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Her attorneys also said she knew nothing about the materials. They were, in fact, substituted for others she put in the folder, and her fingerprints weren't on the alleged incriminating ones for proof.
Civil rights attorney Ben Rosenfeld said the "government's case was primarily based on character assassination, guilt by association, (and that) evidence of other people's writings should never have been allowed to be used against her."
He also denounced former Attorney General Gonzales for using the media to pronounce Waters guilty after her indictment. As a result, he harmed her chances at the outset, showing convictions matter more than justice, especially on charges of terrorism or conspiracy to commit it.
Throughout her ordeal, Waters steadfastly maintained her innocence. On February 11, 2008, her trial began, prosecutors claiming she was a dangerous environmental terrorist willing to commit crimes, despite no incriminating evidence. According to her Neil Fox/Robert Bloom defense team:
"Not only has Briana Waters pleaded not guilty, she is not guilty....She is completely innocent, not involved in this or any other arson. The government's proof is what is on trial. The government must prove (its charges) beyond a reasonable doubt....Ms. Waters is innocent not because of some technicality, but because she was not involved with this group of people in any arson, in any discussion of arson....that's not what happened."
Nonetheless, on March 6, 2008, jurors convicted her of two arson counts, exonerating her on three others. On June 19, 2008, she was sentenced to six years imprisonment and ordered to pay $6 million in restitution. Commenting, attorney Bloom said:
"Prosecutors used scare-mongering to get the jury to convict an innocent person. This is really a study in American prosecution. It was an absurdly slanted" case against an innocent, victimized woman.
She appealed, and on September 15, 2010, the US Court of Appeals, Ninth Circuit overturned her conviction, ordering a new trial after ruling proceedings against her were riddled with judicial errors. In a unanimous decision, a three-judge panel said:
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