SF8 Statements -- Jalil, Herman + More!

[nattyreb]

July 6, 2009

TO: Friends and Supporters
FR: JALIL A. MUNTAQIM
DT: July 6, 2009
RE: My Statement on the S.F. 8 Plea Agreement

First, I would like to thank all my friends and supporters for their tenacious and tireless work in support of the S.F.8, especially the San Francisco 8 Support Committee, Committee in Defense of Human Rights, Asian-Americans Committee for the S.F. 8, Freedom Archives, and many others. I wish to thank the excellent legal team whose unwavering commitment to the task was inspiring. I especially want to thank the lawyers who did the majority of the behind-the-scenes legwork by name: Soffiyah Elijah, Jenny Kang, Julie de Almeida, Heather Hardwick, Rai Sue Sussman, and Lori Flowers. This team of women suffering the testosterone of as many as ten male lead attorneys, plus the eight men accused, truly had their feminist code tested. Naturally, I want to thank the most noted private investigators, Adam Raskin and Nancy Pemberton, whose investigative technique and services were outstanding.

Today we were to start the preliminary hearing but because of our strong legal defense team and growing public support, the California prosecutor offered plea settlements that could not be ignored. The entire group discussed whether I would plead no contest to conspiracy to manslaughter. After some discussion, I reluctantly agreed to take the plea and be sentenced to 3 years probation; 1 year of jail time, credit for time served, concurrent with New York State sentence, dismissing 1st degree murder and conspiracy to commit murder. Also, because of my plea, four other defendants would have all charges dismissed for insufficient evidence. This was a no-brainer especially considering the elder brothers suffered a variety of health issues ranging from high blood pressure, chronic respiratory problems, diabetes, PTSD, and prostate cancer. Although I have my own health issues, in my near 38 years of imprisonment, I believe I am in better shape than all four combined (Ha). In the last 25 years prior to these charges being lodged, the brothers had been living peaceful and productive lives raising their families, and offering community services. During the period from their release on bail to this date, they had been running themselves ragged across the country telling the story of Cointelpro destruction of the Black Panther Party, the Legacy of Torture, and building support for the case. While I would have liked to have continued the legal fight to what I believe would have resulted in complete exoneration of all charges, I know the jury system is fickle. I have seen too many innocent men in prison who fought with the conviction of being innocent after a reasonable plea bargain was offered, and they ultimately lost due to prosecutorial misconduct, defense attorney errors, improper jury instructions by a judge, and/or a fickle jury. Unfortunately, their loss results in spending decades in prison fighting for a reversal or waiting to be released on parole, or in the worst cases, death row DNA exonerations. The American judicial system is nowhere near being without flaws, as the overwhelming number of Black men in prison sorely attests. Given these circumstances, my taking this plea is a bitter-sweet win-win.

Finally, I would like to thank with profound appreciation my attorneys Daro Inouye, a 30+ year veteran of the San Francisco Public Defenders Office, whose trial experiences and skills are incomparable; and Mark Goldrosen, a remarkable, selfless trial technician and writer whose understanding of both State and Federal law brought the court (and some of the attorneys) to task.

A luta continua - Jalil

---------- Post added at 11:21 PM ---------- Previous post was at 11:21 PM ----------

THE FINAL COMMENT ON THE SF8, BY HERMAN BELL - 11 July 2009

It has been said, though unmaliciously, that I pled in the SF8 case because I am ill and have to get out of the county jail and back to New York for medical treatment. Although I’ve been confined in a tank with psychotic individuals more often than not, who often yell and scream 24 7 for days without stopping (oh yeah!), and I’ve not been in fresh air and sunshine the whole two + years I’ve been here, I still can say unequivocally that my health is reasonably okay.

Let there be absolutely no misunderstanding about this plea I took. The SF8 case was complex, and not everyone in the case had the same legal issues. Because of this, I took a plea because I believed it was the right thing to do for me and the case itself. And this could well make my parole chances in New York even more difficult. Still, the plea was well worth taking because it led to Jalil Muntaqim’s plea, which resulted in charges being dismissed against: Hank Jones, Ray Boudreaux, Harold Taylor, and Richard Brown – but unfortunately, not Francisco Torres. There is hope still that charges against Cisco will be dismissed, and if he should go to trial, we support him. The SF8 comradeship remains unbreakable. I say unequivocally that, individually or collectively, we would never dishonor ourselves or you by doing something so unconscionable as to undermine the interests of our historic struggle.

Thus, I regard the outcome of this case as a People’s victory, as one made all the sweeter by the hard work our supporters and legal team put in to make it so. So we thank our lawyers and investigators for the excellent work and dedication that they devoted to our defense: Soffiyah Elijah, Heather Hardwick, Rai Sue Sussman, Julie de Almeida, Jenny Kang, Mark Rosenbush, Lori Flowers, and our investigators: Adam Raskin, Nancy Pemberton, Patricia de Larios, and Keith MacArthur – you guys are pros.

Special thanks and gratitude to my lawyer, Stuart Hanlon, for the sleepless nights and long hours he devoted to this case (lest you all have forgotten, Stuart also fought for over 20 years to free Geronimo Pratt); we were fortunate to have Stuart on our legal team. In addition to my excellent representation, initially in 2005 when this case was at the beginning grand jury stages, Stuart assembled the very finest criminal defense lawyers in the Bay Area to represent the SF8 on a volunteer basis before the grand jury. These lawyers then went on to represent us once a grand jury indictment failed and the Attorney General filed the criminal complaint against us. I think Stuart is one of the finest lawyers in the country. Yet, my praise and appreciation is in no way to disparage the quality of service and dedicated commitment the other lawyers on our team devoted to our defense: Daro Inouye, Mark Goldrosen, Chuck Bourdon, Mike Burt, Randy Montesano, John Philipsborn, and Richard Mazer – big ups to you all. Also, very big thanks to Dennis Cunningham, Che Hashim, and Kelly Metters for volunteering to facilitate Jalil’s and my weekly Saturday legal visits for the past two years when our legal team was unavailable.

Finally, my profound gratitude to all our friends and supporters. – Herman

---------- Post added at 11:23 PM ---------- Previous post was at 11:21 PM ----------

via: San Francisco Bay View (Great photos at the site!)
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SF 8 and supporters celebrate a bittersweet victory

Posted By blockreportradio on July 9, 2009

Statements by Kiilu Nyasha, Wanda Sabir and Scott Braley on the plea settlements by Herman Bell and Jalil Muntaqim, the dropping of charges against all the others except Francisco Torres and the gathering Tuesday evening at Ella Hill Hutch Community Center

Statement by Kiilu Nyasha

Herman Bell and Jalil Muntaqim are both well aware that there is no justice in the U.S. courts for us – there’s just us, as we used to say. Jalil did a great job of making sure all four co-defendants would have their charges dropped before making this decision that I know he did not want to make.

Nevertheless, I think that we can count this a small but significant victory, albeit bittersweet without the release of Herman and Jalil and with the continuation of Cisco’s (Francisco Torres’) case, which we expect to win or have the charges dismissed. For those who think this plea bargain is somehow a sell-out, this is definitely not the case. These brothers still have solidarity with one another and all recognize, as do I, that our fight cannot continue to rely on their system of injustice.

We are ultimately going to have to take it to the streets. In the process of fighting for our global liberation, we must demand the release of our political prisoners and POWs. This was accomplished in South Africa in the 1980s–‘90s. However, while South Africa got its political prisoners released, including Nelson Mandela, by letting that struggle become the main goal of the liberation movement, they lost sight of the real prize – an egalitarian, socialist society that would nationalize the nation’s cash cow, the gold and diamond mining industries, to finance universal health care, education, housing, etc.

Now the masses of South Africans are living in worse poverty than ever with no liberation movement and no Mkonto we Sizwe (Spear of the Nation, or military wing). We cannot make the same mistakes over and over again. The very life of the planet is dependent on us. Surely there are enough positive and negative examples of liberation struggles throughout the world – at this point in history – for us to be able to learn from their mistakes and successes, their defeats and triumphs.

Power to the people. Free ‘em all.

Kiilu Nyasha, Black Panther veteran, revolutionary journalist and Bay View columnist, hosts the TV talk show Freedom Is a Constant Struggle every Friday at 7:30 p.m. on SF Live, San Francisco cable channel 76. She can be reached at Kiilu2@sbcglobal.net
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Statement by Wanda Sabir

The party Tuesday evening was fun. Many of the folks at the Ella Hill Hutch Community Center, by the time I arrived, were the same folks I’d seen at the courthouse yesterday. I was up all night Monday; I just couldn’t believe the verdict: All charges dropped for five of the six men who comprise the San Francisco 8, everyone except Francisco Torres.

I don’t think I’d ever been inside the building I’d admired for a long time. There are these great murals of community heroes and activists on the outside. I’m glad I arrived when I did, because I was able to catch Pierre Labossiere, and then not long afterwards Kiilu Nyasha made it by and we weren’t expecting her. She made my trek across the Bay totally worth it. In her sunshine-colored top, she lifted our spirits even higher.

As I stood speaking to an intern at Legal Services for Prisoners with Children, Courtney and her friend Amina, both graduate students, Amina at UCSF and Courtney at Brown, Richard O’Neal walked up and said, “I am SF 8.” I didn’t get it because I didn’t know him until he said, “I’m the other Richard,” and immediately I remembered his charges getting dropped in 2008. He was in jail nine months.

He was so bubbly. I loved his positive energy, really exuberant.

In speaking to Jalil’s attorney Daro G. Inouye, who works out of the San Francisco Public Defender’s Office (30 years now), this afternoon before heading to San Francisco, I understand better what he meant yesterday when he said Jalil did a noble thing when he took the plea for a lesser charge.

Prior to the prosecution’s offer, Inouye was set to file against the state for holding him on previous charges dropped for insufficient evidence. He was not in San Francisco when the alleged crime was committed and, since there was no new evidence, the state had no right to hold him for two more years. Inouye said Jalil was certain to have won the suit, but whether or not the other men charged in the SF 8 case would have had all charges dropped was not as easily determined.

Jalil’s change of strategy and use of what Inouye called a “calculated gamble” to plead no contest in exchange for the release of his co-defendants was something most of the men were not aware of, I found out tonight. Whether this move will jeopardize his freedom when he goes before the New York parole board was something Inouye could not answer. He said they would probably see how frivolous the case was and let it go. We’ll have to follow his case closely though and see.
Jalil did a noble thing when he pled no contest in exchange for the release of his co-defendants. His attorney, Daro Inouye, was set to file against the state for holding him on previous charges dropped for insufficient evidence. Jalil was not in San Francisco when the alleged crime was committed and, since there was no new evidence, the state had no right to hold him [i.e. Jalil would have been exonerated in the SF 8 case; he took the plea to free his brothers].

Inouye, who said when I spoke to him today that he is carrying a case load of 120 clients, had to decline my invitation to join us on the air the following day, Wednesday morning, July 8. Monday, July 6, he was working two courts and had to run after he savored the victory for a few minutes to handle another case. It’s too bad he doesn’t have a sister like Serena or Venus to help him keep the balls in the air and traveling, something the sisters did well Sunday at Wimbledon [3].

Cisco was in a great mood tonight, laughing with well-wishers and friends like Pierre from Haiti. Cisco is from Puerto Rico, though he was raised in New York. All the men are in great spirits, even those, like Ray, Hank and Richard Brown, who lost their positions or jobs when their lives were interrupted two and a half years ago. Mortgage payments have been late, pensions have been exhausted and retirees like Ray have to go back to work.

I can’t begin to imagine what’s going on with Cisco, whose ordeal is still not over. But optimism was the operative word here. Send support (money) to the SF 8 at Free the SF8 - Committee for the Defense of Human Rights [4]. The work is not over.

One supporter said the “Free SF 8” T-shirts which were on sale tonight will be collector’s items soon when the SF 8 are all released. We were chatting about milestones or victories like the one yesterday. I named a few recent ones like the court’s dropping the felony charges on 16-year-old David in the Oscar Grant case stemming from his leadership role in the downtown Oakland action Jan. 7. Other successes or victories were getting disabled inmate “Chuck” moved from Solano State Prison to the Medical Facility so he could use a wheelchair and the Louisiana court’s ruling in favor of Albert Woodfox of the Angola 3 this spring, even though a higher court overturned the ruling to release him on bail.

It was good seeing Maisha Quint, Javad, Donna Willmott, Linda Evans, Diana Block, Scott Braley and of course the men we were there to celebrate, the SF 8 – those absent, political prisoners Herman Bell and Jalil A. Muntaqim and the late John Bowman, present in our hearts.

Bay View Arts Editor Wanda Sabir can be reached at wsab1@aol.com. Visit her website at wandaspicks [5] for an expanded version of Wanda’s Picks, her blog, photos and Wanda’s Picks Radio. Her shows are streamed live Wednesdays at 6-7 a.m. and Fridays at 8-10 a.m. and archived on the Afrikan Sistahs’ Media Network, Wandas Picks on Blog Talk Radio
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Statement by Scott Braley

Big changes! Friends and supporters of the SF 8: After large and enthusiastic support demonstrations before court, Jalil Muntaqim and Herman Bell have made tactical pleas to reduced charges. Because of this, and because of two years of mass opposition to charges based on statements made under torture, Harold Taylor, Richard Brown, Ray Boudreaux and Hank Jones had all charges dropped. Only Francisco (Cisco) Torres still has charges, which he, the rest of the Brothers and the defense committee will continue to fight. With your support, we have almost defeated a case which has felt the full vindictiveness of the FBI, Homeland Security and the SFPD.

Scott Braley, a member of the San Francisco 8 Defense Committee and a photojournalist who has recorded the entire SF 8 ordeal, can be reached at scottb@igc.org.