on the cover / By Heidi Walters

Money On Trees

Big cash nearly fell into Shunka Wakan’s lap. Other Earth First!ers are kinda happy it didn’t.

(Oct. 4, 2007) As the jury trial for the civil suit Kathryn Miller v. the Trees Foundation puttered to a start last week inside Courtroom 3 at the Humboldt County Courthouse, Shunka Wakan — a key witness for the plaintiff — spent mornings sitting on the hard wooden benches in the long hallway outside the courtroom. During breaks, Miller’s attorney Linda Mitlyng, would come out of the courtroom to join him. But otherwise, as other people and their legal affairs swirled around him in a warm, odiferous bath of humanity, Shunka sat alone. Or, sometimes, he stood alone, straight-spined, his small, stocky body swallowed by the huge, stiff blue suit out of which his newly shorn, razor-scraped bald head poked vulnerably — as if, at any moment, the suit could gulp once more and he’d disappear completely. Always, he clutched a paper folder with a wolf’s face on its cover.

The North Coast Earth First! Media guru had shaved off his woolly rust-tinged brown hair and beard the night before jury selection started, after discussing it with attorney Mitlyng. Now, it took an uncertain moment to recognize him. Then, of course: Shunka’s light blue eyes in the pink-pale face, Shunka’s closed-lip smile, Shunka’s trademark husky murmur, “Mm-hmm, for sure,” in response to a comment.

Jason Wilson, a.k.a. Shunka Wakan, suited up and ready to take the stand. Photo by David Lawlor.

GALLERY >

In Courtroom 3, the amiable but no-nonsense Judge Christopher Wilson’s domain, the fate of a $185,000 donation dangled. Would the plaintiff, donor Kathryn Miller, prevail in her claim that the defendant, the Trees Foundation, was not in fact the intended recipient of her generous gift? That Shunka Wakan’s NCEF! Media Center and the treesitters were? Or would the Trees Foundation convince the jury that, in fact, the money was intended all along for Trees, with no instructions attached for funneling it elsewhere? Richard Idell, left, who is defending the Trees Foundation against a lawsuit filed by Kathryn Miller, confers with Doug Wallace, community support coordinator for Trees. Photo by David Lawlor.

In her opening arguments, Miller’s attorney, Mitlyng, said the case came down to “fraud and broken promises.” “She believed [Trees] would hold [the money] in trust, for the benefit of North Coast Earth First!” said Mitlyng. The defense’s attorney, Richard Idell, countered in his opening argument that the donation was an unconditional gift and Miller never wrote letters of instruction — as Miller claims she did. “Ms. Miller … didn’t do anything. She took the check [from her mother’s estate] and flipped it over and wrote on the back, ‘Payable to the Trees Foundation,’” said Idell.

Miller’s claim sought the return of her $185,000, plus interest.

Out in the hallway, Shunka waited to tell his side of the story. Maybe he thought about the magical donation that never materialized, and now probably never would. Maybe he thought about the other times he’d been in this courthouse — dozens of times, along with other activists, often before Judge Wilson, answering to charges of trespassing and other forms of civil disobedience in the woods. Likely, he wondered when they were finally going to call him in to testify — it was taking forever in there. He’d even sent out an e-mail prematurely to the several hundred subscribers to his NCEF! online group erroneously announcing he would be first up to testify.

By the end of Friday’s court session, Miller was still on the stand. Perhaps Monday it would be Shunka’s turn. Whenever it was, he would be testifying on Miller’s behalf; but he wasn’t a party to the lawsuit. And in the end, after hearing all of the evidence, the jury would be determining who was telling the truth about intentions and letters of instructions. Shunka was just there to provide context and evidence in a contract dispute.

But to a number of forest activists, including a half dozen or so who appeared in the audience last Friday to watch the trial unfold, that context matters more to them than the legal questions. They say this lawsuit has placed a strain on the environmental community that could do as much damage as an ill-felled redwood that takes down other giants in its descent. They disapprove of the lawsuit, and they blame Shunka for it. And, they say, it’s just another example of how Shunka has commandeered the North Coast Earth First! identity and used it for purposes that nobody else in the amorphous but consensus-driven local Earth First! movement has agreed to.

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