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Sabino Canyon Trial - Update 4 Friday Afternoon
by Arizona Indymedia
Saturday, Dec. 10, 2005 at 11:16 AM
The prosecution called three FBI agents to testify about the arrests of Rod Coronado and John Richardson in Sabino Canyon on March 24, 2004 and the arrest of Matt Crozier in Prescott, Arizona on December 7, 2004. Susan Kozacek, Deputy Forest Supervisor for the Coronado National Forest who signed the forest closure that ended up being invalid, testified about her role during the mountain lion hunt. Approximately one hour of Richardson’s personal audio tapes were played to the jury.
FBI special agent William Chontos was brought to the stand first to testify. Chontos, an investigator and member of the evidence recovery team, was called in on March 24 to document the scene of the incident in Sabino Canyon. He said that he was instructed where and what to take photos of. He documented Coronado and Richardson, the items in their backpacks, all the snares and seismic sensors, and other elements of the investigation.
The prosecution then called FBI special agent Brian Nowak to the stand. Nowak said he was called to Sabino Canyon early afternoon by US Forest Service Law Enforcement because individuals had been seen inside the recreation area. Nowak said he was involved in the arrest of John Richardson who was “hiding” under brush. Nowak said that he did not take any notes from his activities that day, but under cross examination, defense lawyer Sean Bruner handed Nowak four pages of notes, two which Nowak identified as his handwriting. Defense attorneys requested that Nowak be kept available for additional questions later in the case.
Suan Kozacek, Deputy Forest Supervisor for the Coronado National Forest, was called to testify about the role she played during the mountain lion hunt. She said that her job is to act as the Forest Supervisor in her absence. She said that she signed the document on March 9, 2004, closing the section of the forest that included Sabino Canyon. Jeanine Derby, Forest Supervisor, had been out of town in Safford, Arizona the day the forest was closed. Kozack claimed that she believed the forest was closed on March 24 when Coronado and Richardson were arrested. It was ruled September 22, 2005 that Kozacek did not have the authority to close the forest, which as a result, changed some of the charges against the two activists.
The third FBI special agent called to the stand was Doak Mahlic. Mahlic testified that he was called to Sabino Canyon March 24 after individuals were sighted in the canyon. He explained that he was involved in Coronado’s arrest in the canyon. Mahlic was also questioned on the investigation and arrest of Crozier later that year in Prescott. The prosecution questioned Mahlic about Richardson’s notes he documented with a voice recorder.
After heated arguments Thursday afternoon on the nature of Richardson being named a “co-conspirator” in the incident (See trial update 2 and 3), approximately one hour of audio was played to the jury. Richardson’s recording, which the prosecution made it clear to Mahlic to not call them “audio notes,” but rather “Richardson’s recordings.” The verbal recordings were taken from before and on March 24 when he was arrested. The tapes included a Center for Biological Diversity and Arizona Game and Fish Department press conference, in addition to notes he made to himself regarding planning and activity of Earth First! outside and inside the canyon. The recording was a clear documentation of a journalist attempting to take notes that not only described the actions and sentiment of involved Earth First! members, but also to capture details of clothing, the scenery, smells, temperature, and other characteristics that would help him reconstruct the atmosphere in the story he was planning to write. A couple times, Richardson documented the ethical debate he was having about his role as an undercover journalist. At one point he questioned, “What would I do if I saw a snare? Would I point it out to them?” When he and the Earth First! members were in the canyon the morning of March 24 and were discussing if they had been spotted, he noted, how he could “just walk right out of here [the canyon].”
After the tapes were played, the prosecution asked Mahlic if he knew what was meant by the discussions on the Richardson’s recording that referred to “making tapes.” Mahlic answered that Earth First! members were discussing editing clips of their video to send to the local media.
The trial will reconvene Monday morning at 9:30, go until about noon, then continue at 1pm until about 5pm. All evidence and testimony is scheduled to be finished by noon, and closing arguments will go from 1-4:30pm with time at the end for jury instruction. The case is set to be finished Tuesday, pending the length of the jury’s deliberation.
Supporters are welcome in the courtroom (courtroom 6B, federal courthouse, at the corner of Congress and Granada) at any time. Remember to bring a photo ID and be prepared to go through a security check. Remember that any behavior of the audience may reflect on the defendants in the jury’s mind.
To read entire story and all updates from earlier in the week, go to the the Arizona Indymedia main page and scroll down to the feature in the center column.