[Freethe SF8] Judge Moscone denies defense motion to dismissbut

[SF-8 case]

Judge Moscone denies defense motion to dismiss
but

Judge Moscone denied defense motions to dismiss 
the conspiracy count against the remaining three 
San Francisco 8 defendants, Herman Bell, Jalil 
Muntaqim and Francisco Torres. While denying that 
issues about tolling and the statute of 
limitations are applicable in this case, he did 
say that the issue is not completely closed. The 
purpose of tolling statutes is to discourage 
defendants from fleeing a state to avoid 
prosecution by taking advantage of a statute of 
limitations. None of the three left the state to 
avoid prosecution. The statute of limitations on 
conspiracy is 3 years in California and was the 
basis of dismissing the conspiracy count against 
the other 5 defendants on February 7. Seven of 
the men remain charged with a 37 year old murder 
of a San Francisco police officer – Richard 
O’Neal was originally only charged with 
conspiracy and is no longer a defendant in this 
case. Moscone said that the motion to dismiss can 
be renewed at the conclusion of the preliminary 
hearing – scheduled to begin Monday, April 21.

According to Chuck Bourdon, Francisco Torres’ 
attorney, “the judgment was erroneously made” and 
that it relied on a case which is inapplicable to 
the issues presented. “The decision also ignores 
constitutional issues
and will be appealed to the 
California State Appellate Court immediately.”

According to today’s SF Chronicle, Gareth Lacey, 
spokesman for Attorney General Brown who 
green-lighted this prosecution, said “We have 
credible and strong new evidence.”  Stuart 
Hanlon, Herman Bell’s attorney, said there is no 
new evidence in the case and much of the evidence 
- including the gun purportedly used in the 
shooting - has vanished. He asked the court, “so 
if this is true, where is it?” as it hasn’t been 
turned over to the defense as required by discovery laws.

Judge Moscone did ask prosecutors to give the 
defense a complete witness list two weeks before 
the preliminary hearing as well as making it 
possible for the defense team to have contact 
with Ruben Scott, who was one of the men captured 
in New Orleans in 1973, was tortured, and who is 
believed to be the main cooperating witness for the prosecution.

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