Charges dismissed against most SF8 defendantsStory and photos by C. Nellie Nelson
The case against the San Francisco 8 – defendants who have spent the last two and a half years facing controversial old murder charges – was largely dropped today without any of them doing any real time.
Attorney General Jerry Brown’s office had resurrected an old case and charged eight men in the 1971 killing of San Francisco Police Sgt. John Young. The court dismissed the case in 1975 after finding that New Orleans police officers tortured two of the suspects to make them confess. But with federal funding from the Bush Administration, the prosecutors compiled hundreds of thousands of pages of documents, citing fingerprints on a cigarette lighter as a recent development in the case.
And today, the whole ordeal looks like a phenomenal waste of time and taxpayer money.
The SF8 are now grandfathers and some are great-grandfathers. Richard Brown and Richard O’Neal have worked for the city of San Francisco for years. Some of the men have relocated to Southern California and even Florida. Herman Bell and Jalil Muntaqim (formerly Anthony Bottom) have been incarcerated under separate charges, and have earned graduate degrees, tutored and counseled prisoners and worked to organize the Victory Gardens Project, according to supporter and journalist Kiilu Nyasha. Francisco Torres is a Vietnam veteran and until he was extradited for this case, he worked with troubled youth in New York City.
At 8 a.m. today, a crowd of a couple hundred supporters circulated in front of the courthouse chanting “ All of us say torture no more” along with a brass band. Most carried signs with “Drop the charges. Free the SF8” lettered around a red-inked panther. The mood was generally high as supporters had several hints of a positive outcome. “The sun is shining, the band is playing, we’re feeling good,” said attorney Soffiyah Elijah, who is an adviser to the SF8 defense team.
At the first hearings in early 2007, all of the eight men had bail set in the millions of dollars. None could afford that, so they were held at the county jail and appeared in court wearing orange jumpsuits and arm and leg shackles. The court had set up an additional metal detector and bag-search outside the courtroom, though the public had just passed identical screening at the building’s entrance.
The eight and their attorneys eventually got the court to remove the shackles and to drastically lower the bail for the six men who were eligible. At some point the redundant screening disappeared, and today several of the eight joined the procession in front of 850 Bryant.
The SF8 and supporters had another victory last week when Herman Bell of the eight pleaded guilty to voluntary manslaughter charges. Judge Philip Moscone sentenced him to five years probation, to be served concurrently with a sentence Bell is now serving in New York. The San Francisco Chronicle reported that the prosecution was satisfied with the plea, but Bell’s attorney thought that such a light sentence indicated there wasn’t much of a case. Part of the plea agreement was that Bell would not have to testify against the SF8.
When court convened at 9 a.m. today, only the defendants and their counsel were permitted to enter the courtroom. The wide, echoing hallway filled with buoyant supporters socializing. Some thought this was yet another tactic to keep the public at a distance, while others were optimistic that the eight were negotiating an agreement similar to Herman Bell’s.
The latter suspected correctly. Just after 11 a.m., the court allowed the public to file into the courtroom. With the room filled nearly to capacity, the judge and attorneys for both sides discussed a no-contest plea from defendant Jalil Muntaqim. Part of the plea arrangement would dismiss charges against Richard Brown, Henry Jones, Ray Boudreaux and Harold Taylor, but that plea could bring a sentence of two to four years. Lead prosecutor David Druliner urged the judge for a sentence on the long side, calling 12 months in jail “a drop in the bucket.” “Not if you’re the one doing the time,” Judge Moscone countered.
After ensuring that Muntaqim understood the consequences of his plea, Moscone sentenced him to a year of probation to be served concurrently with a sentence he is already serving, along with a year that would be credited to time already served.
As Muntaqim was escorted out the back of the courtroom, he waved to supporters, letting his fingers fold into a raised fist for the briefest moment. As court was dismissed, the room stayed surprisingly quiet as many observers hugged. Several appeared to be fighting back tears.
“It hasn’t really sunk in. So many years,” was the first response of defendant Richard Brown. “The level of respect for Jalil Muntaqim, what he just did, to plead no contest, he did a helluva thing, a gift. He’s just as innocent as we are.”
Mark Goldrosen, Muntaqim’s attorney, was “very happy. It was a fair disposition.” He said the prosecution “acknowledged that their case was so weak.”
The SF Police Officers Association has come out strongly in favor of the attorney general’s decision to prosecute this case, at times fighting with other local labor unions that support the SF8. SFPOA Vice-president Kevin Martin told us of today’s events, “We would equate no contest with a guilty plea.” He notes that this is a situation where both sides are claiming victory, but feels that it brings closure to the Young family, friends and former co-workers. With such a light sentence and insufficient evidence, might they have the wrong man? “There was enough evidence for him to plead no contest,” he said gruffly.
Francisco Torres, the only one of the eight who still faces charges, is scheduled for an August 10 hearing.
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Comments (6)
The bay Guardian complains about a waste of tax payer dollars?
The Bay Guardian was for prop H, that prop attempted to ban hand gun ownership by the citizens of the city.
Of course prop H was overturned by the supreme court costing the city 3/4 of a million dollars in legal fees and payments to the NRA. Leading to tantrums by Guardian favorites Ammiano and Daly.
The costs to the city were ridiculous as anyone with any sense knew that it would be over turned, but there is the odd consideration of rights.
The SF8's rights may well have been abused, although I doubt it, the Bay Guardian openly wanted to take the rights away from law abiding gun owners who had the misfortune of living in the utopian limits of the city of SF.
Posted by glen matlock | July 6, 2009 08:21 PM
thank you for this excellent, thoughtful report. These men are courageous leaders in their communities, and shame on Jerry Brown for pursuing this witch hunt.
Posted by maisha | July 7, 2009 09:15 AM
I AL Sharpton hear where your coming from Maisha.
Posted by AL Sharpton | July 7, 2009 10:09 AM
Glen's comment is hilarious - the Guardian screeching about a "waste of taxpayer dollars" is as absurd as the GOP complaining about budget deficits.
Of course the Guardian is against a "waste of taxpaper dollars" except when it isn't - like with Prop H.
Posted by Shane | July 7, 2009 03:21 PM
Spending money on renewable energy projects, social services, or any productive government action is quite different that prosecuting a flimsy case involving a 38-year-old crime -- or, for that matter, maintaining one of the world's highest per capita prison populations. The Guardian has always promoted the smart use of taxpayer money and opposed wasteful expenditures on the unjust police state and its hunger for retribution. Nothing inconsistent here.
Posted by Steven T. Jones | July 9, 2009 12:04 PM
Spending money on renewable energy projects, social services, or any productive government action is quite different than prosecuting a flimsy case involving a 38-year-old crime -- or, for that matter, maintaining one of the world's highest per capita prison populations. The Guardian has always promoted the smart use of taxpayer money and opposed wasteful expenditures on the unjust police state and its hunger for retribution. Nothing inconsistent here.
Posted by Steven T. Jones | July 9, 2009 12:05 PM