Blood in the Water

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by Thompson, Heather Ann




  Praise for Heather Ann Thompson’s

  BLOOD in the WATER

  Winner of the New York State Bar Association’s Outstanding Contribution in the Field of Public Information Award and the Law and Society Association’s J. Willard Hurst Prize

  “Not all works of history have something to say so directly to the present….But there’s nothing partisan or argumentative about Blood in the Water. The power of this superb work of history comes from its methodical mastery of interviews, transcripts, police reports and other documents, covering thirty-five years, many released only reluctantly by government agencies….It’s Ms. Thompson’s achievement, in this remarkable book, to make us understand why this one group of prisoners [rebelled], and how many others shared the cost.”

  —The New York Times

  “A gripping account of what happened at Attica, and chilling from start to finish.”

  —Bloomberg

  “The product of a decade’s deep research, Thompson’s narrative history reveals the root causes, horrific events, and enduring wounds of one of the 1970s’ most violent events.”

  —The Boston Globe

  “A definitive and groundbreaking account…that names for the first time the troopers and guards who shot unarmed inmates…and describes then New York Governor Nelson Rockefeller’s secret meetings to make sure all officials repeated an acceptable narrative.”

  —Newsweek

  “A masterly account….Blood in the Water restores [the prisoners’] struggle to its rightful place in our collective memory.”

  —The New York Times Book Review

  “A master historian discussing her craft and illuminating the crisis of prison reform.”

  —Smithsonian

  “A long, memorable chronicle….Thompson’s capacity for close observation and her honesty [are] impressive.”

  —The New Yorker

  “Thompson fully illuminated the facts….Masterful.”

  —The Nation

  “Anyone needing to be reminded that the problems in America’s prison system date back to long before the War on Drugs may want to pick up Thompson’s history of the infamous 1971 Attica prison uprising. Thompson has drawn on newly unearthed documents and interviews with participants from all sides of the debacle.”

  —The Millions

  “Thompson’s book is a wonder. Her moral perspective admits both prison guard and prisoner to humane understanding. Her prose is lucid. Her eye for detail…is impeccable.”

  —The Washington Spectator

  “Remarkable….This is essential reading.”

  —Washington Missourian

  “Necessary….Riveting….Blood in the Water stands today as the definitive history of the revolt.”

  —The Buffalo News

  “A great accomplishment….Thompson’s definitive account should be read by students, historians, and others who are interested not only in the riot itself, but in these larger subjects, and one more: the capacity of our legal system, after the fact, to right wrongs, and provide at least a modicum of justice.”

  —The National Book Review

  “A must-read.”

  —San Francisco Book Review

  “Writing with cinematic clarity from meticulously sourced material, [Thompson] brilliantly exposes the realities of the Attica prison uprising….Thompson’s superb and thorough study serves as a powerful tale of the search for justice in the face of the abuses of institutional power.”

  —Publishers Weekly (starred review)

  “As powerful a history lesson as you’re likely to encounter. Please read it.”

  —Lexington Herald-Leader

  “[A] real eye-opener for readers whose interest in Attica and knowledge of what happened ended when the headlines receded….Compelling….Sensitive….Impressively authoritative and thoughtfully composed.”

  —Kirkus Reviews (starred review)

  HEATHER ANN THOMPSON

  BLOOD in the WATER

  Heather Ann Thompson is an award-winning historian at the University of Michigan. Her most recent book, Blood in the Water: The Attica Prison Uprising of 1971 and Its Legacy, won the Pulitzer Prize for History, the Bancroft Prize, the Ridenhour Book Prize, the J. Willard Hurst Prize, and an award from the New York City Bar Association and was a finalist for the National Book Award and the Los Angeles Times Book Prize, among other accolades. She is also the author of Whose Detroit?: Politics, Labor, and Race in a Modern American City and the editor of Speaking Out: Activism and Protest in the 1960s and 1970s. She served on a National Academy of Sciences blue-ribbon panel that studied the causes and consequences of mass incarceration in the United States and has given congressional staff briefings on the subject. She has written on the history of mass incarceration and its current impact for The New York Times, Time, The Atlantic, Salon, Newsweek, NBC, Dissent, New Labor Forum, and The Huffington Post, as well as for top scholarly publications.

  www.heatherannthompson.com

  ALSO BY HEATHER ANN THOMPSON

  Whose Detroit?: Politics, Labor, and Race in a Modern American City

  (as editor)

  Speaking Out: Activism and Protest in the 1960s and 1970s

  FIRST VINTAGE BOOKS EDITION, AUGUST 2017

  Copyright © 2016 by Heather Ann Thompson

  All rights reserved. Published in the United States by Vintage Books, a division of Penguin Random House LLC, New York, and distributed in Canada by Random House of Canada, a division of Penguin Random House Canada Limited, Toronto. Originally published in hardcover in the United States by Pantheon Books, a division of Penguin Random House LLC, New York, in 2016.

  Vintage and colophon are registered trademarks of Penguin Random House LLC.

  The Library of Congress has cataloged the Pantheon edition as follows:

  Name: Thompson, Heather Ann, author.

  Title: Blood in the water : the Attica prison uprising of 1971 and its legacy / Heather Ann Thompson.

  Description: New York : Pantheon, 2016. Includes index.

  Identifiers: LCCN 2016000477.

  Subjects: LCSH: Prison riots—New York (State), Attica Prison.

  BISAC: HISTORY/United States/20th Century. LAW/Criminal Law/General. POLITICAL SCIENCE/Political Freedom & Security/Law Enforcement.

  Classification: LCC HV9475.N716 T46 2016. DDC 365/.974793—dc23.

  LC record available at lccn.loc.gov/​2016000477

  Vintage Books Trade Paperback ISBN 9781400078240

  Ebook ISBN 9781101871324

  Cover design by Kelly Blair

  Cover image: Prisoners during the uprising at the Attica Correctional Facility in Attica, New York, on September 1, 1971. AP Photo

  Author photograph © Graham MacIndoe

  www.vintagebooks.com

  v4.1_c1

  ep

  Contents

  Cover

  About the Author

  Also by Heather Ann Thompson

  Title Page

  Copyright

  Dedication

  Epigraph

  Introduction: State Secrets

  Part I: The Tinderbox

  Frank “Big Black” Smith

  1 Not So Greener Pastures

  2 Responding to Resistance

  3 Voices from Auburn

  4 Knowledge Is Power

  5 Playing by the Rules

  6 Back and Forth

  7 End of the Line

  Part II: Power and Politics Unleashed

  Michael Smith

  8 Talking Back

  9 Burning Down the House

  10 Reeling and Reacting

  11 Order Out of Chaos

  12 What’s Going On

  13 Into the Night
/>   14 A New Day Dawns

  Part III: The Sound Before the Fury

  Tom Wicker

  15 Getting Down to Business

  16 Dreams and Nightmares

  17 On the Precipice

  18 Deciding Disaster

  Part IV: Retribution and Reprisals Unimagined

  Tony Strollo

  19 Chomping at the Bit

  20 Standing Firm

  21 No Mercy

  22 Spinning Disaster

  23 And the Beat Goes On

  Part V: Reckonings and Reactions

  Robert Douglass

  24 Speaking Up

  25 Stepping Back

  26 Funerals and Fallout

  27 Prodding and Probing

  28 Which Side Are You On?

  29 Ducks in a Row

  Part VI: Inquiries and Diversions

  Anthony Simonetti

  30 Digging More Deeply

  31 Foxes in the Hen House

  32 Stick and Carrot

  33 Seeking Help

  34 Indictments All Around

  Part VII: Justice on Trial

  Ernest Goodman

  35 Mobilizing and Maneuvering

  36 A House Divided

  37 Laying the Groundwork

  38 Testing the Waters

  39 Going for Broke

  40 Evening the Score

  41 A Long Journey Ahead

  Part VIII: Blowing the Whistle

  Malcolm Bell

  42 Joining the Team

  43 Protecting the Police

  44 Smoking Guns

  45 Going Public

  46 Investigating the Investigation

  47 Closing the Book

  Part IX: David and Goliath

  Elizabeth Fink

  48 It Ain’t Over Till It’s Over

  49 Shining the Light on Evil

  50 Delay Tactics

  51 The Price of Blood

  52 Deal with the Devil

  Part X: A Final Fight

  Deanne Quinn Miller

  53 Family Fury

  54 Manipulated and Outmaneuvered

  55 Biting the Hand

  56 Getting Heard

  57 Waiting Game

  58 A Hollow Victory

  Epilogue: Prisons and Power

  Acknowledgments

  Notes

  For all who were killed at the Attica Correctional Facility more than four decades ago

  William Allen

  Elliot Barkley

  John Barnes

  Edward T. Cunningham

  John D’Arcangelo

  Bernard Davis

  Allen Durham

  William Fuller

  Melvin Gray

  Elmer Hardie

  Robert Henigan

  Kenneth Hess

  Thomas Hicks

  Emanuel Johnson

  Herbert Jones

  Richard Lewis

  Charles Lundy

  Kenneth Malloy

  Gidell Martin

  William McKinney

  Lorenzo McNeil

  Samuel Melville

  Edward Menefee

  Jose Mentijo

  Milton Menyweather

  John Monteleone

  Richard Moore

  Carlos Prescott

  Michael Privitera

  William Quinn

  Raymond (Ramon) Rivera

  James Robinson

  Santiago Santos

  Barry Schwartz

  Harold Thomas

  Carl Valone

  Rafael Vasquez

  Melvin Ware

  Elon Werner

  Ronald Werner

  Willie West

  Harrison Whalen

  Alfred Williams

  And for all who were wounded, maimed, tortured, and scarred on September 13, 1971. A list too long to recount here.

  Detail left

  Detail right

  You have read in the paper all these years of the My Lai Massacre. That was only 170-odd men. We are going to end up with 1,500 men here, if things don’t go right, at least 1,500.

  —ATTICA CORRECTION OFFICER EDWARD CUNNINGHAM

  The officer pulled out a Phillips screwdriver and told the naked inmate to get on his feet or he’d stab the screwdriver into his rectum….Then he just started stabbing him.

  —NATIONAL GUARDSMAN JAMES O’DAY

  You just wake up in the night sweating. It was just so overpowering, to see that much trauma.

  —NEW YORK STATE TROOPER THOMAS CONSTANTINE

  I could see all this blood just running out of the mud and water. That’s all I could see.

  —ATTICA PRISONER JAMES LEE ASBURY

  Introduction

  State Secrets

  One might well wonder why it has taken forty-five years for a comprehensive history of the Attica prison uprising of 1971 to be written. The answer is simple: the most important details of this story have been deliberately kept from the public. Literally thousands of boxes of documents relating to these events are sealed or next to impossible to access.

  Some of these materials, such as scores of boxes related to the McKay Commission inquiry into Attica, were deemed off limits four decades ago—in this case at the request of the commission members who feared that state prosecutors would try to use the information to make cases against prisoners in a court of law. Other materials related to the Attica uprising, such as the last two volumes of the Meyer Report of 1976, were also sealed back in the 1970s. Members of law enforcement fought hard to prevent disclosure of this report in particular. Although a judge has recently ruled that these volumes can now be released to the public, the redaction process that they first will undergo means that crucial parts of Attica’s history will almost certainly remain hidden.1

  The vast majority of Attica’s records, however, are not sealed, and yet they might as well be. Federal agencies such as the FBI and the Justice Department have important Attica files, for example, but when one requests them via the Freedom of Information Act (FOIA), they have been rendered nearly unreadable from all of the redactions. And then there are the records held by the state of New York itself—countless boxes housed in various upstate warehouses that came from numerous sources: the state’s official investigation into whether criminal acts had been committed at Attica during the rebellion, its five years of prosecuting such alleged crimes, and its nearly three decades of defending itself against civil actions filed by prisoners and hostages. In 2006 I was able to get an index of these files, which made clear that this is a treasure trove of Attica documentation: autopsies, ballistics reports, trooper statements, depositions, and more. It constitutes ground zero of the Attica story.2

  Everything that the state holds in these warehouses can also be requested via FOIA, but here as well it is difficult to get documents released. As this book goes to press, and after waiting since 2013 for some explanation of whether my latest FOIA request would net me important documents, I just received word that state officials will not be giving me those materials. I know the items that I requested are there, according to the state’s own inventory, and I also know that I did not ask for any grand jury materials that would be protected, and yet my request is still being denied.

  But thanks to so many who lived and litigated the Attica uprising, as well as so many others who took the time to chronicle or to collect parts of this history in newspapers, in memoirs, and in archives outside the control of the state of New York, I was still able to rescue and recount the story of Attica.

  And, because of two extraordinarily lucky breaks I had while I was trying to write this book, the history you are about to read is one that state officials very much hoped would not be told.

  First, in 2006 I stumbled upon a cache of Attica documents at the Erie County courthouse in Buffalo, New York, that changed everything. I had, for two years, been calling and writing every county courthouse and coroner’s office and munici
pal building in upstate New York in order to find any Attica-related records that had not been placed under lock and key by the Office of the Attorney General or sealed by a judge. I had little to go on in these early years—I didn’t have case numbers to search, I knew few names to inquire about. But one day I hit pay dirt. I was on the phone with a woman from the Erie County courthouse who thought that a bunch of Attica papers had recently been placed in the back room there. They had been somewhere else, but had been moved to the Office of the Clerk, perhaps after suffering some water damage. I headed to Buffalo.

  When I walked into that dim file room at the courthouse I was taken aback. In front of me, in complete disarray on floor-to-ceiling metal shelves, were literally thousands of pages of Attica documents. In this mess was everything from grand jury testimony, to depositions and indictments, to memos and personal letters. Most stunningly, though, I found in this mountain of moldy papers vital information from the very heart of the state’s own investigation into whether crimes had been committed during the rebellion or the retaking of the prison. In short, I had found a great deal of what the state knew, and when it knew it—not the least of which was what evidence it thought it had against members of law enforcement who were never indicted. I took as many notes as I could take, and Xeroxed as many pages as they would let me, and, finally, had much of what I needed to write a history of Attica that no one yet knew.

 

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