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Briana Waters trial notes 2/27 am

Briana Takes the Stand
Briana Waters (BW) trial 2/27/08 (morning only)
(this is a summary and is not meant to be an actual verbatim transcript)

Defense's (D) case

exhibit (x) 897 Photo of BW shown to Stan Meyerhoff

D calls Ju-Pong Lin
BW's teacher at Evergreen (E), taught women's studies and film
BW took film and video classes and independent studies from her

BW more memorable than other students, in indie studies she was a hard worker, ethical sophisticated
made video about unsustainable logging on the Gifford-Pinchot NF, it was about building alliance between loggers and Earth First!ers

Lin went to BW's website, sent for copy of video, never got it, later sent letter informer her that heir were tech problems with website, not updated

x1122 3-part student contract and eval: 1. Student contract, 2. teacher eval, 3. student self-eval

BW did not complete video before graduation because she was involved with WTO protest, Common to not complete projects, but she did meet her goals. Had no doubt project would be completed.

D: was she forced to write the eval?
A: No

Witness excused

D (Bob Bloom) calls Dale Mann, forensic scientist with MDE Inc of Seattle, degree in chemistry and oceanography. worked for law enforcement agencies for 17 years including crime labs, left in 98.

He read court-issued order about not describing difference between incendiary device and bomb. Incendiary "bomb" needs to explode.

Took special classes about drugs, fires, bombs, plastics and impression evidence (the study of the impression one object leaves on another when they contact)

D: Did he work with fire cases?
A: Primary interest in fire debris analysis, for a while was the only expert of that in western WA

took trainings from FBI, BATF, also taught to both agencies
Published reports, serves on national fire investigation committee that reviews published papers

TWIGFEX produces reports
X A180 is TWIGFEX glossary of terms

Prosecution (P) objects since he is not familiar with this glossary, jury sent out, overruled

Jury back in

D: is an explosive defined?
A: Y

D: is bomb defined?
A: Y

D: is a delay device defined?
A: Y

D: do you agree with these definitions?
A: Y

D: how many destructive devices has he seen?
A: half a dozen, some very common

D: is gasoline an accelerant?
A: Y, anything used to help materials burn is an accelerant, gas is well studied, lots of literature on it.

D: Define heat capacity
A: the energy released when burned. There are standards at which certain substances are known to burn

D: define heat release rate
A: how fast an object release energy when burned

DM: flame height relates directly to diameter of exposed area

D: define ignition energy
A: energy require to light something on fire

D: define flash fire
A: lots of vapors consumed rapidly

Discussion of controlled burns such as those used in forest fire fighting
DM: have conducted many controlled burns, from small ones to burning entire shopping malls

DM: combustion vs. explosion, combustion has a slower rate or reaction, explosion releases a shock wave, the rate/speed of energy release is much faster

DM met with Fox (defense attorney) and was given FBI, BATF and Seattle FD reports on the west coast fires and the ALF/ELF manual

D: where did he first see the use of the term "bomb" as related to this case?
A: in those reports, BATF 1st used term "bomb." Bomb is any explosion that causes shock waves.

D: ALF/ELF manual includes instructions on how to construct and manufacture delay devices?
A: Y

D: How to build them/
A: Y

D: types of fuel to use?
A: Y

D: does it include a description of the intent of the devices?
A: Y, controlled burns, how the delay device starts the igniter devices, ignites the matches, which ignites the flare, which ignites the fuel load, a 5-gallon bucket which would control the evaporation and produce a small localized fire.

D: was this designed to explode?
A: N

DM: clock used to delay, ignition component, sequence model rocket igniter, lights matches, which lights the flare. Gas used as accelerant. In UW fire, 2-gallon containers were used, fuel confined. Containers used to localize the fire. Confinement makes the fire burn longer. A sofa used as fuel would work as well as gas. It is all a matter of plotting the curve of energy vs. time. Tests have shown that a cigarette used to start a sofa on fire can burn a room in 5 minutes.

D; Can a sofa explode?
A: N

D: Describe a Molotov cocktail
A: A glass bottle with gasoline and a rag stuck in the top. The rag is the wick. The wick is lit and then the bottle is thrown. The glass has to break for it to work.

D: destructive devices come in 3 categories: explosive, incendiary and poison gas
P OBJECTS: explosive bomb, incendiary bomb, poison bomb? There actually are 18 categories, not 6, not 2. It is all irrelevant cine he does is not too familiar with the document.

COURT TAKES MORNING RECESS

D: The statute defines destructive devices. Was the UW device intended to explode?
A: N

D: Did the BATF describe the UW device as an incendiary bomb?
A: N, a destructive device was used in combination with incendiary fuel ignited with a timed device. The UW device was a destructive device. A cigarette and a sofa could be considered a destructive device

D: does he have an opinion on whether the UW device was an incendiary bomb?

P OBJECTS

D: Has he heard of Thomas Keller, a high-profile arsonist?
A: Yes, he likes to sue Bic lighters and just about anything to start fires.

P OBJECTS

DM: UW device produce a localized and lengthened fire where as a Molotov would produce a rapidly spreading fire

P: NO QUESTIONS

Witness excused

AT AROUND 11 AM BRIANA WATERS TAKES THE STAND

She is asked about her age, her partner, daughter, family, siblings, parents, brother, mom (in court), high school. Started playing music at age 5 or 6, violin, went to college in Dayton, OH for 2 years. Quit because she could not afford it. Traveled the country looking for a new school. Transferred to E in 97.

D: Has she testified before today?
A: N

D: Is she nervous?
A: Y

D: Did she make friends at E?
A: Y

D: Did she join any student groups?
A: Evergreen Animal Rights Network (EARN), Environmental Resource Center (ERC), music groups.

D: What is her interest in the environment?
A: The same as she hopes everyone's is, the ability to live sustainably on the planet

She met fellow student Justin Solonz (JS) in 99, months later they developed a relationship

She first went to Watch Mtn. (WM) in spring of 99, the ERC was involved with WM. there was much dialogue with the community before the first tree sit went up. She defined a tree sit as a platform high up in the trees used to stop logging under the premise that the loggers would not cut the tree with someone in it.

D: Did she go to WM as an activist or a videographer?
A: She can't separate. That is what she does; she takes pictures and documents. She can't separate documenting and activism in her mind.

In the summer of 99 she started WM project. She went to different groups and interviewed people. Lots of groups involved, including the people of Randall, WA. She learned that Plum Creek (PC) only clearcuts. She took a tour with a PC employee who said that WM was "designed to be clearcut." She said that she took 50-100 hours of footage.

She graduated form E in 99, but the documentary project continued

D: Did she hear Lacey Phillabaum's (LP) and Jen Kolar's (JK) testimony that she was involved with the UW arson?
A: Y

D: Was she involved?
A: Absolutely not

Agent Halla came to her home in Berkeley, CA, on 2-24-06 with another agent. They gave her info about the UW arson, said she was involved, told her to speak to Friedman (prosecutor) to get a public defender. She called him that day. He gave her the number of Peter Avenia, who she also called that day.

D: Did she learn from the agents that they were interested in the May 20/21, 2001, arson at UW 4.5 years after the incident?
A: Y

D: Is that what reminded her of the time period?
A: Y

D: Does she have a diary of that time?
A: N

D: Did she commit a crime back then that helped remind her of that time?
A: N

D: Did she try to think of some incidents to help her remember that time?
A: Y

D: Which?
A: She completed the Watch film and showed it at E in April

D: So you are not able to sue the crime as a reference point?
A: N

D: Were there other screenings of the film?
A: Capitol Theater on 5/01, Seattle in summer of 01. It was shown around he country, shown at other colleges, shown in SF in 10/01.

D: Has she committed any arsons ever?
A: N

D: Did she ever conspire to commit arsons?
A: N

D: Does she think arsons are okay?
A: No, she never thought arsons were okay.

D: Does she remember persons speaking on campus?
A: Y

D: Describe EARN.
A: a campus org that held potlucks, brought speakers to campus, held bake sales with tabling literature on the table

D: Were these underground activities?
A: No, the opposite

D: EARN invited Craig Rosebraugh (CR) to speak?
A: Yes, she remembers the discussion to bring him to campus because he was knowledgeable about dissection and vivisection which was a hot topic on E campus

D: Was CR a controversial person?
A: Yes, because he was the ALF spokesperson

She does not remember much of the speech because she was in charge of tabling and the bake sale, didn't hear much of his speech

She has only a vague memory of the NYT reporter at the speech.

D: Does she know his name?
A: N

D: Has she seen his questions?
A: Y

D: Has she seen her answers in print?
A: Y

D: Does she remember her answers?
A: No, does not deny them, just does not remember them

D: Does she support arson?
A: N

D: Never?
A: Never

D: Has she met LP?
A: Y

D: Does she remember Sarah Wald's testimony about a meeting in Feb. 2001?
A: Yes. She met LP at that meeting. She remembers the meeting because it was 2 days long, a weekend. There were about 20 people there. It was kind of a spokescouncil, "where can we go from here?" It was at a barn in Portland.

D: Did LP have a role there?
A: Yes, she was a facilitator

D: What is a facilitator?
A: Someone who makes sure the meeting runs smoothly, calls on people when they want to talk

D: were there breakout sessions?
A: Y

D: was LP in her breakout group?
A: Yes. There were about 10-12 people in that group

D: Did she interact with LP there?
A: Y

D: Was JS at the meeting?
A: Y

D: Is there anything she remembers about LP and JS at the meeting?
A: Yes, they were flirting

D: Had JS flirted in the past?
A: Y

D: Did that cause a problem for you?
A: Y

D: was there a Sat. evening event?
A: Just hanging out, played fiddle with others

D: Has she heard of ELAW?
A: Y

D: What is it?
A: environmental law conference

D: Was it public?
A: Y

D: One time or annual event?
A: annual, in Eugene

D: Did she attend in 2001?
A: Yes. I think it is held in March

D: How many people were there?
A: a couple hundred

D: Was LP there?
A: Y

D: LP said she met BW at Denny's. Did you ever meet her at Denny's?
A: No, never

D: So that couldn't have been the first time she met her?
A: N

D: Did she go to the meeting in the soundproof room at E?
A: N

D: Are there soundproof rooms at E?
A: N

BW: You have to be a student to reserve a room at E

D: Did she ever arrange for a room for the meeting?
A: N

D: Are there records of room reservations?
A: Probably

JS told her that LP and him had had a sexual relationship. She was very angry with both of them It affected their relationship. Her and JS broke up for a while.

D: Did she ever see LP again?
A: Y

D: After the video was completed, where did she live?
A: Olympia

D: Does she know Ocean?
A: Yes, he is a friend.

D: Did he legally change his name to Ocean?
A: Y

BW: Ocean was in a car accident and then bought a house with the money from the insurance settlement

D: Did she move in there?
A: Y

D: Where?
A: Into the back structure, a one-room building

D: Was there running water?
A: No, she used the bathroom in the front house. The front house was under construction to build a wheelchair ramp, widen the doors, remove or raise counters, add a new bathroom with a shower that could fit a wheelchair. There were many workers, 6 or 7. She lived there from the end of April 2001 until the fall of 2001. Ocean moved in to the front house in July 2001. He had here live there while the house was under construction so that there was someone there, someone to water the garden, plus she needed a place to live. It was a mutually agreeable arrangement.

D: Did Heather ever come by?
A: Y

D: Did she announce her arrival?
A: N

D: So it would have been hard to be clandestine there with Heather and the workers coming and going?
A: Y

She next saw LP at a party at the Ocean's house (the same house). It was a daytime party. By that time she had had the discussion with JS about LP. She did not want LP at her house. She asked LP to take a walk with her because she did not want to make a scene. They walked over to a schoolyard that was near the house.

D: What did they talk about?
A: She told LP that what she did was wrong and that LP had disrespected her, as a feminist and an activist she thought it was wrong. She did not want LP at her house.

D: Did she call her a slut?
A: Probably

She then went back to her room to cool down. When she went back to the front house, LP was gone.

D: LP testified that she was at Ocean's house and that he lived there. Did he?
A: N

D: Were there ever-incendiary devices made there (in her room)?
A: N

D: Did she recall plastic sheeting put up there?
A: N

D: Have you ever seen an incendiary device outside of the ones shown to her in pictures?
A: N

D: Did she ever have one built in her living space?
A: N

D: Has she ever rented a car?
A: N

D: Has her cousin (Robert Corrina) ever rented a car?
A: Y

D: Was RC married?
A: Not then

She moved to Olympia before RC. He called and she told him what Olympia was like. They (RC and Kara Larson) moved to Olympia. Kara was pregnant. They moved in with her. Then they moved to Capitol Way. She stayed in touch with them. She moved to Berkeley in 2002. She spoke to them once or twice per week.

D: Was there ever a period where you were not speaking?
A: Yes. Her housemate/boyfriend Paul used to smoke in the house. RC had a problem with him smoking in the same room as pregnant Kara. BW agreed but did not like the fact that RC wanted her to speak to him about it instead of speaking to him directly. Her, RC and Kara made up at the Capitol Theater when they ran into each other while attending some random film. Then they resumed a normal cousin relationship.

D: Can she remember a couple of different car rentals of the Corrina's? Were they memorable?
A: No. She does remember requests form RC to move her stuff out of the house numerous requests.

LUNCH