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FTW

APPEAL PLANNED IN OREGON SEXUAL HARASSMENT CASE RULING AGAINST From The Wilderness 

September 30, 2009 

FORMER OREGON ASSISTANT DA OFFERS PRO BONO HELP
  

"I've skimmed through the BOLI decision but I have not begun any additional research yet. The Final Order reeks of bias against you, and I am completely stunned by the amount of the emotional damages award, particularly given the "facts" of the case and the short amount of time (the complainant) worked for you. The Order's "findings" regarding the credibility of witnesses is one of the most cherry-picked interpretations of testimony that I've ever seen. It reads like the "facts" in the Order were "found" (or rather, chosen) to provide the rationale for a pre-determined decision against you."
— Wesley Miller, Oregon Attorney; former Assistant District Attorney, Coos County Oregon

Sept. 30, 2009 — Now that State Labor Commissioner Brad Avakian has admitted to personally issuing a grossly misleading and biased press release regarding the sexual harassment case in Medford, Oregon, the momentum is starting to shift. This, even as Oregon's State Labor Commissioner is personally still releasing inaccurate, biased and malicious information about me. It is my personal opinion (and fairly obvious I think) that all of these actions by Oregon's Bureau of Labor and Industries (BOLI) are intended to hurt and weaken public response to — and interest in — the critically acclaimed documentary by Bluemark Films, "Collapse". CoLLapse has just received widespread and overwhelming critical praise after screenings at the Toronto International Film Festival from media such as Variety and Entertainment Weekly.

A distribution deal for the film has not yet been announced by the film's director Chris Smith. Any and all questions regarding the film's status should be directed to Bluemark. I'm biting my nails over that like everyone else is.

My attorney in the case, Lee Werdell of Medford, is currently in Europe on vacation and incommunicado. He will not return until Oct 12th, just 4 days before the clock to file an appeal runs out. We don't know if that will be enough time for him to prepare.

Oregon attorney Wesley Miller, a former Assistant D.A. in Coos County has offered his services pro bono to meet the appeals deadline until Werdell returns and can evaluate recent developments. Of course this will take money that I don't have and the first task will likely be to obtain a transcript of the actual hearing which will give the lie to Mr. Avakian's highly prejudicial, improper and continuing admittedly inaccurate and personal public pronouncements. And since when does a state's top labor official take such a personal interest in one case?

This is going to cost money. I estimate a minimum of $4,000 will be needed to secure the transcripts and file with the Oregon State Court of Appeals before anything else can happen. The key issue right now is to meet the 30-day appeal window - which we will do - immediately followed by the ordering of the transcript - for which we are in need of help.

As all of you know, I'm personally on the edge financially because I have spent the last eight months fighting this case and doing my share for the film. I have been receiving some incredible aid from some of you who have been supporters of me and the work of all the great people at FTW for years. So, I think what is needed now is the establishment of a legal defense fund.

What is happening in Oregon is a horrible miscarriage of justice and the Oregon ruling is a house of cards that can and will be easily pulled down and exposed for the political persecution it is if we can fund it. I will repeat that this is not about me. It is about the message of Peak Oil and sustainability contained in the film "CoLLapse". The reviews show that this film reaches people like we have never been able to reach people before. This is the Peak Oil/Sustainability movement's last shot at breaking through into public consciousness and our movement taking its rightful and well-earned seat at the table of public opinion.

I would like to add that now is the time for Peak Oil/Sustainability groups to step up publicly and back both me and the message of CoLLapse. I have taken public lumps for the movement for years and have — thanks to Chris Smith's skills — delivered a message that cannot be ignored. You have read the reviews and if you haven't you need to. I tell you again that I did nothing wrong in Oregon, and — even if I had — listen to the advice of the film critic who said (paraphrasing) that it's not important to debate the man. It is life-and-death important for all of us to hear and debate the message he so eloquently delivered in the film.

If you care about our movement, and grasp the urgency, then it's time to step up and say so. Because there is no doubt that it is our ability to make people want to see the film that is on trial here and that means that our message is on trial. The deterioration of the economic situation and the reality of Peak Oil make it clear that we may never have another chance.

For the time being any donations for the legal defense fund can be mailed to:

Mike Ruppert
c/o Rubiconworks
10736 Jefferson Blvd., PMB 618
Culver City, CA 90230

Make checks payable to me because we haven't set up a fund yet and need to be able to cash them right away.

I can't say thank you enough times or with enough feeling to get across how I feel about those of you who have rallied one more time to my (our) defense in support of the lives we hope to save.

If there are any lawyers or accountants out there with experience in legal defense funds, I need help. I don't know the first thng about this. I don;t know if it needs to be set up in California, Oregon or what? I don't know what legal paperwork is required or how long it takes to set up accounts and get checks. If anyone with experience wants to get help out please email Jenna at jennakilt@aol.com and be sure to include your contact information.

Michael C. Ruppert