Bear Lincoln Acquittal: 10 Years Later

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Mendo History

Washington, DC

#1 Oct 17, 2008
Bear Lincoln is free! This is a real victory for the people!
On Tuesday, September 23, Eugene "Bear" Lincoln was found NOT GUILTY on charges that he murdered a Mendocino County Sheriff's deputy. He was also found NOT GUILTY on charges he was responsible for the murder of his friend Leonard "Acorn" Peters. And the all-white jury deadlocked, voting 10-2 for acquittal on lesser manslaughter charges. Later that evening a bond for $50,000 was posted. And after being in prison for two years, Bear was released to the cheers of his supporters.
"There was a gathering the night Bear was released and Bear acknowledged all of the support," a Lincoln Peters Defense Alliance supporter told the RW. "He thanked everyone for the help. He said that, while he was sitting in jail, knowing that there were people out here supporting him was very helpful."
The day after his release Bear was interviewed on Flash Points on KPFA radio. Bear is still bound by the judge's gag order and so he couldn't discuss the facts of the case. But, after being behind bars awaiting trial for the last two years, he talked about how he was enjoying California's early fall heat wave. And he talked about the impact that his trial had and the importance of the movement that has developed around his case. He said, "The public's eyes were opened. We accomplished a lot.... We had a really good turnout. A lot of good people came together. We have a real strong group now and it was a big help. I was really happy with it."
Turning the Tide
"Had there not been the spotlight on this case that the community generated Bear would be on death row right now."
--An activist with the Lincoln Peters Defense Alliance
*****
Police violence against the people on the Round Valley Reservation and against Native American peoples throughout northern California is widespread. When the police murdered Acorn Peters on April 14, 1995 and when they launched a manhunt for Bear they didn't expect to have to answer for their crimes.
During the summer, Cora Lee Simmons of Round Valley Indians for Justice told the RW, "I know that they thought the Indians would take this lying down and that we wouldn't say anything. Did they get the surprise of their lives because we said,`NO MORE!' "
Round Valley Indians for Justice was formed in response to these attacks. Residents put out press releases denouncing the Sheriffs Department's outrages. People from other cities in Mendocino came to Round Valley to monitor police abuse. A Round Valley Support Committee was formed. People packed meetings of the Board of Supervisors demanding justice.
In the course of Bear's trial more people have come forward. Hundreds rallied on the courthouse steps as the trial began. Bear's supporters packed the court and held signs for cars driving by in front of the courthouse. The Mendocino Environmental Center let Bear's supporters use their office. A local radio station started broadcasting the trial and many people throughout Mendocino were drawn into listening to the trial. There was drumming for Bear every Monday in front of the courthouse.
"You know this case has really been unique and people who have been involved in it all recognize there is a different element about this," one of Bear's supporters told the RW. "It has built some bridges and established new ties among the white and Native American community that we want to nurture and not let go."
A Railroad Derailed
"He wasn't presumed innocent. There was every indication that he was presumed guilty."
--A Bear Lincoln supporter on the radio
Mendo History

Washington, DC

#2 Oct 17, 2008
*****
From the very beginning, when their attempts to kill Bear failed, the authorities set out to railroad Bear despite the overwhelming evidence pointing to his innocence.
# The media has parroted the lies of the Sheriff and called Bear "a vicious cop-killer." The media never questioned the many contradictory versions of the events told by the Sheriffs Department.
# As the case went to court the judge placed a gag order on the case, preventing the defense attorneys and Bear from talking to the press. This gag order made it more difficult for the defense to get its side of the story out.
# People who objected to the death penalty were not allowed to be on the jury. Anyone with negative experiences with law enforcement was excluded from the jury. All Native Americans and all other oppressed nationalities were kicked off the jury by the prosecution.
# The Sheriffs Department engaged in jury tampering. A juror revealed in court that a deputy told him that Bear had confessed --which was a complete lie. Despite the fact that this type of jury tampering is a felony, the Deputy remains in the Department and the investigation of the incident is still being kept secret both from the public and from the Bear Lincoln Defense Team.
The kind of railroad that Bear faced is typical of what poor, Native American people face. Bear's legal team and supporters were able to derail this railroad, breaking through the media lies and blackout, and exposing the lies of the Sheriffs and District Attorney. In the process they were able to expose the racist brutality of the Mendocino County Sheriffs. This has helped create favorable conditions to continue the struggle against police abuse.
"I wonder how many innocent Native people are in jail now who don't have the kind of representation and support that Bear has had," Cyndi Pickett, Acorn Peters widow, told the RW.
Mendo History

Washington, DC

#3 Oct 17, 2008
Bear's Life Threatened
Some of Bear's supporters fear that his life might be in danger now from Sheriffs' deputies or their supporters who are angered by the not guilty verdict. The Sheriffs Department has already shown that they would like to see Bear dead. On the night of April 14, Bear had to run for his life after seeing his friend Acorn gunned down in front of him for no reason. That night, people on the reservation who were monitoring police scanners heard the police give a "shoot-to-kill order." Then the police occupied the reservation, kicking down doors and searching houses with their guns cocked. And after governor Pete Wilson offered a $100,000 reward for Bear's arrest, bounty hunters on dirt bikes and horses roamed through the hills trying to hunt Bear down. Later, while in jail, Bear exposed threats against him by the authorities.
As Bear was being released he was confronted by Mendocino County Sheriff Alvin Tripp. Tripp approached Bear in a threatening manner and shouted a racist comment at him. Tripp said, "You lie with a forked tongue. You know what I mean." Then Tripp almost ran over one of Bear's supporters in his car. People on the Round Valley Reservation are familiar with Tripp. According to residents, 10 years ago Tripp arrested a Native American man on the reservation, handcuffed him and shot him in the back of the head.
Bear still faces some serious charges. Starting on Monday, September 29, the jury will decide whether Bear is guilty of a weapons charge of being a felon in possession of a handgun. The D.A. could also retry Bear on the manslaughter charges even though this jury voted overwhelmingly for acquittal.
It's also possible that the authorities could use an 18-year-old conviction to try Bear under California's notorious three strikes law. If they are allowed to count this conviction from Bear's youth as a strike, then a weapons charge could be a second strike. The authorities could send Bear to jail for 25 years to life if he is retried (for the manslaughter) and convicted even of involuntary manslaughter.
Bear's supporters are continuing to mobilize to defend him. They are also planning a pow-wow to celebrate the victory in the trial.
A Bear Lincoln supporter said on the radio, "There's a great deal of commitment from other people in Mendocino County and also outside the County to continue the support not only for Bear but also for the community of Round Valley. Bear's acquittals don't solve all the problems of the community. This is just the tip of the iceberg. It's something that had been going on and is continuing to go on. But this incident has really galvanized the community."
Mendo History

Washington, DC

#4 Oct 17, 2008
Support builds for Native victim of police frame-up

Chanting "Free Bear Lincoln, drop the charges now," more than 150 people marched and rallied in Ukiah, Calif., on April 4. Most of the participants came from several towns in surrounding Mendocino County. Ukiah is a city of 15,000 about 100 miles north of San Francisco.

Eugene Bear Lincoln, a Wailaki Indian resident of the Round Valley Reservation, was tried and acquitted of four murder charges in September 1997.

Lincoln had been accused of killing a Mendocino County sheriff's deputy, Robert Davis, on the night of April 14, 1995. In that incident, Lincoln's close friend, Leonard "Acorn" Peters, was shot and killed by deputies as he walked with Lincoln along a remote country road.

Lincoln was the target of a massive, racist manhunt. Residents of the reservation were subjected to weeks of police occupation and brutality. The pro-police "America's Most Wanted" television show portrayed Lincoln as a vicious cop-killer. Wanted posters were everywhere.

After four months of living underground, Lincoln-proclaiming his innocence-surrendered to authorities at the San Francisco office of his defense lawyer, Tony Serra.

After two years in the Mendocino county jail, he went on trial in July 1997. If convicted, he faced the death penalty.

Serra and other defense attorneys shredded the state's weak case. They showed beyond a doubt that what had really occurred in April 1995 was a police ambush.

The defense also brought out the long history of anti-Indian racism and genocide in the area. More than 90 percent of the Indian population of northern California was exterminated in the decade after the 1848 gold rush began. Survivors were forced onto small, remote reservations like Round Valley.

The acquittal of Bear Lincoln on all capital-death penalty-charges was a big victory under these conditions. A major factor in the acquittal was the strong support organized by the Lincoln-Peters Defense Alliance. The LPDA brought together a coalition of Indian and non-Indian activists and organizations in the area.

The all-white jury unanimously voted to acquit on the murder charges, and was hung 10-2 in favor of acquittal on two counts of manslaughter.

Several of the jurors, deeply moved by what they had seen and heard, joined the LPDA after the trial. Nine first-trial jurors signed a letter to county district attorney Susan Massini, calling on her not to refile the manslaughter charges.

But on Jan. 2, Judge John Golden set a new trial date for Lincoln. The trial has now been postponed until September.

Among the speakers at today's rally were Tanya Brannan of the Purple Berets, a group fighting police murder in neighboring Sonoma County; Cora Lee Simmons of Round Valley Indians for Justice; long-time Native activist Fred Short who just returned from the Jericho '98 march in Washington; and Cyndi Pickett, widowed partner of Acorn Peters.

Gloria La Riva of the National People's Campaign, which brought several carloads of people from the Bay Area, talked about the significance of April 4-the anniversary of the assassination of Dr. Martin Luther King Jr.-and the on-going struggle against racism embodied in Bear Lincoln's case. La Riva was introduced as a candidate for the Peace and Freedom Party nomination for governor of California.

Bear Lincoln told the crowd, "It's a real miracle I'm even alive. Law enforcement did not want me to live when I was on the run. They never wanted me to go to trial.

"Because of a court gag order, I'm not supposed to talk about the case," Lincoln concluded. "I don't have freedom of speech. It's been three years since I've been gagged. The police are in control. I can't defend myself with my own words, I can't speak freely. But once the trial is over, we will expose police corruption, police murder, police ambush, police lies and jury tampering."

http://www.workers.org/ww/1998/lincoln0416.ph...
Mendo History

Washington, DC

#5 Oct 17, 2008
FIVE JURORS JOIN RALLY FOR LINCOLN PETITION DRIVE AIMS TO STOP RETRIAL PLANS

Published on October 3, 1997
BYLINE: Mike Geniella
Press Democrat Bureau

With five jurors joining their ranks, supporters of Eugene ``Bear'' Lincoln launched a campaign Thursday to keep the Round Valley man acquitted of killing a local sheriff's deputy from being retried on manslaughter charges.

About 100 people including Lincoln, his dozen-member defense team, family members and political and social activists gathered outside the Mendocino County courthouse to cheer announcement of a petition drive calling on District.....
http://nl.newsbank.com/nl-search/we/Archives...
Tookiu

San Leandro, CA

#6 Oct 17, 2008
Where is POS Bear now? Prison?
Haunted till TODAY

Washington, DC

#7 Oct 17, 2008
Sheriff still looking for Covelo deputies
Author: Linda Williams/TWN Staff Writer
Date: March 5, 2008
Publication: Willits News, The (CA)

The Mendocino County Sheriff's Department has had an ongoing struggle filling resident deputy positions across the county with the Covelo slot a bigger trial than most. "We recently filled the two resident deputy positions in Covelo," says Sheriff Tom Allman, "but they both resigned recently and we now are looking for two others. We are very actively looking for resident deputies. We have two trainees enrolled in the College of the Redwoods and .......http://nl.newsbank.com/ nl-search/we/Archives?p_produc t=WNCB&p_theme=wncb&p_ action=search&p_maxdocs=20 0&p_topdoc=1&p_text_di rect-0=11F3EF2CDFD7BFA8&p_ field_direct-0=document_id &p_perpage=10&p_sort=Y MD_date:D&s_trackval=Googl ePM
Haunted till TODAY

Washington, DC

#8 Oct 17, 2008
green eyes

Jackson St Forest, CA

#9 Oct 18, 2008
Tookiu wrote:
Where is POS Bear now? Prison?
i'm kin of thinking he is. i believe after all of the pubilcity on what a great citizen bear was and is, he got in trouble for something pretty bad and i have not heard what he got out of it.
Yatahe

San Leandro, CA

#10 Oct 18, 2008
He is in prison where he belongs.
Fact Finder

Washington, DC

#11 Oct 18, 2008
I'm sure if he stayed in Mendocino County that the LEO's would find or fabricate any reason they could to lock him up- in pure spite, that an Indian was acquitted. Thats just how justice has always been in Mendocino County.
Racist County Roots

Washington, DC

#12 Oct 21, 2008
Yatahe wrote:
He is in prison where he belongs.
According to law enforcement in Ukiah, all Native Americans belong in jail.
Racism Sucks doesn't it!
Alex Jones Show Live

Washington, DC

#13 Oct 27, 2008
The Alex Jones Show
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MASONIC watch

Washington, DC

#14 Nov 4, 2008
&fe ature=related
President John F. Kennedy warned us about the danger posed by tolerating excessive secrecy, and permitting members of "secret societies" and the military-industrial(-intellige nce-media) complex to slowly covertly subvert our Constitutional Republic from within, right before our eyes.
http://www.youtube.com/watch...
Mendo County

Washington, DC

#15 Nov 24, 2008
Haunted till TODAY wrote:
http://nl.newsbank.com/nl-sear ch/we/Archives?p_product=WNCB &p_theme=wncb&p_action =search&p_maxdocs=200& p_topdoc=1&p_text_direct-0 =11F3EF2CDFD7BFA8&p_field_ direct-0=document_id&p_per page=10&p_sort=YMD_date:D &s_trackval=GooglePM
Still Haunted.....
green eyes

Jackson St Forest, CA

#16 Nov 29, 2008
Yatahe wrote:
He is in prison where he belongs.
i agree with you all the way. he got away with murder. just as o.j. simpson did. then was ignorant enough to turn right around and do something stupid all over again!!!
Good Old Boys

Washington, DC

#18 Dec 1, 2008
http://www.workers.org/ww/1998/lincoln0416.ph...

Support builds for Native victim of police frame-up

Chanting "Free Bear Lincoln, drop the charges now," more than 150 people marched and rallied in Ukiah, Calif., on April 4. Most of the participants came from several towns in surrounding Mendocino County. Ukiah is a city of 15,000 about 100 miles north of San Francisco.

Eugene Bear Lincoln, a Wailaki Indian resident of the Round Valley Reservation, was tried and acquitted of four murder charges in September 1997.

Lincoln had been accused of killing a Mendocino County sheriff's deputy, Robert Davis, on the night of April 14, 1995. In that incident, Lincoln's close friend, Leonard "Acorn" Peters, was shot and killed by deputies as he walked with Lincoln along a remote country road.

Lincoln was the target of a massive, racist manhunt. Residents of the reservation were subjected to weeks of police occupation and brutality. The pro-police "America's Most Wanted" television show portrayed Lincoln as a vicious cop-killer. Wanted posters were everywhere.

After four months of living underground, Lincoln-proclaiming his innocence-surrendered to authorities at the San Francisco office of his defense lawyer, Tony Serra.

After two years in the Mendocino county jail, he went on trial in July 1997. If convicted, he faced the death penalty.

Serra and other defense attorneys shredded the state's weak case. They showed beyond a doubt that what had really occurred in April 1995 was a police ambush.

The defense also brought out the long history of anti-Indian racism and genocide in the area. More than 90 percent of the Indian population of northern California was exterminated in the decade after the 1848 gold rush began. Survivors were forced onto small, remote reservations like Round Valley.

The acquittal of Bear Lincoln on all capital-death penalty-charges was a big victory under these conditions. A major factor in the acquittal was the strong support organized by the Lincoln-Peters Defense Alliance. The LPDA brought together a coalition of Indian and non-Indian activists and organizations in the area.

The all-white jury unanimously voted to acquit on the murder charges, and was hung 10-2 in favor of acquittal on two counts of manslaughter.

Several of the jurors, deeply moved by what they had seen and heard, joined the LPDA after the trial. Nine first-trial jurors signed a letter to county district attorney Susan Massini, calling on her not to refile the manslaughter charges.

But on Jan. 2, Judge John Golden set a new trial date for Lincoln. The trial has now been postponed until September.

Among the speakers at today's rally were Tanya Brannan of the Purple Berets, a group fighting police murder in neighboring Sonoma County; Cora Lee Simmons of Round Valley Indians for Justice; long-time Native activist Fred Short who just returned from the Jericho '98 march in Washington; and Cyndi Pickett, widowed partner of Acorn Peters.

Gloria La Riva of the National People's Campaign, which brought several carloads of people from the Bay Area, talked about the significance of April 4-the anniversary of the assassination of Dr. Martin Luther King Jr.-and the on-going struggle against racism embodied in Bear Lincoln's case. La Riva was introduced as a candidate for the Peace and Freedom Party nomination for governor of California.

Bear Lincoln told the crowd, "It's a real miracle I'm even alive. Law enforcement did not want me to live when I was on the run. They never wanted me to go to trial.

"Because of a court gag order, I'm not supposed to talk about the case," Lincoln concluded. "I don't have freedom of speech. It's been three years since I've been gagged. The police are in control. I can't defend myself with my own words, I can't speak freely. But once the trial is over, we will expose police corruption, police murder, police ambush, police lies and jury tampering."
Good Old Boys

Washington, DC

#19 Dec 1, 2008
Support builds for Native victim of police frame-up

Chanting "Free Bear Lincoln, drop the charges now," more than 150 people marched and rallied in Ukiah, Calif., on April 4. Most of the participants came from several towns in surrounding Mendocino County. Ukiah is a city of 15,000 about 100 miles north of San Francisco.

Eugene Bear Lincoln, a Wailaki Indian resident of the Round Valley Reservation, was tried and acquitted of four murder charges in September 1997.

Lincoln had been accused of killing a Mendocino County sheriff's deputy, Robert Davis, on the night of April 14, 1995. In that incident, Lincoln's close friend, Leonard "Acorn" Peters, was shot and killed by deputies as he walked with Lincoln along a remote country road.

Lincoln was the target of a massive, racist manhunt. Residents of the reservation were subjected to weeks of police occupation and brutality. The pro-police "America's Most Wanted" television show portrayed Lincoln as a vicious cop-killer. Wanted posters were everywhere.

After four months of living underground, Lincoln-proclaiming his innocence-surrendered to authorities at the San Francisco office of his defense lawyer, Tony Serra.

After two years in the Mendocino county jail, he went on trial in July 1997. If convicted, he faced the death penalty.

Serra and other defense attorneys shredded the state's weak case. They showed beyond a doubt that what had really occurred in April 1995 was a police ambush.

The defense also brought out the long history of anti-Indian racism and genocide in the area. More than 90 percent of the Indian population of northern California was exterminated in the decade after the 1848 gold rush began. Survivors were forced onto small, remote reservations like Round Valley.

The acquittal of Bear Lincoln on all capital-death penalty-charges was a big victory under these conditions. A major factor in the acquittal was the strong support organized by the Lincoln-Peters Defense Alliance. The LPDA brought together a coalition of Indian and non-Indian activists and organizations in the area.

The all-white jury unanimously voted to acquit on the murder charges, and was hung 10-2 in favor of acquittal on two counts of manslaughter.

Several of the jurors, deeply moved by what they had seen and heard, joined the LPDA after the trial. Nine first-trial jurors signed a letter to county district attorney Susan Massini, calling on her not to refile the manslaughter charges.

But on Jan. 2, Judge John Golden set a new trial date for Lincoln. The trial has now been postponed until September.

Among the speakers at today's rally were Tanya Brannan of the Purple Berets, a group fighting police murder in neighboring Sonoma County; Cora Lee Simmons of Round Valley Indians for Justice; long-time Native activist Fred Short who just returned from the Jericho '98 march in Washington; and Cyndi Pickett, widowed partner of Acorn Peters.

Gloria La Riva of the National People's Campaign, which brought several carloads of people from the Bay Area, talked about the significance of April 4-the anniversary of the assassination of Dr. Martin Luther King Jr.-and the on-going struggle against racism embodied in Bear Lincoln's case. La Riva was introduced as a candidate for the Peace and Freedom Party nomination for governor of California.

Bear Lincoln told the crowd, "It's a real miracle I'm even alive. Law enforcement did not want me to live when I was on the run. They never wanted me to go to trial.

"Because of a court gag order, I'm not supposed to talk about the case," Lincoln concluded. "I don't have freedom of speech. It's been three years since I've been gagged. The police are in control. I can't defend myself with my own words, I can't speak freely. But once the trial is over, we will expose police corruption, police murder, police ambush, police lies and jury tampering."
green eyes

Jackson St Forest, CA

#20 Dec 1, 2008
if all of ukiah is against the indians, how on earth did an all white jury find this man not guilty of murder? you would think if all are prejudice against indians as people have said on here then bear lincoln would have surely been found guilty! the race card is always tossed in somehow or another.
Native Injustice

Washington, DC

#21 Dec 1, 2008
Anti-Indian racism heavy in trial of 'Bear' Lincoln
By Richard Becker in Ukiah, Calif.
The trial of Eugene "Bear" Lincoln is nearing its end. Lincoln, a Wailaki Indian resident of the Round Valley reservation in Northern California, is charged with the murder of Mendocino County sheriff's deputy Bob Davis and faces the death penalty if convicted.
The extremely limited and contradictory prosecution evidence has convinced many that Lincoln is the victim of a classic racist frame-up, designed to cover up police violence.
In the early evening of April 14, 1995, a shooting incident left one Native person, Gene Britton, dead in the reservation town of Covelo. A suspect in the shooting was Arylis Peters. There was a history of bad relations between the Peters and Britton families.
There had previously been accusations that the police in the area sided with the Brittons against the more traditional Peters and Lincoln families.
Four hours later, sheriff's deputies Davis and Dennis Miller ambushed Leonard Peters--brother of Arylis Peters-- and Bear Lincoln as they walked along a remote mountain road. The deputies apparently mistook Leonard Peters for his brother.
Leonard Peters was killed instantly. In total darkness and not knowing who had opened fire on them, Bear Lincoln shot back in self-defense and then fled, with the deputies in pursuit firing wildly in the night. When and by whom Deputy Davis was shot remains a question.
The only witness against Bear Lincoln, Deputy Miller, has changed his story. He at first claimed to have seen only one person, Leonard Peters. The deputy said Peters had opened fire without warning.
When forensic tests a few days later showed that Peters' rifle had not been fired at all, Miller suddenly "remembered" seeing a second person in the darkness--Bear Lincoln. Miller completely changed his story, claiming that Lincoln had killed Deputy Davis as he knelt over the body of Leonard Peters. Bear Lincoln's rifle has never been found.

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