Tree-Sitter Preliminary Hearing

Remedy

Remedy

Location
Humboldt County
Eureka Times-Standard

Video footage dominates second day of tree-sit preliminary hearing
By Chris Durant The Times-Standard

Friday, April 22, 2005 -

EUREKA -- Video footage of a man accused of felony assault being stamped on the chest by a tree climber took center stage during the second day of a preliminary hearing in Superior Court Thursday.

Ramsey Noah Gifford has been charged by the Humboldt County District Attorney's Office for the alleged April 2003 assault which occurred at the top of a tree on Greenwood Heights Road.

Eric Schatz, a tree climber contracted with Pacific Lumber Co., was the only witness Thursday. The assault allegation stems from Schatz claiming Gifford attempted to tamper with his climbing gear while the two wrestled 200 feet above the ground.

Schatz was extracting an activist who had locked himself near a platform in the tree when Gifford climbed up the tree, without any safety equipment.

The first video shown Thursday depicted an unidentified person jumping from one tree to another. The video footage was jumpy and sporadic.

One of Gifford's attorneys, Michael Acosta, asked Schatz if he could recognize the person on the tape.

"I wouldn't have a clue who that is," Schatz said. "Not from that. I couldn't tell."

The next video, taken from the vantage point of a nearby tree, was more clear.

The footage showed a man identified by Schatz as one of his climbers, Michael Oxman, stepping on Gifford's chest and then kneeling on his chest while he and Schatz tried to subdue Gifford. At one point the video showed both of Oxman's feet on Gifford.

"What was the purpose of stepping with both feet?" Acosta asked.

"I don't think at any time he stepped with both feet," Schatz said.

Schatz told Acosta that "pain compliance" techniques were not part of any tree rescue training he received.

During the initial struggle, Gifford broke free and tried to escape the platform through a hole. Schatz said Gifford told him he was suicidal and believed he was trying to jump out of the tree.

Schatz tied a strap around Gifford's leg, just below the knee, and at times Gifford hung upside down from the tree.

Video footage from Schatz and Oxman's helmet cameras gave a close-up look at their efforts to secure Gifford so they could lower him down to the ground. The footage shows Gifford repeatedly refusing their efforts and resisting any attempt to put ropes or zip ties on him.

Gifford is heard numerous times complaining of how circulation was being cut off to his feet when he was dangling by the strap.

He also accused Oxman of trying to put a rope around his neck. Schatz said Oxman was attempting to put the rope around Gifford's body.

One part of the footage showed Oxman putting his elbow on Gifford's throat while Gifford complained of being choked.

"As long as Mr. Gifford was able to speak, technically he wasn't being choked," Schatz explained to Acosta.

Schatz is heard on the tape telling Oxman, "Don't choke him, give him air."

During a portion of the footage where Oxman was stepping on Gifford's chest, Schatz is heard telling Oxman "you got to get off him" at least five times.

Schatz said he wasn't sure if Oxman just wasn't doing what he was told or if he couldn't hear Schatz.

A few times during the head camera footage, Gifford is seen swiping at some of the climbers' ropes and appears to tinker with Schatz's harness.

Numerous times during the footage Schatz is heard accusing Gifford of trying to knock them off the platform and telling Gifford he was trying to save his life.

When Acosta asked about a gap in footage between when Gifford was first spotted climbing up the tree until the middle of the scuffle, Schatz explained he was more concerned about the situation than the camera work.

"Our first and only priority is to preserve life," Schatz said.

Acosta also asked about the screams of apparent agony heard from Gifford during the footage. Schatz said he believes some of the activists are over-dramatic.

"I can't say it was pain," Schatz said.

"So you think he might have been faking the pain," Acosta said.

The hearing, in front of Superior Court Judge John Feeney, is expected to resume today.

Deputy District Attorney Tim Stoen is prosecuting the case and did not have an opportunity to ask Schatz questions Thursday.

http://www.times-standard.com/Stories/0,1413,127~2896~2830486,00.html#
 
[ QUOTE ]

"Our first and only priority is to preserve life," Schatz said.



[/ QUOTE ]



...Unless, of course, the life is a tree worth lots of money if we kill it. /forum/images/graemlins/confused.gif

love
nick
 
I saw some of the pictures and read a lot about this. What we have here is 2 parties doing what they think is thier duty. Climbers evicting a tree sitter, and a tree sitter holding his ground to try and save a tree. The sitter took it as far as he could and the climbers got their job done. I think it is unfortunate that the climbers are now subject to this litigation. Again it is the tree sitter pushing it to the limit. As far as how they were evicted I have no problem with how uncomfortable the sitter was, he could have left the easy way but he chose otherwise. At that height I would have been more for knocking the guy out and then lowering him down, HIS actions endangered the climbers and he could have ended this peacefully but he thought he had to stick his ground, unfortunaly Oxman had to stomp him a little.

Stupid video cameras!!!

Greg
 
I'm happy to finally read an article that explains the situation as it happened without embellishments.

It makes it hard to support one side or the other when the situation is described differently by each party involved.
Thank goodness for the video tapes.
I know the courts will view the ENTIRE videos, not remade or edited versions that we have seen produced and dispersed in mass by these highly organized protesters.

When I view productions so transparently edited to favor one agenda or another, I tend to mistrust them.

Frans
 
Long portions of the footage were shown without interruption on a large screen in the courtroom, allowing everyone to clearly hear and see what was recorded. The initial contact was not captured by either Schatz or Oxman, but Schatz admitted he grabbed Gifford first.

I'm not sure you will ever find either side agreeing with each other. The courtroom was very divided, with Schatz supporters on one side and Gifford supporters on the other. Both sides reacted to the footage in different ways, some with shock at the treatment of Gifford, while others appeared to enjoy it.
 
[ QUOTE ]
[ QUOTE ]

"Our first and only priority is to preserve life," Schatz said.



[/ QUOTE ]



...Unless, of course, the life is a tree worth lots of money if we kill it. /forum/images/graemlins/confused.gif

love
nick

[/ QUOTE ]


You got that right.
 
Ya'll might want to study Gandi's philosophy of Passive resistance.
Basicly, it means that you resist something by passively putting yourself in the way of what you are resisting in order to send a message. Such as sitting in the front of a bus (remember equal rights for all races?), or locking yourself together to block an office or road or sitting in the top of a tree.
What happened in this case is not passive resistance but confrontation. If what I say is true, then the actions of that protestor were those of a combatant.
When looked at in that light, the protestor was acting in a combative capacity.
I believe he (the protestor) was acting as a combative. And I also believe the extractors handled this combative person very well.
I prophesize the courts will see him (the protestor) as a combative person.
Frans
 
I foresee intensity increasing. On all fronts - from harp seals to Medicare to Constitutional ravaging to stop-loss and the draft. In many ways it's sad that the forces of change are muscle-bound and armed with intent to destroy, with percieved blessings from the scriptures and a government that's clearly industry.

Today certain members of the Senate are appealing to the christian right for support in toppling the three-tiered system of American government. The war on terror is losing, statistics of it are being classified to keep our eyes and minds from the truth.

Sides in these struggles are clearly defined, yet blurred by monied interests. If Oxman see his climbing abilities as mercenary and his need for pay transcends the truth (not industry-propagaded information and fear), more of his kind will step forward to do the dirty work of the shareholders.

I'm finding myself increasingly distancing from mainstream America - the people who believe the Taliban are "jealous" of our prosperity, I find no terror in direct hits to luxury low-milage vehicles or modified-gene strawberry test plots. I understand Oxman has experienced a change of heart, perhaps much like mine when I found the real enemy in Vietnam was the American pacification program and the ARVN troops we trained to torture and create enemies.

It's sad that to know in my lifetime, dissent here will excalate to violence, jails will fill with people struggling to maintain rights now obliterated or threatened. I can handle what comes, and speaking English and having a domestic resident status or several credit cards and rooting for the same ball teams will no longer influence me or many others on who our friends and fellow countrymen are...there is a growing enemy and with no clear outlook on working together to solve a myriad of growing domestic and global problems, there is a growing definement of who will kill who. That is coming my friends, and we all helped it to get there. All of us.

I pray for the day when we see what the true threats are, what reality is, and how little money or lifestyle have to do with humanity. The nation, blessed by profits, is our own enemy, reportedly created by God.
 
Kimbinfool,

Really? Cool!

I saw part of the video once, on someones cable internet.

The sitter was EXTREMELY dramatic. I really did not care for that dude, I felt a great dis-like for him after seeing that video.
 
[ QUOTE ]
Ya'll might want to study Gandi's philosophy of Passive resistance.
Basicly, it means that you resist something by passively putting yourself in the way of what you are resisting in order to send a message. Such as sitting in the front of a bus (remember equal rights for all races?), or locking yourself together to block an office or road or sitting in the top of a tree.

[/ QUOTE ]

Dear Frans,

In my opinion using hardware to secure you to/on a place isnt passive any more. Using gear for safety (like in trees or towers/buildings) is a different thing.
 
Here's my take on the final day of the preliminary trial, followed by the report from the Eureka Times-Standard.

Felony Charge Against Treesitter Reduced

Eureka, CA - Felony charges will not be pressed against treesitter Ramsey Noah Gifford, who has faced bogus charges of assault with a deadly weapon for nearly two years following an April 2003 tree top altercation with Maxxam/Pacific Lumber climbers hired to eject protestors in order to clear-cut old-growth redwood forest.

PL treesit extractor Eric Schatz of Schatz Tree Service, who is the alleged victim of the assault, gave three days of testimony, mostly in answer to heavy questioning by defense attorney Michael Acosta. Attorneys for Gifford played footage of the incident taken with the extractor’s helmet cameras, and asked Schatz to stop the tape at the time Gifford allegedly tried to unhook Schatz from his safety gear. Schatz was unable to pinpoint an assault.

In closing statements, prosecutor Tim Stoen moved to strike the strike aspect of the felony charge, which would have been charged as strike one under California’s barbaric “three strikes law.” The DA’s office was apparently unaware that a felony strike charge has been pending against Gifford for nearly two years. However, Stoen described Giffords actions as “felony conduct through and through,” opposing the defense’s motion to reduce the charge to a misdemeanor.

Attorney Omar Figueroa made closing statements on behalf of Gifford, and contended that his client was the actual victim of an assault by extractor Michael Oxman, who can be seen in the footage standing on Gifford, putting his foot on Giffords chest and neck, and using a forearm to the throat. Schatz described “Ox” as weighing 230 pounds at the time of the incident. Figueroa asked that the DA’s office “investigate the sadistic torture committed by Mr. Oxman."

Judge John Feeney stated that the purpose of the preliminary trial was to establish probably cause. The actions by Gifford did not rise to the level of a felony assault, he said as he granted the motion to reduce the felony to a misdemeanor.

The trial date will be set at a hearing on May 26, 2005 in Eureka.

http://www.contrast.org/treesit/

# # #

Activist held to answer to misdemeanor assault charge

By Chris Durant The Times-Standard
Saturday, April 23, 2005 -

EUREKA -- The man originally charged with felony assault for his role in a struggle 200 feet up in a tree was held to answer to only misdemeanor assault charges in Superior Court on Friday.

The preliminary hearing for Ramsey Noah Gifford ended after three days of testimony.

Superior Court Judge John Feeney determined, after watching hours of video tape taken during the struggle between Gifford, tree climber Eric Schatz and Schatz's employee Michael Oxman, that what happened did not constitute felony assault.
He did say that the struggle was dangerous.

"It's extremely fortunate no one was injured, let alone killed," Feeney said.
Schatz and two of his crew were in the tree on April 10, 2003, to remove another activist who had locked himself to one of the branches. While they were using a grinder to cut through the lock box, Gifford free-climbed up the tree to the platform where Schatz and his crew were.

During the video tapes, Gifford claimed he was trying to climb to the top of the tree. Schatz said he believed that Gifford was suicidal and had attempted to push Schatz and his crew off the platform.

The assault charge stems from claims made by Schatz that Gifford tampered with safety equipment on his harness during the struggle.

After saying he respected Gifford's beliefs and determination, Feeney said he could not find evidence that Gifford acted to protect himself.

"I am not persuaded this is a case of self-defense," Feeney said.

During his arguments, Tim Stoen said Schatz did "everything right."
"Notice, your honor, the magnificent composure of this man," Stoen said, referring to the video tape. "That was heroic conduct."

Stoen said the case wasn't a "pleasure to prosecute."

"We're not talking about bad people in this case," Stoen said.

One of Gifford's attorneys, Omar Figueroa, argued on his behalf.

He referred to footage depicting Oxman apparently stepping, leaning and possibly choking Gifford while trying to put zip ties on him.

"That was viscous, it was unwarranted and it cannot be justified," Figueroa said.
Figueroa also said Schatz "failed to identify" when Gifford tampered with his gear.

A disposition and resetting hearing was scheduled for May 26.

http://www.times-standard.com/Stories/0,1413,127~2896~2832446,00.html
 
Wow Oakwilt,

That came right from the heart, but it's not only America that's plagued with paranoia and one way thinking. This disease is spreading all over.

It's the taking that counts these days. Love and real care is inside you, not in a god (or allah) and it only comes out when you are able to give, without thinking WHAT IS IN IT FOR ME IN RETURN.

We are in this together, not alone as a lot of people want to believe.
 
"Those who do not protect the trees can not expect protection from the trees"

All should bear this in mind next time they set their anchor!!!!!!!!!!!

Kharma these days has long legs

Didj
 
You must log in or register to reply here.

New threads New posts

Kask Stihl NORTHEASTERN Arborists Wesspur TreeStuff.com Teufelberger Westminster X-Rigging Teufelberger
Back
Top Bottom