[Ppnews] Support Ruchell Magee

PPnews at freedomarchives.org PPnews at freedomarchives.org
Wed Jun 22 13:45:35 EDT 2005

Greetings:  Below is a letter I hope can be a sample for you to use to 
write your own letter to the Board of Prison Terms in behalf of Ruchell.
As Sundiata Tate (who did time with Ruchell) has often noted, "Ruchell 
never hurt anybody."  His original conviction was over an argument about a 
$10 bag of marijuana in which he was erroneously charged and illegally 
convicted.  In August 1970, Magee happened to be in the Marin Courtroom 
testifying for James McClain when Jonathan Jackson raided the court to free 
McClain and Wm. Christmas and demanded the release of the Soledad Brothers, 
including his brother, George.  Magee spontaneously joined the guerrillas, 
all of whom were killed.  Magee was seriously  wounded but survived and was 
at first tried jointly with Angela Davis (later acquitted in a separate 
trial).  42 years!!! Enough!!!  Please help Rue by writing to the Board 
ASAP or by June 25 if at all possible.  My bad for not getting this out 



Board of Prison Terms
Records/Board Desk
California State Prison - Corcoran
4001 King Avenue
Corcoran, Ca. 93212

                                                         Re:  Ruchell Magee 
- A92051
Prisoner - Annual Hearing


I have supported justice for Ruchell Cinque Magee since 1971, well aware of 
his long struggle for freedom.

I am respectfully requesting that you grant  release for Mr. Magee, who has 
served more than four decades in the California State Prison system.   He 
was sentenced to two, seven years to life terms which the courts ordered to 
run concurrently.  Prosecution in the Los Angeles County sentence commenced 
March, 1963.  The Santa Clara County sentence of January 1975 began in 1970.

Under the law -- PC 1168 -- Magee was given the maximum term for kidnap (PC 
209) of 17 years.  The Board of Parole was mandated by Penal Code 1170.2, 
Determined Sentence Law of  1975 to provide a DSL hearing and fix time in 
all lifers' sentences by July 1, 1977.  To date, the Board has failed to 
fix time in Magee's case, and show evidence of  his being unsuitable for 
time fixing in accordance with PC 1170.2.  Thus, Magee has served more time 
than required by the law under which he was sentenced.

On information and belief, the prison system, in the 1980's, used tactics 
tantamount to :"cruel and unusual punishment" against Magee through 
misplacement in maximum security (level 4) custody where prison riots and 
Lockdown are frequent;
obstructing Magee's demonstration of his capability to be successfully 
reintegrated into society if given the opportunity; and failure to show 
evidence of Magee posing an unreasonable risk to society if released.

Magee remained disciplinary free from 1992 until June 2003, or until 
Corcoran staff attempted to double-cell him by overriding the CDC 
Director's June 2000, May 2001, and May 2002 classification/assignments of 
single cell occupancy.  Magee received a disciplinary report for refusing 
the double-cell assignment which he is challenging as being retaliatory for 
his legal filings.

Prior to the double-celling disciplinary report, Magee did everything the 
Board recommended:  (1) remained disciplinary free; (2) upgraded 
educationally or vocationally; (3) participated in self-therapy.

In lieu of the length of time Magee has already served, the fact that he 
has no violent incidents or serious infractions on his record since his 
1970 conviction, that he is now 66 years old and poses no threat to 
society, I ask the Board to please reconsider its positions by granting 
Magee a release date.

Thank you for your consideration of this matter.

Very truly yours,

Kiilu Nyasha

cc:  Ruchell Magee

The Freedom Archives
522 Valencia Street
San Francisco, CA 94110
(415) 863-9977
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