

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.
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.
Committee for the Defense of Human Rights
P.O. Box 90221 Pasadena, CA 91109 (415) 226-1120
E-mail: freethesf8 [at] riseup [dot]
net
Message from Cheryl Kates,
Jalil's Parole Appeal Lawyer
Bail Hearings will be held on June 18, 2007. Legally the constitutional rights of the San Francisco 8 are being violated. They are technically pre-trial detainees, which means they are being held for prosecution purposes only and are supposed to be innocent until proven guilty. The jail is not allowed to impose punishment as if they were already deemed guilty.
The atmosphere is very bad and they are being treated as if they are very dangerous. They are shackled whenever they are allowed to leave their cells. It has been reported the current state of the detainees is that they are being held in administrative segregation 23 hours a day.
They are being let out of their cells only one hour a day unless they have legal or normal visits which are only allowed on the weekend for a short period of 20-30 minutes. The visits are held behind glass. I am planning to travel to visit the week of August 17-24 and will provide an update then.
The State of NY is currently trying to have Jalil's Article
78 regarding his parole denial appeal dismissed due to the fact he is in
California. I have argued against this measure and we are waiting for a decision.
- Cheryl L. Kates Esq.