622 F.3d 1075
9th Cir.2010Background
- In May 2001, ELF members set two arsons, including the UW Center for Urban Horticulture, causing over $6 million in damages.
- Waters was indicted on multiple counts; she was convicted on two arson counts and sentenced to six years.
- Key witnesses Phillabaum and Kolar testified Waters joined the UW arson plot near the time of planning and acted as lookout or organizer in parts of the operation.
- Waters challenged numerous trial evidentiary rulings criticizing government misconduct, admission of anarchist literature, and exclusion of defense evidence.
- On appeal, the Ninth Circuit reversed Waters’ conviction, remanding for a new trial due to multiple errors, including admissibility of evidence and public-trial violations.
- The court amended its opinion and remanded; a separate panel rehearing petition was denied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of anarchist literature under Rule 403 | Waters argues the folder should be admitted to show association and intent. | Waters contends the articles are highly prejudicial and not sufficiently probative. | District court abused 403 balancing; admission reversed. |
| Exclusion of Waters' Watch documentary as rebuttal evidence | An available defense to show non-violence stance was improperly limited by evidence rules. | Waters’ video is probative to show peaceful protest commitment and rebut violence evidence. | Exclusion constitutes abuse of discretion and contributes to reversible error when combined with 403 error. |
| Admission of Corrina statements and hearsay | Corrina’s testimony about Waters’ statements bears on Waters’ mindset. | Most of the statements are hearsay or improperly admitted immaterially. | Partial error; impermissible hearsay exclusion misapplied; statement content issue resolved in Waters’ favor. |
| Public-trial rights: omnibus pretrial hearing and jury-selection openness | Seating and closures were permissible for court efficiency. | Closure violated Sixth Amendment; Presley v. Georgia required openness. | Omnibus pretrial closure violated public-trial right; jury selection openness concerns noted; remand advised. |
| Adverse publicity during deliberations and adequacy of court inquiry | Jurors may have been prejudiced by ELF publicity surrounding Waters. | Court inquiry into prejudice was sufficient. | Inadequate inquiry; reversal warranted due to potential prejudice from publicity. |
Key Cases Cited
- United States v. Ellis, 147 F.3d 1131 (9th Cir. 1998) (prejudicial violent materials can be reversal-entitling evidence)
- United States v. Curtin, 489 F.3d 935 (9th Cir. 2007) (en banc; district courts must read all evidence to balance 403 effects)
- Waller v. Georgia, 467 U.S. 39 (U.S. 1984) (public-trial rights in suppression contexts; close/open balancing)
- Presley v. Georgia, 130 S. Ct. 721 (U.S. 2010) (open courts; accommodating public attendance; Presley per curiam)