On Nov. 28, Father Pat Moloney and Samuel Millar were found guilty of conspiracy to receive and possession of stolen cash from the Jan. 5, 1993 Brinks armored depot heist. After the judge refused to set bail, Father Pat announced he would begin a hunge r strike.
Father Pat is an Irish-born Catholic priest and long-time political activist in his community, the Lower East Side of New York City. He has fought to keep Tompkins Square Park open 24 hours, and has assisted squatters in their struggles against police repression.
Father Pat is an adamant supporter of Ireland's fight for self-determination, informing others of the righteousness of the Irish Republican Army's (IRA) struggle. In 1982, he and his brother were arrested in Ireland, accused of running arms for the IRA . Father Pat was acquitted of all the charges, but his brother pleaded guilty and did time in Portlaoise prison near Dublin.
In Nov. 1993, the FBI arrested Father Pat, along with Samuel Millar, an undocumented immigrant and former member of the IRA, Thomas O'Conner, a former Rochester, NY police officer and member of Irish Northern Aid Committee (NORAID), who Father Pat says he has never met, and Charles M. McCormick. The prosecution has argued that these men carried out the $7.4 million robbery.
The evidence against Father Pat is dubious. One million dollars was found in an apartment that Father Pat, and many others, have access to. This apartment, which no one lives in, is used by Father Pat for community services and religious practice.
As of today, more than $5 million have yet to be found, allegedly having been funneled to the IRA. Father Pat and Samuel Millar await sentencing on Feb. 9. Both face up to five years in federal prison.
The Paterson Anarchist Collective (PAC/New Jersey ABC) have been doing work with Father Pat's defense committee.
Write to:
PAC/NJ ABC
by Mumia Abu-Jamal
Michael Alan Durocher, of Florida's death row, wrote to the governor, literally begging for death. Gov. Lawton Chiles agreed, signed his death warrant, and Durocher sent him a thank-you note.
On Aug. 25, 1993, at 7:15 a.m., Durocher, 33, got his wish. California's death-row convict David Mason fired his appellate lawyers, saying he was both willing and ready to breathe his last in the gas chamber. Mason, 36, angrily decried what he called t he "industry" of lawyers who capitalize off of appeals in capital cases. Even after his last-ditch change of heart, when he sought life, his case came to symbolize the growing incidence of death-row prisoners who demand death. There is, however, a critica l difference between perception and the reality.
There are approximately 2,600 men and women on death row in the US. To this date, only 26 people have volunteered to be executed: less than 1%. The Washington-based National Coalition to Abolish the Death Penalty has assembled facts on this phenomenon detailing the race of those persons choosing execution.
No meaningful analysis of the incidence of volunteer execution can take place without noting who does it. How does a bare minority of death row become an overwhelming majority?
Whites constitute less than 51% of all the death-row prisoners in the US, so why are over 80% of the volunteers white?
Nationally, Blacks constitute roughly 46% of state prisoners. In the 35 states, new court commitments for the Blacks entering prison stand at 51.3% of all the admissions, according to the US Bureau of Justice statistics. Increasingly, since the rebelli ons of the 1960s, prisons have become blacker and blacker, a threatening, fearful milieu to white prisoners, among them, those on an increasingly blacker death row.
For far too many African-Americans, imprisonment has become a warped rite of passage, a malevolent mark of "manhood" that denies Black men entry into more socially acceptable realms of economic activity. For whites, however, even of the working class, it is a mark of social expulsion and affirmation of one's outcast status. Alienated from a social order that has prescribed death, and further alienated from younger, blacker, more militant prisoners, either on death row or in general population, is there any wonder that the majority of prisoners who have opted for death have been white? To this must be added the onslaught from the federal judiciary, which has eviscerated the Writ of Habeas, thereby thickening the atmosphere of despair that pervades death row. For all on death row, white, Hispanic, Asian, Native American, or women, the regime of lockdown, loneliness, and hopeless waits for death exacts a terrible psychic, spiritual, psychological toll. Fear of approaching, advancing lassitude, the looseni ng of bonds of loved ones, the specter of prison as a foreboding old-folks home—all these things play a part, more crucial than admitted, in the headlong rush for death.
As long as conditions on the row are soul-killing by design, there will be those who would rather die than live another day in these man-made hells.
—From Prison Legal News
Contributions to Mumia's defense fund can be made payable to the Black United Fund and sent to:
Equal Justice[On Jan. 17, activists from around the country will be demonstrating in Harrisburg, Penn. The new governor-elect has vowed to sign Mumia's execution order. For information contact the Free Mumia Coalition at (212) 330-8029.]
by Kate Holum
Norma Jean Croy is a Shasta Indian and a lesbian. She is serving a life sentence for murder, even though she didn't kill anyone. On July 16, 1978, Norma, her brother Hooty and three other relatives stopped to buy beer in a store in their home town of Y reka, Cal., near the Oregon border. The clerk accused them of theft and directed a passing police car to "get" them.
The five, chased by police, drove to a cabin where their grandmother and aunt lived. Norma was shot in the back as she ran from the car. Her cousin Darrell was shot as he stood up to surrender. Hooty had a .22 caliber rifle. Police officer Hittson, who was off-duty and had been drinking before he was called to the scene, shot Hooty twice in the back. Hooty then turned and fired once, killing Hittson instantly.
Norma was convicted of murder in the rural county courts, along with Hooty. Norma was sentenced to life; Hooty to death. Fortunately, Hooty was granted a re-trial, this time in San Francisco, and was found not guilty by reason of self-defense. The jury found that the incident was provoked by racism towards indigenous people in the Yreka area, and that police misconduct led to Hittson's death.
The judge in Hooty's re-trial said, "I think that when Norma Jean Croy comes up for a parole hearing again, the parole board should take into account that had Norma Jean Croy been tried in the case I heard, Norma Jean Croy would have been found not-gui lty." Norma is a skilled auto mechanic and was offered 3 jobs and 2 places to live, yet at her fourth parole hearing she was turned down.
Norma Jean Croy has now spent sixteen years in prison for a crime she did not commit. Her case reflects 500 years of white racism and genocide against Native people, a legacy which presently takes the form of police brutality and harsh prison sentencin g. Norma went before the parole board for a fifth time on Dec. 15th.
What you can do: 1) Write a letter to the California Board of Prison Terms supporting the parole of Norma Jean Croy #14293 currently serving a life sentence at Central California Women's Facility. Send the letter to her defense committee. Her lawyers h ope to present the board with as many as possible. 2) Send a contribution to:
Norma Jean Croy Defense Committeeor:
QUISP
Toronto's Anti-Racist Action spent 13 days of the summer in court in two trials, supporting 12 defendants arrested in connection with demonstrations against Toronto's neo-nazis. In the end, neither judge could bring himself to convict anyone on the fli msy evidence, and everyone got off! It wasn't that they wouldn't have gone along with a frame-up, but they were contrary enough to demand that the prosecution and the police at least do it competently.
Five defendants were charged with mischief in connection with a demonstration on June 11, 1993, when ARA brought the struggle right to the doorstep of a Heritage Front propagandist, doing considerable damage to his home. Outnumbered and outwitted, cops were forced to stand by and made no arrests at the time. But in the hysteria that followed, the police made four arrests to cover their asses, picking people up at other anti-racist events. A fifth arrest was made six months later. The other group of sev en was arrested at a Nov. 1993 demonstration outside the bunker of Ernst Zundel, an internationally known nazi propagandist/organizer and Holocaust denier.
The intention of the prosecution and the cops was to handle both cases as simple criminal matters: "You have the right to demonstrate but this time you broke the law." However, the defendants insisted on collective trials and a more political strategy. Beginning in May 1994, when the June 11 group went on trial, defense lawyers emphasized the role of police "intelligence" in making the arrests. A role which the prosecution had minimized, in the interest of keeping politics out of the trial. In particul ar, ARA exposed the collaboration between a senior intelligence officer and Heritage Front leaders in identifying anti-racists.
Other significant political points were made. Both judges accepted that wearing disguises at an anti-fascist demonstration is a reasonable precaution to take, rejecting the prosecution's argument that wearing a mask proves a defendant's criminal intent ions. In the June 11 case, the judge also resisted falling into the prosecution's trap of holding demonstration organizers responsible for the actions of everyone at the event, without compelling evidence tying them to so-called criminal acts. The Zundel- demo judge went even further, challenging police credibility and asking why arrests had been made at all. Basically, people were acquitted because the collective strategy allowed defense lawyers to totally destroy the fabricated and twisted cop evidence b y exposing its internal contradictions. The collective defense also allowed the group to bring a more political flavor to the trials, making straight-up criminalization of the accused more difficult in the media and in the community. (For example, defenda nts were referred to as "anti-racist activists" by the media, rather than as "hooligans.") Because the charges were relatively minor in comparison to the repression experienced at the hands of police by so many communities, ARA did not run high-profile de fense campaigns. But the organization did make sure that people in Toronto knew about the cases, and the courtroom was always full of folks ready to show their support and to face nazis if necessary. (None showed up.)
Undeniably, 12 arrests over less than a year and a half of organizing has had its intended effect of disrupting the youth-based, activist group. But after a summer of trials ARA remains intact, a victory in itself. Hopefully, the acquittals will build some confidence that the community can organize street actions successfully and effectively, and can defend itself against police reprisals. Most importantly, energy directed inwards during the course of the trials can now be redirected against the common enemies.
Arm the Spirit
by Justine Abinni
On Oct. 22, 1991, members of Minneapolis Anti-Racist Action and the Progressive Student Organization clashed with nazi boneheads and pit bulls on the University of Minnesota campus. Activists were protesting an appearance by Tom David, founder of the W hite Student Union, on a university radio show. Several anti-racists and a university radio reporter were hospitalized.
On Oct. 22, 1992, a large and militant demonstration of 400 anti-racists marched across the Washington Ave. Bridge onto Coffman Union at the U of M to counter a white-power demo that had been called to commemorate the "ass-kicking" of anti-racists that had happened a year ago that day. Boneheads were prevented from demonstrating that night.
On Oct. 22, 1993, two nazis were spotted in the area of a 150-person-strong anti-racist demonstration. A security team went to check out the situation. What they found was not "a couple out for a romantic stroll," but air-headed white-pride in attack m ode. The security team immediately spotted two patches on Daniel Simmer's flight jacket that clearly identified him as a nazi. Although he latter denied affiliation with nazism he admitted to being an Odinist (a religion that upholds white feelings of gre atness (go figure)). The two identifiable patches were one of an Afrikaner swastika and another commemorating the death of Eric Banks, a bonehead who was killed in Portland.
As he was being questioned about his intentions Simmer pulled something shiny out of his pocket that security team member Kieran Frazier Knutson thought was a knife. Knutson then struck Simmer in self-defense with a flashlight. Later, the shiny object was identified as brass knuckles.
Witnesses also observed Simmer and his fiancée shout "white power" at the anti-racist crowd and make "sieg heil" motions with their arms. Simmer was arrested at the scene of the crime and charged with misdemeanor possession of a weapon and disorderly c onduct. These charges were dropped. He was never charged with possession of a deadly weapon. Sixty days later, felony charges were brought against Knutson. Knutson, a progressive activist since his teens now faces up to ten years in prison and a twenty-th ousand-dollar fine.
The State of Minnesota is doing anything it can to try to pull some evidence together in their prosecution of Kieran, a longtime, local anti-racist activist, and their defense of Daniel Simmer, a known nazi. The prosecution's subpoenas of a Minnesota D aily (the university newspaper) staff reporter, Jesse Rosen, and unreleased press photos, are primarily what have caused a long series of delays. Since the subpoenas were issued on May 3, 1994, the Daily has argued in court that the subpoenas are violatio ns of Minnesota Shield Laws and are unconstitutional. On Nov. 14, the Minnesota Court of Appeals ruled in favor of the testimony of Jesse Rosen, deciding that the First Amendment does not protect journalists who witness an event from testifying in crimina l trials. The Daily is uncertain as to whether they will appeal this ruling. On Nov. 29 the court of appeals heard arguments for and against the release of Daily photos to a judge who would then determine whether or not to turn them over to the prosecutio n as evidence. A ruling on this is pending.
A year later, the Anti-Fascist Defense Committee (AFDC), an ad-hoc coalition of anarchists and socialists, is still waging struggle against this unjust and politically motivated prosecution. Kieran has had double felony assault charges hanging over his head for over a year. The trial has been delayed five times, with the sixth court date coming up on Jan. 30, 1995.
The Committee's strategy began with a campaign to put pressure on county attorney Mike Freeman's office to drop the charges. As a result of this looking less and less like a possibility, AFDC targeted Freeman's political campaign for governor. Soon aft er this, AFDC put an emphasis on pursuing the press, alternative and mainstream, to cover the issues surrounding the case. As the Committee moves into 1995 they will be making it a priority to reach out more into different communities about the way this c ase relates to worldwide resistance to fascism perpetuated by the state, organized nazis, and other hate groups. The AFDC wants to expose the prosecution's complicity with nazis and win this struggle to make it harder for the state to put anti-racist acti vism on trial in the future.
The Anti-Fascist Defense Committee has received worldwide support from various anti-fascist organizations, labor organizations, anarchist groups, and socialist groups who have either written letters to the Hennepin County Attorney's office, sent moneta ry aid, or have given updates about what's been going on in their areas. The AFDC encourages people to continue doing all these things in gearing up for the next court appearance on Jan. 30, 1995. Write to:
Mike Freemanor call him at:
(612) 348-5550Demand that the charges be dropped and that infringement on the freedom of the press be stopped. The Committee is in need of funds for mailing and flyers. Send contributions to:
Anti-Fascist Defense CommitteeThe AFDC meets every Sunday at 6 p.m. at Mayday Bookstore.
Little Rock Reed was arrested on Oct. 27, 1994, to be extradited back to Ohio. Little Rock is wanted for parole violation by the Ohio Department of Rehabilitation and Corrections, and had been living in New Mexico since he fled Ohio.
Little Rock and his supporters had been asking that the attorney general of New Mexico conduct an investigation of the extradition request by Ohio, because supporters fear that his life would be in danger should he be returned to the custody of the Ohi o Department of Rehabilitation and Corrections. But Little Rock was picked up within a week of New Mexico receiving the extradition request from Ohio, without any investigation having been done. A press spokesman for Governor King of New Mexico told Priso n News Service that the Supreme Court has ruled that extradition requests are virtually automatic, and that there was little that Governor King could do. When asked whether New Mexico would extradite someone whose life would be threatened upon their retur n, Rich Maespas of the governor's office said he couldn't believe that a prisoner's life would be in danger from any official.
Little Rock served 10 years in the Ohio prison system for armed robbery before he was paroled. During his sentence, Little Rock continually struggled for the rights of native prisoners to practice their traditional spirituality. Little Rock gained the respect of his fellow prisoners, professors, lawyers and anti-prison activists for his strength of character and the quality of his work. After his release on parole in 1992, he published The American Indian in the White Man's Prison: A Story of Genocide which describes the struggles Native prisoners have waged across the United States on such simple, but basic, issues as the right to wear their hair long. With a few exceptions, Native prisoners have been met with ridicule and violence. The irony is that being able to develop an interest in, and then a positive practice of, their spirituality, is one of the best means of rehabilitation that some Native prisoners can have.
Little Rock was within six weeks of ending his parole when he was charged in early 1993 with "threatening" a Kentucky man, whose wife and child were willing to testify that it was Little Rock who was threatened. But that was enough for the Ohio Departm ent of Rehabilitation and Corrections to charge him with parole violation. So Little Rock went underground. Shortly thereafter Lucasville prison, where Little Rock had served much of his sentence, blew up in a 10-day long stand-off that left 10 people dea d. Even though he was on the run, Little Rock testified to the media as to the conditions in Lucasville which made the uprising all but inevitable. Before his release, Little Rock had documented the ways in which the then-warden Arthur Tate, Jr. had manip ulated racial tensions within the prison population so as to demonstrate the need for a "higher-security" prison. Examples of this are documented in a federal court case. Ohio prison officials are hoping that by returning Little Rock to Lucasville, he wil l be silenced, one way or another. The head of the Adult Parole Authority told Little Rock that if he returns, he will serve the remaining fifteen years of his 7 to 25 year sentence even though he has already served twice as long as others convicted of si milar armed robberies. Deborah Garlin of the Center for the Advocacy of Human Rights in Ranchos de Taos, NM says that they will try a variety of legal challenges to the extradition. She says that this may take as long as two or three months. Support is ne eded in terms of money and stamps. There is little that can be done right now in terms of support other than spreading the word.
Write:
On Nov. 17, a German court ruled that Irmgard Moller, a member of the Red Army Fraction (RAF) should be released after 22 years of captivity. Irmgard was serving a life sentence for her participation in the bombing of a US military post in protest of t
he Vietnam War. This has opened the possibility that seven other imprisoned RAF members might also be released. Importantly, the court ruled that no danger exists that she will return to "crime," while Irmgard has affirmed she has no regrets for her activ
ities and asserts armed struggle's legitimacy. She has, however, expressed support for a 1992 declaration by the RAF that it was prepared to renounce violence, if in return all seriously ill and long-term prisoners were released. The German state has argu
ed that this opened the door to negotiation for Moller and seven other RAF members, who, while serving life sentences, can be paroled after 15 years.
Irmgard Moller is considered one of the founding members of the RAF's first generation, which began armed struggle in the early 1970s. She is the sole survivor of "death night," in Stammheim prison on Oct. 18, 1977, when the state murdered Gudrun Enssl
in, Jan-Carl Raspe, and Andreas Baader, after an RAF cell failed to hijack a Lufthansa jet to Somalia.
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