SF8 Vets Targeted, Rounded-Up and Jailed!!

[nattyreb]

GREAT NEWS!!

Prosecutors in the San Francisco 8 case announced that they are filing an amended complaint in effect dropping the conspiracy count against 5 of the brothers because the statute of limitations (of 3 years on conspiracy) has expired. This is a result of defense motions filed recently that challenged the complaint on the basis of expired statute of limitations.

Ray Boudreaux, Richard Brown, Hank Jones and Harold Taylor now only face one count, the alleged murder of a San Francisco Police Officer in 1971. The case against Richard O'Neal must now be dismissed since he was originally charged only in the second count.

The prosecutors will argue that the statute of limitations did not expire against Herman Bell, Jalil Muntaqim and Francisco Torres as they were not residents in California during the last 35 years. "This is a ridiculous argument," according to defense attorney Stuart Hanlon, "as these men were forcefully removed from the state against their will by being imprisoned. Following his acquittal on charges in New York State, Cisco Torres was living in New York City. All 3 were consistently available to California State prosecutors." This legal point will be argued in the upcoming San Francisco hearing on January 10th, and their lawyers will ask that the conspiracy count be dropped against the other 3 men.

This is a major victory in this case which rests on statements coerced under torture. "This is the first step in the government's case falling apart," Hanlon said.


Questions and comments may be sent to claude@freedomarchives.org

[Moorbey]

SAN FRANCISCO, California — Prosecutors in the San Francisco Eight (SF8) case announced that they would be dropping conspiracy charges against five of the eight former Black Panther Party members.

Six of the eight men — Richard Brown, Richard O'Neal, Ray Boudreaux, Hank Jones, Francisco Torres and Harold Taylor — were arrested on January 23, 2007 and hit with charges related to the 1971 killing of a San Francisco cop. The other two, Herman Bell and Jalil Muntaqim, had already been held as political prisoners for more than 30 years in New York state prisons when they received these charges.

Some of the men had originally been charged in 1975 but were released because it was exposed that the State had fabricated the case against them by torturing the men until it got false statements out of them.

The recent arrests are part of the U.S. government’s attempt to paint a black face on “terrorism” because it recognized the need to contain the African working class — the most consistently revolutionary sector of society within U.S. borders — in the face of the mounting struggles by oppressed peoples around the world to end U.S. and European imperialism’s parasitic grip on their resources.

It is undeniable that the case of the San Francisco Eight has been impacted by the U.S. government’s recent loss in the case of the Liberty City Seven — seven impoverished young Africans manipulated, entrapped and locked up in Miami, Florida by the FBI on fabricated terrorism charges in June 2006. A jury outright acquitted one of the seven and could not convict the rest of the young Africans that former U.S. attorney general Alberto Gonzalez claimed were “homegrown terrorists… as dangerous as al-Qaeda.”

The strength that would have emboldened the U.S. government’s case against the SF8 with a conviction of the LC7 has instead become weakness. The government’s attempt to give a black face to terrorism has been beaten back.

However, the fight is not over. While the charges of conspiracy have been dropped against five of the SF8 (making it necessary to dismiss the case against Richard O’Neal who only faced that charge), the State intends to continue with the ridiculous case. It even contends that while the three year statute of limitation for the conspiracy charges have expired, that expiration doesn’t apply to Herman Bell, Jalil Muntaqim and Francisco Torres because they were imprisoned and taken out of the state of California as prisoners.

It will take African masses and other freedom-loving people mobilizing in defense of the San Francisco Eight and the Liberty City Seven — who the State intends to retry — to not only free these African men, but to defend the national democratic rights of the African community.

[nattyreb]

Today's Hearing - Tuesday April 8

A brief and problematic hearing took place this morning in the case of the San Francisco 8. Most of the time was taken up with discussions in chambers in which defense attorneys for Herman Bell and Jalil Muntaqim objected to their clients being barred from court. Attoneys argued that both men have a right to be present at all hearings - just as Richard Brown was present due to being out on bail. In open court they made it clear that they, as representatives of their clients, could not address any matters of substance without their clients. Judge Moscone made the excuse that the smaller courtroom was less secure - Herman and Jalil have to date always been in chains and handcuffs when in court anyway. The judge agreed that future hearings would be held in the larger and more secure courtroom (sic).

The start of the preliminary hearing is likely to be put over until September 8th due to scheduling conflicts and some of the defense attorneys requesting more time to prepare. Instead there will be further motions addressed on April 21st and possibly the scheduling of some examinations later that week of prosecution witnesses that are in poor health.

The next hearing is scheduled for Monday, April 21st at 9:30 am in Department 23 - 850 Bryant Street, SF. A demonstration will be held at 8 am demanding that the charges be dropped.

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California Appelate Court refused to hear Petition

The California Appelate Court refused to hear a Petition for Writ of Mandate to dismiss "conspiracy to murder" charges against three of the eight defendants in the San Francisco 8 trial. The motion argued that the Superior Court's intention to take evidence at the preliminary hearing on this count denies the men their rights "to Due Process of Law and Equal Protection of the Law in violation of the Penal Code and the California and federal constitutions." The defense is asking that the petition be decided before the preliminary hearing. Attorneys will file the Petition with the California Supreme Court because of the refusal of the Appelate Court.

Conspiracy charges were dropped against five of the eight defendants February 7th in the San Francisco 8 case because the statute of limitations on conspiracy is three years in California.

Judge Philip Moscone originally denied defense motions to dismiss the conspiracy count against the three remaining San Francisco 8 defendants – Herman Bell, Jalil Muntaqim (Anthony Bottom), and Francisco Torres – on February 28.

The reason the three were not able to benefit from the statute of limitations expiring in three years is because for "out-of-state" defendants the statute of limitations is tolled (held in abeyance) for the period they were "unavailable."

Simply because the men were not in California is not enough reason to deny them their rights, the Petition argues. They were all in custody and their whereabouts have been known to local, state, and federal prosecutors. "Involuntarily removed by law enforcement," they were readily available to return to California to face charges had they been brought.

The prosecution claims that because the three men were not in California the statute of limitations does not apply. "This is a ridiculous argument," according to defense attorney Stuart Hanlon, "as these men were forcefully removed from the state against their will by being imprisoned. All three were consistently available to California State prosecutors."




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Please support these brothers by sending a donation. Make checks payable to CDHR/Agape and mail to the address below or donate on line:

www.freethesf8.org/donate.html

Committee for the Defense of Human Rights (CDHR)
PO Box 90221
Pasadena, CA 91109
(415) 226-1120
FreetheSF8@riseup.net

[nattyreb]

Posted 4/21

A very large, well-attended rally preceded today’s packed San Francisco 8 court hearing. Four of the SF 8 - Ray Boudreaux, Richard Brown, Hank Jones and Francisco Torres - joined in leading chants outside the 850 Bryant Street courthouse along with supporters from all over the Bay Area and from other West Coast cities.

The main defense arguments focused on the prosecutors’ request to conduct “conditional exams” of 5 witnesses who are old and in poor health and so may not be available at trial. There are legal bases for their testifying in advance of the preliminary hearing and trial. But the defense is arguing that they have full rights to court-ordered discovery pertaining to these witnesses allowing them to prepare to cross examine them – particularly exculpatory evidence.

Judge Philip Moscone seemed to indicate that the standards for these exams would have to meet trial standards, and that he will address the related discovery issues, but would not issue a written ruling until next week’s court hearing.

Defense subpoenas make clear reference to missing exculpatory evidence including “negative comparisons” of latent prints by FBI fingerprint examiners from 1971 and 1975. “I believe that the FBI has been deeply involved in the investigation of the Ingleside murder,” according to defense attorney Chuck Bourdon, who represents Francisco Torres. Bourdon also thinks that all FBI files “have not yet been provided.” Several agencies made reports of negative results over the years. The only positive identification of any latent print (the same latent print) was made recently by an ‘expert’ that was previously disciplined for making false fingerprint reports.

Stuart Hanlon, representing Herman Bell in this case, referenced his previous defense of Geronimo Ji-Jaga Pratt - a major target of FBI’s COINTELPRO program. Geronimo “was falsely imprisoned for 27 years by the withholding of FBI exculpatory evidence,” argued Hanlon. “This request demanding full discovery and particularly FBI evidence is more than reasonable in light of this history. This case is no different,” Hanlon pointed out.

“The FBI and COINTELPRO are relevant to this case as COINTELPRO is a continuum through today’s Phoenix Taskforce,” argued Jalil Muntaqim’s lawyer, Daro Inouye. The Phoenix Taskforce is a multi-agency force that is difficult to formally define. It is known that it includes the US Attorney, the FBI, local police agencies including the SFPD, and the California Department of Justice. It is the umbrella organization that has reopened this case, empaneled various Grand Jury investigations and is overall responsible for this 37-year old Panther prosecution.

Dave Druliner, the lead State prosecutor, replied to defense references to COINTELPRO dismissively as “an aura that exists out there,” and “just something that the defense brings up from time to time.” Apparently congressional investigations revealing the illegality of the FBI's COINTELPRO program in the 1970s are part of that aura.

Next week’s hearing will also address requests from Herman Bell and Jalil Muntaqim to be returned to New York State between now and the start of the preliminary hearing in this case (likely to be scheduled for early September), in order to pursue their parole hearings. Judge Moscone indicated a willingness to agree to these requests if Herman and Jalil were to waive their rights to be present at any interim hearings in San Francisco.

The next hearing in the San Francisco 8 case is scheduled for Tuesday, April 29th at 9:30 am in Department 26, 3rd floor, 850 Bryant Street.

[nattyreb]

via: freethesf8@riseup.net
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Report on S.F. court hearing April 29:

San Francisco 8 Judge Philip Moscone agreed to sign an order later this week allowing Herman Bell and Jalil Muntaqim to return to New York State for their parole hearings. Both Herman and Jalil waived their rights to be present at conditional examinations of 5 witnesses as well as agreed to not resist extradition back to California once they have made their appearances in their NY State Parole hearings. The prosecution made no objections to their move once these legal conditions were met. The arrangements and the NY State responsibility have yet to be set.

Judge Moscone had earlier ruled that conditional examinations could take place and be scheduled of prosecution witnesses that are either old or in poor health in advance of a preliminary hearing or trial. He also ruled that these examinations must meet the standards of trial, meaning that additional discovery be turned over to the defense that would allow thorough cross-examination of these witnesses. He did not, however, order the San Francisco police to provide specific areas of discovery, stating that these matters were up to the prosecution to obtain and turn over. Many items, reports and files, as well as physical evidence, remain missing in this 36-year old case.

The Judge has yet to rule on defense requests to obtain information about the witnesses to be examined that would allow thorough investigation about their histories, competence and reliability. That ruling will be made in written form in the near future.

The prosecution is asking that two witness examinations take place “in camera” (not in open court) because of witness fears of personal danger. These requests appear to serve the function of instilling prejudice - implying that the defendants and their supporters represent some threat to these police witnesses. This is clearly designed to perpetuate the political goals of this prosecution and has no basis in fact. Judge Moscone will rule on this request in writing.

Please support these brothers by sending a donation. Make checks payable to CDHR/Agape and mail to the address below or donate on line:

www.freethesf8.org/donate.html

Committee for the Defense of Human Rights (CDHR)
PO Box 90221
Pasadena, CA 91109
(415) 226-1120
FreetheSF8@riseup.net

www.freethesf8.org