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<h2><b>Saturday, May 08, 2010<br><br>
<br>
</b></h2><h3><b>Systemic Injustice Against Two Longtime Political
Prisoners
</b></h3><font size=3>
<a href="http://sjlendman.blogspot.com/" eudora="autourl">
http://sjlendman.blogspot.com/<br><br>
</a>Systemic Injustice Against Two Longtime Political Prisoners - by
Stephen Lendman<br><br>
Their names - Marshall "Eddie" Conway and Romaine
"Chip" Fitzgerald, both activist COINTELPRO-targeted Black
Panther members, unjustly imprisoned for four decades for crimes they
didn't commit.<br><br>
They're two of many targeted Panthers, victims of COINTELPRO viciousness,
"dirty tricks," after J. Edgar Hoover's orders to infiltrate,
disrupt, sabotage, and destroy their activist mission for ethnic justice,
racial emancipation, and real economic, social, and political equality
across gender and color lines.<br><br>
In an earlier article, this writer explained that COINTELPRO is the
acronym for the FBI's secretive, mostly illegal, counterintelligence
program to neutralize political dissidents, including alleged communists;
anti-war, human and civil rights activists; the American Indian Movement;
Black Panther Party members, and today Muslims for their faith,
ethnicity, and activism.<br><br>
In their book, "Agents of Repression," Ward Churchill and Jim
Vander Wall wrote:<br><br>
"the term came to signify the whole context of clandestine (often
illegal) political repression activities (including) a massive
surveillance (program via) wiretaps, surreptitious entries and
burglaries, electronic devices, live 'tails' and....bogus mail" to
induce paranoia and "foster 'splits' within or between
organizations."<br><br>
Other tactics included:<br><br>
-- "black propaganda through leaflets or other publications
"designed to discredit organizations and foster internal
tensions;"<br><br>
-- "disinformation or 'gray propaganda' " for the same
purpose;<br><br>
-- "bad-jacketing (to) creat(e) suspicion - through the spread of
rumors, manufacture of evidence, etc. - that bona fide organizational
members (usually leaders) were FBI/police informants," to turn some
against others violently;<br><br>
-- "assassinations (of) selected political leaders," like Fred
Hampton and Mark Clark on December 4, 1969 by Chicago police while they
slept; and<br><br>
-- "harassment arrests (on bogus) charges."<br><br>
In October 1966, Huey P. Newton co-founded the Black Panther Party for
Self Defense (BPP), served as minister of defense with chairman Bobby
Seale, and developed a non-violent social agenda for full employment,
decent housing and education, an end to police brutality, equity and
justice, peace, and other progressive ideals. They believed in the rule
of law, preached it, and struggled to overcome generations of injustice
and discrimination against blacks, other people of color, and
disadvantaged people everywhere.<br><br>
In his 1980 doctoral dissertation titled, "War Against the Panthers:
A Study of Repression in America," Newton: <br><br>
"analyze(d) certain features of the Party," significant
incidents in its history and Washington's response, while "tr(ying)
to maintain an objectivity consistent with scholarly
standards...."<br><br>
Most significant was "How many people's lives were ruined in
countless ways by a government intent on destroying them as
representatives of an 'enemy' political organization." All questions
asked, he said, won't be answered, but he hoped his "inquiry"
would help toward learning "the truth, the whole truth and nothing
but the truth." <br><br>
Each targeted Panther is part of it, including Conway and Fitzgerald. On
August 22, 1989, Newton himself was killed on his home city Oakland
streets.<br><br>
Marshall "Eddie" Conway<br><br>
Detailed information on him can be found at
<a href="http://www.freeeddieconway.org/" eudora="autourl">
www.freeeddieconway.org</a>, headlined "Partnership for Social
Justice (PSJ): Free Marshall "Eddie" Conway & All Political
Prisoners!"<br><br>
After 40 years of injustice, Conway thanked his supporters for trying to
free him through "petition drives, rallies, speaking engagements,
fundraisers, government resolutions, and theater and arts
projects."<br><br>
A US Postal Service employee, Conway was arrested at work on April 26,
1970, the day after two Baltimore police officers were shot in their
patrol car, one killed, the other wounded. An hour later, two BPP members
were arrested, an alleged weapon involved in the shooting was recovered
at the scene, and another officer said he saw a third man near where the
arrests were made.<br><br>
Eddie Conway was named after issuance of a warrant based on information
supplied by an unidentified informant - the commonly used tactic against
innocent activists, targeted for challenging federal or local
institutionalized power.<br><br>
The other men, Jackie Powell and Jack Johnson, were tried and convicted.
Powell later died in prison. Johnson is still incarcerated.<br><br>
The charges came at a time of "considerable media attention focused
on (BPP's) Baltimore Chapter." Included was front-page coverage of
this case, and "a mass arrest of Baltimore Panthers (for another)
purported torture/murder of an informant who participated in local
chapter activities."<br><br>
In that trial, jurors found prosecution witnesses "contradictory and
not credible...." Although a mass arrest was made, one defendant was
acquitted. None of the others were tried, and all those held were
released.<br><br>
Prior to both incidents, FBI agents had targeted Conway, later discovered
through a Freedom of Information Act (FOIA) request. Various letters and
other documents identified him as a BPP member through efforts of a
"highly sensitive source who is of continuous value to the
Bureau" - aka an informant. The same memo confirmed that from
November 1969, the Baltimore Police coordinated BPP surveillance
activities with the FBI.<br><br>
Conway's Trial<br><br>
No physical or other evidence linked him to the officer's killing, and
Conway to this day maintains his innocence. Yet at trial, he was denied
his choice of counsel and right to defend himself, was forced to use a
prosecution appointed attorney, and unwisely chose a political, not a
criminal defense that might have acquitted him. In addition, the lawyer
spent only 45 minutes with him prior to trial, and during proceedings
"often appeared to be intoxicated. (Apparent from the transcript
itself is the lawyer's inadequate and inappropriate demeanor in the
afternoons, following lunch recess.)"<br><br>
The prosecution relied mainly on an informant's testimony, Charles
Reynolds, "placed....in Conway's cell under suspicious circumstances
and against (his) written protests to the guards." He was convicted
for assault, and contrary to Conway's claim, said he confessed. <br><br>
Another officer responding to the shooting provided the only other
evidence, saying he "followed a man who seemed to be acting
suspiciously" near where the suspects were arrested. <br><br>
He identified Conway only after being shown photos, at first recognizing
no one. When given new ones with only Conway's repeated, he picked him. A
more reliable lineup was never used.<br><br>
Charles Reynolds had been imprisoned in Maryland, but at the time was in
Michigan on forgery charges. He had four previous convictions, served
earlier as a police informant, and wrote to Baltimore police from Detroit
offering his testimony again in return for help with Michigan's Parole
Board.<br><br>
Important also was Conway's trial demeanor - a big man with a "huge
Afro" in shackles, using raised-fist salutes to supporters in court,
and refusing to sit at the trial table. In addition, inflammatory
pre-trial media coverage biased sentiment, at the same time BPP members
were getting hostile national coverage.<br><br>
Documents showed COINTELPRO incitement was behind it as part of the
Bureau's scheme to destroy the Panthers. In Baltimore alone, prior to and
during trial, malicious stories were planted in daily newspapers. Jurors
weren't sequestered, so easily could have seen them and perhaps discuss
them with others, regardless of court imposed restrictions.<br><br>
Incarceration after Conviction<br><br>
Conway's been imprisoned since April 1970. Though classified as a medium
security prisoner, he's being held at the Jessup Correctional
Institution, formerly known as the Maryland House of Correction Annex, a
maximum security prison, where at times he's been treated
harshly.<br><br>
In 1974, guards severely beat him, broke his shoulder and jaw requiring
surgery and three months hospitalization. Although he subsequently filed
a civil rights suit, an all-white jury denied him, and the US Court of
Appeals refused to hear his case while acknowledging that "The
severity of the injuries presents a closer question of whether excessive
force was used, amounting to a constitutional deprivation."<br><br>
Throughout his imprisonment, Conway's conduct and accomplishments have
been exemplary. He earned a BS degree in Social Science from Coppin State
College, developed computer expertise, and earned an Associate of Arts
degree in computer science and business studies from Essex Community
College.<br><br>
He was also Penitentiary Library Inmate Coordinator, and won a $350,000
National Endowment for the Humanities grant, then used to produce 50
videotaped "To Say Their Own Words" discussion sessions with
100 prisoners and various authors, recorded over a one year
period.<br><br>
In addition, he provided inspirational leadership to his fellow inmates
by:<br><br>
-- forming the 500 member Maryland Penitentiary United Prisoner's Labor
Union, with labor community support;<br><br>
-- counseling youths at risk for imprisonment in 10 week prisoner
administered sessions;<br><br>
-- chairing the ACLU-affiliated Prison Committee to Correct Prison
Conditions on issues including overcrowding, brutality, and health at the
Maryland House of Corrections; <br><br>
-- forming the Maryland Lifers Association, with chapters in three state
prisons;<br><br>
-- establishing a holiday celebration for black prisoners program with
their families; <br><br>
-- beginning another program to teach prisoners computer usage; <br><br>
-- forming the first ever prison-based Touchstone Project, involved in
weekly classical literature discussions; and <br><br>
-- most recently starting a Friend of A Friend mentoring project,
training prisoners to serve other inmates; and<br><br>
-- working with a local Baltimore WombWork Productions play for the
public titled, "The Birth of Peace." <br><br>
Current Efforts to Free Conway<br><br>
Throughout his imprisonment, Maryland's Parole Board denied him on
executive orders to keep "lifers" in prison, except the aged or
terminally ill. Meanwhile, a habeas petition was sent to Maryland's
Supreme Court to let a Clemency Petition be sent to the governor. The
Baltimore NAACP chapter, various church leaders, and some members of
Maryland's General Assembly, Baltimore City Council, and the community
also voiced support. <br><br>
More recently a federal habeas petition was filed, requesting a review of
state rulings and a new trial, "based on the fact that I did not
receive a fair trial in accordance with both the 6th and 14th
Amendments."<br><br>
After 40 years, Conway remains imprisoned, but hopeful and grateful to
his supporters. In a recent 2010 letter, he reiterated that he was
incarcerated "because of what I believe, not for anything that I
have done," then said he delayed writing pending release of his
book, "The Greatest Threat."<br><br>
It "examines the plight of the Black Panther Party Political
Prisoners/POWs and the role of the FBI's Counter-Intelligence Program in
their imprisonment." In 2011, his next book will be released, titled
"Marshall Law: The Life and Times of a Baltimore Black
Panther."<br><br>
His new legal team is also researching new ways to win his release, long
overdue for an innocent man after 40 years for a crime he didn't
commit.<br><br>
Romaine "Chip" Fitzgerald<br><br>
Detailed information on him can be found at
<a href="http://www.freechip.org/" eudora="autourl">www.freechip.org</a>,
titled "Free Chip Fitzgerald: 40 Years is Enough" for another
innocent man, convicted for crime he didn't commit - now a
"political prisoner, (a) prisoner of war" for his
activism.<br><br>
Fitzgerald belonged to the BPP's Southern California Chapter where a
fellow member, Bruce Richard, called him tireless:<br><br>
"in various capacities in the Westside office....To be a Panther was
a 24/7 commitment, and every single day seemed like weeks due to the
volume of activities during (the) explosive (1969, early 1970s) period.
We were totally consumed in the Party's Free Breakfast Program (what
Hoover most feared because of the community good will it fostered), the
tutorial program, selling Panther papers, political education classes and
other projects. Chip was a favorite of many in the communities we served,
and the children, especially, loved him, reflected in their smiling
little faces when he appeared...."<br><br>
In September 1969, Fitzgerald was wounded and arrested during a police
instigated shoot-out, tried for assault and other related charges,
including Barge Miller's murder, a security guard at Vons Shopping Center
in Los Angeles at 1:42AM. <br><br>
Two men were seen fleeing, a witness, James Coleman, later identifying
Fitzgerald as one of them, even though he said he couldn't see him
clearly. In court, he then admitted he looked different from the man he
identified, and during the investigation, he was shown photos, including
Fitzgerald's, but didn't recognize him.<br><br>
Because of his head wound, Fitzgerald wore a hard to miss two-inch
bandage for close to a month, removing it several days before his October
9, 1969 arrest. Coleman said nothing about it in describing the man he
saw. All the time, Fitzgerald denied being in the vicinity of Vons during
the incident's early morning hours.<br><br>
Nonetheless, at age 19, he was arrested, indicted, tried, convicted, and
sentenced to death despite his innocence, and remains a political
prisoner.<br><br>
In California v. Anderson (1972), the California Supreme Court declared
the death penalty unconstitutional in violation of Eighth Amendment
protection against "cruel and unusual punishments" and the
state's same constitutional ban. Along with 100 others on death row at
the time, his sentence was commuted to life "with" the
possibility of parole.<br><br>
No matter. Unlike most 1972 death row inmates released, Fitzgerald
remains incarcerated, still dedicated to black liberation and all
oppressed people everywhere - why he's still held, of course. At his July
2008 parole hearing, he was challenged for his political views, past and
present, and turned down, the same reason for all his other denials, for
his "revolutionary" beliefs for justice he won't renounce after
a lifetime of support.<br><br>
With the help of his new attorney, Keith Wattley, the Committee to Free
Chip Fitzgerald filed a habeas petition to challenge the Board's
decision. Currently, he's in solitary confinement at Corcoran State
Prison, protesting on a hunger strike to be transfered to the general
prison population, and threatening to stay on it until death if he's
refused. More on that below.<br><br>
Prison authorities are in violation of the US District Court for the
Northern District of California's 2001 order to provide all inmates
proper medical care, Judge Thelton E. Henderson saying:<br><br>
"....it is beyond a reasonable dispute that the State has
failed," in transferring authority to a receiver, J. Clark Kelso, at
the time. He also stated it's:<br><br>
"an uncontested fact that, on average, an inmate in one of
California's prisons needlessly dies every six to seven days due to
constitutional deficiencies in (its) medical delivery
system."<br><br>
In 1998, Fitzgerald suffered a stroke, caused by bleeding in his brain.
He became partly paralyzed, required an intense physical therapy regimen,
and given the absence of treatment, likely spinal and cervical surgery
will be needed. <br><br>
In confinement, his condition continues to worsen. Without treatment, he
risks another stroke, permanent paralysis or death. He reportedly also
suffers from depression. As a result, by refusing food, and apparently
water, he's very much in jeopardy, another victim of America's war
against activism, people of color, and justice.<br><br>
In his own words, he vows to "remain a revolutionary," at the
same time calling the prison system: <br><br>
"a complex, dysfunctional resource-wasting parasite of social
control, political repression and revenge! Human beings are warehoused in
these concrete and steel bunkers that destroy human sensibilities and the
human spirit. (They're) desensitized, (and become) frustrated, angry and
bitter, unprepared to become productive members of society. (It's) why
California's recidivism rate is above 75%."<br><br>
On May 4, the Committee to Free Chip Fitzgerald reported that he ended
his hunger strike after prison officials agreed to free him from solitary
confinement and transfer him to Kern State Valley Prison's general
population where conditions may be better, including access to medical
care. Based on past experience, he wrote: "we'll see."<br><br>
The system is designed to perpetuate itself, to remove political
activists from society, cage them like animals, the result of
"corruption, criminal mismanagement, thievery, (and) brutality"
to deny freedoms and sustain injustice. Fitzgerald and Conway are two of
its victims. Many others are in prison hell with them, America's gulag,
the shame of the nation.<br><br>
A Final Word<br><br>
On December 10, 2008, this writer examined "The Persecution of Syed
Fahad Hashmi," saying:<br><br>
"It's a familiar story. A Muslim American is accused of terrorism
for supporting Al Qaeda and conspiracy to provide support for a Foreign
Terrorist Organization (FTO)....Once again, an innocent man is arrested,
charged, indicted and convicted with no substantiating evidence,"
bogus charges, much of it classified and withheld from the defense.
<br><br>
Witnesses are enlisted to cooperate. Proceedings are orchestrated, and
juries intimidated to convict at the wrong time to be Muslim in America
when we're all equally vulnerable.<br><br>
See the complete article at:
<a href="http://sjlendman.blogspot.com/2008/12/persecution-of-syed-fahad-hashmi.html" eudora="autourl">
http://sjlendman.blogspot.com/2008/12/persecution-of-syed-fahad-hashmi.html</a>
.<br><br>
Held in solitary confinement for three years, facing 70 years
imprisonment if convicted, Hashmi coped a plea for a lesser 15 year
sentence, even though he committed no crimes. Like dozens of others, he
was targeted for their activism, prominence, faith, race, and
ethnicity.<br><br>
Since first arrested in the UK in June 2006, he been brutally treated,
the past three years in merciless solitary confinement at New York's
Metropolitan Correctional Center (MCC), the effects of which harmed his
health, emotional well-being, and spirit enough to accept 15 years in
federal prison despite his innocence.<br><br>
On April 30, Faisal Hashmi said this about his brother:<br><br>
"Earlier this week our beloved son and brother Fahad pleaded guilty
to a single charge of material support for terrorism. He took the plea
after spending four years in prison, three of them in complete isolation.
Fahad's lawyer, David Ruhnke, said (he) "made the best deal that was
available under the circumstances....the government wanted to lock him up
for the rest of his life. They were not successful in that
goal."<br><br>
Though he may be free by age 40, "we are extremely troubled by the
process that has brought us to this point. We are troubled not only for
our family but by the message a case like Fahad's sends to our community.
It disturbs us greatly that a young man known as a pillar of his Queens
community, who worked and studied hard and who, in the tumult of growing
up Muslim in America, choose a path of religious and political activism,
(yet) came to be demonized as an extreme danger to the country he called
home."<br><br>
They bogusly called him a terrorist, tortured him in solitary
confinement, and left him no choice than a one count lesser sentence,
given his prospect of "going before an anonymous jury based in part
on the prosecution's ugly assertion that his friends and family were as
dangerous as they alleged he was."<br><br>
What does this say about a nation that reigns terror on its own?<br><br>
Given the barbarous treatment of innocent people, charging them with
crimes they didn't commit, locking them in federal gulags for political
advantage, and denying some of our most dedicated no chance for justice,
America is no longer fit place to live in. For blacks, Latinos, Native
Americans, the poor and disadvantaged, and today Muslims it never was nor
will be as long as wealth and power trump equity, democratic freedoms,
and principles that have been desecrated from the beginning.<br><br>
Stephen Lendman lives in Chicago and can be reached at
lendmanstephen@sbcglobal.net. Also visit his blog site at
sjlendman.blogspot.com and listen to cutting-edge discussions with
distinguished guests on the Progressive Radio News Hour on the
Progressive Radio Network Thursdays at 10AM US Central time and Saturdays
and Sundays at noon. All programs are archived for easy
listening.<br><br>
<a href="http://www.progressiveradionetwork.com/the-progressive-news-hour/" eudora="autourl">
http://www.progressiveradionetwork.com/the-progressive-news-hour/</a>.<br>
<br>
<i>posted by Steve Lendman @
<a href="http://sjlendman.blogspot.com/2010/05/systemic-injustice-against-two-longtime.html">
3:05 AM</a><br><br>
<br><br>
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