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Everyone is out on bail except for political prisoners Jalil Muntaqim and Herman Bell, two of the NY3. The third member, Albert Nuh Washington, died in prison.

April 29, 2008: Herman Bell and Jalil Muntaqim
May Return to NY for Parole Hearings

San Francisco 8 Judge Philip Moscone agreed to sign an order later this week allowing Herman Bell and Jalil Muntaqim to return to New York State for their parole hearings. Both Herman and Jalil waived their rights to be present at conditional examinations of 5 witnesses as well as agreed to not resist extradition back to California once they have made their appearances in their NY State Parole hearings. The prosecution made no objections to their move once these legal conditions were met. The arrangements and the NY State responsibility have yet to be set.

Judge Moscone had earlier ruled that conditional examinations could take place and be scheduled of prosecution witnesses that are either old or in poor health in advance of a preliminary hearing or trial. He also ruled that these examinations must meet the standards of trial, meaning that additional discovery be turned over to the defense that would allow thorough cross-examination of these witnesses. He did not, however, order the San Francisco police to provide specific areas of discovery, stating that these matters were up to the prosecution to obtain and turn over. Many items, reports and files, as well as physical evidence, remain missing in this 36-year-old case.

The Judge has yet to rule on defense requests to obtain information about the witnesses to be examined that would allow thorough investigation about their histories, competence and reliability. That ruling will be made in written form in the near future.

The prosecution is asking that two witness examinations take place “in camera” (not in open court) because of witness fears of personal danger. These requests appear to serve the function of instilling prejudice—implying that the defendants and their supporters represent some threat to these police witnesses. This is clearly designed to perpetuate the political goals of this prosecution and has no basis in fact. Judge Moscone will rule on this request in writing.

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.

Committee for the Defense of Human Rights
P.O. Box 90221 Pasadena, CA 91109 (415) 226-1120
E-mail: freethesf8 [at] riseup [dot] net

Joint Statement from the San Francisco 8 just received by mail on May 19, 2007. Click here to read the statement.