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THE BEAR GOES FREE -- for now

by Johanna Lynch

After two-and-a-half years spent in prison, 43-year-old Eugene "Bear" Lincoln became a free man on Tuesday afternoon, September 23, 1997, acquitted of first- and second-degree murder by an eight-woman, four-man white jury. After one week living as a free man out on $50,000 bail, on Monday morning, September 29, red-haired Mendocino County District Attorney Susan Massini surprised jurors when she asked Judge John Golden to dismiss the four felony weapons charges that hung over Lincoln's head.

The jury came close to acquitting Lincoln of all the charges, which critics say should never have included first or second-degree murder, but two jury members, a man and a woman, deadlocked the jury on the charges of manslaughter. Lincoln will face a new jury and a manslaughter trial early in 1998 unless Massini dismisses the manslaughter charges. The rumor was she'd agree to some time after November 1. Until that time Lincoln said he was taking it one day at a time, and wants it known, "I don't want revenge. It's all about peace."

Rumors, and flustered reporters, were flying around the courthouse Monday after the weapons charges were dismissed and jury members were openly talking to reporters on the stairs, in the elevators, and the lobby of the courthouse. "From day one we were unanimous about his innocence. There just wasn't enough evidence" said one jury member referring to the night in April 1995 when Lincoln's friend Leonard "Acorn" Peters and Deputy Bob Davis were shot and killed. Jury forewoman Eileen Urich said the jury split 10-2 on the manslaughter charges. One local reporter wanted to know if all the reporters had gone out to the location of the shootings. "If you had, you'd see it was impossible to see over the rise in the road and around the corner. All the deputies saw was one head bobbing on the horizon of the road. Acorn couldn't have seen the glare of the 20,000 candlelight flashlight that the deputies supposedly created that night." The same reporter told the listening group that conflicting reports of the fateful night being both dark and moonlit were correct. "Even the helicopter pilot said he had to wait for a break in the fog and clouds. Weather up here can change in a few minutes."

Prosecuting attorney Aaron Williams has publicly stated that he is incredulous that the jury acquitted Lincoln of second-degree murder. He has already asked Judge Golden to set a trial date in early 1998 for Lincoln to face the manslaughter charges. Last week the gag order was finally lifted and Phil DeJong filed a motion to show cause why Susan Massini, and the DAs office should not be held in contempt for violating the strict gag order imposed by Judge Golden. DeJong cites three "offending" articles in the Santa Rosa Press Democrat which quoted the District Attorney. Jurors said they had taken three votes on each of the charges--and five on the murder charges and were hopelessly deadlocked on the manslaughter charges.

Outside the Mendocino Courthouse that Monday, Lincoln's supporters and family members gathered in the Ukiah heat under ancient magnolia trees and one pungent blossomed tree that Dan Hamburg's mother thought was a "Honey Locust," mingling with defense attorneys Tony Serra and Phil DeJong and members of Earth First, who distributed T-shirts and support for Lincoln. Serra sat thoughtfully on a park bench munching on raw carrots and nodded and waved when Lincoln thanked "all the people who helped me." Looking at Serra and DeJong he said, "The (12-member team who worked pro bono) defense team was great. I want to thank the jury most of all--they were sharp."

Lincoln, megaphone held high, told a young student from Ukiah High School who was interviewing him for the school radio station, "Peace is the bottom line. From my heart it's the way to go."

Descending from the courthouse steps Lincoln said, "Hey, I'm hungry. It's time for lunch." Everyone cheered and clapped.

Click here for more about Bear Lincoln

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