01:33,560 --> 00:01:37,600 Speaker 4: The article continues to combine the two events, acknowledging that 24 00:01:37,640 --> 00:01:41,120 Speaker 4: the power outage had been claimed by a previously unknown 25 00:01:41,160 --> 00:01:45,880 Speaker 4: group called the Earth Night Action Group. The Earth First 26 00:01:45,959 --> 00:01:49,440 Speaker 4: activists on the bridge were arrested, as were Darryl Churney 27 00:01:49,760 --> 00:01:52,600 Speaker 4: and another activists who weren't on the bridge but were 28 00:01:52,640 --> 00:01:57,600 Speaker 4: in support roles. The following day, the San Francisco Examiner 29 00:01:57,680 --> 00:02:02,559 Speaker 4: ran two articles under one headline read eco wars. Battle 30 00:02:02,640 --> 00:02:06,680 Speaker 4: for the environment is heating up. One of the articles 31 00:02:06,760 --> 00:02:10,200 Speaker 4: was about young people being drawn to direct action environmental 32 00:02:10,200 --> 00:02:13,960 Speaker 4: groups like Earth First. The other article laid out a 33 00:02:14,040 --> 00:02:16,959 Speaker 4: fantasy of what could happen to San Francisco. 34 00:02:17,360 --> 00:02:23,640 Speaker 5: It began the scenario terrorists, whether religious fanatics or political zealots, 35 00:02:23,800 --> 00:02:27,720 Speaker 5: attacked the Bay area. They planned explosives on the transmission 36 00:02:27,720 --> 00:02:31,919 Speaker 5: towers of key electric lines. They bomb telephone switching stations. 37 00:02:32,440 --> 00:02:33,400 Speaker 5: They poison the water. 38 00:02:36,400 --> 00:02:40,480 Speaker 4: The juxtaposition of the two articles left little doubt that 39 00:02:40,520 --> 00:02:44,040 Speaker 4: this article was envisioning an attack by Earth First or 40 00:02:44,080 --> 00:02:49,440 Speaker 4: some similar group. The examiner at least had decided Earth 41 00:02:49,560 --> 00:02:53,240 Speaker 4: First were terrorists. It was a judgment that would inform 42 00:02:53,280 --> 00:02:57,040 Speaker 4: the investigation into the car bomb that happened a month later. 43 00:02:58,040 --> 00:03:02,120 Speaker 6: And by then the AMBI at all where their terrorists 44 00:03:02,400 --> 00:03:07,400 Speaker 6: terrorists became more so car bombing was a terrorist act, 45 00:03:07,840 --> 00:03:10,400 Speaker 6: and that's how it was put out to the public. 46 00:03:12,720 --> 00:03:17,360 Speaker 4: I'm Toby Ball and this is rip current episode seven. 47 00:03:18,200 --> 00:03:28,880 Speaker 4: It's hard to say who the victim is. Josh Morsel 48 00:03:29,120 --> 00:03:32,520 Speaker 4: worked on the legal team representing Judy Berry's estate and 49 00:03:32,600 --> 00:03:36,560 Speaker 4: Darryl Turney in their civil suit against the FBI and 50 00:03:36,600 --> 00:03:41,160 Speaker 4: the Oakland and San Francisco police departments. The suit claimed 51 00:03:41,560 --> 00:03:44,760 Speaker 4: Judy and Darryl's civil rights were violated when they were 52 00:03:44,880 --> 00:03:48,440 Speaker 4: arrested for supposedly placing a bomb in their own car. 53 00:03:49,200 --> 00:03:51,920 Speaker 4: As we will see, that is not what happened. 54 00:03:54,440 --> 00:04:00,760 Speaker 7: Ninety maybe ten minutes to noon to Thursday, Judy and 55 00:04:00,800 --> 00:04:03,680 Speaker 7: Darrel are driving up Park Boulevard in Oakland. 56 00:04:05,280 --> 00:04:07,640 Speaker 4: As we heard in the first episode of this season, 57 00:04:08,160 --> 00:04:10,520 Speaker 4: Judy and Darryl had spent the night of the twenty 58 00:04:10,600 --> 00:04:14,560 Speaker 4: third at an organizing meeting with the group Seeds of Peace. 59 00:04:15,720 --> 00:04:18,280 Speaker 4: That morning, they were heading to Santa Cruz for a 60 00:04:18,320 --> 00:04:21,440 Speaker 4: concert and recruit students for Redwood Summer. 61 00:04:22,640 --> 00:04:26,880 Speaker 7: They're passing Oakland High School. She starts to turn into 62 00:04:26,920 --> 00:04:28,800 Speaker 7: the turn lane a little too quickly. She's getting ready 63 00:04:28,839 --> 00:04:30,359 Speaker 7: to get on the freeway to head up to Berkeley, 64 00:04:31,040 --> 00:04:33,800 Speaker 7: and she realizes she made a mistake, and she kind 65 00:04:33,800 --> 00:04:36,800 Speaker 7: of swerves back and bomb explodes. 66 00:04:37,360 --> 00:04:40,320 Speaker 8: The explosion happened near the intersection of Park and MacArthur 67 00:04:40,360 --> 00:04:44,280 Speaker 8: Boulevards yesterday just before noon. Barry was driving her white 68 00:04:44,360 --> 00:04:47,920 Speaker 8: Subaro with Journey in the passenger seat when a bomb exploded. 69 00:04:48,560 --> 00:04:49,200 Speaker 4: I felt it. 70 00:04:49,400 --> 00:04:53,240 Speaker 9: I felt a huge force that came from directly below me. 71 00:04:53,279 --> 00:04:55,840 Speaker 9: It was the hugest thing I'd ever felt in my life. 72 00:04:55,839 --> 00:04:59,760 Speaker 9: It was the most violent foresight ever felt. And it 73 00:04:59,839 --> 00:05:02,800 Speaker 9: was directional and it came from below me, and I 74 00:05:02,880 --> 00:05:06,120 Speaker 9: felt it ripped through my body. 75 00:05:06,160 --> 00:05:09,080 Speaker 4: This is Judy Barry talking about the moment of the 76 00:05:09,120 --> 00:05:14,320 Speaker 4: blast during her recorded deposition in nineteen ninety seven. What 77 00:05:14,560 --> 00:05:17,920 Speaker 4: happened next that you can recall The next thing. 78 00:05:18,000 --> 00:05:23,240 Speaker 9: I remember the car was stopped and there were people around, 79 00:05:23,640 --> 00:05:27,160 Speaker 9: and I was in incredible pain that I had never 80 00:05:27,160 --> 00:05:30,360 Speaker 9: felt before. I knew my back was broken. My legs 81 00:05:30,440 --> 00:05:33,520 Speaker 9: both were immobile. At the time, I knew that my 82 00:05:33,560 --> 00:05:36,560 Speaker 9: body was ruined. I knew that I was paralyzed. I 83 00:05:36,640 --> 00:05:40,840 Speaker 9: felt that I was dying. I don't remember exact conversation, 84 00:05:41,400 --> 00:05:44,080 Speaker 9: but I do remember just. 85 00:05:44,000 --> 00:05:46,679 Speaker 1: Saying I'm dying. I'm dying. My back is broken. 86 00:05:49,480 --> 00:05:54,080 Speaker 7: The first cop to discover her, guy named Olner Brewer, 87 00:05:54,800 --> 00:05:55,800 Speaker 7: he sees some smoke. 88 00:05:56,600 --> 00:05:58,240 Speaker 1: He goes and responds. 89 00:05:58,279 --> 00:06:00,919 Speaker 7: He sees Judy and Daryl in the car, and he 90 00:06:01,000 --> 00:06:04,960 Speaker 7: ends up phoning into the Oakland Police says that his 91 00:06:05,040 --> 00:06:08,880 Speaker 7: bomb is exploded. Lieutenant Simms. At this point, he calls 92 00:06:09,240 --> 00:06:12,320 Speaker 7: Sergeant Siderard into his office. He says, all right, this 93 00:06:12,360 --> 00:06:15,719 Speaker 7: bomb exploded. You're going to be the lead investigator respond 94 00:06:15,720 --> 00:06:17,080 Speaker 7: to the scene. 95 00:06:17,880 --> 00:06:23,880 Speaker 4: It took Siderud about ten minutes to drive to the scene. 96 00:06:22,720 --> 00:06:25,040 Speaker 7: And he takes a look around. At this point, when 97 00:06:25,040 --> 00:06:29,840 Speaker 7: Siderude arrives, paramedics had already responded. They had already extracted 98 00:06:29,880 --> 00:06:31,760 Speaker 7: Judy and Daryl from the car. 99 00:06:32,880 --> 00:06:37,320 Speaker 4: Daryl was extracted first, and then Judy, who was grievously injured. 100 00:06:38,520 --> 00:06:41,960 Speaker 9: I just remember incredible pain. I was not conscious enough 101 00:06:42,000 --> 00:06:46,000 Speaker 9: of what was being done to me to describe that 102 00:06:46,080 --> 00:06:48,279 Speaker 9: except that it was incredible pain. 103 00:06:48,760 --> 00:06:52,159 Speaker 3: And what's the next thing you remember after being taken 104 00:06:52,120 --> 00:06:52,720 Speaker 3: old car. 105 00:06:53,880 --> 00:06:58,000 Speaker 9: I remember being placed on a gurney, which again was 106 00:06:58,040 --> 00:07:01,159 Speaker 9: another incredible pain. I remember being put in an ambulance. 107 00:07:02,200 --> 00:07:05,760 Speaker 9: I remember going to the hospital and the ambulance. 108 00:07:07,520 --> 00:07:10,400 Speaker 7: We have Ciderot's log where he types in the time 109 00:07:10,520 --> 00:07:13,600 Speaker 7: and then what happens. So by twelve ten, says he's arrived, 110 00:07:13,600 --> 00:07:15,440 Speaker 7: So this is about twenty minutes after. 111 00:07:15,240 --> 00:07:16,080 Speaker 1: The bombing occurred. 112 00:07:16,480 --> 00:07:19,960 Speaker 7: By twelve twenty, he says that an FBI agent has 113 00:07:20,000 --> 00:07:23,520 Speaker 7: told him that these are the type of people who 114 00:07:23,560 --> 00:07:28,640 Speaker 7: would be transporting explosives, that these are people connected to 115 00:07:29,080 --> 00:07:32,000 Speaker 7: terrorist investigations, that they're from a group called Earth First 116 00:07:33,000 --> 00:07:38,120 Speaker 7: that is known to do things like hammer nails into 117 00:07:38,200 --> 00:07:43,520 Speaker 7: trees that will cause chainsaws to break another dangerous things. 118 00:07:44,360 --> 00:07:47,120 Speaker 7: This course starts to make him a little suspicious about 119 00:07:47,160 --> 00:07:48,640 Speaker 7: who these people in the car are. 120 00:07:49,560 --> 00:07:53,840 Speaker 10: We're still processing the same for additional devices within that 121 00:07:53,920 --> 00:07:57,280 Speaker 10: car and other cars that may have been associated with 122 00:07:57,320 --> 00:08:01,080 Speaker 10: that car. We haven't any definditive information on the nature 123 00:08:01,080 --> 00:08:04,320 Speaker 10: of the advice yet for any suspects in the case. 124 00:08:06,920 --> 00:08:10,760 Speaker 7: Sitderout and Frank Doyle go and look at the car together. 125 00:08:11,480 --> 00:08:11,600 Speaker 1: Now. 126 00:08:11,640 --> 00:08:14,960 Speaker 7: The way Doyle got there is he had been driving 127 00:08:15,560 --> 00:08:18,520 Speaker 7: in his Chevy Suburban around the East Bay, but he 128 00:08:18,560 --> 00:08:20,760 Speaker 7: gets a call in his car phone from John Reikes, 129 00:08:20,760 --> 00:08:24,840 Speaker 7: a supervisor. Reichs says, there's been a bombing. I want 130 00:08:24,840 --> 00:08:26,840 Speaker 7: you to respond to it. I want you to coordinate 131 00:08:26,840 --> 00:08:27,960 Speaker 7: collection of the evidence. 132 00:08:29,680 --> 00:08:33,880 Speaker 4: Frank Doyle will become a controversial person in the investigation 133 00:08:34,120 --> 00:08:35,800 Speaker 4: immediately following the bombing. 134 00:08:37,400 --> 00:08:40,520 Speaker 7: The deal is normally a bombing is not a case 135 00:08:40,520 --> 00:08:42,640 Speaker 7: for the FBI. Normally, in bombing would be a case 136 00:08:42,800 --> 00:08:45,360 Speaker 7: for the Bureau of Alcohol, Tobacco and Firearms. 137 00:08:46,760 --> 00:08:51,960 Speaker 4: There are, however, circumstances under which the FBI has jurisdiction 138 00:08:52,200 --> 00:08:55,800 Speaker 4: in bombing cases. One of these is if it is 139 00:08:55,840 --> 00:08:57,320 Speaker 4: an act of terrorism. 140 00:08:58,960 --> 00:09:02,800 Speaker 7: Sob I guess that pretty quickly and asserts its control 141 00:09:02,840 --> 00:09:06,480 Speaker 7: over the case from the federal angle. Tells the ATF 142 00:09:06,600 --> 00:09:08,640 Speaker 7: we believe this is a terrorist matter. We're going to 143 00:09:08,679 --> 00:09:11,080 Speaker 7: be handling the federal angle here, but you can help. 144 00:09:13,040 --> 00:09:17,199 Speaker 4: Another Oakland officer, Robert Channel, arrived at the scene later. 145 00:09:18,160 --> 00:09:21,120 Speaker 4: In an affidavit filed the following day as part of 146 00:09:21,160 --> 00:09:25,120 Speaker 4: a search warrant request, he described the way FBI agent 147 00:09:25,200 --> 00:09:29,800 Speaker 4: Frank Doyle presented himself to the Oakland cops. Channault refers 148 00:09:29,840 --> 00:09:33,440 Speaker 4: to himself as the affiance in this affidavit. 149 00:09:34,440 --> 00:09:37,680 Speaker 5: Special Agent Frank Doyle, Junior, who told affient that he 150 00:09:37,679 --> 00:09:41,400 Speaker 5: has been assigned to the International Slash Domestic Terrorism Squad 151 00:09:41,520 --> 00:09:43,960 Speaker 5: for the past twenty years, has been trained as a 152 00:09:44,000 --> 00:09:48,280 Speaker 5: hazardous devices technician, is a police instructor in terrorism and 153 00:09:48,320 --> 00:09:52,040 Speaker 5: bomb matters, and has processed approximately one hundred and fifty 154 00:09:52,080 --> 00:09:56,280 Speaker 5: bombing crimes in the United States. Agent Doyle has testified 155 00:09:56,360 --> 00:09:59,920 Speaker 5: in federal, state, and local courts as an expert concerning 156 00:10:00,000 --> 00:10:00,760 Speaker 5: bombing matters. 157 00:10:02,559 --> 00:10:06,199 Speaker 4: Doyle had positioned himself as the expert on the scene. 158 00:10:06,840 --> 00:10:10,400 Speaker 4: After the technicians had cleared the scene for inspection, Doyle 159 00:10:10,559 --> 00:10:13,800 Speaker 4: and Siterude approached the car. 160 00:10:15,120 --> 00:10:17,480 Speaker 7: They look at It looks like the bomb had been 161 00:10:17,480 --> 00:10:21,880 Speaker 7: located inside the car, as opposed to underneath the car 162 00:10:22,080 --> 00:10:24,480 Speaker 7: or in the engine compartment. It had been somewhere in 163 00:10:24,480 --> 00:10:26,800 Speaker 7: the passage compartment, Doyle points out. He says, look, there's 164 00:10:26,840 --> 00:10:29,480 Speaker 7: a hole behind the driver's seat, in the rear seat 165 00:10:29,559 --> 00:10:34,160 Speaker 7: floorboard where the bomb reassume blew that hole. And he 166 00:10:34,240 --> 00:10:37,040 Speaker 7: looks in the sidewalk and there's a guitar case and 167 00:10:37,080 --> 00:10:39,959 Speaker 7: a violin case there. Then they're kind of the damage 168 00:10:39,960 --> 00:10:42,440 Speaker 7: that kind of like cracked and fractured. In fact, what 169 00:10:42,480 --> 00:10:44,400 Speaker 7: had happened is the paramedics that pulled them out of 170 00:10:44,400 --> 00:10:46,520 Speaker 7: the car and tossed them on the sidewalk. When they 171 00:10:46,520 --> 00:10:50,120 Speaker 7: were extracting Judy from the car, Doyle says, I think 172 00:10:50,360 --> 00:10:53,480 Speaker 7: those the guitar and the violin were probably on top 173 00:10:53,520 --> 00:10:55,920 Speaker 7: of the bomb. The bomb was in the rear seat floorboard. 174 00:10:57,520 --> 00:10:59,760 Speaker 4: This turned out not to be the case, as we 175 00:10:59,800 --> 00:11:04,120 Speaker 4: will see in a few minutes. Regardless, Doyle's identification of 176 00:11:04,120 --> 00:11:07,680 Speaker 4: the floorboard behind the driver's seat as the location where 177 00:11:07,679 --> 00:11:10,960 Speaker 4: the bomb was placed led Doyle to conclude that Judy 178 00:11:11,040 --> 00:11:13,160 Speaker 4: and Darrell must have known about the bomb. 179 00:11:14,520 --> 00:11:17,959 Speaker 7: Presuming that Judy and Darrell loaded their instruments in the 180 00:11:18,120 --> 00:11:20,800 Speaker 7: car that morning, they would have seen the bomb there 181 00:11:20,800 --> 00:11:23,120 Speaker 7: in the rear seat floorboard. It was in Plaine View 182 00:11:23,160 --> 00:11:26,320 Speaker 7: on the rear seat floorboard. This must be their bomb. 183 00:11:27,400 --> 00:11:30,120 Speaker 3: Sources have told us police believe the bomb was being 184 00:11:30,200 --> 00:11:33,560 Speaker 3: carried in a guitar case that belonged to Judy Barry, 185 00:11:33,840 --> 00:11:37,040 Speaker 3: and that, according to police Lieutenant Mike Simms, is why 186 00:11:37,040 --> 00:11:40,200 Speaker 3: police believe the suspects knew the bomb was in the car. 187 00:11:41,000 --> 00:11:43,319 Speaker 10: Based on where we've determined the location of the device, 188 00:11:43,760 --> 00:11:46,000 Speaker 10: we believe they should have known it was there, and 189 00:11:46,040 --> 00:11:47,760 Speaker 10: that's the fact that we considered. 190 00:11:49,640 --> 00:11:52,760 Speaker 4: Bolstering this suspicion that Judy and Daryl would have known 191 00:11:52,800 --> 00:11:55,360 Speaker 4: the bomb was in the car was the way the 192 00:11:55,480 --> 00:11:59,960 Speaker 4: FBI and after being briefed, the Oakland PD regarded Earth. 193 00:12:01,480 --> 00:12:01,800 Speaker 1: Again. 194 00:12:02,240 --> 00:12:05,640 Speaker 4: Robert Chenault's affidavit gives an accounting of what the FBI 195 00:12:05,760 --> 00:12:09,920 Speaker 4: told the Oakland PD about the Earth First victims. He 196 00:12:09,960 --> 00:12:12,480 Speaker 4: writes from his viewpoint, but it would come out in 197 00:12:12,520 --> 00:12:16,040 Speaker 4: a later trial that they were working with information given 198 00:12:16,080 --> 00:12:17,400 Speaker 4: to them by the FBI. 199 00:12:18,840 --> 00:12:21,599 Speaker 5: Affient believes that Barry and Churney are members of a 200 00:12:21,679 --> 00:12:25,320 Speaker 5: violent terrorist group involved in the manufacture and placing of 201 00:12:25,360 --> 00:12:29,920 Speaker 5: explosive devices. Affiant also believes that Barry and Cherney were 202 00:12:29,960 --> 00:12:33,840 Speaker 5: transporting an explosive device in their vehicle when the device exploded. 203 00:12:35,040 --> 00:12:37,920 Speaker 7: They spent several hours with the scene collecting the evidence. 204 00:12:38,360 --> 00:12:42,600 Speaker 7: By five PM, there's a news clip on TV where 205 00:12:42,600 --> 00:12:45,520 Speaker 7: you can see in the background they're towing the car 206 00:12:45,559 --> 00:12:49,600 Speaker 7: away and the reporter is reporting, we bomb exploded in 207 00:12:49,600 --> 00:12:51,640 Speaker 7: the car of two members of Earth First in Oakland 208 00:12:51,640 --> 00:12:53,520 Speaker 7: today and according to it, off. 209 00:12:53,400 --> 00:12:54,040 Speaker 1: Down the street. 210 00:12:54,080 --> 00:12:56,520 Speaker 11: The car that you see that that covered blue thing 211 00:12:56,640 --> 00:13:01,040 Speaker 11: is the car. It's a little white Subaru drive station wagon. 212 00:13:01,080 --> 00:13:03,360 Speaker 11: They've just pulled it up under the truck and they're 213 00:13:03,360 --> 00:13:06,080 Speaker 11: going to take it away. That pretty much concludes the investigation. 214 00:13:06,200 --> 00:13:07,000 Speaker 1: Before that, they were. 215 00:13:06,920 --> 00:13:09,239 Speaker 11: Crawling around their hands and knees picking up parts. 216 00:13:08,960 --> 00:13:09,520 Speaker 1: Of that car. 217 00:13:09,720 --> 00:13:11,320 Speaker 11: Here's what we know about what happened. 218 00:13:11,679 --> 00:13:15,200 Speaker 4: Once the bomb scene had been processed, Oakland police and 219 00:13:15,320 --> 00:13:20,200 Speaker 4: FBI agents convened at the Oakland Police Department. Oakland Police 220 00:13:20,320 --> 00:13:25,280 Speaker 4: would nominally take the lead making arrest decisions. The FBI, though, 221 00:13:25,600 --> 00:13:27,480 Speaker 4: had more context for the bombing. 222 00:13:28,640 --> 00:13:32,040 Speaker 7: The FBI gives a briefing to the police. We have 223 00:13:32,120 --> 00:13:35,240 Speaker 7: the notes of some of the police officers who were there, 224 00:13:35,280 --> 00:13:38,040 Speaker 7: and one of them says, in big letters up at 225 00:13:38,080 --> 00:13:43,319 Speaker 7: the top earth first, quotation marks, and he testified, well, 226 00:13:43,400 --> 00:13:45,840 Speaker 7: I wrote earth First because earth First was the topic 227 00:13:45,840 --> 00:13:47,680 Speaker 7: of the briefing. And you can see from these notes 228 00:13:47,760 --> 00:13:52,720 Speaker 7: that Reichs tells the assembled investigators that Judy and Darryl 229 00:13:52,760 --> 00:13:56,480 Speaker 7: are connected to terrorism investigations in Santa Cruz and Arizona. 230 00:13:56,800 --> 00:14:00,600 Speaker 7: Regarding the downing of power lines were in the notes, 231 00:14:00,800 --> 00:14:04,840 Speaker 7: says that maybe power lines were bombed, which never happened anywhere. 232 00:14:06,400 --> 00:14:10,440 Speaker 4: So Earth First was immediately identified as a terrorist organization 233 00:14:11,240 --> 00:14:13,720 Speaker 4: and this colored the initial investigation. 234 00:14:15,160 --> 00:14:18,640 Speaker 7: Reich's leads the briefing, and then Senna and Doyle both 235 00:14:18,640 --> 00:14:21,440 Speaker 7: talk also, and the key things he says are, he 236 00:14:21,480 --> 00:14:26,000 Speaker 7: says cornas Doyle, the bomb was most likely located behind 237 00:14:26,040 --> 00:14:28,040 Speaker 7: the driver's seat, where it would have been in plane 238 00:14:28,120 --> 00:14:32,200 Speaker 7: view to the drivers. And then he adds in another piece. 239 00:14:32,240 --> 00:14:35,520 Speaker 7: He says, and a bag of nails was found in 240 00:14:35,560 --> 00:14:39,120 Speaker 7: the car that are identical to the nails from the bomb. 241 00:14:40,360 --> 00:14:43,040 Speaker 4: But the bomb was not behind the driver's seat and 242 00:14:43,080 --> 00:14:47,520 Speaker 4: the nails weren't identical. The investigation began with these two 243 00:14:47,520 --> 00:14:51,280 Speaker 4: assumptions that were not only wrong, but then implicated Judy 244 00:14:51,320 --> 00:14:54,600 Speaker 4: and Darryl in their own bombing. There was a third 245 00:14:54,640 --> 00:14:58,720 Speaker 4: assumption as well, one that law enforcement used to single 246 00:14:58,760 --> 00:15:04,000 Speaker 4: mindedly pursue and Darryl. That assumption was that Earth First 247 00:15:04,320 --> 00:15:08,720 Speaker 4: was a violent terrorist group. Less than twenty four hours 248 00:15:08,760 --> 00:15:12,600 Speaker 4: after the bombing, both would be under arrest, accused of 249 00:15:12,680 --> 00:15:23,120 Speaker 4: transporting the bomb in Judy's car. After the break, Earth 250 00:15:23,200 --> 00:15:27,040 Speaker 4: First and Ecotopia was in many ways a public relations outfit. 251 00:15:27,880 --> 00:15:31,120 Speaker 4: They were trying to bring attention to the overcutting of redwoods, 252 00:15:31,880 --> 00:15:36,320 Speaker 4: to make it a national issue. The demonstrations, the blockades, 253 00:15:36,400 --> 00:15:40,160 Speaker 4: the tree sits, even the violence of the Whitehorn riot 254 00:15:40,320 --> 00:15:44,800 Speaker 4: during Spotted Owl Week all earned news coverage, but it 255 00:15:44,840 --> 00:15:49,720 Speaker 4: was very important that the right message be reported. This 256 00:15:49,920 --> 00:15:53,440 Speaker 4: was especially true because of the controversy over tree spiking 257 00:15:53,920 --> 00:15:58,440 Speaker 4: and the decision by earth First and Ecotopia specifically not 258 00:15:58,560 --> 00:16:03,880 Speaker 4: to spike trees. The message this group was determined and fearless, 259 00:16:04,360 --> 00:16:09,600 Speaker 4: but they were not violent towards people. In nineteen ninety, 260 00:16:10,000 --> 00:16:13,720 Speaker 4: the CBS news show Sixty Minutes featured a piece on 261 00:16:13,800 --> 00:16:18,240 Speaker 4: earth First. That year, Sixty Minutes was the second most 262 00:16:18,280 --> 00:16:22,600 Speaker 4: watched show in the country, behind the sitcom Cheers. This 263 00:16:22,680 --> 00:16:25,640 Speaker 4: piece was far and away the largest audience that earth 264 00:16:25,720 --> 00:16:30,240 Speaker 4: First had ever reached. Early in the segment, Darryl Churney, 265 00:16:30,600 --> 00:16:34,120 Speaker 4: looking every bit the environmental radical with long hair and 266 00:16:34,160 --> 00:16:35,840 Speaker 4: big beard, said this. 267 00:16:37,920 --> 00:16:40,400 Speaker 2: If I knew I had a fatal disease, I would 268 00:16:40,440 --> 00:16:44,160 Speaker 2: definitely do something like strap dynamite on myself and take 269 00:16:44,160 --> 00:16:47,080 Speaker 2: out Glenn Canyon, Dan or maybe the Maxim building in 270 00:16:47,120 --> 00:16:49,640 Speaker 2: Los Angeles afterwards closed up. 271 00:16:49,600 --> 00:16:51,560 Speaker 10: For the night. 272 00:16:52,800 --> 00:16:55,080 Speaker 4: He looks happy about this statement when you watch it 273 00:16:55,120 --> 00:16:59,240 Speaker 4: on video, But it was a mistake. Darryl later said 274 00:16:59,320 --> 00:17:03,640 Speaker 4: he immediately regretted saying it. He requested that the sixty 275 00:17:03,640 --> 00:17:07,600 Speaker 4: Minutes producer not included in the broadcast, but they knew 276 00:17:07,640 --> 00:17:11,119 Speaker 4: they had a good SoundBite, so they ran it. It 277 00:17:11,160 --> 00:17:15,480 Speaker 4: was meant to be provocative. It was successful. The sound 278 00:17:15,560 --> 00:17:19,119 Speaker 4: bite had a long life. Even a dozen years later, 279 00:17:19,480 --> 00:17:22,719 Speaker 4: on a radio show about the investigation into the bombing 280 00:17:22,760 --> 00:17:26,480 Speaker 4: of Judy Berry's car, the host mentioned the statement three 281 00:17:26,520 --> 00:17:29,520 Speaker 4: times and said it was quote one of the most 282 00:17:29,560 --> 00:17:35,160 Speaker 4: inflammatory statements I've ever heard. Darryl later said, Judy never 283 00:17:35,240 --> 00:17:38,320 Speaker 4: let me hear the end of it, and this SoundBite 284 00:17:38,359 --> 00:17:42,399 Speaker 4: helped law enforcement, at least initially paint Judy and Darryl 285 00:17:42,640 --> 00:17:47,240 Speaker 4: as violent terrorists. This is from the KPIX local news 286 00:17:47,280 --> 00:17:49,000 Speaker 4: broadcast about the bombing. 287 00:17:50,320 --> 00:17:53,280 Speaker 12: As for Darryl Cherney, the Bay Area's last experience with 288 00:17:53,400 --> 00:17:55,679 Speaker 12: him came right after Earth Day, when he and a 289 00:17:55,680 --> 00:17:58,440 Speaker 12: group of other Earth Firsters tried to hang an environmental 290 00:17:58,480 --> 00:18:01,080 Speaker 12: banner off the Golden Gate Bridge. But here's what he 291 00:18:01,160 --> 00:18:03,320 Speaker 12: said recently on sixty Minutes. 292 00:18:03,080 --> 00:18:03,880 Speaker 1: I would definitely. 293 00:18:04,960 --> 00:18:08,679 Speaker 4: The anchor then mentions that Earth First denied involvement in 294 00:18:08,760 --> 00:18:11,359 Speaker 4: the toppling of the power lines in Santa Cruz the 295 00:18:11,400 --> 00:18:12,040 Speaker 4: month before. 296 00:18:13,200 --> 00:18:17,760 Speaker 12: He ends with this, So to summarize right now, it's 297 00:18:17,760 --> 00:18:19,840 Speaker 12: hard to say who the victim is here, as we 298 00:18:19,960 --> 00:18:22,760 Speaker 12: heard the group says it has received death threats. But 299 00:18:22,800 --> 00:18:24,800 Speaker 12: then again, you just heard that one of the victims 300 00:18:24,880 --> 00:18:27,720 Speaker 12: has said he isn't above strapping dynamite to himself. 301 00:18:27,920 --> 00:18:28,080 Speaker 1: Now. 302 00:18:28,160 --> 00:18:31,760 Speaker 4: Meanwhile, so if you were watching kpix that evening, your 303 00:18:31,800 --> 00:18:36,040 Speaker 4: impression of Earth First was that they were potentially suicide bombers, 304 00:18:36,680 --> 00:18:41,680 Speaker 4: which was not great given the circumstances. According to the 305 00:18:41,720 --> 00:18:45,200 Speaker 4: booking reports, Judy was booked at three in the afternoon 306 00:18:45,400 --> 00:18:49,520 Speaker 4: on the twenty fourth, just hours after being bombed. She 307 00:18:49,680 --> 00:18:53,320 Speaker 4: was booked in absentia as she laid in a hospital bed. 308 00:18:54,680 --> 00:18:57,040 Speaker 4: Daryl was booked at three am on the morning of 309 00:18:57,080 --> 00:19:01,680 Speaker 4: the twenty fifth at the Oakland City Jail. The arrests 310 00:19:01,720 --> 00:19:04,920 Speaker 4: and a chill through the Earth First community, which couldn't 311 00:19:04,920 --> 00:19:08,720 Speaker 4: believe that Judy and Darryl were actually being accused of 312 00:19:08,760 --> 00:19:13,720 Speaker 4: their own bombing. Allies spoke to the newspapers asserting that 313 00:19:13,760 --> 00:19:16,760 Speaker 4: there was no way that Daryl and Judy were responsible, 314 00:19:17,520 --> 00:19:20,160 Speaker 4: but Ball was said at one hundred thousand dollars each. 315 00:19:21,480 --> 00:19:23,600 Speaker 4: Journalist Mike Janella. 316 00:19:24,440 --> 00:19:27,920 Speaker 13: There was a real fear during that period, right after 317 00:19:28,000 --> 00:19:30,000 Speaker 13: the bombing. There was a real fear that not only 318 00:19:30,040 --> 00:19:33,800 Speaker 13: were they could be charged with some kind of terrorism 319 00:19:33,840 --> 00:19:37,600 Speaker 13: act transporting to bomb. There was not only the practical 320 00:19:37,680 --> 00:19:39,840 Speaker 13: fear of the legal end of it, but it was 321 00:19:39,920 --> 00:19:43,280 Speaker 13: also if in fact they had been felling a charge, 322 00:19:43,320 --> 00:19:46,760 Speaker 13: they would have had probably a crushing blow on this 323 00:19:46,840 --> 00:19:51,280 Speaker 13: earth Verse movement. You know, it's one thing to argue, 324 00:19:51,359 --> 00:19:54,480 Speaker 13: wrangle and march in the streets, but as we know, 325 00:19:55,880 --> 00:20:01,480 Speaker 13: any violent reaction no matter that the cause, really pushed 326 00:20:01,520 --> 00:20:02,280 Speaker 13: his people back. 327 00:20:03,960 --> 00:20:06,639 Speaker 4: This claim that Judy and Daryl knew there was a 328 00:20:06,680 --> 00:20:09,840 Speaker 4: bomb in the car was based on the FBI's assertion 329 00:20:10,320 --> 00:20:12,840 Speaker 4: that it was on the floor behind the driver's seat, 330 00:20:13,520 --> 00:20:17,280 Speaker 4: possibly in a guitar case. But it became clear that 331 00:20:17,359 --> 00:20:20,520 Speaker 4: the bomb was not behind the driver's seat. It was 332 00:20:20,640 --> 00:20:25,200 Speaker 4: in fact underneath the driver's seat, and if it was there, 333 00:20:25,480 --> 00:20:29,040 Speaker 4: it was entirely possible that Judy and Darryl did not 334 00:20:29,320 --> 00:20:32,640 Speaker 4: know there was a bomb in the car. Longtime Earth 335 00:20:32,680 --> 00:20:36,000 Speaker 4: First activist Andy Caffrey. 336 00:20:36,160 --> 00:20:38,200 Speaker 14: They said, Judy knew that the bomb was there because 337 00:20:38,200 --> 00:20:40,639 Speaker 14: it was on the back seat. What was on the 338 00:20:40,680 --> 00:20:43,159 Speaker 14: back seat Judy's violin was on the back seat, and 339 00:20:43,240 --> 00:20:47,240 Speaker 14: her violin was fine. In fact, they helped on do 340 00:20:47,320 --> 00:20:49,680 Speaker 14: it for a couple of decades. We got it back 341 00:20:49,760 --> 00:20:52,880 Speaker 14: like seven or eight years ago. The bomb was under 342 00:20:52,920 --> 00:20:56,159 Speaker 14: her seat and it was wrapped in a blue towel. 343 00:20:57,160 --> 00:21:01,800 Speaker 15: I'd spent time in Northern Ireland and also seen Landmann 344 00:21:01,920 --> 00:21:04,560 Speaker 15: impacts in Central America. You didn't have to be a 345 00:21:04,600 --> 00:21:07,399 Speaker 15: forensic expert to see it was totally bowed up. The 346 00:21:07,480 --> 00:21:11,800 Speaker 15: roof was bowed up directly atop the front seat. All 347 00:21:11,880 --> 00:21:16,199 Speaker 15: the wiring in the front seat was exposed and torn up, 348 00:21:16,240 --> 00:21:18,960 Speaker 15: and there was a big hole that the FBI had 349 00:21:19,040 --> 00:21:21,399 Speaker 15: cut out of the bottom below the front seat. 350 00:21:22,840 --> 00:21:26,280 Speaker 4: Investigator and author David Halvarg. 351 00:21:27,520 --> 00:21:30,520 Speaker 15: Later we had photographic evidence that that was where the 352 00:21:30,520 --> 00:21:33,359 Speaker 15: force of the explosion. We interviewed her surgeon as well, 353 00:21:33,400 --> 00:21:36,520 Speaker 15: who said, you know, given her extreme injuries, all the 354 00:21:36,560 --> 00:21:39,160 Speaker 15: force of the blast had come up directly from below her, 355 00:21:39,760 --> 00:21:43,119 Speaker 15: including some of these seat cushion coils that impacted in 356 00:21:43,160 --> 00:21:43,719 Speaker 15: her colon. 357 00:21:45,560 --> 00:21:47,440 Speaker 4: There was also a big hole in the side of 358 00:21:47,480 --> 00:21:50,320 Speaker 4: the door because one of the end caps had blown 359 00:21:50,359 --> 00:21:54,639 Speaker 4: out during the explosion, the bomb had malfunctioned. 360 00:21:56,040 --> 00:21:59,320 Speaker 15: It looked like an RPG hole. If the pipe bomb 361 00:21:59,359 --> 00:22:02,399 Speaker 15: had been kids struck up to properly, she and Chaney 362 00:22:02,440 --> 00:22:04,840 Speaker 15: would both be dead. But a lot of the force 363 00:22:04,960 --> 00:22:08,600 Speaker 15: went through the door. The idea that the bomb, which 364 00:22:08,680 --> 00:22:10,359 Speaker 15: was the idea of the FBI put out that the 365 00:22:10,400 --> 00:22:13,240 Speaker 15: bomb was behind her. There was little damage behind her. 366 00:22:13,359 --> 00:22:16,720 Speaker 15: The bench seat the guitar were hardly damaged. Noel, All 367 00:22:16,720 --> 00:22:19,760 Speaker 15: the damage was directed force from below and to the 368 00:22:19,840 --> 00:22:23,560 Speaker 15: side where the endcap failed. If ATF had been allowed 369 00:22:23,560 --> 00:22:26,160 Speaker 15: to take charge of that investigation, they would have immediately 370 00:22:26,200 --> 00:22:30,199 Speaker 15: seen that the car bomb was below her seat and 371 00:22:30,200 --> 00:22:31,400 Speaker 15: that she was the target. 372 00:22:33,119 --> 00:22:36,080 Speaker 4: This is Judy speaking in nineteen ninety three on the 373 00:22:36,200 --> 00:22:39,080 Speaker 4: radio program Radio Curious. 374 00:22:40,560 --> 00:22:43,720 Speaker 16: No honest observer could mistake where this bomb was. And 375 00:22:43,920 --> 00:22:47,479 Speaker 16: yet the FBI ended when police stated that the bomb 376 00:22:47,760 --> 00:22:51,080 Speaker 16: was in the backseat and therefoot was visible, and so 377 00:22:51,240 --> 00:22:53,359 Speaker 16: we knew we were carrying it and it was our bomb. 378 00:22:53,760 --> 00:23:00,120 Speaker 16: And based on that just blatant lie, they began their campaign. 379 00:23:00,400 --> 00:23:03,119 Speaker 4: The other piece of alleged evidence that the FBI claimed 380 00:23:03,200 --> 00:23:06,280 Speaker 4: implicated Judy and Darryl was the make of the nails 381 00:23:06,320 --> 00:23:09,920 Speaker 4: that were attached to the bomb. The nails were intended 382 00:23:09,960 --> 00:23:13,960 Speaker 4: as shrapnel included to kill and maim when the bomb 383 00:23:14,080 --> 00:23:19,920 Speaker 4: detonated again. Josh Morsel, it's you know a pipe bomb. 384 00:23:20,000 --> 00:23:21,119 Speaker 4: You've got a pipe nipple. 385 00:23:21,280 --> 00:23:25,560 Speaker 7: This one was eleven inches long by two inches diameter, 386 00:23:25,840 --> 00:23:28,440 Speaker 7: and you got end caps on the pipe nipple and 387 00:23:28,560 --> 00:23:30,879 Speaker 7: then you pack that full of the explosive mixture and 388 00:23:30,960 --> 00:23:34,040 Speaker 7: it explodes, and the end caps are a weak point 389 00:23:34,440 --> 00:23:37,760 Speaker 7: typically and they shoot off like bullets and a straight 390 00:23:37,800 --> 00:23:39,080 Speaker 7: line on either side of the bomb. 391 00:23:39,800 --> 00:23:41,159 Speaker 1: The bomb had an. 392 00:23:41,000 --> 00:23:44,000 Speaker 7: On off switch made from a light switch, and then 393 00:23:44,040 --> 00:23:47,360 Speaker 7: it had a motion trigger as well. All these pieces 394 00:23:47,359 --> 00:23:52,440 Speaker 7: were mounted on a piece of masonite board and motion 395 00:23:52,480 --> 00:23:53,600 Speaker 7: sugar was a ball bearing. 396 00:23:55,400 --> 00:23:58,400 Speaker 4: The ball bearing was surrounded by a number of wires. 397 00:23:59,080 --> 00:24:02,160 Speaker 4: When the ball bearing moved and touched two of those wires, 398 00:24:02,600 --> 00:24:05,480 Speaker 4: it would complete a circuit and the bomb would detonate. 399 00:24:06,800 --> 00:24:11,840 Speaker 7: So it's on off switch, motion trigger, and a timer. 400 00:24:13,160 --> 00:24:16,399 Speaker 7: The timer was made from a pocket watch basically, then 401 00:24:16,480 --> 00:24:19,440 Speaker 7: had a little pin drilled up through the face that 402 00:24:19,520 --> 00:24:22,280 Speaker 7: took up the space of about ten minutes right the 403 00:24:22,320 --> 00:24:24,120 Speaker 7: minute hand had been broken off, so as the hour 404 00:24:24,200 --> 00:24:26,720 Speaker 7: hand goes around the timer, once it touches the pin, 405 00:24:27,119 --> 00:24:29,400 Speaker 7: it's going to connect the circuit. You know, at most 406 00:24:29,440 --> 00:24:32,040 Speaker 7: the timer could be set for a little bit less 407 00:24:32,080 --> 00:24:35,199 Speaker 7: than twelve hours, maybe you know, eleven hours fifty minutes. 408 00:24:36,840 --> 00:24:40,280 Speaker 4: This timing device would become important in trying to figure 409 00:24:40,280 --> 00:24:42,520 Speaker 4: out when the bomb was placed in the car. 410 00:24:43,960 --> 00:24:45,840 Speaker 7: So you have to have the timer have expired, you 411 00:24:45,840 --> 00:24:47,320 Speaker 7: have to have the on off switch turned on, and 412 00:24:47,359 --> 00:24:51,520 Speaker 7: you have to have the motion trigger triggered. So you ask, 413 00:24:52,200 --> 00:24:54,359 Speaker 7: is Judy going to carry a bomb under her car 414 00:24:54,400 --> 00:24:57,440 Speaker 7: seat with all three of these safeties activated? 415 00:24:58,600 --> 00:25:05,080 Speaker 4: It'd be crazy very Quickly following the explosion, the FBI 416 00:25:05,200 --> 00:25:07,960 Speaker 4: claimed that the nails used on the pipe bomb were 417 00:25:07,960 --> 00:25:10,680 Speaker 4: identical to ones found in two bags of nails in 418 00:25:10,760 --> 00:25:14,920 Speaker 4: Judy's car. In his affidavit ridden the Knight of the Bombing, 419 00:25:15,160 --> 00:25:19,159 Speaker 4: Chenault says that FBI agent Frank Doyle told him that 420 00:25:19,240 --> 00:25:22,560 Speaker 4: he had found in Judy's white Subaru a separate bag 421 00:25:22,600 --> 00:25:25,280 Speaker 4: of nails in the vehicle that are identical to the 422 00:25:25,359 --> 00:25:29,720 Speaker 4: nails taped to the explosive device. The identical nails the 423 00:25:29,800 --> 00:25:32,720 Speaker 4: thinking went connected Judy to the pipe bomb. 424 00:25:34,520 --> 00:25:37,680 Speaker 7: Judy was a carpenter. She commonly carried nails with her, 425 00:25:38,560 --> 00:25:42,480 Speaker 7: but the nails Judy's nails. One was a bag of 426 00:25:42,520 --> 00:25:44,840 Speaker 7: framing nails and one was a bag of roofing nails. 427 00:25:45,760 --> 00:25:48,840 Speaker 7: The nails from the bomb were finishing nails. Finishing nails 428 00:25:48,880 --> 00:25:52,560 Speaker 7: have tiny, rounded heads. The other types of nails have flatheads. 429 00:25:52,600 --> 00:25:55,840 Speaker 7: They don't look the same. They're clearly not identical. 430 00:25:57,520 --> 00:25:59,960 Speaker 4: In an attempt to tie Judy to the nails used 431 00:26:00,080 --> 00:26:03,520 Speaker 4: in the bomb, the FBI obtained a search warrant for 432 00:26:03,600 --> 00:26:04,159 Speaker 4: her house. 433 00:26:05,520 --> 00:26:08,720 Speaker 7: There were two nails that were pulled out of I 434 00:26:08,720 --> 00:26:12,800 Speaker 7: think a window frame at Judy's house that did match 435 00:26:12,880 --> 00:26:13,720 Speaker 7: nails from the bomb. 436 00:26:15,280 --> 00:26:18,040 Speaker 4: The theory behind the matching nails was similar to that 437 00:26:18,119 --> 00:26:20,800 Speaker 4: of matching bullets that have been fired from the same gun. 438 00:26:21,680 --> 00:26:24,320 Speaker 4: That there are tailtail markings that are unique. 439 00:26:25,320 --> 00:26:28,320 Speaker 7: When nails are manufactured, there's a machine that there's like 440 00:26:28,320 --> 00:26:30,240 Speaker 7: a long piece of wire that's going to be turned 441 00:26:30,240 --> 00:26:31,840 Speaker 7: into the nails, and there's a gripper that holds the 442 00:26:31,840 --> 00:26:34,000 Speaker 7: wire and then like to snip the nails off, and 443 00:26:34,040 --> 00:26:34,919 Speaker 7: the gripper. 444 00:26:34,560 --> 00:26:35,399 Speaker 1: Makes gripper marks. 445 00:26:35,680 --> 00:26:38,560 Speaker 7: They're like pretty similar in one session and then when 446 00:26:38,600 --> 00:26:40,960 Speaker 7: you're done with a day is like manufacturing session. You 447 00:26:41,000 --> 00:26:44,200 Speaker 7: turn it off, the machine cools down, the metal contracts, 448 00:26:44,240 --> 00:26:47,080 Speaker 7: and the markings change. So then the next session your 449 00:26:47,160 --> 00:26:48,680 Speaker 7: nails are going to have a different type of mark 450 00:26:49,040 --> 00:26:52,520 Speaker 7: So what he concluded was these two nails from Judy's 451 00:26:52,520 --> 00:26:57,800 Speaker 7: house were manufactured in the same batch as some of 452 00:26:57,840 --> 00:26:58,919 Speaker 7: the nails from the bomb. 453 00:27:00,400 --> 00:27:03,480 Speaker 4: This kind of pattern evidence is no longer considered as 454 00:27:03,520 --> 00:27:06,800 Speaker 4: reliable as it was back in nineteen ninety, but the 455 00:27:06,840 --> 00:27:09,840 Speaker 4: apparent connection between nails and Judy's home and the pipe 456 00:27:09,920 --> 00:27:13,560 Speaker 4: bombs seemed compelling. They seem to be from the same 457 00:27:13,680 --> 00:27:18,720 Speaker 4: manufacturing badge. The question then became how big is a batge? 458 00:27:19,640 --> 00:27:22,840 Speaker 4: Is it small enough that this evidence strongly linked Judy 459 00:27:22,880 --> 00:27:25,720 Speaker 4: to the bomb, or is a badge large enough that 460 00:27:25,800 --> 00:27:29,840 Speaker 4: it could very well be a coincidence. Law enforcement, of course, 461 00:27:30,200 --> 00:27:34,000 Speaker 4: was depending on the batches being small, so they claimed 462 00:27:34,080 --> 00:27:36,439 Speaker 4: that the batch was small. 463 00:27:36,520 --> 00:27:39,040 Speaker 7: The batch size was named being different sizes in a 464 00:27:39,040 --> 00:27:42,200 Speaker 7: few different places by police, but it was like two 465 00:27:42,280 --> 00:27:45,159 Speaker 7: hundred to one thousand nails, where it might seem like 466 00:27:45,200 --> 00:27:46,280 Speaker 7: a match was significant. 467 00:27:46,920 --> 00:27:48,760 Speaker 1: And then this gets leaked to the press. 468 00:27:49,320 --> 00:27:51,640 Speaker 7: The district attorney is deciding whether or not to press 469 00:27:51,720 --> 00:27:54,280 Speaker 7: charges against Judy and Darryl, and the police and the 470 00:27:54,320 --> 00:27:56,200 Speaker 7: FBI are trying to build a case against her. 471 00:27:56,400 --> 00:27:57,640 Speaker 1: There keep being these like. 472 00:27:57,760 --> 00:28:01,800 Speaker 7: Sources say leaks to the press where they released this 473 00:28:01,880 --> 00:28:05,399 Speaker 7: alleged information of damaging about Judy and Daryl. The FBI 474 00:28:05,480 --> 00:28:07,240 Speaker 7: went and they looked into this, They're like, well, how 475 00:28:07,280 --> 00:28:08,359 Speaker 7: big is a batch really? 476 00:28:09,080 --> 00:28:10,560 Speaker 1: A nail machine they might make. 477 00:28:10,640 --> 00:28:12,560 Speaker 7: I think it was estimated about seven hundred and twenty 478 00:28:12,600 --> 00:28:14,959 Speaker 7: thousand nails in a day in a given batch. The 479 00:28:14,960 --> 00:28:17,320 Speaker 7: fact that these nails match just meant they were for 480 00:28:17,560 --> 00:28:20,760 Speaker 7: sales somewhere on the West Coast at the same time, Roughly. 481 00:28:22,040 --> 00:28:24,679 Speaker 4: With the two pillars of their case against Judy and Daryl, 482 00:28:25,119 --> 00:28:27,320 Speaker 4: the location of the bomb in the car and the 483 00:28:27,359 --> 00:28:32,119 Speaker 4: matching nails undermined, it became increasingly clear to all concerned 484 00:28:32,400 --> 00:28:36,960 Speaker 4: that they were innocent. On July twelfth, almost two months 485 00:28:36,960 --> 00:28:41,280 Speaker 4: after the bombing, the Alameda County District Attorney issued a 486 00:28:41,320 --> 00:28:45,640 Speaker 4: statement asserting that there is insufficient evidence at this time 487 00:28:45,760 --> 00:28:48,880 Speaker 4: in regards to the case against Darryl Churney and Judy 488 00:28:48,960 --> 00:28:54,560 Speaker 4: Barry to sustain a conviction. The investigation would continue, but 489 00:28:54,640 --> 00:28:58,640 Speaker 4: this was an acknowledgment that the investigation so far hadn't 490 00:28:58,640 --> 00:29:03,080 Speaker 4: been adequate to convict them. Soon the FBI's interest in 491 00:29:03,120 --> 00:29:05,280 Speaker 4: the case would fade. 492 00:29:05,600 --> 00:29:08,479 Speaker 15: We finally got hold of the time logs from the 493 00:29:08,520 --> 00:29:11,400 Speaker 15: FBI ter Free Move Information, and they were putting hundreds 494 00:29:11,400 --> 00:29:14,640 Speaker 15: of hours into the investigation when they had Judy and 495 00:29:14,680 --> 00:29:18,480 Speaker 15: Darrel under rest and charged. As soon as the charges 496 00:29:18,520 --> 00:29:21,320 Speaker 15: against her were dismissed and became clear to pretty much 497 00:29:21,320 --> 00:29:23,720 Speaker 15: everybody that she was the victim of this bombing, not 498 00:29:24,000 --> 00:29:27,760 Speaker 15: the terrorists who created the bomb, the investigate ours went 499 00:29:27,800 --> 00:29:29,800 Speaker 15: to a couple of hours a week. They were basically 500 00:29:29,840 --> 00:29:31,920 Speaker 15: wrapping up the case. They walked away from it. 501 00:29:33,680 --> 00:29:37,720 Speaker 4: The FBI officially closed their investigation in October of nineteen 502 00:29:37,800 --> 00:29:41,600 Speaker 4: ninety two. The case was under the purview of local 503 00:29:41,600 --> 00:29:46,360 Speaker 4: police in San Francisco, Oakland and towns and Mendocino, where 504 00:29:46,400 --> 00:29:50,120 Speaker 4: the bomb may have been placed, but as we will see, 505 00:29:50,480 --> 00:29:53,680 Speaker 4: once Judy and Daryl were cleared, there was no real 506 00:29:53,720 --> 00:29:59,040 Speaker 4: investigation by law enforcement. It was essentially let go. But 507 00:29:59,080 --> 00:30:03,640 Speaker 4: if Judy and Darrel hadn't done it, who had. Ecotopia 508 00:30:03,840 --> 00:30:07,600 Speaker 4: was thick with strange characters and people who had reason 509 00:30:07,680 --> 00:30:11,000 Speaker 4: to hold a grudge against Judy. There was no lack 510 00:30:11,040 --> 00:30:15,760 Speaker 4: of suspects in the tense period after the bombing. Figuring 511 00:30:15,760 --> 00:30:18,640 Speaker 4: out which of these suspects might have done it was 512 00:30:18,720 --> 00:30:22,160 Speaker 4: tricky next time on Rip Current. 513 00:30:25,800 --> 00:30:28,960 Speaker 17: Rip Current was written and hosted by Toby Ball. Our 514 00:30:29,000 --> 00:30:32,880 Speaker 17: executive producers are Trevor Young and Matt Frederick, with supervising 515 00:30:32,920 --> 00:30:37,120 Speaker 17: producer Remet el Kyali and producers Noames Griffin and Jesse Funk. 516 00:30:37,640 --> 00:30:41,320 Speaker 17: Original music by Jeff Sanoff. Our voice actor for Judy 517 00:30:41,400 --> 00:30:45,440 Speaker 17: Barry is Gina Rickikey. Editing and sound design by Nomes Griffin, 518 00:30:45,840 --> 00:30:49,680 Speaker 17: Rima el Kyli and Jesse Funk. The show is mixed 519 00:30:49,720 --> 00:30:54,240 Speaker 17: by Rima el Kyli. For more podcasts from iHeartRadio, visit 520 00:30:54,280 --> 00:31:06,960 Speaker 17: the iHeartRadio app, Apple Podcasts, or wherever you get your podcasts.