URGENT! PLEASE ACT NOW! Big Mountain, Black Mesa Elder Faces Threat of her Ceremonial Lodge/Home being dismantled while Peabody Coal Company is pushing their massive
coal-mining expansion plans on the sacred ancestral homelands of the Dine' (Navajo) &
Hopi peoples of Black Mesa, AZ. Your voices are urgently needed before these two very important deadlines close!
PEABODY COAL COMPANY'S PLANS UNDERMINES PLANETARY LIFE SUPPORT SYSTEMS BY ACCELERATING
ECOLOGICAL & CULTURAL COLLAPSE! We cannot allow a small cartel of energy corporations and their financial backers to knowingly de-stabilize our planet’s climate and devastate whole communities & ecosystems for their own personal gain. This may turn out to be the most devastating crime ever perpetrated against humanity, the planet and future generations. We are at a critical juncture. Indigenous and land-based people globally have maintained the understanding that our collective survival is deeply dependent on our relationship to the Earth.
Please, act now in support of the communities on the front lines of resistance!
Big Mountain, Black Mesa Elder Faces Threat of her Ceremonial Lodge/Home being dismantled on her ancestral homeland. Elder Served Notice That Rebuilding Ceremonial Lodge is Illegal. On Wednesday, May 20th,Traditional elder and resister to relocation laws, Pauline Whitesinger was served notice that her recently rebuilt ceremonial lodge was illegal and under threat to be dismantled. She was ordered to halt all construction of her earthen lodge, called a hogon, as it is being prepared for an upcoming ceremony. She is refusing to cooperate and is requesting assistance to finish her ceremonial hogon.
Whitesinger, in her mid-eighties and living alone, has been an active resitor to the U.S. Government’s laws and efforts to relocate her off of her traditional homeland. She has also been an outspoken opponent to the existing coal mine on her homeland of Black Mesa, owned by Peabody Coal, as well as current plans for expansion of the strip mine, construction of pipelines and the mining of the area’s aquifers, stating that “Our very mother is being carved up there (at the coal mine)…if the mine is further permitted or expanded, the coal company will eventually kill her.” This recent BIA funded action is an affront not only to this elder and her people but to all advocates of the indigenous lifeways that maintain the health of the planet.
WHAT YOU CAN DO!
* Volunteers are needed right now to stay with Pauline to assist her with herding sheep,
to monitor for more threats, and to complete the hogon.
* Demand that Pauline be left alone on her ancestral homeland. Send a letter on her
behalf TODAY!
* For more information and where to send comments and/or demands:
http://sheepdognationrocks.blogspot.com/
Tuesday, June 10, 2008
Thursday, May 29, 2008
From Black Power to Green Scare: The Criminalization of Dissent
Thursday, June 5, 2008 6:30 p.m.
FREE AND OPEN TO THE PUBLIC
Join the Center for Constitutional Rights and the National Lawyers Guild - San Francisco Chapter for an engaging and important discussion exploring the criminalization of dissent both historically and in today's era of the so-called "war on terror."
The government has a long and sordid history of criminalizing and targeting oppressed communities and social justice activists and organizations that challenge its abuse of power - from the "Red Scare" of the 1920s, to the internment of Japanese Americans, to the targeting of the Black liberation struggle and other movements.
And today, under the guise of "anti-terrorist" legislation, the government is again attempting to target and intimidate a wide range of communities and movements, from former Black Panthers to environmental and animal rights groups to Muslim, Arab, and South Asian communities.
On Thursday, June 5, hear from directly impacted communities as well as attorneys and grassroots organizers struggling against repression.
Featured speakers:
SHAYANA KADIDAL, Center for Constitutional Rights, Managing attorney of the Guantà namo Global Justice Initiative.
RICHARD BROWN, Committee for the Defense of Human Rights and one of the "San Francisco 8," former Black Panthers facing renewed charges based on torture evidence
MICHEL SHEHADEH, Palestinian activist and one of the "Los Angeles 8," Palestinian and Kenyan immigrants targeted for their political activity who won a historic victory in November 2007 after a 20-year struggle
ANDREA LINDSAY, SHAC 7 Support Committee and an activist involved in combating the "Green Scare" against environmental and animal rights activists
LAUREN ORNELAS, Food Empowerment Project and an environmental and animal rights
Location:
The Women's Building
Audre Lorde Room
3543 18th St., #8
San Francisco, CA 94110
Contact 212-614-6466 with any questions. No RSVPs are required.
FREE AND OPEN TO THE PUBLIC
Join the Center for Constitutional Rights and the National Lawyers Guild - San Francisco Chapter for an engaging and important discussion exploring the criminalization of dissent both historically and in today's era of the so-called "war on terror."
The government has a long and sordid history of criminalizing and targeting oppressed communities and social justice activists and organizations that challenge its abuse of power - from the "Red Scare" of the 1920s, to the internment of Japanese Americans, to the targeting of the Black liberation struggle and other movements.
And today, under the guise of "anti-terrorist" legislation, the government is again attempting to target and intimidate a wide range of communities and movements, from former Black Panthers to environmental and animal rights groups to Muslim, Arab, and South Asian communities.
On Thursday, June 5, hear from directly impacted communities as well as attorneys and grassroots organizers struggling against repression.
Featured speakers:
SHAYANA KADIDAL, Center for Constitutional Rights, Managing attorney of the Guantà namo Global Justice Initiative.
RICHARD BROWN, Committee for the Defense of Human Rights and one of the "San Francisco 8," former Black Panthers facing renewed charges based on torture evidence
MICHEL SHEHADEH, Palestinian activist and one of the "Los Angeles 8," Palestinian and Kenyan immigrants targeted for their political activity who won a historic victory in November 2007 after a 20-year struggle
ANDREA LINDSAY, SHAC 7 Support Committee and an activist involved in combating the "Green Scare" against environmental and animal rights activists
LAUREN ORNELAS, Food Empowerment Project and an environmental and animal rights
Location:
The Women's Building
Audre Lorde Room
3543 18th St., #8
San Francisco, CA 94110
Contact 212-614-6466 with any questions. No RSVPs are required.
Wednesday, May 14, 2008
Marilyn Buck - Book Release Celebration!
Marilyn Buck, political prisoner at FCI Dublin, has translated and written an introduction to a book of poetry by Uruguayan poet Cristina Peri Rossi. Come celebrate this achievement and hear excerpts from this beautiful book at one of the book release parties happening in May. See below for full information.
Book Release Celebration! STATE OF EXILE By Cristina Peri Rossi Translated and with an introduction by Marilyn Buck “State of Exile is a haunting work that sat for decades, awaiting, like cicadas, its proper season. That time is now.” --Mumia Abu-Jamal In the first years of her exile from Uruguay, lesbian poet, author, journalist and social activist Cristina Peri Rossi penned an extraordinary collection of poems – spare, beautiful poems fueled by the experiences of forced migration, poems so personal, she didn’t publish them for almost 30 years. Now, in a collaboration across prison walls, continents and states of exile, U.S. political prisoner and poet Marilyn Buck has translated Peri Rossi’s poems into English. The poems are accompanied by two brilliant essays on exile, one by Peri Rossi, written for Spanish publication in 2003, and the other by Marilyn Buck for this bi-lingual City Lights edition. http://www.prisonactivist.org/pps+pows/marilynbuck/
Book Release Celebration! City Lights Bookstore Wednesday, May 14 7pm 261 Columbus, San Francisco
Readers:
Devorah Majors, David Meltzer, Graciela Trevisan
La Pena Cultural Center
Tuesday, May 20 7pm
3105 Shattuck Ave, Berkeley
Maisha Quint, MC
Readers: Cherrie Moraga, Mitsuye Yamada, Graciela Trevisan
$10 donation
Freedom Archives
522 Valencia Street San Francisco, CA 94110
415 863-9977 www.Freedomarchives.org
Book Release Celebration! STATE OF EXILE By Cristina Peri Rossi Translated and with an introduction by Marilyn Buck “State of Exile is a haunting work that sat for decades, awaiting, like cicadas, its proper season. That time is now.” --Mumia Abu-Jamal In the first years of her exile from Uruguay, lesbian poet, author, journalist and social activist Cristina Peri Rossi penned an extraordinary collection of poems – spare, beautiful poems fueled by the experiences of forced migration, poems so personal, she didn’t publish them for almost 30 years. Now, in a collaboration across prison walls, continents and states of exile, U.S. political prisoner and poet Marilyn Buck has translated Peri Rossi’s poems into English. The poems are accompanied by two brilliant essays on exile, one by Peri Rossi, written for Spanish publication in 2003, and the other by Marilyn Buck for this bi-lingual City Lights edition. http://www.prisonactivist.org/pps+pows/marilynbuck/
Book Release Celebration! City Lights Bookstore Wednesday, May 14 7pm 261 Columbus, San Francisco
Readers:
Devorah Majors, David Meltzer, Graciela Trevisan
La Pena Cultural Center
Tuesday, May 20 7pm
3105 Shattuck Ave, Berkeley
Maisha Quint, MC
Readers: Cherrie Moraga, Mitsuye Yamada, Graciela Trevisan
$10 donation
Freedom Archives
522 Valencia Street San Francisco, CA 94110
415 863-9977 www.Freedomarchives.org
Tuesday, April 22, 2008
Earth Day Everyday
Free to be freed (sooner than later)
by Daniel on March 19th, 2008
On February 28th, 2008, my friend and political prisoner Jeff ‘Free’ Luers received his long-awaited sentence of 10 years by Judge Billings in Eugene, Oregon. This outcome was a long time coming— Jeff was arrested in June 2000, sentenced June 2001 and his appeal was filed January 2002. February 14, 2007 saw his sentence of 22 years and 8 months, imposed by Judge Lule Velure, thrown out. After waiting for so long and my belief that this so-called justice system could be fair long eroded, I doubted I would ever see any victory with Jeff’s case.
Jeff was sentenced to an absurd sentence of nearly 23 years back in 2001 which many saw as a clear message to the movement: use property destruction as a tactic and you will be crushed. It was a message heard loud and clear just a few years later when my co-defendants were indicted in the Operation Backfire/ELF case initially charged us with crimes that could have put us behind bars for life.
I knew Free from the Eugene anarchist scene— at the time a thriving and active smattering of collectives, groups and spaces. Free did Food Not Bombs and taught self defense. We were both involved in an 8-week activist gathering called Eugene Active Existence and had mutual friends. My interactions with him were always positive and I respected his participation in the Fall Creek tree village— a tactic/style of campaigning I had become disenchanted with. When Jeff was arrested, like many of the local anarchists, I joined efforts to support him and fundraise for his legal defense. Ironically, at the same time, I was involved with the Earth Liberation Front and was participating in actions similar to what Jeff was arrested for.
Hindsight is 20/20, of course, so perhaps it’s easy to say this now. Either way, events outside of Jeff’s (or my) control heavily impacted his life and legal case. Some of my co-defendants went back to Romania Chevrolet’s, in an apparent gesture of solidarity, and burned 36 SUVs in an immense and spectacular action. The second Romania arson (“Romania II”) was polarizing to say the least. Some in the activist community freaked out thinking it was a COINTELPRO-inspired set-up specifically designed to ruin Jeff’s trial. The corporate media in Eugene (specifically the Register Guard and Oregonian) offered sensational coverage implying links between Jeff and the incident.
In this climate, Jeff made the decision to have a bench trial— without a jury. The Judge would not only give the sentence (per usual) but would decide guilt or innocence. Despite major holes in the government’s arguments, the Judge (Lyle Velure) found Jeff guilty on 11 of 13 charges— including counts related to an attempted arson at Tyree Oil (an action Jeff has stated he was not involved in). Jeff was found guilty of 3 1st-degree counts of arson— one for each vehicle— which carried 7-year mandatory minimum sentences. When all was said and done, Velure handed Jeff a 22-year, 8-month sentence and Jeff was sent to a maximum security prison. It’s where he has done much of his time since that day.
There has been a lot of speculation on the impact of Romania II on Jeff’s sentence. Suffice to say, I think the action had a clearly negative impact on Jeff’s state of mind regarding his ability to win at trial, inflamed the Judge and the Romania family and polluted the potential jury pool. Everyone knew about this action in the small city of 150,000. Of course the media’s role in this is obvious but they are just doing what they do and it’s silly to assume they would do anything else [case in point, the smoke hasn’t cleared at the Woodinville, WA fires that took place at a rural development before the media and law enforcement proclaimed it an ELF action. The impact on the Briana Waters’ trial is widely assumed to have been negative.]
It is my belief that our movement(s) need to not shy away from discussions of these situations. Criticism, when done in the context of support and respect, is appropriate. It can help us move forward and give us a decent perspective on our own actions. As evidenced by the Woodinville fires (assuming it is ELF), it is apparent that we haven’t learned our lesson. Suspending any sort of discussion on whether the radical environmental movements should use arson, the question of timing and impact on others is still there. It was foreseeable, in my opinion that the second Romania arson was going to inflame and polarize Jeff’s legal situation. To see this situation (potentially) play out years later is just sad. While I know the intentions of those who did Romania II were good, we still need to face up to the impact of these actions.
Although my participation with the Romania II arson was limited to being shown the communique (and failing to have Jeff’s name removed), I felt partially responsibility. The repercussions of that action hit home for me and I decided I needed to be responsible for Jeff’s sentence. I committed to being there for him in the long haul, through every appeal and ordeal until he was released. From 2001- my arrest in December 2005, I was lucky enough to work with a variety of activists all over the world in fighting for Jeff’s freedom. Specifically, the Luers family, Break the Chain and the Friends of Jeff Luers crew were the stand-outs of that effort.
Almost 8 years later after many legal briefs, multiple prisons, a few trips to the hole, 3 international days of action/weekends of resistance and countless interviews, dispatches, articles and videos, we won. Jeff is coming home in December 2009 provided he participates in a boot camp program. While I am pissed off that Jeff wasn’t released immediately, as he should have been, I am happy he will be getting out at age 30, not 43!
Our prisoners have not always done so well upon release and have had a hard time adjusting to outside life again. It is imperative that we resolve to support people not just while they are imprisoned but in the period of adjustment when they re-enter society.
The Irish republican movement has a group called ‘Welcome Home’ (translated from Irish) that exists to provide support released political prisoners beyond the initial rush and euphoria from release. This work isn’t glamorous but it’s necessary. Finding decent housing and jobs, helping people comply with parole and probation, setting them up with clothes and some money when they get out— these are all things our communities can and should do. Jeff luckily has options in all these areas due to the hard work of activists in Eugene. He plans to go to school for green building or ecological sciences. He also plans to spend a lot of time with family and friends. His future indeed does look bright.
For me, I’m just excited my friend is coming home. While I will not be able to see him until 2015, due to my probation, its a day I look forward to. Free’s coming home— damn, that feels good to say.
I want to personally thank a few people who I have worked with over the years on Jeff’s campaign: Jenny, Leeanne, Brenton, Nadia, Priya, Chris, Lauren and John and Judy Luers.
To contribute to Jeff’s legal or release fund, go to his website at www.freefreenow.org. There’s a paypal button there or you can send a check/money order.
by Daniel on March 19th, 2008
On February 28th, 2008, my friend and political prisoner Jeff ‘Free’ Luers received his long-awaited sentence of 10 years by Judge Billings in Eugene, Oregon. This outcome was a long time coming— Jeff was arrested in June 2000, sentenced June 2001 and his appeal was filed January 2002. February 14, 2007 saw his sentence of 22 years and 8 months, imposed by Judge Lule Velure, thrown out. After waiting for so long and my belief that this so-called justice system could be fair long eroded, I doubted I would ever see any victory with Jeff’s case.
Jeff was sentenced to an absurd sentence of nearly 23 years back in 2001 which many saw as a clear message to the movement: use property destruction as a tactic and you will be crushed. It was a message heard loud and clear just a few years later when my co-defendants were indicted in the Operation Backfire/ELF case initially charged us with crimes that could have put us behind bars for life.
I knew Free from the Eugene anarchist scene— at the time a thriving and active smattering of collectives, groups and spaces. Free did Food Not Bombs and taught self defense. We were both involved in an 8-week activist gathering called Eugene Active Existence and had mutual friends. My interactions with him were always positive and I respected his participation in the Fall Creek tree village— a tactic/style of campaigning I had become disenchanted with. When Jeff was arrested, like many of the local anarchists, I joined efforts to support him and fundraise for his legal defense. Ironically, at the same time, I was involved with the Earth Liberation Front and was participating in actions similar to what Jeff was arrested for.
Hindsight is 20/20, of course, so perhaps it’s easy to say this now. Either way, events outside of Jeff’s (or my) control heavily impacted his life and legal case. Some of my co-defendants went back to Romania Chevrolet’s, in an apparent gesture of solidarity, and burned 36 SUVs in an immense and spectacular action. The second Romania arson (“Romania II”) was polarizing to say the least. Some in the activist community freaked out thinking it was a COINTELPRO-inspired set-up specifically designed to ruin Jeff’s trial. The corporate media in Eugene (specifically the Register Guard and Oregonian) offered sensational coverage implying links between Jeff and the incident.
In this climate, Jeff made the decision to have a bench trial— without a jury. The Judge would not only give the sentence (per usual) but would decide guilt or innocence. Despite major holes in the government’s arguments, the Judge (Lyle Velure) found Jeff guilty on 11 of 13 charges— including counts related to an attempted arson at Tyree Oil (an action Jeff has stated he was not involved in). Jeff was found guilty of 3 1st-degree counts of arson— one for each vehicle— which carried 7-year mandatory minimum sentences. When all was said and done, Velure handed Jeff a 22-year, 8-month sentence and Jeff was sent to a maximum security prison. It’s where he has done much of his time since that day.
There has been a lot of speculation on the impact of Romania II on Jeff’s sentence. Suffice to say, I think the action had a clearly negative impact on Jeff’s state of mind regarding his ability to win at trial, inflamed the Judge and the Romania family and polluted the potential jury pool. Everyone knew about this action in the small city of 150,000. Of course the media’s role in this is obvious but they are just doing what they do and it’s silly to assume they would do anything else [case in point, the smoke hasn’t cleared at the Woodinville, WA fires that took place at a rural development before the media and law enforcement proclaimed it an ELF action. The impact on the Briana Waters’ trial is widely assumed to have been negative.]
It is my belief that our movement(s) need to not shy away from discussions of these situations. Criticism, when done in the context of support and respect, is appropriate. It can help us move forward and give us a decent perspective on our own actions. As evidenced by the Woodinville fires (assuming it is ELF), it is apparent that we haven’t learned our lesson. Suspending any sort of discussion on whether the radical environmental movements should use arson, the question of timing and impact on others is still there. It was foreseeable, in my opinion that the second Romania arson was going to inflame and polarize Jeff’s legal situation. To see this situation (potentially) play out years later is just sad. While I know the intentions of those who did Romania II were good, we still need to face up to the impact of these actions.
Although my participation with the Romania II arson was limited to being shown the communique (and failing to have Jeff’s name removed), I felt partially responsibility. The repercussions of that action hit home for me and I decided I needed to be responsible for Jeff’s sentence. I committed to being there for him in the long haul, through every appeal and ordeal until he was released. From 2001- my arrest in December 2005, I was lucky enough to work with a variety of activists all over the world in fighting for Jeff’s freedom. Specifically, the Luers family, Break the Chain and the Friends of Jeff Luers crew were the stand-outs of that effort.
Almost 8 years later after many legal briefs, multiple prisons, a few trips to the hole, 3 international days of action/weekends of resistance and countless interviews, dispatches, articles and videos, we won. Jeff is coming home in December 2009 provided he participates in a boot camp program. While I am pissed off that Jeff wasn’t released immediately, as he should have been, I am happy he will be getting out at age 30, not 43!
Our prisoners have not always done so well upon release and have had a hard time adjusting to outside life again. It is imperative that we resolve to support people not just while they are imprisoned but in the period of adjustment when they re-enter society.
The Irish republican movement has a group called ‘Welcome Home’ (translated from Irish) that exists to provide support released political prisoners beyond the initial rush and euphoria from release. This work isn’t glamorous but it’s necessary. Finding decent housing and jobs, helping people comply with parole and probation, setting them up with clothes and some money when they get out— these are all things our communities can and should do. Jeff luckily has options in all these areas due to the hard work of activists in Eugene. He plans to go to school for green building or ecological sciences. He also plans to spend a lot of time with family and friends. His future indeed does look bright.
For me, I’m just excited my friend is coming home. While I will not be able to see him until 2015, due to my probation, its a day I look forward to. Free’s coming home— damn, that feels good to say.
I want to personally thank a few people who I have worked with over the years on Jeff’s campaign: Jenny, Leeanne, Brenton, Nadia, Priya, Chris, Lauren and John and Judy Luers.
To contribute to Jeff’s legal or release fund, go to his website at www.freefreenow.org. There’s a paypal button there or you can send a check/money order.
Tuesday, April 1, 2008
Morrissey speaks out against seal hunt
In late June the Montreal Symphony are hosting a TV Special to salute Buffy Sainte-Marie's 50th year making music. I am honored to be asked to take part. I first bought a Buffy Sainte-Marie record when I was 12, and her music has always remained with me. In the 1960s, as a political activist, Buffy's lyrics were fearless, and I'm very grateful for all the risks that she took.
I am also pleased to be asked to join the bill at the V Festival at the Thunderbird Stadium in Vancouver, and also at Fort Calgary in Calgary.
However, as we all know, the psychologically and constitutionally sickening Canadian seal-kill has started and is once again in full-cry.
The horror of the Canadian seal-kill is untranslatable, and although I fully realize that highly concentrated evil exists in other countries - Japan's dolphin slaughter, Iceland's newly-revived whaling, the cat-skinning trade in Switzerland, and China with just about every injustice imaginable - there is something especially menacing about Canada's seal-kill.
Loyola Sullivan (Canada's Ambassador for Fisheries Conservation) is a man of glacial coldness who claims that the seal-kill is "humane" - a view he might alter if his own skull were cracked open with a spiked axe.
The fact that the seal-kill provides a livelihood for fishermen is an insultingly dim excuse for it to take place - after all, the German gas chambers of World War 2 also provided work for someone.
The seal-kill takes place to satisfy greed for fur-pelts, and this Canadian government is happy to drag the global image of its own country down, and make it a place that people such as I couldn't bear to visit.
I am also pleased to be asked to join the bill at the V Festival at the Thunderbird Stadium in Vancouver, and also at Fort Calgary in Calgary.
However, as we all know, the psychologically and constitutionally sickening Canadian seal-kill has started and is once again in full-cry.
The horror of the Canadian seal-kill is untranslatable, and although I fully realize that highly concentrated evil exists in other countries - Japan's dolphin slaughter, Iceland's newly-revived whaling, the cat-skinning trade in Switzerland, and China with just about every injustice imaginable - there is something especially menacing about Canada's seal-kill.
Loyola Sullivan (Canada's Ambassador for Fisheries Conservation) is a man of glacial coldness who claims that the seal-kill is "humane" - a view he might alter if his own skull were cracked open with a spiked axe.
The fact that the seal-kill provides a livelihood for fishermen is an insultingly dim excuse for it to take place - after all, the German gas chambers of World War 2 also provided work for someone.
The seal-kill takes place to satisfy greed for fur-pelts, and this Canadian government is happy to drag the global image of its own country down, and make it a place that people such as I couldn't bear to visit.
Wednesday, March 19, 2008
Support the SF8 -Trial Begins April 21
Monday, April 21 at 850 Bryant Street in San Francisco.
Come to the rally on the courthouse steps and the preliminary hearing to decide on dismissing charges. Courtroom 23.
www.freethesf8.org
Come to the rally on the courthouse steps and the preliminary hearing to decide on dismissing charges. Courtroom 23.
www.freethesf8.org
Friday, February 29, 2008
Judge Moscone denies defense motion to dismiss
Judge Moscone denied defense motions to dismiss the conspiracy count against the remaining three San Francisco 8 defendants, Herman Bell, Jalil Muntaqim and Francisco Torres. While denying that issues about tolling and the statute of limitations are applicable in this case, he did say that the issue is not completely closed. The purpose of tolling statutes is to discourage defendants from fleeing a state to avoid prosecution by taking advantage of a statute of limitations. None of the three left the state to avoid prosecution. The statute of limitations on conspiracy is 3 years in California and was the basis of dismissing the conspiracy count against the other 5 defendants on February 7. Seven of the men remain charged with a 37 year old murder of a San Francisco police officer – Richard O’Neal was originally only charged with conspiracy and is no longer a defendant in this case. Moscone said that the motion to dismiss can be renewed at the conclusion of the preliminary hearing – scheduled to begin Monday, April 21.
According to Chuck Bourdon, Francisco Torres’ attorney, “the judgment was erroneously made” and that it relied on a case which is inapplicable to the issues presented. “The decision also ignores constitutional issues…and will be appealed to the California State Appellate Court immediately.”
According to today’s SF Chronicle, Gareth Lacey, spokesman for Attorney General Brown who green-lighted this prosecution, said “We have credible and strong new evidence.” Stuart Hanlon, Herman Bell’s attorney, said there is no new evidence in the case and much of the evidence - including the gun purportedly used in the shooting - has vanished. He asked the court, “so if this is true, where is it?” as it hasn’t been turned over to the defense as required by discovery laws.
Judge Moscone did ask prosecutors to give the defense a complete witness list two weeks before the preliminary hearing as well as making it possible for the defense team to have contact with Ruben Scott, who was one of the men captured in New Orleans in 1973, was tortured, and who is believed to be the main cooperating witness for the prosecution.
According to Chuck Bourdon, Francisco Torres’ attorney, “the judgment was erroneously made” and that it relied on a case which is inapplicable to the issues presented. “The decision also ignores constitutional issues…and will be appealed to the California State Appellate Court immediately.”
According to today’s SF Chronicle, Gareth Lacey, spokesman for Attorney General Brown who green-lighted this prosecution, said “We have credible and strong new evidence.” Stuart Hanlon, Herman Bell’s attorney, said there is no new evidence in the case and much of the evidence - including the gun purportedly used in the shooting - has vanished. He asked the court, “so if this is true, where is it?” as it hasn’t been turned over to the defense as required by discovery laws.
Judge Moscone did ask prosecutors to give the defense a complete witness list two weeks before the preliminary hearing as well as making it possible for the defense team to have contact with Ruben Scott, who was one of the men captured in New Orleans in 1973, was tortured, and who is believed to be the main cooperating witness for the prosecution.
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