[Freethe SF8] Torture and the SF 8

[SF-8 case]

TORTURE & THE SAN FRANCISCO 8

By Kiilu Nyasha
October 22, 2007

“No one shall be subjected to torture or to 
cruel, inhuman or degrading treatment or punishment.”
­The Universal Declaration of Human Rights, Article 5 (1948)

It’s clear to everyone paying attention these 
days that the U.S. Government sanctions the use 
of torture, despite continued denials made by 
President Bush, like, “We do not torture.”

The evidence is overwhelming both here in U.S. 
prisons and rendition abroad at so-called Black 
Sites (secret prisons) that captured individuals 
are severely tortured.  Of course the word 
torture is never used.  Instead, tortures such as 
waterboarding, stress positions, and other 
brutalities, humiliations are said to be 
“enhanced interrogation techniques.”

In fact, the Department of Justice 
<http://www.nytimes.com/2007/10/04/washington/04interrogate.html>authorized 
the use of extreme interrogation techniques not 
only in 2002 and 2003, but twice more in 2005. 
And the infamous “torture memo” written by White 
House legal counsel, John Yoo, stated that no 
interrogation tactics were illegal unless they 
produced pain equivalent to organ failure or 
“even death.”   Another memo produced at the same 
time detailed how such practices would be applied, how often and how long.

I’m quite sure, however, that it doesn’t take DOJ 
authorization for the CIA, FBI, and local police 
to feel confident that they’ll suffer no 
consequences for their torture of prisoners 
deemed terrorists or enemy combatants, labels applied to freedom fighters.

The exception, of course, was the court martial 
of low-ranking U.S. military guards for the most 
egregious, abhorrent tortures at Abu-Graib prison 
in Iraq – once there was an international outcry 
following  widespread dissemination of explicit 
photographs.  Yet no one in position of authority was prosecuted.

Who raised any hell about the brutal torture and 
interrogation of three Black Panthers in New 
Orleans in 1973, namely:  John Bowman, Harold 
Taylor, and Ruben Scott?  Scott is a broken man; 
JB suffered pain and injury until his premature 
death in 2006; and Harold Taylor continues to 
suffer from physical pain, PTSD, and nightmares 
to this day.  Has anyone been held accountable or 
suffered any consequences for their torture and injuries?

Hell no!  In fact, the two San Francisco 
detectives, McCoy and Erdelatz, who conducted the 
interrogations and subjected these brothers to 
the vicious brutal tortures in New Orleans have 
since become Federal agents authorized to arrest 
and charge these elders all over again.  In 
1973,they tortured them into signing confessions 
of guilt (which they all later recanted) in the 
now 36-year-old case of the shooting of police 
officer, Sgt. John Young at the Ingleside Station 
in San Francisco, August 28, 1971.

On October 10, before a packed courtroom, Judge 
Philip Moscone denied Harold Taylor’s motion for 
collateral estoppel presented by his attorney, 
Randy Montesano.  That’s a legal term that asks 
the court to honor prior decisions by judges on 
the same issue.  In this case, two courts had 
refused to admit confessions rendered under 
torture.  In fact, a San Francisco judge threw 
these same charges out in 1975. Att. Montesano 
noted what a waste of  resources it is to do it 
all over again, forcing Taylor, still suffering 
the ill effects of the torture, to “relive those moments.”

Judge Moscone’s decision was based on the 
prosecution’s assertion that the 1974 Los Angeles 
proceedings (involving Harold Taylor) were 
pre-trial hearings and not final 
adjudication.  However, the judge did leave the 
door open for the defense attorneys to enter a 
motion to suppress (the coerced statements) at future hearings.

In an interview with Richard Brown, one of the 
six defendants out on bail, he said,  “Based upon 
three rulings that we’ve had already, including 
the Supreme Court, those forced confessions will 
be suppressed
and I’m very, very happy to say 
that he [Moscone] seems to be a judge.  He 
doesn’t seem to be politically motivated or 
intimidated by anything or anyone
it appears as 
though he’s going to judge the case based on the 
merit of the case, the evidence; and that’s what we’re all hoping for.”

The next hearing is scheduled for Monday, 
December 3, when issues of discovery and the 
sealing of prejudicial documents will be litigated.

Be sure to encourage all your friends to help us 
pack the courtroom, as we’re quite sure that your 
continued presence and support are what made it 
possible for Richard Brown, Richard O’Neal, Ray 
Boudreaux, Hank Jones, Harold Taylor, and 
Francisco Torres to be released on bail, and return home to their families.

Herman Bell and Jalil Muntaqim (Bottom) remain in 
solitary confinement with no-contact visits at 
the San Francisco County Jail.  Please write 
to  them and learn more about the frameup that 
has kept them incarcerated in New York State 
prisons for 34 and 36 years respectively. 
<http://www.kersplebedeb.com/mystuff/profiles/ny3.html>http://www.kersplebedeb.com/mystuff/profiles/ny3.html
For past articles and updates on this case, go to 
<http://www.freethesf8.org/>www.freethesf8.org or 
<http://www.sfbayview.com/>www.sfbayview.com.

Power to the people.
Free ‘em all.


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