In major reversal, N.J. Supreme Court orders parole of man convicted of murdering state trooper in 1973

By S.P. Sullivan – May 10, 2022

New Jersey’s highest court on Tuesday ordered the parole of one of New Jersey’s most high-profile prisoners, Sundiata Acoli, the Black Liberation Army activist convicted for the 1973 murder of New Jersey State Trooper Werner Foerster.

In a narrow 3-2 vote, the state Supreme Court reversed a decision by the state parole board denying Acoli parole, ruling there was not “substantial credible evidence” to support the board’s findings that his release presented a danger to the public.

“In light of Acoli’s verbal renunciation of violence as an acceptable way to achieve social change; more than two decades infraction-free in the federal prison system; the multitude of programs and counseling sessions he completed; his honor status as an inmate; his acquisition of vocational skills; and his advanced age, it is difficult to imagine what else might have persuaded the board that Acoli did not present a substantial likelihood to reoffend,” Justice Barry Albin wrote for the majority.

The gun battle on the New Jersey Turnpike in which Foerster was killed remains one of the most infamous cases in the Garden State over the last half century and Acoli’s parole petition has been closely monitored by both the law enforcement community and a network of supporters who say Acoli has repaid his debt to society.

The state had denied parole eight times over the course of decades, finding Acoli lacked remorse for the killing because, under questioning at his last hearing, Acoli posited that Foerster could have been killed by “friendly fire” in a lengthy interview.

Acoli’s supporters said he’s an 85-year-old grandfather with dementia, a “model prisoner” who poses no risk to the public.

While he has apologized for his role in Foerster’s murder, Acoli, formerly known as Clark Edward Squire, has claimed he was grazed by a bullet and blacked out during the shootout, and couldn’t remember the exact sequence of events.

It remains an open question who actually fired upon the trooper.

Acoli was in a car with Assata Shakur, then known Joanne Chesimard, when they and another passenger, James Costen, were pulled over for a busted taillight in 1973. Somehow, the routine stop turned into a gunfight that left Costen and Foerster dead and another state trooper, James Harper, wounded.

Shakur and Acoli were both convicted for Foerster’s murder, although Shakur escaped to Cuba, where she remains one of the FBI’s most wanted fugitives to this day. Acoli, meanwhile, has served the intervening decades in prison.

“He has lived in one of the worst environments in the world for 40 years without a single offense,” Bruce Afran, a civil rights lawyer who has taken up Acoli’s cause, said during oral arguments in January.

The state Attorney General’s Office had opposed Acoli’s release, saying he has not demonstrated remorse.

“Despite him saying he’d accepted responsibility and understanding, when pushed with what happens, he goes to blaming the victims here, the officers,” assistant attorney general Stephanie Cohen said during oral arguments earlier this year.

Advocates said Acoli, who first became eligible for parole in 1993, has been repeatedly denied parole because he was convicted of murdering a state trooper, which tarred his efforts at parole.

Under the law that was in effect when Acoli was sentenced, he is technically eligible for parole, but the state parole board ruled in 2017 that he showed a lack of remorse and remained too dangerous for release.