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Demand Freedom for Ed Poindexter!

Statement in Support of Pennsylvania Politikal Prisoners: Building Upon the Legacies of Political Prisoners to Bring Them Home

by Abolitionist Law Center and Amistad Law Project

As poor communities and communities of color continue to wade through a gauntlet of crises, it is encouraging to see movements and organizations building and seeking solidarity to wage a concerted rescue. It is for this reason that we must now, at this moment in our people’s historical arch of resistance and struggle, extend a last ditch lifeline to our movement’s political prisoners who are on their last legs and in many cases literally their last breath; and who as seniors constitute the most vulnerable among us. Our movement’s political prisoners, who, despite surviving countless hostile encounters with the state’s security forces, are on the verge of succumbing to old age and infirmities behind the walls and gun towers of the empire’s Prison Industrial Complex.

It is also encouraging to see one of the main issues of these communities — mass incarceration — come front and center in public consciousness. To see it be recognized as the continuation of slavery, and more folks be proud to bear the mantle of abolitionist, is heartening. We are witnessing a rising tidal wave of consciousness that has the potential of lifting society to a higher level of humanity. The need to reform or outright abolish the current legal system has never been as mainstream as it is today. Just as the abolitionist movement, the suffragist movement, the civil rights movement, and the Black Liberation/Black Power movement, were all thrusts to humanize this society, today’s criminal legal reform and prison abolition movements also have the potential to make this society more humane. This “mainstreaming” of criminal justice reform is the result of the tireless efforts of activists, families, and advocates not abandoning their loved ones and communities to the beast of mass incarceration.

However, today’s prison abolitionist and prison reform movement will fall woefully short of fully humanizing American society if it allows the issue of political prisoners to be perceived as a radioactive idea. Because of this reactionary and unfortunate perception among certain sectors of the reform movement, some of these political prisoners themselves have opted to be excluded from any reform or abolition campaign. They perceive themselves as radioactive to the fight. This is a sad resignation on the part of our greatest living champions of justice. This thinking has as much to do with the graciousness and self-sacrifice of our warriors behind bars as it does to the way the movement itself has allowed the idea of radioactivity, futility, and “lost cause,” to influence and infect its direction and sense of justice.

In Pennsylvania, Russell Maroon Shoatz, Fred Muhammad Burton, Joseph JoJo Bowen and Mumia Abu-Jamalhave languished in prisons for decades. They are now seniors and in poor health. Nationally, Ruchell Cinque Magee, Ramaine “Chip” Fitzgerald, Sundiata Acoli, Dr. Mutulu Shakur, Jalil Muntaquin, Ed Poindexter, Kamau Sadiki, Kojo Bomani Sababu, Leonard Peltier, Jamil Abdullah Al-Amin, Veronza Bowers, and Rev. Joy Powellare among the longest interned human political prisoners in the world. These are our Nelson Mandelas. They are all not just our elders, but now our elderly. They resist the passage of time, and the effects of long term solitary confinement, unconscionable abuses, and prison machinations, that have led to terminal illness in many of them. Not just every day that they make it through, but every breath that they take, is an act of defiance and preservation of dignity.

We believe that not seeing the movement to free political prisoners as part of the movement for criminal legal reform is partly the cause of the increased distancing and alienation of political prisoners from the criminal legal reform movement. This all has helped to increase the isolation of the movement to free political prisoners and have led to a costly loss of steam in that movement. There are also many within the mainstream criminal justice reform movement who don’t want it to be associated with the radical politics that define political prisoners. This distancing and alienation of political prisoners from the criminal legal reform and abolitionist movements, which they helped birth and gave thrust and vision to, is unacceptable.

As part of the movement for prison abolition and criminal justice reform the Abolitionist Law Center and Amistad Law Project rejects the idea, whether strategic or tactical, that political prisoners are radioactive to the fight for social and criminal justice. We are committed to a strong thrust to revive the campaign to free US political prisoners. However, we believe that this thrust and campaign must also incorporate a critical collective examination of the previous struggles of the Political Prisoner movement. This would fortify an analysis of contemporary conditions for the purpose of projecting a new vision for the political prisoner movement that is integral to the abolitionist and reform movement at large. This collective examination revolves around a recommitment to Restorative and Transformative Justice centered on healing, accountability, compassion and restoration. It would also recognize the harm suffered and the enduring harm that retribution causes to the families of political prisoners, the injured family’s parties, and our communities. This cycle must be broken.

The Abolitionist Law Center and Amistad Law Project are committed to supporting and helping to lead the fight for the release of Pennsylvania’s political prisoners through whatever legal means available and necessary, be it compassionate release, clemency, or pardons. We encourage prison abolitionists and prison reform movements to prioritize the cases of political prisoners. We will devote resources to the rebuilding of a Jericho Pennsylvania Chapter. Our support for Political Prisoners will not be conditioned upon guilt or innocence, nor will we prioritize or lift claims of innocence.

We believe that prioritizing the innocence of our political prisoners runs the risk of continually miring our efforts to get them released in the never ending retrying and relitigation of their cases. Our position is that our political prisoners have served enough time and it is time to bring them home. They have served over 40 years and are in their 70’s and 80’s. Many are among the longest held political prisoners in the world. Statistically, they are in the age group that poses no threat to the community or society at large. In fact, their continued incarceration serves absolutely no more purpose other than endless retribution. We believe that with over 40 years served we can firmly say retribution has run its course.

We call on the prison abolition and criminal justice reform movements, and supporters of Political Prisoners, to join with us in committing to the following points:

1.) Organize and support efforts for compassionate release of Political Prisoners through executive clemency and/or other means available.

2.) Provide letters supporting clemency for political prisoners from criminal justice reform groups and restorative justice advocacy groups.

3.) Obtain letters supporting compassionate release from state representatives and politicians representing our communities.

4.) Advocate for a reconciliation and restorative justice process between Political Prisoners and the victims in the cases for which they were convicted.

5.) Creation of space for political prisoners in the criminal legal reform campaigns, such as the campaigns to end life without parole/death by incarceration, to release aging prisoners, to include violent cases in the equation of criminal justice reform, and to release those human beings who are most vulnerable to the effects of COVID-19. This would include providing space for political prisoner cases to be represented on every movement organization’s agenda, including rallies and other actions.

6.) Establishment of a Pennsylvania chapter of Jericho to help consolidate and assist all campaigns to free the state’s political prisoners. 


Remembering a Panther


The last time I saw former Black Panther, incarcerated activist and poet, Wopashitwe Mondo Eyen we Langa, he asked me a question I didn’t fully understand. “Here’s a riddle for you,” he began, gap-toothed and grinning from his hospice bed. “If the speed of light is 186,000 miles per second and there are 5,180 feet in a mile and if the speed of sound is 1,100 feet per second, how long would it take you to see that you’ve heard something?”

It was the early afternoon of Super Bowl Sunday 2016, a few hours before Beyonce and her back-up dancers would take the field in Black Panther-inspired berets. I remember shrugging at Mondo’s question, bemused and a little frustrated. He’d posed the question to me before in postscript. “Wasn’t that fun?” he wrote in tight, minuscule cursive at the end of the first letter he sent me, his reply to my letter of introduction. I wasn’t the only one he’d put the question to. Mondo loved riddles and he recycled his repertoire shamelessly.

But what began as a nonsensical combination of stats morphed into a poignant and surprisingly simple sentiment, one that now seems impossible to have missed. How long would it take you to see that you’ve heard something? James Baldwin once wrote: “The poet or the revolutionary is there to articulate the necessity, but until the people themselves apprehend it, nothing can happen.” During the short time I knew Mondo we talked a lot about art and responsibility. He wrote his first poem in high school, at a point in his life when he was becoming interested in social justice, but was still a few years away from becoming a Panther, from being radicalized.

I met Mondo during the final year and a half of his life, visiting him in the Nebraska State Penitentiary. At the time of his death on March 11th, 2016, just over four years ago today, he had served 45 years in prison. I wrote about his case while a graduate student at the University of Iowa. Formerly known as David Rice, Mondo changed his name in the early 80s, an attempt to reclaim his African identity.

In 1971, he and his co-defendant Edward Poindexter were sentenced to life in prison for the murder of an Omaha policeman. The officer, Larry Minard, died when a suitcase bomb exploded in a North Omaha home on August 17, 1970. Minard was responding to a phony report that a woman was being assaulted inside a vacant home. At the time, Ed and Mondo were leaders in the Omaha chapter of the Black Panther Party. The two were arrested after a 15-year-old former member implicated Ed and Mondo as the brains behind the bomb plot, though he initially confessed to planting the bomb and placing the phony 911 call alone.

Eight years after the trial, an FBI memo surfaced showing cooperation between police and FBI in suppressing the audio of the phony 911 call as evidence that might have demonstrated Mondo and Ed’s innocence. Court documents also reveal that Omaha police had been monitoring Mondo and Ed for two years prior to the murder.

Though Amnesty International called for Mondo and Ed to have a new trial or be released, their case received little national attention. Omaha, too, has mostly forgotten them, forgotten that the Panther story extends beyond Oakland and Chicago. And yet the issue that prompted the formation of the Omaha Chapter of the Black Panther Party – police brutality – is very much alive and in the national consciousness.

At the same time, the Panthers called for much more than an end to police brutality. They advocated for quality education, quality medical care, decent housing, exemption from military service, and a general anti-capitalist restructuring of society.

To borrow from Steve Wasserman, if we focus on the stories of the “supernovas” of the party, if we repeat the Oakland-centered narrative, we risk overshadowing the lesser-known stories of Panthers like Mondo and Ed. We forget that the BPP grew from an Oakland-based organization to a national party with chapters in almost every major city in the U.S. Like many others, the Omaha chapter addressed poverty and inequality at the local level, going beyond activism for self-defense. Mondo and Ed started a free breakfast program for schoolchildren and ran the Vivian Strong Liberation School, named after one of four unarmed Omaha teenagers killed by police in 1969.

How long would it take you to see that you heard something?

As I left the prison that afternoon, I realized that Mondo’s words could be read as a commentary on his own political trajectory, both a validation of and a condemnation of his own movement from apprehension to articulation. I say condemnation because, in Mondo’s eyes, he too long lived the straight and narrow. Mondo laughed, for instance, about his first foray into activism. As an eighteen-year-old — and still very much the good Catholic boy– he was part of a delegation of Omaha teenagers who met with Nebraska Governor Frank Morrison seeking his support for a bill prohibiting the sale of obscene literature to minors.

In 1966 (his senior year) Mondo was one of six black students at Creighton Prep and on the verge of realizing, after attending homecoming with his white girlfriend and earning the ire of teachers and peers, that he wasn’t just one of the boys. A class clown, he never lost his sense of humor, or resisted repeating a good pun, but that year the middle-class boy who played football and promoted sock hops and speech meets as a member of the Poster Club began to funnel his energies into more heady pursuits: into organizing, into writing. He ran a poetry group as a young man in his early twenties. On Saturdays he and five others would meet at a coffee-shop. There they would discuss Beat poetry and write in books with blank pages. Sometimes Mondo and a friend would get to ab-libbing poetry back and forth, neither wanting to be the first to pause, stumped. “If we’d start to lose momentum, to get it back, he would shout ‘while wallowing in the depths of poverty’ and then I’d jump in and that would get it started again,” Mondo told me, laughing as he recalled his friend’s go-to line. One of Mondo’s best early poems is an elegy for Vivian Strong.

The ideology of the Black Panther Party articulated something for Mondo that he had always felt, but hadn’t yet learned the language to express. How long does it take you to see that you’ve heard something? Seeing was linking lived experience to discourse. Hearing precedes sight. Mondo was politically engaged until the end, sharp even in sickness.

The late 1960s and early 70s saw a surge in politically-driven poetry that challenged complacency within unjust systems. The BPP’s national newsletter regularly published poetry. It was common for Panthers to perform poems at meetings or functions, spitting out bold, revolutionary sentiments, their gymnastic wordplay prefiguring hip hop and modern rap. “Poems are bullshit,” Amiri Baraka wrote, “unless they are teeth.”

Two weeks before his death, Mondo mailed out a copy of what would be his final poem, called “When It Gets To This Point.” It begins:

Michael Brown?
I had never heard of him
had never heard of anything he’d done
before the news of his death came
whoever he might have become
whatever he might have achieved
had he lived longer
not been riddled lifeless by
bullets from Darren Wilson’s gun
and crumpled on the pavement of a ferguson street
for more than four hours in
the heat of that august day
and before
I’d never known of Trayvon Martin
had known nothing of who he was
until I learned of his demise
and cause of death
a bullet to the chest
George Zimmerman, the shooter
a badge-less, pretend police
with a pistol
and fear of the darkness
Trayvon’s darkness
and after a while
the pictures, the names,
the circumstances
run together
like so much colored laundry in the wash
that bleeds on whites
was it Eric Garner or Tamir Rice
who was twelve but seen as twenty
Hulk Hogan or The Hulk
with demonic eyes it was said
who shrank the cop in ferguson
into a five-year-old who
had to shoot
and John Crawford the third
in a walmart store aisle
an air rifle in his hands he’d picked up
from the shelf
and held in the open
in an open-carry state
was it John or someone else
killed supposedly by mistake
in a dark stairwell
I know Akai Gurley fell
I hadn’t heard of him before
nor of Amadou Diallo or Sean Bell
prior to their killings
which of these two took slugs in the greater number
I don’t recall
my memory is too encumbered
with the names
of so many before and since

Much of Mondo’s poetry critiqued police power within the U.S. But, like the Panthers, his scope was broad. Like the Panthers, he called for the internationalization of black struggle and aligned himself with third world liberation movements. Many of his poems have a Pan-African and anti-imperialist bent.

In “I Don’t Step in the Water,” the final poem in his 2012 collection, The Black Panther is an African Cat, Mondo writes:

There is a place
between the building I’m caged in
and the one where the slop is served
where when it rains
two puddles form
puddles that form a map
of Africa
I do not splash through
but walk around
out of respect.

Mondo’s ashes are now in Tanzania, where former Panther Pete O’Neal lives in exile with his wife, Charlotte, also a former Kansas City Panther. One of their students volunteered to carry Mondo’s ashes to the top of Mt. Kilimanjaro.

At Mondo’s service, former inmates and friends shared their favorite memories, how he hated shoes and once during a meetings of Harambe, an African cultural organization for inmates, went without: barefoot, elfin, talking a mile a minute. For once the guards let him get away with it. When Mondo turned himself in he was wearing a dark t-shirt, beige pants, and sandals, the only footwear he could tolerate, a choice that seemed inappropriate given the gravity of his situation. The newspaper picture capturing the moment suddenly seemed retroactively funny.

There was anger, too. I learned that once he refused to wear socks to the cafeteria. This, in combination with an earlier offense (giving his meat to another inmate) led to a parole hearing being postponed for five years. Everyone who spoke talked about how productive he was, how he mentored younger inmates, taught classes in African history, how he still managed to contribute to society despite being incarcerated, how his poems would live. But I don’t know that I can get on board with such optimism. I would have preferred him to live. I would have preferred him to walk free, to have made it to Tanzania, alive.

Still, I like to picture Mondo at eighteen years old, the way he described himself and the way he looked in pictures: small for his age and hunched over on the carpet in his room, where he can stay for up to four or five hours alone. He’s scrawling furiously on a yellow pad. Like a singer overcome with the raw emotion behind his own song, he lets his eyes fill with tears. Then laughs, started at a turn of phrase. At his own turn of phrase. At his own ability to create.

Maybe part of the reason he’ll stick with his poetry is vanity, an unarticulated desire to differentiate himself from his peers through his ability to manipulate language. But a writer doesn’t realize he’s good at writing on the first try. There has to be something before that. It’s a compulsion. Something that has to be written. In Mondo’s case, call it a moral imperative.

Poetry as teeth.

Mondo was my subject, but in some ways he was also my friend. Or, more accurately, we were becoming friends at the time of his death, a death he denied, resenting the doctor’s diagnosis and anyone who spoke to him of his failing health. There were things we didn’t talk about. He regretted his white girlfriends. There were things I didn’t want to talk about, but he did. He could be homophobic. He could be long-winded. There were things we both wanted to talk about. He waxed philosophical about Kevin Durant and Russell Westbrook. He once wrote a song about how much he looked forward to his showers, a goofy ballad the guards in the infirmary knew well. He was too shy to sing it to me.

I wanted to write him out of there.

If innocent, Mondo, was, at the time of his death, among the longest-serving political prisoners in the U.S. Ed Poindexter is one of 16 former Black Panthers still behind bars. He is serving his 49th year in prison.


Author asks Don Kleine, Gov. Ricketts to reopen probe of 1970 bombing that killed Omaha officer


LINCOLN — The author of a recently released book on the booby-trap bomb murder of an Omaha police officer in 1970 says the real killer or killers have escaped justice.

Michael Richardson, who spent more than a decade digging through FBI and police records for his book, recently asked Douglas County Attorney Don Kleine and Gov. Pete Ricketts to reopen an investigation into the slaying of Police Officer Larry Minard.

Richardson, an Omaha native who covered part of the 1971 trial that convicted David Rice and Ed Poindexter of the murder, said he’s convinced by his review of the case and records not previously released that the pair was framed because they were black militants at a time when racial tensions were ripping apart the nation, as well as Omaha.

Richardson said: “They were guilty of rhetoric, they were guilty of being Black Panthers, they were guilty of hating the police. But they were not guilty of Larry Minard’s murder.”

Rice and Poindexter were convicted and sentenced to serve life in prison for what was one of the most sensational murders in Omaha history. Rice, who later adopted the African name Mondo we Langa, died in prison in 2016. Poindexter, now 74, remains behind bars at the Nebraska State Penitentiary.

Richardson, who delivered letters to Kleine and Ricketts in May, isn’t the first person to call for a review of the case. National figures like black activist Angela Davis and former U.S. Attorney General Ramsey Clark, as well as Amnesty International, have said the two men amount to political prisoners who should go free.

But others, including the family of Officer Minard, have long maintained that the two were justly convicted.

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Richardson said his plea for reopening the case is critical now because justice could still be delivered to Poindexter, who required heart surgery two years ago.

“This case is in the past, but it is in the present for Ed Poindexter. He’s still locked up,” he said, “and you never get used to it.”

Kleine, when reached for comment, said that he is always willing to take a second look at a case when new evidence arises, but that the conviction of Rice and Poindexter has been upheld in the face of “intense scrutiny” over the years by the Nebraska Supreme Court, federal courts and other attorney

Officer Larry Minard was killed when a suitcase containing dynamite exploded.

Members of Minard’s family have said that it’s “totally and completely ridiculous” to believe that the two men were framed. In 1994, then-Omaha Police Chief James Skinner testified against Poindexter being considered for parole, saying the evidence showed they participated in a conspiracy to kill police officers, and that warrants life in prison.

Ricketts, according to Richardson, sent a one-sentence letter acknowledging receipt of his recent book, but did not respond to the call to reopen an investigation. The Governor’s Office did not respond to a request for comment.

Richardson, who is now based in Belize, said that there were many things unsettling about the investigation and conviction of the “Omaha Two” that should have raised red flags, “but due to the politics of the day, it didn’t.”

Among the assertions made by Richardson in his book, “Framed: J. Edgar Hoover, COINTELPRO & the Omaha Two Story,” are:

  • The phone call that lured Minard and other police to the bomb that was planted in a vacant north Omaha home could not have been made by Duane Peak, the prosecution’s star witness, who testified at the trial that he made the call.
  • In 2007, a voice-recognition expert testified that it was “highly probable” that the low-pitched voice on a recording of the call was not Peak, who was 15 at the time and had a high-pitched voice. But the Nebraska Supreme Court rejected a new trial for Poindexter in 2009, ruling that he had failed to prove that playing the tape at the trial would have changed its outcome.
  • The FBI canceled a lab report on the phone call, a highly unusual move in such a case, according to the author. At the time, the FBI was conducting a covert, counterintelligence effort called COINTELPRO to discredit and disrupt Rice and Poindexter, as well as leaders of other Black Panther affiliates. The book suggests that not testing the tape helped manipulate the result of the trial.
  • Dynamite residue found in Rice’s pockets was planted. It was implausible, one expert testified, that it would be found in anyone’s pockets. And Richardson said that Rice’s hands tested clean for dynamite just after The World-Herald published a photo of him turning himself in with his hands in his pockets. That, the author said, points to the planting of dynamite particles.
  • Rice had an alibi witness who refuted Peak’s story about when Peak had picked up the suitcase from Rice. But Richardson said that the defense attorneys didn’t pick up on the conflicting testimony.

Peak, who initially said that Rice and Poindexter had no connection to the bombing but later testified that they directed him to plant the bomb, was granted immunity and moved to the Pacific Northwest in exchange for his testimony. Richardson said it was suspicious that the person identified as supplying the dynamite and suitcase for the bomb that killed Minard was not prosecuted, along with Peak and one other person linked to the dynamite.

Lincoln attorney Bob Bartle, who represented Poindexter in his most recent appeals a decade ago, said he remains suspicious of the “dirty tricks” played by federal authorities during the investigation and trial, but says the case lacks the irrefutable evidence, such as DNA evidence, that not only exonerates Rice and Poindexter but fingers who actually killed Minard.

“The traditional avenues of appeal for Ed Poindexter are closed, absent an extraordinary measure taken by a prosecutor or the (State) Board of Pardons,” Bartle said. “I would welcome (a reopening of the case), but would be pleasantly surprised if it came.”

Richardson said that his “guilty knowledge” of the case prompted him to dig deeper and write the book, which he maintains is the first time all threads of the case have been presented in one package.

“It’s too late to test for dynamite, but it’s not too late to see who (really) made that call,” he said.