Update 12/12/07 Letter and Analysis from Nutritionist Jack Norris Regarding Eric's Diet

Correctional Health Services
9619 Micron Avenue, Suite 850A
Sacramento, CA 95827-2625
916.875.9782
inmatepatientcare@saccounty.net

Dear Correctional Health Services

I am a Registered Dietitian and President of Vegan Outreach, a national organization with 30,000 members. I am writing regarding the case of Eric McDavid who is being held in the Sacramento Country Jail (x-ref 2972521).

In April of 2006, I submitted a declaration for a temporary restraining order demanding Sacramento County provide Eric with vegan meals. Apparently, the jail capitulated and for 15 months, Eric was given vegan meals.

A vegan diet means a diet that excludes animal products, and is normally followed because of the considerable suffering caused to animals in the production of such products. The diet prohibits meat, fish, dairy, and eggs. Vegan ideals are held as strongly by vegans as any religious person holds their religious practices. In my opinion, it is inhumane to make someone violate principles that they hold so dear and which are not hurting anyone else. It should be clear how seriously Eric McDavid takes the issue of not causing harm to animals by the fact the he is willing to endure great hunger for long periods of time in order to refrain from doing so.

About 3 months ago, one week before Eric's trial, the jail resumed refusing to give Eric vegan meals. Since that time, Eric's weight has dropped from 180 lbs to 147 lbs. Eric is 72 inches tall which means that his Body Mass Index (BMI) is now 20.0. This is considered the very low end of healthy, with a healthy BMI being 20.0 to 25.0. His weight is likely to continue to drop on the regimen of food provided to him.

I asked Eric to list a sample menu for a day (attached). I then calculated the vegan portion of these meals (attached) and analyzed them (attached) to find that Eric is only receiving 32% of his caloric needs. He is only receiving 37% of his protein needs, an average of 52% of his vitamins needs, and an average of 58% of his minerals needs.

I also found out that Eric has possibly not received any source of vitamin B12 since he entered jail, which has been approximately two years now. It is very important for vegans to have a source of vitamin B12 through fortified foods or supplements. Serious vitamin B12 deficiency can often take two to three years to manifest, but once it does it can present itself very quickly and often lead to permanent neurological damage and even death. I encourage you to immediately make sure that Eric is given a supplement of vitamin B12. Any multivitamin would have vitamin B12, and he should take it once a day.

I hope you will attend to this matter as quickly as possible and make sure that Eric has adequate vegan meals meeting nutritional recommendations and that he receives vitamin B12.

Sincerely,

Jack Norris, Registered Dietitian
President, Vegan Outreach

Sample Menu for One Day of Non-vegan Meals

Breakfast
2 small biscuits with meat gravy
side of fruit (about 6 ounces)
side of cornmeal (about 6 ounces)
2 pieces of bread
small banana
milk (carton)

Lunch
soup - chicken or beef base, w/meat and mixed veggies in it (about 10 ounces)
sandwich w/slice of meat, mustard
1 piece of fruit (small apple)
kool aide (about 8 ounces)

Dinner
chopped chicken breast w/gravy and veggies in it
side mixed veggies (4-6 ounces)
side of fruit (4-6 ounces)
2 pieces bread (wheat)
salad w/dressing (ranch) (handfull of romaine lettuce)
kool aide (about 8 ounces)


Vegan Portion for Analysis:

Cereals, corn grits, yellow, regular, quick, enriched, cooked with
water, with salt 170 g 100.3
Bread, wheat 2 slice 133.0
Bananas, raw 1 medium (7" to 7-7/8" long) 105.0
Fruit salad, (peach and pear and apricot and pineapple and cherry), canned, light syrup, solids and liquids 170 g 98.6
Apples, raw, with skin 1 medium (3" dia) 94.6
Fruit punch drink, without added nutrients, canned 226 g 108.5
Bread, wheat 2 slice 133.0
Vegetables, mixed, frozen, cooked, boiled, drained, with salt 141 g 84.6
Lettuce, cos or romaine, raw 1.5 cup shredded 12.0


Nutrition Summary
Report generated by CRON-o-Meter v0.9.3


General (43%)
===========================================
Energy | 869.6 kcal 32%
Protein | 20.6 g 37%
Carbs | 195.0 g 150%
Fiber | 20.9 g 55%
Fat | 5.2 g 8%
Water | 951.0 g 26%

Vitamins (52%)
===========================================
Vitamin A | 11080.3 IU 369%
Folate | 307.0 µg 77%
B1 (Thiamine) | 0.8 mg 67%
B2 (Riboflavin) | 0.8 mg 65%
B3 (Niacin) | 9.5 mg 59%
B5 (Pantothenic Acid)| 1.9 mg 38%
B6 (Pyridoxine) | 0.9 mg 69%
B12 (Cyanocobalamin) | 0.0 µg 0%
Vitamin C | 45.4 mg 50%
Vitamin D | 0.0 IU 0%
Vitamin E | 1.3 mg 9%
Vitamin K | 114.9 µg 96%

Minerals (58%)
===========================================
Calcium | 252.4 mg 25%
Copper | 0.6 mg 68%
Iron | 7.5 mg 94%
Magnesium | 153.6 mg 37%
Manganese | 2.6 mg 114%
Phosphorus | 334.8 mg 48%
Potassium | 1445.2 mg 31%
Selenium | 35.7 µg 65%
Sodium | 1323.6 mg 88%
Zinc | 2.6 mg 23%

Lipids (9%)
===========================================
Saturated | 1.1 g 6%
Omega-3 | 0.3 g 19%
Omega-6 | 1.7 g 10%
Cholesterol | 0.0 mg 0%

 

Update 12/6/07

Dear friends,

We just wanted to give you a quick update about Eric’s hearings. His hearing on the motion for a new trial, which was supposed to be heard today (the 6th), has been moved again and will now take place on January 10.

His sentencing, which was recently moved to January 10, has been moved again to January 24.

Thank you all for your continued support!

Yours,
SPS

Update 11/27/07 Eric Finally Receives Cardiologist Visit

Dear friends,

On Sunday we learned that the cardiologist finally made it in to visit Eric. Thank you to everyone who’s calls and emails were an integral part in making this happen. The doctor examined Eric and determined that he “very likely” had a case of pericarditis in the spring. As of right now, everything looks and sounds healthy with his heart. The doctor told him which medications he should request if the pericarditis comes back, and told him that if the jail refuses to provide these medications that he should request to be taken to UCD Medical Center. Eric has finally received the tests/examinations that he has been waiting for since last April, but he has not yet been allowed to review the results.

Yesterday (Monday) Eric called to tell us that they took him down to the doctor to “officially” end his hunger strike. They also finally drew his blood to run tests. Now that Eric is eating and his heart condition seems to have passed (for now), it seems likely that the blood tests might serve only to absolve the jail of any responsibility for his previous conditions. However, if they test for the right things, they might be helpful in proving that Eric is in dire need of vegan food, as he is most certainly not getting the nutrition his body requires.

Please continue calling the jail and demanding that Eric be given vegan food and that they allow him to review his medical records.

Make sure you have Eric's x-reference number handy in case they ask for it (x-ref 2972521):

Jail phone numbers: 916-874-6752 or 916-874-6905
Chief Deputy, Corrections & Court Services 916-874-5686

Captain Scott Jones: 916-874-5428 (This is the direct line for the jail commander and it may only be answered during business hours)

You can also request to speak with Jail Operations Commander Douglas, as he is allegedly the person who will probably make the final decision about Eric's food.

Thank you all for your continued support!

Yours,
SPS

 

Update 11/26/07 Materials from Eric's Press Conference on 11/20/07

Statement for Eileen McDavid, Eric's Mother

Statement from Jenny Esquivel, Eric's Partner

Statement from Eric on the Hunger Strike

Eric's Demands from the Sacramento County Jail

Fact Sheet on the timeline of Eric's Food and Medical Situation

 

Update 11/23/07 Eric Ends Hunger Strike, Still Needs Your Help!

Dear friends,

Eric called this morning to tell us that he has ended his hunger strike. Today marked the two-week point in this leg of his struggle for vegan food. Further down is a letter he has asked us to send to you.

Thank you all for your support these last two weeks! Based on the jail's response to our calls, it was clear that they were feeling the pressure. Unfortunately, this battle is not over. Eric is still requesting vegan food AND medical care from the jail. We need to keep calling to demand that he be provided both.

Eric has decided he will finish the commissary food he has left in his cell, but will no longer be ordering items from commissary. This means that he will, once again, be subsisting off of what little food he can pull from his trays. Eric has tried this in the past. In fact, this is what he was eating before his recent hunger strike. During the two months he was doing so, he lost 20 pounds and suffered a bout of pericarditis. Clearly, this is not an acceptable diet. It is imperative that we keep calling the jail and and demand that Eric be given food and medical care immediately.

Eric has still not received blood work. The doctors at the jail have told Eric's lawyer a number of times that the cardiologist was schedule to see Eric, but this has yet to happen. Eric needs to be given bloodwork, and to see a cardiologist immediately so they can properly diagnose the cause of his heart condition.

When Eric was last weighed by the doctors at the jail, he weighed 147 pounds. This is the lowest his weight has been since he entered the jail, and it is dangerously low for someone of Eric's height and build.

When Scott Jones was interviewed by the press on Tuesday (after a press conference held by his family, partner and supporters about his hunger strike – for statements from Eric, his mother, and his partner about his hunger strike, please check back soon, as these documents should be posted in the next couple of days), he repeated the jail's oft repeated lie that the jail does not have the resources to supply Eric with vegan food. Please remember that this is absolutely false. The jail provided Eric with vegan food for 16 months, and there is no reason they cannot continue to do so.

Please keep calling the jail! When you call the Correctional Health Services Division about Eric's medical situation please request that they do the following things:

1) Give Eric the treatment they have promised. That means bloodwork and a visit from a cardiologist. Until they do these things, they will not be able to properly diagnosis the causes of and provide treatment for his heart condition.

2) Eric needs to be given full access to his medical records and the results of these tests.

3) Dr. Dutrick (possibly mispelled), the man in charge at medical services, should recommend that Eric be given vegan food for medical reasons (it would obviously improve his health). Scott Jones said in an interview with the Sacramento Bee that they will give prisoners vegan food with a doctor's order.

4) Dr. Dutrick should make a recommendation to the jail administration that inmates who refuse to eat non-vegan food should be given vegan food for medical reasons (clearly eating is healthier than starving)

The phone number to the Correctional Health Services Division is: (916) 875-9782. You can also email them at: inmatepatientcare@saccounty.net

When calling the jail administration about vegan food for Eric and future prisoners, request that they:

1) Provide Eric with vegan food immediately. His health is in very poor condition – he lost 20 pounds after they cut off his vegan meals, and suffered another bout of pericarditis – and this could be remedied by feeding him nutritious, healthy meals. They provided Eric with vegan meals for 16 months. There is no reason they cannot continue to do so. (Remember, they always say that they don't have the resources to provide “special” diets – but this is simply not true.)

2) Change the policy about vegan meals and ensure future access to anyone that refuses to eat non-vegan food.

3) Jail Commander Captain Scott Jones or Operations Commander Lt. Deputy Douglas needs to speak with Eric immediately about his requests so they can begin remedying the situation.

Please continue calling the jail at the numbers below, and make sure you have Eric's x-reference number handy in case they ask for it (x-ref 2972521):

Jail phone numbers: 916-874-6752 or 916-874-6905
Chief Deputy, Corrections & Court Services 916-874-5686

Captain Scott Jones: 916-874-5428 (This is the direct line for the jail commander and it may only be answered during business hours)

You can also request to speak with Jail Operations Commander Douglas, as he is allegedly the person who will probably make the final decision about Eric's food.

A Letter From Eric
needing to land ashore & rocky shoals at low tide revealing no beach head, the search for a harbor elsewhere must ensue… … …

upon reflection i noticed how procedure and policy had removed the humyn element in how the jail handled hunger strikes (as much as there was one in the first place), how my hospitalization was becoming unavoidable (irking at my just say no instincts 2 western “medicine”), & most important of all = something’s not feeling right in the direction i was moving. these relations have brought me 2 the point where i’ve decided 2 no longer protest in this fashion; in the spring of 06 it brought forth growth, seems like the soils of fall 07 may require a different type of seed. i also fully acknowledge that some cycles are meant 4 others 2 complete but i still have some time left within these walls. my intent was 2 B treated humanely in an inhumane system, perhaps that was my mistake – oh well = live, learn, adapt, think about it, think about it again & give it 1 more go (emphasis on the adapt bit)

i wish 2 thank from the depths of my being all those who have supported me over the last 2 weeks with letters & contacting the jail on my behalf. i especially want 2 thank my partner, family and SPS for all their energies & support.

Much love and solidarity,

D

Find Your Joy

 

Update 10/31/07

New Support Flyers!

 

Update 10/27/07

Motion for new trial and acquittal

 

Letter from Eric 10/5/07
Dear friends,

Below is a letter from Eric. We want to keep this short, and leave you with his words, but just a quick note: last night Mark filed a 28-page motion for a new trial/to acquit based on the errors made throughout the trial. Most of these have been discussed in previous alerts and court reports, with the exception of one. When the court issued it's answers on Thursday morning to the questions the jury asked Wednesday afternoon, the judge told the jury not to write down the answers, as the jury would be issued a type-written response upon their return to the jury room. The answer given to the first question in court (whether or not Anna was a government agent in August 2004) was an unequivocal "yes." However, the answer given to the jury upon their return to the deliberation room was a type-written "No." This clearly could have had alarming impacts on the verdict they decided upon in Eric's case. . .

A letter from Eric...

i've been told that my conduct has been seen by some as inspirational, i'm grateful to be able to provide a source of strength to those in my family who find themselves in a time of need - more so as being a part of their process of growth and self creation... but my behavior is, in a sense, selfishly borne - my intent originates from a perspective which encompasses my family and their future generations... though, the term "family" i don't utilize in a conventional or everyday sense - the bubble has expanded beyond the customary... it holds within it the micro and macro, all those with whom i have shared that muted and unblinking stare of understanding - be it on the streets, at a skillshare or class, concert, speech or march, rally, home-demo or a really free market - at a convergence centre, library, campsite, critical mass, on an on-ramp, alongside of a highway, at a rest stop, from a train, in a forest, a city park or square, or at a stream, river, lake, hot-spring or beach... this bubble also includes each and every one of those individual places - unique unto themselves in appearance, locality, time and energy/personality ~ as well as the non-humyn inhabitants therein, who aid in the continual self-creations of those environments... keeping that selfishness close to my Heart and mind is something i aim for - knowing that all my life i have been conditioned by our society to the contrary... during my ten days of "disciplinary isolation" last fall an idea made itself known to me ~ it was to create with that which is provided, not necessarily to its particular purpose, but to my own... this includes the pain which resides within my Heart due to the separation between us... i've come to see energy as the most malleable aspect of this reality, and the emotions that surge through our bodies can be utilized for any number of means and ends... painless stagnant can fester into hate and reaction - but utilized with a conscious and open intent it could nurture the catalysts required to move through our thresholds... hate is the death of joy and reaction is nothing more than unconscious reflex brought about by a certain stimulus (perceived or not) which induces predictable responses - in most cases, conceding to the terms and definitions of the initiator, allowing the stimulus to have affect, signifies it's success... conscious creations with the cycles of growth and health do not fit into the matrix of cause and effect - their qualities and forms flow through the rigid structures that seek to encapsulate, reform, define... ... i object to being pigeonholed (physically and figuratively) by cleaving to some marshal or warrioresque mantra that many have chosen when confronted with similar circumstances - what they chose is for their own personal path, what they've perceived as necessary for their survival... from where i stand, it feels that if i followed that train of thought i would be adhering to a path too well-worn ~ and don't get me wrong, i honor and respect those that have come before me who continue to adhere to the wisdom in their hearts, but those known trails can also be used by others that have scouted them for weaknesses ~ if experience has taught me anything, it's been to stick to the deer trails or create my own... another of my recent lessons has been to recognize the beneficent qualities of shape-shifting, as defined by terry tempest williams = "this has nothing to do with inconsistency. it has to do with seizing the moment, perceiving what is necessary in that moment ... knowing what each occasion demands, and standing our ground in the places we live..." ... but this is neither the time nor the place to fully delve into such things, for this letter has another intent... ... ... throughout this experience i have been in awe of the loving support given by family, known and unknown from around the country and the world, who have nourished me during this part of my journey ~ i've received such an inundating amount of mail that i haven't been able to respond to it all ~ there is no concept that can adequately express my thanx and appreciation to you all... ... to all of those unknown and unnamed beautiful individuals who have aided me on this case, i am impatiently waiting to thank you properly with a huge hug... ... christine, i haven't forgotten about the vegan dinner i promised... ... to my counsel mark, who's expertise in his field is unquestionable - his abilities, passion, and determination provide a wellspring of strength, especially knowing that he continues to fight for me - as he said on the 27th "it's only the openings of the third quarter" ~ the notion of gratitude doesn't begin to encompass the feeling in my heart, my friend, much love... ... to jed, my investigator/case manager/Elder, your energies vested into this case have been the bedrock of grounded exploration, balancing the sometimes frenzied and boisterous antics that accompany markus' high energy nature, thank you my friend... ... i'd also like to thank bob, my first investigator, for his time, company and aid working on the hours upon hours of transcripts with me over that first summer (which my partner and sister painstakingly gleaned from the shockingly abhorrent quality of fbi recordings)... ... the actions and aid of sac prisoner support have and continue to transcend any and all of my ideas concerning prisoner support groups and have been monumental in this experience on every conceivable front - too much love... ... the Love, Support, and Understanding of my Parents and Sisters goes beyond scope, simile, and metaphor - i Love you all ... ... and i Feel and Know in my Heart, Body, and Soul that my survival has been impacted to an inexpressible degree by the Love and Support of my Partner ~ and the intertwining of Our Paths has brought a Depth and Quality of Life i had never before imagined to exist - my Thanx transcend language and my Love, only a Beginning... ... ...

my Thanx and Love 2 U All

This is far from Over

D

find your joy

Update 11/18/07 Day 10 of Eric's Hunger Strike

As Eric ends the 10th day of his hunger strike we would like to take the opportunity to thank everyone that is working to support him, to update you on his health and clarify where things stand with the jail.

It has come to our attention that the Correctional Health Services Division has told people that they are attending to Eric's health properly and that there is nothing else that they can do. Though it is true that some of the things Eric is demanding must be authorized by the higher ups (such as Scott Jones), the jail medical staff can help remedy this situation in four important ways:

1) Give Eric the treatment they have promised. That means bloodwork, an ECG, and a visit from a cardiologist. This is not our idea of the treatment he should get, this is the treatment the doctors and nurses have said that Eric should get, or that they will provide. The doctors did finally give Eric an x-ray on Friday, but they did NOT discuss the results of the x-ray with him, or even show it to him. They also told Eric on Friday that they would be checking his vitals every day, but this has not happened since that time.

2) Eric needs to be given full access to his medical records and the results of these tests.

3) Dr. Dutrick (possibly mispelled), the man in charge at medical services, should recommend that Eric be given vegan food for medical reasons (it would obviously improve his health). Scott Jones said in an interview with the Sacramento Bee that they will give prisoners vegan food with a doctor's order.

4) Dr. Dutrick should make a recommendation to the jail administration that inmates who refuse to eat non-vegan food should be given vegan food for medical reasons (clearly eating is healthier than starving)

These things should be very easy considering only one point involves the actual delivery of medical care, which seems to be their weak point. Once these things have actually been done (not just empty promises made to Eric) then there will be no need to call the Correctional Health Services Division any more.

When calling the jail administration about vegan food, please request that they:

1) Provide Eric with vegan food immediately.

2) Change the policy about vegan meals and ensure future access to anyone that refuses to eat non-vegan food.

3) Scott Jones or Operations Commander Lt. Deputy Douglas needs to speak with Eric immediately about his requests so they can begin remedying the situation.

Please be aware when you call the jail that they may tell you Eric is receiving medical care, or that he is receiving food. Both of these statements are false. As soon as either of these situations are remedied we will let you know. They may also tell you to call Eric's mother, or that she will call you. This is completely absurd, as most of you don't even know Eric's mother. The jail is merely attempting to reduce the amount of calls they are receiving. Do not let this deter you. If the jail wants people to stop calling, the solution is easy - provide him with quality medical care and ensure vegan food for him and future vegan prisoners.

Eric is still rapidly losing weight - he has lost approximately 10 pounds in the last 10 days - and his medical condition is quickly deteriorating. He is still having problems with circulation in his extremities, his energy levels are quickly decreasing and it is becoming increasingly difficult for him to perform his normal, day to day functions.

Please continue calling the jail at the numbers below, and make sure you have Eric's x-reference number handy in case they ask for it (x-ref 2972521):

The phone number to the Correctional Health Services Division is: (916) 875-9782.

You can also email them at: inmatepatientcare@saccounty.net

Jail phone numbers: 916-874-6752 or 916-874-6905

Captain Scott Jones: 916-874-5428 (This is the direct line for the jail commander and it may only be answered during business hours)

You can also request to speak with Jail Operations Commander Douglas, as he is allegedly the person who will probably make the final decision about Eric's food.

We will send out more details as they become available. Thank you all again for your continued support!

Update 11/14/07: Day 6 of Eric's Hunger Strike.
Your calls are making a difference. Please keep it up!

As Eric enters day 6 of his hunger strike we wanted to give the latest news on his health and the response from the jail.

Yesterday Eric requested to see the nurse because his kidneys hurt and his right tonsil was inflamed and bleeding. He was seen by the nurse today but they refused to examine his kidneys or his tonsils. They just took his vitals. He is 152 pounds which means he has lost 8 pounds since Friday. Last Friday Eric sent a message to the Dr. asking what would be the effect of taking the steriods they wanted to give him for his pericarditis if he wasn't eating. Today he received the utterly confusing response that he never had pericarditis so they would have no effect. Obviously this does not explain whether or not it is safe to take these drugs while hunger striking.

Declaration of Raye Bellinger, M.D. regarding Eric's diagnosis with Pericarditis in April.

We have a report that the direct line for Captain Scott Jones is 916-874-5428. He is the main jail commander and decides whether or not Eric gets fed and what policies should be in place for feeding other vegan prisoners. You may want to mention to him that states such as Florida have chosen to offer vegan meals as the special meal in all of their prisons. The jail has provided Eric with vegan food before and can do it again. Eric is hunger striking with the demand that he be given a garauntee of healthy vegan meals and that the jails policy be changed to provide vegan food for other prisoners that request it.

Apparently the Correctional Health Services Division has been flooded with call about Eric's case. It appears they are just begining to be informed about this issue and take his dire medical situation seriously. A staff person from the Correctional Health Services Division and a man who identified himself as the Medical Director of UCD Medical Center both called Eric's mother today and asked her to tell people to stop calling. Eric's mother explained to them what Eric's condition was and why people were concerned. They both said they did not know about Eric's food situation. Be sure to mention the link between Eric's lack of food and his heart condition as well as his hunger strike if you call them. Here is the pertinent information for calling the Correctional Health Services Division.

1) Eric's x-reference number: x-2972521 (if they ask, he is housed at the main jail)

2) Eric needs to be given vegan food immediately. His heart condition is almost certainly linked to his atrocious nutritional intake, and until they provide him with healthy food, his heart problem will persist. Because Eric is demanding that they talk to him about changing their policy, it is imperative that they speak with him right away about working on an agreement. You should request to speak with Captain Scott Jones, the jail commander, about these issues.

3) Eric needs to receive an ECG, blood work and an x-ray ASAP. These tests are imperative to determining other possible causes of the pericarditis. Again, until they fully understand what is causing the condition, they will only be treating symptoms.

The phone number to the Correctional Health Services Division is: (916) 875-9782.

You can also email them at: inmatepatientcare@saccounty.net.

On Thursday November 15 at 10am Eric with appear in Judge England courtroom for the hearing on his motion for a new trial.

Thank you to all those who have been writing and calling the jail, it sounds like we may be finally getting through to them. It is important for them to know that they are being scrutinized and that there are many people that are concerned about Eric and will continue to be concerned until this situation is resolved. Everyday that this continues his health is in jeopardy.

Thank you for your support
SPS

Update 11/ 13/07: Day 5 of Eric's Hunger Strike

Dear friends and supporters,

We wanted to give you the latest news about Eric’s medical and food situation. Things are still quite critical, and we need everyone’s help as Eric enters day five of his hunger strike.

After visiting the doctor on Friday night, the jail began offering Eric the same medications he took for his pericarditis in the spring. Due to his hunger strike, however, Eric is declining to take the medication until the jail can tell him if there would be any adverse affects. They have yet to do this. While his heart condition persists, it has lessened in intensity. On Saturday he was finally able to lie down again, although when he called us this morning (Monday) he said he had trouble getting to sleep last night.

His hunger strike is beginning to take its toll on his body. This morning he told us the circulation to his hands and feet is getting weaker, and eventually he had to get off the phone because his legs were tiring. Because Eric has not received vegan meals since a week before his trial in September, he is starting his hunger strike with an already weakened body and immune system. He informed us on Sunday that he has lost approximately 20 pounds in the last two months (he discovered this when they weighed him during his visit with the doctor).

Despite this, Eric stands firm in his decision to continue his hunger strike. In fact, he has expanded the objectives of his hunger strike, and is now requesting the following from the jail:

“A written, notarized and signed document consisting of the following agreement between the parties involved, i.e. myself and Sacramento County Main Jail:

1. A healthy provisionary diet will be provided by the jail that does not consist of animal products and byproducts

a. This healthy, provisionary diet will be provided to individuals requesting it due to their moral, ethical and religious needs

2. Within the next three months dates will be allocated for the meeting of parties who fund, operate, manage and oversee issues dealing with the food services at SCMJ; whereas the central intent will be to secure the necessary steps in creating a complete vegan diet, as well as its implementation at the soonest possible date [There are currently models in place for vegan food in jails and prisons. Florida prisons recently made vegan diets available to everyone who needs a “special diet” (kosher, halal, Seventh Day Adventist, etc.) ]

3. This agreement would be binding to the current administration as well as all successive administrations”

This means, in essence, that the jail must now not only feed Eric, but also must change their underlying policies about vegan food. This decision is motivated by Eric’s desire that no one have to endure this struggle in the future. All prisoners should be afforded their right to healthy, nutritional food – it is the jail’s responsibility to ensure that this happens.

Eric knows this will not be an easy battle, and he needs all of us on the outside to support him as much as possible. There are a number of things you can do to support Eric at this time, including calling the jail, spreading the word about his hunger strike, and sending him letters of support.

The most urgent thing you can do right now is call the jail and request they agree to Eric’s demands AND that they respond properly to his medical needs. Here are some things you should say when you call:

1) Eric's x-reference number: x-2972521 (if they ask, he is housed at the main jail)

2) Eric needs to be given vegan food immediately. His heart condition is almost certainly linked to his atrocious nutritional intake, and until they provide him with healthy food, his heart problem will persist. Because Eric is demanding that they talk to him about changing their policy, it is imperative that they speak with him right away about working on an agreement. You should request to speak with Captain Scott Jones, the jail commander, about these issues.

3) Eric needs to receive an ECG, blood work and an x-ray ASAP. These tests are imperative to determining other possible causes of the pericarditis. Again, until they fully understand what is causing the condition, they will only be treating symptoms.

The phone number to the Correctional Health Services Division is: (916) 875-9782.

You can also email them at: inmatepatientcare@saccounty.net.

Their website says that they log all calls and emails to the Correctional Health Services Division and that you will receive a response within 24 hours (this has NOT been the case, as those of you who have called or emailed probably know). If you get an answering machine, leave a long detailed message, including your name and number if you would like to receive a call back

You should also call the main jail line at: 916-874-6752 or 916-874-6905, leave a message with them, and also request to speak with Captain Scott Jones.

Please spread the word about Eric and his hunger strike. The more people we have working for his health and safety out here, the more likely he is to receive the food and medical care he needs. We must not let the bars and concrete silence his voice, but to do that we must be vocal ourselves. We hope to post a flyer on the website soon that you can pass out around town or use at events. Encourage your friends and family to call and email the jail – it only takes a few minutes out of your day, but its critically important for Eric. This fight is not only for Eric’s life, but for all those after him who refuse to abandon their ethics and compassion in jail. And please keep writing Eric during this difficult time. Our letters help feed his spirit, even when his belly is empty… For guidelines and info on writing Eric at the jail, please click here.

Our deepest thanks to everyone who has been calling and emailing the jail – we need you to keep it up!

We’ll keep you updated on this situation as more information becomes available.

Yours,
sps

Update 11/9/07: Eric on Hunger Strike

Dear friends,

Eric called this evening with an update on his medical condition. At 8:00 this evening he was called out to talk to a sargeant who discussed his medical situation with him. After this conversation, the sargeant sent Eric back to medical to be seen by a doctor. The doctor (a different doctor than the one he saw earlier in the day) took his vitals and acknowledged that he had pericarditis in the spring. She asked him if this felt like the same thing, and Eric said that it did. The doctor said she would request that blood work, an ECG, and an x-ray be done - but more than likely none of this will happen until after the holiday weekend (on Tuesday). She also went over with him the medication he received in the past and said she would put in a request that he begin receiving it again. Eric received medication at around 9:30 this evening. When Eric tried to discuss the cause of the pericarditis (more than likely, his diet) the doctor was evasive and sent him back to his cell.

Because his diet is almost certainly a cause of the pericarditis, Eric has decided to begin a hunger strike, once again, to gain access to vegan food. The last "meal" he ate was at 8:30 am - a banana and two pieces of bread. The jail has provided Eric with vegan food in the past and there is absolutely no reason they cannot do it now. Please call the jail and request that Eric be given vegan meals immediately.

The phone number to the Correctional Health Services Division is: (916) 875-9782.

You can also email them at: inmatepatientcare@saccounty.net.

You should also call the main jail line at: 916-874-6752 or 916-874-6905, leave a message with them, and also request to speak with Captain Scott Jones.

Their website says that they log all calls and emails and that you will receive a response within 24 hours. If you get an answering machine, leave a long detailed message, include your name and number if you would like to receive a call back.

When you talk to them (or leave a message) make sure you mention the following things:

1) Eric's x-reference number: x-2972521 (if they ask, he is housed at the main jail)

2) Eric needs to be given vegan food immediately. His heart condition will persist until the underlying causes are treated, and his nutrition is integral to this.

3) Eric needs to receive an ECG, blood work and an x-ray ASAP. These tests are imperative to determining other possible causes of the pericarditis. Again, until they fully understand what is causing the condition, they will only be treating symptoms. [When Eric visited the UC Davis Medical Center in the spring, the hospital requested that the jail do blood work to determine what might be causing the pericarditis. It is uncertain as to whether or not this ever actually happened.]

Eric has not received vegan meals from the jail since one week before his trial - the beginning of September. It has been difficult for him to maintain his health since that time, with so little nutrition available. Because of this, he begins his hunger strike with a body whose health is already depleted. We cannot stress how urgent it is that the jail begin feeding Eric food he can eat, and that they fully address his medical situation.

Thank you all for your continued support.

For more information about pericarditis, go to:
http://heartdisease.about.com/cs/pericarditis/a/pericarditis.htm

 

Update 11/9/07

Dear friends,

This morning Eric called and informed us that his pericarditis woke him up at 6 am. He was having chest pains, trouble breathing, and was unable to lie down. Because of this, he went out for sick call and was given an EKG. The jail doctor told him that he was fine and that he NEVER had pericarditis - in direct contradiction to the diagnosis from the doctors at UC Davis Medical Center in the spring. When Eric asked to see the results of the EKG, the doctor refused and sent him back to his cell. Later, Eric requested to see the doctor again and they refused to see him. Eric's lawyer has filed a memo with the court and sent it to Scott Jones (the jail commander) and the US Marshalls Service.

It is imperative that Eric be allowed to see a doctor and that he be given the proper medical care. Pericarditis can be a VERY serious condition - especially left untreated. It is URGENT that everyone call the jail immediately and demand that Eric be allowed to see a doctor and that they give him the medical care he needs. If the jail cannot provide this, they need to send him back to UCD Med Center where he can get the proper care.

The phone number to the Correctional Health Services Division is: (916) 875-9782.

You can also email them at: inmatepatientcare@saccounty.net.

You should also call the main jail line at: 916-874-6752 of 916-874-6905, leave a message with them, and also request to speak with Captain Scott Jones.

Their website says that they log all calls and emails and that you will receive a response within 24 hours. Make sure that you have Eric's x-reference number when you call: x-2972521. They might also ask for his location, which is the Sacramento County Main Jail. If you get an answering machine, leave a long detailed message, include your name and number if you would like to receive a call back.

We are fairly certain that this recent flare-up of pericarditis is directly linked to Eric's atrocious diet. He is still not receiving vegan meals. His substandard diet consists primarily of small amounts of empty carbs, hydrogenated oils, and a bit of protein. It is crucial mention this when calling the jail about his condition, and demand that he be given vegan meals immediately. They have given him vegan meals and outside medical treatment before and can easily do it again, anything less could have severe repercussions for Eric's health.

We will keep you updated about this situation as more information becomes available.

Sentencing Postponed

Eric's sentencing has been moved to January 10. This is an upsetting development, as Eric was looking forward to getting out of the Sacramento County Jail - once moved to a federal facility, his general living conditions will likely improve dramatically. He will probably have access to better food, more outdoor time, more social interaction, contact visits, etc. The longer we have to wait for sentencing, the longer we have to wait to start the appeals process. Please continue writing Eric during this time (details about writing Eric can be found here). This is proving to be a particularly difficult time for him, and he needs everyone's support.

Also, please plan on coming to sentencing on January 10 to support Eric. We would love to have the courtroom full for him on this day.

Finally, please consider writing a letter to the judge to urge the lowest possible sentence for Eric. The US Attorney is still indicating that they will be pushing for the maximum sentence of 20 years. The judge needs to hear from Eric’s friends and family – he needs to know that Eric is a well-respected, honest, compassionate, non-violent person. It is important for Judge England to know that the acts charged in the indictment are out of character for Eric. Some things you might mention in your letter include:

(1)How long you have known Eric

(2)How you met him and how you know him (i.e. school, work, mutual friends, etc.)

(3)Any experiences you have had with Eric that demonstrate what you think are important aspects of his character

Address your letter to:

Judge England
U.S. District Court, Eastern District of California-Sacramento
501 “I” Street
Sacramento, CA 95814

Please DO NOT send your letter directly to Judge England. Instead, please send them directly to Eric’s lawyer:

Mark Reichel
555 Capitol Mall, 6th Floor - Suite 600
Sacramento, CA 95814

Please mail your letter with your original signature as soon as possible. Again, letters should be sent to Eric’s lawyer, Mark Reichel, and not to the judge.

Reminders and Miscellaneous

Eric is still doing fine on books. Please refrain from sending him more until further notice.

Eric's next hearing is still on calendar for November 15. This will be a hearing on the motion for a new trial and acquittal, which can be viewed on Eric's website.

Earth First! journal recently published an article about Eric and his case. The article can be viewed online at: http://www.earthfirstjournal.org/article.php?id=326

Update 10/12/07

It has been two weeks since the jury found Eric guilty, and we are still trying to regroup and get ready for the next round. While this is going to be a long process – one which will require your help and support in a variety of ways – there is one thing that simply cannot be put off.

The jail is still denying Eric vegan food. After enduring a two-week hunger strike in March 2006, Eric was finally given vegan meals on April 24, 2006. This lasted for 15 full months. Then, without any warning or reasonable explanation, the jail cut off Eric’s vegan meals one week before his trial began. Since that time, he has been surviving off the few options he can purchase from commissary (peanut butter, beans, chips…) and the little food he can pull off of the meal trays they bring him (usually bread and fruit – sometimes oatmeal in the morning). Clearly, this is not enough to constitute a healthy, balanced diet. It is the jail’s responsibility to provide Eric with the food he needs to remain healthy and strong. This is obviously something they are completely able to do, as they did so for 15 months with no problems.

Eric has been contemplating what courses of action are open to him in this matter, but unfortunately, his options have become even more limited. The suit that Eric filed against the jail to secure vegan meals was dismissed by the judge, greatly diminishing any hope he had for redress in the courts. A hunger strike could be extremely risky due to the bout of pericarditis for which he was taken to the hospital in April. It is unclear whether his heart could handle the strain a hunger strike would put on his body – he could quickly end up back in the hospital, potentially with a VERY serious heart condition.

Because Eric’s options are so limited, in the jail and in the courts, he needs support from the outside more than ever. This seems to be the only hope for change. In the meantime, Eric continues to lose weight, and his health will soon begin deteriorating. Please call the jail immediately and request that Eric be given vegan meals…again. When you call, be prepared to sit through a lot of ringing and possibly transfers. The person who made the decision to cut off Eric’s food before trial is Lt. Ilg, and the person who oversees him is Scott Jones. Feel free to request to speak to either of these people when calling the jail.

It’s always helpful to have Eric’s x-reference number handy when calling the jail, in case the person you are speaking with asks for it. Eric’s x-ref is: x-2972521. You can call the jail at :

916-874-6752
916-874-6905

Below are some things you might suggest while talking to the jail:

1)The jail fed Eric vegan food for 15 months with no problems. There is no reason they cannot continue to do so.

2)The jail is responsible for providing Eric with a healthy diet. Eric has made it clear that he will not eat food that is not vegan. As such, they will be responsible for any health problems that Eric suffers due to his lack of nutrition.

3)The jail cannot claim they are unable to provide Eric with vegan food due to associated costs. This is simply false. The jail is paid thousands of dollars by the feds to house federal inmates (such as Eric). They are profiting from Eric's incarceration (and let's face it, vegan food is simply cheaper to begin with...)

In an affidavit filed with the court in March 2006, Eric wrote, “…my vegan beliefs and morality are animated by the way of living which shows a respect for all life, recognizing the rights of living creatures; extending to them the compassion and kindness exemplified toward people. It is a truly ethical relationship between humans and other living creatures. My vegan lifestyle is based upon my own health and my own ethical and moral underpinnings which I have arrived at conscientiously and I am firmly convinced it is the right and appropriate way to live. It is healthier for me and the planet I live on. It is as sincerely held to me as others hold their own religious beliefs.” Throughout his time in the Sacramento County Main Jail, Eric has maintained his integrity and resolve to live his life in the most ethical and compassionate way possible. Let's do our part to support him and ensure that he does not suffer for doing so. Please call the jail and request that Eric be given vegan meals immediately. And then call again, and again, and again – until this simple demand is met.

Lastly, thanks to an outpouring of support, Eric is currently very well off on books. At this point, he's asking that people please hold off on sending any additional books until he's able to get through the ones he currently has. We will post an update as soon as he's able to receive more. As far as financial contributions, the best way to contribute to Eric is to donate to his legal defense; we are preparing to file an appeal and need to raise funds as quickly as possible. We are currently able to cover Eric's commissary needs. Thank you again for keeping Eric in your thoughts and doing so much to help him through this very difficult time.

Update 10/04/07

**T-shirts available!

Dear friends,

First we would like to express our heartfelt thanks to everyone who has sent us messages of support since the verdict was issued last week. We have not been able to respond to all of you, but please know that we read them all and have been very moved by the outpouring of support, and we always pass your words of encouragement on to Eric. This has been a difficult time for us, but we’ve been wanting very much to communicate with you our thoughts and feelings about the trial, the verdict, and what happens next. We’ll do our best in the lines below…

Trial and Lies

Eric’s trial was fraught with lies, slander, and calculated statements to hurt Eric and the people he loves. This should serve as a sad reminder to us all that we should never believe statements made in the media or by the government unless we know through our own experience their truthfulness. Perhaps the most egregious lies told about Eric were that he threatened to kill Anna if she was a cop and that she woke one night to find Eric waving a knife over her. Both of these statements were made without any supporting evidence – only the testimony of an admitted liar who was paid thousands of dollars to entrap Eric and send him to prison. The first statement was allegedly made by Eric in a car ride – there are no recordings of it. The second incident allegedly happened in a cabin that was completely wired with audio and video recording devices. Despite Mark’s repeated attempts to secure some recorded evidence of this incident, the government was never able to produce it. There were no written reports from the FBI or Anna anywhere in the thousands of pages of discovery that the government handed over. Anna testified that she fell right back to sleep after this occurred – clearly not what any of us would do if someone had been waving a knife over our sleeping bodies. Additionally, Lauren testified Eric would have had to climb over her to get out of bed, and that never happened. This is merely an example of the great lengths to which the government went to demonize Eric since his arrest.

The list of lies told about Eric during trial is far too extensive to detail here. If you are interested in knowing more, we suggest that you read through the trial reports which are posted here. Often the lies told seemed meaningless and inconsequential, unless taken in a larger context. For example, at one point Zachary Jenson testified that Eric had a cell phone. This is unequivocally false – in fact, Judge England denied Eric bail, using the fact that he did NOT have a cell phone as an argument to claim Eric did not have strong family ties. Taken in the context of trial as a whole, the lies told about Eric were overwhelming and outrageous.

The Verdict

The verdict was issued on Thursday, September 27 around 3:30 pm. The jury had been deliberating for two days, and seemed to be asking questions that pointed to a positive outcome for Eric. One of those questions, and the Judge's subsequent answer, radically altered the outcome of Eric's trial. Before deliberating the jurors received the following instructions on entrapment:

The government has the burden of proving beyond a reasonable doubt that the defendant was not entrapped. The government must prove the following:

1. the defendant was predisposed to commit the crime before being contacted by government agents, or

2. the defendant was not induced by the government agents to commit the crime.

Where a person, independent of and before government contact, is predisposed to commit the crime, it is not entrapment if government agents merely provide an opportunity to commit the crime.

After deliberating for a while the Jury asked Judge England when was the “first contact” between Anna (the government agent) and Eric (the defendant). The Jury asked this so they could find the relevant time period for determining whether or not Eric was predisposed to commit the crime. Before replying, Judge England heard arguments from the government and the defense about how he should respond to the Jury. The government argued that “first contact” was June of 2005 when they allege the conspiracy began. Mark argued that “first contact” was in August of 2004 when Eric first had contact with Anna while she was working as a confidential informant investigating the crimethinc convergence in Des Moines for the FBI. The Judge sided with the government, but stated that he could not instruct the jury on a specific date because that was a determination of fact that the Jury was supposed to make. Judge England gave the Jury the instruction that “first contact is the first time that the defendant and the informant discuss the crime that the defendant is on trial for.” This instruction blatantly contradicts established caselaw which says:

“Quite obviously, by the time a defendant actually commits the crime, he will have become disposed to do so. However, the relevant time frame for assesing a defendant's disposition comes before he has any contact with government agents, which is doubtless why it is called predisposition.” (US vs. Poehlman)

Though this issue of timing may seem like a legal technicality, it is in fact hugely significant. When Anna met Eric in August of 2004 she sent a report to the FBI saying that he was not a person of interest, meaning in her eyes he was not predisposed at the time. It was only later, in the summer of 2005, that she suggests he was predisposed to commit the crime. This is the point from which the government wanted the Jury to look at Eric's predispostion - after he had been under the influence of Anna, and the FBI by proxy, for almost a year.

After the jury issued their verdict, Mark conducted informal jury interviews and it became clear how pivotal these instructions were in the jury’s decision to convict. All twelve jurors told Mark they would have acquitted Eric if they had been instructed that “first contact” meant August of 2004, when Eric and Anna first met. The jurors told Mark very openly and clearly that there was a lot of crying in the jury room because they did not want to convict Eric, but that they felt totally obligated to do so once they were instructed that the only relevant time period for evidence was after Eric agreed to the conspiracy with Anna. When Mark told them what his view of the law was, they all agreed they would have acquitted in an hour after the deliberations had begun on Tuesday. One of the jurors was so emotional she could not stay and talk, but when leaving, went right up to the TV News 10 cameraman and gave an on air live interview (which was shown repeatedly on tv) where she stated that the FBI should be embarrassed of themselves for what they did in this case, that they should be ashamed, but they had found that Eric was predisposed based upon the law they received. The majority of the jurors said that they thought Anna was a liar and they didn’t believe anything she said unless it was on tape. They were disgusted and appalled at the FBI, and told them so to their faces.

While all of this is validating for Eric and his case, it’s maddening to know how close Eric came to being acquitted. It was clear during the reading of the verdict that a number of the jurors were unsettled by the decision they made and a couple of them started crying.

Another instruction that could have had a significant impact on Eric's case, which Judge England denied, was the jury instruction regarding a lesser-included offense. This would have allowed the jury to find Eric guilty of the same charge to which Lauren and Zach pled guilty, which carries a maximum sentence of 5 years, instead of the 20 that Eric is now facing.

Sentencing

Eric’s sentencing has been set for 9 am on December 6 at 501 I Street, 15th floor, Courtroom 3. The same judge who presided over Eric’s trial will also be sentencing him. The charge he has been convicted of carries a sentence of 5-20 years, and the US Attorney has indicated in the press that the government will be seeking the maximum 20 years. From the beginning, the government has also indicated that they will pursue the Terrorism Enhancement. We are asking for everyone who can to please come to court on this day to offer Eric your support, as this will be a very difficult day for him.

What Next

Eric will be appealing his conviction in this case. Based on our conversations with Mark and other lawyers, it appears he has a very good chance for success on appeal. Unfortunately, the process of appeals will take at least a year, and Eric will be sent to a federal prison facility during that time. Please see below for ways you can help.

How You Can Help

Fundraising: The struggle for Eric’s freedom is far from over. But to appeal his conviction will not be cheap – we need everyone’s help with fundraising, as soon as possible. We cannot stress this point enough. Please start planning now for your next event to support Eric. Stay tuned for updates about how much money we will need and how you can contribute. And remember, you can always donate money online via Paypal here:

Letters: Please continue sending Eric letters of support. You can get information on how to write Eric here.

Vegan Meals: Eric is still not receiving vegan food from the jail. He has been purchasing what little vegan food he can get from commissary, which allows him a minimal amount of nutrition to supplement the bread and fruit he can pull from his meal trays. But this is not sufficient for Eric to remain healthy. Please continue to call the jail until they resume giving Eric food he can eat. The jail fed Eric vegan meals for 15 months – there is absolutely no reason they cannot continue. You can call them at: 916-874-6752 or 916-874-6905 . Please have Eric’s x-reference number ready, in case they ask for it (x-ref 2972521), and be prepared to wait through lengthy holds and a lot of ringing. And remember, this is one of THE most important things we can do for Eric right now.

Eric’s Birthday

Eric’s birthday is this Sunday, October 7. Please send him a card, a letter, a poem, a beautiful picture – anything to help brighten his day.

Update 9/12/07
Yesterday we learned that Eric has finally been given commissary again!
This is the first step towards a stable vegan diet for Eric.

Please continue to call the jail and request that Eric be given vegan meals. We have been told that Lt. Ilg is responsible for the decision to deny Eric food. You may want to request to speak to him when you call.

916-874-6752
916-874-6905

Please make sure that you have Eric's x-reference number handy in case they ask for it: x-2972521

Update 9/10/07
We learned this afternoon that the Sacramento County Jail has now cut off Eric's commissary.
When they brought the inmates their weekly orders today, Eric's order was not delivered to him. He checked the lists to see if he had any money in his account, and his name was not even on the list. Since the jail stopped bringing Eric vegan meals, commissary was his only opportunity, however limited, to get a few more dietary essentials than what he pulls off his trays. Now the only food Eric will be receiving is the bread and fruit that he can pull from the trays they bring him. This blatant attack on Eric's health on the eve of his trial is an outrageous attempt to put his right to due process in jeopardy. Please act now - call the jail and demand that they begin feeding him vegan meals - again.

Jail: 916.874.6752
Please make sure that you have Eric's x-reference number handy in case they ask for it: x-2972521

And trial starts tomorrow. . . Please keep Eric in your hearts and minds as he begins this leg of his journey.

 

Please click here to read older support updates.

Update 9/5/07
Hello everyone,

Please read on for the latest on Eric and his upcoming trial...

Eric denied vegan food....again
Eric is still being denied a healthy diet. As of Friday night, the jail stopped bringing Eric breakfast and dinner trays that he could eat. The only vegan food the jail was bringing Eric was a bagged lunch with a peanut butter sandwich and fruit. Now, they have stopped providing him ANY vegan meals - not even the bagged lunch. This means that the only food available to Eric is what he is able to order from commissary and the food on his trays that happens to be vegan (usually a little fruit and bread each day). Obviously, this is not enough to meet his body's needs. No one can be healthy on just bread and fruit, there are few vegan options from the commissary, and he only has access to commissary once a week. Eric has exhausted all official channels for having his meals restored. It is difficult to believe the timing of this dramatic and abrupt change in his diet is merely a coincidence. With less than a week to trial, Eric is now struggling to take care of his physical health as well as maintaining his emotional and mental health. With all of Eric's options for redress being exhausted, we need your help! Please call the Sacramento County Jail and request that they provide Eric with complete vegan meals immediately. The have been giving him vegan food for the last 15 months and they can do it again. Please call the jail at: 916.874.6752

Fundraising
The last of the matching funds have been met! This means that we have surpassed our goal of $15,000. Our biggest thanks to all of you who helped make this possible. All of the money raised will go directly to Eric's legal defense. We still do not have a final figure from Eric's lawyer about how much money we will actually need to get all the way through trial - the $15,000 was an estimate that he gave us many months ago. While we hope this will be enough to pay for all of the legal fees, we won't be certain for another couple of weeks. Please stay tuned and be ready - we might need your help again in the future!


In Limine Hearing
On Friday, Eric will have his final hearing before trial begins on Monday. This hearing is very important, as the government has filed two motions that seek to deny Eric the ability to choose his own defense strategy. The first motion is a motion to preclude the use of the entrapment defense. The second motion is to preclude the defense from "raising previously decided legal issues" - which would include all of the issues raised in virtually all of the pre-trial defense motions that Eric's lawyer filed in December/January. We are working on posting the government's In Limine motions on Eric's website.


Trial in less than a week!
Eric's trial begins on Monday, September 10. The first day will be jury selection, with opening arguments probably beginning on September 11. We have been told that court will only be in session Monday, Tuesday, and Wednesday of each week. This means that we will (probably) be in court September 10, 11, 12, 17, 18, 19, etc. Originally the government was speculating that trial would last 10-14 days - now they are only projecting 6. This means that we could possibly be done with closing arguments after the second week, although that seems somewhat unlikely. It seems more likely that trial will run into the third week - September 24, 25, and 26. However, nothing is certain. For those of you who are planning on attending trial, please keep in mind that Eric's preference is for people to be there, if possible, at the end of trial. We realize this is complicated by the fact that we don't actually know WHEN that might be... We'll keep everyone updated as trial progresses and we should have a better sense of the timeline as things move along. And please remember, if you are planning on attending trial make sure that you are dressed appropriately for court.

List Volume
Thanks to all of you who have stuck with us for the almost 20 months of this ordeal. Up until now, the volume on this list has been very low, but as trial approaches we will continue sending out more frequent updates. Once trial arrives we will be trying to send updates every day about the court proceedings. If this is NOT something you are interested in, pleaselet us know before Monday so we can remove you from the list. If you know others who ARE interested in receiving this information, but are not on the list, please have them email us and we will add them. We will also be posting our updates on various Indymedia sites, as well as on Eric's website.

After almost 20 months in Total Separation, Eric is very ready for his trial to get started. His strong heart and good spirits have constantly amazed us - he often seems to handle things better than those of us who are not locked behind steel doors and concrete walls. And while he is aware that this will not be an easy fight, he remains steadfast and secure in his decision to move forward with integrity and to fight these outrageous charges against him. Thank you all for standing with him, for supporting him, for sharing your love, your joy, and your outrage at injustices suffered.

Yours,
SPS

Update 8/30/07
Dear friends and supporters,

Eric's trial is less than two weeks away and we want to make sure you are up to date on everything that is happening.

On Thursday, August 23, Eric had his trial confirmation hearing. Trial is on for September 10, but the first day will just be jury selection. Opening arguments will start either the 11th or 12th. They are telling us that trial will probably last three weeks, but we'll probably only be in court Mondays, Tuesdays, and Wednesdays. We MIGHT be in court on some Thursdays and Fridays, but probably not. It originally looked like we would not be in court at all the week of September 17, but now it looks like we WILL be in court that week. Please keep these dates in mind if you are planning on attending any of the trial. Again, please let us know if you are planning on being here for trial, and make sure you come dressed appropriately for court. We'll keep you posted as more information becomes available.

After a quick surge of incoming funds, we were able to meet the newest matching funds in less than 24 hours! Thanks to everyone who helped make that happen. However, things seem to have leveled off again and we now have less than two weeks to raise the remaining $1300 to meet our goal of $15,000. This is necessary to ensure that all of Eric's legal fees are paid. Please visit the fundraising page and donate today. Time is running short!

Also, if you are considering coming to trial in September and you need a place to stay, we need to know when you will be here ASAP so we can begin making arrangements.

Finally, please keep writing Eric! Your words of support and encouragement are needed now more than ever. Visit the "How You Can Help" page for Eric's address and the jail's guidelines for writing prisoners.

Thanks to all of you. Your support and love has been invaluable over these last 19 1/2 months.

Yours,
Eric's Support Team

Update 8/23/07
Eric had his trial confirmation hearing this morning and we wanted to pass on what we learned to all of you. Trial is on for September 10, but the first day will just be jury selection. Opening arguments will start either the 11th or 12th. They are telling us that trial will probably last three weeks, but we'll probably only be in court Mondays, Tuesdays, and Wednesdays. We MIGHT be in court on some Thursdays and Fridays, but probably not. Also, Judge England will be out of town the entire week of the 17th, so we will not be in court at all that week. Essentially what this means is that trial will probably run into the first week of October. Please keep this these dates in mind if you are planning on attending any of the trial. Again, please let us know if you are planning on being here for trial, and make sure you come dressed appropriately for court. We'll keep you posted as more information becomes available.

Update 8/21/07
Thanks to an amazing, quick response to our alert yesterday, we have already raised the $500 to meet the matching funds! Let's keep up the momentum. We are currently at approximately $13,000, which means we only have $2000 more to go. Please keep the donations coming!

Update 8/20/07
Dear friends and supporters,

Time is running short. After spending more than 19 months in jail without having been convicted of any crime, Eric's trial is now less than a month away, and we still have much work to do. Please read on to find out how you can help...

Fundraising
We are still in dire need of funds to pay for Eric's legal defense. As we creep towards our original goal of $15,000, we need everyone's financial support if we're going to make it before trial begins on September 10. We are currently at $12,149, which means we still have to raise $2,851. Thanks to everyone who took advantage of the matching funds - the $500 mark was reached today, which means those funds have been completely matched! But fear not, we just learned that $500 MORE in matching funds will be donated. That means now is the time for everyone to step up and do whatever they can to contribute. IF the most recent matching funds get donated, THEN we could reach our goal if everyone receiving this email
donated just $20. Please don't hesitate on this one - it is urgent that Eric get all of his legal fees paid before trial to ensure that he gets the best possible representation. Time is of the essence here! And our hugest, most heartfelt thanks to everyone who has donated matching funds. We couldn't have done this without you!

September in Sacramento
Trial is quickly approaching, and a few people have started asking about housing during Eric's trial. We would love for the courtroom to be full of Eric's supporters during his trial and are committed to doing everything possible to make that happen. To that end, we are asking for folks in the Sacramento area to consider housing out-of-towners during the trial. If you live in the area and think this might be something you could do, please contact us ASAP and we can hammer out the details. While we realize this is a fairly large ask to make of people, it is also THE most important thing we can do for Eric during trial. And if you are out-of-town and are considering coming to trial but need a place to stay, please let us know ASAP so we can start making plans. Please keep in mind when making plans that Eric's trial is slated to last at least 2 1/2 weeks, and could possibly run as long as 3 weeks. While it would be great to have people there throughout trial, obviously the most important time for Eric will be the last few days, as the jury begins deliberations and comes to a verdict. If you have time limitations (we realize most people can't commit to 3 weeks!), please consider trying to be here for the latter part of trial.

Trial Confirmation Hearing, August 23
Eric has a Trial Confirmation Hearing this Thursday, August 23rd at 9 am. As the name implies, the hearing is mostly a check-in to confirm that trial is indeed happening, as scheduled, on September 10, and that everything is on track for the process leading up to trial. The hearing will be very brief, and we don't expect any surprises. If something unexpected happens we'll let you know!

Please stay tuned for updates as trial approaches. And keep those letters coming to Eric! Your continued support is felt and needed now more than ever.

Yours,
Eric's Support Crew

Update 7/19/07
A visualization from Eric:
the locomotive has made it's way and passed over the summit. now, it's momentum is kinetic as it crosses the valley below... throughout the journey, this train has been guided by rails woven of the love and support of family both large and small... not too far off in the distance, is the place where the mountains gave passage to the river on it's way to the sea; this is the convergence point to which the rails lead. a sphere of crystalline light is tucked into those folds of green; therein, the image of the judge is reading off a piece of paper = the
verdict of not-guilty........

Update 6/28/07
Thanks to everyone who took advantage of the matching funds! We have already reached the $600 mark, which means that matching funds are no longer available. However, please do not let that keep you from donating! We still have quite a way to go before we reach our goal of $15,000, which is the minimum we need to cover Eric's current remaining legal expenses.

And please remember that these next few months will be particularly difficult for Eric as his trial date approaches. You all play an important role in Eric's struggle as his connection with the outside world. Please keep him in your thoughts - send letters, pictures, poetry. Send anything to remind him that people out here are thinking about him and supporting him. It makes a huge difference to him and helps keep him sane in an insane situation.

Lastly, for any of you New Yorkers out there, Christian Parenti will be speaking at a fundraiser for Eric on July 5. Please check here for more details!

Update 6/24/07
Poem by Eric McDavid

Click here to read text file version

Update 6/19/07
Things here seemed as if they were slowly coming to a head. After almost a year and a half, Eric finally had a trial date set for early July. It's easy to write that sentence, but when we think about the meaning of it, and the struggle and pain that has colored the days during that time, it's completely overwhelming. Then we found out that the trial was going to be pushed back, yet again, to late August. Then this week it was pushed back yet again, to September 10. This was devastating news, as it means Eric will have to suffer through two more months of solitary confinement at Sacramento County Main Jail. This, after a year and a half of waiting...

A year and a half of Eric suffering through health problems and poor nutrition with no proper medical care and a complete lack of care and concern from the people responsible for his well-being. A year and a half of total separation - a category of custody at the jail that means Eric has been confined to his cell almost 24 hours a day, seven days a week, with no contact with the outside world - not even other prisoners. He rarely even gets to step foot outside, and when he does it's on the 4th floor of a building, with nothing but concrete under his feet. A year and a half of threats about Eric spending 20 years in jail.

And then we think about Eric and his courage and strength and we're completely amazed. He has remained true to his principles - compassion and love and integrity - in the most dire of situations. A grueling two week hunger strike to gain access to vegan food. His stories about his interactions (very limited) with the other prisoners - sharing books and stories and helping each other in the small ways that must seem so huge in that cold, dead place. The letters he writes - which are somehow still full of joy and beauty and compassion. He has chosen life.

With only a few months left until trial, we still have to raise $6000 for Eric's legal defense. His family has been paying his legal fees, but finally had to ask for help. We couldn't let the government continue imposing this huge financial drain on Eric's family, and so have been trying to fundraise the remaining $15,000 for them.

We're right at $9000, but with only a few months left, we are in dire need of everyone's help and support. The response from around the world has been truly amazing and inspiring. People from across the globe have been writing Eric, sending him books, and donating money. But this final push is proving to be quite difficult.

PLEASE, send whatever you can. We need to ensure that Eric gets the best representation possible, and unfortunately we can't do that without money. If you don't have time to organize a fundraiser (vegan bbq? art auction? bake sale? movie screening? show?), just send whatever you can. Every penny helps.

Please keep in mind - this is about our civil rights being snatched from us. This is about government surveillance and cointelpro and the targeting of political dissidents. (If you haven't read the criminal complaint against Eric, we urge to you do so. It's very...insightful and available here.) And this is about Eric - a beautiful, amazing, inspiring individual. Eric is a non-cooperating defendant, which means he has chosen the difficult path. He knew this would not be easy - very few people take their cases all the way to trial. But Eric felt that this was the only principled decision - to fight these outrageous charges against him and the government repression from which they stem.

You can make checks out to "Sacramento Defense Fund" and send them to:

SPS
PO Box 163126
Sacramento, CA 95816

or you can donate here directly through paypal:

We know some of you have already donated, and for that we are forever grateful. The outpouring of support from everyone has been amazing and inspiring, and has helped all of us through the last year and a half.

Please keep Eric in your thoughts these next few months. And please these pages for updates.

Matching Funds
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Thanks to some amazing supporters in New York, any donations sent in right now (up to $600) will be matched. This means that you can double the impact of every dollar you donate to Eric's legal defense. Please take advantage of this fantastic opportunity. And our most sincere thanks to our friends in New York!

Trial set for September
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After a month of gearing up for a July trial date, we recently found out that trial will be moved back to September 10. This was very difficult emotionally for everyone, but now we have to refocus on the new dates. If any of you are going to be in the area in September, please consider coming to the trial. We're trying to get the courtroom packed with supporters for Eric. The court has slated two and half weeks for trial. If you are planning on coming, please make sure you come dressed appropriately for court. If you have any questions, please let us know.


Eric says...
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Eric has been receiving your letters and sends everyone his love. Please keep them coming! However, he wanted us to let you know that the next few months are going to be a bit crazy for him and he more than likely will be unable to respond to everyone's mail. Please don't let this discourage you. He loves getting mail and needs to hear from you - just don't take it personally if you don't hear back from him.

Update 6/11/07

Due to Eric's approaching trial date, he has asked us to tell everyone that he might not be able to respond to letters in a timely fashion, if at all. Please do not let this dissuade you from writing! Eric needs to hear from you now more than ever to help keep his spirits high in these very stressful, emotional times. Please just know that Eric IS receiving your mail and don't take it personally if you don't hear back from him. And keep those letters coming! We should have more updates to post in the coming week, so please stay tuned...

Update 4/25/07

On Monday, April 23, Eric finally had his hearing on the remaining defense motions. There were 21 motions heard on a variety of issues, including a number on 1st and 4th Amendment violations (to read some of the motions Eric's lawyer filed, please click here).

Judge England made it through all 21 motions in less than 2 hours, systematically denying each and every one of them. He seemed to be very familiar with the governments arguments and agree with them.

On February 27, Magistrate Judge Mueller heard Eric's discovery motions. Her order was issued on March 26 - denying all but 2 of the discovery motions. The motion to release Eric's co-defendant's presentencing reports was granted in part, as well as the motion to release proffers and communications between Eric's co-defendants and the government.

While this is all terribly disappointing, we need to regroup and gather our energy for trial! The date is still set for July 2, and we have a lot of work to do before then. Eric's legal team will be hard at work preparing for trial, and we need to make sure they can continue to do their job effectively. Please keep fundraising! For more information on how to help, please click here

Update 4/18/07

At the hospital on Monday, Eric underwent a series of tests to try and determine what might be the cause of the pericarditis. Unfortunately, the doctors decided that they would be unable to determine the cause without doing bloodwork - which they could not do in the emergency room. Eric was