SF8 Vets Targeted, Rounded-Up and Jailed!!

[nattyreb]

Family, this is going to be a very significant case in our liberation struggle, many black activists will be involved in this and we will need to definitely keep our eyes and ears open cuz this "rounding up" is part and parcel of the ongoing attacks on our freedom fighters, here and in exile!
===================

SAN FRANCISCO
Former Black Panther jailed for not testifying
Jaxon Van Derbeken, Chronicle Staff Writer

Thursday, September 1, 2005

A judge has jailed a former member of the Black Panther Party for
refusing to testify before a grand jury investigating the killings of two San
Francisco police officers in the early 1970s.

Ray Michael Boudreaux, 62, who has worked for 23 years as an
electrician for Los Angeles County, is being held indefinitely at San Francisco County Jail on the order of Superior Court Judge Robert Dondero.

Prosecutors contend Boudreaux is an important witness in their
investigation into who carried out the attacks. That investigation was largely
dormant for 30 years but was revived earlier this summer when state prosecutors convened a grand jury in San Francisco.

The first attack happened Feb. 16, 1970, when a bomb that had been
planted at Park Station on Waller Street exploded. Sgt. Brian McDonnell, 44 ,
was killed, and eight other officers were injured.

On Aug. 29, 1971, two men burst into Ingleside Police Station and fired
a shotgun through a hole in a bulletproof glass window. Sgt. John V.
Young, 45, was killed, and a civilian clerk was wounded. The street on which
the police station is located was later renamed in Young's honor.

No one took responsibility for either attack, but authorities have always assumed that radical groups were involved and that the two incidents
were related.

Boudreaux served in the Vietnam War, returned home in 1968 and soon
joined up with the Black Panthers in Oakland, his attorney said, working at a
breakfast program in the schools. He now lives in Pasadena.

In 1971, Boudreaux was arrested on assault charges in Los Angeles with
two other men who authorities suspected were tied to the Ingleside Station
attack. Boudreaux was cleared of the assault charges, but the two men
he was with were later rearrested in New Orleans in connection with the 1971
shooting.

In 1974, a court ruled that San Francisco and New Orleans police had
engaged in what amounted to torture to extract a confession from one of the men and threw out the charges.

The grand jury convened in San Francisco is looking into both killings.
Boudreaux and at least a dozen other people, some of them former
members of black radical groups, were subpoenaed and offered limited immunity from prosecution in exchange for their testimony.

Boudreaux, however, refused to testify. Dondero, who is presiding over
the grand jury proceedings, jailed Boudreaux on contempt charges Monday and ordered that he be held until he accepts the immunity deal.

It is unclear what Boudreaux's possible connection to the investigation
is. David Druliner, special assistant attorney general who is bringing the
case before the grand jury, did not return calls seeking comment Wednesday.

But in a contempt hearing in court Monday, he told Dondero that
Boudreaux is "a bright individual. He knows what is going on, and he's choosing, clearly, not to answer lawful questions."

Boudreaux's attorney challenged the legal validity of the limited
immunity offered by prosecutors, saying it failed to protect his client's Fifth
Amendment rights.

"The privilege against self-incrimination seems to be meaningless to
them, '' attorney Michael Burt said. "They figure, 'We want your testimony.
Testify against yourself -- you are just going to have to trust us that
we are not going to make improper use of that.' It's a little scary."

He argued that under the legal standard in effect at the time of the
killings, Boudreaux would have been granted immunity from all
prosecution if he testified. The current offer would shield Boudreaux only from prosecution about matters he brings up in his testimony, Burt said.

Dondero ruled that the terms of immunity could be dealt with after
Boudreaux testified.

Burt then argued that Boudreaux had reason to be skeptical of any
government deal. He called to the stand Jill Elijah, a Harvard Law School
professor, who testified that given the FBI's history of civil rights violations
against the Black Panthers, "Mr. Boudreaux would have no reason to
trust any representations made to him by the government with respect to his
immunity, his safety or his protection from prosecution.''

Elijah testified that "it's been well-documented that well over 30
members of the Black Panther Party across the United States were assassinated by the FBI, or in tandem with the FBI and local police force operatives.''

Dondero told Burt that his client would be jailed until the grand
jury's investigation was over or a new grand jury was impaneled.

"He has the key to the jail cell in his possession if he testifies,''
Dondero said.

Other former radicals are also supposed to appear before the grand
jury. Among them is John Bowman, one of the two men arrested in 1971 in
connection with the Ingleside Station attack.

His attorney, Arthur Wachtel, said San Francisco and New Orleans police
had used cattle prods and wet blankets on his client to try to force a
confession. Like Burt, he said prosecutors should be granting full
immunity to anyone who testifies before the grand jury.

"What this all suggests is that they are playing games and misusing the
grand jury process,'' Wachtel said.

E-mail Jaxon Van Derbeken at jvanderbeken@sfchronicle.com.

[nattyreb]

FANGS SINKING DEEPER AND DEEPER....
============================

Another Veteran Black Activist Jailed for Refusing To Testify

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

San Francisco Judge Dondero ordered another Black activist, Hank Jones,to be jailed for contempt for refusing to give testimony before a state grand jury allegedly investigating activities attributed to the Black Panther Party
over 30 years ago. Ray Boudreaux has been held since August 29th for taking
a similar stand despite a lengthy hearing that included testimony from
attorneys Carol Smith and Soffiyah Elijah about the history of government
Cointelpro attacks against the Black movement and specifically how activists
were tortured in New Orleans in the 1970s to gain information. The same
judge ruled that Boudreaux had no basis for mistrusting California Attorney
General's offers of immunity. Ray Boudreaux and Hank Jones both refused to
cooperate because of the coercive and punitive nature of the grand jury
proceedings. Ar least two other Black activists, Harold Taylor and Richard
Brown, are scheduled to appear in the next several next days and will likely
not cooperate.


Claude Marks
Freedom Archives
522 Valencia St
San Francisco, CA 94110
(415) 863-9977

[nattyreb]

From Brother Sadiki "Shep" Ojore Olugbala

For those of you in "Newer" formations who foolishly believe that using the Black Panther symbol and/or name is some kind of romanticism of the past and;

For those "original" Party members that are quoted as being "Ex" and/or "Former" Panthers;

WAKE UP BROTHERS & SISTERS

Current actions like the attached forwarded message, Kamau Sadiki's capture after over 30 years, Jamil Al-Amin's Frame-up and the $1million bounty on Assata Shakur; should make it clear that COINTELPRO never ended.

In the eyes, memories and laws of the enemy; when we said "Once A Panther, Always A Panther," it was not just a historic and forgotten slogan of the 60's and 70's.

Don't take my word for it, just ask the comrades that have been held captive as Political Prisoners/POW's and/or forced into Exile for the past 40 years.

"Revolution Is Nothing To Play With And; If You Know What It Really Means You Wouldn't Even Use The Word"
El-Hajj Malik El-Shabazz-Malcolm X

ALL POWER TO THE PEOPLE

Brother Sadiki "Shep" Ojore Olugbala
**********************

Harold Taylor was jailed today (Thursday) by SF Superior Court Judge Robert Dondero for refusing to cooperate with a San Francisco Grand Jury allegedly investigating events going back over 30 years. A hearing for another Black activist, Richard Brown, was put over until Wednesday, September 21. He is also expected to resist. This "investigation" represents a stepped-up campaign to sweep up former Black Panthers, alleging that people have knowledge of events in the early 70s. The FBI and local police all across the US were employing major resources to attack and destroy the Black liberation movement under the Cointelpro program at that time. Cointelpro was designed to use extra-legal means to prevent the growth of community-based and national resistance to the historic oppression of people of color. No government agency, officer or agent has ever been held accountable for any of the violence, assassinations and illegalities under Cointelpro or related programs.

Ray Boudreaux was jailed indefinitely as of August 29 at San Francisco County Jail on the order of the same judge who also ordered Hank Jones to be jailed Wednesday (yesterday).

[OsunkoyaIfayomi]

"Revolution Is Nothing To Play With And; If You Know What It Really Means You Wouldn't Even Use The Word"
El-Hajj Malik El-Shabazz-Malcolm X

True that nothing to play with
Ifayomi

[rebelAfrika]

This shows me there is only 2 options...death or victory.

[nattyreb]

Ona Move, Strong Bro.,

It's definitely a wake-up call to all those who believe that retiring from the movement after *active* struggle against this system is anything more than a pipe dream. This rotten-ass system, as it proves time and time again, never, *ever* forgets. i'm pasting some updates below, stay strong!!

Originally Posted by rebelafrika

This shows me there is only 2 options...death or victory.

[nattyreb]

9/21/05

Long-time Black activists and Grand Jury resisters harassed and jailed
Claude Marks

Over the last several weeks, five Black activists have been resisting a California State Grand Jury investigating incidents over 30 years old. Three of them are currently in custody for refusing to cooperate with the government investigation.

This afternoon (Wednesday), the California State Supreme Court found that the procedures followed to hold one of them, Ray Boudreaux, on contempt charges, were defective. The Supreme Court has ordered that he be brought to court Thursday morning. It is possible that the other two activists will also be brought to court and that they may all be released. However it is expected that they will be ordered to return on September 27th at which point they could be held in contempt again and re-jailed.

The California Supreme Court ordered Wednesday that the Sheriff of San Francisco is ordered to show cause forthwith why petitioner is not entitled to immediate release on the grounds that the declaration of the Deputy Attorney General in support of the order to show cause fails to state a valid court order.The Supreme Court's order was served on Judge Dondero and he ordered Ray produced at 10:30 tomorrow morning. Druliner's position is that he should be released pending the filing of a new order next Tuesday when the grand jury goes back in session. The Supreme Court did not reach any other issues. All defendants currently in custody should show up at the hearing at 10:30 since they are in jail under identical orders.

Also this week, a San Francisco judge declined to jail Black activist Richard Brown Wednesday for refusing to cooperate with a California State Grand Jury on the basis that the proper procedures had not yet been followed. Richard is due back in court on Tuesday, September 27th. His lawyer, Richard Mazer, made a persuasive argument challenging both the procedures and the use of this Grand Jury in harassing activists.

A judge in Oklahoma City on Tuesday, September 20, refused to enforce the subpoena for Black activist John Bowman’s appearance before the same grand jury in San Francisco. His decision was made pending a ruling by the California Supreme Court on an appeal involving Grand Jury immunity that was filed on August 29th on behalf of another Grand Jury resister and Black activist, Ray Boudreaux. John Bowman’s attorney, Doug Parr, argued that the current Grand Jury process was abusive and cited the proceedings of a previous grand jury that also subpoenaed John Bowman June 30th. Attorney Parr also argued that the impact of John Bowman’s torture by police in New Orleans in the 1970s and the emotional trauma caused by these current proceedings constituted a further abuse of the judicial process. The judge gave a lengthy decision from the bench explaining how the court system was supposed to work for everybody.

The first person subpoenaed to the current grand jury was Ray Boudreaux, another long-time Black activist. Boudreaux declined to testify. He asserted his Constitutional rights and argued that they would be violated if he complied with the Court’s Order. On Monday, August 29th a contempt hearing was held before Judge Robert Dondero of the California Superior Court. Judge Dondero ordered Ray Boudreaux to be held in contempt for refusing to give testimony. Despite a lengthy hearing that included testimony from attorneys Carol Smith and Soffiyah Elijah about the history of government COINTELPRO attacks against the Black movement and specifically how activists were tortured in New Orleans in the 1970s to gain information, the California judge ruled that Boudreaux had no basis for mistrusting the California Attorney General's offers of immunity. Ray Boudreaux was a strong presence in the courtroom as he listened to the arguments of his attorney, Michael Burt, challenging the coercive and punitive nature of the grand jury proceedings.

Since then, Black activists Hank Jones and Harold Taylor were also held in contempt for refusing to testify. They and Ray Boudreaux will continue to be held in the San Francisco jail until this grand jury term expires, October 31.


Background on the Grand Jury targeting Black Activists in San Francisco

Shortly after the founding of the Black Panther Party, FBI Director J. Edgar Hoover described it in September 1968 as “the greatest threat to the internal security of the country.�

By July 1969, the Party had become the primary focus of COINTELPRO and was the target of 233 of the 295 authorized “Black Nationalist� COINTELPRO actions. The FBI placed illegal wiretaps on Party headquarters in Oakland, San Francisco, and nationally, infiltrated the organization with numerous agents, used every possible means to provoke violence within the organization and engaged in a number of schemes to arrest, detain, falsely accuse, incarcerate and murder members of the Black Panther Party.

The San Francisco Police Department worked closely with the FBI during the sixties and seventies to promote the goals of “neutralizing� and destroying the Black Panther Party. Two of the San Francisco Police Department Inspectors who worked in tandem with the FBI to promote these goals were Frank McCoy and Ed Erdelatz.

In August 1973, several Black Panthers were arrested including John Bowman, Ruben Scott and Harold Taylor were arrested in New Orleans.

McCoy and Erdelatz were on hand in New Orleans immediately after their arrest (as were detectives from New York City) and participated in the interrogation that took place over the course of several days. They were investigating the killings of two San Francisco policemen that took place in the early 1070s.

When Bowman, Scott and Taylor didn’t answer questions by McCoy and Erdelatz, the San Francisco policemen exited the room and members of the New Orleans Police Department proceeded to torture the detainees using various methods including the following:
· Stripping them naked and beating them with blunt objects
· Blindfolding them and throwing wool blankets soaked in boiling water over their bodies
· Placing electric probes on their genitals and other parts of their bodies
· Inserting an electric cattle prod in their anus
· Punching and kicking
· Slamming them into walls while blindfolded

Their screams were heard throughout the jail. After a period of torture, McCoy and Erdelatz would return to the room, and continue questioning them. Each time the answers they sought were not forthcoming, the San Francisco police would leave the room and the torture would resume. This process lasted several days. The three men were interrogated separately and were held in solitary confinement. Bowman, Scott and Taylor all suffered permanent physical and psychological damage.

These two Inspectors are not new to accusations of physical abuse as the San Francisco Examiner ran a series of stories in the 1970s suggesting McCoy and Erdelatz had coerced testimony from a witness connected to a Chinatown slaying.

In 2003, McCoy and Erdelatz began roaming the country in an apparent attempt to interview numerous individuals alleged to be involved with or have knowledge of the 1970s incidents. At times they were joined by San Francisco Police Inspector and FBI Special Federal Officer Joseph Engler. They went to people’s homes and places of employment. They visited prisoners in the New York State prisons where they were incarcerated. They attempted to interview spouses, former spouses and family members. At least one person in the Bay Area was commandeered off the street as he drove home from work and taken for interrogation. They used thinly veiled threats, intimidation and harassment. They demanded that some individuals provide saliva samples. Some people were served with federal grand jury subpoenas to provide fingerprints.

The actions of McCoy, Engler and Erdelatz in 2003 and 2004 were connected to a federal grand jury sitting in the Northern District of California also investigating the incidents that are the focus of these grand juries. In the summer of 2004, the federal grand jury expired.

In May 2005 a California State grand jury was convened and began taking testimony regarding these same incidents. That grand jury was purportedly investigative in nature. It was expected that the government would next present evidence to an indicting grand jury. However in August 2005 another investigative grand jury was convened. This time a group of people identified by the government as targets were subpoenaed. Both of these grand juries were conducted by the California State Attorney General rather than the San Francisco District Attorney’s office. Working in tandem with the state AG was an Assistant United States Attorney.

The full role of the federal government in this investigation is yet to be revealed. What is clear is that no federal, state or city agent or police officer nor government agency has ever been held culpable for the illegal acts, violence, imprisonment and murders conducted in the name of COINTELPRO nor has there been any admission that these activities are continuing under the Patriot Act or under any other name.

***

[nattyreb]

Article published Sep 23, 2005
Former Black Panther who refused to testify ordered freed by court

The Associated Press

A former member of the Black Panther Party who was jailed last month for refusing to testify before a grand jury investigating the killings of two San Francisco police officers in the early 1970s was set free Thursday when the state Supreme Court ruled a judge did not follow proper procedures before holding Ray Michael Boudreaux in contempt.

Boudreaux, 62, and at least a dozen other people including other former members of black radical groups, were subpoenaed and offered limited immunity from prosecution in exchange for their testimony.

But Boudreaux, who now lives in Pasadena, refused to testify. San Francisco Superior Court Judge Robert Dondero, who's presiding over the grand jury proceedings, jailed Boudreaux on contempt charges Aug. 29 and ordered that he be held until he accepts the immunity deal.

The state Supreme Court ruled Wednesday that the contempt-of-court ruling was legally defective because Dondero did not order Boudreaux to answer the questions before holding him in contempt.

Dondero ordered Boudreaux to return to the grand jury next Tuesday for a new round of questioning that could result in another jail sentence if he again remains silent.

Sgt. Brian McDonnell, 44 , was killed, and eight other officers were injured Feb. 16, 1970, when a bomb exploded at a San Francisco police station.

Sgt. John V. Young, 45, was killed, and a civilian clerk was wounded on Aug. 29, 1971 when two men burst into a second police station and fired a shotgun through a hole in a bulletproof glass window.

No one took responsibility for either attack, but authorities have always assumed that radical groups were involved and that the two incidents were related.

It's unclear what Boudreaux's possible connection to the investigation is, but prosecutors contend he's an important witness. The investigation was largely dormant for 30 years, but was revived earlier this summer when state prosecutors convened the grand jury.
=============

SAN FRANCISCO
Ex-Black Panther who wouldn't testify ordered freed by top court
- Bob Egelko, Chronicle Staff Writer
Friday, September 23, 2005

A former Black Panther who was jailed for contempt of court after refusing to testify last month to a grand jury investigating the killings of two police officers in San Francisco in the early 1970s was ordered released Thursday, after the state Supreme Court ruled that the judge who ordered him held failed to follow proper procedures.

But Superior Court Judge Robert Dondero told Ray Michael Boudreaux of Pasadena to return to the grand jury next Tuesday for a new round of questioning that could result in another jail sentence if Boudreaux again remains silent.

The grand jury was convened by local prosecutors this summer to reopen an investigation that had been largely dormant for 30 years.

Sgt. Brian McDonnell, 44, was killed and eight other officers were injured by a bomb at Park Station on Waller Street on Feb. 16, 1971. On Aug. 29, 1971, Sgt. John V. Young, 45, was killed, and a civilian clerk was wounded, when two men burst into Ingleside station and fired a shotgun through a hole in a bulletproof window.

Two men were arrested in New Orleans in connection with the Ingleside attack. But a court dismissed the charges in 1974, ruling that police in San Francisco had engaged in what amounted to torture to extract a confession from one of the men.

Boudreaux joined the Black Panthers after returning from Vietnam War service in 1968 and worked at a breakfast program in the Oakland schools, his attorney said. He and at least a dozen other people, some of them former members of black radical groups, have been subpoenaed by the grand jury and offered limited immunity from prosecution.

Appearing before the grand jury last month, Boudreaux was asked if he knew any of a long list of people and if he had any connections with the Black Panther Party or the Black Liberation Army, according to papers filed by his attorney, Michael Burt. Burt said in the papers that state prosecutors had previously told him that Boudreaux was suspected of aiding in the 1971 killing.

Burt said Thursday that Boudreaux declined to answer for two reasons: The questions about his associations and political activities violated his constitutional rights, and the immunity he was offered by prosecutors was legally inadequate.

That immunity would have protected Boudreaux from prosecution based on his testimony, but it would have allowed him to be charged with the crimes if prosecutors obtained independent evidence. Burt contended the limited immunity, authorized by a 1996 state law, did not apply to crimes committed before 1996, when the only grant of immunity recognized in the law was complete protection from prosecution in exchange for testimony.

Dondero, presiding over the grand jury, ruled last month that the immunity was legally adequate and jailed Boudreaux on Aug. 29 when he refused to testify. On Wednesday, the state Supreme Court, without discussing other issues, said the contempt-of-court ruling was legally defective because Dondero did not actually order Boudreaux to answer the questions before holding him in contempt.

Dondero, in response, ordered Boudreaux released Thursday but told him he could be held in contempt again if he refused to answer questions next Tuesday.

E-mail Bob Egelko at begelko@sfchronicle.com.

Page B - 3
URL: http://sfgate.com/cgi-bin/article.cg...AGCVESMK41.DTL

[BlkSpartacus]

Can they live? These brothas are no longer a threat but these devils seem to still have an agenda against them, I wonder what satisfaction they get out of this.

[nattyreb]

Right on, Strong Bro., their satisfaction is in their continued commitment to terminate any "creation of a black (or any) messiah." When they see young folx taking aim at their wicked, illegal system, they flex their vicious muscles and attack to try and intimidate against anything fledgling. To my knowledge, this renewed series of attacks began with the $1 million bounty on our Sista Assata, note the recent FBI assassination of Puerto Rican freedom fighter Rios, the attacks on demonstrators of all stripes, the tormenting of captives who are politically (or even spiritually) conscious, the list goes on and on. We are living in some of the most repressive times in this kkkountry's despicable history and of course, they hate and fear black revolutionaries more than any other people on the planet.

Back on topic, here's a site with a lot of good info on what the grand jury system represents to us all: http://www.fbiwitchhunt.com/gj.html

Originally Posted by BlkSpartacus

Can they live? These brothas are no longer a threat but these devils seem to still have an agenda against them, I wonder what satisfaction they get out of this.

[Elisa Keisha]

+++<<++bumpim++<<+++

[nattyreb]

Ona Move, Sista, and i hope everybody takes the time to read the words in this thread cuz whether we think so or not, it directly relates to every one of us and the righteous efforts we're putting forth! The enemy is running rampant!!!

Sista, we who believe in freedom need to have each other's backs, no matter how annoyed we become with each other over *dialectics*, there is no time for *sectarianism*, our elders are under direct attack, we all know we have ONE ENEMY, THE U.S. GOVERNMENT AND ALL ITS OFFSHOOTS! Boo-yah!

Originally Posted by Elisa_Keisha

+++<<++bumpim++<<+++

[Akyeame Kwame]

htp nattyreb...

is there an action campaign around this?

AK

[nattyreb]

Ona Move, Strong Bro.,

i wrote to the attorney and to Bro. Shep and am still awaiting a reply on that exact question. All i've gotten to date is that we need to pack the courtrooms when our comrades appear there, but we get news late oftentimes. i will be sure to post more specific action steps we can take on a broad basis as soon as i get word. Asante sana for the on-time question!

Originally Posted by Akyeame Kwame

htp nattyreb...

is there an action campaign around this?

AK

[Akyeame Kwame]

Originally Posted by nattyreb

Ona Move, Strong Bro.,

i wrote to the attorney and to Bro. Shep and am still awaiting a reply on that exact question. All i've gotten to date is that we need to pack the courtrooms when our comrades appear there, but we get news late oftentimes. i will be sure to post more specific action steps we can take on a broad basis as soon as i get word. Asante sana for the on-time question!

Sounds BlackNificent Strong Sis.

i would've bet you'd already be on the case for the Race with it! Please keep US updated on this all-important issue as i know you will!

anything for the BlackNificent!

AK