[Ppnews] Extradition of Toronto Librarian Upheld in 1969 Shooting of Chicago Police Officer

[Political Prisoner News]

<http://www.thestar.com/News/GTA/article/277281>http://www.thestar.com/News/GTA/article/277281 


Extradition of librarian upheld in Chicago shooting

Nov 16, 2007 09:29 PM
Tracey Tyler
LEGAL AFFAIRS REPORTER

While acknowledging it may seem "harsh" to surrender him to the 
United States after 30 years in Canada, the Ontario Court of Appeal 
has upheld the extradition of Joseph Pannell, the Toronto librarian 
wanted for the 1969 attempted murder of a Chicago police officer.

There is evidence upon which a properly-instructed jury could convict 
Pannell and little support for his contention that, as a black man, 
he would not receive a fair trial in a racially-charged U.S. justice 
system, a three-judge panel ruled today.

Pannell, 58, a father of four who lived quietly in Mississauga under 
the name Gary Freeman until his arrest three years ago, was appealing 
a Toronto judge's ruling from 2005, which committed him for 
extradition, as well as a decision last year by Vic Toews, then 
justice minister, ordering him to surrender.

"To return Pannell to the United States after thirty years of quiet, 
peaceful living in this country may appear to some as harsh and may 
seem to exact an onerous and unfair penalty on his wife and 
children," said Justice Marc Rosenberg, who wrote today's decision.

"Indeed, the record is filled with letters of support attesting to 
Pannell's good character since he has lived in Canada and the 
perceived injustice of returning him to Chicago after so many years."

Pannell's lawyer, John Norris, argued the U.S. simply has not made 
out a sufficient case for extradition.

He also argued that Justice David Watt, who presided at an 
extradition hearing two years ago, was wrong to deny Pannell a chance 
to summon the shooting victim, retired officer Terrence Knox, as well 
as an Illinois prosecutor, to the witness stand in a Toronto 
courtroom and challenge them on deficiencies in the evidence.

The state's attorneys filed a case record with Watt asserting they 
have evidence Pannell shot Knox on March 7, 1969, as the officer 
tried to question him outside a Chicago high school. Two civilian 
witnesses claim they chased Pannell as he ran from the scene and 
identified him as the shooter once he was in a police cruiser.

Every officer involved in arresting Pannell and recovering the gun 
have since died and the weapon has been destroyed.

But the U.S. still insists it can prove a gun was found and that it 
had been used to shoot Knox. "How it will do so, in view of the 
deaths of the arresting officers, is unexplained," Rosenberg said.

Norris also pointed to discrepancies in Knox's story, saying they 
call into question the reliability of the state's evidence.

In a victim impact statement, Knox said Pannell pulled out a gun and 
fired about 13 shots. Other documents say Knox is expected to tell a 
Chicago jury that Pannell fired 7 shots, while the officer fired back with six.

It would be wrong to focus on a single inconsistency about the number 
of shots fired, said Rosenberg, writing on behalf of a panel that 
included Justices Eileen Gillese and Jean MacFarland.

All of Knox's proposed testimony must be considered and it includes 
consistent accounts of, among other things, when and where the 
shooting happened, he said.

Pannell contends a false allegation that he was once a member of the 
Black Panthers - he thinks the story came from the Chicago police 
force -together with an accusation that he shot a white police 
officer, put him at risk of physical harm in the U.S.

His lawyers provided Towes with what they believed was evidence that 
racism pervades the U.S. justice system.

Toews, however, said that despite past problems, concrete steps have 
been taken to combat racism in the system. There is also no evidence 
that Pannell had been mistreated in jail in Chicago following his 
arrest, Toews said.

"This was important information upon which the Minister (sic) could 
properly conclude that the appellant was not at risk, despite his 
subjective perception," Rosenberg said.

He noted Toews also relied on the fact Pannell had been twice granted 
bail, despite the seriousness of the charge against him, during a 
period of volatility and ugly racial violence in Chicago.

Pannell said he fled to Canada while out on bail because he feared 
for his safety.

Deemed a flight risk, he was denied bail following his arrest in 
July, 2004. He still has the option of seeking permission to appeal 
today's ruling to the Supreme Court of Canada.
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