Wi n t e r 2007 "Any movement that does not support their political internees is a sham movement." - O. Lutalo Issue #46

QUA RT E R LY PUBLICATION OF THE A B C F

U P D A T EA B C F

$2

25

YEARS

The ABCF is:PRISONER’S COMMITTEE

OJORE LUTALO#59860 / Box 861Trenton, NJ 08625SEKOU KAMBUI113058 / BOX 56SCC (B1-21)Elmore, AL 36025

JAAN LAAMANW41514 / Box 100South Walpole, MA02071

BILL DUNNE10916-086Box 2068Inez, KY 41224USP Big SandyHANIF BEY295933 / Box 759Big Stone Gap, VA24219

NJ ABCNew AddressComing Soon!JAX ABCPO Box 350392Jacksonville, FL32235-0392

MONTREAL ABCP.O.B 42053 SUCCJeanne ManceMontreal QCH2W 2T3 Canada

PHILLY ABCPO Box 42129Philadelphia, PA19101

WINNIPEG ABC3D-91 Albert St.Winnipeg, Manitoba,R3B 1G5, Canada

LA ABCPO BOX 11223Whittier, CA 90603

ABCF GROUPS

The Anarchist Black Cross (ABC) beganshortly after the 1905 Russian Revolution. Itformed after breaking from the Political RedCross, due to the group’s refusal to supportAnarchist and Social Revolutionary PoliticalPrisoners. The new group, naming itself theAnarchist Red Cross (ARC), began to pro-vide aid to those Political Prisoners whowere refused support by the PRC.

In the early decades, the organization hadchapters throughout Europe and NorthAmerica. These chapters worked together toprovide assistance to prisoners only inRussia. Soon other groups, such as theLatvian Anarchist Red Cross, emerged toprovide aid in other Eastern European coun-tries. Armed with the ideas of mutual aid a n ds o l i d a r i t y, these groups worked tirelessly to

provide support to those who were suff e r i n gbecause of their political beliefs.

In 1919, the org a n i z a t i o n ’s name changedto the Anarchist Black Cross to avoid confu-sion with the International Red Cross.Through the 1920s and until 1958, the org a n-ization worked under various other namesbut provided the same level of support as theother groups working as Anarchist BlackCross.

After 1936, the ABC expanded its aid toplaces such as Greece, Italy and Spain.

In 1958, the organization collapsed butr e e m e rged in 1967 in London, England.Once again ABC chapters spread throughoutthe globe providing support for imprisonedcomrades. Sadly, by the end of the 1970sonly a handful of ABC chapters still existed.

In the 80s, however, the ABC began to gainpopularity again in the US and Europe. Foryears, the A B C ’s name was kept alive by anumber of completely autonomous groupsscattered throughout the globe and support-ing a wide variety of prison issues.

In May of 1995, a small group of A B Ccollectives merged into a federation whoseaim was to focus on the overall support anddefense of Political Prisoners and Prisonersof Wa r.

Various groups have since merged innumerous networks throughout the globeworking on various prison issues. T h eAnarchist Black Cross Federation (ABCF)has continued its mission to focus on the aidand support of Political Prisoners. We takethe position that PP/POWs demand our topp r i o r i t y. We strive to continue with the samededication and solidarity to our fallen com-rades as those before us have shown.

W H AT IS THE ANARCHIST BLACK CROSS FEDERAT I O N ?

ISSUE #46 Winter 20071www.abcf.net

Introduction:“Crucially important to maintaining the anarchist integrity of this org a n i z a t i o nis the fact that Branch Groups and Support Groups are freely autonomous totake on whatever initiatives they can to further the Unity of Purpose of theA B C F. So long as these initiatives do not contradict any preexisting agree-ments (Tactical Unity) that have been made by the A B C F, it is not necessaryfor all groups to approve of and/or agree with programs, projects or work ofother ABCF collectives.” [from the ABCF Constitution and Structure]

The following definitions are used to describe the below terms wheneverthey appear in the ABCF Update or any other ABCF literature.

P o l i t i c a l P r i s o n e r ( P P ) : A person incarcerated for actions carried out insupport of legitimate struggles for self determination or for opposing theillegal policies of the government and/or its political subdivisions. [SpecialInternational Tribunal on the Violation of Human Rights of PP/POWs inU.S. Prisons and Jails, Dec. ’90]

P r i s o n e r o f Wa r ( P O W ) : Those combatants struggling against colonial andalien domination and racist regimes captured as prisoners are to be accordedthe status of prisoner of war and their treatment should be in accordance withthe provisions of the Geneva Conventions Relative to the Treatment ofPrisoners of War of 12 August, 1949 (General Assembly resolution 3103)

To Our Friends and Supporters,We are writing this letter to explain a significant gap in reports for our Warchest program, which is intended to providemonthly financial support to several PP/POWs. We have detailed financial reports and receipts for all years preceding2004 and from 2005 until the present, but are missing reports from 2004. Neil Batelli, a member of Jacksonville ABCF, coordinated the Warchest for several years, taking funds from ABCF collec-tives and other donors, and distributing them on a monthly basis to the PP/POWs who receive the funding. During a move to a new home, Neil misplaced the records from the period in question. It is important to note that we do notin any way question Neil's use of incoming funds during this unaccounted period. He ran the Warchest reliably for yearsand often used his own money to cover shortages. The Warchest continues to be a core component of the work of the ABCF. Transparency is a key part of this fundraising,and we felt that it was necessary to be honest about this interruption in our accounts. Funds in and out of the program arenow handled by Philadelphia ABCF, and monthly reports resumed as of January 2005.

Signed by the Federation Council of the ABCF

A Statement from the ABCF Regarding the Warchest Fund

2

Friends and supporters,We would like to inform everyone about the events in court today.

After months of negotiations and consideration, Daniel, along withJonathan Paul, Joyanna Zacher and Nathan Block, pled guilty to some ofthe many charges. We cannot emphasize enough what an extremely dif-ficult decision this was for Daniel and we will continue to give him ourfull support.

We do not want there to be any confusion about Daniel's plea agree-ment so we have posted it here. Daniel agreed to plead guilty with theunderstanding that he would not implicate or identify anyone other thanhimself. The other three remaining co-defendants entered pleas with thesame terms. Daniel has done everything possible to maintain his integri-ty, and he wants to be as open about his agreement as possible.

We have also provided Daniel's statement to Judge Aiken andDaniel's lawyer’s statement below.

As we already stated, we will continue to support Daniel completely.He and his family have been through an extremely difficult time anddeserve to get through this with the best possible outcome.

We will be posting information shortly about how others can contin-ue to help Daniel by submitting letters to the judge.

Please keep in mind that our fight is not over. We will still need yourhelp and support in the coming months, in order to fight for the least pos-sible sentence for Daniel.

Thank you for your continued support,Family and Friends of Daniel McGowan

Your Honor,This plea agreement is very important to me, because it allows

me to accept full responsibility for my actions and at the same timeremain true to my strongly held beliefs.

I hope that you will see that my actions were not those of a ter-rorist but of a concerned young person who was deeply troubled bythe destruction of Oregon's beautiful old-growth forests and the dan-gers of genetically modified trees. After taking part in these twoactions, I realized that burning things down did not fit with myvisions or belief about how to create a better world. So I stoppedcommitting these crimes.

This last year has been a very trying time for my family and Iwould like to extend my deepest love, admiration and appreciationto them for standing by me through a very difficult time. I wouldalso like to apologize to the workers of the companies I targeted. Inever intended to hurt people, so when I read about things like fam-ily photos being destroyed, I felt great remorse. I am truly sorry forthe harm that I caused.

Your Honor, after May of 2001, I put myself back on the path ofopen and positive activism. Since then I have focused on helpingvictims of domestic violence, campaigning for the environment, andadvocating for prisoners. While my commitment to pursuing a bet-ter world has not and will not change, I have changed the way I ampursuing those goals. My agreement with Mr. Paul, Mr. Block andMs. Zacher to come together and resolve this case by taking respon-sibility for what we did is an important step in moving forward tohave what I hope will be a positive impact on my community. Thankyou for allowing me a few moments to speak to you this morning.

U P D AT E :On December 14, in Eugene, Oregon, Federal JudgeAnn Aiken set sentencing dates for the ten individuals who havepled guilty to charges stemming from the FBI’s “OperationBackfire” prosecutions.

The 2007 dates are: Stanislas Meyerhoff (snitch), April 10; KevinTubbs (snitch), April 17; Chelsea Gerlach (snitch), April 18; DarrenThurston (snitch), April 19; Suzanne Savoie (snitch) and KendallTankersley (snitch), April 20; Nathan Block and Joyanna Zacher,April 25; Daniel McGowan, April 26; and Jonathan Paul, April 30.

Despite the fact that none of the defendants in the case were everc h a rged with the crime of terrorism, federal prosecutors haveannounced that they will seek terrorism sentence enhancements ofup to 20 years at the time of sentencing for all the defendants. (Ithas never been alleged that any defendant injured another human oranimal as a result of their politically motivated acts of sabotage.) Adiscussion of the overarching issues regarding the constitutionalityof the proposed terrorism enhancement, as it applies to all defen-dants, will tentatively take place during Meyerhoff’s hearing. Othersentencing hearings may be pushed back as a result. An additionalstatus hearing was set on March 2 to check-in with the court andparties to determine if the dates set will still be viable.

McGowan’s Trial Statement

I learned the fate of my friends and allies during a visit a few hours after the pleas were entered. Then last night a guard came bywith a newspaper article. He wanted to know how I felt about it.

It breaks my heart when I think about how this all could have been avoided. I 'm outraged and saddened that there are so many trai-tors and cowards amongst us.

The four people who pled guilty November 9, 2006: Jonathan Paul, Nathan Block, Joyanna Zacher, and Daniel McGowan, are vic-tims of these traitors. Yet, despite the betrayal of their comrades, they have continued to act with honor and dignity.

For those of us who have chosen the path of resistance, there is no greater test of character than standing in the courtroom. T h e r eis no greater test of honor and integrity than facing the consequences of that resistance.

I have had the honor and privilege of briefly knowing Nathan. I smile knowing that I once shook this man's hand. I wish I couldgive him a strong embrace now.

Daniel is one of my closest friends. Since his arrest I have been unable to communicate with him. I have not had the chance to tellhim how much I love him and how proud I am of him.

I have not yet had the honor of meeting Joyanna or Jonathan. I look forward to the day when I can look them in the eye and expressmy heartfelt gratitude for all they have done.

Daniel, Nathan, Joyanna, and Jonathan: carry yourselves proudly. Your bravery will never be forgotten. You are all heroes. I saluteyou.

With my deepest respect and admiration, J e ff "Free" Luers, November 12, 2006

GREEN SCARE REPORT

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William Lee Brent, a former BlackPanther and political exile, died in Cuba onNovember 4th. According to reports, Brentdied from bronchial pneumonia. He was 75.

Brent had been living in Cuba since hefled from prosecution for a 1968 shootoutwith police. In November 1968, he and twoaccomplices in a van marked "Black PantherBlack Community News Service" robbed agas station in San Francisco of $80. Policecaught up to him, prompting a shootout.While on bail, Brent hijacked TWA Flight154 from San Francisco to Havana on June17, 1969.

His family, who was unaware that Brentwas even sick, learned of his death throughtelephone calls and messages from friendsand acquaintances. They had not seen Brentsince he fled to Cuba, but had stayed in con-tact with him through e-mails and telephonecalls.

Brent lived a relatively isolated life dur-ing his nearly four decades in Cuba, spend-ing much of his time in his later years lis-tening to his beloved jazz music collectionin his apartment.

In a 1996 interview with The AssociatedPress, he said he missed the United Statesand the American black community. But hewas unwilling to return home to face certainlife imprisonment for aircraft piracy andkidnapping, and had resigned himself tonever seeing his country again.

"I miss my people, the struggle, the bodylanguage," Brent told the AP. "The blackcommunity in Cuba is very different."

Still, he said he had no regrets abouthijacking the plane. "I was a soldier in thewar for black liberation," he said.

A decade ago, Times Books publishedhis memoirs, "Long Time Gone," which toldof his coming of age on Oakland's streetsand of joining the Black Panthers when hewas 37, rising to become a bodyguard forleader Eldridge Cleaver.

In his book, Brent chronicled a July 1968police shootout in which two police officerswere critically wounded. Cleaver orderedhim kicked out of the Black Panthers.

Brent fled to Cuba because he believedhe would be treated sympathetically as amilitant black leftist. Once he exited the

plane, he was taken away in custody.Although never formally convicted, he spent22 months in an immigration jail whileCuban authorities tried to figure out what todo with him. Eventually they let him stay tolive out his exile.

Brent earned a Spanish literature degreefrom the University of Havana and taughtEnglish at junior and senior high schools.He never became a Cuban citizen.

Exiled Black Panther Dies in Cuba

Dear Friends and Supporters of theAngola 3,

With great joy, we can announce that wehave just received an opinion fromCommissioner Rachel Morgan of the 19thJudicial District Court in Baton Rouge rec-ommending that Herman Wallace's 1974murder conviction be reversed. The opin-ion is the result of an evidentiary hearingheld inside the Louisiana State Penitentiaryon September 19, and gives us new hopethat Herman, who is 65 years old and hasnow been in solitary confinement for 34years, may soon win his freedom. T h e r eare, however, still struggles ahead.

The Commissioner found that the prose-cution violated Herman's due process rightsby hiding from the jury and defenselawyers the fact that it had provided prisoninformant Hezekiah Brown, their key wit-ness, with the promise of a pardon from alife sentence as well as a carton of ciga-rettes per week and a private room with atelevision on prison grounds. Under thel a w, this constitutional violation requiresthat Herman's conviction for the 1972 mur-der of a correctional officer be overturned.This case, like so many others, involved anincompetent and biased investigationfocusing on innocent men and prosecutorswho lied and cheated to win convictions.

We are still several steps away from thisdecision resulting in Herman's release. T h eCommissioner's recommended ruling will

now be presented to the district judge, whohas the power to adopt it as is (which rou-tinely happens), amend it, or order furtherhearings. We are hopeful, given thestrength of Herman's case and the reason-ing of the opinion, that the court will adoptthe Commissioner's recommendation as itis written and overturn Herman's convic-t i o n .

If the court overturns Herman's convic-tion, it is likely that the Baton Rouge dis-trict attorney's office will appeal that deci-sion to the Louisiana Court of Appeal andSupreme Court, a process that could take aslong as two years. It is also possible thatthe state could seek to retry Herman, but

we would vigorously challenge a retrial atthis late stage as a violation of Herman'sconstitutional rights. Moreover, consider-ing the weakness of the state's evidence, itis difficult to envision a retrial resulting inany verdict other than acquittal.

We spoke at length with Herman and hiscodefendant Albert Woodfox today. T h e yare both overjoyed. Herman was able topersonally notify several of his familymembers and friends, and he asked us tothank all of the dozens, if not hundreds, ofpeople who have contributed to this causeover the years. Albert is hopeful that suc-cess in Herman's case will help him, as heis just beginning the process of litigating afederal habeas corpus petition.

We still have a long way to go beforeHerman and Albert are freed. We will keepeveryone informed of developments in thecase. In the meantime, check out this newmusic video dedicated to the Angola 3 case,produced by Dave Stewart of Eurythmicsa t :

w w w. y o u t u b e . c o m / w a t c h ? v = Y B y E R a SX i G A

Check out the A P article on the newdecision at:

( h t t p : / / s e a t t l e p i . n w s o u r c e . c o m / n a t i o n-a l / 111 0 A P _ B l a c k _ P a n t h e r _ C a s e . h t m l ) .

Best to all,Nick Trenticosta and Scott FlemingAttorneys for Herman Wallace and

Albert Wo o d f o x

Important Victory in the Angola 3 Case

4

A man like Santiago Alvarez, who can beheard on a telephone calling on one of hisunderlings to throw C-4 explosives intoHavana's Tropicana nightclub and "do awaywith all that"--all that being hundreds ofpeople--a man like Santiago Alvarez, whohad machine guns, bazookas and grenadesin a massive Miami arsenal, has been sen-tenced this week to fouryears by a southernFlorida federal court.

Yet, the Cuban Five, five men who werein Miami working to prevent a terrorist likeAlvarez from killing innocent people, whonever possessed a weapon, who neverengaged nor intended to engage in the "espi-onage conspiracy" they were falsely con-victed of, received 15 years to double lifeafter their 2001 trial, and the added punish-ment of being denied family visits.

Alvarez and his accomplice OsvaldoMitat were allowed to plead guilty only toone charge of weapons possession. Beforetheir sentencing, federal judge James Cohnsaid, "This court recognizes the ultimateobjective and goal of Mr. Alvarez and Mr.Mitat has always been a free and democrat-ic Cuba. This court does not question thealtruistic motive here. However we are anation of laws."

The impunity granted to the Miami ter-rorists by the government and the courts isbecoming more and more blatant.

Almost every day it seems, more news iscoming to light in Miami of the vast anddeep network of rightwing Cuban-Americanterrorists and their murderous plots: AntonioLlama, Roberto Ferro, Alvarez, Mitat, andof course, the most dangerous of them all,Luis Posada Carriles. Posada's cohort,Orlando Bosch, gets to appear regularly onMiami TV, itching to admit his atrociouscrime of the 1976 bombing of Cubana Flight455 that killed 73 people. Bosch and Posadaworked hand-in-hand in the plane bombing.

Where is the justice?Last Aug. 9, 2005, an historic and

unprecedented ruling was made by a panel

of three judges in the case of the CubanFive. With a powerfully-worded 93-pagedecision granting the Five a new trial, the11th Circuit Court judges ruled that the situ-ation in Miami was a "perfect storm" effec-tively denying Gerardo Hernández, RamónLabañino, Antonio Guerrero, FernandoGonzález and René González the constitu-tional right to due process.

Part of that "perfect storm" described bythe judges was the evidence of terrorist plotsthe Five had gathered while infiltrating theextremist Miami organizations. The trialjudge, Joan Lenard, denied much of that evi-dence as irrelevant.

A new trial outside of Miami for theCuban Five would have undoubtedly exon-erated them. However, the hand of the Bushadministration intervened last year whenU.S. Attorney General Alberto Gonzalesappealed the Five's victory in an effort tooverturn the panel's ruling for a new trial.

Unfortunately, the en banc panel of the11th Circuit Court of Appeals set aside theCuban Five's victory. It ruled ignominiouslyon Aug. 9, 2005, that the Five received a fairtrial in Miami, and that Judge Lenard prop-erly denied them a change of venue out ofMiami.

While George W. Bush unleashes bombsand destruction causing the deaths of Iraqis,Afghanis and U.S. soldiers--in the name of awar against terror--he has remained com-pletely silent about the rightwing Cuban-American terrorists who reside in the UnitedStates. This silence is tacit support.

U.S. Homeland Security waited two fullmonths before arresting Luis PosadaCarriles after he illegally entered the UnitedStates last year. When DHS was finallyforced to detain Posada on May 17 becauseof a public press conference he held thatmorning, Homeland Security prosecutorsavoided charging him with more seriouscrimes, like the Cubana plane bombing.

Instead, Posada's only formal charge todate is illegal immigration entry. To the

extent that federal authorities may be inves-tigating him for his role in several 1997Cuban hotel bombings, it is probably toavoid prosecuting him for the plane bomb-ing. That is because Bush Sr. was CIA direc-tor at the time of the Cubana bombing;Posada was a longtime CIA operative.

It is more than an oversight by Bush andprevious presidents that Miami terroristshave existed, organized plots, and carriedout attacks with total impunity.

The Miami terrorist phenomenon isfinanced, armed, and given a green light bythe CIA, FBI and other arms of the govern-ment.

There is mounting evidence that proveswithout a doubt, terrorism against Cuba ispart of U.S. government policy.

If the government won't listen to justiceand reason in the case of the Cuban Five, ifit instead chooses to vengefully prosecutethem to keep them locked up for years fordaring to defend their homeland of Cuba,then it is up to the people to fight ever morefor their freedom. The Cuban Five's mis-sion was not only saving Cuban lives, butprotecting all potential victims of theMiami mafia, including U.S. citizens.

The American people would embrace theFive if they were only aware of their causeand mission. September 11 and Oklahomaare permanent reminders of the horror of ter-rorism. Terrorism against the Cuban peopleis no less criminal. More than 3,400 Cubanpeople have died from U.S.-originated ter-rorist attacks.

Justice demands that the Cuban Fiveanti-terrorist activists be freed immediately.In addition, Posada should be extradited toVenezuela or prosecuted fully in the UnitedStates for the bombing of Cubana Flight455.

Gloria La Riva is coordinator of theNational Committee to Free the Cuban Fivein San Francisco.

She can be reached at: glorialariva@hot-mail.com

Where is the Justice? Anti-Castro Terrorist Gets Only 4 YearsBy Gloria La Riva, National Committee to Free the Cuban Five

The US Government has announcedthat it has gone to the Solicitor Generalof the United States Justice Departmentfor authorization to appeal Ly n n eS t e w a r t ’s sentence and that of her co-defendants. They are not challenging thebail pending appeal but state that theywill only agree to one 30-day adjourn-ment of the filing of the appeal becausethey want everyone serving their sen-tences as soon as possible. What does allthis mean for Lynne? Lynne's attorneysare not surprised that the governmentwants to appeal her sentence. A l t h o u g h

sentences are not usually appealed, itdoes happen. Case law in the 2ndCircuit, which governs Lynne's case,shows that, although rare, when a sen-tence is appealed and the Circuit sendsthe case back for re-sentencing the resultis a far longer sentence. We are hopefulthat Judge Koeltl's meticulous sentencingdecision will carry the day but we haveno guarantees and must continue our vig-ilance in the face of this latest move bythe government. Lynne's attorneys willbe filing the appeal of her convictionwithin the year.

Government Seeking to Appeal Lynne Stewart's Sentence

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To be uprooted for destinationsunknown is a most unpleasant experienceat best; one that echoes back to anothertime and place where men, women andchildren were snatched against their willand delivered as goods into another land.Bondage. This recent experience has awak-ened in me that memory that never reallysleeps but has long been hidden in my sub-conscious – what it felt like to be enslaved.It is an experience that, when coupled withwhat seems to be a secret lottery in which afew prisoners are selected each day,amounts to psychological torture. That tor-ment has become a part of the daily routineof thirteen hundred men at the MarylandHouse of Corrections at Jessup.

Each day starts with cups of cold foodbeing pushed into cells. These cells havebeen locked twenty-four hours a day for 45days straight. Twice more before the day isdone these cold cups of food will be deliv-ered. For the men who are locked in, thereare no visits, no telephones, no religiousservices, no schools, and no purchasesfrom the prison commissary. Many fami-lies do not know what is happening withtheir loved ones, and the frequent mediareports concerning violent incidents at the

facility does not help the situation. T h ehospital is the only place where movementis allowed at all. Prisoners receive theirmedications there. The lockdown has evena ffected those minor things that so manytake for granted, such as personal hygiene:there is no soap, toothpaste, or deodorant.Most prisoners shower only twice a week.

Tempers have been flaring; angerseething just below the surface in many of

the men. After hours of boredom in theircells, a guard calls for attention from theprisoners. He calls out two or three names,“Moore, Washington, Miller: pack up,you’re moving.” An hour later as they takeaway the latest victims, someone askswhere they are going. “We don't know, butwe will be back tomorrow for more,” theguard replies. The rest of the prisoners arereminded of the slave ships that tookAfricans away. Later that night, most of theprisoners are asleep, however somewhereamong the dirty, half-nourished and angrymen lurks the dream of payback. Freedomhas taken a back seat to revenge; it is a rageborne of this new degree of oppression, andonce unleashed it will likely expend itselfamong the prisoners. Prisoners, like mostoppressed people tend to take the anger outon each other. It is a seemingly unendingcycle of violence.

“ C o n w a y,” the guard called my nametoday and threw bags at me. “Pack up,you're moving.”

Marshall Eddie Conway # 116469, MD. Correctional Training Center 18800 Roxbury Rd. Hagerstown, MD 21746

Lockdown at the Maryland House of CorrectionsBy Marshall “Eddie” Conway

The California Department ofCorrections and Rehabilitation’s Board ofParole Hearing, for the 8th time, deniedHugo L.A. Pinell parole at a hearing heldTu e s d a y, November 14, at the supermaxPelican Bay State Prison in Crescent City.

A p p a r e n t l y, 42 years in Californiaprisons, the last 36 in solitary confine-ment, including 16 in the windowless, hi-tech SHU (Security Housing Unit) withsensory deprivation in the extreme, wasnot enough retribution against HugoPinell, nicknamed Yogi Bear. They gavehim two more.

Since Hugo has had a clean record--no115s, (rule infractions) for 24 years, andhis last crime was committed 35 yearsago--it was a political decision.

Hugo was part of the Black Movementformed in resistance to the deplorableconditions of prisons and the unspeakablebrutality towards prisoners, especiallyBlacks, in the 1960s and 70s. Born inNicaragua, Hugo also resisted theMexican/Latino segregation of Blacks,i.e., he broke ranks, identifying as Blackinstead of “Latino.” That made him evenmore of a targ e t .

It is indisputable that it was the prison-ers' Movement led by George Jackson andW. L. Nolen, that brought attention to theappalling conditions and eventualCongressional oversight and overhaul ofthe California prison system. (See T h eMelancholy History of Soledad Prison, byMin S. Ye e . )

The mandated changes that grew out of

that struggle serve as an open and undeni-able acknowledgment of just how bad itwas; how necessary the resistance.Although it’s difficult to imagine worseconditions than those in today’s 5000 pris-ons and jails across the country, mostgrossly overcrowded -- yesterday’s“holes,” virulent hatred from racist guardsand prisoners alike, officially sanctionedb r u t a l i t y, torture, and murder comprisedmore horrific conditions 40 years ago.

The stance Hugo Pinell took resulted inprolonged torture and isolation, plus a longrecord of 115s. Hugo often intervenedphysically when another prisoner wasbeing beaten, getting beat up himself andthrown in the hole. Almost any Black per-son who has suffered guard or policeassault knows that when the brutality stops,i t ’s the victim who gets the charges orwrite-ups for the assault, not the off i c i a la g g r e s s o r.

At one point in the turbulent 60s, theMovement organized a hunger strike whichlasted eight days. Hugo’s file reflects eight115s, one for each day. All were usedagainst him at the hearing!

During the hearing, the Commissioners

Hugo Pinell Denied Paroleby Gordon Kaupp, Esq. with Kiilu Nyasha

6

virtually ignored his 24 years of clean timeand tallied his 115s, counting well over100. Although Hugo has not gotten a vio-lation since 1982, the Board found a way tohold that against him too. CommissionerShelton said something like, “When I see aman as violent as you and I see that youhave not had a 115 for 24 years it makes mew o n d e r, and it reminds me of a story I onceheard. At a parole board hearing of aninmate who had received many 115s earlyon but hadn’t received any in a long time, acommissioner asked him how he was ableto stay out of trouble. The inmate told theBoard, ‘It’s because I’m the shot caller onthe yard and I can get anyone to take thefall for me.’” That story is incredible forseveral reasons: that a prisoner would evensay such a thing; the fact that Hugo is neveron the yard; and SHU prisoners are com-pletely isolated, no phone calls, censoredmail, restricted, monitored, no-contact vis-i t s .

W h a t ’s more, the Board violated Hugo’sright not to discuss or even refute thecrimes for which he was convicted. An in-depth look at Hugo’s convictions revealsserious questions of reliability of evidenceand basic fairness in the trials. Except forthe original case that landed him in prison,all of Hugo’s subsequent convictions werefor acts against prison guards, reflecting thehistoric struggle referred to above.Nevertheless, one Commissioner did holdhis denial against him and berated him forit, saying, “and you continue to show noremorse and you even deny doing thosethings.” What good is the right not to admitto something, if your lack of remorse (forsomething you didn’t do) can be usedagainst you?

I’m reminded of the case of Geronimo jiJaga (Pratt), who spent 27 years inCalifornia prisons convicted of a murderfor which he was ultimately exonerated.He faced the same reason for being repeat-edly denied parole -- his refusal to showremorse for a crime he didn’t commit.S i m i l a r l y, Hugo’s denial of guilt and lack of

remorse was used against him, a clear vio-lation of his rights under Cal. Penal CodeSec. 5011 .

One of the requirements for parole iscommunity support upon release. Forty let-ters from teachers, professors, human rightsadvocates, social workers, friends, family,and even one from the Public Defender, JeffAdachi-- offering Hugo San Francisco’snew reentry program upon parole-- werediscounted and scorned by theC o m m i s s i o n e r s .

Another point the Board used againstHugo was his unwillingness to “program.”Insistence on programming is in realityabout domination and submission, since theextremely limited “programs” authoritiesprovide do not produce truly marketableskills. SHU prisoners don’t even haveaccess to the programs available to main-line prisoners. They can only take certaincorrespondence courses or read self-helpbooks to demonstrate their compliance.

H u g o ’s lack of submission to the sys-t e m ’s programming has to do with his ownprogram of survival under conditionsdesigned to produce insanity. The super-max SHU is itself a human rights viola-tion. The United Nations and A m n e s t yInternational assert that the conditions ofthe SHU are inhumane and in violation ofthe international conventions on the treat-ment of prisoners. Psychiatrists in thefield of prison mental health have docu-mented through dozens of studies since the1970s that SHU conditions -- 23-24 hoursa day in small cells with no natural light,no windows, no view outside their cells,no contact visits, prolonged isolation -- arealways harmful. One such expert, Dr.Terry Kupers, author of "Prison Madness:The Mental Health Crisis Behind Bars andWhat We Must Do About It," evaluatedH u g o ’s mental health in 2004 and con-cluded that he is nothing short of amazing.Hugo has been able to maintain his sanitythrough a strict regimen of vegetarian diet,exercise, prolific writing to relatives andfriends, and other forms of self care. T h i s

is a full time effort to be sure, and theresult is that, against all odds, Hugoremains compassionate, mentally andphysically healthy and alive. It’s evenmore remarkable considering that in 2005,a record 44 prisoners killed themselves inCalifornia prisons; 70% of the suicideswere in segregated units. In a nationalstudy of 401 suicides in one year, 1986,two out of every three people who killedthemselves were in control units. (Hayesand Rowan 1988).

In summary, this Parole Board Hearingwas anything but fair and impartial. We sitin a room in the SHU with theCommissioners facing Hugo and I (hisattorney), three guards behind us and Hugochained hands-to-waist and feet-to-waist.Openly hostile, the commissioners recount-ed the history of 115s, alleged attacks onguards over 35 years ago, with SHU guardslooking at us. It’s unfair because the allegedo ffenses cannot change; only the prisonercan change.

Despite their unfairness, despite theirviolation of his rights, despite their refusalto display humanity or common sense, anddespite their utter rudeness and contemptfor Hugo, I must say my client remainedstrong and upbeat. I felt proud of him.

We were all but sure that they wouldn’tgrant him parole before going into the hear-ing, but we knew that we had to make agood record so that we could move into thesecond stage of the strategy to get HugoPinell out of SHU, out of prison.

We intend to file a Petition for Writ ofHabeas Corpus with an outside court toappeal the Board’s denial. We are announc-ing our search and need for a law firm withthe resources to represent Hugo. If youknow any law offices or friends in firmsplease ask them if they would be willing totake the case and to call or write me, hisa t t o r n e y, Gordon Kaupp, 115 1/2 BartlettStreet, San Francisco, Ca. 94110, (415) 2858091.

For more information on Yogi, go tow w w. h u g o p i n e l l . o rg .

After spending almost six months injail without being accused of any crime,J e ff Hogg has been released from impris-onment. On May 18, 2006, Hogg wasjailed for civil contempt after he declinedto testify before a federal grand juryallegedly investigating "eco-sabotage"cases. His incarceration led to public out-cry and support efforts in Eugene andbeyond. Hogg was released on November15 from the Josephine County jail inGrant's Pass, Oregon, rejoining his part-ner and community.

"I'm happy to be free and not to havecompromised my principles in the face of

the abusive grand jury system." Jeff Hoggstated from his home in Eugene, Oregon.

Hogg's attorney, Paul Loney, added,"While Jeff Hogg's liberty is restored, heis still subject to a new subpoena from afuture empanelled grand jury as the FBI isnot satisfied with the guilty pleas from allthe Oregon eco-sabotage defendants.For some reason the FBI wants informa-tion Jeff does not have for cases that havebeen resolved. We hope that Jeff will nothave to face the prospect of another sixmonths in jail."

Hogg was released less than oneweek after four District of Oregon

defendants, facing charges from theFBI's "Operation Backfire," resolvedtheir cases and took non-cooperationplea deals. The "global resolution" ofthese remaining Oregon cases has notended the FBI's campaign against envi-ronmentalists, however. I nWashington, Briana Waters still facesserious federal charges relating to sabo-tage at the University of Wa s h i n g t o n .Waters asserts her innocence on allcounts and is scheduled for trial in May2007. The FBI continues to search forseveral other individuals they accuse ofconspiracy and arson.

Jeff Hogg Released from Jail

7

Ricardo Palmera, a peace negotiatorfrom the FA R C - E P ( C o l o m b i a nRevolutionary Armed Forces-PopularArmy), is currently being tried in the U.S.District Court in Washington, D.C., wherehe was extradited from his homeland onDec. 31, 2004, on charges of kidnapping,terrorism and drug traff i c k i n g .

This case follows the new trend putforth by the Bush Administration of tryingforeign citizens in US criminal courts.Although widely covered by Colombianand other international media, news of thecase has been notoriously absent from thecommercial media in this country, givingthe impression that there is a media white-o u t .

The trial on drug trafficking will be aseparate case that will be heard after theconclusion of the current case of kidnap-ping and terrorism.

The charges of kidnapping againstPalmera—better known by his SimónB o l í v a r-inspired pseudonym, “SimónTrinidad”—stem from a February 2003incident in which a small plane flown byU.S. contractors/agents crashed in territorycontrolled by the insurgents in Caquetá, inthe south of Colombia. These contractorswere among the many U.S. military or mil-itary-associated personnel sent by theUnited States to Colombia to fight againstthe insurgency under Plan Colombia. T h eagents—Thomas Howes, Keith Stanselland Marc Gonsalves—have since beenkept captive by the FA R C .

Trinidad was extradited to the UnitedStates after Colombian President ÁlvaroUribe issued an ultimatum to the FA R C .With no possibility of negotiation, he uni-laterally demanded that the insurg e n t srelease all captives by Dec. 30, as the onlycondition for annulment of the extraditiono r d e r.

Trinidad is not charged with directinvolvement in the kidnapping. Rather, thecrime for which he is being tried under the

new U.S. antiterrorism legal framework is“association.” He is charged with “conspir-acy” to commit the crime of hostage-tak-ing. The Colombian government accusesTrinidad of trying to force a prisonerexchange using the three captive U.S.a g e n t s .

The accusation comes from a trip toEcuador taken by Trinidad. He had gone toEcuador at the request of the FARC to con-tact James Lemoyne, a United Nations rep-resentative with whom Trinidad had spo-ken before, about possible peace negotia-tions with the Colombian government. T h i sfact has been twisted into the accusationthat Trinidad was pressuring theColombian government to exchange theapproximately 500 FARC prisoners inColombian jails in return for the 60 or socaptives of the FARC, including the threeU.S. agents.

Even though the meeting never tookplace, the combined action of the Interpol,C I A and the Colombian and Ecuadorianarmed forces captured—or rather, kid-n a p p e d — Trinidad in Quito, Ecuador, onJan. 2, 2004. He was then extradited to

Colombia, where he remained in maxi-mum-security prison until being sent to theUnited States.

The charge of terrorism is based on U.S.President Bill Clinton’s 1997 decision todesignate the insurgent FARC as a “terror-ist” organization. Therefore, Trinidad isnow charged with aiding and giving mate-rial support to a “terrorist” group.

As the trial of Ricardo Palmera contin-ues, a parade of corrupt officials and paidinformants are passing through the federalcourtroom here. With Judge Hogan lookingon, Colonel Mora from the Colombian mil-itary took the stand. The Colombian mili-tary has the worst human rights record inLatin America. Now in its 42nd year,Colombia's civil war pits the Colombianmilitary against the organization Palmerarepresented in peace negotiations, theRevolutionary Armed Forces of Colombia,or the FA R C .

Other witnesses for the prosecution arenothing more than paid informants of thecorrupt Colombian government. There isan assumption that such witnesses areo ffered money, green cards to the U.S.,housing and other deals in exchange fortestifying against members of the FA R C .The trial of Ricardo Palmera will continuewith more informants, spies, military andgovernment officials testifying.

Meanwhile, Ricardo Palmera is held insolitary confinement, with no access to hisf a m i l y, friends or supporters; denied adefense lawyer of his choosing, and endur-ing endless hours of testimony from peoplemotivated against him and his politicalb e l i e f s .

In a letter from Palmera, which wasslipped past his captors, he writes, "Otherswill make use of their physical freedom toachieve our dream. If this imprisonment isthe price that must be paid for our idealsand the principles that have motivated thestruggle and are the reason for our exis-tence, then I welcome prison.

FARC Political Prisoner Faces Trial in U.S.

Charges Against Ojore Are ReducedIn a recent letter sent to Philly A B C F,

Ojore informed his supporters that theinfraction charge he received last year,which landed him in the ManagementControl Unit, has been reduced to a lowerc h a rge. The charge he received on June10th, 2005 was a 803-306--“attempt at con-duct which disrupts.” The charges werereduced to a 210 charge, which basicallytranslates to having possession of some-thing not authorized for possession.

Ojore has also been told that his “goodtime” that was stripped after June 10th hasbeen reinstated (a total of 1 year reduction

o ff his sentence.) Ojore’s work credits havealso been returned, which will bring hismax out-date to March 2009. There is alsoa chance that he could reduce his max out-date down to December 2008 with morework credits.

You can write to Ojore Lutalo at the fol-lowing address:

O j o re Lutalo# 5 9 8 6 0

P.O. Box 861SBI# 0000901548Trenton, NJ 08625

8

Whether the fundamental errors riddlingrecent actions by opponents ofPennsylvania death row journalist MumiaAbu-Jamal constitute mere mistakes ormalicious misrepresentations, these errorsresemble sequels to the Keystone Kopssilent film-era comedy series.

These error-filled antics occur as A b u -Jamal approaches the 25th Anniversary ofhis December 9, 1981, arrest for fatallyshooting a Philadelphia policeman, and asa pivotal legal action moves forward infederal appeals court revolving aroundwhether Abu-Jamal received a fair trial in1 9 8 2 .

The latest faux pas by Abu-Jamal oppo-nents regards errors in an October lettersent to officials in Paris requesting thatthey rescind the honorary citizenship grant-ed three years ago to the death row inmateviewed globally as a victim of injustice inA m e r i c a .

This letter states that a delegation ofPhiladelphia City officials, including thePolice Commissioner, planned a late-November trip to Paris to negotiaterescinding the honorary citizenship inexchange for these officials getting A b u -Jamal's death sentence cancelled.

H o w e v e r, the four Philadelphia off i-cials listed as delegation members all denyknowing anything about either the trip orthe deal.

F u r t h e r, these officials have no powerto cancel Abu-Jamal's death sentence.

Peter J. Wirs, the Philadelphia figurebehind the delegation, says he is surprisedby the errors in that letter prepared on his

behalf by a lawyer in Paris."I haven't done anything yet to formal-

ize the delegation or the planned trip. Wehaven't raised any money," Wirs saidr e c e n t l y, adding that he "hasn't seen" theletter sent on his behalf.

Wirs also distanced himself from thedeal proposed in that letter.

"An offer to pull the death penalty is soridiculous. We have no authority to take thedeath penalty off the table," said Wirs, aminor figure in Philadelphia's RepublicanP a r t y, a party that represents sixteen per-cent of the city's registered voters.

Wirs dismissed errors in that letter asminor mistakes probably resulting from"translations from English to French."

That October letter also contains theerroneous claim that Abu-Jamal shotO fficer Daniel Faulkner five times in theface, a claim contradicted by police, prose-

cutors and judicial findings throughout theq u a r t e r-century tenure of this case.

That October letter prompted a writtenresponse to Parisian officials from A b u -Jamal attorney, Robert R. Bryan.

Bryan wrote that the letter is "appallingsince it contains material misrepresenta-tions and errors."

I r o n i c a l l y, errors by police, prosecu-tors, jurists and other authorities during thearrest, conviction and state court appeals ofAbu-Jamal fuel the worldwide belief thatAbu-Jamal did not receive a fair trial and isthus unjustly convicted.

These errors include police failing togive Abu-Jamal the standard hand test afterhis arrest to determine if he actually fired agun, prosecutors failing to provide A b u -Jamal's trial attorney with compelling evi-dence indicating his innocence and thenotoriously pro-prosecution trial judgemaking racist remarks.

"Only in America could a trial judgesay ‘I'll help them fry the Nigger, ’ and beconsidered fair," Abu-Jamal stated in a let-ter to Parisian off i c i a l s .

"The trial featured lies, just as thethreatening letter to you did," A b u - J a m a l ' sletter stated. "If the trial was truly fair, whywould the Philadelphia letter propose ad e a l ? "

Prior to that error-filled October letter,Philadelphia area legislative leadersmounted equally error-riddled actionsagainst the Parisian suburb of St. Denis fornaming a street in honor of A b u - J a m a l .

The anti-St. Denis Resolution approvedby Philadelphia's City Council at the end of

The Mumia Abu-Jamal Case After 25 Yearsby Linn Washington, Jr.

On Monday October 30, 2006, guards atSCI Greene entered the cell of RussellMaroon Shoatz, confiscating all of his pos-sessions except his ink pen and writingp a p e r. Maroon was told that these actionswere taken against him not because of anywrongdoing on his part but because prisono fficials see US political prisoners as "theterrorists of the new millennium" and areplanning to invoke anti-terrorism measuresagainst them.

According to Maroon, this abuse againsthim is likely to be just the beginning of al a rger pattern of intensified abuse againstPP/POWs unless there is an immediateresponse from the people, letting PA g o v e r n-ment and prison officials know that theirbehavior is unacceptable and will not be tol-e r a t e d .

Maroon called on his supporters to con-tact prison officials and the governor to

demand the immediate return of his posses-sions. Supporters responding to the appealflooded prison officials with calls ande m a i l s .

On November 3rd guards returned all ofR u s s e l l ’s material, literature, medical historyetc., which they deemed "revolutionarymaterial", except for his T V, radio and reli-gious book. He says he believes the calls tothe DOC and SCI Greene made this possible.

Maroon went on to say, "The bottomline is they’re trying to set me up as somekind of Homeland Security terrorist threat.That's in line with the government sayingthe next threats to domestic security willcome from the prisons. That's crap. T h e yneed freedom fighters like me to exploit myhistory of fighting oppression of black peo-ple as a way to get in the door. I'm absolute-ly a FREEDOM FIGHTER! A i n ’t no ter-rorist here!!!

Shoatz Becomes Target of Prison Administration

9

M a y, for example, contains the erroneousdeclaration that "Mumia Abu-Jamal hasexhausted all legal appeals."

Since the federal Third Circuit Court ofAppeals, headquartered in Philadelphia,approved Abu-Jamal's request for anappeal in late 2005, it is factually incorrectto contend that Abu-Jamal "has exhausted"all of his appeals.

Not only did the 3rd Circuit agree tohear the appeal claim that prosecutors usedracial discrimination while selecting thejury for Abu-Jamal's 1982 trial, the CircuitCourt also took an unusual step in grantingappeal on other items like allegations ofjudicial bias during a 1995 appeals hearingfor A b u - J a m a l .

The intensity of the bias exhibited byJudge Albert Sabo during that 1995 hear-ing offended even Philly's normally anti-Mumia mainstream news media to thepoint of their publishing editorials con-demning Sabo for both making a mockeryof justice and providing Abu-Jamal sup-porters with additional ammunition toback their claims of gross injustice.

I n t e r e s t i n g l y, Peter Wirs does not dis-pute that Sabo made the racist pre-trialremark. Wirs readily admits that police didnot follow proper forensic standards whileinvestigating the murder.

Yet, Wirs contends Abu-Jamal is guiltyas charged, despite seeming violations ofhis constitutional rights.

"When you look at Sabo's statementsand his rulings in the trial, they are not per-fect but they are fair," Wirs claims. "Theerrors and problems with the criminal jus-tice system in this case do not mitigateagainst the fact that Abu-Jamal's gun wasfound at the scene. That is the heart of thisc a s e . "

The fact that police could not conclu-sively match bullet fragments removedfrom the slain officer to Abu-Jamal's gun isimmaterial according to Wi r s .

"This is a circumstantial evidencecase," said Wirs, acknowledging that he isworking with Philadelphia's police union,the Fraternal Order of Police (FOP), theprime group pushing for Abu-Jamal's exe-c u t i o n .

That Philadelphia City CouncilResolution supported a congressionalResolution introduced in mid-May by twoPhilly area Congresspersons, RepublicanMichael Fitzpatrick and Democrat A l l y s o nS c h w a r t z .

This congressional Resolution containsfundamental errors.

The Fitzpatrick/Schwartz Resolution,in recounting facts of the case, makes theerroneous claim that "Mumia A b u - J a m a lstruck Officer Faulkner four times in theback with his gun"

This claim contradicts the scenario pre-sented at the trial by the prosecutor, as wellas the version of events on the off i c i a l

‘Justice for Daniel Faulkner’ Web site. T h i ssite, according to its founders, exists toprovide "an accurate source of informa-t i o n "

Rick Santorum, a Republican US sena-tor from Pennsylvania, also introduced ananti-St. Denis resolution in the Senate thatmimicked the congressional resolution.

"No one ever claimed Mumia struckFaulkner's back four times. While this mayevoke the image of a heroic officer strikingback against all odds, it is sheer fantasy, "noted Dr. Michael Schiffmann, the Germanauthor of a new book on the A b u - J a m a lcase, "Race Against Death. Mumia A b u -Jamal: a Black Revolutionary in W h i t eA m e r i c a . "

According to Schiffmann, "One might

say such "details" are unimportant, but ifthey are so unimportant, why bring themu p ? "

D r. Schiffmann's book presents new,startling information on this controversialc a s e .

S c h i ffmann provides information blow-ing big holes in the ballistics evidence pre-sented by prosecutors and police.

F u r t h e r, Schiffmann's book presentspreviously unpublished pictures taken by apress photographer who arrived at the 1981crime scene before police photographersthat show police personnel tampering withevidence and manipulating the crimes c e n e .

Peter Wirs recently filed a lawsuit inFrance, asserting that officials in Paris andSt. Denis violated French criminal law byrespectively issuing the citizenship to aconvicted murdererand giving his name toa street.

The intense reaction in Philadelphia tothe street naming in far off St. Denis stuns

former St. Denis Mayor, PatrickBraouezec, who sees the reaction as surre-a l .

"By doing this, we are just contributingto the possibility of Mumia having a newand fair trial and put the issue of the deathpenalty on the table," Braouezec said dur-ing an September interview while visitingPhiladelphia, where the city's mayorrefused to meet with Braouezec about thestreet naming.

"There was no intention on our part toprovoke or offend the memory of the slaino fficer or his family," said Braouezec, cur-rently a member of the French NationalA s s e m b l y, the Congress of France.

Patrick Braouezec finds it difficult "toconceive that with the problems in theAmerican criminal justice system and theAbu-Jamal case that the level of resistanceto this man receiving a fair trial is soi n t e n s e . "

The intense resistance, Braouezec said,"is political. There have been lesser caseswith lesser doubts that received new trials."

Few either opposed to or supportive ofAbu-Jamal remember the case of NeilFerber; a Philadelphia man arrested sixmonths before Abu-Jamal's December1981 arrest.

Philadelphia police and prosecutorsframed Ferber for a mob-related murder,sending him to death row for 1,375-daysbefore his release.

A court ruling in a lawsuit Ferber filedover his false imprisonment declared that"this case presents a Kafkaesque nightmareof the sort which we normally would char-acterize as being representative of the so-called justice system of a totalitarian state.Unfortunately it happened here inP h i l a d e l p h i a . "

This ruling noted that a "variety ofPhiladelphia police" engaged in a litany ofmisconduct "for the singular purpose ofobtaining Ferber's arrest and subsequentconviction on first degree murder charg e s . ”

Evidence also showed that the jailhousesnitch whose testimony sealed Ferber'sconviction had flunked a lie-detector testordered by prosecutors but prosecutorswithheld this information from Ferber'strial attorney.

Philadelphia officials bitterly opposedFerber's lawsuit for compensation.

Ferber eventually received a milliond o l l a r-plus settlement for his wrongfulincarceration, however, authorities penal-ized no police officer or prosecutorinvolved in the framing of Ferber.

Didier Paillard, St. Denis' currentm a y o r, declared during the street namingceremony this spring that the A b u - J a m a lcase is not just a "symbol" in the strugglefor justice. Rather, it symbolizes “resist-ance against a system which has the arro-gance to reign over the world...”

10

FREQUENTLY USED

Acronyms/ TermsABCF: Anarchist Black Cross Federation - anti-authoritarian fed-eration of ABC groups who support and defend PP/POWs.ABC-BG: Branch Group - ABCF group with more responsibilitiesthan a SG.ABC-SG: Support Group - ABCF group with fewer responsibilitiesthan a BG.AIM: American Indian Movement - above ground revolutionaryorganization of Native Americans.Anarchism: Free or libertarian socialism. Anarchists are opposed togovernment, the state, and capitalism. Therefore, simply speaking,anarchism is a no government form of socialism. Types of anarchistsinclude: Anarcho-Communist, Anarcho-Syndicalist, A u t o n o m i s t ,Collectivist, Individualists, and Mutualists. BLA: Black Liberation Army - revolutionary Black clandestine for-mation formed to defend the Black community and the BPP, inac-tive since the ’80s.BPP: Black Panther Party - above ground Black revolutionarygroup seeking Black political power, disbanded in the mid-’70s.FALN: english translation: Armed Forces of National Liberation -revolutionary clandestine group fighting for Puerto Rican independ-ence.FC: Federation Council - decision making body of the ABCF.M O V E : Not an acronym, the name of an organization based inPhiladelphia who are committed to the teachings of John Africa. T h e i rbelief is in “life.”PC: Prisoner’s Committee - rotating body of 5 PP/POWs on theABCF’s FC.

PP/POWs: Political Prisoners and/or Prisoners of War.(See page 1.)Self-Defense: The legal act of protecting one’s life or the life ofanother with the idea/purpose of self determination and independ-ence. Armed self-defense is relative to the ABCF, specifically in theU.S., in that as the organization grows, so too grows the need to pro-tect ourselves from the armed aggressor of the state, right wing, andother ideological opponents. (Firearms training as preparation forself-defense are legal activities within the confines of the U.S.)Self Determination: The right by virtue of which all peoples areentitled freely to determine their political status and pursue theireconomic, social, and cultural development. All peoples may, fortheir own ends, freely dispose of their natural wealth and resourceswithout prejudice to any obligations arising out of international eco-nomic cooperation, based upon the principle of mutual benefit andinternational law. In no case may a people be deprived of their ownmeans of subsistence.SDS: Students for a Democratic Society - left student group found-ed in the ’60s.The Update: This is a quarterly publication of the ABCF.WUO: Weather Underground Organization - first the Weathermen,later known as the WUO, evolved out of the SDS as an undergroundformation of primarily white anti-imperialist revolutionaries fromthe student movement.

(The A n a rchist Black Cross Federation (ABCF) produces theR e v o l u t i o n a ry Political Dictionary with these and other expanded def -initions of political terms. Available from Los Angeles ABC for $1 andtwo 39 cents stamps.)

Romaine (Chip) Fitzgerald has beenimprisoned for the past 37 years. He hasthe dubious distinction of being the longestheld political prisoner in the United States.Held since 1969, his trial and convictioncame one year after the frame up ofGeronimo Pratt. Both men were membersof the Los Angeles chapter of the BlackPanther Party, which at the time was undersiege by the Los Angeles PoliceD e p a r t m e n t .

Like Pratt, Chip was accused of a crimethat he did not commit (the killing of secu-rity guard Barge Miller.) Geronimo wasreleased after serving 27 years when itbecame known that the FBI kept informa-tion away from Geronimo's defense attor-neys that proved his innocence; Fitzgeraldhas yet to see the same justice.

It is believed that Chip was set up forthe murder of Barge Miller due to his mem-bership in the Black Panthers and hisinvolvement in a shootout with theCalifornia Highway Patrol (CHP). T h i sshootout left both Chip and one CHP o ff i-cer injured. Later, the CHP o fficer admitted

that the police had orders to shoot membersof the Black Panther Party. Others involvedin the shootout stated that the officer insti-gated the incident and that the Panthersacted in self-defense.

The shooting of Barge Miller took placewhile Chip was recovering from a gunshotwound to his head- just three weeks afterthe CHP incident. Witnesses all verifiedthat Chip was at home still recovering fromhis wounds and never left his apartment.

Chip was convicted for both incidents,receiving a death sentence for the murderof Barge Miller and life for the shootoutwith the CHP. The death sentence was latercommuted to life, so he is currently servingtwo-life sentences- one conviction for anact of self-defense- another conviction fora crime he is innocent of.

In 1998, Chip suffered a massivestroke. Since, he has been denied propermedical care.

He was scheduled to re-appear beforethe California Parole Board on February 1,2007, but we have received new that it hasbeen postponed. No news as to when his

meeting will be rescheduled.In the past, authorities have denied all of

F i t z g e r a l d ’s previous release requests,asserting that he has shown no remorse forhis crime and he remains a danger to socie-t y. In a previous article, Mel Mason,spokesperson for the Fitzgerald Campaign,has responded to their rejections, stating,"Chip has said he is extremely sorry that aperson lost (his) life. He's as remorseful ashe can be because he says he didn’t murderthe guard."

Chip has been a model prisoner with noprison record of any criminal and/or vio-lent acts. In fact, he has been a role model,mentoring young prisoners and helping tod i ffuse violent situations. He is not a threatto society and his presence is desired backamongst his loved ones.

We ask that when the times comes,those reading the ABCF Update will bemoved to act on Chip’s behalf. We hopethat you will do what is needed to see thatChip is able to taste freedom again. It istime for Chip’s freedom. Please support theFreedom for Chip Campaign.

‘Chip’ Fitzgerald Freedom Campaign

11

The wanton abuse of police power is nota mere thing of legend. It's a fact of life inthese United States, and elsewhere.

From the moment any awful act ofpolice misconduct came to light via thenews media, or testimony in the courtroom,an entire police department stood by and letit happen -- and then clammed up aboutwhat had taken place.

Whatever happened in the past is notmerely history. That is to say, injustice oftoday is directly related to injustice of yes-t e r d a y. People who are concerned for fair-ness and the appearance of justice will notbe able to dismantle police corruption andabuse of public trust, if they assert to beneutral while looking the other way.Clearly the challenge is that if you standneutral or deliberately indifferent becauseyou have not personally been the recipientof injustice and abuse in the courts and onthe streets by the sworn enforcers of thel a w, then you have to walk in the footstepsof people, like myself, where and to whomthese things happened.

On August 11, 1981 I was illegallyarrested by political police and accused ofkilling a police officer during an armedbank robbery. False evidence was invented

and used as a ruse against me, calculated toprovide a wrongful conviction and deathsentence, cloaked with improper acts withthe state prosecutorial machinery andresources to give it the appearance of pro-p r i e t y. The credibility of every witness whotestified for the state is in question.

The police made intentional falsereports about when, where and how I wascaptured, among other things, to make thec h a rges against me sound plausible. T h eautopsy report about the cause of death ofthe police officer was falsified in relation tothe ballistic test-firing of the weapons.

Two hand-guns, a .38 and .44, wereplanted by police and presented to the all-white jury as incriminating evidence,which misled and influenced the decisionof the decision making body to which itwas addressed. Prosecutors claimed the .44was the murder weapon. Donald McDuff i eS r., a well known loan-shark, testified hesold me a .44 pistol. The .38 was tracedback to the Gary police department byB . A . T. F. (Bureau of Alcohol, Tobacco andFirearms) agents.

On May 25, 1982 I was sentenced to thepenalty of death. After years of contestingthe bogus charges, the death sentence was

reversed by the Indiana Supreme Court in1993. But after a second trial on the sen-tence only, it was put on me again in 1996.

My case does not involve D.N.A. test-ing. There was a reasonable likelihood thatthe knowing use of admitted perjured testi-m o n y, tainted evidence, and police miscon-duct in both trials, could have affected thejudgment of at least one juror, and the out-come would have been different. The jurytrials were rigged against me.

People of Afrikan ancestry (whom I callNew Afrikans) were systematically exclud-ed from the pool from which my jury wasselected. Rather than monitor and repair ajury selection system that was not workingp r o p e r l y, county officials tried to cover upthe flaws by destroying material evidenceand lying about the problem. Every humanbeing who serves on a jury have the power,and moral responsibility, within a smallspecified group to express, aff i r m a t i v e l y,the true meaning of democracy.

By Zolo Agona A z a n i a # 4 9 6 9Indiana State PrisonP.O. Box 41Michigan City, Indiana

46361-0041 USA

Law Enforcement Injusticeby Zolo Agona Azania, New Afrikan Prisoner of War

Jaan Laaman Marisa from LA ABCF was able to

record an interview she did with Jaan andwe are in the final stages of productions ofthat CD. Members are currently in contactwith AK Press for possible distribution ofthe CD. Proceeds from the interview willgo to assist Jaan’s legal fund.

As part of this project, we are also cur-rently creating a pamphlet of the CD inter-v i e w, which will be out within the nextcouple months. It has been a long timesince the ABCF has produced a pamphletand we are due.

Chip FitzgeraldAs stated in this issue of the Update,

Romaine ‘Chip’ Fitzgerald has a parolehearing coming up. Members from LAABCF have been in contact with Chip andhis support group and will be assisting inpromoting a letter campaign to the paroleboard for Chip’s release. We ask that allmembers of the ABCF promote the FreeChip Fitzgerald Campaign when it begins.We currently have a section of the LAABCF website dedicated to Chip’sFreedom Campaign. You can check out thesite at: abcf.net/la/laabcf.asp?page=lachip1

ABCF Material and WebsiteMembers of LA ABCF are currently

going over the ABCF reading material forproof reading. With the constant changestaking place in various cases- this seems tobe an on going project- but a project thatwe feel someone needs to take on.

We are consistently updating the web-site as well. So please take note- especiallyin regards to PP/POW address changes.

ResearchMembers of the group are constantly

researching political prisoners cases. Weare trying to establish files for all the pris-oners we support, which will include news-paper articles and court documents that willsupport the case for political prisoner sta-tus. While the prisoners we support clearlyfall within the definition of the internation-al community, it can only help to have theinformation available that proves theirl e g i t i m a c y.

We are also researching prisoners thatother groups have presented as politicalprisoners. Some of those individuals wehave confirmed their status and have orwill present them to the Federation for avote; others we have found insufficient evi-

dence for political prisoner status and canpresent evidence as to why, we, as ano rganization do not consider these peoplepolitical prisoners. There are still manycases that either we have found little evi-dence on or fall within that grey area on thedefinition of political prisoner. In eithercase, we feel this work in much needed andwill become useful at some point. If thereare any individuals chapters wish for us toresearch please let us know.

New Political PrisonersThe ABCF has recently reviewed and

approved a few cases brought forward byL A A B C F. We have written thosePP/POWs requesting permission to addthem to our list. As a continued policy, wenever add a PP/POW to our lists unlessgiven permission by the prisoner directly.

H o w e v e r, we are proud to announce thattwo individuals have returned letters to usindicating that they wish to work with theA B C F. New Afrikan POW, Zolo A z a n i aand accused Japanese Red Army member,Tsutomo Shirosaki have responded to ourrequests and have been added to our list.We ask that members of the ABCF contactthese two PP/POWs and begin support.

Los Angeles ABC’s Update Report

12

JAN FEB MAR APR MAY JUN JUL AUG SEPT OCT NOV DECPHILLY 0 0 0 0 15 0 0 0 0 0 0 0NJ/HAYES 0 0 10 0 10 10 0 0 0 0 0 0LA 0 0 100 0 0 0 0 0 0 100 0 0RYAN/ALSKA 0 0 0 0 0 10 10 10 10 10 10 10JIM M/PHILLY 0 0 0 0 0 0 0 15 0 10 0 10EZE/NJ 0 0 0 0 0 0 0 50 0 0 50 0JAX 0 0 0 0 0 0 0 0 0 0 0 20TOTAL 0 0 110 0 25 20 10 75 10 120 60 40

The Anarchist Subsistence Program seeksto provide material aid to those PP/POWswho come from our own anarchist/anti-authoritarian community.

As with the Warchest, this program isdesigned to aid PP/POWs who receive littlefinancial aid. However, it is unique becauseit exclusively assists those from the anar-chist/anti-authoritarian community.

Over the last few years there has been anincrease of anarchist/anti-authoritarianPP/POWs. Most of these new prisoners havesupport committees who raise awarenessand funds on their behalf. Long held anar-chist/anti-authoritarian PP/POWs have hadtheir support overshadowed by these newcases. This program is designed to ensurethat support for them remains consistent.

The two functions of this support cam-paign include a monthly financial assistance

and forty 39¢ postage stamps per month.Supporters of the Anarchist SubsistenceProgram send whatever funds they can toPhiladelphia ABC (who facilitates the pro-gram) who in turn distributes the fundsamong anarchist political prisoners who par-ticipate in the program. All U.S. supportersalso take turns sending the stamps directlyto Philadelphia A B C .

Listed here are the monthly check docu-mentation and rotation of groups sendingstamps. If you want to support this impor-tant program and help us expand the numberof Anarchist Subsistence Program cam-paigns we run, contact Philadelphia A B C .Make checks or money orders out only to:TIM FA S N A C H T. Funds should be sent inthe last week of the month before the monththe funds will be used (i.e., send Marchfunds in the 3rd week of February).

The Anarchist Subsistence ProgramStampSchedule

January- Philadelphia

February- Los Angeles

March- Philadelphia

April- Los Angeles

Send a check or money order toPhiladelphia ABCF made out to

Tim Fasnacht for forty 39¢stamps in the last week of themonth before the month you

are responsible for.

Philadelphia ABCFP.O Box 42129

Philadelphia, PA 19101

It's been a busy year for Montreal A B C F, and this is a goodchance for us to reflect on where we've been and where we'reheaded.

We're entering our fourth year of work on 4strugglemag, ourzine of writings and art by and for political prisoners and theirsupporters, and edited by Ohio 7 PP Jaan Laaman. The Fall 2006issue features analysis of nuclear tension in North Korea, thestruggle in Palestine, hip-hop and the younger generation of polit-ically conscious prisoners, and much more – with original contri-butions from Mumia Abu-Jamal, Bill Dunne, Russell MaroonShoats and others. Check it out online at www. 4 s t r u g g l e m a g . o rg.

This year, along with several other activists in Montreal, wealso took over the production of the 2007 Certain Days: Freedomfor Political Prisoners Calendar.

This year's calendar is focused on the theme of immigration,and features work by many political prisoners and activists,including cover artist Tom Manning, David Gilbert, Herman Bell,Alvaro Hernandez, Mumia Abu-Jamal, Jeffrey "Free" Luers, theMOVE 9, the Cuban 5, Gord Hill, GoreB, Just Seeds, and more.

As always, the calendar is a fundraiser. This year's proceedswill benefit the New York State Task Force on Political Prisoners,No One Is Illegal-Kingston, and A d d a m e e r, a Palestinian solidar-ity group.

Help support this important project! Order copies atw w w. c e r t a i n d a y s . o rg (special bulk and prisoner rates are avail-a b l e) ,

Montreal ABC’s Update

ORDER YOUR COPY NOW! $15/$9 for prisonersCertain Days c/o QPIRG Concordia

1455 de Maisonneuve Blvd. O.Montreal, QC H3G 1M8 CANADA

13

Sekou Odinga05228-054/ Box 8500

Florence, CO 81226-8500Receives $30 per month

Ruchell Cinque Magee #A92051 / 3B-05-103

Box 3466Corcoran, CA 93212

Receives $30 per month

Herman Bell79C0262 / Box 116

Fallsburg, NY 12733Sullivan Corr. Facility

Receives $30 per month

Ricardo Jimenez # 88967-024

PO Box 1000 A-2Lewisburg PA 17837

Received $30 per month

Richard Williams FALLEN COMRADEDied in Incarceration

Nov 4, 1947- Dec 7, 2005Received $30 per month

Dylcia Pagan# 88971-024

5701 8th St., Camp Parks Dublin CA 94568

Received $60 per month

Veronza Bowers35316-136 / Box 1032

Coleman, FL 33521FCI Coleman

Received Emergency Funds

Alvaro Luna Hernandez255735/ Hughes Unit

Rt. 2, Box 4400Gatesville, TX 76597

Receives $30 per month

Edwin Cortes92153-024nBox 1000Lewisburg, PA 17837

Received Emergency Funds

Adolfo Matos 88968-024

3701 Klein BlvdLompoc, CA 93436

Received Emergency Funds

Oscar Lopez Rivera87651-024 / Box 33

Terre Haute, IN 47808 Received Emergency Funds

Jihad Abdul Mumit323749-138Box 1000

Lewisburg, PA 17837Received Emergency Funds

Ojore Lutalo59860 / PO 861

SBI# 0000901548Trenton, NJ 08625

Received Emergency Funds

Jalil Muntaqim (Bottom) 77A4283

Box 618 135 State St. Auburn, NY 13024

Received Emergency Funds

Sundiata Acoli (Squire)39794-066 / Box 3000White Deer, PA 17887

USP Allenwood Received Emergency Funds

Carmen Valentin # 88973-024

5701 - 8th. St. Camp ParksDublin CA 94568

Received Emergency Funds

Jaan LaamanW41514 / Box 100

South Walpole, MA 02071Received Emergency Funds

Thomas Manning10373-016 /Box 2000

USP HazeltonBruceton Mills , WV 26525Received Emergency Funds

Hanif Shabazz Bey295933 / Box 759

Wallensridge SupermaxBig Stone Gap, VA 24219Receives $30 per month

W.J. “Wolverine” IgnaceRRAC Matsqui / Box 400

Abtsfrd., BC V2S 5X8 Canada

$30 every 3rd month

James OJ PitawanakwatMission Inst. / Box 60Mission BC V2V 4L8

Canada$30 every 3rd month

Russel Maroon Shoats AF-3855

175 Proggress Dr.Waynesburg, PA 15370 Receives $30 per month

Sekou Kambui 113058 / Box 56 SCC

(B1-21)Elmore, AL 36025-0056Receives $30 per month

Joseph BowenAM-4272/ 1 Kelley Drive

Coal Township, Pa17866-1021

Receives $30 per month

Send cash,checks or mosmade to TIM FASNACHT to:

Philly ABCFP.O Box 42129

Philadelphia, PA 19101timABCF@aol.com

toll free (877) 673-2658

Name: Ph:Street Address:City/State/Zip:

ONE TIME DONATION MONTHLY SUPPORTERMonthly supporters, please check one of the following:I’ll commit to 6 months I’ll commit to 1 year Amount:$

“Thanks much for the support you’ve beenorganizing. I really appreciate it. After nothaving any or very little support for solong, it now seems like people have all of asudden realized that I am alive.” ~ Sekou Odinga (New Afrikan Prisoner of War)

14

WARCHEST REPORT 2006

REMAINING: $2441.94

(*Funds unaccounted for due to unreported funds from Jacksonville ABCF)

SUPPORT THE ABCF WARCHESTThe ABCF has initiated a program designed to send monthly checks toPP/POWs who have been receiving insufficient, little, or no financial supportduring their imprisonment. PP/POWs requesting funds complete an applicationof financial questions. When the ABCF has collected sufficient funds to sendout another monthly check, the applications are reviewed by a rotating body ofPP/POWs called the Prisoner Committee, who make a judgement on whichapplicant is in the most financial need. There is also an emergency funddesigned to immediately send checks to those PP/POWs in need of one-timeor emergency assistance. Founded in 1994, the Warchest has provided consistent and reliable financial aid, serving a much- neglected comrade-ly function. Since its inception, the ABCF has raised over $46,000 with just this one program. All funds raised godirectly to the political prisoners, for which the program is designed. Despite our success, our comrades are still indire need of funds. Endorse this program by giving a monthly or one-time donation to increase the number of prison-ers being supported monthly. A financial report is published that documents all money received and the prisoner it wassent to. The prisoners’ addresses are also printed so that endorsers may write and hold us accountable.

Send cash,checks or mos made to TIM FASNACHT to:Philly ABCF • P.O Box 42129 • Philadelphia, PA 19101 • timABCF@aol.com

FUNDS IN JAN FEB MAR APR MAY JUN JUL AUG SEPT OCT NOV DECLA ABCF 0 0 200 0 0 0 625 0 0 0 100 900MTL ABCF 0 0 0 0 0 0 37.89 0 0 0 41.38 0PHL ABCF 55 55 0 40 25 0 0 25 0 0 0 0JAX ABCF 120 0 0 0 0 0 0 0 0 0 50 0NJ ABCF 20 20 20 20 0 0 0 0 0 0 0 0CHRIS/NJ 0 0 0 0 20 20 0 0 0 0 0 0EZE/NJ 0 0 0 0 0 0 50 100 0 0 100 0RYAN/ALSKA 0 0 0 0 0 25 25 25 25 25 25 25PROPAGANDI 113 0 0 0 0 0 0 0 0 0 300 0SMF 41 0 0 0 0 0 0 0 0 0 0 0ANON 0 0 0 120 0 0 0 0 0 0 0 0JIM/PHILLY 0 0 0 0 0 0 0 0 0 10 0 0TOTAL 349 75 220 180 45 45 737.89 15 25 35 616.38 925

FUNDS OUT JAN FEB MAR APR MAY JUN JUL AUG SEPT OCT NOV DECSEKOU KAMBUI 30 30 30 30 30 30 30 30 30 30 30 30RUSSELL SHOATZ 30 30 30 30 30 30 30 30 30 30 30 30JOSEPH BOWEN 30 30 30 30 30 30 30 30 30 30 30 30HANIFF BEY 30 30 30 30 30 30 30 30 30 30 30 30HERMAN BELL 30 30 30 30 30 30 30 30 30 30 30 30SEKOU ODINGA 30 30 30 30 30 30 30 30 30 30 30 30RUCHELL MAGEE 30 30 30 30 30 30 30 30 30 30 30 30ALVARO HERNANDEZ 30 30 30 30 30 30 30 30 30 30 30 30TOTAL 240 240 240 240 240 240 240 240 240 240 240 240

FUNDS IN1994 3511995 38601996 41431997 35441998 76431999 58142000 35142001 52902002 28732003 17852004 UNACC*2005 44392006 3268

TOTAL 46524

FUNDS OUT1994 1201995 27961996 43081997 45881998 64121999 51912000 45442001 46372002 43202003 13002004 UNACC*2005 26202006 2880

TOTAL 43716

“Your ABCF Guide to PP/POW Support is great, PERIOD!” - New Afrikan POW Sundiata Acoli

“You can see many of our concerns addressed in this pam -phlet.” - former Puerto Rican POW Carmen Valentin

“It is extremely well thought out and put together.”- Anti-Imperialist PP Tom Manning

W h a t ’s the ABC? What’s the ABCF? Who are Political Prisoners? Whoa re Prisoners of War? Where are they? Why make a criteria? What doyou mean by ‘documentation’ and how do I get it? What kinds of sup -p o rt do Political Prisoners need? How should I go about my work?What can PP/POWs get in prison? What do I need to know if I want -ed to visit? Can I bring them food packages? What about clothes?What do you mean by ‘principled support’? How do I get involved?

This is a practical guide compiled by Political Prisoners andPrisoners of War themselves, based on concrete history and workexperience. It will help answer all of the above questions and more.The ABCF guide to PP/POW includes definitions that were demo-cratically agreed upon at an international tribunal, specific proce-dures for obtaining documentation on PP/POW’s, information onvisiting, phone contact, food/clothing packages, and the workingpolicies of the ABCF in our work to support PP/POW’s. Send $1and two stamps to:

A B C F - L A • PO Box 11223 • W h i t t i e r, CA • 90603

LA-ABCFBranch GroupPO Box 11223Whittier, CA 90603

“This work is not done for glory, but because we believe in mutual aid.”