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Subject: [Cuba SI] WW:US shelters Haiti Death Squads. Pam Africa. Becker


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subject: WW: US shelters Haiti Death Squads. Pam Africa. Becker
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From: "WW" <[EMAIL PROTECTED]>
Subject: [WW]  U.S. shelters Haitian death squads
Date: Sat, 30 Sep 2000  Via Workers World News Service
Reprinted from the Oct. 5, 2000 issue of Workers World newspaper
-------------------------

More attacks on vote count

U.S. SHELTERS HAITIAN DEATH SQUADS

By G. Dunkel

Over 100 supporters of the Tonton Macoute death squads held
a public meeting in Brooklyn, N.Y., Sept. 10 to promote
former dictator Jean-Claude "Baby Doc" Duvalier as a
candidate in Haiti's November presidential election.

Toto Constant, wanted in Haiti for complicity in the murders
of 3,000 people, lives the peaceful life of a real-estate
broker in Queens.

Still the United States complains that Haiti's May 21
parliamentary elections were "flawed" even as it shelters
some of the most vicious fascists Haiti has ever known.

The Macoutes are a fascist organization that engaged in
torture and murder to repress Haiti's people during the
decades long Duvalier family dictatorship.

Both the New York Daily News and Newsday gave prominent
coverage to the Macoute meeting. The gathering was widely
seen as a maneuver by Duvalier supporters to influence the
elections, rather than a serious bid for Duvalier's return,
which would almost surely ignite a civil war.

During Duvalier's rule and that of his father, over 40,000
Haitians were killed by the Macoutes and billions were
stolen from the national treasury, without the U.S.
government saying more than "tsk-tsk."

Constant was the head of FRAPH, an organization set up by
the Haitian Army to do the work of the Macoutes during the
1991-1994 coup against Aristide. Constant has admitted that
while heading FRAPH he was also on the CIA payroll.

WORKERS, PEASANTS BACK ARISTIDE

Last spring's elections saw 18 of 19 contested seats go to
Ex-President Jean-Bertrand Aristide's Fanmi Lavalas party.
Since Aristide's political strength is based on his support
among the impoverished workers and peasants, Washington
would prefer to see his opponents win.

All summer the United States conducted a political pressure
campaign to force the Haitian election board to count the
May 21 vote the way it feels it should be counted, not as
Haitian authorities consider proper. The U.S. State
Department says it does not consider this to be interference
in the internal affairs of a sovereign nation, but rather
"promoting democracy."

The rule in Haiti is that a candidate needs 50 percent plus
one vote to be declared the winner without a runoff
election. The way this is calculated by the Haitian board of
elections is to take the votes of the top four candidates,
add them up and see if one of the top four has 50 percent
plus one. The U.S. position is that they have to count the
votes of all the candidates.

There were between 15 and 25 candidates for each seat.
Washington's position would have meant 10 runoffs out of 19
seats.

Generally, the people knocked out of the runoffs by this
rule would have been U.S. backed candidates. The opposition
wouldn't have won many, if any, more seats. It would have
cost more, let the U.S. meddle more and frustrated the
people with having to go to the polls again and again.

Both the United States and Canada, Haiti's two largest
foreign aid donors, threatened to cut off assistance if the
vote was not recounted. The Organization of American States
sent a mission to Haiti in early September to add further
pressure for a recount.

The OAS failed to change the tally. So U.S. Ambassador to
the OAS Luis Lauredo announced Sept. 5 that Washington will
send all development aid to private organizations, not to
Haiti's government.

The United States also threatened to withhold hundreds of
millions of dollars in pending loans from international
financial institutions.

Forwarding the aid to private groups allows Washington to
claim that it has not cut off aid to the Western
Hemisphere's poorest country. At the same time it puts
tremendous financial pressure on Haiti.

New York's Haitian community responded strongly Sept. 7.
Hundreds turned out for a street protest to support Haitian
sovereignty from foreign interference while President Ren�
Pr�val gave his address to the United Nations Millennium
Summit.

The increase in world oil costs has hit Haiti hard, abruptly
raising prices for many goods. The sudden spike of
inflation, together with U.S. financial and political
pressure, will make the situation in Haiti even more
unstable.

- END -

(Copyleft Workers World Service: Everyone is permitted to
copy and distribute verbatim copies of this document, but
changing it is not allowed. For more information contact
Workers World, 55 W. 17 St., NY, NY 10011; via e-mail:
[EMAIL PROTECTED] For subscription info send message to:
[EMAIL PROTECTED] Web: http://www.workers.org)


               *********

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subject: WW: Pam Africa legal briefs.
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From: "WW" <[EMAIL PROTECTED]>
Subject: [WW]  Pam Africa calls for action on legal briefs
Date: Sat, 30 Sep 2000 Via Workers World News Service
Reprinted from the Oct. 5, 2000 issue of Workers World newspaper
-------------------------

PAM AFRICA CALLS FOR ACTION
ON LEGAL BRIEFS

By Betsey Piette
Philadelphia

An emergency meeting was held in Philadelphia Sept. 23 to
bring Mumia Abu-Jamal's supporters up to date on recent
developments in his legal case.

On Aug. 7 Federal District Court Judge William H. Yohn Jr.
denied four amicus curiae, or "friend of the court," briefs
filed in support of Abu-Jamal. The decision was without
legal precedent and of great significance, according to Pam
Africa of International Concerned Family & Friends of Mumia
Abu-Jamal. She said the briefs addressed legal issues
crucial to Abu-Jamal's pending review for a new trial.

Africa said that Yohn had not commented when two amicus
briefs were filed earlier this year. One of the briefs was
filed on behalf of the National Lawyers Guild, National
Conference of Black Lawyers and other attorneys' groups. The
other was issued jointly by the NAACP and the Pennsylvania
American Civil Liberties Union.

But it was a different matter when 22 members of British
Parliament and the Los Angeles-based Chicana/Chicano Studies
Foundation submitted two more briefs this summer.

'REVERSE MUMIA'S CONVICTION'

The last two briefs cut straight to the court's denial of
Abu-Jamal's right to self-representation in his 1982 trial,
where he was sentenced to death for the killing of
Philadelphia Police Officer Daniel Faulkner. Supporters of
the award-winning journalist and former Black Panther say
the racist Philadelphia Police Department framed him.

The Chicana/Chicano Studies Foundation brief also presented
evidence, previously unknown to Abu-Jamal and his
supporters, of a conspiracy between court-appointed defense
attorney Anthony Jackson, Judge Albert Sabo and Prosecutor
Joseph McGill. The brief called for Abu-Jamal's conviction
to be reversed.

In refusing the briefs, Yohn said, "I will deny the
petitions as unnecessary and unhelpful, without comment on
the merits of the arguments raised or the merits of the
petitioner's underlying claims."

"He says he didn't look at them, even though these briefs
suddenly seemed to require action," noted Marlene Kamish, an
attorney for the Chicana/Chicano Studies Foundation, at the
Sept. 23 meeting.

"Yohn can't say he looked at a brief raising the issues of
the denial of Mumia's right to self-representation and
Jackson's conspiracy and say it wasn't important, and have
this stand up," she explained.

Kamish said several U.S. Supreme Court decisions had
overturned convictions when the Sixth Amendment right of
self-representation was violated.

She went on to explain that an essential element of any
trial is an adversarial relationship between the defense
attorney and the prosecutor. "It's this conflict that is
supposed to allow the truth to come out. When you don't have
this, you don't have a trial."

DEFENSE COLLABORATION CHARGED

Kamish described transcripts of discussions between Jackson,
Sabo and McGill in the judge's chambers, where they
discussed how to get a conviction that would be protected
from appeal. These transcripts were the basis of the
Chicana/Chicano Studies Foundation brief.

The transcripts also show that Jackson discussed Abu-Jamal's
defense strategy with the prosecutor and the judge, in clear
violation of attorney/client privilege, Kamish said.

The court's refusal to allow Abu-Jamal to represent himself
or to have John Africa as a lay advisor in the courtroom was
addressed in the British Parliament members' brief.

Kamish explained that five months before his own trial, then-
reporter Abu-Jamal had seen MOVE Organization founder Africa
effectively defend himself in federal court and walk out a
free man. When he was in a battle for his own life, Abu-
Jamal fought for the right to have someone he trusted sit
with him to assist his defense.

Sabo denied Abu-Jamal's request to have Africa's assistance.
Instead he appointed Jackson to sit at the defendant's table
and eventually let him take over the case, despite Abu-
Jamal's repeated objections.

"It's often said that the problem is that Jackson was
ineffective," noted Pam Africa. "But actually he was very
effective--only for the prosecution, not for the defense."

Africa and Kamish said Jackson gave no opening statement on
Abu-Jamal's behalf. He failed to subpoena key witnesses,
including Police Officer Wakshul, whose testimony could have
refuted the prosecution's phony "confession" story. He
failed to present any character witnesses during the
sentencing phase that resulted in the death sentence.

CHARACTER WITNESSES

The Chicana/Chicano Studies Foundation brief also presented
compelling testimony from Abu-Jamal's 1995 Post Conviction
Relief Appeal hearings. At that time the defense, now headed
by renowned civil rights attorney Leonard Weinglass,
presented several character witnesses, including late
Pennsylvania State Representative David P. Richardson, whose
testimony should have been grounds for a reversal of the
death sentence. The witnesses all said they had been willing
to testify in 1982, but Jackson never called on them.

So credible was their testimony about Abu-Jamal's
compassionate and non-violent nature that the district
attorney in the appeals hearing conceded it was "not
characteristic" of Abu-Jamal to have committed murder.

Kamish explained that there are no grounds to seek the death
penalty when the defendant has no prior conviction and is
shown to have value to other people, relationships and ties
in the community and a non-violent character.

Sabo, who also presided over the 1995 appeal, "unreasonably
and erroneously" ruled that the mitigation evidence at the
PCRA hearing was "irrelevant," Kamish said, even though the
prosecution conceded its relevance.

In 1982 Sabo engineered a Black woman juror's removal with
Jackson's and McGill's collaboration. That juror was the
only one selected by Abu-Jamal during the two days when he
was allowed to act as his own counsel.

Sabo replaced the woman with a white male who became jury
foreman, although the man admitted three times that he
couldn't be impartial. When Jackson tried to exercise a
peremptory challenge, Sabo denied it, saying, "I select
him." Kamish said, "He had no right whatsoever to put this
man on. Sabo stacked the jury."

Africa and Kamish urged Abu-Jamal's supporters to read all
four amicus briefs and the writ of habeas corpus presented
by Weinglass. An appeal of Yohn's ruling is underway.

The briefs are available on the Web site www.mumia2000.org,
along with instructions on how to support the appeal effort.

- END -

(Copyleft Workers World Service: Everyone is permitted to
copy and distribute verbatim copies of this document, but
changing it is not allowed. For more information contact
Workers World, 55 W. 17 St., NY, NY 10011; via e-mail:
[EMAIL PROTECTED] For subscription info send message to:
[EMAIL PROTECTED] Web: http://www.workers.org)

      ************

from: [EMAIL PROTECTED]
subject:WW: Becker acquitted at Protest Trial
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From: "WW" <[EMAIL PROTECTED]>
Subject: [WW]  Becker acquitted at protest trial
Date: Sat, 30 Sep 2000 Via Workers World News Service
Reprinted from the Oct. 5, 2000 issue of Workers World newspaper
-------------------------

Washington

BECKER ACQUITTED AT PROTEST TRIAL

By Workers World Washington bureau

In an important legal ruling, International Action Center Co-
Director Brian Becker was acquitted of disorderly conduct
and unlawful assembly in the Superior Court of the District
of Columbia Sept. 25. Becker had faced 90 days in jail for
charges stemming from the mass police arrests of
demonstrators in Washington last April 15.

That demonstration was called by the IAC to demand "Shut
down the prison-industrial complex" on the day prior to the
planned protests to "Shut down the International Monetary
Fund and World Bank" April 16-17.

Attorney Mark Goldstone defended Becker. Goldstone, who
represented many of the defendants from the April 15-17
arrests, said to a group of supporters after the trial,
"This was an important victory because the court recognized
that what was at stake was the First Amendment right to
demonstrate.

"This has national implications because it is precisely this
right which we have seen was under attack in Seattle and at
the demonstrations at Philadelphia and Los Angeles in front
of the Republican and Democratic conventions," Goldstone
said.

Becker was acquitted in a ruling by Associate Judge Harim
Puig-Lugo of the Superior Court. Puig-Lugo ruled that the
government had failed to prove its case that the
demonstrators on April 15 and Becker in particular had
engaged in an "unlawful assembly."

On April 15 police illegally closed a whole downtown block
in Washington and arrested 678 demonstrators, tourists,
shoppers and passers-by in what has been described as the
largest act of preventive detention in recent decades in the
United States.

"We were arrested in a planned act of preventive detention
by the police," Becker told Workers World. "They wanted to
put us in jail not because we were breaking a law but
because they wanted to clear the streets prior to the
IMF/World Bank meeting."

While many of the cases stemming from the April 15
demonstration were later dismissed, the Washington district
attorney proceeded with the trial against Becker, who is one
of the named plaintiffs in a class-action lawsuit charging
that the cops and government conspired to violate the
protesters' constitutional rights.

"We believe they proceeded with this trial because they
wanted to get a conviction to defend themselves against the
class-action lawsuit for the unlawful arrests of more than
1,300 people that weekend," Becker charged.

Readers who want to participate in the class-action lawsuit
defending the rights of those arrested April 15-17, as a
witness or potential plaintiff, should go to the Web site
www.justiceonline.org/a16.

- END -

(Copyleft Workers World Service: Everyone is permitted to
copy and distribute verbatim copies of this document, but
changing it is not allowed. For more information contact
Workers World, 55 W. 17 St., NY, NY 10011; via e-mail:
[EMAIL PROTECTED] For subscription info send message to:
[EMAIL PROTECTED] Web: http://www.workers.org) " JC





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