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It must be noted the S.F. felony complaint as written is subject to many defense challenges. As a result of several pre-trial motion hearings, the substance of the S.F. felony complaint has been found to be inconsistent with the allegations proclaimed in the original extradition warrant. For instance, the prosecution now concedes there are no DNA matches to any of the defendants; the prosecution does not have the alleged murder weapon (the shotgun has been lost); latent fingerprint examination on a cigarette lighter found at the scene has proved inconclusive, with 4 previous exams (2 by the FBI and 2 by S.F. forensic experts) not matching any of the defendants. However, DNA and another latent print not belonging to any of the defendants were found on the cigarette lighter. The offenses charged in the S.F. felony complaint allegedly happened on August 29, 1971, but Anthony Bottom was arrested and in S.F. city jail on August 28, 1971, and therefore not a direct participant in the alleged crime. As of this submission 6 of the 8 defendants named in the S.F. felony complaint have been released on bail.

It should also be noted that the charge of conspiracy has been dropped against 5 of the defendants, one of whom was only charged with conspiracy, and he has been dismissed from the entire case. Given the fact that six of the eight defendants named in the S.F. felony complaint have been released on bail, Mr. Anthony Bottom has a liberty interest in having his NYS sentence commuted to time served and/or parole to the warrant.

Then, on July 6, 2009, on the day the preliminary hearing was to begin, the California prosecutor offered a plea agreement of no contest to conspiracy to commit voluntary manslaughter, sentence to 3 years probation, 1 year of jail time credited for time served, the entire sentence to run concurrent with the New York State sentence. It was further offered that if Mr. Bottom accepted the plea agreement, four other defendants would be dismissed from the case for insufficient evidence. After 27 months of solitary confinement on 23 hour lockdown in San Francisco County Jail, Mr. Bottom, with no admission of guilt, pled no contest.

NYS Institutional Involvement

As reported at Mr. Bottom's previous application for parole, the highlights of his achievements while incarcerated include:

Parole Release Plans

In the event that Anthony Bottom's Application for Clemency/Commutation of Sentence is approved, and he is released on bail pending the resolution of present charges, he would live in either Syracuse, New York or Austell, Georgia . In Syracuse, he would apply for the Master's program at Maxwell School Syracuse University, to obtain a degree in Public Administration and a certificate in Health Services Management. In Austell, Georgia, he has an offer of employment in the construction field and a home that is to be provided by his mother.

Anthony Bottom has a 36-year-old daughter, two grandchildren and one great grandchild. Over the decades of imprisonment, he has maintained a strong family relationship, although they reside in California and Georgia. Throughout his years of imprisonment, there have been continuous family visits when they were able, including family trailer visits. As an example, in the November 2000, issue of Essence Magazine, Anthony Bottom, his daughter and granddaughter were featured in an article titled "Daddy Says," discussing father and daughter relationships. Mr. Bottom will continue to be involved in community service, particularly in regards to AIDS education. He once initiated a campaign to provide school supplies to AIDS orphans in Africa.

Conclusion

It should be noted that since his last parole appearance Mr. Bottom has obtained certificates of appreciation in the field of drafting. He hopes to use this training in construction work. In addition, he has participated in the aggression resolution-training program (ART); complementing the certificates he already received in aggression management, substance abuse and behavior therapeutics. It should also be noted that Mr. Bottom has not received any serious misbehavior reports since his last parole board appearance. It is my sincere hope that you will see past the political ramifications in this case, as Mr. Bottom is deserving of commutation of sentence to time served and/or parole to the warrant.

In my opinion, the time is now to correct the wrongs that have been done to Anthony Bottom by the administration of this government as a result of COINTELPRO activities. Although convicted at trial, he has been robbed of his life solely because of his political beliefs and his involvement in the Black Panther Party.

Mr. Bottom has maintained his innocence for decades throughout his incarceration, but has accepted the circumstances and participated in the rehabilitation that was provided him by the NYS Department of Corrections. He has exceeded the guidelines depicted in NYS Executive Law for parole release considerations. Mr. Bottom has been an asset and role model to many of the inmates. He has worked extensively throughout his incarceration to improve himself, to establish a peaceful environment in his otherwise chaotic environment, and to assist others in their rehabilitation. Mr. Bottom deserves his freedom and a chance to be an asset to his community from outside the walls of prisons.

Sincerely,

in behalf of Anthony Bottom, 77A4283

To download Jalil's Commutation Letter, click here!

To read about Jalil's 2006 parole appeal, click here!