A Spirited Rally and Packed Courtroom for Francisco Torres

Some one hundred and fifty supporters rallied on October 9 for the court appearance of Francisco Torres, the last of the SF 8 defendants to face charges. San Francisco Supervisors John Avalos and Eric Mar joined the rally. Five of the SF 8 were present – in addition to Francisco Torres, Ray Boudreaux, Richard Brown, Hank Jones, and Richard O'Neal participated in the enthusiastic picket line.

Status Conference December 3

In a brief hearing before a packed courtroom, Judge Philip Moscone set a status conference for December 3 to pick a date for oral argument on the motion to dismiss the charges. The judge’s decision was welcomed by the defense, as until now Moscone had indicated that he would not hear a motion to dismiss until the preliminary hearing had been completed.

Preliminary Hearing in February, Maybe

The judge also tentatively set February 18 for the start of the preliminary hearing, in case he does not rule in favor of the motion to dismiss. Such a hearing would be expected to last two to three weeks.

The motion to dismiss might be heard in January, although delays and changing dates are common, so please check the SF 8 blog and web site as those dates approach.

Support Continues Strong

Organizers were upbeat about today’s developments, stating that in the last week alone the publication of the new Open Letter in the SF Bay Guardian signed by hundreds (see previous post), the fax and phone campaign on October 5 that resulted in the Attorney General's fax machine and phone closing down – as well as the tireless work of outreach and calling – are examples of the pressure that we have to keep on building.





And see the video on SF Indybay.

Open Letter for Francisco Torres published: drop the charges

Today the Committee for the Defense of the San Francisco 8 has published an Open Letter to Attorney General Jerry Brown that appears in the San Francisco Bay Guardian. The Open Letter demands that all charges against Francisco Torres be dropped, citing the failed, costly and unethical prosecution.

Current signers illustrate the growing broad-based support that Francisco has both nationally and through out the world, including Nobel Peace Laureate Archbishop Desmond Tutu, Cynthia McKinney, Cindy Sheehan, Danny Glover, members of the San Francisco Board of Supervisors, the President and Vice President of the San Francisco Board of Education, as well as ministers, educators, organizers and supporters from all walks of life.

Click here to see a copy of the published Letter. (1 page PDF)

On the Unjust Prosecution of the San Francisco 8

STATEMENT FROM SUPERVISORS ERIC MAR, JOHN AVALOS, AND CHRIS DALY

August 27, 2009

To Attorney General Jerry Brown:

We want to express our deep concern over the unjust, costly and flawed prosecution of the San Francisco 8.

Based on “confessions” and other testimony extracted by torture and denial of right to counsel, this prosecution has been a disservice to the people of San Francisco.

For the last six years, prosecution of this case has ripped respected elders from their families and from their community service. It has exacted an incalculable toll on all of them.

The cost of this case to the people of San Francisco has now run into the millions of dollars.

The results to date of this prosecution speak to its inherent weakness and injustice:

• On July 6, your office was forced to drop all charges against four of the San Francisco 8 (Ray Boudreaux, Richard Brown, Hank Jones and Harold Taylor), acknowledging that you had “insufficient evidence” to prosecute them.
  
  
• Your office had already been forced to drop all charges a year earlier against a fifth member of the SF8, Richard O’Neal.
  
  
• Your office offered and accepted pleas to greatly reduced charges from two other SF 8 defendants, Herman Bell and Jalil Muntaqim, in exchange for time served and probation.
  

Francisco Torres is now the only remaining SF 8 defendant. Your office also offered him probation and time served in exchange for a plea to a lesser charge. He refused your offer, and maintains his innocence.

Mr. Torres was born in Puerto Rico and raised in New York City. He is a Vietnam Veteran who fought for the rights of Black and Latino soldiers upon his return to the states. A former member of the Black Panther Party, he has been a long-time community activist and mentor to youth. He is a husband, a father and a grandfather.

Previous attempts to prosecute this case were dismissed in 1975 when it was revealed that so-called “confessions” were the product of torture by the New Orleans police department.

As members of the Board of Supervisors, we reiterate our opposition to the use of torture against any suspects.
In the name of fairness and justice and human rights, we urge you to reconsider the continuation of this misguided prosecution.

Signed By:

Supervisor Eric Mar
Supervisor John Avalos
Supervisor Chris Daly

[PDF version of this statement]

New e-mail address

We have a new e-mail address:

freethesf8 [pat] gmail [dot] com

The old one (at riseup) no longer works.

Thanks.

The San Francisco 8 – No More! Commentary by Mumi Abu-Jamal

The San Francisco 8 -- No More!
[column written 7/15/09] (c) '09 Mumia Abu-Jamal [Listen to this commentary by Mumia]

It's been 2 1/2 years since the San Francisco 8 – eight former members [and associates – ed.] of the Black Panther Party – were cast into California jails and threatened with life sentences stemming from the 1971 shooting of a cop.

Perhaps the State figured the post - 9//11 paranoia and mania would make this an easy case. Perhaps the government thought that because many of the accused were men of advancing age, decades away from their prime organizing and activist days, it would be a cake walk.

The 8 men fought with dignity, principle and unity – and several days ago – charges for 4 of them were dismissed altogether: Ray Boudreaux, Richard Brown, Hank Jones and Harold Taylor.

New York's Jalil Muntaqim pled no contest to conspiracy – and got time served in San Francisco County Jail – almost 2 1/2 years – with 3 years probation.

Herman Bell – another New York former Panther – took a similar deal earlier in July.

One ex-Panther, Francisco Torres, faces a hearing next month [October 9 – ed.], where most observers expect all charges to be dropped. Another, John Bowman, died before trial. The last, Richard O'Neal, was cleared pre-trial.

From the very beginning, back in the '70's – several of the men were brutally tortured by police in Louisiana to elicit false confessions (thus we see that Abu Ghraib really was nothing new).

The cases were dismissed decades ago -- on that basis alone.

That the prosecutions were reinstated at all is due more to the politicized Justice Department under John Ashcroft and George Bush – where torture was a tool of state – than anything else. Also implicated? The political ambitions of California Attorney General Jerry Brown, seeking the governorship.

No charges should've been brought in the first place – or if contemplated, dismissed under double jeopardy principles.

As it is – even the state admits – dismissal is valid due to insufficient evidence.

These results are due, in large part, to the solidarity of the men themselves, and some excellent, aggressive lawyering by assorted defense counsel, among them J. Soffiyah Elijah of Harvard Law School.

Several years ago, in a statement calling for support for the San Francisco 8, I implored supporters to fight for them now – before they fell into the clutches of the state containment system – instead of after.

Many took up that fight – leading to many of the most recent results.

-- (c) '09 maj
=======================
The Power of Truth is Final – Free Mumia!

URGENT Need for Petition Signatures at: www.iacenter.org/mumiapetition
Audio of most of Mumia's essays are at: www.prisonradio.org
Mumia's got a podcast! Mumia Abu-Jamal's Radio Essays - Subscribe at the website or on iTunes and get Mumia's radio commentaries online. mumiapodcast.libsyn.com

Herman Bell and Jalil Muntaqim Back in NY: Write Them

Both Herman Bell and Jalil Muntaqim (Anthony Bottom) have been transferred back to New York. Both will have parole hearings in the next month(s). You can write them at:

Herman Bell # 79D0262
Sullivan Correctional Facility
P.O. Box 116
325 Riverside Drive
Fallsburg, New York 12733-0116

Jalil Muntaqim (Anthony Bottom) #77A4283
Auburn Correctional Facility
135 State Street
P.O. Box 618
Auburn, NY 13021

SF 8 Statement: Gratitude for Support, the Struggle Continues

We, The San Francisco 8 - Herman Bell, Ray Boudreaux, Richard Brown, Richard O'Neal, Hank Jones, Jalil Muntaqim, Harold Taylor and Francisco Torres, express our deepest gratitude to the people of San Francisco and the world for their support and energy that brought about our success in this ordeal with the "justice system."

We and our support committee are claiming victory in this latest battle. As we go forward and prepare for the next one we ask that you lend your strength, your ideas and your spirit to win the dismissal of the charges against Francisco Torres. We also ask that you give your full support to the effort to gain release on parole by Jalil and Herman.

The many years of fighting this case have depleted our resources. We again ask that you help us raise the necessary funds to keep on battling. All contributions are deeply appreciated.

Let it be known that the San Francisco 8, as the Committee for the Defense of Human Rights, will continue to labor in the human rights struggle and the support of Political Prisoners. We depend on the continued support of our friends and allies around the world for without it none of our successes would be possible.

Herman Bell's final comment on the SF8 case

The Final Comment on the SF8
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

Charges dropped - Jalil pleads no contest – Cisco's case continues

Finally, after years of unified resistance by the brothers and a the building of massive support, California State prosecutors were forced to admit that they have insufficient evidence against the San Francisco 8.

On Monday July 6, charges against four of the defendants were dropped and Jalil Muntaqim pled no contest to conspiracy to commit voluntary manslaughter. The State prosecutor asked the court to sentence him to 12 months calling it "a drop in the bucket." Judge Moscone replied "unless you're the one doing the time." Jalil received credit for time served (close to 2 1/2 years in County Jail) and 3 years probation. He will return to New York to fight for parole. See his statement in the post below.

All charges were dismissed today against Ray Boudreaux, Richard Brown, Hank Jones, and Harold Taylor.

The courtroom at 850 Bryant Street was packed with SF 8 supporters after a rally of hundreds and a huge "Free SF 8" banner was displayed on the hillside of Bernal Heights to be seen from all over the city. For more photos, visit flickr.com/freethesf8.

"This is finally the disposition of a case that should never have been brought in the first place," announced attorney Soffiyah Elijah.

Francisco Torres still faces a court hearing on August 10. Francisco steadfastly maintains his innocence according to his attorney Charles Bourdon who intends to file a motion to dismiss the charges against his client.

Herman Bell entered a plea a week ago – see post below.

Jalil's Statement on the S.F. 8 Plea Agreement

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 SF 8, especially the San Francisco 8 Support Committee, Committee in Defense of Human Rights, Asian-Americans 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 Defender's 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

Herman Bell Pleads Guilty to Reduced Charge of Manslaughter – No Prison Sentence

Herman Bell was supported by a courtroom of supporters today as he entered a plea in the SF 8 case. After legal formalities he left the courtroom raising a clenched fist to the crowd. The following statement was issued by his legal team:

Herman Bell Pleads Guilty to Reduced Charge of Voluntary Manslaughter for a Sentence of Five Years Probation

Herman Bell was supported by a courtroom of supporters June 29th as he entered a plea in the SF 8 case. After legal formalities he left the courtroom raising a clenched fist to the crowd.

Herman Bell pled guilty to the reduced charge of voluntary manslaughter for his role in the killing of San Francisco police officer John Young in 1971.

Part of the plea agreement is that Herman will not be a witness against his comrades and friends and cannot be called to any hearing as a witness by the prosecution.

His sentence is that he will be placed on informal probation for five years and will be allowed to immediately return to New York. He will receive absolutely no additional prison time for his actions.

Herman and his co-defendants have always maintained that because of the torture used by the New Orleans Police Department to gain alleged confessions and the lack of new evidence, these charges should never have been brought.

Herman's letter to supporters and friends follows.
***************************************

7/2/09

Dear friends,

Your strong showing of support at my plea/sentencing hearing this past Monday was truly heartening. For me, removing the possibility of going to trial when a proposal (though unpalatable) is offered that would leave open a future chance at parole in another jurisdiction was something I could not pass up. So I accepted the AG’s proposal. There is no disunity here, just a tactical legal decision having been made. I could never be at peace with myself if I sat in a prison cell for the rest of my days knowing that I rejected a proposal that left open possible freedom one day. You expect me to think and act responsibly and to make responsible decisions. I expect no less of myself or of you.

I am so proud of you and all the work you’ve done in our behalf and in waking our movement from its lethargy proud of your speaking, proud of your fund-raising, proud of your organizing (the Labor Council, the City Supervisors, the Caravan to Sacramento such a sweet piece of “main stream” organizing, and the tribute to Panther women). So very proud that you were in court to smile your greetings whenever we appeared; proud that you made bail for those of us who could bail-out, and that you routinely visited those of us who could not. I shall miss your frequent visits, so how could I not go forward in this without a heavy heart. I do so thanking you for being true to yourselves and thanking you for the love and righteous support you gave and are giving the SF8.

I love you all.

Herman

New photo gallery on Flickr

Check out our photos of the demonstration last week: www.flickr.com/photos/freethesf8.