Notes from Briana Waters Trial 2/20

  • Posted on: 25 February 2008
  • By: worker

<table><tr><td>A.M. SESSION, 2/20

Wednesday Morning Feb 20, 2008 Briana Waters Vs. USA Robert Corrina (Briana's cousin) continues testimony & is being cross examined by the defense. We revist the chronological events between 2006 - Feb 2007, when he was providing the government with testimony Defense revisits jan 19, 2007 meeting where Friedman and Agent Halla visit Kara (his wife) at her office. Corrina says he was angry hearing about that meeting, where Agent Friedman was yelling at her. Defense begins to ask questions regarding the rental car & the primary use of the car. Who was in the car when the car arrived back at his house? When was the first memory of the rental? The defense states that you used the car. You and Kara told the feds that the principal use of the car was for YOUR Family. The prosecutors objected, because of hearsay. You, Kara, and your lawyer spoke that Kara spoke to Friedman. Witness responds, YES. You and Kara swapped notes about the questions asked to you by the GOVT. He says YES. Kara informed the government that the car was for the family. He say's he doesn’t know what Kara told the government in her interview. </td><td><img title="And the snitches keep rolling in..." src="files/pictures/briana_waters.jpg"></td></tr></table><!--break-->

Kara informed the witness that she told the government that nobody else used the car. Another Objection by USA based on hearsay. The judge says hearsay, and that if the defense wants to call Kara as a witness, they should call her. The defense begins asking the witness about his car usage, when where, how long, where did you go? Exhibit shown that has Robert's credit card transactions for May 19 & 20th, 2001. The defense makes the strong point after these points that he used the rental car for his purposes Sat. afternoon. Witness agrees. Defense suggests later on Sat. May 19 Briana has severe abdominal pains. Witness says that was Sunday. The defense says that in an interview with MR. Friedman (USA), you stated that Briana had abdominal pains Sat afternoon. The point is that it was the same day after your personal car use on Saturday that Ms. Waters had sharp abdominal pains. And in order to keep yourself and Kara out of jail, you have to say it was Sunday. The witness denies this, and he says he wouldn't cooperate but he's telling the truth that it was Sunday. Defense suggests that Briana didn't return with the car on Saturday night. The witness says' that he was waiting for Briana to return the car on Monday. He was worried that the rental may be returned late. The defense says that that was a lie. You were working Monday. Witness stated he was at home. Defense re-suggests that he is fixating on this point to keep him and his wife out of jail... Defense starts asking about the witness's car usage on Sunday. The witness has a hard time recalling details, like where he went and what time of day it was. The defense went over some credit card transactions for Sunday to track witness's activities. They also view credit card transactions for the following day, Monday, May 21, 2001. Defense suggests that the witness was taken to work by his wife, Kara on Monday. That he was at work on Monday. Objection by the feds, argumentative. Defense asked witness whether he remembers his testimony with Mr. Friedman yesterday. He asked you questions leading you to say that Briana returned on Monday, when in fact you testified earlier that she appeared late Sunday. The witness says it was the slip of the tongue and insists that it was Monday. Do you remember that Friedman lead you to say that it was Monday? The witness says YES, I remember. More questions are asked about the car and the drop off of the rental. You said you looked for damages. Did you say that to anyone before yesterday's testimony? I remember mentioning it to Agent Halla and his lawyer previous to yesterday's testimony. That’s why I made a note on the calendar to call Budget to check if there was any damage or extra fees. Meeting with Kara, his lawyer and Friedman in Seattle on Feb 1, 2007. You told the FEDS that you couldn't recall why you had to call Budget the week after the rental. The witness responds, Yes. The prosecutors objects to him viewing the document. The defense suggests that he is seeing these documents, and then these documents are triggering his memory, but then it becomes the memory of the document, and not the facts. 2 different things. Return to discussion about Monday evening. Did the car smell like gasoline? Nope. Did you see any damages or touch up paint, or any dents to the rental car? No. They discuss Briana's arrangement for rental car usage and the claim by the government that this rental car was used in the UW arson. Don’t you find it odd, that Briana didn't even show up Friday when she was supposed to get the car? The witness states that was "typical Briana." The defense says, “she doesn't show up the day she was supposed to get this car.”
Defense and witness talk about how the witness trusted Briana with his precious child, his treasure. At Feb 1, 2007, meeting with the feds, do you remember telling them that it was because your bikes were in the shop, that you rented the car? "That's an over simplification." You said, after reviewing your calendar, it suggested that your bikes were being repaired, you work 9 miles away, and wouldn't a rental car be convenient? The witness states that he was reasoning why the rental would be helpful. The transcript is accurate but out of context. Defense states that the witness used the car for his use Sat., Sun, and Monday, and that he wanted Briana to move her possessions out of this basement. The witness states that he was doing Briana a favor, and he was also finding his own reasons for using the rental car. On Feb 1, 2002, Briana moved to California. Defense recalls a telephone conversation between Robert and Briana, taking about the move and that she was looking for something she left at his place. The witness finds it odd when she shows up the next day, as he thought she was in California. Jan 21, 2002, Briana lived with you, & got sick & went to the St. Peter's Emergency Room. Do you recall her stomach pains? "No memory; she was sick a lot." The defense says Jan 2002 or May 2001? Think back, are you remembering this wrong? Are you confusing these two events? The witness refers to the gov’t transcript that Briana used the car on Sat and not Sunday. The witness states that that transcript was correct. The defense questions Corrina about the $200 cash deposit from Briana. The defense asks do you remember Feb. 1st, with Agent Halla you said that Briana gave you $100 for car rental, phone usage, and storage fees for her stuff in the basement. But you didn't tell them anything about the $200 from Briana 3 days after the car rental. You didn't tell them any of this Feb 2007? Your memory gets better as time goes on. Robert says his memory was triggered by a handwritten document. The defense sarcastically says, 7years ago May 2001? That’s what you remember? The defense revisits that Corrina is afraid being accused of purgery, lying, federal offenses, and that is what is driving your testimony. Defense states again that he is being cohearsed by Agent Halla that the car was used in the UW arson. Corrina decided to get a lawyer with his wife, when he knew that this case was not going away. In Feb 1, 2007, in the interview with the feds, Robert told them that Briana had called to tell him that he'd be questioned by authorities, that she was in trouble, and that everyone that she knew would be questioned. She also told you other things; she didn't say to lie. He agrees to all of this. In the Feb. 1, 2007, meeting with Special Agent Halla and the FBI, you mentioned a meeting that Briana had in your house, in which she asked you and your family to leave. Did you tell anyone that before yesterday? Robert replies, "I'm saying it now; it’s the truth. The defense suggests that the meeting was about protecting old-growth forests. They question Robert about whether or not Briana asked him to leave his home. The defense asks who was there, whether the folks at the meeting were threatening, did they hide themselves, did they run outside? Robert says No. He also says that he doesn't know what the meeting was about. This case is about arson. Robert says, YES. You knew Briana, you trusted her, she stayed at your home. Robert responds Yes. You knew that Briana did the Watch Mtn. documentary. Witness says YES. You saw it, you liked it, Robert responds Yes. That’s Briana Waters, isn't it? Robert says that’s True. Feb 1, 2007 in your meeting with Agent Halla, your wife believed that the rental car was predominately for your family. Did you tell them that on that day? Witness says YES. Defense closed.

(Bob destroyed the credibility of this witness on cross examination. It seemed obvious the guy was lying to save himself and wife from the threat of federal criminal charges based on his earliest lies to the FBI. THIS IS WHY YOU SHOULD ALWAYS ASSERT YOUR RIGHT TO REMAIN SILENT UNTIL YOU HAVE AN ATTYS ADVICE AND ASSISTANCE. This man feels forced to lie to a jury that holds the rest of his cousin Briana's life in its hands because he told the FBI he didn't know who Briana was, instead of simply saying "I don't wish to speak with you without an attorney present. Please leave me your card and I will have my atty contact you if needed." ) Prosecuting attorney had a few more questions. Why do you believe your wife said that? Robert states he felt he had to spin the truth to his wife, that she had tension with Briana and that if she believed it was a rental for them it would be easier.
The defense chimes in. So you lied? You tricked your wife? Robert states, no, that he just convinced her. You said your wife believed the rental was for you. Robert gets flustered, he says, i dont know, maybe left out details, , I dont remember. The defense ends with. The good thing about telling the truth is that you don.t have to remember anything. robert says, "i think i see what your saying." The witness steps down. The prosecution then calls 2 nurses. (seperately but I will consolidate since he asked and received very similar answers) Jackie Brown of St. Peters hospital, emergency room. and Donna Kravis of Capitol Medical. Both women work in the Emergency room and are questioned about the policies regarding logging documentation of new patients and if people are turned away due to lack of funds. Both nurses state that a patient is triaged to access their need, never turned away because of lack of money, and that if anyone had visited the emergency room desk, and started the registration process, even if they didn’t stay, they still got their name logged. Jackie Brown stated that the evening of May 19/20 were not busy but not slow either. Both also stated that there was no record of Brianna waters visiting May 19/20 2001. Jackie Brown did say that there was a record of Briana being there Jan 2002, but didn’t have the exact date. The witnesses were cross examined by the defense who said IF there was a fabricated story that someone was in the emergency room, that person would not show up on your log, correct? Both agreed. The witness also asked Donna if the emergency desk was visible from the waiting room. She said yes. He asked if it was really busy, if someone who didn’t want to wait, might walk out without being logged or noticed. She agreed. Defense ends.
Witnesses leave the stand.
***

P.M. SESSION, 2/20

Wednesday 20th Feb. 2008. Without jury present, before trial, defense and prosecutors squabble over who's testifying today. The defense asked the witness list be given to them a day ahead of time. The judge said, should've been happening already. The jury enters. The Prosecution calls Witness David Edwin Peterson Born 1973 moved to Washington moved to Oly. Lived there from '78 to the present. Real-estate broker. Owner of 1510 5th Ave in Oly. Recognized a photo of William Rogers as renter, knew him as Todd Hager. Paid rent in cashier’s checks as shown in document. Avalon as a name was not recognized by witness. Witness did not know him to grow marijuana on site. Did not know of visitors. Witness owned a number of properties, some were students. Didn’t want lots of people renting or parties. He said William Rogers was a good renter, had his rent on time No cross-examination. Excused. Jen Kolar enters and takes oath. Prosecution addresses witness. Born and raised in Spokane WA. Attended Shadle Pk high, graduated 1991. Went to U of Boulder, Applied Math and Engineering degree. This is where she first met other activists and became involved in above ground activism. Dad lives in Spokane, mom in Eugene. Didn't know Lacey Phillabaum, who also went to school at Shadle Park High (coincidence?). Met her later. Graduated college 1995, applied mathematics. Got another degree '97 astro-physics. Said she moved to Colorado worked for COPIRG summer canvasing, where she met activists. After college she was hired as general manager for computers, computer consultant, software engineering and eventually moved to Seattle 1999. Started to date Joe Dibee. Worked for Internet search engine acquisition software. Prosecution asked about plea agreement, and if she had one with them to which she said "yes." 2 plea agreements. first of which had 4 charges from WA. She signed agreements on July 31, 2007. The subject of the agreements was that she tell the truth, and provide testimony in exchange for a reduced sentence of 5-7 years compared to the previous sentence she faced of 35years to life. First charge=conspiracy Second charge= attempt to commit arson in CO at the Ray Gun Club 3rd charge= help commit UW arson at center for Urban Horticulture, Seattle. 4th= use of destructive device for UW center. She admitted to a second plea agreement with the state of WA for the Cavel West arson, July 97. The prosecutors asked, who will decide your fate? She said "Judge Burgess" whom she sat before today. Is this any easy decision? "No, these were my friends, Brianna is my friend, we made a committment to each other to not talk about the action." May 6, 2004, officer Quimby, special agent, FBI came to her door to talk about events in Colorado. She did not want to talk, and when asked, said she wasn’t hiding anything and they left. She then contacted Kenny Clark to get agents info to her boyfriend Joe Dibee and summarized this meeting for him. Witness knew Joe Dibee told Kenny about the FBI visit, and Joe said "we'll spend alot of time in jail, and that he was scared.”
Prosecution mentions Dec. 10, 2006 (but really they meant 05) Quimby called Jen’s cell, and pleads her to listen and not hang up. Says that they know kolar has a great deal of involvement and they want to talk to her. Prosecutor asked, how did you find out about the 6 arrests of Dec 7, 2005? Witness said, kenny called her and told her to look at the news. She then was asked and positively Identified Brianna in the courtroom. She was asked if there was bad blood between them. She said no. She said she liked Brianna, and really cared about her. Her first activism was in CO with the environmental center, the Peace center, and Rocky Mt Animal Defense. Witness describes Rocky Mt animal defense actions were accepted above-ground activism. She attended meeting in MN in 96, a radical animal rights conference. Met Jonathan Paul (JP). Discussions at conference included fur release, Arson as tactic, schematics on devices they also gave out the addresses of all the fur farms in the US. Prosecutor. exhibits photo of Jonathan Paul, whom she identified as a leader, weathly, influencial, handsome, and she soon started dating him. She had a 7-month-long long distance relationship with him. Upon return from MN, JP asked her to spend time in 97 for 2-4 weeks at his home in Williams, OR. She flew to Seattle, then to Williams, OR. Prosecutor asked anything interesting about 97? She replyed that she was sick with e.coli blood infection and hospitalized. while in williams, He (JP) asked her if she wanted to join ELF and ALF. She said yes. July 97 they wanted to stop the slaughter at the facility of Cavel West of wild horses, and she and JP mixed glycerine soap, with gas and diesel. It took them a few days. They met up with kevin tubbs (photo recognized), jo dibee and jake (photo of jake ferguson, jake recognized) They reacted strongly that JP brought a new unrecognized person, but they agreed to continue the action anyways.
On the night of the action Kevin drove a van and drove to Redmond, OR, after they parked in the desert they walked down railroad tracks at approx 11 at night. There was a small shed on the side, they made sure no one was in there. joe drilled the walls, set the devices. poured fuel into the holes and buturic acid into the ventilation. They finshed and returned to williams. her travel expenses were covered by JP. There was a communique put out for ELF, to give attention to the action and make sure it wasn’t seen as a random act. She didn’t help write it. Prosecution noted the communique contained information that would only be known by someone involved in the action. She remained in school till 98. there was an action 98, attempted arson at Ray Gun Club. action was to stop contest killing by "local varment militia." Greg Litus also did the action. Decided to use the same technique as Cavel West for arson, but the building did not burn down. 1999 developed personal relations with Joe Dibee in Seattle. The Makah whale hunting issue was an issue both he and josh harper, Jake Conroy and JP were involved in. summer 99 moved to Fremont got a job doing software. Prosectors ask a question about Neah Bay protest. Joe and JP filed suits against each other over the ownership of the Sea Defense Alliance and its boats. Eventually Joe and her broke up.
She met Bill Rodgers (Avalon) in 2000 and trained on how to do arsons. She described him as gentle. Incubator meetings began in 2000 in Oly. Incubator meetings teach about committing arson. Jan. 2001 santa cruz. Copy of calendar shows 3 meetings. 1st meeting Santa cruz jan 5-7 held at hotel, 12 to 15 people. She said her job there was to teach PGP encryption, Internet security. She explained how nicknames worked and who had which ones from the list she had. Diver was her. Peaches was Al Decker. Ishi was Susan Savoie, Sabina was Joyanna Zacker, Jamie was Daniel McGowan, Leroy (don’t know who that was) Reba was Lacey, Micheal was Rod Coronado, Puck was Jeff Hogg, Zon(?) was Nathan Block. She helped make discs for PGP. Handed out disks and directions for them. Oly meeting 5-7 jan., 2001. Rogers borrowed a house. Meeting topic: did Bill Rodgers molest young women? Asked how folks got to the meeting. Discussion about Jen’s non activist boyfriend. Approached about genetic engineering by Al Decker and about doing the UW arson. Al Decker talked to her about research projects and Tobi Bradshaw and his work. She was approached by Bill Rogers or someone about participating to cut glass at the UW arson. Note: she had stain glass cutting experience. May 12th sat. 2001 on Oly campus, Evergreen, in a sound proof music room. with Briana, Bill, Chelsea, Stan, Nathan and Joyanna. Preparations for the UW and Oregon actions. She met Briana thru Bill and saw her only a few times socially. She tries not to talk about the arsons. Said her life changed soon after the UW action. She said she didn’t see a positive effect and walked away from "all this." No recollection of meeting prior to arson. May 20, 2001, drove to Greenlake Bar and Grill in her car. Met people from Oly. 5 people total: Jen, 2 females, 2 males, and bill (we know this doesn’t add up, but she said this) She said one female was Briana. They drove together from the bar in a rental and parked. Crossed field to the UW center, Briana stayed as lookout, Jen proceeded to cut the glass. Some broke in a loud manner. Briana radios about security car. They sat quiet and then proceeded. They removed a small aquarium and papers from the office. they placed fuel bags and left.
(court recess)
may 21 2001. Jen kolar id's backpack she used that night. recap'd setting of devices. described driving back home and heard nothing on her police scanner. Saw headlines the next day. exhibits shown pictures of the bar, end of street at UW, close up/ place where brianna was lookout, the bush. A 2nd action was done the same night for more impact, a sister action at jefferson poplar. she didn’t draft the communique but she saw it. Oct 2001. Joe dibee approaches Jen about wild horses to be slaughtered. Said he owed a funder an animal rights action. Oct 11, 2001, drove to nevada/CA border to meet with group. Stan brought incendiary devices. She was surprised it was an arson and not just a release. Suprised stan brought the devices. They camped. Joe maced self in the eye. They got fuel in Reno.Delayed the action a day due to Joe’s eye.
They had handsaws and Stan and her moved animals to the edge of corral, away from where they'd set fire. They set 4 devices under a truck and by buildings. The horses wouldn’t leave. They tried to force them, and then they left the gate open for horses to leave. Joe and her returned to seattle after. she wrote communique and sent oct 17, 2001 with Joe and sent from a cafe in seattle. Sent to ELF press office. Moved in with non activist boyfriend (still dating). lost touch with activists , saw briana a few times. Dec. 2005, Quimby, FBI approaches her again, she decided to hire lawyer, Mr. Martin a few days later. she met with gov’t agent Halla, was "likely to get a reduced sentence in order to put this thing behind her" Dec 16, 2005, with Feds, discussed book club meetings and Cavel West and spent only a few minutes on the UW arson, Jen said the UW arson was the foggiest in her memory. Asked if she remembered UW. She said bill, herself, 2 females, capitol hill girl, crazy dan and a punk boyfriend. She didnt remember briana’s involvement at this time. prior to next meeting, her memory jars, she looked thru phone book and saw briana’s number, told lawyer that she was involved. When asked if she knew lacey phillabaum plead guilty to the UW action, she said she didn’t remember Lacey being involved and then she provided briana’s name to the feds. Identified papers from a crate she had and a folder given to her from briana. She also had a daypack, laptop, zip discs from the horticulture center arson. Folder contained anarchist newsletters. Jen said she never read the information in the folder given to her by briana until this trial. Defense attorney Fox objects and asks her questions..... He asked if she knew who’s handwriting was in the file from briana. He also asked how could she know for sure that the information was in fact the same info, after so much time and so many moves. she said she knew it was always in the same crate.
Exhibit shown to Jen, bill rodgers book on arson. asked where she got it. she said she gave it to the feds. Bill had asked her to edit the book but she never got to it. diagrams shown. Fox jumps in again. questions, had you looked at the file briana gave you? no, not till the gov said to. objects to evidence. Court overrules, it is submitted anyways.
prosecution has her read excerpts from willful disobedience, describing activist philosophy including reference to UW horticulture and Jefferson Poplar fires. She reads about the will of being and anarchist and destroying industrial society thru well aimed revolt. The joy of vandalism and sabotage, the release. Read excerpts from Craig Rosebraugh’s direct action and economic sabatogue. Reads excerpt from what is ELF? Reads about action protocol. Meeting with fed, discuss book club, Cavel West fire. Feb 4, 2006, drove with agents, to Oly to id where people lived. Id'd Bill rodgers’ house and tried to find junk yard where folks (Joy and Nathan) lived and were thwarted by new development. March 6, 2006. Meeting with feds. They asked about briana and lacey. Did she know personality types of briana and lacey? would they cooperate? she said briana was mild mannered and believed she's cooperate. she had no doubt in her mind that briana was involved in the UW fire.
prosecution is finished.
CROSS EXAMINATION BY NEIL FOX
Established she now lived near the UW. Neighbors could be affiliated with UW. Established she used the facilities at UW. Talk about her work history and her college career. Asks if she understands value of work, the large impact when research is lost. she says yes. he mentions she lives a double life. lives a lie, and that she doesn’t flaunt her radicalism. she agrees. yes, yes, yes. establishes that not much is different in her life since 2001, same job, same boyfriend. only now she's not an activist. she holds several patents. her current job is interesting, includes travel. she owns a house and a did own a sailboat ( the manta ray ) that she sold her half to her boyfriend Jonathan Reichhold to pay her attorney costs. Neil has her admit though, that she still has full access to the yacht. Nov 2006 ran for a 2-year term as board member at the yacht club despite her guilty plea agreement a month earlier in which she was facing 5-7 years in prison. She races yachts for fun. she is a member of a yacht club (the corinthian). after pleading guilty in Oct. 2006, don’t you find it strange that you would run for a position as board member that would run for 2 years? she said no. Defense asks if went to chicago, and then to hawaii with jonathan riechold, her current boyfriend. she didn’t remember chicago but said yes to hawaii. The day after the UW arson (the evening of the arson really since it was after midnight), did you go to a sailing race? yes. casual race 4-8pm. she didn’t mention the arson to anyone, including her boyfirned, returns to normal life. At the susanville fire, when dibee maced himself and their action was delayed. She contacted her friend Kenny clark, or kenny cryst, the defense also listed him as going by Richard Mcdermitt, (deisel mechanic from Makah campaign) to call into work for her (make some excuse why she wouldn’t be at her work; and to reschedule a massage she had. May 2004 Quimby comes by at current house in Seattle. Wanted to talk about CO. She believed it was to talk about some actions or activities in CO but denied she thought quimby had specifics. The Vail arson was 2 weeks before Ray Gun Club attempted arson. Greg Litus and Jen made devices for the Ray gun club action, and it was on the same property as Nicole Rose Marino lived. Lived at same house as they were building the devices, Marino was an above ground activist. Nicole never knew about the activity on site—jeopardized her above ground work. court recesses for the evening. witness will take the stand at 9:00 am thursday.

NOTES: Defense counsel established Kolar as a cold, rich woman who didn’t have any remorse for the numerous crimes she committed. She appeared to be very bright, heavily involved in major parts of planning, research etc. Question: why would a woman like Kolar, who was in charge of teaching computer security culture to the group and was heavily involved in lots of illegal activities, then keep all the PGP disks, info, data, passwords, old laptops, her old PDA info and other highly suspicious items for YEARS in her personal belongings???? Could it have been an intentional insurance policy for her in case she/they ever got busted??? Seems really strange for a smart woman to be so stupid as to save all this stuff, including scanners and gloves, and then willingly and voluntarily turn it all over to the feds once she was caught???