Last Tree-Sitters to Descend Arraigned On Various Charges

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The final four tree-sitters to descend from a redwood tree near Memorial Stadium pleaded not guilty to charges of violating a court stay-away order and of illegal lodging yesterday in Alameda County Superior Court.

The sitters, who were part of a 21-month-long protest against UC Berkeley's plan to build a student athletic center at the site of an oak grove, relinquished their perch Tuesday after facing increased pressure from the campus.

Sitters Eric Elliott, Raul Colocho and Ernesto Pena, who were each charged with violating the stay-away order and with counts of illegal lodging or resisting police officers, could face up to six months in jail if convicted of the charges, said Carol Strickman, their attorney.

The fourth sitter, Michael Schuck, faces multiple charges of disobeying the stay-away order, unauthorized lodging and one charge of violating probation.

Shuck, who was described by his lawyer as "a Cal student on break for a few months," is the man-know as "Fresh"- who took up residence in an oak tree near Wheeler Hall for two weeks in April.

All four sitters wore pale blue correctional scrubs and appeared to have showered and groomed themselves since their arrests at the oak grove Tuesday.

The campus began cutting down the trees last week to make way for the center after receiving the go-ahead from a California appellate court.

The center's construction has been delayed for nearly two years due to an ongoing legal battle between UC Berkeley and the city of Berkeley, the Panoramic Hill Association and California Oak Grove Foundation.

In late 2007, a superior court judge ruled the protesters' occupation of the grove was not protected as a form of speech and constituted an illegal occupation of private property.

Nonetheless, the grove had been occupied by at least a few activists continuously since protesters first ascended the trees in December 2006.

Presiding Judge Yvonne G. Rogers agreed to lower the bail amounts for Elliott, Colocho and Pena from $11,700 to $3,000, $5,500 and $1,300, respectively. Rogers denied a request from Schuck's attorney to lower his bail, which is set at $15,000.

Strickman said the sitters' supporters are attempting to raise the money to post bail.

All four protesters are set to appear in court next week for pretrial hearings.

Tags: TREE-SIT


Jacqueline Johnston covers the courts. Contact her at jjohnston@dailycal.org.



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