Free the SF 8

Photos from the victory celebration

2011-11-01T15:59:00.000-07:00

Hank Jones, Richard Brown, Cisco Torres, Ray Boudreaux, Richard O'Neal, Harold Taylor of the SF8 with Soffiyah Elijah (atty) and Claude Marks on sound in bkgrd. At the SF8 Victory Celebration at the African-American Art & Culture Complex.

The crowd of over 200 applauded again and again; the BLO welcomed us

2011-11-01T15:58:00.000-07:00

Generations joined in celebrating, some younger than the case itself, some from the Third World Strike at SF State, some could remember Marian Anderson singing at the Lincoln Memorial

The Brass Liberation Orchestra, who energized many of our rallies, were there in force to welcome everyone

Soffiyah and Cisco address the crowd

2011-11-01T15:51:00.000-07:00

Attorney Soffiyah Elijah runs the case down (with our invaluable stage manager Sarolta in the background)

Francisco "Cisco" Torres was the last of the defendants to have his charges dismissed – here standing with Ray Boudreaux and Richard O'Neal

Richard O'Neal, Harold Taylor, Hank Jones and Richard Brown

2011-11-01T15:46:00.000-07:00

Richard O'Neal and Harold Taylor

Hank Jones and Richard Brown

Ray Boudreaux, Richard O'Neal, Richard Brown and Francisco Torres

2011-11-01T15:44:00.000-07:00

Ray Boudreaux and Richard O'Neal

Richard Brown, Francisco Torres and Ray Boudreaux

Lawyers and families were there

2011-11-01T15:34:00.000-07:00

The victorious legal team was represented by Rai Sue Sussman, John Philipsborn, Chuck Bourdon and Stuart Hanlon – kudos to all!

Families came from far and wide, including Deshaun Bowman, son of John Bowman, who passed early in the case and is deeply missed

Continuing support for Herman and Jalil. Resistance to all political repression.

2011-11-01T15:30:00.000-07:00

Central to the celebration was our commitment to keep on until Herman Bell and Jalil Muntaqim are free, as expressed in this banner and letters to them

Jess Sundin of the Committee to End FBI Repression came from Minnesota to express her support, and the crowd voiced its support for those like Jess who continue to face political repression.

Maisha Quint helps remember Javad Jahi

2011-11-01T15:22:00.000-07:00

Maisha Quint read poetry from our departed comrade Javad Jahi

Hank Jones, Richard Brown, Francisco Torres, Ray Boudreaux, Richard O'Neal, Harold Taylor, Soffiyah Elijah and emcee Kiilu Nyasha thanked the crowd and all those supporters from France to Philly to Hawaii who could not be there

Kaylah Marin and devorah major contributed greatly

2011-11-01T15:16:00.000-07:00

Kaylah Marin's singing fused all our pain and joy

SF Poet Laureate added excruciatingly beautiful words

A hard-earned celebration

2011-11-01T15:13:00.000-07:00

Kiilu Nyasha emceed, the Brass Liberation Orchestra played

2011-11-01T14:13:00.000-07:00

Hank Jones, Richard Brown, Francisco Torres, Richard O'Neal, Harold Taylor, Soffiyah Elijah, Ray Boudreaux with emcee Kiilu Nyasha

The Brass Liberation Orchestra played for a slide show of the six+ year history of the case (John Bowman shown, RIP)

The Troublemakers Union led the dancing

2011-11-01T14:07:00.000-07:00

Performers danced, the audience danced – led by the young Troublemakers

Akinyele led great dance music by the Troublemakers Union

The Troublemakers Union played and played

2011-11-01T14:03:00.000-07:00

Young vocalists from the Troublemakers Union captured our hearts

The Troubemakers Union rocked the house

More of the Troublemakers Union

2011-11-01T14:00:00.000-07:00

Everyone loved the music

The Troublemakers Union played and played – fantastic!

Congratulations from supporters

2011-11-01T13:51:00.000-07:00

Supervisor (and mayoral candidate) John Avalos was there.

Long-time supporters Judy and Diana helped throw down.

Over 200 supporters, friends and family came to the victory celebration.

2011-11-01T13:43:00.000-07:00

Celebrate in SF Saturday Oct 22

2011-09-27T12:52:00.001-07:00

Saturday October 22, 7:00 p.m.
African American Arts & Culture Center
762 Fulton St, San Francisco

"It took over 4 1/2 years to win this case!"

2011-09-09T14:45:00.000-07:00

"The Court, having considered the Stipulation of Facts submitted by the parties…together with the previously submitted motion to dismiss, IT IS HEREBY ORDERED that this case be dismissed."

Dated August 18, 2011
Philip J. Moscone, Judge of the Superior Court

So concludes a case that was initiated in a Joint Terrorism Task Force investigation in 2003, grand jury investigations that locked up former Panthers in 2005, and charged eight brothers in January of 2007.

"It took over 4 1/2 years to win this case!" said Francisco Torres.

This case starts with an attack on the Ingleside Police Station in August of 1971, 40 years ago, in which a San Francisco Police Sergeant was killed. At the time, the attack was claimed to be a response to the assassination of George Jackson the previous week in San Quentin.

In 1973, in a major national police agency offensive and Cointelpro operation designed to destroy the Black Panther Party, over a dozen Party members were arrested in New Orleans. At least three of the men were tortured and forced to sign statements regarding the Ingleside attack. A 1975 prosecution based on the torture-induced statements was thrown out of court in San Francisco.

Then, in 2005, the government’s need to promote an "anti-terrorism" agenda and to re-criminalize the history of the Black Panther Party drove the reopening of this cold case through a Grand Jury decades later. There was strong resistance to the Grand Jury, but in 2007 charges were brought against the men who become the San Francisco 8.

With the same solidarity shown in resisting the 2005 Grand Jury, and with growing community support for the Brothers, and a film, The Legacy of Torture, which exposed the background, the San Francisco 8 case soon began to unravel for the prosecution. In an unprecedented development, five of the men were released on bail.

In 2008 the conspiracy charge against Francisco "Cisco" Torres was dropped and all charges against five were dropped (Ray Boudreaux, Richard Brown, Hank Jones, Richard O'Neal and Harold Taylor). Jalil Muntaqim and Herman Bell, who have spent decades in prison as political prisoners, pleaded no contest to reduced charges of conspiracy and manslaughter with no prison sentences. This left a single charge against Cisco for the last three years, which has just been dismissed.

Four and a half years of mass support for the Brothers, including resolutions from the San Francisco Central Labor Council, the Berkeley City Council, and several San Francisco Supervisors, have broken the back of a vindictive prosecution organized by Homeland Security, the FBI, and then California Attorney General (now Governor) Jerry Brown.

The Stipulation of Facts leading to the final dismissal of the case against Francisco Torres includes:

The loss of the alleged murder weapon
Statements about their torture by three men arrested in New Orleans – (police tortured them for several days employing electric shock, cattle prods, beatings, sensory deprivation, plastic bags and hot, wet blankets for asphyxiation)
Insufficient evidence to prove guilt
After three decades, memories faded, witnesses died (70 people have died including John Bowman – who was one of those tortured in New Orleans) , and evidence was “lost, destroyed or is otherwise unavailable” (as in illegally obtained or Cointelpro related)
In the 1970s, Reuben Scott, who was tortured, refused to testify for the prosecution, but suddenly, more than 30 years later changed his mind
Wiretap evidence was ruled not discoverable in 2009 (and these surveillance documents which could prove the Cointelpro campaign against the Panthers became a liability to the prosecution, some became lost or destroyed, or unavailable)

"Against the backdrop of the war on terror, steadfast solidarity among defendants and supporters of all stripes prevailed over conventional wisdom. Again the San Francisco 8 thank the people around the planet and especially the Bay. The success belongs to each and every one of you," commented Ray Boudreaux.

Hank Jones declared, "There’s no doubt in my mind, had it not been for the solidarity committee and the film, Legacy of Torture, we would have been railroaded. Mobilizing the way we did all across the country, put the government on notice that we were a force to be reckoned with!"

The defense committee has vowed to keep up the pressure until Herman Bell and Jalil Muntaqim are back with their families and community. Hank Jones said, "Now that Cisco is cleared, we can shift our focus to building a movement to release other political prisoners."

Radio interview on the dismissal of the final charges - listen

2011-09-05T21:06:00.000-07:00

For a great interview with Cisco Torres and Maisha Quint of the SF8 Committee on KPFA's Hardknock radio August 23, go to the archived show at www.kpfa.org/archive/id/72707.

Cisco cleared! Last of the charges dismissed

2011-08-19T20:49:00.000-07:00

"It took over 4 1/2 years to win this case!" said Cisco Torres.

Judge Philip Moscone signed and filed an order dismissing charges against Francisco Torres late Thursday, August 18, 2011. Cisco was the last of the San Francisco 8 facing charges in this 1971 case about the killing of a San Francisco police sergeant. In 1973 several of the men were brutally tortured by police in Louisiana to elicit false confessions. The case was dismissed in the 1970s, but charges were filed again in January of 2007 against eight former Black Panther Party members and associates.

They all resisted this renewed repression. Charges against Ray Boudreaux, Richard Brown, Hank Jones, Richard O'Neal and Harold Taylor were previously dismissed for insufficient evidence. Herman Bell and Jalil Muntaqim plead to greatly reduced charges receiving time served and probation.

Cisco Torres, speaking for himself and on behalf of the San Francisco 8, was elated, giving "Our thanks to all of our supporters for battling with us for so long – our victory is shared!"

Kiilu Nyasha, who has supported the SF8 from the beginning, has written "This is great news and we should all celebrate! This people's victory will boost our morale and reenergize us to continue our fight to free all our political prisoners, especially Herman Bell and Jalil Muntaqim, 2 of the 8 who remain in prison."

A more detailed statement and story will follow.

Resisting Repression - reflections through the decades

2011-02-17T19:52:00.000-08:00

An inspiring evening of conversation was had on February 27 with Francisco “Cisco” Torres and Dylcia Pagán, two life long Puerto Rican activists and former political prisoners. The program followed a reception for Emory Douglas' art show, a benefit for political prisoner Marshall Eddie Conway who called in to talk with the audience.

Dylcia Pagán is one of the 11 Puerto Rican former political prisoners granted clemency by President Clinton in September 1999. After serving 19 years, she immediately returned to Puerto Rico, where she and her compañeros/as were met with a huge welcome celebration. She has remained active in the Puerto Rican struggle and will discuss the case of Puerto Rican political prisoner Oscar Lopez Rivera as well as what is happening in Puerto Rico today.

Francisco Torres is the last remaining defendant in the SF 8 case. This is a 40 year oldcase based on testimony obtained through torture. The defendants were community activists formerly associated with the Black Panther Party. Charges against five of the eight men were completely dropped, while two others got probation and time served. The California Attorney General’s office has refused to drop the charges against Francisco and has dragged on this case for over three years, apparently hoping that the huge public support which the SF8 has built will disappear.

[Note: Judge Philip Moscone signed and filed an order dismissing charges against Francisco Torres late Thursday, August 18, 2011. For more info, see more recent posts.]

Canceled: Evidentiary hearing for Cisco

2010-12-03T21:41:00.000-08:00

In a brief court appearance December 3 for Francisco (Cisco) Torres, Judge Moscone granted the defense motion for an evidentiary hearing WHICH HAS SINCE BEEN CANCELED. The defense had planned to call retired San Francisco police officer Henry Fikkers to testify about wiretaps he has claimed to know about.

The police, FBI, and prosecution have claimed all along that there were no wiretaps relevant to the case, an assertion which seems absurd on its face given the well documented use of taps on the left and on the Black Panther Party in particular during the time period of the case (1968-1973). However, many of those wiretaps were illegal and courts have thrown out charges in other cases based on their use, so it is no surprise that the state wishes to hide their possible existence in the San Francisco 8 case.

Even though she has joined the ancestors, our sister Marilyn Buck is still extending her aid in our struggle for justice -- it was her unbowed assertion of solidarity with the Black Liberation Movement and the very public celebration of her life at memorials across the country that set off officer Fikkers vile rant that exposed the wiretaps.

Report from court November 18 - Delay and phantom evidence

2010-11-18T14:55:00.000-08:00

In a brief appearance in court today on the last remaining charge in the San Francisco 8 case, Judge Moscone set December 3 to hear arguments as to whether there will be an evidentiary hearing on possible wiretap evidence. The defense filed a motion for the hearing after a retired San Francisco police officer let slip his having heard of such evidence, which had previously been denied by the prosecution. Although supporters in the courtroom were fewer than before, there was still a visible presence reaffirming to all parties that we are not going away.

If the judge grants the motion, the evidentiary hearing will be held December 15. Note that this will be limited to the existence (or not) of wiretaps; it is not the long-delayed Preliminary Hearing to determine whether there will even be a trial. The continued delays and the piecemeal revelations of lost, hidden, destroyed, and phantom evidence only strengthen the defense motion to drop the "charges" due to prejudicial delay. Actually, the "charges" have now dwindled to a single charge against a single remaining defendant, Francisco "Cisco" Torres.

In addition to hearing arguments on the motion for an evidentiary hearing, the judge will also use December 3 to schedule future court dates.

Come to court December 3 at 9:30 a.m., Department 23. Representing our continuing support is crucial, even at these "routine" court appearances

Report from court October 13

2010-10-14T15:47:00.000-07:00

The October 13 court appearance for San Francisco 8 defendant Francisco (Cisco) Torres merely scheduled the next arguments on the defense motion to hold an evidentiary hearing. These arguments will be heard November 18th at 9:30 a.m. in Department 20, 850 Bryant St.

At the previous court date, Cisco's attorney, Chuck Bourdon, with attorney Rai Sue Sussman, filed a motion for an evidentiary hearing to be held before the Preliminary Hearing on the one remaining murder charge against Cisco, the only remaining defendant. The evidentiary hearing is to examine the existence of wiretap evidence from 1971 which may have been "lost," hidden, or destroyed. While the prosecution has denied that such wiretap evidence exists, a retired San Francisco police officer has claimed knowledge of wiretaps in a vile rant against the late Marilyn Buck while threatening to disrupt her upcoming memorials, November 7th in Oakland and November 13th in New York City.

The prosecution is acting as if such missing evidence is insignificant and opposes even a limited evidentiary hearing.

There was again a substantial turnout of supporters in the courtroom and hallways. Cisco sent his appreciation.

Come to court November 18th at 9:30 a.m., Department 20, 850 Bryant St - for arguments on whether there will be an evidentiary hearing. Representing our continuing support is crucial, even at these "routine" court appearances.

Wiretaps in SF8 case after all? Report on court Sep 17, 2010

2010-09-18T09:02:00.000-07:00

A brief court appearance on September 17 for the last of the San Francisco 8 defendants, Francisco (Cisco) Torres, turned out to be not so routine.

Cisco's attorney, Chuck Bourdon, with attorney Rai Sue Sussman, filed a motion for an evidentiary hearing to be held before the ever-receding Preliminary Hearing on the one remaining charge (murder). The evidentiary hearing for which they are calling is to examine the existence of possible wiretap evidence from 1971 which may have been "lost," hidden, or destroyed. While the prosecution has denied that such wiretap evidence exists, a retired San Francisco police officer has claimed knowledge of them (in a vile rant against the memory of the late Marilyn Buck, along with a threat to disrupt her upcoming memorial).

There was a large and moving show of solidarity from supporters in the courtroom and hallways. Cisco sent his appreciation. Representing our continuing support is crucial, even at these "routine" court appearances – and sometimes we are witness to something completely unexpected.

Waiting for more discovery in last SF8 case

2010-07-14T10:50:00.000-07:00

Numerous supporters of the San Francisco 8 came to the San Francisco courthouse at the beginning of the month (July 1) even though the only issue to be decided was the scheduling of future court dates. This was an important show of support for Francisco Torres, the last of the SF 8 still facing charges, since the prosecution may have hoped that the summer doldrums and long gaps between court appearances would erode solidarity.

The judge set September 17 for the next status appearance and for establishing the briefing schedule for the motion to dismiss the remaining charges.

Defense attorney Chuck Bourdon explained that the FBI has still not provided all the evidence in the discovery process, claiming that they are still looking for it. In the meantime it only becomes more apparent that the long delays in the thirty-nine-year old case are prejudicial to the cause of justice.

So mark your calendars: September 17 at 850 Bryant Street, San Francisco.

Strong support for SF 8 - Cisco Torres hearing

2010-04-20T22:15:00.000-07:00

A spirited demonstration Monday morning (April 19, 2010) included many members of the community, five of the San Francisco 8, leading members of the Black clergy, San Francisco supervisors Eric Mar and John Avalos, and the beat of the Brass Liberation Orchestra. The crowd demanded that the charges be dropped against Francisco Torres, the last remaining defendant in the case.

The actual court hearing was packed with supporters but was extremely brief. It merely set a drop-dead compliance date of May 28 for the prosecution to either come up with additional discovery or admit that evidence referred to in previous documents is missing or destroyed. This stipulation will underscore the prejudicial delay that has been argued since the beginning of this 39–year old case based on torture and rooted in the government’s COINTELPRO attack on the Black Panther Party.

Come to court Monday April 19 8:00 a.m.

2010-04-02T15:04:00.000-07:00

Enough is enough! It's time to drop the charges on Francisco Torres and the SF8!

Attorney General Jerry Brown and the state of California have spent more than 2 million dollars to prosecute a 39-year-old case based on torture. The charges have already been dropped on 5 defendants and 2 more got probation – all because of lack of evidence. Now it's time for the case to be finished – all charges must be dropped on Francisco Torres as well.

Let's show Jerry Brown and the prosecution that we won't stop until the last charges are dropped!

For more information: www.freethesf8 .org

Pressure builds to dismiss charges against Francisco Torres

2010-02-19T09:20:00.000-08:00

Francisco Torres, joined by a full courtroom of supporters, noted that it has been over three years since eight former Panthers and activists were charged with a 39-year old case. Today's court appearance (February 18) was brief as the defense continues to demand the turning over of evidence showing that various government agencies are either holding back information or have lost valuable evidence that supports Cisco's innocence.

The SF Board of Supervisors recently voted unanimously to demand that the city be reimbursed by the State of California which is prosecuting the case. To date this prosecution has cost San Francisco over $2 million.

The strong show of support in the courtroom makes clear that despite significant delays, the community continues to stand firm in the demand that the charges against Francisco Torres be dropped.

SF Supervisors call for $2M reimbursement from state

2010-01-15T13:02:00.000-08:00

[Seeking reimbursement from the State of California for funds expended by county]

Resolution urging state and local officials to obtain reimbursement for funds expended by the City and County of San Francisco to provide legal representation in homicide case instituted by the Attorney General.

WHEREAS, in 2007, the California Attorney General filed charges against eight men --- Herman Bell, Ray Boudreaux, Richard Brown, Henry Jones, Jalil Muntaqim (Anthony Bottom), Richard O’Neal, Harold Taylor and Francisco Torres --- involving a homicide case which occurred in 1971. Charges had been previously dismissed in 1975 against several of the accused individuals. Although the San Francisco District Attorney’s office, after reviewing the evidence in the case, declined to prosecute the case, the California Attorney General decided on its own to prosecute the case in the San Francisco courts, 26 years after the incident that gave rise to the charges; and,
WHEREAS, due to the extraordinary complex nature of the case, the length of delay in the prosecution of the matter, and the need for extensive investigation and trial preparation, the San Francisco Superior Court appointed attorneys and approved funding to pay necessary support staff and other ancillary expenses to represent seven of the eight individuals charged; the Public Defender represented one individual, but was unable to provide representation for the seven other defendants due to the state’s conflict of interest rules; the Public Defender was also assisted by an appointed attorney to assist the Deputy Public Defender assigned to the case.
WHEREAS, at the time that said funding was approved, it was anticipated by the parties, as well as the Deputy Attorney General, that the county would seek reimbursement of county funds from the State of California; and,
WHEREAS, both the Public Defender’s office and the Superior Court agreed to keep track of all expenses related to the representation provided in this case so that all necessary documentation could be provided in order to seek state reimbursement of such costs; and,
WHEREAS, in 2007, Public Defender Jeff Adachi met with former State Senator Carole Migden to ensure that state reimbursement would be sought in this case; Senator Migden agreed to seek such funding when the case was concluded; and,
WHEREAS, in 2009, the Attorney General offered plea bargains to two of the individuals charged in the case; charges against five individuals were dismissed; and,
WHEREAS, the case has now concluded against seven of the eight individuals charged; the two cases which resulted in pleas were resolved for reduced charges and no additional jail or prison time; and,
WHEREAS, the City and County of San Francisco has expended an estimated $2 million dollars in legal costs to provide legal representation in this matter to the individuals charged in this matter; and,
WHEREAS, the costs of providing the legal defense in this case has exhausted county funding for indigent defense; that in 2008, the San Francisco Board of Supervisors approved supplemental funding in the amount of $ 1,938,846 to cover costs related to the defense of this case;
WHEREAS, due to the city’s budget deficits, funding for the Public Defender and indigent defense has suffered as a result of the amount of the expenditures required for this case;
WHEREAS, the City and County of San Francisco is entitled to reimbursement from the State of California for the funds expended to represent the individuals charged in this case because the State Attorney General unilaterally decided to pursue charges against them, making this case a “state-mandated” expenditure; and, now, therefore be it
RESOLVED, The Board of Supervisors urges Senator Mark Leno, Senator Leland Yee and Assemblymembers Fiona Ma and Tom Ammiano to assist the Mayor’s office in seeking reimbursement for funds expended in this case by the City and County of San Francisco;
BE IT FURTHER RESOLVED THAT, The Board of Supervisors calls on Attorney General Jerry Brown to join the reimbursement request for the legal expenses incurred in this case.

Supervisors Mar, Campos and Mirkarimi
BOARD OF SUPERVISORS 1/15/10

More discovery, more prejudicial delay for Francisco Torres' case

2010-01-07T12:21:00.000-08:00

In the last remaining San Francisco 8 case, that of Francisco (Cisco) Torres, the defense team revealed that the prosecution produced an additional 400 pages of discovery on New Year's Eve 2009. That discovery includes internal police memoranda which point to the existence of documents that have not yet been produced, identified, or noted to be lost or destroyed.

The additional delay provides an opportunity to discover more facts, documents, and evidence of the mishandling of evidence by the San Francisco police and the FBI, according to Cisco's attorney, Chuck Bourdon. This additional evidence will strengthen the defense argument that the case must be dismissed for unjustified prosecutorial delay which has prejudiced Cisco's right to a fair trial.

Last conspiracy charge dropped - Dec 3 court report

2009-12-03T12:20:00.000-08:00

In court December 3, the prosecution dropped the conspiracy charge against Francisco (Cisco) Torres, citing lack of evidence. The defense has argued from the beginning that the conspiracy charges against the San Francisco 8 from 37 years ago had no validity because the statute of limitations passed long ago. The state's motion to dismiss this count two (conspiracy) tacitly acknowledges the defense arguments which had already led to dismissing the conspiracy charges against Richard O'Neal, Herman Bell, Hank Jones, Ray Boudreaux, Richard Brown, and Harold Taylor.

Motion to dismiss: prejudicial delay

The next court date is scheduled for February 18 (at 9:00 a.m. in Department 22) set hearing dates on the motion to dismiss and for preliminary examination.

A strong turn out of supporters made clear the continuing attention the case is getting.

A Spirited Rally and Packed Courtroom for Francisco Torres

2009-10-09T22:42:00.000-07:00

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.

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

2009-10-01T08:58:00.000-07:00

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

2009-08-31T21:51:00.000-07:00

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

2009-08-24T12:46:00.000-07:00

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

2009-08-19T20:52:00.000-07:00

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
=======================
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Herman Bell and Jalil Muntaqim Back in NY: Write Them

2009-08-19T20:42:00.000-07:00

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

2009-08-09T22:33:00.000-07:00

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

2009-07-14T11:15:00.000-07:00

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

2009-07-09T12:52:00.000-07:00

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

2009-07-08T11:43:00.000-07:00

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

2009-06-29T17:27:00.000-07:00

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

2009-06-13T16:07:00.000-07:00

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

Open Letter: "Drop the Charges" published

2009-06-10T15:35:00.000-07:00

The open letter to California Attorney General Jerry Brown asking him to drop the charges against the SF8 was published in the San Francisco Bay Guardian June 3. You can view it here (4 page PDF) with additional signers.

Crowd demands: Drop the Charges

2009-06-08T16:56:00.000-07:00

A spirited picket line of some 300 people filled the block in front of the San Francisco County Courthouse chanting "Drop the charges" and "Free the eight." The June 8 rally loudly announced that the community will not allow the persecution of the San Francisco 8 to go forward without a concerted struggle.

The picket line was joined by SF Supervisor Eric Mar, who called the San Francisco 8 case "COINTELPRO 2009" referring to the FBI counter-intelligence program carried out with local police agencies to destroy the Black Panther Party.

The Brass Liberation Orchestra maintained the tempo as the crowd and defendants Richard Brown, Hank Jones, Harold Taylor and Cisco Torres marched along, prompting Ray Boudreaux, another of the eight to remark that "this demonstration takes me back to New Orleans." The marchers raised the spirit so that they could be heard inside the jail by Herman Bell and Jalil Muntaqim, who remain locked up at the same location.

Soffiyah Elijah, one of the lawyers for the eight, thanked the crowd and announced after a day of closed hearings that the preliminary hearing was scheduled to start on Monday, July 6. (See later post, above for the resolution.) The defendants, their support committee and defense attorneys say that the eight are innocent, that they cannot get a fair trial because too much time has passed, that there is no new evidence, missing evidence, and that the prosecution's case relies on statements made under torture in New Orleans and ruled illicit in the 1970s. This same case was dropped over 30 years ago by the San Francisco District Attorney.

Program in SF 6/5: HOMEY Presents: Hands Off the OGs!

2009-05-26T20:55:00.000-07:00

San Francisco, June 5, HOMEY Presents: By Any Means Necessary, Hands Off the SF8! Movie screening, discussion, and workshop with folks from the SF8. HOMEY office, 1337 Mission Street at 9th, 6:00–8:30. Sponsored by Homies Organizing the Mission to Empower Youth.

New article from SF Bay Guardian

2009-05-05T09:51:00.000-07:00

An excellent and timely article on the case by Ben Terrall on the politics blog of the San Francisco Bay Guardian.

The SF 8 case as an attempt to rewrite history

2009-04-30T21:39:00.000-07:00

Why would the state spend millions to prosecute the San Francisco 8, a 38-year old case that has already been dropped several times?

While there are several aspects to the answer, the activist journalist Dan Berger offers one important response in a recent article: "... the current moment is a pivotal one in shaping how society perceives the history and impact of the black freedom struggle." This case is one that is "being reopened in a post–civil rights world that has seen an immense retreat from racial justice ... these cases constitute spectacular intervention by the state in how the black freedom struggle is remembered".

In other words, the charges are an attempt to rewrite the history of the Black Liberation Movement as a mere criminal conspiracy. With political cases such as this one, "... prosecutions emerge out of pre-existing cooperation between state and federal law enforcement agencies. There does not seem to be any visible social movement clamoring for these men to be incarcerated. ... In the prosecution of black radicals ... black power emerges only as villain."

Get the complete article as a 20 page PDF file: "Rescuing Civil Rights from Black Power: Collective Memory and Saving the State in Twenty-First-Century Prosecutions of 1960s-Era Cases" by Dan Berger in the Journal for the Study of Radicalism, volume 3, issue 1 (Spring 2009).

Tribute to Women of the BPP a great success

2009-04-30T21:15:00.000-07:00

Rank-and-file women of the Black Panther Party were honored at a program on April 18, organized by the San Francisco 8 and the Black Student Union of San Francisco State University along with the SF 8 support committee. It was a deeply moving, uplifting, and encouraging event featuring a panel of six Panther women ("there is no such thing as a former Panther," said one) sharing their experiences of the Party.

The photo below shows the women of the panel with members of the SF 8 and supporters.

Photo by Scott Braley

April 24 SF 8 Hearing: wiretaps off limits

2009-04-28T11:03:00.000-07:00

At the April 24 (2009) hearing, Judge Moscone denied defense requests to force the release of FBI wiretap surveillance of Black Panther phones in the San Francisco 8 case. In doing so, he accepted the affidavit of an FBI "taint team" which has not been seen by the defense and asserts that no FBI wiretaps include any surveillance of the eight. It was argued that it is hard to believe the FBI’s findings about their own surveillance and even more unbelievable that the illegalities of COINTELPRO (the FBI’s counter intelligence program) would not be relevant in this case. Nonetheless, the ruling makes these wiretaps “undiscoverable at this time,” according to the Judge's ruling.

The prosecution claims not to have any access to these wiretaps either. This assertion is equally incredible given that the FBI always worked with local and state police agencies in conducting its war against the Black Liberation movement. The prosecution also claims that it cannot order the release of FBI files – which is absurd given that the FBI was “involved since day one” according to defense arguments and is borne out by the fact that an early grand jury was called by the federal government in this case.

It was made clear in court today that the FBI made the Black Panther Party the number one target of the FBI at the time and that there is no doubt that this includes these men because of their relationship to the Party. The Judge responded by likening such requests to a defense fishing expedition.

Neither Herman Bell nor Jalil Muntaqim was handcuffed in the courtroom. Lynne Stewart, her husband, Ralph Poynter, and Ward Churchill showed their solidarity with the San Francisco 8 by joining numerous other community members for today’s hearing.

The Preliminary Hearing in the SF 8 Case begins Monday, June 8th. It is scheduled to run Monday-Thursday for 3-4 months. Please check here and the website to sign up for emails, sign the letter to Drop the Charges and organize support!

SF Labor Council stands by their "Drop the Charges" Resolution - supports SF8

2009-04-14T10:03:00.000-07:00

Despite attempts at intimidation by the San Francisco Police Officers Association, the brothers and sisters of the San Francisco Labor Council defeated a motion to rescind a February resolution calling for the dropping of charges against the San Francisco 8. (See the resolution here as a PDF file). The final vote on Monday night, April 13th was 45-40. This vote is a tribute to the solidarity of the progressive labor movement in San Francisco and its willingness to value political principles and refusal to endorse a 37-year old prosecution based on statements made under police torture. We thank all the delegates and the rank and file members of the Bay Area unions that voted and signed statements of solidarity - calling for the dropping of charges against the San Francisco 8!

*******************************************************************************
Letter to the voting delegates at April 13, 2009 meeting which was signed by more than 30 SF Labor Council delegates and many other labor and community supporters:

To Our Brothers and Sisters in the San Francisco Labor Council

We, the undersigned union activists, delegates and concerned community members, urge you to uphold the San Francisco Labor Council resolution opposing the unjust prosecution of the San Francisco 8.

As the Labor Council Resolution states, “Therefore be it Resolved, that in the name of fairness, justice and human rights – and to express our outrage that this prosecution based on coercion and tortured ‘confessions’ in this 36-year-old case would be allowed to proceed – that the San Francisco Labor Council calls on California Attorney General Jerry Brown to drop all charges against the San Francisco 8 defendants.”

The resolution was originally passed on February 9th as part of an open and democratic process:

1. Social & Economic Justice Committee discussed the SF 8 case at its Nov.'08, and Jan. and Feb. '09 meetings, and voted unanimously to bring the resolution to the Council.

2. At the February 9th council meeting the Social & Economic Justice Committee introduced one of the SF8 defendants, Richard Brown, who spoke to the delegates, receiving a warm welcome. Under new business, after extensive discussion, the SF8 resolution was amended and then passed resoundingly, with no dissenting votes. No officer or delegate raised any objection to the resolution.

3. The resolution was then posted on the SF Labor Council website, signed by the executive director.

4. At the Feb. 23rd council meeting, delegates approved, without objection, the minutes of the Feb. 9 meeting, signed by the executive director. These minutes reported on the adoption of the SF8 resolution. No officer or delegate present at the Feb. 23rd meeting raised any objection to the resolution.

It was only after a public attack on the resolution by Gary Delagnes, head of the San Francisco Police Officers Association, that five members of the Executive Committee backtracked on the resolution and called for it to be rescinded. The statement by Mr. Delagnes is classic McCarthyism, filled with half-truths and unfounded charges.

The Labor Council has a proud history of standing up for social justice in the face of controversy and intimidation. This is not the time to take a step backwards.

The following labor and community members and more than 30 SFLC delegates urge the San Francisco Labor Council to uphold the resolution opposing the unjust prosecution of the San Francisco 8 defendants:

Senior Action Network (SAN)…School Bus Drivers UTU 1741 delegate Shane Hoff… American Postal Workers delegates Jean Taylor, Alice Lindstrom Davis, Vernelle Hawkins, Richard Stone…APWU delegate & SFLC Exec Ccl member Rosa Faye Marshall…SFLC Vice Pres & Pride at Work delegate Howard Wallace…LCLAA Pres., SFLC delegate & Exec Ccl member Frank Martin del Campo…Carpenters delegate Jim Salinas…SEIU 1021 delegates Maria Guillen, Jonathan Meade, Francesca Rosa, David Williams…AFT 2121 delegates Pablo Rodriguez, Allan Fisher, Warren Mar, Rodger Scott…IAM 1781 delegate and retired President Carl Finamore…SEIU 1000 delegate Tami Bryant…OPEIU 3 delegate & SFLC Exec Ccl member Alan Benjamin…Council of Community Housing Organizations & SF Housing Justice Network organizer Rene Cazenave…Letter Carriers 214 delegates Carl Bryant, Dave Welsh…Media Workers Pres. & delegate Gloria La Riva…Ironworkers 377 delegate Mike Daly…Arab American Union Members Council Pres. Monadel Herzallah… ILWU 10 delegate & Alameda Labor Council Exec Bd member Clarence Thomas…SF Day Labor Program director & La Raza Centro Legal organizer Renee Saucedo…Just Cause Oakland & Black Alliance for Just Immigration organizer Phil Hutchings…Poet and UPTE/ CWA 9119 delegate Nellie Wong…Inland Boatmen’s Union (ILWU) delegate Robert Irminger and member Samantha Levens…ANSWER Coalition…Pride at Work member Wendy Lee…SFLC delegate Denise D’Anne…SF Gray Panthers…Sign Display 510 member David Grace…SEIU 1021 member Linda Ray…US Labor Against the War coordinator Michael Eisenscher…AFT 2121 member Bill Carpenter…Former AFT 2121 president & SFLC Exec ccl member Allan Fisher…ILWU 10 Exec Bd memberJack Heyman… Radio host Kiilu Nyasha…SEIU delegate Kathy Lipscomb… Plumbers 393 Exec Bd member & So. Bay Labor Ccl delegate Fred Hirsch…CUE #3 former president Michael-David Sasson…Retired AFSCME, SEIU & IFPTE union rep Linda “Spike” Kahn…Haiti Action Committee and its co-founder Pierre Labossiere… Retired unionist and California Alliance for Retired Americans (CARA) activist Mary Magill… ATU 1555 member Gene Pepi…Teamsters member Art Persyko…Health Care for All organizer & union activist Don Bechler…People Organized to Win Employment Rights (POWER) Exec Director Steve Williams…Education not Incarceration organizer mesha Monge-Irizarry…SF senior activist Michael Lyon.

For individual signers, organizations listed for ID only

In addition to the above, the following have passed a resolution or signed an Open Letter urging that charges against the San Francisco 8 be dropped:

Center for Constitutional Rights…Archbishop Desmond Tutu and four other Nobel Peace Prize laureates… Actor Danny Glover…San Francisco Labor Council…Union organizer and civil rights activist Aileen Hernandez…Veteran SF and Bayview grassroots activist Jim Queen…Former Georgia Congresswoman Cynthia McKinney…Metropolitan Community Church of SF senior minister Rev. Lea Brown…SF School Board president Kim-Shree Maufas, vice-presidentJane Kim and former president Mark Sanchez…UAW Southeast Region VP & Local 2320 Jeffrey Segal, Esq…SEIU District 1199 officer Bruce Richards… UCSF Clinical Professor of Psychiatry Jess Ghannam…Global Exchange board & radio host Walter Turner…San Francisco Bay View Newspaper publisher Willie Ratcliff… Author and journalist Ron Jacobs…SF Elections Commissioner & NAACP VP Rev. Arnold Townsend… Co-director Legal Services for Prisoners with Children Dorsey Nunn… International Assn of Jurists attorney Lennox Hinds, Esq…Bay Area radio jazz DJ Art Sato… Black Flight Attendants-Detroit chapter member Shaakira Edison…UC-Santa Cruz professor emeritus Angela Davis…Maranatha Christian Center (San Jose) Associate Minister Rev. Steven Pinkston...Ecumenical Peace Institute coordinator Carolyn Scarr…CSU-East Bay Prof. emeritus Roxanne Dunbar-Ortiz…Interfaith Center on Corporate Responsibility director Gary Brouse…Attorneys Anne Butterfield Weills (Oakland), Nadia Yakoob (SF), Mark Merin (Sacramento), Melinda Power (Chicago), Allison Brown, Annette Ensley, Barry Beroset, Bernida Reagan, Carol Smith, Carol Watson, Chris Ford, Colleen Flynn, Collins Pettaway Jr.,David Addams, Florence Morgan, George Lewis, Gilda Sherrod-Ali, Judith L. Bourne, Kafahni Nkrumah, Kaleema Hadera Al-Nur (JD), Lee Goldstein, Marc Fancher, Marlene Archer, Mimi Ghirmay, Regina Jemison, Roger Wareham, Ron Scott, Roslyn Morrison, Sam Feneque (JD), Sarida Scott, Tara Curtis, Terry A. Price, Thomas Ruffin Jr, Helen P. Arnold and Standish E. Willis(Nat’l Conference of Black Lawyers, Chicago), Ivy Thomas Riley and Jeffrey L. Edison (Nat’l Conference of Black Lawyers, Michigan), Rev. Khalfani Drummer and Ronald Isaac (Nat’l Conference of Black Lawyers, DC Metro)…Professors Sam Green (USF and SF Art Institute), William Crossman (Berkeley City College), Kathleen Densmore (San Jose State), Adjoa Aiyetoro (U of Arkansas-Law), Bernedene Allen (College of Marin), Jose Palafox (UC-Berkeley),Julia Sudbury (Mills College), Leslie Fleming (Merritt College), Ana Lopez (Hostos Community College, Bronx, NY), Lisa Brock (Columbia College, Chicago)…National Lawyers Guild President Marjorie Cohn…Cornell University African Studies & Research Center associate Dr. James Turner… Therapist Beverly A. Jones (specializing in prison-related trauma, Berkeley, CA)…Westchester County Peace Action Coalition Exec Director Connie Hogarth… and hundreds more.

For individual signers, organizations listed for ID only

March 27 SF8 Hearing: Prosecutors Still Stalling

2009-03-27T12:42:00.000-07:00

In a San Francisco courtroom with two to three times more security officers than 'normal,' members of the San Francisco 8 and their attorneys continued to press for release of federal wiretap surveillance of the Black Panther Party offices. More written arguments are now to be filed by mid April with oral arguments scheduled for Friday, April 24 at 9:00 a.m. The Preliminary Hearing is still scheduled to start June 8, 2009 and conclude by September 3, with court four days a week straight through. The Preliminary Hearing will determine whether there are grounds to bring the case to trial.

Prosecutors are reluctant to make these documents public presumably because they would tie the FBI's COINTELPRO program to this prosecution. COINTELPRO illegally targeted the Black Panther Party, its members and associates in precisely the time period covered by the prosecution's conspiracy allegations (1968-1973).

The increased courtroom security included the handcuffing and shackling of Herman Bell and Jalil Muntaqim. This issue had been argued and resolved twice before, resulting in a court ordered agreement with the San Francisco County Sheriff to allow the two jailed defendants full use of their hands in court and the dignity of not being fully restrained. Their attorneys refused to move forward unless directly ordered by the court, and eventually the defendants were freed of handcuffs for this pro forma hearing. This issue is likely to arise again before the next court hearing.

Next hearing April 24 at 9:00 a.m.

Update from Hearing of March 6: Nothing New

2009-03-06T16:40:00.001-08:00

At a brief hearing on March 6 the key matter of discovery was held over (postponed). The Preliminary Hearing is still scheduled to start June 8, 2009 and conclude by September 3, with court four days a week straight through. The Preliminary Hearing will determine whether there are grounds to bring the case to trial.

In the matter of discovery, there is still no resolution to defense demands for complete discovery – not that anything new has been produced by the prosecution after over 37 years. Now that we have passed the 2-year anniversary of the "new" charges (charges that were dismissed in the 1970s by San Francisco prosecutors), the prosecutors are still reluctant to turn over "non-discoverable" evidence, information about FBI wiretaps, contact information for potential key witnesses, forensic tests about weapons (some weapons were destroyed or sold by New Orleans police), and the names of agents and examiners whose fingerprint analysis exonerates all the men charged in the SF 8 case. [Note: results of the weapons tests were finally released in January and they show no match between the alleged weapon and the scene. See court updated from January 23 below.]

To listen to the prosecution explain it, evidence is not being withheld with intent. Yet some of these very requests for information (discovery) were raised in court in 2007 and have still not been met.

Despite understandable objections by both Herman Bell and Jalil Muntaqim over delays, the preliminary hearing in the San Francisco 8 case has now been set for June 8 to September 3, 2009. Both Herman and Jalil are essentially locked down in the SF County Jail, and continue to have their rights to parole hearings in New York state denied.

February Events Supported the SF8

2009-03-06T16:27:00.000-08:00

Black History Month Celebrated by SF Labor Council

Racism, Repression and Rebellion: The Lessons of Labor Defense was held February 14 at the ILWU Local 10 Hall in support of the SF8, Mumia, Troy Davis, and Oscar Grant.

The ILWU was born out of the militant 1934 Big Strike in which police killed two strikers in San Francisco, shooting them in the back. Still today police are banned from membership in Local 10. The union has a legacy of defending those under attack by the government, in particular reds and blacks, from Harry Bridges to Paul Robeson to Angela Davis to Mumia Abu-Jamal and Troy Davis. For Black History Month Local 10 organized this rally to teach the lessons of the need for unity of action to defend against government repression and racist profiling. These lessons are never more necessary than today as evidenced by the brutal murder by BART police of Oscar Grant.

Speakers included Richard Brown of the SF8, Angela Davis, Martina Correia (sister of Troy Davis on death row in Georgia), Rev. Cecil Williams, Robert R. Bryan (attorney for Mumia Abu-Jamal), Gerald Smith (Labor Action Committee to Free Mumia Abu-Jamal), Pierre LaBossiere (Haiti Action Committee), and JR (Prisoners of Conscience Ctte). Entertainment was provided by Jack Hirschman, S.F. Poet Laureate; Tayo Aluko, Nigerian Actor portraying Paul Robeson; Upsurge Jazz/Poetry Music and others.

COINTELPRO Repression Opposed in Chicago Programs

Click to enlarge graphic below.Campaign for Herman Bell, Jalil Muntaqim to Attend Parole Hearings

Jalil Muntaqim and Herman Bell (of the San Francisco 8) are two of many who sacrificed so much during the Civil Rights and Black Liberation Movements. Both have been held captive since the early 1970’s. Jalil and Herman are being denied of their right of parole hearings because neither the California nor New York Governor will act on their request to be transferred to NY in order to work on their parole hearings.

“Phone for Parole!” every Monday during Black History Month

SF8 supporters commemorated Black History Month in many ways, including calling and faxing for the immediate transporting of Jalil Muntaqim and Herman Bell for parole hearings. Please look at the letter below for more details on this injustice. Feel free to use it as a basis for your fax or phone call.

Free the SF 8!!

______________ SAMPLE LETTER _____________
Honorable David A. Paterson
Governor of the State of New York
State Capitol
Albany, NY 12224
FAX: 1-518-474-1513, 1-518-474-3767
david.paterson@chamber.state.ny.us
phone: 518-474-8390

February, 2009

Dear Governor Paterson:

I call upon you to immediately approve the already agreed upon transfer
of Herman Bell (DIN 79C0262)  and Anthony Bottom (DIN 77A4283)
(aka Jalil Muntaqim), back to New York State custody to attend their
parole hearings.

The San Francisco County Jail does not have the proper facilities or capacity to hold people for an extended period of time, and two years in sub-standard living conditions, woefully limited visits and little to no access to proper medical care or activities has had devastating effects on Mr. Bell and Mr. Bottom and their families. Both of these men have been incarcerated for over 35 years and are model prisoners. Their return to New York State is essential in order for them to be present for crucial parole hearings. It is unfair and cruel to deny them this right.

Additionally, Mr. Bottom has submitted a fully documented application to you for clemency/commutation of his New York sentence. Please do not allow Mr. Bottom's custody in California to lessen the urgency of acting on his compelling case.

Please act now to end this injustice.

Sincerely,

(Print Name)
(Signature)
(Address)

SF8 on TV: watch it here

2009-02-10T22:25:00.000-08:00

A recent Grit TV show with Laura Flanders featured Kamau Franklin and Francisco Torres (one of the defendants) on the case. See it on Blip TV at blip.tv/file/1714182

SF8 Presentation at Oklahoma University Jan. 17

2009-01-26T22:58:00.000-08:00

On Saturday, January 17, a distinguished panel presented a discussion of the San Francisco 8 case at Oklahoma University. Five of the SF 8 shared the panel with actor and civil rights activist Danny Glover, Harvard Law professor Soffiyah Elijah and Emory Law professor Kathleen Cleaver. See the Oklahoma Daily for a full report and photo.

Court Update - "Big Surprise": Shotgun Bought on Internet is No Match

2009-01-23T20:40:00.000-08:00

Update from SF 8 hearing of January 23
In a brief court hearing on Friday, January 23, attorneys for the San Francisco 8 once again tried to pry discovery (potential evidence) from the prosecution.

California State Prosecutors revealed that federal wiretaps of the defendants were reviewed by a US Attorney’s “taint team” which deemed them non-discoverable (not to be made available to the defense) because they lack relevance. This was immediately challenged by defense attorneys who argued that the federal government cannot be expected to determine the relevance of their own surveillance given the history of COINTELPRO (the FBI’s counter intelligence program) which targeted the Black Panther Party and these very defendants for the last 40 years. In light of this history and the fact that this very prosecution was started by the federal government after 2000, several defense attorneys argued, you can’t say that the Federal Government and the FBI have no interest in this case, and those same agencies cannot determine the relevance or lack of relevance of these wiretaps.

John Philipsborn, who represents Hank Jones, made it very clear that there is substantial evidence of close FBI surveillance of several of these defendants along with many other people associated with the Black Panther Party. It is more than reasonable, he argued, that the defense team determine the relevance of the wiretaps, not just a federal “taint team.”

Judge Moscone agreed to review an affidavit from this “taint team” and rule on these wiretaps.

Chuck Bourdon, who represents Francisco Torres, once again argued that all fingerprint evidence be turned over by the prosecution. These requests were originally made at the beginning of these hearings and still have not been fully complied with.

Close to 200 pages of additional materials are being deemed “non-discoverable” by the California prosecutors on behalf of New York prosecutors. These documents date back to the 1970s and the New York 3 case – which was tried twice and resulted in the convictions of Herman Bell, Jalil Muntaqim and Nuh Washington (now deceased). The events connected to that New York case are being re-raised in one of the conspiracy counts against Herman Bell, Jalil Muntaqim and Francisco Torres. Not only is the prosecution raising more than 30-year old legal issues that have already been tried, but they are clearly trying to limit raising issues of COINTELPRO, the use of torture, and the government conspiracy to destroy the Black liberation movement.

Before the hearing ended, prosecutors revealed that the highly touted shotgun that was purchased through the Internet and sent to the FBI labs last October for testing as the “missing murder weapon” has now been found to NOT match any other weapons evidence in this case. That weapon, much like the highly touted DNA swabs taken in June of 2006 and only last year determined to not match any of the defendants, only served as the prosecutor’s “new evidence” argument to the media, and turns out to be yet another lie.

Harold Taylor Gets Probation, Asserts Innocence

2009-01-13T10:33:00.000-08:00

Harold Taylor, one of the San Francisco 8, was sentenced today, January 13, to 2 years probation and a one-year drug program for "purchase" of $20 of drugs that were never found. He was released after over two months in County Jail in Panama City, Florida.

Harold maintained his innocence throughout the case. He thanks everyone for their letters, their love and support.

Discovery Issues in Dec. 17 Hearing

2008-12-17T11:20:00.000-08:00

Update from SF 8 hearing of Dec. 17

In the matter of discovery, there is still no resolution to defense demands for complete discovery – not that anything new has been produced by the prosecution after over 37 years. Now that we are approaching the 2-year anniversary of the "new" charges (charges that were dismissed in the 1970s by San Francisco prosecutors), the prosecutors are still reluctant to turn over "non-discoverable" evidence, information about FBI wiretaps, contact information for potential key witnesses, forensic tests about weapons (some weapons were destroyed or sold by New Orleans police), and the names of agents and examiners whose fingerprint analysis exonerates all the men charged in the SF 8 case. [Note: results of the weapons tests were finally released in January and they show no match between the alleged weapon and the scene. See court updated from January 23 above.]

To listen to the prosecution explain it, evidence is not being withheld with intent. Yet some of these very requests for information (discovery) were raised in court in 2007 and have still not been met.

International Human Rights Day Vigil: SF 8 Delegation to Jerry Brown

2008-12-10T10:39:00.001-08:00

SF 8 supporters joined some three to four dozen spirited demonstrators participated in the Ecumenical Peace Institute's weekly anti-war vigil at the Oakland Federal Building December 9 in an expanded International Human Rights Day event. Demonstrators celebrated this day by projecting international human rights issues from Iraq and Afghanistan to the Haitian political prisoners (in particular Ronald Dauphin) to the SF 8. Participants included, in addition to the Committee to Free the San Francisco 8: the Ecumenical Peace Institute, the Haiti Action Committee, Gabriela Network, Global Women's Strike, Bay Area Labor Committee for Peace and Justice, Peace & Freedom Party, Women for Peace Mustardseed Affinity Group, and the Buddhist Peace Fellowship.

Open Letter to the California Attorney General

A delegation consisting of members from the SF 8 Committee, Haiti Action, and a legal observer then went to Attorney General Jerry Brown’s office at the Oakland State Office Building to provide him with the Open Letter calling for dropping the charges against the SF 8. According to the delegation, “On the floor where the AG’s office is located, there was absolutely no one there. No one, not even a secretary. Talk about hollow government! Eventually we found a receptionist on another floor who made multiple phone calls about what to do with us, and ultimately agreed to take our packet and to give it to the Attorney General.

Ecumenical Peace Institute, Women in Black, and other groups maintain a weekly vigil each Tuesday noon at the Oakland Federal Building calling for an end to the occupation of Iraq.

Haiti Action Committee highlighted the issue of political prisoners in Haiti, focusing on the case of Ronald Dauphin. Dauphin is a Lavalas political prisoner who has been held in nightmarish conditions since the 2004 coup that overthrew the democratic government of President Jean-Bertrand Aristide. The vigil also raised the continuing demand for the safe return of Haitian human rights activist, Lovinsky Pierre-Antoine, who was disappeared on August 12, 2007.

Update from SF 8 hearing of Dec. 5

2008-12-05T13:20:00.000-08:00

In a brief court hearing today (December 5) for the San Francisco 8, nothing was decided. Everything was carried over.

The purpose of this hearing was to schedule the start of the preliminary hearing to establish whether there is probable cause to bring the case to trial; Judge Philip Moscone had previously stated his intention to start that hearing in early January. However, the prosecutor, David Druliner of the California Attorney General's office, announced that his office was still preparing thousands more pages of discovery yet to be turned over to the defense, and suggested a mid-April start. He has already given the defense 150,000 pages.

Herman Bell and Jalil Muntaqim (aka Anthony Bottom) requested, through their lawyers Stuart Hanlon and Mark Goldrosen, that the judge impose a cut-off date for discovery and set the preliminary hearing date for January 5, 2009, as they are anxious to move the case forward and the continual delay by the prosecution is unreasonable by established legal standards.

Defense counsel raised the possibility of severing one or more of the defendants and proceeding to separate trials. When Judge Moscone asked whether severance would impact the case, Mr. Druliner responded that the case would then "fragment like a grenade through the court system," tying up his staff as well as court and jail staff. The judge acknowledged the logistical implications of severance, but noted that it might be necessary anyway. He also noted that if the case does proceed beyond the preliminary hearing, there would be an evidentiary hearing on the defense's motion to dismiss the charges. All of this before a possible actual trial.

Targeting Dissent - The SF Eight (new article)

2008-12-01T12:03:00.000-08:00

Op Ed News summarizes the case as of October 29, 2008. See the article by Stephen Lendman. And don't forget the vigil in Oakland Dec. 9 -- see post below.

SF 8 in D.C. Saturday Dec. 6

2008-12-01T11:37:00.000-08:00

December 6 the Black Memorabilia and Collectible Show in Washington, D.C. featured "The Black Panther Party Exhibit ... facilitated by former members of the organization with a special presentation by former Panther Political Prisoners now known internationally as The San Francisco 8." Details of the show can be found at Black News.

Herman Bell and Jalil Muntaqim Supported on Nov 19

2008-11-14T14:31:00.000-08:00

As reported in the post below, SF 8 defendants Herman Bell and Jalil Muntaqim (aka Anthony Bottom) are being held in intolerable conditions in the San Francisco County jail, a facility designed to hold arrestees for only a day or two.

A phone and fax blitz to California Governor Arnold Schwarzenegger was held on November 19 demanding that California return Herman Bell and Jalil Muntaqim (Anthony Bottom) to New York state for their parole hearings. This effort was successful in generating a great many calls and faxes. Updates on this situation will be posted here as they become available.

Update from SF 8 Hearing of Nov. 6

2008-11-06T23:08:00.000-08:00

At the November 6 court hearing in the SF 8 case, there were two items of business:

setting a date for the preliminary hearing and
the continued shackling of Herman Bell and Jalil Muntaqim.

Resolution of both items was put off.

Setting a date for the Preliminary Hearing

January will mark two years since the arrest of the San Francisco 8 and the hearing to determine whether or not there is a basis for a trial is yet to take place. Prosecution maneuvering regarding the tens of thousands of pages of discovery as well as scheduling conflicts of over a dozen attorneys continue to present a logistical quagmire.

As lawyers opened by presenting their respective schedules, filled with major trials in the next several months, Judge Moscone interrupted to state that he would not listen to scheduling problems and that he proposed starting the preliminary hearing on January 5 regardless of conflicts. He said he wanted to conclude this case "while I'm still here." [Update: the preliminary hearing has been scheduled to run from June 8 to September 3.]

However, the prosecution acknowledged that just this week they had given the defense some three thousand pages of new discovery material and added that they have another two thousand or more pages to prepare before disclosing. The judge allowed as to how he had to give the defense time to read the alleged "evidence" against their clients.

Under pressure from the judge, the Attorney General's office agreed to deliver the remaining discovery materials to the defense by next week. In turn, the defense attorneys agreed to look it over quickly to determine how much time might be needed to fully study it.

Harold Taylor convicted of drug charge in Florida

2008-10-24T21:18:00.000-07:00

Harold Taylor, one of the San Francisco 8, was convicted of a drug charge in Florida October 23, 2008.

UPDATE: Harold was given two years probation at his sentencing January 13, 2009. He is home with his family.

Harold Taylor was arrested last December in Florida on a baseless charge of attempted purchase of cocaine. Several people were swept up in a neighborhood sweep and sting operation at that time. Harold's case has coincidentally received unusual attention by the Florida court which fast-tracked his prosecution after many months of inactivity. A jury of six white women deliberated less than 15 minutes in the one-day Panama City trial. This prosecution is a result of a new judge and prosecutor taking over, not upon any substantial or new evidence. Two prosecutors worked to present this case over a $20 attempt-to-purchase. FBI agents attended the proceedings.

A thorough search of his person and his van resulted in NO seizure of any substances, legal or illegal. Further, NO allegation is even made that any money was produced. He has NO drug use history!!

In short, Harold was in the wrong place at the wrong time. He had gone to this neighborhood to thank some of the people that had written letters of support for him when he was seeking release on bail in San Francisco.

As you can read in the letter from his San Francisco lawyer that follows, this prosecution is a result of a new judge and prosecutor taking over, not upon any substantial or new evidence.

Friends,

It is clear from the arrest and all the surrounding circumstances that the charge against Harold in Florida is totally baseless. A thorough search of his person and his van resulted in NO seizure of any substances, legal or illegal. Further, NO allegation is even made that any money was produced. Harold was swept up in a sting operation in which numerous individuals were arrested. All except Harold were alleged to have actually made a purchase. None of them were with him when he was arrested. He has NO drug history!! In short, Harold was in the wrong place at the wrong time. He had gone to this neighborhood to thank some of the people that had written letters of support for him when he was seeking release on bail in San Francisco.

News of his arrest spread quickly and he was bailed out shortly after he appeared in a Florida court.

Just days earlier he had appeared on "Democracy Now" with host Amy Goodman and Juan Gonzalez, and attended a press conference held by the World Council of Churches at Riverside Church announcing international support for the SF8 launched by Archbishop Desmond Tutu and other Nobel Laureates.

Harold has every intention of fighting the charges in San Francisco and Florida. In light of the torture he suffered in New Orleans in 1973, his strength and character in the face of this latest ordeal are amazing. The stress this has caused for him and his family is overwhelming.

Randy Montesano,
Harold Taylor's attorney in the San Francisco 8 case

New Obstacle to Parole Hearings for Herman Bell and Jalil Muntaqim

2008-10-17T12:38:00.000-07:00

New York State letter denies request

The transfer of SF8 defendants Herman Bell and Jalil Muntaqim from the San Francisco County Jail back to New York State for their rightful parole hearings has been blocked by both state governors for weeks and New York State now wants to deny this right for good. This comes despite previous agreements in the courtroom between the California State prosecutors, the presiding judge and, of course, the brothers and their attorneys.

In a new – but not surprising – development, a letter from Steve Krantz, Assistant Counsel to the Governor of New York to Peter Smith, Deputy Attorney General of California dated October 10, 2008 states:

Procedures in this area are designed to balance a variety of considerations, including the needs of the judicial system and executive concerns such as security and administration. Even assuming that the amendments sought would be consistent with California law, in the absence of a demonstrated need to depart from usual procedures as reflected in the Executive Agreements, the Governor of New York does not plan to seek amendments to those agreements.

Stuart Hanlon, who represents Herman Bell, responded “If the government wanted to move an in-custody snitch, they would do it in a second … none of the government extradition rules would stop them. It is for the punitive impact that the government is hiding behind bureaucratic language in preventing them from being in New York for their rightful parole hearings – to avoid doing what is fair and right. This is bureaucratic b******t.”

Judge Philip Moscone signed an order in May allowing Herman Bell and Jalil Muntaqim to return to New York State for their parole hearings. All parties agreed at that time that the move would be temporary; Herman and Jalil waived their rights to fight extradition back to California.

This vindictive and mean-spirited procedural obstacle was immediately challenged by defense attorneys. Strong arguments were made to guarantee Herman and Jalil's right to "pursue their liberty interests" and have parole hearings. Both have served over 35 years in prison as model prisoners. Both were targeted originally by COINTELPRO as members of the Black Panther Party.

New York Attorney Bob Boyle argued in a declaration to the San Francisco Court that if the men remain in California, "they would be denied their parole hearing for years." In a subsequent interview, he also said:

The state waited 35 years to bring these spurious criminal charges. Now these charges are being used to deny these men parole hearings to which they are entitled. Whatever concerns the government has can be overcome by a simple modification of the extradition order. All Herman and Jalil are asking for is an opportunity to attend their hearings.

New stuff: Drop the Charges newsletter

2008-09-17T15:42:00.000-07:00

Yes, the new tabloid newsletter is now available: Drop the Charges. Four pages, newspaper-sized, ready as of September 20, 2008. See it on your computer in PDF format and order copies from the addresses below.

Also the basic brochure is updated -- one sheet front and back, get it as a PDF file Download now.

SF 8 & Political Prisoner Events at the Critical Resistance Conference (Oakland 9/26-28)

2008-09-15T15:25:00.000-07:00

Thanks for all your support at CR10, the prison abolition conference that was held in Oakland, California the end of September.

Hank Jones of the SF8 spoke at the opening night celebration. Panels on p0litical prisoners featured Richard Brown and Harold Taylor of the SF8 and attorney Soffiyah Elijah. Others included Ashanti Alston, Bo Brown, Masai Ehehosi, Meg Starr, Dan Berger, Ziad Abbas, Pam Africa, Ramona Africa, Fred Hampton Jr., JR, Julia Wright, and Leslie Jones. Also featured were Leonard Peltier and First Nations political prisoners and women political prisoners with Lucy Rodriguez, Susan Rosenberg, and others from Iran, Palestine and the Philippines.

Preview of new COINTELPRO film

A panel on COINTELPRO – the government's dirty tricks (up to assassination) directed against the Black Freedom Movement and other progressive movements – featured a preview of COINTELPRO 101, a new film from Freedom Archives on the subject with a focus on the SF 8 case. Panel discussion with filmmakers and participants included Cynthia McKinney; Lucy Rodríguez; Soffiyah Elijah; Elliot Monteverde, and Claude Marks.

Benefit Concert for the Angola 3 and the SF 8
After all the talking SF8 supporters put on a party benefitting the Angola 3 and the SF 8, featuring Martin Luther with Silk E, Rico Pabon, Khalil Anthony, and Starchild Dance.

Welcome to the new Free the SF 8 blog

2008-09-15T14:01:00.000-07:00

This blog is an unofficial addition or supplement to the web site for the campaign to Free the SF 8, which is at www.freethesf8.org. Here we will concentrate on what's new in the case and the campaign:

court dates,
reports on hearings,
upcoming events,
new publications, etc.

For all the background in all kinds of media – print, audio, and video – see the main web site, as always.

Your feedback welcome at freethesf8 [at] riseup [dot] net