Blood in the Water

by Thompson, Heather Ann

  40. Wicker, “Transcribed Personal Notes of Events at Attica Prison and Among the Committee of Observers, September 10–13, ’71,” Tom Wicker Papers.

  41. Tiny handwritten note, Tom Wicker Papers, 5012, Series 1.1, Box 2, Folder 15.

  42. Wicker, A Time to Die, 162.

  43. Richard X Clark, The Brothers of Attica (New York: Links Books, 1973), 109.

  44. Wicker, Notes from interview with Roger Champen, undated, Tom Wicker Papers.

  45. Wicker, Testimony, McKay Transcript, April 18, 1972, 470.

  46. Ibid., 469–70.

  47. Wicker, “Transcribed Personal Notes of Events at Attica Prison and Among the Committee of Observers, September 10–13, ’71,” Tom Wicker Papers.

  48. Schwartz, Personal Diary, September 12, 19, 24, 1971.

  49. Wicker, Notes from interview with Roger Champen, undated, Tom Wicker Papers.

  50. Wicker, “Transcribed Personal Notes of Events at Attica Prison and Among the Committee of Observers, September 10–13, ’71,” Tom Wicker Papers.

  51. Ibid.

  52. John Stockholm, conversation with author, July 1, 2005.

  53. Wicker, “Transcribed Personal Notes of Events at Attica Prison and Among the Committee of Observers, September 10–13, ’71,” Tom Wicker Papers.

  54. John Dunne, conversation with author, April 3, 2007.

  55. Wicker, Testimony, McKay Transcript, April 18, 1972, 472.

  56. Ibid.

  57. Wicker, Notes from interview with Roger Champen, undated, Tom Wicker Papers.

  58. As quoted in: Wicker, A Time to Die, 172–73, and as recollected by witnesses testifying before the McKay Commission. See McKay Transcript.

  59. Lewis Steel, conversation with author, April 20, 2004.

  60. Rockefeller Administration, Confidential Memo, “Events at Attica: September 8–13, 1971,” 32.

  61. That Kunstler endorsed the twenty-eight points as the best the prisoners could get is corroborated by a number of sources, including: Arthur Eve, Testimony, Attica Task Force Hearing, July 30, 2002, Albany, New York, 81; Wicker, Testimony, McKay Transcript, April 18, 1972, 473.

  62. Referenced in several different sources. See: Eve, Testimony, Akil Al-Jundi et al. v. The Estate of Nelson A. Rockefeller et al., November 6, 1991; Lewis Steel, conversation with author, April 20, 2004; Wicker, A Time to Die.

  63. As quoted in Wicker, A Time to Die, 174. There is some discrepancy whether it was Eve or Kunstler that announced Quinn’s death. Although Eve claims that it was his job to tell the inmates this news and that he was the one who in fact told them, all other witnesses say that it was Kunstler. See: Eve, Testimony, Akil Al-Jundi et al. v. The Estate of Nelson A. Rockefeller et al., November 6, 1991, 2763–64.

  64. Charles Ray Carpenter, Testimony, McKay Transcript, April 19, 1972, 663.

  65. Eugene Smith, Testimony, Attica Task Force Hearing, July 31, 2002, 40.

  66. Wicker, A Time to Die.

  67. Oswald, Testimony, Akil Al-Jundi et al. v. The Estate of Nelson A. Rockefeller et al., read posthumously into the record on January 2, 1992, 10828.

  68. Ibid.

  69. Official Call Log, Headquarters, New York State Police, Albany, 13.

  70. Clark, The Brothers of Attica, 114.

  71. June Fargo, Testimony, Attica Task Force Hearing, May 9–10, 2002, Rochester, New York, 118.

  72. As quoted in: “Five Deadly Days,” reprinted from the Democrat and Chronicle (Rochester, New York), Tom Wicker Papers.

  73. As quoted in: Paul Jayes, “Kunstler’s Arrival Welcome Break in Dull ‘Siege of Attica,’ ” Senator Jacob A. Javits Collection, Special Collections and University Archives, Frank Melville Jr. Memorial Library, Stony Brook University, Stony Brook, New York.

  74. Official Call Log, Headquarters, New York State Police, Albany, 13.

  75. John and Mary Stockholm, conversation with author, Lehigh Acres, Florida, July 1, 2005.

  76. Ibid.

  77. Ibid.

  78. Ibid.

  79. As quoted in: “Five Deadly Days,” reprinted from the Democrat and Chronicle (Rochester, New York), Tom Wicker Papers.

  80. Jack Slater, “Three Profiles in Courage: Mothers Overcome Grief at Deaths of Their Children,” Ebony, March 1973.

  81. Attica Brothers Legal Defense, “Fighting Back! Attica Memorial Book, 1974” (Buffalo, New York), 90.

  17. ON THE PRECIPICE

  1. Copy of statement in: McKay Commission Papers, 15855–90, Box 84, New York State Archives, Albany, New York. Also as quoted in Tom Wicker, A Time to Die: The Attica Prison Revolt (New York: Quadrangle/New York Times Books, 1975), 192.

  2. Tom Wicker Papers, 5012, Series 1.1, Box 2, Folder 15.

  3. Ibid.

  4. Attica Reporter’s Notebook (4x8), Tom Wicker Papers.

  5. Ibid.

  6. Rockefeller Administration, Confidential Memo, “Events at Attica: September 8–13, 1971,” 34.

  7. Attica Reporter’s Notebook (4x8), Tom Wicker Papers.

  8. Ibid.

  9. John Dunne, Transcription of notes taken in observers meetings, FOIA request #110818 of the New York State Attorney General’s Office, FOIA p. 001646.

  10. Attica Reporter’s Notebook (4x8), Tom Wicker Papers.

  11. Ibid.

  12. Ibid.

  13. Ibid.

  14. Ibid.

  15. Ibid.

  16. Ibid.

  17. Ibid.

  18. Ibid.

  19. Ibid.

  20. Ibid.

  21. Ibid.

  22. Ibid.

  23. Ibid.

  24. Ibid.

  25. Ibid.

  26. Ibid.

  27. As quoted in: Wicker, A Time to Die, 208.

  28. As quoted in: ibid., 209.

  29. As quoted in: ibid., 212.

  30. Rockefeller Administration, Confidential Memo, “Events at Attica: September 8–13, 1971,” 35.

  31. Richard X Clark, The Brothers of Attica (New York: Links Books, 1973), 116–17.

  32. Arthur Eve, Testimony, Attica Task Force Hearing, July 30, 2002, 82.

  33. Tom Wicker, Testimony, McKay Transcript, April 18, 1972, 485.

  34. As quoted in: Wicker, A Time to Die, 217.

  35. As quoted in: The Nation, January 24, 1972.

  36. As quoted in: Wicker, A Time to Die, 217.

  37. Transmission over police radio, 9:40 p.m., September 10, 1971, New York State Police Radio Log, Albany, New York, in the papers of Elizabeth M. Fink, Brooklyn, New York.

  38. Rockefeller Administration, Confidential Memo, “Events at Attica: September 8–13, 1971,” 34.

  39. Russell Oswald, Attica—My Story (New York: Doubleday, 1972), 239.

  40. Eve, Testimony, Attica Task Force Hearing, July 30, 2002, 83.

  41. As quoted in: Wicker, A Time to Die, 228.

  42. As quoted in: ibid., 231.

  43. For a full transcript of the hostage interviews, see: “Attica Tape (found at conference table),” transcript, investigation and interview files, 1971–1972, New York (State), Special Commission on Attica, 15855-90, Box 84, New York State Archives, Albany, New York.

  44. Ibid.

  45. “Speeches Made in D Yard. Sunday, September 12, 1971,” March 3, 1972, investigation and interview files, 1971–1972, New York (State), Special Commission on Attica, 15855-90, Box 84, New York State Archives, Albany, New York, 3. Also as quoted in: Wicker, A Time to Die, 235.

  46. “Attica Tape (found at conference table),” transcript, New York State Archives.

  47. The quoted toll at My Lai is not accurate but his point was about the possibility of a massacre at Attica. “Speeches Made in D Yard, Sunday, September 12, 1971,” New York State Special Commission on Attica, March 3, 1972, 4–5. Also as quoted in: Wicker, A Time to Die, 236–37; “Attica Tape (found at conference table),” transcript, New York State Archives.

  48. “Speeches Made in D Yard, Sunday, September 12, 1971,” March 3, 1972, New York State Archives, 4–5. A
lso as quoted in: Wicker, A Time to Die, 236–37; “Attica Tape (found at conference table),” transcript, New York State Archives.

  49. As quoted in: Wicker, A Time to Die, 237.

  50. As quoted in: ibid.

  51. As quoted in: ibid., 246.

  52. “WBAI Transcript of Speeches Made in D Yard,” March 6, 1972, 43.

  53. For the identity of this man, see: “Speeches Made in D Yard, Sunday, September 12, 1971,” New York State Special Commission on Attica, March 3, 1972, 33. Also as quoted in: Wicker, A Time to Die, 247.

  54. As quoted in: Wicker, A Time to Die, 241.

  55. “Speeches Made in D Yard, Sunday, September 12, 1971,” New York State Special Commission on Attica, March 3, 1972, 28; “WBAI Transcript of Speeches Made in D Yard,” March 6, 1972, 41.

  56. Wicker, Testimony, McKay Transcript, April 18, 1972, 491.

  57. As quoted in: Wicker, A Time to Die, 250.

  58. “WBAI Transcript of Speeches Made in D Yard,” March 6, 1972, 28.

  59. Ibid.

  60. As quoted in: “Five Deadly Days,” reprinted from the Democrat and Chronicle (Rochester, New York), Tom Wicker Papers.

  61. As quoted in: ibid.

  62. As quoted in: ibid.

  63. As quoted in: ibid.

  64. Mary Stockholm, Testimony, Attica Task Force Hearing, May 9–10, 2002, Rochester, New York, 18.

  65. As quoted in: “Five Deadly Days,” reprinted from the Democrat and Chronicle (Rochester, New York), Tom Wicker Papers. Also see: John Stockholm, Testimony, Attica Task Force Hearing, May 9–10, 2002, Rochester, New York, 11.

  66. Tom Wicker, “4 Days of Attica Talks End in Failure,” New York Times, September 14, 1971.

  67. Oswald, Attica—My Story, 246.

  68. Ibid.

  18. DECIDING DISASTER

  1. Robert D. Quick, Testimony, Akil Al-Jundi et al. v. The Estate of Nelson A. Rockefeller et al., United States District Court, Western District of New York, Buffalo, New York, No. CIV-75-132, December 13, 1991, E-8702.

  2. Albert S. Kurek, “The Troopers Are Coming II: New York State Troopers, 1943–1985,” Dee Quinn Miller Personal Papers, 166, 167.

  3. Technical Sergeant F. D. Smith, New York State Police Memorandum to Major Sergeant Chieco, Subject: “Special Assignment—Attica Correctional Institute,” September 9–14, 1971, in the papers of Elizabeth M. Fink, Brooklyn, New York.

  4. Governor Nelson Rockefeller, Statement for Immediate Release, September 12, 1971, Nelson A. Rockefeller gubernatorial records, Press Office, Series 25, New York (State), Governor (1959–1973: Rockefeller), Record Group 15, Box 49, Folder 1065, Rockefeller Archive Center, Sleepy Hollow, New York.

  5. Charles “Flip” Crowley, Testimony, In the Matter of the Additional, Special and Trial Term of the Supreme Court of the State of New York, Designated Pursuant to the Order of the Appellate Division, Fourth Department. County of Wyoming, May 24, 1972, 17.

  6. Charles Ray Carpenter, Testimony, McKay Transcript, April 19, 1972, 639.

  7. Clarence Jones, conversation with author, April 21, 2005. Also see coverage of John Dunne’s views. Dunne reportedly “said he believed the final decision was not dictated by the governor but, rather, it was arrived at by his chief aide and counsel, Robert R. Douglass and Commissioner Oswald.” Ralph Blumenthal, “Dunne Supports Attack on Attica: But Senator Says That Governor Should Have Gone There,” New York Times, September 30, 1971.

  8. Rockefeller Administration, Confidential Memo, “Events at Attica: September 8–13, 1971,” 37.

  9. Ibid., 38.

  10. Ibid., 39.

  11. McKay Report, 342.

  12. In a 1991 article, reporter John O’Brien wrote that “in retaking Attica, state police disregarded a preset plan for regaining control of a prison rebellion. The plan, Operation Plan Skyhawk, called for the National Guard to retake the prison with minimal violence, and prohibited the type of weaponry used at Attica.” See: John O’Brien, “The Scars of Attica,” The Post-Standard (Syracuse, New York), September 3, 1991.

  13. Vincent Mancusi, Testimony, McKay Transcript, New York City, April 28, 1972, reproduced in: 90-2287, 2289, 2291, Plaintiff-Appellees’ Appendix, 2408, in the papers of Elizabeth M. Fink, Brooklyn, New York.

  14. Francis X. Clines, Joseph Lelyveld, Michael Kaufman, and James Marham, “The Attica Revolt: Hour-by-Hour Account Traces Its Start to Misunderstanding,” New York Times, October 4, 1971, Julius Epstein Collection, Box 16, “Attica” folder, Hoover Institution Archives, Stanford, California.

  15. As quoted in: McKay Report, 329.

  16. Clines et al., “The Attica Revolt: Hour-by-Hour Account Traces Its Start to Misunderstanding.”

  17. Quigley Order, Lynda Jones v. State of New York, 96 A.D.2d 105 (N.Y. App. Div. 1983), August 31, 1982, 49–50.

  18. Robert Quick, questioned by attorney Elizabeth Fink, Akil Al-Jundi et al. v. The Estate of Nelson A. Rockefeller et al., United States District Court, Western District of New York, Buffalo, New York, No. CIV-75-132, December 13, 1991, E-8758.

  19. O’Brien, “The Scars of Attica.”

  20. Nelson A. Rockefeller, Deposition, Lynda Jones, Individually and as administratrix of the estate of Herbert W. Jones, Jr. v. State of New York et al. (Claim No. 54555); and Elizabeth M. Hardie, Individually and as administratrix of the estate of Elmer S. Hardie v. State of New York et al. (Claim No. 54684), State of New York Court of Claims, April 22, 1977, 47.

  21. Herbert Blyden, Speech, Transcript, September 12, 1971, investigation and interview files, 1971–1972, New York (State), Special Commission on Attica, 15855-90, Box 84, New York State Archives, Albany, New York.

  22. Ibid.

  23. Michael Smith, conversation with author, August 10, 2004.

  24. Tom Wicker, Notes from interview with Roger Champen, undated, Tom Wicker Papers.

  25. Arthur Eve, Account of the Attica rebellion, Tom Wicker Papers, 5012, Series 2.2, Box 15, Folder 146.

  PART IV · RETRIBUTION AND REPRISALS UNIMAGINED

  1. Tony Strollo, conversation with author, Albany, New York, July 12, 2004.

  2. Ed Hale, “Ex-Trooper, Gun Expert Recalls Horror of Attica,” Times Adirondack, October 30, 1988.

  3. Tony Strollo, conversation with author, Albany, New York, July 12, 2004.

  19. CHOMPING AT THE BIT

  1. “Five Deadly Days,” reprinted from the Democrat and Chronicle (Rochester, New York), Tom Wicker Papers, 23.

  2. Russell Oswald, Interview by Walter Cronkite, transcript, “Oswald and Attica,” New York Post, September 25, 1971, Dorothy Schiff Papers, Box 4, New York Public Library.

  3. Ibid.

  4. Ibid.

  5. Tom Wicker, “Nominee Was Burnished by Attica’s Fire,” San Jose Mercury News, January 30, 1990.

  6. Rockefeller Administration, Confidential Memo, “Events at Attica: September 8–13, 1971,” 39.

  7. Rockefeller Administration, Confidential Memo, “Events at Attica: September 8–13, 1971,” 39.

  8. Captain A. T. Malovitch, Memorandum to Major John Monahan, Subject: “Attica Prison Disorder,” September 21, 1971, in the papers of Elizabeth M. Fink, Brooklyn, New York.

  9. Live Broadcast Script, WROC-TV, September 13, 1971. WROC-TV was the flagship station in Rochester in 1971.

  10. Monahan Memorandum to Kirwan, September 19, 1971; Rockefeller Administration, Confidential Memo, “Events at Attica: September 8–13, 1971,” 42.

  11. Daniel Callaghan, conversation with author, New Port Richey, Florida, July 5, 2005. For more on Operation Plan Skyhawk, also see: McKay Report, 364.

  12. Gerard Smith, Testimony, Akil Al-Jundi et al. v. The Estate of Nelson A. Rockefeller et al., United States District Court, Western District of New York, Buffalo, New York, No. CIV-75-132, November 19, 1991, 4023.

  13. John Kifner, “Four Kent State Students Killed by Troops,” New York Times, May 4, 1970.

  14. Arthur Eve, Interview by Christine Christopher, November 12, 2011, Criminal Injustice:
Death and Politics at Attica, Blue Sky Project (2012), transcribed by Diane Witzel.

  15. Callaghan, conversation with author, July 5, 2005.

  16. Ibid.

  17. Ibid.

  18. Vincent Mancusi, Testimony, The Additional Special and Trial Term of the Supreme Court of the State of New York designated pursuant to the Order of the Appellate Division Fourth Department, dated November 1, 1971, Proceedings Before the Grand Jury, State of New York Supreme Court: County of Wyoming, August 15, 1972, 77–78, included in: Akil Al-Jundi et al. v. The Estate of Nelson A. Rockefeller et al., Plaintiff’s-Appellant Brief Index, 90-2287, 2289, 2291, United States Court of Appeals for the Second Circuit.

  19. Ibid.

  20. Robert Quick, Testimony, Akil Al-Jundi et al. v. The Estate of Nelson A. Rockefeller et al., December 13, 1991, E-8729.

  21. There is some discrepancy regarding the exact number of troopers to be used in the assault between the notes compiled for the governor’s office and memos later circulated by the New York State Police. See: Captain A. T. Malovich, Memorandum to Troop Commander, Troop A, Subject: “Attica Detail—September 13, 1971,” September 17, 1971, in the papers of Elizabeth M. Fink, Brooklyn, New York.

  22. McKay Report, 351.

  23. Gerard Smith, Testimony, Akil Al-Jundi et al. v. The Estate of Nelson A. Rockefeller et al., November 19, 1991, 3943, 4028.

  24. There was so much finger-pointing after the retaking of Attica regarding why highly emotional correction officers had participated in the retaking that it is hard to sort out exactly what directive had been given them by Vincent. After the retaking, the governor’s office claimed that it had been crystal clear with Vincent that his men were not to participate, and in turn Vincent insisted that he instructed his men of this fact, but there is no corroborating evidence that he in fact did spell this out for them.

  25. Vincent Mancusi, Testimony, Akil Al-Jundi et al. v. The Estate of Nelson A. Rockefeller et al., December 17, 1991, 9537.

  26. Sue Lyons, conversation with author, Lehigh Acres, Florida, July 1, 2005. In 1971 she was married to another correction officer named Roger.

  27. “Five Deadly Days,” reprinted from the Democrat and Chronicle (Rochester, New York), Tom Wicker Papers, 23.