<html>
<body>
<font size=3>BLACK AUGUST 2007: The Marin Courthouse Slave
Rebellion and Its Sole <br>
Survivor, Ruchell Cinque Magee<br>
by Kiilu Nyasha<br>
<br>
“Slavery 400 years ago, slavery today. It’s the same, but with a new
name.”<br>
- Ruchell Cinque Magee<br>
<br>
There would be no such thing as Black August without the audacious revolt
that inspired it, namely, the Marin Courthouse Slave Rebellion.<br>
<br>
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.<br>
<br>
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). <br>
<br>
“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.”<br>
<br>
<b>Who is Ruchell Cinque Magee?<br>
</b> <br>
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.<br>
<br>
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.<br>
<br>
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.<br>
<br>
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.”)<br>
<br>
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.<br>
<br>
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. <br>
<br>
Sound familiar?<br>
<br>
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
<a href="http://www.freethesf8.org.)/">www.freetheSF8.org.)</a>.<br>
<br>
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.<br>
<br>
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).<br>
<br>
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.<br>
<br>
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?<br>
<br>
<b>Events leading to the Courthouse Slave Rebellion<br>
</b> <br>
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.<br>
<br>
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.<br>
<br>
<b>August 7, Martyrdom and Trial<br>
</b> <br>
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.<br>
<br>
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.<br>
<br>
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.<br>
<br>
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!<br>
<br>
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
<a href="http://www.hugopinell.org/">www.hugopinell.org</a>. And be
sure to read the August issues of this newspaper. There’s more to
come.<br>
<br>
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."<br>
<br><br>
<br><br>
</font><x-sigsep><p></x-sigsep>
<font size=3 color="#FF0000">Freedom Archives<br>
522 Valencia Street<br>
San Francisco, CA 94110<br><br>
</font><font size=3 color="#008000">415 863-9977<br><br>
</font><font size=3 color="#0000FF">
<a href="http://www.freedomarchives.org/" eudora="autourl">
www.Freedomarchives.org</a></font><font size=3> </font></body>
</html>