Here are the names of the seven defendants who remained in the case when it went to the jury. For each one there is a brief description of his role in the case and the amounts of damages he is liable for.
Former Oakland Police Department (OPD) Lt. Michael Sims was in charge of the homicide section and leader of the operation for the OPD. He made the decision to arrest, and he was the principal spokesperson to the media. He is now a captain with the Tracy, California, police department. Sims is liable for 90 percent of Bari's false arrest claim and 50 percent of her First Amendment claim as well as 50 percent of Cherney's First Amendment claim. Sims was the most culpable at $1,849,000 or 42 percent of total damages, including $650,000 or 33.3 percent of punitive damages. He owes punitive damages of $400,000 to Bari and $250,000 to Cherney for First Amendment rights violation.
Retired FBI Special Agent John Reikes was in charge of the FBI's San Francisco anti-terrorism squad which came en masse to the bomb scene and took over. He also headed a presentation by FBI agents to OPD which focused on Earth First! and convinced Oakland to go after Bari and Cherney. Reikes is liable for $1,304,375 or 29.6 percent of the total damages. He is liable for $900,000 or 46 percent of the punitive damages, $600,000 to Bari and $300,000 to Cherney for First Amendment rights violation.
Retired Special Agent Frank Doyle was the anti-terrorism squad's bomb expert who took charge of the bomb scene and falsely said the bomb had been in plain view behind the driver's seat and that a bag of nails found in the back of the car were "identical" to nails taped to the pipe bomb to increase the shrapnel effect. Doyle is now working as an antiterrorism consultant to the Defense Department. Doyle is liable for $995,875 or 22.6 percent of total damages, including $400,000 or 20.5 percent of the punitive damages. His punitive damages were $300,000 to Bari and $100,000 to Cherney for Fourth Amendment rights violation.
The three above accounted for $4,149,250 or 94.3 percent of total damages, and $1,950,000 or 100 percent of the punitive damages.
Retired Special Agent Phillip Sena was the anti-terrorism squad's man on the environmental front. He was assigned to investigate Earth First! in relation to the sabotage of two power lines near Santa Cruz a month before the Bari bombing. He told Oakland police about a supposed "informant" tip that two Earth First! "heavy hitters" were coming to Santa Cruz for an action. He owes $98,750 or 2.2 percent of total damages, and no punitive damages.
Former OPD Sgt. Michael Sitterud assigned as the investigating officer for the case, supervising other OPD officers at the scene, questioning Cherney and other witnesses, and signing his name to the arrest documents and other paperwork. He is liable for $80,000 or 1.8 percent of total damages, and no punitive damages. All of his damages were for his 10 percent liability for violating Cherney's First Amendment rights.
Current OPD Sgt. Robert Chenault was the partner of Sitterud, and he prepared an affidavit relying on fabricated evidence and omitting exculpatory evidence so as to obtain the search warrants for the May 25, 1990 searches of Bari's and Cherney's homes which the jury found unlawful. Chenault now heads the OPD's intelligence division. He is liable for $72,000 or 1.6 percent of total damages, and no punitive damages. He was liable for 30 percent of Bari's damages for unlawful search and 30 percent of Cherney's for the same offense.
Retired Special Agent Stockton Buck took part in the bomb scene investigation. Later he was sent to Mendocino and Humboldt Counties to do further investigation, supposedly looking for letters to the editor of local papers that might resemble the Lord's Avenger letter, but mainly looking for the names of environmentalists to open FBI files on. He was not found to have violated either defendant's civil rights.
The FBI defendants were held liable for $2,399,000 or 54.5 percent of the total damages, including $1,300,000 or 66.7 percent of the punitive damages.
The Oakland defendants were liable for $2,001,000 or 45.5 percent of the total damages, including $650,000 or 33.3 percent of the punitive damages.
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June 17 2002 (http://albionmonitor.net) All Rights Reserved. Contact firstname.lastname@example.org for permission to use in any format.
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