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<font size=3><br>
</font><font face="verdana" size=3><b>DATE: Sat, 12 Feb
2005 11:40:51 -0500<br>
FROM: "The Talking Drum Collective
Newsletter" <the_black_thought@yahoo.com><br><br>
<br>
</font><font face="verdana" size=3 color="#800000">REPORT ON DR. MUTULU
SHAKUR PAROLE HEARING UPDATE <br><br>
</b></font><font face="verdana" size=3>--------------------------------------------------------------------------------<br><br>
<b>BROTHERS AND SISTERS:<br><br>
</b>Attached is a report from Terri Thompson, one of the attorneys for
Dr. Mutulu Shakur. Attorney Thompson states that Dr. Shakur thanks us for
the support received to achieve parole. In 2002, Mutulu went up for<br>
parole and, while he can come up for a hearing every two years, the
parole commission will not give him serious consideration until 2017. His
lawyers submitted a petition challening that date based upon he<br>
should have been first had a hearing in 1996, rather than 2002. The
parole official there agreed with Dr. Shakur's legal team and recommend
that he has a hearing date for 2011, rather than 2017. <br><br>
For more thorough information read Attorney Thompson's report. For more
information email the Atlanta Chapter of the Malcolm X Grassroots
Movement at
</font><font face="verdana" size=3 color="#003399"><b>mxgrm_atl@yahoo.com</font><font face="verdana" size=3>.<br><br>
</b>FTL<br>
Free 'em ALL!!!<br><br>
</font><font face="verdana" size=3 color="#800000"><b>**************************<br><br>
</b></font><font face="verdana" size=3>February 9, 2005<br><br>
TO: Friends and Supporters of Dr. Mutulu Shakur<br><br>
FROM: Teri Thompson, Attorney <br><br>
RE: Parole Hearing of Dr. Mutulu Shakur <br><br>
On behalf of Dr. Shakur, we are eternally grateful for both your support
and your spirit as we engaged in the ongoing battle to secure his
release. Below is a synopsis of the history of the legal struggle and a
summary of the recent parole proceedings.<br><br>
<br>
<b>HISTORY OF THE CASE <br><br>
</b>Dr. Shakur was convicted in 1986 to prison term of sixty (60) years
in the Southern District of New York of Conspiracy under the Racketeer
Influenced and Corrupt Organization (RICO) Act and bank robbery. The
<br>
United States Parole Commission scheduled a parole hearing in 2002. At
the hearing, Hearing Examiner Sam Shoquist denied Dr. Shakur parole, and
continued him to a fifteen (15) year reconsideration hearing. Therefore,
Dr. Shakur would not even be considered for parole until 2017. <br><br>
It is significant to note that per 18 U.S.C. § 4206(a), a federal
prisoner is eligible for release on parole after serving ten (10) years
of a sentence over thirty (30) years. In 1996, therefore, Dr. Shakur was
eligible and fought to have a parole hearing. The same was
denied.<br><br>
In the meantime, Dr. Shakur’s legal defense team (Teri Thompson and
Michael Tarif Warren) filed a Petition for Writ of Habeas Corpus under 28
U.S.C. § 2241 in the United States District Court for the Northern <br>
District of Georgia wherein we alleged, inter alia, that the Parole
Commission and the National Appeals Board failed to grant Dr. Shakur nunc
pro tunc application of his parole proceedings to 1996. Under the nunc
pro tunc doctrine, a court can give relief retroactively to correct an
issue. Interestingly, the federal court denied our petition just a few
days prior to the February 8, 2005 interim parole hearing. We will
appeal.<br><br>
<br>
<b>PAROLE HEARING<br><br>
</b>As many of you know, the statutory interim parole hearing for Dr.
Shakur was held on Tuesday, February 8, 2005, at the United States
Penitentiary-Atlanta. The hearing examiner was Rob Haworth. Present in
support <br>
of Dr. Shakur were the following persons: Sekiywa Shakur, daughter;
Watani Tyehimba, Paralegal; Richard Searcy, representative for
Congresswoman Cynthia McKinney; and, Teri Thompson, Attorney. <br><br>
While federal statute allows an interim hearing every two (2) years,
generally the parole commission will not grant any reconsideration to the
fifteen (15) year set-off unless new information is raised. We argued
<br>
nonetheless that the parole commission violated federal law and the rules
promulgated by the commission when it failed to grant Dr. Shakur nunc pro
tunc application to 1996. We also raised other legal issues that were
included in our petition filed in federal court. <br><br>
Hearing Examiner Haworth noted Dr. Shakur’s exemplary institutional
record, as well as the community support that continues to rally behind
him. The hearing examiner agreed that the parole commission should <br>
consider granting Dr. Shakur nunc pro tunc application to 1996. In fact,
Mr. Haworth stated that he would support and recommend that the parole
commission take such action. Therefore, instead of the 2017 parole date,
Dr. Shakur may be considered for parole in 2011. <br><br>
While Mr. Haworth’s position is promising, we will continue our struggle.
As noted previously, we are preparing to file an appeal of the federal
court’s denial of our §2241 Petition.<br><br>
In closing, Dr. Shakur wishes to thank all of those who have supported
him as reflected by the numerous letters of support and the well wishes
from around the world. We will continue to update you as decisions are
reached. If you have any questions, please do not hesitate to contact me
through the Atlanta chapter of the Malcolm X Grassroots Movement at
</font><font face="verdana" size=3 color="#003399"><b>mxgrm_atl@yahoo.com</font><font face="verdana" size=3>.
<br><br>
</b>Teri Thompson</font> <br>
<x-sigsep><p></x-sigsep>
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(415) 863-9977<br>
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