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Hung Jury in Case of Support for Tree-Sitters in Oaks - Jan. 5, 2008

For Immediate Release -
Contact: Ayr (Eric Eisenberg) 510-938-2109 Karen Pickett 510-548-3113


Oakland, CA-The 12 person jury ended their deliberations today just prior to 5 pm after being unable to reach a unanimous verdict in the Berkeley tree-sit case. The case had Eric Eisenberg, known as Ayr, on trial for violating an injunction that the University of California at Berkeley (UCB) obtained through a lawsuit they filed earlier in 2007 to curtail support for the 13-month tree-sit on University property. The tree-sit occupation seeks to save a grove of mature oaks from destruction.

The injunction bars those "acting in concert" with the tree-sitters from being in the oaks or placing items such as cooking implements, platforms and ropes in the trees. After receiving permission from a security guard at the oak grove, Ayr admits he clipped a bag of oranges to a rope so the protesters would not be without food. He was later arrested for that act. Ayr has been a liaison with police, the community and others since the onset of the protest on Dec. 2, 2006, and has acted as a primary ground support organizer.

Ayr acted as his own attorney in challenging UCB's interpretation of the injunction, which has been criticized by National Lawyers Guild attorneys and others in the community, as they have decried the double fence and barbed wire UCB erected around the protesters. The tree-sit receives substantial support from the community and students on campus as those working to preserve the oak grove await a decision in a major lawsuit challenging UCB's development plans.

As he left court, Ayr said, "I am proud to be a tree-sit supporter. I am also glad that at least for today, that is not considered a criminal act."

He had also invited the jury to come by the oak grove on Piedmont Avenue just north of Bancroft Way in Berkeley, where now regularly, "Grandmothers for the Oaks" show up on Sunday afternoons to bring food and water to the tree-sitters.
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