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<a href="http://www.dissidentvoice.org/Jan07/Allen07.htm" eudora="autourl">
http://www.dissidentvoice.org/Jan07/Allen07.htm<br><br>
</a>Justice for the Omaha Two<br>
by Joe Allen<br>
<a href="http://www.dissidentvoice.org/" eudora="autourl">
www.dissidentvoice.org<br>
</a>January 7, 2007<br><br>
<br>
Ed Poindexter and Mondo we Langa are not names familiar to most
Americans.<br>
The longest-serving political prisoners in the United States, these
two<br>
former Black Panthers have spent more than 35 years behind bars for a
crime<br>
they did not commit -- the 1970 murder of Omaha, Nebraska, police
officer<br>
Larry Minard.<br><br>
The American media and the political establishment scoff at the very
idea<br>
that there are political prisoners in the United States. Yet many
'60s<br>
militants -- especially Black and Native American revolutionaries --
were<br>
deliberately framed by the police and FBI in their efforts to suppress
the<br>
radical movements of that period. The Omaha Two were also caught in
that<br>
dragnet. It has been known for decades that they were targets of the
FBI’s<br>
infamous Counter-Intelligence Program (COINTELPRO), but it is only
lately<br>
that long, thought-to-be-destroyed evidence has emerged that could lead
to a<br>
new trial for Ed Poindexter.<br><br>
A breakthrough in Poindexter’s case could have important ramifications
for<br>
Mondo we Langa (formerly known as David Rice), who exhausted his
appeals<br>
thirty years ago. Amnesty International has classified Mondo we Langa and
Ed<br>
Poindexter -- known as the Omaha Two at the time of their trial in 1971
--<br>
as “prisoners of conscience.” The Omaha police and the political
leadership<br>
of Nebraska have labeled them “cop killers” and have blocked efforts
at<br>
commuting their sentences or getting them new trials for
decades.<br><br>
Racism in the Heartland<br><br>
It is a testament to the vibrancy and breadth of the civil rights and
Black<br>
Power movements that even small cities like Omaha, Nebraska, felt
its<br>
impact. North Omaha has long been the center of the Black community in
the<br>
city, where racism was a daily fact of life. Many of Omaha’s Black
residents<br>
faced job and housing discrimination, in addition to police
brutality.<br>
During the course of the 1960s a small but vocal movement arose to
combat<br>
these issues.<br><br>
The racial situation in Omaha became more polarized during the course
of<br>
1968, when arch-segregationist George Wallace made a stop in the city
during<br>
his independent campaign for president. White racists attacked Blacks
and<br>
whites protesting the notorious bigot at one of his campaign rallies.
Later<br>
that night, Omaha cops killed a local Black high school student. The<br>
following month, Martin Luther King, Jr. was assassinated in
Memphis,<br>
leading to uprisings in 100 American cities. The Black Panther Party
(BPP)<br>
became the prime target of the FBI’s COINTELPRO operations with the
stated<br>
goal of “neutralizing” their leadership. Mondo we Langa and Ed
Poindexter<br>
were community activists in North Omaha at the time. They joined the BPP
in<br>
1969 and were soon recognized as the leaders of the party in
Nebraska.<br>
Poindexter, like a growing number of Panthers, was also a Vietnam
veteran.<br>
The situation in Omaha got even bloodier in 1969. Vivian Strong, a<br>
fourteen-year-old Black teenager, was shot in the back of the head
and<br>
killed by the police in June of that year. The police officer who
killed<br>
her, patrolman John Loder, was found not guilty of manslaughter by
an<br>
all-white jury and was reinstated to the Omaha Police Department (OPD)
with<br>
back pay and benefits. “Among the most vocal critics of such police abuse
of<br>
power,” according to Rutger’s law professor Lennox Hinds, “were members
of<br>
the local chapter of the Black Panther party and its successor, the
National<br>
Committee to Combat Fascism (NCCF).” Ed Poindexter and Mondo we Langa
left<br>
the Panthers and founded the NCCF in 1970, with Mondo as chairman
and<br>
Poindexter as minister of information. They were repeatedly harassed
and<br>
arrested by the Omaha police for their political activities.<br><br>
The Bomb<br><br>
On August 17, 1970, Omaha patrolman Larry Minard was killed by a
bomb<br>
planted in a suitcase while he was searching an abandoned house. The
police<br>
were responding to a 911 call that claimed a woman was being taken into
a<br>
house against her will, possibly to be raped. Soon after the death
of<br>
Minard, Duane Peak, a fifteen-year-old Black youth, who had been a member
of<br>
the NCCF, was terrorized into confessing to planting the bomb and making
the<br>
911 call. Peak made a series of sworn statements to the police that
he<br>
acted alone. He did not implicate or mention Mondo or Poindexter.
However,<br>
after the police interrogated him and threatened him with the
electric<br>
chair, he changed his story and Mondo and Poindexter were soon after
charged<br>
with murder. Peak himself was allowed to plead to a lesser charge of<br>
“juvenile delinquency” in exchange for his testimony.<br><br>
But Peak would prove to be an unreliable witness for the prosecution.
Under<br>
police pressure he told at least six different stories about the
bombing,<br>
and at a key moment in the trial he blurted out the truth, only to
be<br>
bludgeoned back into lying. At Mondo and Poindexter’s 1971 trial,
the<br>
prosecuting attorney asked Peak if they had anything to do with the
killing.<br>
Peak responded by saying no, at which time the prosecutor asked for
a<br>
recess. When the trial reconvened, the prosecutor once again asked Peak
if<br>
Mondo and Poindexter were involved and he responded yes, they were
involved.<br><br>
Peak was wearing dark sunglasses when he returned to court after the
recess.<br>
When he was asked to remove the glasses by the defense counsel, many
of<br>
those present in the courtroom couldn’t help but notice that he appeared
to<br>
have been beaten and was crying. Ernie Chambers, who was present in
court<br>
that day and later became one of the few Black state senators in
Nebraska’s<br>
unicameral legislature, told the BBC that, “a noticeable gasp” was
heard<br>
from the courtroom audience, who were shocked at Peak’s
condition.<br><br>
Dynamite and other bomb-making material was found during an illegal
search<br>
of Mondo we Langa’s home while he was out of town, but Mondo has
always<br>
maintained that the material was planted. The police could not find Mondo
or<br>
Poindexter’s fingerprints on the dynamite and were not clear as to the
exact<br>
location of the dynamite in Mondo we Langa’s house. The Omaha Police
claimed<br>
that after Mondo and Poindexter were arrested, the clothes they wore
were<br>
tested and were found to have dynamite particles in the shirt and
pants’<br>
pockets. Yet, Mondo’s and Poindexter’s hands were tested for
dynamite<br>
particles and none were found there or on the rest of their clothing.
The<br>
forensic tests were so faulty, according to the defense, that they
could<br>
have easily tested positive for such items as kitchen matches or
phosphorous<br>
detergents among other household products used for cleaning. Mondo’s
home<br>
mysteriously burned down after their trial was over.<br><br>
The only other evidence was a tape recording of the 911 call that
police<br>
claim Peak made, but then claimed was destroyed by accident. Peak
testified<br>
that he made the 911 call, but since the police claimed that no
recording<br>
existed, jurors had to take Peak at his word that he made the call.
The<br>
whole case ultimately rested on that tape recording. In an interview
with<br>
the Washington Post on January 8, 1978, County Prosecutor Art
O’Leary<br>
admitted that without Peak’s testimony, Mondo and Poindexter would not
have<br>
been convicted. Also, Peak was never tested for dynamite particles.
The<br>
trial judge, Donald A. Hamilton, overruled the defense motions to
suppress<br>
the alleged “evidence” found in the home of Mondo and on the clothing
of<br>
both of them. They were found guilty of first-degree murder and sentenced
to<br>
life in prison. The lone Black juror later said that he voted to
convict<br>
Mondo and Poindexter on the condition that the death penalty was not<br>
imposed. Peak was sentenced to four years at a juvenile facility and<br>
released in 1974. After his release, he promptly disappeared for more
than<br>
two decades.<br><br>
Mondo and Poindexter appealed their convictions to the Nebraska
Supreme<br>
Court, which denied their requests for a new trial and upheld their<br>
convictions. A Federal court later overturned Mondo’s conviction,
ruling<br>
that the search of his home and clothing violated his rights against<br>
unreasonable search and seizure. But their hopes for a new trial were
dashed<br>
in 1976 when the U.S. Supreme Court overruled the lower court’s decisions
in<br>
favor of the prosecution. Mondo and Poindexter have remained in prison
ever<br>
since, despite the efforts of Amnesty International, which has called
for<br>
their immediate release or a new trial, and the support of such
prominent<br>
individuals as the recently deceased former governor of Nebraska,
Frank<br>
Morrison.<br><br>
Two decades after their arrest, Jack Swanson, an Omaha Police
Department<br>
detective and one of the key figures in the persecution of Mondo and<br>
Poindexter, starkly revealed to the BBC the political agenda behind
the<br>
case. “We feel we got the two main players in Mondo and Poindexter, and
I<br>
think we did the right thing at the time, because the Black Panther
Party...<br>
completely disappeared from the city of Omaha... and it’s... been the end
of<br>
that sort of thing in the city of Omaha -- and that’s 21 years
ago.”<br><br>
Since 1993, the Nebraska Parole Board has voted unanimously and
repeatedly<br>
to commute both men’s sentences to time served. However, the Nebraska
Board<br>
of Pardons (made up of elected officials -- the governor, the
attorney<br>
general, and secretary of state) has refused to grant a pardon or<br>
commutation for Mondo or Poindexter. One member of the Board of Pardons
has<br>
even declared that there are “no circumstances” under which he would<br>
consider commutation.<br><br>
Suppressed Evidence<br><br>
It has been known since the late 1970s that the Black Panther Party and
its<br>
supporters were victims of political repression spearheaded by the
FBI<br>
working with local police departments across the country during the
1960s<br>
and 70s (COINTELPRO). Mondo and Poindexter were repeatedly harassed
and<br>
under surveillance from the FBI and the Omaha police, but it was
only<br>
after their trial that the role of the FBI in suppressing key evidence
was<br>
revealed. For supporters of Mondo and Poindexter, the role of Duane
Peak<br>
in the bombing death of Minard has always been a point of contention.
Did<br>
Peak really make a bomb and plant it? Did he, in fact, make the 911
call<br>
that brought Minard and police officers to the house, where the bomb<br>
exploded? How would a troubled fifteen-year-old get the knowledge to
build<br>
a bomb and detonate it? Why would he do it?<br><br>
The prosecution tried to argue that Poindexter provided the
bomb-making<br>
skills because he was a veteran, but he was a medical aide and mechanic
in<br>
the military, not an explosives expert. The prosecution’s case rested
on<br>
the recording of the 911 call that they claimed had been
destroyed.<br><br>
<br>
While we may never know exactly who destroyed the original tape
recording,<br>
we do know that the FBI and the local police knew what was on it and
made<br>
every effort to prevent the defense from getting it. According to an
FBI<br>
memo dated October 13, 1970, “Assistant COP [Chief of Police] GLENN
GATES,<br>
Omaha PD, advised that he feels that any use of tapes of this call might
be<br>
prejudicial to the police murder trial against two accomplices of PEAK
and,<br>
therefore, has advised that he wishes no use of this tape until after
the<br>
murder trials of PEAK and the two accomplices has been completed.” When
we<br>
translate the bureaucratic language of the FBI into plain English, the
memo<br>
clearly reveals that the Omaha Police felt that the real contents of
the<br>
call didn’t help their case. The FBI memo continued, “no further efforts
are<br>
being made at this time to secure additional tape recordings of the
original<br>
telephone call.”<br><br>
In 2005, a copy of the tape of the 911 call was uncovered. On January
23,<br>
2006, Bob Bartle, Ed Poindexter’s attorney, obtained a ruling from
Douglas<br>
County, Nebraska, District Court Judge Richard Spethman to compel Duane
Peak<br>
to give a voice sample for examination and comparison to the 911
caller.<br>
Duane Peak, who had been living under the name of Gabriel Peak in
Washington<br>
state, complied with the court’s request in February and gave a sample
of<br>
his voice. Tom Owens, one of the leading audio analysts in the country,
has<br>
testified for the prosecution and the defense in twenty states. In a
written<br>
opinion in April, Owens stated that “the voice of Duane Peak from 2006
is<br>
NOT the same voice” on the 911 tape. Is this enough to get Ed Poindexter
a<br>
new trial? “We have a shot,” says Bob Bartle. Hearings will be held
in<br>
December and January to determine whether this will happen. But after
three<br>
decades, this is an important development in a case that too few people
are<br>
aware of and exemplifies the legacy of political repression in 1960s
and<br>
1970s.<br><br>
Legacy of Repression<br><br>
“There are hundreds, perhaps even thousands of people I would call
political<br>
prisoners” in the United States, declared Andrew Young in 1978, when he
was<br>
the U.S. ambassador to the United Nations. Young’s indiscreet
remarks<br>
ignited a hailstorm of attacks from newspapers and politicians across
the<br>
country. That same year, Amnesty International published a report that
found<br>
that criminal activities of the FBI’s COINTELPRO operations had
undermined<br>
the trials of a number of political activists during the 1970s, the
most<br>
prominent of whom was American Indian Movement activist Leonard Peltier.
It<br>
has been decades since a major political figure in the United States has
so<br>
publicly spoken about political prisoners in this country. In 1980,
former<br>
FBI Director L. Patrick Grey and Edward S. Miller, one-time head of
the<br>
FBI’s domestic counterintelligence unit in New York, were convicted
of<br>
having “conspired to injure and oppress the citizens of the United
States,”<br>
for their involvement in COINTELPRO. They served no time in prison and
were<br>
pardoned in 1981 by President Reagan. Yet their victims remain in
prison.<br>
Currently, Black journalist and Pennsylvania death row inmate Mumia<br>
Abu-Jamal and Ed Poindexter have the possibility of new trials. A victory
in<br>
one or both cases could have an enormous impact in unlocking the doors
of<br>
the American gulag.<br><br>
Joe Allen is a frequent contributor to the ISR. This article appears in
the<br>
current issue. Thanks to Mary Dickinson of Nebraskans for Justice for
her<br>
help in writing this article.<br><br>
Letters of support can be written to:<br><br>
Wopashitwe Mondo Eyen we Langa (s/n David Rice) # 27768<br>
PO Box 2500, Lincoln, NE 68542-2500<br>
Ed Poindexter #27767<br>
P.O. Box 2500, Lincoln, NE 68542<br><br>
Other Articles by Joe Allen<br><br>
* Three Decades of Injustice: Gary Tyler Still Sits in Angola Prison<br>
* The Myth of the Kennedys<br>
* Congress’ Cushy Pension Plan: What They Have That You Don’t<br><br>
<br>
DISSIDENT VOICE<br>
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