Bail Hearings for SF 8 Progress

Family and community support for SF8

Family, friends, and community demonstrate
support at bail hearings.
(Photo: Scott Braley)
First Four Out on Bail

Harold Taylor was freed on bail September 12!

Ray Boudreaux was freed on bail September 11. Richard O'Neal was freed on bail Wednesday, August 29 and Richard Brown was freed on bail Thursday, August 30.

Bail arrangements are in the final stages for Hank Jones and Francisco Torres. Both are expected to be released in the coming days thanks to numerous supporters who have offered to post property to ensure their future appearances. Unfortunately, neither Herman Bell nor Jalil Muntaqim is eligible for bail even though they are both parole-eligible in New York State. Both have served over 30 years in various prisons for their political ideas, commitments and their participation in the Black Liberation Struggle.

See details below.
Court Update: September 11

20 students from Met West high School in Oakland joined jubilant and now released SF8 defendants Richard Brown and Richard O'Neal and dozens of supporters in the hallway of the SF Courthouse. Many warm embraces were exchanged between the two Richards and supporters who had been corresponding and visiting them at the jail through glass and over jail phones.
Next hearing September 24

The next court date for the SF8 case is set for Monday, September 24th at 9:30 am in Department 23, 850 Bryant Street, 3rd floor.

Outstanding issues regarding discovery, pre-charging delay and demurrers will be calendared. A motion on behalf of Harold Taylor, called a collateral estoppel, is scheduled to be argued. This motion argues for the exclusion of statements made by Harold in New Orleans in 1973 after days of torture. Defense arguments will suggest that issues of double jeopardy also exist as these statements were at issue in another 1970s case which led in Harold's acquittal.
Background: August 22: Bail Reduced!

Addressing a tense courtroom packed with both supporters and police, Judge Philip Moscone electrified supporters when he announced major bail reductions for the six bailable defendants in the SF 8 case:

* Ray Boudreaux: $ 385,000
* Richard Brown: $ 420,000
* Hank Jones: $ 600,000
* Richard O'Neal: $ 200,000
* Harold Taylor: $ 350,000
* Francisco Torres: $ 660,000

Moscone noted that "danger to public safety" was not an issue in his opinion, and arrived at the varying amounts based on 1) the seriousness of allegations against each individual in the Ingleside charge and the overt acts of the conspiracy charge, and 2) likelihood of appearance, noting that all the men have had stable residences for a long time and have strong family and community ties.

Moscone preceded his announcement with the statement that "not everyone" would be happy with what he was going to do. Following the bail announcement, scores of police, including Detective Erdelatz (the SFDP zealot who has pursued the men for three decades) left the courtroom.

Family members and supporters stated that they expected to be able to raise the reduced bails.Bail conditions include surrendering passports, staying in touch with the attorneys, staying away from witnesses (which have yet to be revealed) obeying all laws.
August 21: Bail motion for Harold Taylor

Bail arguments were completed today as Attorney Randy Montesano gave an impassioned presentation in support of Harold Taylor, whom he described as a man of integrity and peace. In addition to detailing the support that Taylor has from the community, Montesano focused on the government’s distortion of the history regarding Taylor, on the significance of torture in his case, and the absurdity of the claim that Taylor and others pose a danger to the community.
Distortion of Los Angeles case

Taylor went to trial in 1976 for a Los Angeles case which the government is now using as part of their current theory of conspiracy. Taylor and others were accused of initiating a shootout with eight police who had stopped their car. However, Taylor testified in court that the opposite was true, and that the police began shooting at the three men in the car and the men had shot back in self defense. The court saw it Taylor’s way and he was acquitted of all charges.
New Orleans and torture

Arrested in Louisiana in 1973 as suspects for the Ingleside police shooting, Harold, along with John Bowman and Ruben Scott, was brutally tortured by the New Orleans police for five days until they signed a pre-written confession. The case was subsequently thrown out of court when the judge recognized that torture had produced the "confessions." Ignoring that court’s ruling, Attorney General David Druliner now suggests that torture never took place. In addition to the legal issues, the result of the torture on Taylor personally has been profound, Montesano stated. Harold suffers from both ongoing back and neck injuries and constant nightmares resulting from PTSD (post traumatic stress syndrome).

The prosecutor’s best question: Montesano noted that nothing Druliner said regarding Taylor and bail made any sense. However, it was extraordinary that Druliner actually asked this question: "If this case is so bad, why is the government pursuing it?" Yes, exactly!

A final note: exiting court, supporter Kiilu Nyasha stated: "Today is August 21. Long live the spirit of George Jackson!"
August 20: Bail motion for Hank Jones

Speaking on behalf of Hank Jones, attorney John Philipsborn introduced Hank's family - his wife, daughters, and sister. He described Hank's history: a San Francisco native, raised under difficult circumstances in a Chinatown Hotel, joined the Marines, fought in Vietnam. In 1968, he became a community activist struggling for fair housing, better schools, and other human rights issues in the Black community. Along with Ray Boudreaux, he was a founder of the Black Student Union at San Francisco State.
The context of the 60's

Addressing the bail issue of "Danger To Society," Philipsborn referred to the extraordinary community support, the volume of letters for Jones and others, but stated that in order to address the legal issues relating to bail, you had to understand the context of the period of 1968-77. 1968 marked the assassination of Martin Luther King, Jr., urban "riots", the height of the Vietnam war, and the end to the Civil Rights movement of the 1960's. Black citizens were harassed, beaten and many were killed by police. It's true, Philipsborn stated, the perception that the police attacked rather than protected the Black Community led to calling them "pigs".
FBI surveillance

Along with other activists, Jones was put under police and FBI surveillance, but was never a member of the Black Panther Party. Nevertheless, because of the repression, Jones feared for the safety of his family and broke ties with them for several years.

Philipsborn noted that the BPP can be compared to the African National Congress in South Africa, i.e., illegal organizations at war with a "legitimate" government, with the ANC banned in South Africa and the BPP made de facto illegal by J. Edgar Hoover's FBI. "What do bail issues mean" Philipsborn asked, "when actions are a result of community perception of being oppressed and marginalized?"
Bail motion for Francisco Torres

Speaking on behalf of Francisco Torres, Chuck Bourdon presented Cisco's family and described his personal history: VISTA volunteer, Vietnam Vet, long time community organizer, and devoted family member. Cisco is loved by his community, and is known as someone who helps everyone. He has been showered with letters of support. Cisco is the primary caretaker of a son with sickle cell anemia, who was too ill to join his family at the hearing today.

Summarizing the bail issue of "flight risk," Bourdon emphasized that the men are not flight risks because the case is totally weak. Previous attempts at prosecution have been thrown out, and there is no new evidence. The men expect to win. One concrete new example of this is that the defense learned today that in contrast to the results of fingerprint tests with "new" techniques that would implicate Cisco, current DNA testing contradicts those results. All of the DNA evidence obtained at the scene does not match any of the eight defendants. Result: No new evidence.
August 8: Bail motion for Richard Brown

Previously, Judge Moscone had announced that he will not make any bail determinations until he has heard all motions for all six of the bail-eligible brothers. Neither Jalil Muntaqim nor Herman Bell is currently bail eligible as they are both still serving New York State sentences.

Richard Mazer, representing Richard Brown presented the case for Richard's bail showing that Richard is not a flight risk due to his very deep community ties and that he is no danger to the community. His many years of devotion to his family and community as well as his service as a Community Court Judge Arbitrator were emphasized to counter the repetitive litany from the prosecutors who claim that the only issue relevant to bail is the "killing of cops."

Attorney Mazer also emphasized that the only government evidence is weak and based on the contradictory and perjurious testimony of Ruben Scott, whose role as a government informant was bought by offers of immunity. Mazer said Richard Brown's incentive to appear is great, just as it was when he and others appeared for the Grand Jury hearings in 2005, because "when the defendant knows the government's case is weak, he has reasons to stick around." Update: Richard Brown released on bail August 30.
Critical medical issues

The most critical situation for Richard Brown is his deteriorating vision. He has lost sight in one eye and has severely reduced vision in the other. Richard was just diagnosed with narrow-angle glaucoma – which if not treated aggressively can lead to total loss of vision. Now that he is out he can schedule surgery and a more proactive treatment regimen.
August 6 – 7: Bail Motions for Ray Boudreaux, Richard O'Neal

Court opened with all defense lawyers arguing that all defendants be present for all legal proceedings. The Attorney General argued that there was no legal requirement given that bail motions were not about legal evidence, rather are about individuals addressing individual bail issues. Judge Moscone ruled that because of a "lack of furniture" to accommodate all eight defendants and because he basically agreed that there were no mutual issues and that counsel representing the absent defendants were present, that only Ray Boudreaux and Richard O'Neal would attend these hearings – as was also the case the previous day. Strenuous objections were made by the defense attorneys.
Recanted "testimony"

James Bustamante, Richard O'Neal's attorney, presented arguments in favor of a reasonable and attainable bail. He, like Michael Burt, Ray Boudreaux's attorney, argued that the only evidence linking Richard to the case were statements made by Ruben Scott whose testimony was proven to be perjurious by two courts in the past. In addition, Scott recanted cooperative testimony by explaining that he was tortured in New Orleans in 1973 along with other Black activists, and he was given complete immunity by a 2004 grand jury in San Francisco for any role he might have played in 1971 connecting him to the death of a San Francisco police officer at the Ingleside Station – this in exchange for further cooperative statements.
Family and community support

Extensive statements were submitted regarding Richard O'Neal's ties to work, community, and family. Many members of his family and friends were present. Testimony was given by a long-time friend, Fannie Sanders, who has known Richard since childhood. Despite being challenged by the Attorney General, Fannie was eloquent and unflappable in her attesting to Richard O'Neal's important role in the community and to his family. The State prosecutor argued to increase bail for most defendants from $3 million to $5 million. Update: Richard O'Neal released on bail August 29.
What evidence?

The crux of the State's arguments and case about bail rests on:

* statements made by and hearsay attributed to Ruben Scott by police investigators;
* the creating of a perception of their danger to the community if released – which remains unsubstantiated;
* government statements about DNA – although reports have never materialized that tie any of the brothers to any forensic evidence and the State has never produced any test results (from tests done over a year ago), creating the impression that the results are exculpatory.

A "gang"?

Arguments made by the State Attorney General claim that the main activities of the eight men were to be part of a "gang" that conspired to attack police officers and that the government's allegations alone are sufficient to deny attainable bail. No arguments were made that Ray Boudreaux or Richard O'Neal would be flights risks, and no substantial arguments were made to support innuendo that they may be a danger to the community today.

In his most egregious argument, the prosecutor likened this case to the recent old-case prosecutions of crimes against Black communities and civil rights leaders in the South. Prosecutor Dave Druliner stated that they (the prosecutors) were just like the guys prosecuting these civil rights cases. But Ray Boudreaux's attorney, Michael Burt, sharply rebutted such claims, explaining that the difference in these Southern cases was that these prosecutions were prevented by institutional racism – by prosecutors' refusal to pursue white supremacists who targeted Blacks.

"Institutional racism didn't prevent this (the SF 8) prosecution for 35 years – what has changed is not the evidence but the will to proceed," said Burt. The FBI has been "dogging all these men with hundreds of agents, pursuing this conspiracy in the hopes that somebody would turn, and they haven't." (And not to speak of COINTELPRO's targeting of the Black liberation movement and its activists.)
Unjustified delay

Michael Burt concluded that the case raises issues of unjustified delays because the State prosecutors have proffered no new evidence, and are relying mainly on statements by and attributed to Ruben Scott, who is not only a victim of torture himself, but has offered contradictory and false statements for years to prosecutors and now serves their purposes once more.
June 18: Bail arguments begin with Ray Boudreaux

A large crowd gathered in front of the San Francisco Courthouse at 850 Bryant Street at 8:00 a.m. Monday morning calling for the release of the SF 8 and the dropping of all charges.

Despite the hearing being delayed, with many supporters having to leave for work or other obligations, the courtroom was packed. The hearing was held in a high-security courtroom in which supporters are separated from the courtroom by a ceiling-high plastic barrier – making it difficult to hear the proceedings and creating the sensation of a caged, dangerous, and criminalized process.
The entire courtroom rose in a show of unity

In a dramatic moment, Michael Burt, the attorney for Ray Boudreaux whose bail reduction motion was to be argued first, asked that the judge acknowledge that people had made a concerted effort to appear in support of a motion to reduce bail for Ray. At that point Burt asked that all those who supported Ray's motion rise – the entire courtroom rose and stood in support of the motion and the SF 8, and remained standing for several minutes.

This show of unity strengthened everyone and gave a great sense of community commitment to the court and the 8 themselves.

Free the San Francisco 8 buttonCommittee for the Defense of Human Rights
P.O. Box 90221
Pasadena, CA 91109

(415) 226-1120
E-mail: freethesf8 [at] riseup [dot] net
About CDHR