SF 8 victory dance: Prosecution admits evidence is insufficient

SF 8 victory dance:
Prosecution admits evidence is insufficient

http://www.sfbayview.com/2009/sf-8-victory-dance-prosecution-admits-evidence-is-insufficient/

July 7, 2009
by Wanda Sabir

I remember when I first learned the names of Jalil Muntaqim and
Herman Bell, along with Marilyn Buck and Albert Nuh Washington: It
was on the pages of "Can't Jail the Spirit." A friend of mine,
Dhameerah Ahmed, gave it to me or told me to get a copy and I did.
The book is filled with the profiles of some of America's Most Wanted
­ most wanted for their commitment to freedom, justice and equality.

I was also committed to such as well. In fact, those principles were
on my national flag which we saluted daily, wore on our lapels, on
our clothing, kept sealed in our hearts. It isn't surprising today to
find out how closely the ties between the Nation of Islam and Islam
in its various manifestations and interpretations paralleled the
development of Black Nationalism. The discipline of the NOI was an
important ingredient in the formation of the liberation armies which
often didn't have names as they conducted clandestine operations then
and perhaps even now. Discipline and love for one's people was
probably an important ingredient in the philosophies which developed
and institutions which even in their weakened states still leave a
slight footprint or outline for those interested in fashioning a new
shoe or sole.

Another book I enjoyed a lot was Chinosole's "Schooling the
Generations in the Politics of Prison." Muntaqim has a chapter in it.
These books were what I'd call two of my foundation texts on the
prison industrial complex. Other books were "Assata!" I think Walter
Turner ­ Professor Turner ­ recommended it and I bought it and
devoured it, along with the book by Assata's aunt. I read Elaine
Brown's book somewhere in there, along with slave narratives and
writings by women from the African Diaspora. I think I also started
reading Marcus Garvey.

Growing up in the Nation of Islam, I'd read "Message to the Black
Man," "Fall of America," "How to Eat to Live" and "The Autobiography
of Malcolm X."

I read "Roots," "Jubilee," and "Brothers and Keepers" by John Edgar
Wideman, everything by James Baldwin, Zora Neale Hurston, Richard
Wright and African writers like Chinua Achebe, Wole Soyinka and
others, like Ken Saro Wiwa. I read asha bandele's "Prisoner's Wife"
and have started her latest. A friend of mine recommended, "Visiting
Life," which I read. This doesn't include all the films I've seen or
my political awakening with Kiilu Nyasha's radio show, "Freedom is a
Constant Struggle," Saturday evenings on KPFA back in the good ol'
days. I remember the first time I heard the words: Black August.

I've read prison writers and writings whose names don't come readily
to mind and others like Angela Davis' autobiography, which I never
finished. I picked up George Jackson's "Soledad Brother," even
checked it out of the library recently, just like Eldridge Cleaver's
"Soul on Ice." But I read other Black Panther Party writings, like
Mumia's books, starting with "Live from Death Row." Remember when NPR
pulled the series? I have not felt the same about them since.

Kathleen Cleaver and George N. Katsiaficas' "Liberation, Imagination,
and the Black Panther Party," "Black Panther: The Revolutionary Art
of Emory Douglas" and, more recently, Harold L. Bingham's "Black
Panthers 1968" are all books I'd recommend. Professor Curtis Austin's
"Up Against the Wall: Violence in the Making and Unmaking of the
Black Panther Party" is another valuable resource.

I also read about liberation movements: Black slave revolts, some of
the early narratives like ' and fiction writers such as Nella Larsen
and earlier Black writers, both poets and fiction writers. I have a
friend who owned a bookstore, The Key Book Shop, Kokovulu Lumakanda,
and he would point me in literary directions for a price (smile).

A freed political prisoner (PP) or prisoner of war (POW) is like an
escaped captive. These trials are like auctions where flesh is
bartered ­ there's a direct connection between Africans enslaved
during the 15th century and Africans enslaved in the 21st century …
at least in my mind.

I am still studying. Most recently I finished Marilyn Buck's
translation of a collection of poetry of an exiled writer, Cristina
Peri Rossi: "State of Exile, Pocket Poets Number 58." Another book I
read recently and enjoyed is Mumia's latest on prison lawyers and,
earlier this year, Robert King's memoir, "From the Bottom of the
Heap." I am still working my way through "Slavery by Another Name" by
Douglas Blackmon, "The Hemingses of Monticello: An American Family"
by Annette Gordon-Reed and so many others like Diana Block's "Arm the
Spirit: A Woman's Journey Underground and Back" and asha bandele's
"Something Like Beautiful: One Single Mother's Story."

The fact that this government still feels it necessary to destroy
Black liberation movements and their elders, those still movin' and
shakin' stuff up, is, if nothing else, a wake-up call for
free-thinkers concerned with justice. It is a call to organize,
organize, organize, collaborate, collaborate, collaborate and stay
awake and watchful ­ vigilant, even in this, an Obama Age.

It doesn't feel like a week has gone by, but much has happened in the
seven days between June 29 and July 6, in a case which has garnered
both national and international attention since Jan. 23, 2007, when
the FBI under the auspices of Homeland Security rearrested eight
former members and associates of the Black Panther Party on charges
related to the killing of a San Francisco policeman, part of an
alleged plan to kill police and bomb or burn down police stations
across the country between 1968 and 1973.

Harold Taylor, John Bowman ­ now deceased ­ and Ruben Scott had
confessed to crimes connected to the Aug. 29, 1971, shooting after
San Francisco police took them to New Orleans, where, under the
supervision of FBI agents, New Orleans police tortured them. In the
mid-'70s, charges were dropped in several jurisdictions, including
charges for the 1971 killing, when the judges learned that these
"confessions" had been coerced under torture.

Thirty years later, the same two San Francisco policemen who had
interrogated them while they were tortured by New Orleans police, now
employees of Homeland Security, a provision of the USA Patriot Act,
show up on the men's doorsteps ­ talk about the return of the boogie
man! As the government officials made their rounds during the early
morning hours two and a half years ago harassing these model citizens
with requests for information the former Black Panther Party members
and associates had no knowledge of and forcing them to surrender
saliva samples for DNA testing ­ the Grand Jury Resisters once again
closed ranks. The eight men are Herman Bell, Ray Boudreaux, Richard
Brown, Henry (Hank) Jones, Jalil Muntaqim (Anthony Bottom), Richard
O'Neal, Harold Taylor and Francisco Torres.

It had been 30 years since some of the men had seen each other and,
without conferring first, since they were rounded up individually
from across the country, each one decided not to cooperate with law
enforcement. Many had moved from their former homes in San Francisco,
started new lives, were parents and grandparents, some retired from
successful careers ­ still politically conscious and active, yet,
more often than not, flying below the radar. However, this new
harassment propelled them to form the Committee for the Defense of
Human Rights with a mission to expose injustices, especially those
connected to domestic use of torture to elicit testimony for use in
U.S. courts.

The men were all eventually arrested after the early morning visits
and put in San Francisco County Jail in 2007 to await trial. In
August and September, six of them ­ Ray Boudreaux, Richard Brown,
Hank Jones, Richard O'Neal, Harold Taylor and Francisco Torres ­ were
released on bail; and on Feb. 7, 2008, the charges against Richard
O'Neal were dropped. Herman Bell and Jalil Muntaqim have remained the
entire two and a half years in county jail, having been transferred
from New York, where they had been political prisoners for over three
decades. Both men are now headed back to New York, eager to attend
their parole hearings there, after taking plea bargains for lesser charges.

Last Monday, June 29, Herman Bell accepted the prosecution's offer.
He'd been identified as the shooter of the SFPD officer in 1971 by
Ruben Scott, whose testimony was obtained through torture and thrown
out for that reason. In January 2007 when the eight men were
arrested, Ruben's testimony was reintroduced, and it was, I guess, on
the basis of this flimsy charge that the prosecution offered Bell a
plea bargain. Bell accepted the bargain, pled guilty to the lesser
charge of manslaughter, and the other charge against him, conspiracy,
was thrown out.

One week later, on Monday, July 6, the long awaited beginning of the
preliminary hearing to determine whether the SF 8 case would proceed
to trial, I raced across the bridge to 850 Bryant, San Francisco's
so-called Hall of Justice, expecting ­ though somewhat skeptically ­
to hear some evidence. Whose hat this evidence was going to magically
appear from remained to be seen. Lots of folks were out for the
spectacle, but instead of a quiet presence in court, there was a
tailgate party in the hallway that spilled over into the courtroom.
It was really cool ­ we were a wild, rowdy, loud bunch. We even
tempted fate and heckled.

An 8 a.m. rally, complete with a band, where hundreds, I'm told,
paraded in the street, had opened the show, with everyone chanting
"DROP THE CHARGES!" I think the prosecution heard the demands (I am
sooo kidding). When the hearing began two hours late, about 11 a.m.,
the over 70 supporters who'd been able to wait that long filed into
the courtroom. I brought up the rear and had to sit on the opponents'
­ the prosecution's ­ side of the room. I began my reflections: "I am
sitting in enemy territory next to Nadra (Foster) and Gerald and some
law student in a suit taking notes like me."

Jalil Muntaqim was in perfect view. He didn't wave or lift his fist
like Herman did last week. I also noticed chains around his waist
which I hadn't noticed on Herman, but the chains might have been there.

Jalil had glasses sitting on his bald dome, which he moved to his
face when he began to read. He looked strong and determined as his
attorney, Daro Inouye, read a prepared statement following the
prosecution's offer of reduced charges stemming from the events of
Aug. 29, 1971; Muntaqim was accused of conspiracy to commit murder.
These charges also applied to the other men seated across from him ­
Harold Taylor, Richard Brown, Ray Boudeaux, Henry "Hank" Jones and
Francisco Torres ­ and Muntaqim stipulated that the charges be
dropped for everyone in one swoop.

What was amazing about the hearing Monday was the prosecution's
admission that it didn't have enough evidence to convict these men.
Duh! What took them so long to figure this out?! It took them almost
three years to realize that the reason why justices kept throwing the
case out was for this very reason. So as Inouye said of Jalil
Muntaqim, who pled no contest to the prosecution's charge of
conspiracy, his client picked up a loaded grenade to save his
brothers, his friends, his fellow defendants, and he didn't plead
guilty. That language did not pass his lips.

Judge Philip J. Moscone said "no contest" means "guilty," but this
was his interpretation. No contest to me means, I am not going to
argue with you. I am not admitting anything; I am just going to let
the charge stand without a fight or without protest.

Jalil's magnanimous gesture shows how much love and respect the men
known as the SF 8 have for one another and for the people they want
to continue to serve.

As I listened to the legal jargon, trying to keep up, I heard the
defense repeat the prosecution's declaration that, if accepted, the
murder charge would be reduced to manslaughter, and the conspiracy
charges dropped for Jalil as well as for Richard, Hank, Harold and
Ray. The dismissal did not apply to Francisco Torres, who was accused
separately of conspiracy and offered a deal, which he declined. He
plans to fight.

In an 11th hour effort to salvage its case, the prosecution now
claims that it found a fingerprint match on a cigarette lighter
allegedly found at the scene. Thirty years ago numerous experts
excluded Torres and all the other defendants for a match with the
print. The supposed experts are now changing their stories according
to Soffiyah Elijah, a friend and attorney familiar with the case.

In the hallway after the session's dismissal, supporters said the
prosecution would probably drop the charges before the Aug. 10 date
for Torres' hearing, 9 a.m., also at 850 Bryant in San Francisco. We shall see.

It was so good to be a witness to this show of love and support. The
revolutionary fraternity brought together many arms of the Bay Area
movement for social justice. I saw Kiilu Nyasha for the first time
since her illness, hospitalization and 70th birthday party. She
looked great! I saw Terry Collins of KPOO for the first time since
his stay at the hospital a couple of weeks ago. He looked great too.
Nadra Foster was also there; she looked much more rested than the
last time I saw her. Her kids are in Freedom School this summer.

Pierre Labossiere and other members of the Haiti Action Committee
gave me a birthday hug. I got a chance to catch up with poet-activist
Nellie Wong, my friend Joan from my anti-apartheid activism days with
the Vukani Mawethu Choir, colleagues like Leslie from Peralta
Community College District, Javad from the Malcolm X Grassroots
Movement, poets and writers like Mickey Ellinger, Gerald from the
Justice for Oscar Grant January 1st Movement. Mama Ayanna Mashama and
her husband, Mestre Temba Mashama, Capoiera N'Gola, were there, back
from a cross country jaunt … yes, how fun.

I met a woman who is working with Kevin Cooper, a death penalty
activist on San Quentin's death row. Of course former Panthers were
everywhere one looked. As I waited to enter the building in an
exceptionally long line winding down the block in front of the
courthouse, once I made it in, I saw former Minister of Culture Emory
Douglas in line and we went up to the third floor together. Emory has
a big show opening in New York July 21 and then he is off to New
Zealand for two months for an artist's residency and then on to
Australia. We're going to see how we can have him on the radio show
while he is traveling, so stay tuned.

Attorneys for the SF 8 and a few for Herman Bell whom I'd seen last
week were also in court Monday. The legal team all had a lot in
common: They were also members of the movement for social justice
and, as Daro Inouye said, this is why he and the others went into law
in the first place. Media was there ­ film, TV and radio, KPFA, KTVU,
SF Bay View and others whose names I didn't catch.

Microphones were stuck in a lot of folks' faces and some of the men
told me they'd get up early Wednesday to speak to me about what
happened today and what it meant for the SF 8 case and what were next
steps in this movement for justice. They just can't seem to retire,
even if they wanted to, and they don't.

Unlike last week, where we all fit on the good side of the room, this
time we didn't and, unlike last week, we were, as I said, a rowdy
bunch. It felt really great, except for Gerald's noisy plastic
wrapper in his lap which made it hard to hear at times. But I guess I
couldn't complain when my stomach kept growling. I'd skipped
breakfast to drive to San Francisco so I wouldn't be too late. I
found a cheaper parking lot this week ­ $8 ­ but Javad beat me with
$6 and Omar beat us both with "free."

Scott Braley, who had told me about last week's hearing, was absent,
so I felt obliged to take lots of photos, playing with flash and
natural lighting. I got a few good shots, posed and not posed.

I am still excited. It was like, justice wasn't necessarily served,
but something good and noble and unexpected for a lot of us happened.
I liked the way Jalil's legal team advocated for their client,
speaking on his behalf when the judge asked for comments. It was a
total charge, where last week was kind of bitter sweet. It helped
that all the men were there, whereas last week Richard Brown had to
carry the team spirit for comrade Herman Bell.

Kiilu said she wasn't completely surprised because she spoke to Jalil
last Friday and put in a call to Cisco, but I was.

I wonder, after all the wasted tax dollars, what was the point of
dragging this case back into court to be lost again? What was this an
exercise in? The only good is that no one will ever forget the face
of domestic torture and the cases of Jalil Muntaqim and Herman Bell
and by extension the cases of so many political prisoners and prisoners of war.

SF 8 puts an entirely different spin on Free 'Em All!

The bailiff shushed the audience when some protested loudly as the
prosecution's lead attorney went on and on vilifying Jalil to justify
his refusal to hear the defense request to reduce a 12-month sentence
to time served. Whatever! It was granted anyway.

There was even a deputy in the audience with us, I guess to handle
things if we got rowdy ­ which as I said we did ­ something else I
hadn't seen before in the sessions I'd attended this week or last or
even two years ago when the hearings first started and the men were
incarcerated at the 850 Bryant corral.

Listen to Wanda's Picks Wednesday, July 8, 6 to 8 a.m., for an
interview with men from SF 8: Richard Brown, Ray Boudreaux and
perhaps Harold Taylor and Hank Jones. Francisco Torres' attorney
Charles Bourdon and perhaps Daro G. Inouye, Jalil's attorney, will
also join us (he hasn't confirmed) and I will have a prerecorded
interview with Kiilu Nyasha about Jalil Muntaqim and her involvement
in the PP and POW movement.

From his website, Jalil wrote on March 23, 2007, before he was
extradited from Auburn, New York, to San Francisco that he will
continue to advocate for justice and encourages students to organize
Jericho chapters on their college campuses and to write Congressman
Conyers ­ and I would submit he'd probably update the list to include
President Obama ­ regarding the results of the Church hearings,
urging that illegal government surveillance and sentencing based on
such evidence be addressed and remedied with restitution for those
wronged. He is a warrior in the truest sense of the word and, like a
warrior, his allegiance is to his community whom he strives to serve
and protect at all costs.

In his March 23, 2007, Extradition Statement, Jalil Muntaqim wrote:

"Despite it all, after 35 years of imprisonment, I remain strong and
will resist every step of the way the efforts of Homeland Security
and the Patriot Act initiatives to stifle dissent. I am confident
that, with strong support from progressive peoples across the country
and overseas, the SF 8 will be successful, and the state will suffer
defeat. We will have a true people's victory.

"It will be a victory against fear and state terrorism; it will be a
defeat against state torture tactics, threats and coercion. This case
will teach today's activists what to expect from the State in its
efforts to prevent dissent and protest of government repression. It
will forward a broader understanding of what happened in the movement
of the '60s and '70s and how COINTELPRO disrupted and destroyed the
most viable Black political party that emerged out of the civil
rights movements. Ultimately, this case will tell of a militant youth
movement and how the government sought to destroy it, and today seeks
to retaliate because those youths did in fact rebel against
oppression and repression not only in their communities, in an
international determination in support of all oppressed peoples
fighting against colonialism and imperialism at that time.

"So, to organize and fight back against this nefarious persecution of
the SF 8, I urge all to organize and sponsor educational programs in
your community and invite Jericho representatives and the Committee
in Defense of Human Rights to speak about the case of the SF 8 and
other U.S. political prisoners. Furthermore, I ask that progressive
folks seek to organize a Jericho (Amnesty Movement) chapter on
college campuses and in your communities. I urge that letter writing,
phone and fax campaigns be initiated directed to Congressman John
Conyers, demanding that he conduct the reopening of COINTELPRO
hearings. There are many COINTELPRO victims languishing in prison,
and while the Senate Church Committee in fact decided the FBI's
COINTELPRO activities were unconstitutional, the Senate Church
Committee never established remedies for COINTELPRO victims.

"They are trying to rewrite history and deny the legacy of the
BPP/BLA (Black Panther Party and Black Liberation Army), and
essentially with a broad paint brush label all those involved in
those struggles as 'terrorists,' 'criminals' and 'wanton killers.'
They will never say those youths were revolutionaries, freedom
fighters and progressive organizers. They will never say they sought
to relieve the community of all forms of state sponsored terrorism
that is too often found in Black and Hispanic communities today. They
will never talk about the over 30 Panthers that were killed by police
across the country and no one being prosecuted for these murders.
They will never admit to the unconstitutional practices of the FBI
COINTELPRO activities.

"The task for all of us is to raise consciousness about U.S.
political prisoners and build a durable and determined Jericho
Amnesty Movement to ensure all of our victory against state tyranny
and terrorism."
--

Bay View Arts Editor Wanda Sabir can be reached at wsab1@aol.com.

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