Dec. 18, 2008 Court Update

A brief hearing in the San Francisco 8 case Wednesday morning (12/18/08) revealed that there is still no resolution to defense demands for complete discovery, not that anything new has been produced by the prosecution after over 37 years. Now that we are approaching the 2-year anniversary of the "new" charges (charges that were dismissed in the 1970s by San Francisco prosecutors), the prosecutors are still reluctant to turn over "non-discoverable" evidence, information about FBI wiretaps, contact information for potential key witnesses, forensic tests about weapons (some weapons were destroyed or sold by New Orleans police), and the names of agents and examiners whose fingerprint analysis exonerates all the men charged in the SF 8 case.

To listen to the prosecution explain it, evidence is not being withheld with intent. Yet some of these very requests for information (discovery) were raised in court in 2007 and have still not been met. Perhaps appropriately, these remaining issues of disclosure and turning over of evidence will be heard (and resolved?) on January 23rd, 2009 at 1:30, the exact 2-year anniversary marking the arrests in this case.

Despite understandable objections over delays by both Herman Bell and Jalil Muntaqim, the main "in-custody" defendants, the preliminary hearing in the San Francisco 8 case has now been set: June 8th to September 3rd, 2009. Both Herman and Jalil are essentially locked down in the SF County Jail, and continue to have their rights to parole hearings in New York state denied.

Nov. 6, 2008 Court Report

At the November 6 court hearing in the SF 8 case, there were two items of business:

Resolution of both items was put off until November 24.

Setting a date for the Preliminary Hearing

January will mark two years since the arrest of the San Francisco 8 and the hearing to determine whether or not there is a basis for a trial is yet to take place. Prosecution maneuvering regarding the tens of thousands of pages of discovery as well as scheduling conflicts of over a dozen attorneys continue to present a logistical quagmire.

As lawyers opened by presenting their respective schedules, filled with major trials in the next several months, Judge Moscone interrupted to state that he would not listen to scheduling problems and that he proposed starting the Preliminary Hearing on January 5 regardless of conflicts. He said he wanted to conclude this case “while I'm still here.”

However, the prosecution acknowledged that just this week they had given the defense some three thousand pages of new discovery material and added that they have another two thousand or more pages to prepare before disclosing. The judge allowed as to how he had to give the defense time to read the alleged “evidence” against their clients. 

Under pressure from the judge, the Attorney General's office agreed to deliver the remaining discovery materials to the defense by next week. In turn, the defense attorneys agreed to look it over quickly to determine how much time might be needed to fully study it. A follow-up hearing was set for November 24 to make sure that everything has finally been turned over and to set a date for the Preliminary Hearing.

Shackling

Herman Bell and Jalil Muntaqim (aka Anthony Bottom) appeared in court in chains again, bringing the issue of shackling back to this hearing. At the previous hearing, Judge Moscone had ordered the shackles removed, but the Sheriff's Department made an appearance at this hearing to argue that his order did not apply to pre-trial hearings, only to appearances before a jury or witnesses. Judge Moscone restated his order, and indicated that if the Sheriff's Department wanted to dispute his order, they would have to file a motion to be heard, and not just take independent action. This issue also will be revisited on November 24. 

Next court date

November 24 at 9:30 in Judge Philip Moscone's courtroom, 850 Bryant Street at 7th Street.

September 8, 2008 Court Update

All of the SF8 brothers were in court today. A sizeable crowd of supporters was on hand despite the brief nature of the hearing.

Herman Bell and Jalil Muntaqim were once again in handcuffs and waist chains. Their attorneys objected to this "technicality" because the previous agreement with the SF County Sheriff was that they would not be shackled in court for motions or preliminary exams. Today's hearing was brief and only intended to set another court date. It is anticipated that the shackling issue will get resolved before the next hearing. All of the defendants and their attorneys met together as a group for the first time in many weeks.

It was re-stated in court that the prosecutors have no objection to Herman and Jalil being transferred to New York State for their parole hearings. California attorneys will be working with lawyers in New York to try to expedite the signing of the amended Executive Agreements which remain in the governors' offices of both states.

Herman and Jalil have a liberty interest in returning to New York. If these brothers were granted parole, then it is likely that they would also be granted bail in the SF8 case. All other brothers in the SF8 case are out on bail despite the severity of the charges. The delaying tactics to prevent Herman and Jalil from returning to New York to attend their parole hearings infringes upon the brothers' right to liberty.

If parole hearings await the resolution of the SF8 charges, it could be another year or two before Herman and Jalil are given hearings.

Please contact the Governors of New York and California by phone, letter or email:

Urge them to sign the amended Executive Agreements which will allow Herman Bell and Jalil Muntaqim (Anthony Bottom) to return to New York State to attend their rightful parole hearings.

The next hearing is scheduled for Tuesday, November 4th and is expected to clarify a schedule for the preliminary hearing.

To read more about the San Francisco 8, click here!