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Mumia Abu-Jamal Remains the Voice of the Voiceless

By Abayomi Azikiwe
Editor, Pan-African News Wire
Black August Series No. 2

After 40 years of incarceration the “voice of the voiceless” remains a focus of international attention

Mumia Abu-Jamal

Mumia Abu-Jamal speaks at a memorial for Fred Hampton in Philadelphia. Source : commonnotions

During the late 1960s, Mumia Abu-Jamal became a youth activist in the city of Philadelphia where a succession of racist police chiefs engaged in widespread abuse against the African American community.

Philadelphia has a centuries-long history of African self-organization dating back to the late 18th and early 19th centuries when the Free African Society, African Methodist Episcopal Church (AME) and other institutions were formed by Richard Allen, Sarah Allen and Absalom Jones.

During mid-19th century, the Philadelphia Anti-Slavery Society provided avenues for men and women to build support for the Underground Railroad and the movement to completely eradicate involuntary servitude in the antebellum border and deep southern states. By the 1960s, the city became known as one of the first municipalities where African Americans would rise up in rebellion on the north side during the late August 1964.

Max Stanford (later known as Muhammad Ahmed), a co-founder of the Revolutionary Action Movement (RAM) in 1962, was from Philadelphia. RAM proceeded the Black Panther Party (BPP) and sought to form an alliance with Malcolm X (also known as El Hajj Malik Shabazz), a leading spokesman for the Nation of Islam and later the Organization of Afro-American Unity (OAAU). RAM advocated for the development of a revolutionary movement in the U.S. and consequently became a target of the Justice Department.

In 1969, Mumia joined the Black Panther Party at the age of 15 when the organization was deemed by the then Director of the Federal Bureau of Investigation (FBI) J. Edgar Hoover as the “greatest threat to national security” in the United States. The Counterintelligence Program (COINTELPRO) had a special division which was designed to monitor, disrupt, imprison and kill various leaders and members of African American organizations from the Southern Christian Leadership Conference, Student Nonviolent Coordinating Committee, the BPP as well as a host of other tendencies. Documents released under the Freedom of Information Act (FOIA) since the mid-to-late 1970s indicate that the BPP was a principal target of the U.S. government and local police agencies.

Why was the BPP considered so dangerous by the leading law-enforcement agency inside the country? In order to provide answers to this question it must be remembered that between 1955 and 1970, the African American people led a struggle for civil rights and self-determination which impacted broad segments of the population in the U.S. helping to spawn movements within other oppressed communities.

The Black Panther Party was first formed in Lowndes County Alabama in 1965. Its origins grew out of the organizing work of the Student Nonviolent Coordinating Committee (SNCC), whose field organizer, Stokely Carmichael (later known as Kwame Ture) was deployed to the area in the aftermath of the Selma to Montgomery march in late March of the same year. Working in conjunction with local activists, an independent political party was formed known as the Lowndes County Freedom Organization (LCFO). The group utilized the black panther as its symbol while rejecting both the Republican and Democratic Party. 

In subsequent months, there were other Black Panther organizations formed in several cities including Detroit, Cleveland, New York City and other urban areas. In Oakland, California during October of 1966, Huey P. Newton and Bobby Seale founded the Black Panther Party for Self-Defense. 

This movement represented an emerging phase of the Black liberation struggle where there were calls for armed self-defense, mass rebellion and the political takeovers of major municipalities by those who had been excluded from the reins of official power. Thousands of African American youth flocked to the Black Panther Party viewing the organization as a symbol of uncompromising resistance to racism, national oppression and economic exploitation.

Mumia and the BPP

Although the BPP was projected in the national corporate media as gun toting militants willing to use weapons against the police when they were threatening the Party and the community, most of the work of the organization revolved around distribution of its weekly newspaper, the establishment of free breakfast programs for children, community health clinics for the people in the most oppressed areas of the African American community while building alliances with revolutionary forces among other sectors of the population including, Puerto Ricans, Mexicans, Asians, Native Americans and whites committed to fundamental change within U.S. society.

Mumia noted the diversity of programmatic work during his tenure in the BPP of the late 1960s and early 1970s in his book entitled “We Want Freedom”: “As the Breakfast program succeeded so did the Party, and its popularity fueled our growth across the country. Along with the growth of the Party came an increase in the number of community programs undertaken by the Party. By 1971, the Party had embarked on ten distinctive community programs, described by Newton as survival programs. What did he mean by this term? We called them survival programs pending revolution. They were designed to help the people survive until their consciousness is raised, which is only the first step in the revolution to produce a new America.… During a flood the raft is a life-saving device, but it is only a means of getting to higher ground. So, too, with survival programs, which are emergency services. In themselves they do not change social conditions, but they are life-saving vehicles until conditions change.” (https://www.commonnotions.org/blog/tag/Mumia+Abu-Jamal)

On December 4, 1969, the Chicago police under the aegis of the Illinois State’s Attorney Edward V. Hanrahan and the Chicago field office of the FBI, raided the residence of BPP members on the city’s west side. Two Panther leaders, Fred Hampton and Mark Clark were killed while several other occupants of the house were wounded. 

These police actions along with hundreds of other attacks on BPP chapters across the country resulted in the deaths of many Panther members and the arrests and framing of hundreds of cadres. Numerous BPP members were driven into exile as others were sentenced to long terms of imprisonment. 

The Voice of the Voiceless from the Streets to Death Row

On December 9, 1981, Mumia was arrested in Philadelphia and charged with the murder of white police officer Daniel Faulkner. He was railroaded through the courts and convicted on July 3, 1982. The following year, Mumia was sentenced to die by capital punishment. He remained on death row until 2011 after an international campaign to save his life proved successful.

However, his death sentence was commuted to life in prison without parole. Mumia and his supporters have maintained that he is not guilty of the crime of killing a police officer. 

After his sojourn in the BPP, Mumia utilized his writing and journalist skills learned in the Party to become a formidable media personality in Philadelphia. He was a fierce critic of police brutality and a defender of the revolutionary MOVE organization which emerged during the 1970s in the city. 

Mumia was a co-founder of the Philadelphia chapter of the National Association of Black Journalists (NABJ) in the 1970s. He worked as a radio broadcaster and writer exposing the misconduct of the police surrounding the attack on the MOVE residence in August 1978. In 1979, he interviewed reggae superstar Bob Marley when he visited Philadelphia for a concert performance.

While behind bars Mumia has become an even more prolific writer and broadcast journalist. He issues weekly commentaries through Prison Radio where he discusses a myriad of topics including African American history, international affairs, political economy, the deplorable conditions existing among the more than two million people incarcerated in the U.S. along with police misconduct. (https://www.prisonradio.org/correspondent/mumia-abu-jamal/)

A renewed campaign entitled “Love Not Phear” held demonstrations around the U.S. and the world during the weekend of July 3 marking the 40th anniversary of his unjust conviction in 1982. Love Not Phear says that it is committed to the liberation of all political prisoners including Mumia Abu-Jamal.

An entry on their website emphasizes that: “The landscape has changed over the last 40 years, a time frame that also marks the years Mumia has been incarcerated. The fight for the release of political prisoners requires a recalibration in order to challenge police corruption and racism as they have evolved in this new landscape. We cannot deny the racism, corruption, and misconduct that permeated the so-called ‘Halls of Justice’ during Mumia’s arrest and unjust kangaroo court trial. The people today know the truth; commonplace bribed witnesses, suppressed evidence, biased judges, and backroom deals put Mumia behind bars.” (https://lovenotphear.com/)

Mumia through his attorneys have filed another appeal based upon evidence related to prosecutorial misconduct which has been further revealed over the last four years. The hearing will take place on October 19 in Philadelphia. Supporters of Mumia and other political prisoners will attend the hearing in this latest attempt to win the long-awaited freedom for this activist who is now 68 years old

source: https://borkena.com/2022/08/17/mumia-abu-jamal-remains-the-voice-of-the-voiceless/

While Claiming to Defend Freedom Around the World, the U.S. Has Dozens of Political Prisoners—and the Majority are People of Color


[Source: newblackmaninexile.net]

Racism is still the driving force behind U.S. political imprisonment

Political imprisonment in the United States exists primarily as a tool of racist repression. It is aimed disproportionately at people of color, as well as others engaged in anti-racist struggle. Whether in the fight against racism at home or against racist foreign policies, wars, occupation and colonialism, the overarching purpose of political imprisonment is to intimidate and try to crush militant forms of anti-racist struggle.

By treating U.S. political prisoners as “common criminals,” the criminal justice system individualizes each case as if they are somehow separate from their social contexts. This ignores root causes and impedes the development of political solutions to the underlying issues for which people have been arrested.

Readers can discern for themselves what is revealed in the findings presented here, and in the US Political Prisoner list this article analyzes. The large number of people of color and others involved in the anti-racist struggle arrested for their activities is sadly predictable. Our entire history and existing political and economic institutions are founded and advanced squarely on the foundations of racism.amertkan political prisoners

The problem is the entire U.S. social, political and economic apparatus. It’s the system that must change. Only when that happens will political prisoners find justice and true liberation in the U.S. We fight for the liberation of Leonard Peltier and Mumia Abu Jamal. But as wonderful as winning freedom for individuals may be, without a political solution, little is accomplished regarding the causes for which these prisoners have sacrificed their freedom.A poster with a group of people

Description automatically generated with low confidence[Source: syracuseculturalworkers.com]

Not all U.S. political prisoners are in jail for explicitly anti-racist struggles. There are those in prison for opposing the whole fabric of militarism and war, women who have defended their bodies from abuse, striking blows against patriarchy, and eco-defenders.

Recognizing the racism that permeates U.S. political imprisonment does not diminish the validity of the struggles for which they were arrested. Without exception, racism and anti-racism is a factor in every facet of U.S. popular movements. For instance, all anti-war and anti-imperialist struggle has a fundamentally anti-racist aspect. The one existing imperial power in the world today is the U.S./NATO Empire, an Empire centered among mostly White nations, in service to global capitalism and western geopolitical hegemony. That Empire is the primary global purveyor of the exploitation and dispossession of Black, Indigenous, and other colonized peoples in the nations of the Global South.

We further recognize that we can and must look to anti-racist struggles, especially Black and Indigenous liberation, for guidance, lessons, and leadership, regardless the area of activity. The Alliance for Global Justice analysis published August 5, 2020 (which this paper updates), explains that,

“…We are convinced that African people, including the African diaspora, play a leading role in all revolutionary and transformational struggles. African and Indigenous peoples have been specially targeted for repression and exploitation from the very beginning days of the global spread of capitalism. Today, in the U.S., the movement for the rights and self-determination of Black people has, above all else, shown that it is not a temporary struggle but that it has staying power.

There is a thread that connects the struggles of the very first enslaved people through the historic Civil Rights Movement to the… Black Lives Matter uprisings today. The struggle for Black liberation in the U.S. is huge, mature yet young: multigenerational, experienced, politically savvy, and enduring. The successes of Black liberation struggles have always, in every instance, opened the way for other struggles. The struggles against slavery and for Black voting rights led directly to the women’s suffrage movement. The Civil Rights Movement was a foundation for an endless list of struggles, including anti-war, anti-poverty, women’s rights, Latin American and Asian liberation movements, disability rights, gay rights, and more. (Indigenous defense of the land and its people is, of course, the oldest movement in resistance to Empire in the Americas.) Thus, we can say that the prominence of African heritage political prisoners in the U.S. is a situation that concerns all of us.”

AFGJ has maintained a list of U.S. Political Prisoners since 2013, when Stan Smith of the Chicago Committee to Free the [Cuban] Five put that list together for the first time, counting 38 U.S. Political Prisoners. Due to a lack of capacity at the time, we did not undertake an update again until 2018, when we were able to hire Nasim Chatha to help us organize a new comprehensive and updated list. Nasim had been our intern in 2012 and had written some of our pioneering work on the related theme of Prison Imperialism. (Prison Imperialism focuses on the export of the US mass incarceration model to other countries.)

Ours is not the only political prisoner list, and we have always consulted the work of others while augmenting those with our research. We have especially relied heavily on the advice and feedback of Claude Marks from the Freedom Archives and have regularly referenced the Jericho Movement, the Nuclear ResisterEarth First!, and the Anarchist Black Cross.

How we define who is a “political prisoner” is a classification always open to debate. We note that some organizations, such as the Jericho Movement, do not list people as political prisoners unless they have asked or agreed to be so listed. As we noted in our 2020 report,

“There is a concern that prisoners may experience further targeting and harassment as a result of attention brought by well-meaning supporters. We very much respect that. For our purpose, we are trying to build a comprehensive list that reflects the overall extent and reality of politically motivated arrests in the United States. We are not involved in direct advocacy. For political prisoners who have specific solidarity campaigns, we have tried to provide links. If there are no advocacy organizations linked, they may not exist or be wanted.”

We are not attempting to maintain a complete list of all U.S. political prisoners. Instead, our list is of U.S. political prisoners who are also prisoners of Empire (PP/POEs). There are, for instance, animal rights activists whom we do not include. A person arrested for direct action against the inhumane conditions suffered under the conditions of factory farming, or to liberate animals from pens where there is no freedom of movement, is not included, unless there is some element directly related to the struggle against the underpinnings of Empire.Home | Jericho Movement[Source: thejerichomovement.com]

Even under socialism, under nations in resistance to Empire, sometimes even under locally autonomous communities, there are animals kept and exploited under conditions that can only be described as cruel. But one cannot simply blame Empire for this, even when and if it exacerbates the problem.

How, then, do we define political prisoners who are also prisoners of Empire? Our August 5, 2020 report on political prisoners states:

“Our definition of political prisoners refers to people who are incarcerated for alleged crimes related to resistance and liberation from repression. We believe that these cases should not be treated as isolated, ‘common’ crimes, but [cases that] require a political solution. In many cases, those in jail are there because of false allegations or because they were framed and railroaded through the courts. Our list is not only of political prisoners, but also of what we term “prisoners of Empire.” By that, we mean people who are jailed because of activities that constitute a direct challenge to the national and international dominance of U.S., NATO, and transnational capitalist imperialism.”

We also note in our listing that,

“…political prisoners […] require a political solution […] Whether the circumstances of the alleged crimes are true or false, we strenuously reject the individualized and out-of-context treatment of these cases as simply ‘common crimes.’ Our listing of these prisoners does not constitute an endorsement of the tactics or immediate goals of every individual. We also recognize that people have a right to resist oppression, and the failure to do so can be, itself, a crime against the people. In many cases, those arrested have been set up, falsely accused, railroaded, and/or denied adequate defense and basic human rights. More often than not, they have received harsher sentences than usual because of the political nature of their activities.”

Although the origins of our PP/POEs list date back to 2013, this is only the second comprehensive analysis we’ve published. The first analysis was in response to the 2020 uprising sparked by the extrajudicial killing of George Floyd. We admit that what we have could be significantly augmented.

We need another major and exhaustive review of the definitions, criteria, and categories we employ. Towards that end, we’ve established a committee that will spend the next year revising all aspects of the list. This is an ongoing process, and if you have suggestions for improvements, we want to hear what you have to say. Feel free to send your suggestions to James@AFGJ.org.

One must also look at the back stories behind the numbers and trends. For instance, in 2018, we listed 50 political prisoners. After several minor revisions in the interim, in which the total was steady, we published a major update in August of 2020, following the peak of the 2020 uprising. We found that after the 2020 uprising, the number of PPs/POE had risen by 12.28% to 57.

As of the present moment, the number has diminished to a count of 55 U.S. PP/POEs, as of August 10, 2022. The decline in the overall number can be attributed to paroles, completed sentences, as well as deaths, of several PP/POEs. Especially, over the past two years, several Black PP/POEs arrested in crackdowns during the previous century have died in prison or been released after decades behind bars. These include the MOVE 9 and participants in historic Black liberation struggles, both armed and unarmed.

In 2020, we found 38.60% of PPs/POE were Black, and just over 72% were people of color. Today, the percentage of Black PP/POEs has dropped to 34.55% (19), while the overall number of people of color who are PPs/POE has dropped to 69% (38). Of the other PP/POEs who are people of color, 10.9% (6) are Latino; 5.45% (3) are North “American” Indigenous; 3.64% (2) are Asian-American (non-Arab, Middle Eastern, or Central Asian); and 16.36% (9) are Arab, Middle Eastern, African Muslim, or Central Asian (one PP/POE is of Pakistani heritage, and one PP/POE is included under both Latino and Arab, ME, etc.-heritage categories).

As for the last category, we have included these together because we’ve found it difficult to find statistics related to these specific ethnic groups. Instead, we find the closest readily available statistics have to do with Muslims in prison—and Muslim is not an ethnicity and can include people from all over the world, including those who are not necessarily people of color.

Although Muslim or perceived-as-Muslim peoples are not ethnicities, they are discriminated against as if they were, targeted as a class because of their actual or perceived religious identification. Similarly, prison population statistics regularly confuse the count of Latino prisoners by counting most of them simply as “white.”

To understand the racism revealed in these percentages, we must compare them to the demographic percentages of the US population as a whole. Respectively, we find that the U.S. general population is 13.6% Black, 18.9% Latino, 1.3% Indigenous, and 1.1% “Muslim.”

The racist application of the “criminal justice” system is a feature of the entire system, not just of political imprisonment, which itself reflects a larger reality. For instance, we find that Black persons are incarcerated at a rate 3.5 times higher than that of Whites.Progression from slavery to mass incarceration in US history[Source: benjerry.com]

We need to place the differences and the total number of PP/POEs within context. Among the U.S. PP/POEs, it is significant that just over 14.55% (8) of the total are those incarcerated for their activities during the 2020 Uprising. There are also still two PP/POEs that remain in jail for activities related to the Ferguson uprising in 2014, following the extrajudicial killing of Michael Brown. If we add those together, we find that 18.18% of U.S. PPs/POE have been jailed in relation to charges stemming from the birth and continued growth of the Black Lives Matter movement.Michael Brown: Missouri police officer who killed the 18-year-old faces no  charges | CNN[Source: cnn.com]

How do we determine who and how many are PPs/POE because of anti-racist struggle? We count 22 of 55 PPs/POE, or 40%, arrested for domestic anti-racist actions. As an international solidarity organization, AFGJ is keenly aware that U.S. foreign policies and international relations are extensions of the same policies, attitudes, and actions that drive domestic racism. U.S. wars, sanctions, blockades, and Prison Imperialism are overwhelmingly wielded against nations with a large majority of people of color, countries of the Global South. We find that 11 PPs/POE are in jail for actions of international solidarity with specific nations targeted by Empire (as Noam Chomsky defines it, “an integrated policy of U.S. military and economic supremacy”).

Another 8 are people involved in activities of self-determination, liberation, and defense of their territories from occupation, war, sanctions, and blockades.

Among them are Simon Trinidad from Colombia, Ivan Vargas from Colombia, Alex Saab from Venezuela, the Virgin Island Three, Mun Chol, Myong, and Leonard Peltier (in defense of the Lakota nation in occupied South Dakota). Together, these represent 34.55% (19) of those engaged in struggle directly against the international application of U.S. racist and political repression. When we combine those arrested for domestic and international resistance to U.S. racism, we find that 42 of 55 PPs/POE, 76.36%, are incarcerated for acts of anti-racist resistance.

In other words, more than three quarters of US/POEs are in jail for activities that can be described as anti-racist.Simon Trinidad, a trophy by way of extraditionSimon Trinidad [Source: prenasural.comNoDAPL Water Protector Michael 'Rattler' Markus Sentenced to Federal Prison  - UNICORN RIOTMichael “Rattler” Markus [Source: unicornriot.ninja]

We also count 5.54% (three) PP/POEs jailed for eco-defense. 7.27% (four) were arrested for activities generally or directly opposed to U.S. militarism and wars. 7.27% (the Cleveland Four) are in prison for generalized resistance to the U.S. political system and global capitalism. 3.64% (two) women are in jail for defending themselves from their abusers or rapists.

As for the last category, the reality is that there are hundreds if not thousands we might include in that category. We need to pose several questions and investigations to determine who and how many of these there are and who, if not all, could be considered Prisoners of Empire. We ask the reader to be patient with us as we delve into this complex and challenging area of research for next year’s report.

For now, we include Maddesyn George and Fran Thompson as emblematic cases for which we know there is a much higher total.Maddesyn's Story — FREE MADDESYN GEORGEMaddesyn George. She is a native woman sentenced to six and a half years in prison on manslaughter charges after she defended herself against a white man who raped and threatened her life. [Source: freemaddesyn.org]

We also note that there is overlap in some of these categories. For instance, Fran Thompson is included as a woman arrested for self-defense and an eco-defender, exacerbating her prosecution and sentencing. There are other cases where people are counted in more than one category.

At the 2013 Tear Down the Walls conference in Tucson, Arizona, Margaret Prescod of Global Women’s Strike argued that all those interned under the inherently racist and classist U.S. model of mass incarceration are political prisoners. That may not be our definition, but who can honestly claim she was wrong? Tutorial At HomeAna Belen Montes [Source: tutorialathome.inFranThompsonFran Thompson [Source: kansascityabc.wordpress.com]

In our list of classes of political imprisonment, we include those held in immigrant detention centers and those still held in occupied Cuba at the Guantánamo prison. But they are not counted among the 55 PPs/POE that we document.

We do know this—even if we added the 36 inmates in Guantánamo, the thousands held in immigrant detention centers, the many women jailed for defending themselves against their rapists and abusers, and, therefore, in resistance to the patriarchal underpinnings of the Empire, these inclusions would only underscore what we already know: political imprisonment in the U.S. is a tool of racist as well as other easily identified forms of repression both at home and abroad, and all of these cases require political solutions, not individualized and decontextualized punishment.

Ultimately, systemic change is needed, which is another way of saying revolution.

source: covertactionmagazine.com

After almost 50 years, former Black Panther Sundiata Acoli to be released from prison

Sundiata Acoli, a former Black Panther member who was convicted of murder in 1974 and has been denied parole multiple times, will now be released from prison. The New Jersey supreme court has granted parole to Acoli, ruling that he was no longer a threat to the public.

85-year-old Acoli has been serving a life sentence for the 1973 murder of a New Jersey state trooper during a shootout in which Assata Shakur, the self-exiled aunt of Tupac Shakur, was also arrested. Shakur escaped in 1979 and fled to Cuba, where she was granted political asylum. Acoli had been eligible for parole since 1992 but had been denied so many times.

In the 1970s when the Black liberation fighters’ struggle was at its peak in the United States, it gave birth to militant groups like Philadelphia-based MOVE founded by John Africa in 1972 and the Black Panther Party founded in late October 1966 by Huey P. Newton and Bobby Seale. The Black Panthers’ militant wing was called the Black Liberation Army.

Acoli, a member of the Black Liberation Army, was on May 2, 1973, driving just after midnight when a state trooper, James Harper, stopped him for a “defective taillight”. Acoli was then in the vehicle with two others — Assata Shakur and Zayd Malik Shakur — who were also members of the Black Liberation Army. Harper was joined by another trooper, Werner Foerster, at the scene. Foerster then found an ammunition magazine for an automatic pistol on Acoli. A shootout ensued; Foerster died in the process and Harper was wounded.

Assata Shakur was arrested while Zayd Malik Shakur was found dead near the car. Acoli fled but was caught some hours later. Acoli and Assata Shakur were convicted of the murder of Foerster in separate trials. Acoli said he did not remember what happened as he passed out after being hit by a bullet. In 1974, Acoli was convicted of first-degree murder and sentenced to life with the possibility of parole after 25 years. Acoli became eligible for parole in 1992 but was not allowed to take part in his own parole hearing.

All in all, he has been denied parole eight times. His lawyer, Bruce Afran, said each time he is denied, the reason given is the same — “he hasn’t done enough psychological counseling; he doesn’t fully admit to his crime, or he hasn’t adequately apologized for it,” according to the Post. In 2014, a state appellate panel ruled that Acoli should be released, citing good behavior since 1996. The state Attorney General’s office however contested and the case was sent back to the board. Again, it denied Acoli’s request. Acoli started appealing that decision.

After being repeatedly denied parole, New Jersey’s Supreme Court has now voted 3-2 to overturn a parole board ruling, according to BBC. Acoli’s prison record has been “exemplary”, the judges said, adding that he had completed 120 courses while in prison, received positive evaluations from prison officials, and participated in counseling. The parole board had “lost sight that its mission largely was to determine the man Acoli had become”, the judges said.

Activists now hope that Acoli’s release would bring attention to other elderly members of the Black Panthers who are still imprisoned in the U.S

SOURCE: https://face2faceafrica.com/article/after-almost-50-years-former-black-panther-sundiata-acoli-to-be-released-from-prison?

Products Sold by Companies using Prison Labour

Products-sold-by-companies-using-prison-labor-from-letter-from-imprisoned-man-by-Jahahara, Celebrating International Workers’ Day!, Culture Currents News & Views

Other side of the walls! Several months ago, i received this powerful copy of a hand-written graphic from a young incarcerated brother. Please take a good read, act in truth and with justice and share with others. Amen. Asé. – Photo: Baba Jahahara

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.

Werner Foerster

New Jersey State Police Trooper Werner Foerster’s funeral in 1973.

Protest Police Terror & Tribute to Delbert Africa

Demand Freedom for Ed Poindexter!

Jalil Muntaqim’s Cousin Shy’an G is a Hip Hop Artist

Jalil has a young cousin,Shy’an G, who is a hip hop artist performing in the Bay area in California. He requests that we watch her performances and send her some support.

Here is her YouTube channel:

https://www.youtube.com/channel/UCWJ-SJI08HCM2pgYKTQVQEA/

Lots of talent in the Bottom family!

Sekou Odinga: ‘The right to struggle by any and all means’

These slightly edited remarks were given April 24 at the “U.S. Empire vs. Political Prisoners” webinar teach-in sponsored by Mobilization4Mumia and held in honor of the 66th birthday of political prisoner and revolutionary Mumia Abu-Jamal, incarcerated for 39 years by the U.S. state.

By Sekou Odinga

I’m a representative of the Northeast Political Prisoner Coalition and also a former political prisoner of war. I’ve been home for some five and a half years now. I’m honored to be here among so many other great folks to speak about political prisoners.

Let me start out by saying happy birthday to Mumia Abu-Jamal. We go way back. I don’t know if he remembers me when I was on the ground in Philadelphia, but I met him years ago with one of his leaders, Reggie Schell.

It’s important that we realize that, without our help, some, if not all, of our political prisoners will die in prison. Probably that’s something that most of us have already heard or know. So the question becomes: Well, what are we going to do about it?

I think this event is a great example of solidarity. The way we could all come together and speak about the things that are on our minds and wish brother Mumia a happy birthday. But we have to do something else. We have to do more — we need to really come together in solidarity.

The best resource that we have access to is people power. We need to commit to unifying and organizing the power of the people. There are hundreds, if not thousands, of people who already support freeing political prisoners, prisoners of war. We have to find a way to unify and organize ourselves to speak and to demand collectively the release of our political prisoners.

All the people, all the political prisoners, all the groups, committees, individuals need to come together under one banner to demand release of political prisoners. Maybe something like the Jericho Movement; maybe we can come together and organize ourselves and come up with something that we can all agree on.

Anyhow, we just have to! We just have to come together and do more than just talk. Talk is not enough. We need to do more. If we don’t, we’re dropping the banner for our political prisoners.

And all these governors talking about releasing nonviolent prisoners. We can’t allow them to take the narrative and decide how we can struggle. We have a right to struggle by any and all means, and we can’t consider our political prisoners criminals if they took to the battlefield. That don’t make them a criminal; that makes them a hero. We have to remember that.

(Credit: sekouodinga.com)

source: https://www.workers.org/2020/05/48701/

He was one of New York’s most famous prisoners. Now he’s one of its oldest—and most vulnerable.

Chesa Boudin as a boy with his dad, David GilbertCourtesy of Chesa Boudin

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San Francisco District Attorney Chesa Boudin was at home cooking on Saturday afternoon when his dad, David Gilbert, called from a prison in upstate New York. Boudin was glad to hear his father’s voice. But he was worried about his old man: Someone in the cell next to him had tested positive for the coronavirus.

At 75, Gilbert is one of the oldest prisoners in the state. Even calling his son is risky for him now, since hundreds of guys at Shawangunk Correctional Facility share the same phones to call home. Before dialing his son, Gilbert wrapped the receiver with an undershirt to avoid touching it to his face. He would hand-wash the shirt after returning to his cell.

As the coronavirus sweeps through the country’s prisons and jails, Gilbert is one of the tens of thousands of elderly inmates at high risk for complications. In New York, about 2,600 prisoners were at least 60 years old in 2018. A greater number have other serious underlying conditions. Now Gilbert is part of a group of vulnerable inmates petitioning a court to protect them from the deadly virus by releasing them early.

In 1981, when Boudin was just 14 months old, his mother, Kathy Boudin, and Gilbert—both members of the leftist Weather Underground group—were arrested for serving as getaway drivers during the notorious Brinks heist, which resulted in the deaths of a company guard and two police officers. Boudin was raised in Chicago by his parents’ professor friends, fellow Weathermen Bill Ayers and Bernardine Dohrn. He got to know his own mother and father through phone calls. They liked to tell him fictional adventure stories—Gilbert calling to share a chapter one day, and Kathy Boudin following up later with another. She was paroled in 2003, the year Boudin became a Rhodes Scholar. Gilbert received a longer sentence and has many years left in prison. Boudin visited him last November, on the same day he learned he had been elected as San Francisco’s DA.

Since then, the coronavirus has sickened at least 20 incarcerated people at Shawangunk, and 414 in other New York state prisons. Fifteen inmates have died. Nationally, the percentage of people in state prisons who are 55 and older more than tripled between 2000 and 2016, to 150,000 people, according to a recent Marshall Project analysis, which noted that for the first time ever, these older adults compose a greater percentage of the prison population than people between the ages of 18 and 24.

Gilbert is trying to be careful: He’s skipping some meals to avoid the crowded mess hall, and forgoing breaks outside and exercise in the yard. But his cell has a wall of bars that open onto a pathway, so he’s regularly within six feet of other people. “We’re really worried about him,” says Boudin, who notes that his dad has underlying medical problems, including hypothyroid disorder and damage to his digestive system, that have been exacerbated by the decades he’s spent in prison.

And the prison, Boudin argues, cannot keep his father safe. Social distancing is virtually impossible behind bars, and protective equipment and tests are in short supply. Because of this, many states have started releasing some people early, especially those who committed nonviolent crimes, are almost done with their sentences, and have medical conditions that put them at greater risk of complications.

But New York, an epicenter of the virus, has been relatively slow to let them go. Gov. Andrew Cuomo has resisted using his clemency powers to release people, leaving stacks of applications—including Gilbert’s—pending. The state has only freed 162 inmates, less than half of 1 percent of its prison population, in response to the pandemic. All of them were 55 and older and convicted of nonviolent crimes, with less than 90 days remaining on their sentence. By comparison, California, where Boudin is based, has let 3,500 prisoners go home early in response to the pandemic, or nearly 3 percent of its total prison population.

Gilbert and 21 other people in Ulster County prisons filed a habeas corpus petition for release on Monday with help from the Legal Aid Society of New York. The inmates argue their continued imprisonment during the pandemic, in facilities where they are at substantially higher risk of infection, violates the Eighth Amendment. “By design and operation, New York state prisons make it impossible for [them] to engage in the necessary hygiene, cleaning, and social distancing measures that experts implore all of us to take to mitigate the risk of COVID-19 transmission,” their petition states. Infrequent testing in New York prisons means the infection rate is likely much higher than has been reported. “In the absence of executive action by Governor Cuomo, courts must act to protect our clients’ constitutional rights to be protected from cruel and unusual punishment,” says Lauren Jones, their attorney.

Some of the prisoners who filed the petition are elderly and have served decades in prison; others have weakened immune systems from medication, cancer, or HIV, or struggle to breathe because of asthma, emphysema, or chronic obstructive pulmonary disease. One of the petitioners, Julio Rivera, reports that when he goes to his prison’s medical clinic to get insulin for his diabetes, he often encounters 20 or 30 other people there, and must stand closer than six feet next to some of them in line.

Another petitioner, Robert Drach, says that the medical unit where he receives chemotherapy also houses men who tested positive for COVID-19. Their family members worry they may not make it out of prison alive. “They deserve to get a second chance,” says Geannie Chalk, whose brother Richard Lee Chalk, 61, another petitioner, has atrial fibrillation, diabetes, asthma, hypertension, and sleep apnea. “There are nights my wife and I cannot even close our eyes” to sleep, says Roy Williams Sr., whose son Roy, 47, takes an immunosuppressive drug three times a day to treat his Crohn’s disease at Eastern prison, where 17 people have tested positive for COVID-19.

 Richard Lee Chalk is now incarcerated at Shawangunk prison.
Courtesy of Legal Aid Society

Gilbert and the other men in the petition argue they are not a public safety risk, and that continuing to lock them up is unnecessary during the pandemic. New York’s Department of Corrections and Community Supervision declined to comment on the pending litigation.

In the nearly 40 years that Gilbert has spent in prison, he has never once received a disciplinary infraction, according to his attorneys. And during that time, he has become a mentor to younger incarcerated men. Jerome Wright, a civil rights activist, first met Gilbert at Great Meadow Correctional Facility in the 1980s. The two men worked together to develop peer education classes in prison about the AIDS epidemic. “I was much younger than him, in my 20s, and he was instrumental in quelling a lot of fear that the younger guys had about the prevalence of HIV infection, how you got it, and the conspiracy theories,” Wright recalls. “He would talk to us about what we could do to protect ourselves and our family. Because of his calm, quiet way of talking and the celebrity he had in the fight for justice for Black and brown people, we would listen to him. He was one of the mentors that helped me develop as a young man.”

Boudin says his father has also influenced how he approaches his job as district attorney. When Boudin campaigned last year for office, after years working as a public defender, he made national headlines by pledging to request prison sentences only as a last resort—an unusual stance for a prosecutor. During the pandemic, he has tried to find alternatives to jail for people who are older or medically vulnerable. And he helped reduce San Francisco’s jail population by 40 percent since January. Crime has dropped too, and the infection rate in the city’s jails has remained relatively low, even with widespread testing: Three inmates have tested positive so far (all three during intake). In jails in Chicago and New York City, by comparison, hundreds have been sickened by the virus. Boudin hopes to convince Gov. Gavin Newsom to enact statewide policy changes that could help release more elderly and medically vulnerable people from prisons during the pandemic.

 Roy Williams Jr., top right, at age 13
Courtesy of Legal Aid Society

Boudin tends to condemn his parents’ crime. “There are three families that don’t have a father anymore because of the crime that my parents participated in,” he told NPR’s Terry Gross recently. (Gilbert was not armed during the Brinks heist and did not attack anyone, but received a 75-year-to-life sentence under New York’s felony murder law.) As a district attorney, Boudin also emphasizes that public safety is his top goal. But his father and the other aging, sick prisoners in Ulster County have long since rehabilitated, he says, and keeping them in prison needlessly puts them at risk of death without any benefit to the broader community. “They are not a public safety risk,” he says. “They have all served long prison terms—they’ve changed, they’ve grown old.”

Research shows that, overwhelmingly, people usually age out of crime: One study of New York prisoners who were 65 or older found that only 4 percent were convicted of another crime after their release, compared to 16 percent of men younger than 50. Studies in other states have shown even lower recidivism rates for the elderly.

His dad continues to call regularly with updates. It’s a strange feeling, fielding the calls from New York during breaks from his own work to get people out of San Francisco’s jails. “I grew up feeling largely powerless to help my father,” Boudin tells me. “And now I’m district attorney, and I have a really concrete power and responsibility.” He pauses: “It’s an intense contrast, to have the responsibility and power to make these decisions with regard to so many people who are accused of crimes in San Francisco—and to be so powerless when it comes to my father.”

source: https://www.motherjones.com/crime-justice/2020/05/he-was-one-of-new-yorks-most-famous-prisoners-now-hes-one-of-its-oldest-and-most-vulnerable/