July 14-18, 2008: Conditional Exams Held.
Jalil & Herman Probably Unable
to Attend Parole Hearings

The first of several prosecution witnesses appeared in closed sessions this week in the San Francisco 8 case. These "conditional exams" of five witnesses who are old and in poor health are taking place as they may not be available at trial. They are testifying in advance of the preliminary hearing scheduled for September 8th.

Jack Girot, a former SF Police Officer, was in court for two days and was questioned about a "stolen bicycle" report filed at the Ingleside Police Station in 1971. The notes he took are lost or destroyed. The report originally prepared by Girot was "enhanced" by person or persons unknown with additional information not provided by Girot. He could not identify the people who made the report. A co-authored Erdalatz and McCoy intra-departmental memo puts an additional Black male in the police station at the time of the stolen bicycle report with no reference to the source of the information. Girot could not identify any of the defendants in the case from either their current photographs or photos from 1971.

The next exams are scheduled for August 22 & August 25-28.

Judge Moscone had Herman Bell and Jalil Muntaqim appear unshackled in court for the first time, when neither the SF County Sheriff (who runs the jail and security in the courthouse) nor the prosecutors objected.

The California State Prosecutors office has not allowed the defense to see the text of a proposed agreement to return Herman and Jalil to New York state for their parole hearings. The delays make it unlikely that they can have their legally-guaranteed hearings before the September preliminary hearing. Prosecutors are saying that until the extradition papers are signed, they remain confidential and will not be presented to Judge Moscone to sign.

Judge Philip Moscone had earlier (on May 22) signed an order allowing Herman Bell and Jalil Muntaqim to return to New York state for their parole hearings. All parties agreed that the move would be temporary; Herman and Jalil waived their rights to fight extradition back to California .

This is a vindictive and mean-spirited procedural delay. 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.

June 18, 2008: SF8 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."

Hearing Wed., June 18, 2008
Prosecutor wants Judge to reconsider
sending Herman and Jalil back to NY

The prosecutor in the San Francisco 8 case will ask Judge Moscone to reconsider his order to transfer Herman Bell and Jalil Muntaqim back to New York for their parole hearings. California State Attorney Druliner is requesting a reversal of an arrangement that took several meetings and two court hearings to work out, ultimately resulting in a judicial order that was filed weeks ago.

In the meantime both men have been preparing for their parole appearances in New York.

The hearing to consider the state's motion to reconsider will be heard on Wednesday, June 18th at 9:30 am at 850 Bryant Street in San Francisco.

Also scheduled for next Wednesday, June 18th and Thursday the 19th will be the first of several conditional examinations of prosecution witnesses who are either old or in poor health. The witness scheduled is Gus Coreris, a former SF homicide inspector and one of the first people at the scene at the Ingleside police station in 1971.

May 22, 2008: Herman Bell and Jalil Muntaqim
To Return to NY for Parole Hearings

After some last-minute procedural issues were resolved, Judge Philip Moscone signed the order to have Herman Bell & Jalil Muntaqim return to New York State for their parole hearings. They will be transported by Federal Marshals. All parties agreed that the move would be temporary. Herman & Jalil waved their rights to fight extradition back to California. They are expected to be back in San Francisco for the beginning of the Preliminary Hearing in the San Francisco 8 case, currently scheduled for September 8.

April 21, 2008: SF8 Court Update

A very large, well-attended rally preceded today's packed San Francisco 8 court hearing. Four of the SF 8—Ray Boudreaux, Richard Brown, Hank Jones and Francisco Torres—joined in leading chants outside the 850 Bryant Street courthouse along with supporters from all over the Bay Area and from other West Coast cities.

The main defense arguments focused on the prosecutors' request to conduct “conditional exams” of 5 witnesses who are old and in poor health and so may not be available at trial. There are legal bases for their testifying in advance of the preliminary hearing and trial. But the defense is arguing that they have full rights to court-ordered discovery pertaining to these witnesses allowing them to prepare to cross-examine them, particularly exculpatory evidence.

Judge Philip Moscone seemed to indicate that the standards for these exams would have to meet trial standards, and that he will address the related discovery issues, but would not issue a written ruling until next week's court hearing.

Defense subpoenas make clear reference to missing exculpatory evidence including “negative comparisons” of latent prints by FBI fingerprint examiners from 1971 and 1975. “I believe that the FBI has been deeply involved in the investigation of the Ingleside murder,” stated defense attorney Chuck Bourdon, who represents Francisco Torres. Bourdon also thinks that all FBI files “have not yet been provided.” Several agencies made reports of negative results over the years. The only positive identification of any latent print (the same latent print) was made recently by an “expert” who was previously disciplined for making false fingerprint reports.

Stuart Hanlon, representing Herman Bell in this case, referenced his previous defense of Geronimo Ji-Jaga Pratt—a major target of the FBI's COINTELPRO program. Geronimo “was falsely imprisoned for 27 years by the withholding of FBI exculpatory evidence,” argued Hanlon. “This request demanding full discovery and particularly FBI evidence is more than reasonable in light of this history. This case is no different,” Hanlon pointed out.

“The FBI and COINTELPRO are relevant to this case, as COINTELPRO is a continuum through today's Phoenix Taskforce,” argued Jalil Muntaqim's lawyer, Daro Inouye. The Phoenix Taskforce is a multi-agency force that is difficult to formally define. It is known that it includes the US Attorney, the FBI, local police agencies including the SFPD, and the California Department of Justice. It is the umbrella organization that has reopened this case, empaneled various Grand Jury investigations and is overall responsible for this 37-year-old Panther prosecution.

Dave Druliner, the lead State prosecutor, replied to defense references to COINTELPRO dismissively as “an aura that exists out there,” and “just something that the defense brings up from time to time.” Apparently congressional investigations revealing the illegality of the FBI's COINTELPRO program in the 1970s are part of that aura.

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 more on this case, click here!