AGONY Prisoner Support Page

March 1, 1999

In Amite, Louisiana on February 23, 1999, District Court Judge Bruce C. Bennett sentenced political prisoner and former Black Panther Albert Woodfox to "natural life" for the 1972 death of prison guard Brent Miller. Bennett sentenced Woodfox in clear violation of international, federal and state laws, furthering the scheme to place a facade of legality on the kidnapping and illegal detention of Woodfox.

At the sentencing hearing Bennett heard arguments on a Motion in Arrest of Judgment, prepared by the Institute for Tsunamic Justice and argued by WoodfoxÕs attorney. The Motion clearly established the basic and fundamental fact that the court was without jurisdiction to try Woodfox.

With contempt for the public outcry demanding that in the interest of justice she not oppose the Motion, the prosecutor and Assistant Attorney General for the State of Louisiana, Julie Cullen, did so in an emotional tirade.
(1) She claimed she could not find any grounds for the Motion in the code. However, the third ground for such a Motion is that "the court is without jurisdiction of the case."
(2) She claimed the original trial judge was not in error when he did not act to declare the 1972 indictment unlawful. Here, Cullen contradicts the history of the case; that same judge quashed identical indictments of WoodfoxÕs three codefendants and was required, by law, to recall WoodfoxÕs case.
(3) She claimed Woodfox waived the courtÕs lack of jurisdiction by not raising the issue. However, he did so for twenty years trying to have his motion to quash addressed.
(4) She claimed, since there is no statute of limitations for murder, prosecution could be brought at any time. However, Louisiana law prohibits trial in capital cases when more than three years have passed since the institution of prosecution.

Bennett accepted CullenÕs "arguments," adding that the issues of the Motion were those of "due process," implying that the issues presented did not attack the jurisdiction of his court. He denied the Motion in Arrest of Judgment and also a Motion for a New Trial prepared by WoodfoxÕs attorneys, in effect stating that justice was served by imprisoning Woodfox in the hole 24 years under charge and without indictment and that a legal and fair trial was conducted 26 years after the incident. Bennett then sentenced Woodfox to life without parole, giving "credit" for time served.

Through their actions, Cullen and Bennett added their names to the long list of Louisiana officials who have conspired to kidnap and illegally detain Albert Woodfox, denying him his rights under the laws and constitution of the state of Louisiana, the laws and constitution of the United States, the Universal Declaration of Human Rights and other
international human rights instruments.

The Institute for Tsunamic Justice intends to continue this struggle and with your support will use this blatant display of racist injustice as a weapon to force the release of Albert Woodfox. Visit our website (www.angelfire.com/md/tsunamicjustice) for more information about Albert WoodfoxÕs case and to watch for further developments.

Here are the basics:

* Albert Woodfox and Herman Wallace were Black Panthers incarcerated in the Louisiana State Penitentiary at Angola. They were known for their actions in support of prisonerÕs rights and humane living conditions. Though they were elsewhere when guard Brent Miller died, they were targeted for prosecution because of their activism. They have been held in the hole for over 20 years in connection with the charge.

* Albert Woodfox was indicted and tried for Brent MillerÕs death in 1972. In 1973 a circuit court judge declared the grand jury that indicted him unconstitutional because it excluded Blacks and women. In 1992, another judge "reversed" the 1972 conviction. In 1993 Albert Woodfox was again unlawfully indicted. In 1996, Albert Woodfox flattened his original sentence and should have been released. Instead, he was illegally detained. In December 1998 he was unlawfully tried.

* Any indictment returned by an illegally impaneled grand jury is a nullity which immediately and unconditionally voids any conviction based upon it. The court has no discretion; it absolutely must correct a void judgment. Any detention based upon a void judgment is illegal.

* No state can detain someone for twenty years prior to prosecuting him/her for a crime without clearly and fatally violating his/her human, constitutional and civil rights. Yet, the state of Louisiana did just that, reindicting Albert Woodfox in 1993 and retrying him in December 1998.

The Institute for Tsunamic JusticeÕs report "Issues of the Albert Woodfox Case" is viewable at their website. The text of the motion and memorandum as provided to Albert Woodfox is also posted on the site. A zip version of the actual motion filed is also available.

You may contact the Institute for Tsunamic Justice at
P. O. Box 91416
Washington, DC 20090
Phone (703) 256-8682
Fax (703) 256-3075
VoiceMail/page (212) 218-2932
Email: TsunamicJustice@hotmail.com

For more information, you may also contact
The Angola Two Support Committee,
P. O. Box 15644
New Orleans, LA 70175
VoiceMail (504) 227-5946
Email: angola2@email.com
(donations may be made payable to "The Angola Two Support Committee")

Write to Albert Woodfox directly at:
Albert Woodfox (B-1)
P. O. Box 250
Amite, LA 70422
(We expect that he will not be at this address much longer. Expect a long delay if his mail is forwaded.)

Write to Herman Wallace directly at his new address:
Herman Wallace, DOC # 76759
CCR L/F #13
Louisiana State Penitentiary
Angola, LA 70712

Free Albert Woodfox!

Free the Angola Two!

Free All Political Prisoners!

Michal Patera Defense Fund

appeal from Jacksonville ABC

On Friday November 27, two members of FSA-IWA were attacked at a Prague nightclub by a gang of 5 neonazi skinheads. After one comrade, S.V., was beaten until unconsciousness the second comrade, Michal Patera, was left to face five skinheads alone. After being injured from the beating Michal fired three rounds from his legally owned handgun hitting the most aggressive skinhead, ending the assault on his life for a moment and giving him an opportunity to escape with his life.

An analysis of this report of the shooting shows the shooting justified. Even though the skinheads may have been unarmed the disparity of force between 5 skinheads against one injured victim with no avenue of escape is unquestionable. One injured person cannot be expected to be able to use anything less than a lethal weapon to defend themselves under these circumstances.

Even though Michal survived the battle on the streets, he now faces the battle in the courts. Michal has been charged with attempted murder motivated by ideological conviction. It is common practice to charge someone with a crime even though the force used was justified. Michal now needs a good legal defense. Jacksonville ABC understands the importance of this because of our own experience.

In 1995 after a raid by a fully armed special unit of the police, we were charged with felony criminal mischief and faced a five year prison sentence. Thanks to the financial support of comrades from all over the world organized by NJ ABC and those Jacksonville ABC members who were not in priosn, we were able to hire a good lawyer and destroy the criminal case that was built against us.

We can all learn from Michal's situation and must prepare to not only defend ourselves in the streets but in the courts too. We may not be able to come up with the resources individually for an expensive court battle but together we can. So please help Michal's defense, you never know when you might need this support yourself.

After the police raid on us we have very visably and vocally advocated our support of lethal force when appropriate. It is for this reason we would like to significantly help Michal. We would like to help organize support and will be setting up an account so North American anarchists and other activists can more easily support this cause. Please make any checks made out to JUSTIN TICHY and send it to the Jacksonville ABC-BG address. Feel free to forward any questions or comments to:

Jacksonville ABC-BG
4204 Herschel St. #20
Jacksonville, FL 32210
jaxabc_bg@hotmail.com

--> Read more about Patera's case

* CHRIS PLUMMER SUPPORT GROUP *
P.O. Box 2774
Virginia Beach, VA 23450
- Saturday, 2 January 1999 -

Support Anarchist and Anti-Racist Prisoner Cris Plummer

...It seems to me that much of the anarchist scene/movement has forgotten the art of acceptance and love and needs to be reminded that it is just that. That should be motivating us... REFUSE, RESIST, EXIST! -- Chris Plummer

SOME BACKGROUND TO CHRIS PLUMMER

Chris Plummer is an anti-racist anarchist activist currently being held captive in the state of Texas. In the late 80's and early 90's, Chris was involved in the squatting movement of New York's Lower East Side. It was during this time that Chris and others founded the United Anarchist Front (UAF), a very close knit group. It was formed in Boston by Chris and a few others. The ideology of the group was influenced, and paralleled with the ideas of Action Directe (of France), and AFL, Animal Liberation Front. The group used direct action to resist the oppression from the ruling class.

At first their actions were fairly scattered, but in a short period they realized they could be highly effective within the nazi/racist scene. What led directly to Chris' arrest happened in 1993. Chris took part in the raid on a house in Houston used by the American Front and the Confederate Hammerskins, fascist groups with a history of extreme violence. Chris broke into the house destroying nazi propaganda. The police found fingerprints that linked them to Chris, and he was arrested later that year. Chris was convicted of "breaking and entering with an intent to burglarize" and sentenced to 15 years, even though the ridiculous charges of attempted murder were brought up. The bogus charges were dropped, however, when Chris couldn't be terrorized into turning in his friends.

ONCE IN PRISON

Chris did not stop his organizing efforts after being imprisoned. The Texas system has a well-justified reputation for being a maelstrom of hate, terror and exploitation. One of the ways that control is maintained by the prison administration is by encouraging conflict between the different prisoners' nationalities/castes, or races. In spite of this environment Chris was able to set up a prisoner organization called Cell One in Huntsville, also home of Texas' notorious Death Row. One of Cell One's main projects was the Texas Prisoners Anarchist Lending Library (TPALL). With materials made available from outside supporters such as "Books-Through-Bars" in Philadelphia and "Break The Chains" in California, the Library made available books, pamphlets and magazines relevant to the struggles of the oppressed for liberation: Black/New Afrikan, Chicano, Native and class struggle histories, anarchist and other revolutionary theory, anti-sexist, anti-racist critiques, etc.

Other projects Chris is working on include:

ANTI-FASCIST PRISONERS NETWORK; THE KENYAN LITERATURE PROJECT, and the UNITED ANARCHIST FRONT PRISONER LEGAL DEFENSE FUND. So Chris is busy doing positive work. These projects are active as of December 1998.

In March of 1997, prison guards raided Chris under the pretense of investigating "gang activity." The guards disposed of the entire library as well as many of Chris' personal possessions.

In May 1997, Chris was transferred to the Hughes Unit in Gatesville,, Texas. Soon after being transferred, Chris found himself in "lock down" (Administrative Segregation) for reasons unknown.

On August 26, again Chris was under attack from the prison staff. This time in retaliation for Chris speaking out in support of another prisoner, Tony Collins, who had just been convicted of possessing a gun. The prison guards had been threatening Mr. Collins' life, not an idle threat in the Texas prisons. After reaching outside support groups and threatened legal action to expose this, the guards seized and destroyed all of his property including important legal material. In his own words:

"On 8/26/97 I was removed from my cell, all my property was torn apart and all of my paper and envelopes were taken from me, about 20 minutes after I was taken out of my cell (this time without any clothing!) I was placed in the shower for approx. 2 hours. Then I was forced to walk (butt ass naked) out of the pod down the hall to F-pod to high precaution cell #76. I was later given a set of clothes and told that the Lt. wanted to speak with me. I was taken down the hall to a room where all my personal property was on a table. A Sgt. told me (with a video camera on) that I was being charged with conspiring to smuggle guns into the prison. This is bullshit."

Since then, Chris had to undergo repeated strip searches and cell searches which meant he was pulled out of his cell 13 times per 8 hr. shift, and in Oct. 1997 he was paid a visit by the Bureau of Alcohol, Tobacco and Firearms (ATF) and was told they would be pressing charges for gun-smuggling. A conviction on these charges would result in 30 to 40 more years of prison.

Chris also has a paid hit on his life by the Aryan Brotherhood, the strongest and most organized racist group in prison. Although Chris is in Admin. Seg., if he were to be let out into the general population of the prison, he would be killed within a week.

Because of pressure from the outside support groups the bogus charges from the ATF have been dropped. Even though the daily harassment still continues, and he and the support group's mail is heavily censored, sometimes not even making it to Chris, or the outside, he continues to do the work necessary to fight fascism, racism, and the imperialist U.S. government that spawn this type of hatred.

As of now Chris has many people who are supporting him, along with a number of support groups. Every one of these individuals/organizations are doing their part to show support for Chris. Chris is doing a lot of work in prison in supporting of the TPALL, and his other support work.

HOW YOU CAN SUPPORT CHRIS PLUMMER

Write to Chris directly to find out what you can do:

Christopher Lee Plummer
#677345 Hughes Unit
Rt. 2 Box 4400
Gatesville, TX 76597

Please write and call the following to show your support for Chris:

Warden Moya
Rt. 2 Box 4400
Gatesville, TX 76597
(254) 865-6663

Wayne Scott
Director, TDC
P.O. Box 99
Huntsville, TX 77342
(409) 295-6371

Because of the difficulties vegans face in prison, it is hard to maintain a proper diet. Therefore, vitamins and alternatives are expensive, and of course prison food sucks. Write to the following addresses if you would like to help Chris out financially, or send donations directly to his support committees to help with his organizing efforts in prison as well as any of his legal battles in the courts. For info. on how to send money to Chris, contact:

Chris Plummer Support Group
P.O. Box 2774
Virginia Beach, VA 23450

Other Organizations who support Chris:

MIND CONTROL
1012 Brodie Street
Austin, TX 78704

A benefit compilation CD to raise money for Chris is almost complete, interested people contact:

BREAK THE CHAINS
P.O. Box 5144
San Luis Obispo, CA 93403

Also if you live on the west coast and have any revolutionary books, zines, or newspapers pertaining to the struggles of the oppressed for liberation, send to the above address in care of the TPALL. Specify on packages that it is for Chris, whereas Chris cannot receive these directly.

For the TPALL on the east coast send to:

Scott/BOOKS THROUGH BARS
4722 Baltimore Ave.
Philadelphia, PA 19143

People interested in the Kenyan Literature Project send inquiries to:

CLAUSTROPHOBIA
P.O. Box 1721
Baltimore, MD 21203
Tel: (410) 243-2925

E-mail: claustro@charm.net
Web: http://www.charm.net/~claustro

Justice for the Chattanooga 3

From Afrikan Frontline NEWSBoard
Posted by Lorenzo Ervin on October 18, 1998

This is a follow-up to the case of the three Black Autonomy brothers arrested in Chattanooga, Tennessee on May 19, 1998 to protest the shooting deaths of two Black men within a week (May 1st and May 8th) by racist city cops. If you will recall, when chattanooga Black Autonomy-Copwatch led a demo at City Hall, we were sold out by the black bourgeois misleaders of the Nation of Islam, NAACP, Black preachers, and Operation PUSH, who had made a secret deal with the cops and politicians. This deal was to effectively silence us, all the while promising that we would get a chance to speak. When we saw through this scam, and rallied the people to demand our right to speak, we were arrested and hauled off to jail.

We were facing six months to five years in jail on charges of "disrupting a meeting" and "incitement to riot." I faced the latter charge, and the case would be handled as a felony with an ehnanced sentencing possibility under Tennessee's "3 strikes and you're out!" statutes.

I am happy to say that although we are still facing time (6 months and a $2,000 fine), I am no longer facing a felony case, and neither Damon or Mikail Musa Muhammad are facing additional charges of resisting arrest for shielding me from the cops while I was at the Speaker's Podium. This comes because of our support campaign, where folks from all over the world rained down e-mail, faxes, angry phone calls, letters, and local protests on local officials. Now, the D.A.'s offfice is talking about a "settlement", and a hearing for that is being held on December 17th. Of course, short of dropping the charges, there will be no "settelment". Why? because the statute is unconsititional on its face, and will be used over and over to crush movements against police brutality. Understand this is the *second* time it has been used against me locally. Over the last five years I have had to raise and spend thousands of dollars, and that is why I am in such bad shape financially now. Also I am *whitelisted* from getting any local employment.

Nevertheless, we must press forward and ask for your continued support. Can you see yourself being arrested and put in prison for six months just for a political demonstration? This is a perversion of the law, and political repression. I guarantee that if we are put away in Tennessee like this, other laws in Georgia, Alabama and New York state (among others) will be used against activists there. You may not like our political views, but the state will crush us all: socialist, Anarchist, Black nationalist and other radicals. This particular case, in a small town, is on its way to the Supreme Court, and one way or another will effect you all. So we will hang together, or they will hang us one-by-one.

WHAT CAN YOU DO TO HELP US?

1. Make a donation to the Chattanooga 3 Legal Defense Fund, #202-39-84, First Tennessee Bank, 701 Market St., Chattanooga, TN 37402

2. Send a letter of complaint to Bill Cox, Hamilton County District Attorney, 3rd Floor, Hamilton County Justice Bldg., Chattanooga, TN 37404 (423) 209-7400

3. Make a complaint to the Mayor, Jon Kinsey, City Hall Complex, 101 E. 11th Street, Chattanooga, TN 37404

4. Join the phone zap to court officials on December 17th. Details will follow.

- Lorenzo Komboa Ervin

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