law, for activity like chalking defamatory slogans, creating fliers,
protesting while wearing masks, and attending a protest where an
alleged attempt at forced entry took place. I was hoping that the
criminal complaint would reveal something, anything, to justify such
serious terrorism charges.
Here are a few highlights:
- Video surveillance used to track activist leafleting.
Fliers were left at Café Pergolesi in Santa Cruz that listed the names,
addresses, and phone numbers of animal researchers. It included
rhetoric like animal abusers everywhere beware we know where you live
we know where you work we will never back down until you end your
abuse. That kind of heated rhetoric has been used in the leaflets,
posters, and chants of not just the animal rights movement, but every
other social justice movement. Its not pleasant, but it is protected
First Amendment activity. FBI agent Shaffer says video surveillance was
used to identify two activists who left the leaflets in the coffee
- Internet records used to track activists researching public information.
FBI agent Shaffer says two of the defendants used a public internet
terminal to download and access the personal information for
researchers at the University of California Santa Cruz. The public
information appeared on a flier titled Murderers and torturers alive
& well in Santa Cruz July 2008 edition. The government obtained
internet records from the university, tracked them to a Kinkos, and
then used video footage and business records from Kinkos to identify
activists using the internet for this information.
- DNA testing used to match activists with bandanas allegedly worn at a protest.
Agent Shaffer says based on DNA comparisons, laboratory analysis
confirmed that KHAJAVIs DNA was on at least one bandana, and that a
combination of POPEs and STUMPOs DNA was on another recovered
bandana. Whats striking is that the government says it doesnt have
the money to help states use DNA testing in death penalty casesand exonerate innocent people on death rowbut there is money for DNA testing of activists bandanas.