[Ppnews] Black August and Ruchell Cinque Magee

[Political Prisoner News]

BLACK AUGUST 2007:  The Marin Courthouse Slave Rebellion and Its Sole
Survivor, Ruchell Cinque Magee
by Kiilu Nyasha

"Slavery 400 years ago, slavery today. It's the same, but with a new name."
- Ruchell Cinque Magee

There would be no such thing as Black August without the audacious 
revolt that inspired it, namely, the Marin Courthouse Slave Rebellion.

It was August 7, 1970 when Jonathan Jackson, 17, followed through 
with the guerrilla action to demand the release of the Soledad 
Brothers, Fleeta Drumgo, John Clutchette, and George L. Jackson, 
Jonathan's older brother. They also planned to take over a radio 
station and broadcast to the world the horrendous treatment and 
torture of Black prisoners, including four recent murders by guards.

Armed to the teeth with guns under a long coat, with courage and 
calm, Jonathan entered the courtroom alone (his outside partners were 
no-shows).

"Freeze! We're taking over,"  he pronounced tossing guns to William 
Christmas, James McClain, on trial for assaulting a guard -- and jail 
house lawyer, Ruchell Magee, who was testifying for McClain. Though 
not part of the original plan, Magee seized the hour to join the 
guerrillas and "escape slavery."

Who is Ruchell Cinque Magee?

Born in Louisiana, March 17, 1939, Ruchell Magee was an only child 
who grew up in a stable home in the small town of Franklinton. His 
stepfather, a railroad worker for 40 years, owned his own business 
and two houses.

Magee's story is that of countless other young Black men in white 
supremacist Amerika -- in fact, a classic example of the racist 
oppression they suffer from the cradle to the grave. A story that 
dates back to chattel slavery and the Middle Passage holocaust.  The 
name, Cinque, which Magee later adopted, was that of the African 
revolutionary, who led the Amistad mutiny on the high seas. Captured 
and tried in New Haven, Connecticut, his court victory established 
the right to use violence to escape from captivity.

In 1955, at 16, Magee was charged with "aggravated attempted rape" 
after he dared to cross the color line (in KKK territory) by becoming 
friends with a white girl.  This incident occurred just one year 
after the infamous case of Emmett Till, a Black teenager brutally 
murdered for allegedly whistling at a white woman.

Magee's so-called trial lasted one day and he became the youngest 
prisoner ever sent to Louisiana's Angola State Penitentiary, formerly 
a slave plantation and still run like one.  (See the documentary, "The Farm.")

In what may well have been a conspiracy to deprive Magee of his 
inherited property, he was paroled to Los Angeles in October, 1962, 
with the caveat that he not return to Louisiana.

In 1963, just six months later, Magee and his cousin, Leroy Stewart, 
were arrested while sitting in the parked car of Ben Brown with whom 
Magee had gotten into a fight over a woman and $10.  Brown told 
police the fantastic tale that the two had forced him into his car, 
"kidnap," and stolen $10 and his car "robbery," though they were 
still sitting there with no keys.  Nevertheless, Magee was beaten so 
badly he was hospitalized for three days, followed by a kangaroo 
court replete with judicial error, prosecutorial and defense  counsel 
misconduct (Magee's court-appointed lawyer pled him guilty without 
his consent.).  He was convicted of robbery and kidnap and given a 
life sentence for what should have been at most a one or two- year 
sentence for fighting that resulted in no serious injury.

Sound familiar?

We can see very similar racist injustice today:  For a justifiable 
fist fight, Black teenagers in Jena, Louisiana, known as the Jena 
Six, are facing 80 years each  -- and Black Panther elders known as 
The San Francisco 8 were arrested this January and charged in a 36- 
year-old case.  (See <http://www.freethesf8.org.)/>www.freetheSF8.org.).

Magee's jail house lawyering won him a second trial on the basis of a 
closed-door coverup that improperly joined the indictments of himself 
and Stewart, among other violations of law.  But in 1965, Magee faced 
the same judge who had bound and gagged him in the first trial for 
making lawful objections.  As Magee notes, the second trial "used 
fraud to hide fraud," and upheld the conviction and sentence.

By 1970, seven years into his life sentence, Magee had already filed 
numerous petitions challenging his wrongful conviction.  In addition 
to the fallacious life sentence, Magee was subjected to the brutality 
of the white-racist prison guards, something well known by the late 
1960s.  (See Minh Yee's Melancholy History of Soledad Prison).

Magee also filed lawsuits protesting prison conditions and the 
validity of many prisoners' incarceration.   In fact, he had 
developed a solid reputation as a jail house lawyer responsible for 
the release of countless captives.  E.g., Magee initiated the 
wrongful-death lawsuit of Fred Billingsley (detailed below), 
ultimately resulting in a large settlement for the family.

Finally, after seven years of being tortured by guards and ignored by 
the courts, Magee spontaneously jumped at the chance to be free. Wouldn't you?

Events leading to the Courthouse Slave Rebellion

On January 13, 1970, at Soledad State Prison, three Black captives, 
W. L. Nolen, "Sweet Jugs" Miller, and Cleveland Edwards, were shot on 
the yard in what was believed to be a racist setup by guards in 
collusion with Aryan Brotherhood or neo-Nazi prisoners.  Left to 
bleed to death, their cold-blooded murder evoked retaliation, after 
it became clear the murderer would not be prosecuted.  A guard was 
subsequently beaten and thrown off a tier to his death.  Three 
prisoners, mentioned above, were charged with the killing and faced 
the death penalty -- thus provoking a nationwide campaign for their 
freedom led by then openly Communist professor, Angela Davis.  All 
three Soledad Brothers were eventually acquitted, George Jackson posthumously.

A month later, a Black San Quentin prisoner, Fred Billingsley, was 
beaten and tear gassed to death, precipitating retaliation resulting 
in the August trial of James McClain.

August 7, Martyrdom and Trial

By the time Jonathan and the three armed brothers commandeered their 
hostages -- the judge, prosecutor and three jurors -- into the van, 
attempting to drive to a radio or TV station, San Quentin guards 
arrived and opened fire.  When the shooting stopped, Jonathan, 
Christmas, McClain and the judge lay dead. Magee and the prosecutor 
were critically wounded, and one juror suffered a minor arm wound. 
Magee survived his wounds and subsequent torture; and was tried 
originally with codefendant Angela Davis, captured after an FBI 
nationwide dragnet with Davis on its most wanted posters.

As a Sun Reporter journalist, I reported on the pretrial hearings of 
Davis and Magee, and was active in the defense committees organizing 
to win their freedom. Press credentials enabled me to meet with "Rue" 
in the holding cell of the courthouse, and we began a correspondence 
that continues to this day.  Most press privileges have been banned 
or outlawed now, leaving the public unaware.

The trials of Davis and Magee were soon separated.  Davis was 
acquitted of all charges. Magee was convicted of simple kidnap (The 
murder charge was thrown out.) and acquitted of the more serious 
kidnap-for-extortion charge by a jury whose acquittal was buried. 
Magee has challenged this coverup for decades with a notarized 
declaration from the jury foreman, Bernard Suarez, as proof -- to no avail.

This stalwart and courageous brother continues to challenge his 
illegal/unjust incarceration and parole denials.  He never gives up. 
After 44 years, he wants nothing short of freedom to return to his 
home town and live the rest of his life in peace.  He is now 68 years 
old, and will be going to the board again in September.  Please send 
letters of support for his release to the Board of Prison Terms at 
Corcoran State Prison, 4001 King Ave., Corcoran, CA.93212.  Magee's 
address is A92051, 3A2-131, Box 3471, same city/zip.  Please write 
him, send money orders or articles, photos, books (must be from book 
store or online publisher), 44 years is uncivilized!

For more information on Black August, George Jackson, and the only 
member of the San Quentin Six to remain locked down and tortured in 
the infamous Pelican Bay SHU, Hugo "Yogi Bear" Pinell, go to 
<http://www.hugopinell.org/>www.hugopinell.org.  And be sure to read 
the August issues of this newspaper.  There's more to come.

As death row political prisoner, Mumia Abu-Jamal noted, "August is a 
month of meaning, of repression and radical resistance, of injustice 
and divine justice; of repression and righteous rebellion; of 
individual and collective efforts to free the slaves and break the 
chains that bind us."





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415 863-9977

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