June 18, 2008: SF 8 Judge stops return
of Jalil & Herman for parole hearings

For now, SF 8 Judge Philip Moscone halted the transfer of Herman Bell and Jalil Muntaqim to New York for their parole hearings. By throwing procedural obstacles at the court, prosecutors were able to delay the transfer, arguing that there were no guarantees under the existent agreement between the Governors of New York and California to effect a transfer back of both men for the scheduled preliminary hearing in September.

This vindictive and mean-spirited smoke screen was strongly challenged by defense attorneys who had previously worked out an agreement with the prosecutors and which was signed the judge. Strong arguments were made to guarantee Herman and Jalil's right to "pursue their liberty interests" and have parole hearings. Both have served over 30 years in prison as model prisoners. Both were targeted originally by COINTELPRO as members of the Black Panther Party.

Judge Moscone ruled to stay his original order without prejudice and will consider signing another order if an amended arrangement can be agreed to by defense and prosecution attorneys which assures their timely return. Both Herman and Jalil have signed waivers agreeing to not contest their expeditious return to California.

New York Attorney Bob Boyle argued in a declaration to the SF 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 websites can be found at www.CDHRsupport.org and www.freethesf8.org.
email sign up will make it possible to get news items about further developments.

Watch Legacy of Torture online: http://www.freespeech.org/videodb/index.php?action=detail&video_id=10689&browse=0

Check out this interview with Kamel Bell, Herman Bell's son, by JR on Flashpoints 2/15/07. It begins at 38:30 into the program.

Kamel talks about the historical background to the San Francisco 8 case, including COINTELPRO and the history of the government's attempt to destroy the Black Liberation Movement and the Black Panther Party.

http://kpfa.org/archives/index.php?arch=18712

For more background on the history of torture and harassment in this case, and the recent re-arrest of Harold as well as Richard Brown, Richard O'Neal, Ray Michael Boudreaux, Henry Watson Jones, Francisco Torres, click on the following links:

www.democracynow.org/article.pl?sid=07/01/26/1559250
www.freedomarchives.org/BPP/torture.html

Please publicize the attacks on Harold and the other Black Panther veterans by passing this information on through your listserves, email address books, and other networks.

San Francisco 8 strong in court appearance
February 15 - SF Bayview

by Claude Marks and Cynthia Nelson

In a significant showing of support, family and friends of four of the San Francisco 8 packed the San Francisco courtroom of Judge Little on Wednesday. The Healing Circle, a group of Black parents who have lost loved ones to violence, were the most visible assembly. They carried signs bearing the names of those they had lost, questioning the City's pursuit of these ancient cases—against men who worked with youngsters to stop the violence—while it closes the investigations into their children's killings.

Many people were unable to get into the overflowing courtroom. And despite the usual metal detectors and bag searches at the entrance to the building, those entering the courtroom were again scanned with metal detector wands. As the four—Ray Boudreaux, Richard Brown, Hank Jones and Richard O'Neal—were brought into the courtroom in shackles, supporters burst into applause, long and loud. The judge immediately halted the proceedings, and the large showing of sheriff's and SWAT officers cleared the courtroom. Supporters filled the hallway outside Department 12 chanting, "No justice, no peace."

Defense attorneys objected to closing a public hearing and the judge agreed to let people back into court if they agreed not to be noisy, but only after every individual was again searched by sheriff's deputies and wanded.

Unlike their previous court appearances since the arrests in January, the men were shackled in court, and close to a dozen sheriff's deputies and SWAT officers were inside the courtroom. The hearing opened with defense attorneys arguing against the redundant wanding at the courtroom entrance and for the unshackling of the brothers as "they represent no threat to the court or the public."

They pointed out that the men had appeared voluntarily and without need of such extensive police presence during the 2005 San Francisco Grand Jury and that the shackling and heavy security were prejudicial—especially feeding the sensationalist coverage of the corporate media. The court agreed to hear security issues in a future meeting with the sheriff and lawyers.

None of the men have yet entered pleas in the conspiracy and murder case stemming from the killing of a San Francisco police officer at the Ingleside Police Station in August of 1971. The defense called for full disclosure of government documents, some of which were described as inaccurate and inflammatory. Some government documents had been presented to the court in secret hearings outside the presence of defense attorneys, where they could not be contested.

Although there has yet to be a formal bail hearing, Judge Little did lower the outrageous bail for Ray Boudreaux and Hank Jones from $5 million to $3 million—still outrageous—equalized to the bail for Richard Brown and Richard O'Neal. A formal hearing on their bail as well as other motions is scheduled for Tuesday, March 13.

"Today's court appearance was significant in a number of ways," explained attorney Stuart Hanlon. "The strong public support for the four men in court was a powerful reminder that these men are part of their communities and are not criminals."

"The attorney general's comments made clear that they (the state prosecutors) want to keep these men in jail on high bail and that they will make excuses to explain the 35-year delay in bringing this case." California's attorney general is now Jerry Brown, former governor, who was until last month mayor of Oakland.

"It was made clear to us that this is the beginning skirmish of a legal war with high stakes—the freedom of these eight former Panthers and the rewriting of political history by the government criminalizing the Black Panther Party and African American freedom fighters from the 60s and 70s. It is a war we will win and that we have to win. And it is a war where the support of the community, in and out of court, is crucial." The brothers seemed strong and in good spirits.

To read an interview with Richard Brown, click here!