Zolo Agona Azania: A Call to Action

01/11/10

TO: Sisters, Brothers, Comrades, Friends & Supporters

FROM: Zolo Agona Azania #4969; Indiana State Prison One Park Row Street; Michigan City, IN 46360-6597

RE: False Media Reports

On August 11, 1981, I was illegally arrested by political police and accused of killing a police officer during an armed bank robbery. False evidence was invented and used as a ruse against me, calculated to provide a wrongful conviction and death sentence, cloaked with improper acts with the state prosecutorial machinery and resources to give it the appearance of propriety.

Two jury trials were rigged against me in which the township with the overwhelmingly highest percentage of eligible Afrikan-Amerikan jurors was improperly excluded for over 15 years.

On October 17, 2009, on the eve of my third death penalty trial, the State of Indiana finally abandoned its 27-year campaign to murder me. Under the terms of the agreement, I did not plead guilty to any charges. I still maintain my innocence and am able to challenge the conviction and sentences in United States federal courts.

The Northwest Indiana news media has targetted me for personal attack. For example, a recent Porter County Post-Tribune front page article, "The high price of a ...death-penalty defense," dated November 8, 2009, is replete with false, malicious information.

The newspaper said I "pleaded guilty to lesser charges." I did not agree to any deal to avoid execution. State prosecutors were caught withholding favorable evidence from my defense again.

Two handguns, a .38 and a .44 caliber revolver, were planted by police and presented to the jury as incriminating evidence, which misled and influenced the decision of the decisionmaking body to which it was addressed. The prosecutors claimed the .44 was the murder weapon. Donald McDuffie Sr., a well known loan-shark, had testified he sold a .44 pistol to me. The .38 was traced back to the Gary police department by Bureau of Alcohol, Tobacco, and Firearms (B.A.T.F.) agents.

The newspaper story is an apparent smear campaign aimed at me. They're only interested in raising the circulation of their newspaper for profit, not for truth. The State of Indiana abandoned their meanspirited expedition for a third death penalty trial. Why? Because they thought we would win this time with my superb defense team.

Even though I am no longer on death row, my resolve to be totally free of the enemy clutches has not diminished. I am fighting forward for dignity and to clear my name. I need your continued support to get my story out to the public and reach the largest audience possible. Hold the misleading media accountable. Demand that the media report fair and accurate news and information. I want the world to know what is happening to me and against me by the agents of repression.

Please contact the newsmedia at the addresses below. The media needs to know about your critical concerns and that you're still watching this case.

Post-Tribune Newspaper
c/o Publisher-Editor
1433 East 83rd Avenue
Merrillville, Indiana 46410
Tel.: (219) 648-3241 or (800) 753-5533, Ext. 3241
E-mail: dhayes@post-trib.com

Indianapolis Star
c/o Publisher-Editor
307 North Pennsylvania Avenue
P.O. Box 145
Indianapolis, Indiana 46206-0145
Tel.: (317) 444-6177
E-mail: stareditor@starnews.com

I want to thank all of you for this and past courtesies. It make really does a big, positive difference when we all get involved and work together. Happy New Year and for many more to come! Keep hope alive! There is victory for us!

In struggle & solidarity,

Zolo Agona Azania #4969
Indiana State Prison
P.O. Box 41
Michigan City, Indiana 46361-0041

THE COURTROOM IS A BATTLEFIELD

“Until lions write books, history will always glorify the hunter.”—South African Proverb

The recent media coverage concerning the particular terms of the sentencing agreement that i entered into with representatives of the State may leave some people wondering what all of that meant? i am sometimes hard on people who, in my estimation, have played themselves cheap. i loathe ignorance and i do not accept stupidity. For those of you who care, i feel that a clear explanation is due.

i’ve been complaining inceasingly that the State had illegally changed the theory or theories of the prosecution and the elements of, or ultimate facts necessary to prove the offense as originally stated in August 1981. i was advised by one of my defense attorneys that this issue was frivolous. Five (5) days before my third judge and jury sentencing trial was scheduled to begin on October 20th, 2008, the trial court judge said that he was going to deny my previously filed motion to dismiss death penalty based on improper amendment to original information.

i objected to the fact that my motion to dismiss death penalty was being subverted. For example, the death penalty proceedings initiated against me were a clear nullity because the illegal amendment of the facts and elements of the State’s burden of proof substantially disadvantaged me because it increased my punishment, in gross violation of double jeopardy. Indiana Code Section 35-3.1-1-5(e)(Burns 1979) (Repealed in 1982), leaves no discretion in the trial judge in such matters.

Murder and felony-murder constitute the same offense, and one may not be twice punished for a single homicide.** Without the death penalty on the table, i was initially facing a term between 30-to-60 years, to be served concurrently (together at the same time). After the judge revealed his intentions to deny my motion, the State offered to settle the case and dismiss their death penalty request if i agree to allow them to amend the charges. i felt pressured and coerced to sign the stipulated sentencing agreement because the Indiana Supreme Court forced me into this untenable position when they took back my dismissal of the case for fast and speedy trial violation handed up by Judge Steve David.

Therefore, i agreed to accept a sixty (60) year sentence for intentional murder in Count I. Then i agreed to accept a sentence of fourteen (14) years on the reduced (amended) charge of Robbery, a Class B Felony, in Count II. Both terms will be served consecutively (one after the other), for a total of 74 years.

i did not paint myself in a corner, however, because this agreement does not prevent me from raising any issue in federal court. The main point that i’m trying to highlight is this: Only when it served the ulterior interests of the State did they finally acknowledge that the charges could not have been legally amended without my explicit agreement. i also waived the right to appeal either directly or by filing a Petition for Post-Conviction Relief (PCR) in State Court.

This written agreement is not governed by criminal law on appeal because it was not a judicial determination. i did not plead to anything. i still maintain my innocence. This signed agreement is a binding contract between myself and the State. It is governed by contract law. All of my federal habeas corpus rights are preserved.

The struggle continues even after we have won!

Vita Wa-Watu!
Zolo Agona Azania #4969

**There is no such charge in the State of Indiana as felony-murder. This is only legal slang used by judges, prosecutors and defense attorneys to abbreviate a charge when a murder was committed along with another felony.

STIPULATED SENTENCING AGREEMENT

Comes now the State of Indiana, BERNARD A. CARTER, Prosecuting Attorney for the 31st Judicial Circuit, by his Deputy Prosecuting Attorney, Robert J. Neumaier and Kathleen M. O'Halloran, and comes now the defendant, ZOLO AGONA AZAN IA, in person and by his attorneys, Jessie A. Cook, Michael E. Deutsch and John L. Stainthorp, and stipulate and agree to the following:

1. The defendant, ZOLO AGONA AZAN IA, is currently under conviction under Cause #02D04-8109-CF-401, for Count I Murder and Count II Felony Murder. And that defendant, ZOLO AGONA AZANIA is currently charged under Cause #02D04-8109-CF-401, with Count III Death Sentence and Count IV Death Sentence.
   
2. The defendant has been informed by his attorneys as to the nature and cause of every accusation against the defendant, and that the attorneys for the defendant have consulted and advised the defendant with regard to such matters and as to any possible defenses and mitigation which the defendant might have in this case.
   
3. The defendant understands that he is entitled to have all of his rights which may be involved in this matter explained to him.
   
4. That the defendant understands that under the Constitution of the United States and the Constitution of the State of Indiana that he is guaranteed the following rights:

   A. The right to a speedy and public trial by an impartial jury;
   B. The right to be heard by himself and counsel;

   C. The right to demand the nature and cause of the accusations against him and to have a copy thereof;
   D. The right to confront and cross-examine all witnesses against him at time of trial;

   E. The right to use the power and process of the Court to compel the production of any evidence, including attendance of any witnesses in his favor at trial;
   F. The right to require the State to prove his guilt beyond a reasonable doubt at a trial on Counts III and IV only at which the defendant may not be compelled to testify against himself;

   G. The right to the assistance of counsel at every stage of the proceedings, including upon an appeal if need be;
   H. The right not to testify without prejudice; and

   I. That in the event that his trial would result in a recommendation of death that he would have the right to appeal that sentence to the Indiana Supreme Court.
   

5. The defendant further understands that if he enters into this sentencing agreement, he hereby waives his right to a trial by jury, to confront and cross-examine the witnesses, the right to require the State to prove the aggravators alleged in Counts III and iv, or any other fact to be proven beyond a reasonable doubt under Blakelv v. Washington , 542 U.S. 296, 301 (2004), and the right not to testify without prejudice.
   
6. That notwithstanding the above, the defendant has, with the assistance of counsel, entered into an Agreement with the State of Indiana, the terms of which are as follows:

   a. The parties agree that the defendant will be sentenced to sixty (60) years in the Department of Correction in Count I Murder in Cause #02D04-8109-CF-401;
   b. The parties further agree that the defendant will be sentenced to a term of fourteen (14) years in the Department of Correction on the factually included lesser offense of Robbery, a Class B Felony, in Count II Cause #02D04-8109-CF-401;
   c. The parties agree that the terms in Count I and Count II will be served consecutively;
   d. Upon the defendant's sentencing on Count I and Count lIthe State will move to dismiss Count Ill Death Sentence and Count IV Death Sentence, in Cause #02004-8109-CF-401;
   e. The parties agree to waive a pre-sentence investigation report and to proceed with sentencing instanter;
   f. The family of Lt. George Yaros, has been informed of this agreement and its contents.
   
   7. That the defendant affirms that he has entered into this Agreement freely and voluntarily and of his own accord, and that no promises have been made other than those contained herein.