[Freethe SF8] Defense demands "full" discovery in SF8 case

[SF-8 case]

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,” according to 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’ that 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 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.

Next week’s hearing will also address requests 
from Herman Bell and Jalil Muntaqim to be 
returned to New York State between now and the 
start of the preliminary hearing in this case 
(likely to be scheduled for early September), in 
order to pursue their parole hearings. Judge 
Moscone indicated a willingness to agree to these 
requests if Herman and Jalil were to waive their 
rights to be present at any interim hearings in San Francisco.

The next hearing in the San Francisco 8 case is 
scheduled for Tuesday, April 29th at 9:30 am in 
Department 26, 3rd floor, 850 Bryant Street.

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