[Ppnews] Misconduct alleged in firebombing case

[Political Prisoner News]

http://seattlepi.nwsource.com/local/345185_elf28.html

Seattle Post-Intelligencer
December 27, 2007

Misconduct alleged in firebombing case
Attorney of suspect in UW arson says prosecutors, FBI committed perjury
By Paul Shukovsky

An attorney for a woman facing trial for allegedly participating in 
the 2001 firebombing of the Center for Urban Horticulture at the 
University of Washington has accused the government of "egregious 
prosecutorial misconduct."

Briana Waters, 32, of Berkeley, Calif., is one of five people 
allegedly linked to the Earth Liberation Front to be charged with 
setting the facility ablaze in what they thought would be a blow 
against genetic engineering of plants. The fire destroyed years of 
botanical research. The UW spent $7 million to rebuild the facility.

In a court filing Wednesday asking for a conference with the judge, 
attorney Robert Bloom asserts that two federal prosecutors and two 
FBI agents, all based in Seattle, committed perjury and obstruction of justice.

Bloom charges that they suppressed evidence of his client's innocence 
and prepared false FBI summaries of a witness interview incriminating Waters.

In September, U.S. District Judge Franklin Burgess of Tacoma denied a 
defense motion seeking an investigation into the alleged misconduct 
and dismissal of the charges.

In his ruling, Burgess called Bloom's allegations "speculation" and 
said prosecutorial misconduct "cannot rationally be concluded from 
the so-called discrepancies pointed to" by the defense.

Bloom insists that a report detailing a December 2005 FBI interview 
with admitted firebomber Jennifer Kolar was doctored to hide the fact 
that Kolar did not name Waters during the interview.

Bloom said his Wednesday motion seeking a hearing provides Burgess 
with information that was not before the judge in September.

"We fully anticipate that the motion will be rejected," First 
Assistant U.S. Attorney Mark Bartlett said Thursday.

The other prosecutor on the case, Assistant U.S. Attorney Andrew 
Friedman, had no comment. Neither did an FBI spokesman responding for 
Special Agents Ted Halla and Anthony Torres.

The Waters case is scheduled for trial Feb. 4. She faces a mandatory 
minimum sentence of 35 years if convicted.

Kolar, of Seattle, and Lacey Phillabaum of Spokane have pleaded 
guilty to arson, conspiracy and use of a destructive device during a 
crime of violence.

Another suspect, Justin Solondz, most recently of Jefferson County, 
is a fugitive. William Rogers was arrested in connection with the 
arson and committed suicide in his jail cell.

P-I reporter Paul Shukovsky can be reached at 206-448-8072 or 
paulshukovsky at seattlepi.com.





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