Blood in the Water

by Thompson, Heather Ann

  28. Ibid.

  29. AAG James Grable, State of New York Organized Task Force Memorandum to AAG Anthony Simonetti, Subject: “Report on Weapons Accountability Investigation—State Police .270 Rifles at Attica. Buffalo Office,” April 8, 1974, in the papers of Elizabeth M. Fink, 5.

  20. STANDING FIRM

  1. “Five Deadly Days,” reprinted from the Democrat and Chronicle (Rochester, New York), Tom Wicker Papers, 24.

  2. Perry Ford, Testimony, McKay Transcript, April 24, 1972, 1456–57.

  3. Rockefeller Administration, Confidential Memo, “Events at Attica: September 8–13, 1971,” 43. Italics are author’s.

  4. This word is underlined in the reproduction of this message to the inmates made by the governor’s office. Rockefeller Administration, Confidential Memo, “Events at Attica: September 8–13, 1971,” 43.

  5. Ibid.

  6. As quoted in: Charles Ray Carpenter, Testimony, McKay Transcript, April 19, 1972, 668.

  7. As quoted in: ibid.

  8. As quoted in: ibid., 669.

  9. Frank Wald, McKay Transcript, April 24, 1972, 1390.

  10. Mariano “Dalou” Gonzalez, Interview by Michael D. Ryan, 31.

  11. Ibid.

  12. When Senator Dunne had learned the night before that the assault on D Yard was to take place the very next morning, “he argued for and obtained a pledge that at 7 a.m., before the resort to violence…one last appeal would be made to the inmates for a settlement.” Tom Wicker, “Nominee Was Burnished by Attica’s Fire,” San Jose Mercury News, January 30, 1990.

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

  14. Ibid.

  15. Arthur Eve, Notes on the day-by-day events of the riot, Tom Wicker Papers, 5012, Series 1.1, Box 2, 4.

  16. As quoted in: Blumenthal, “Dunne Supports Attack on Attica,” New York Times, September 30, 1971.

  17. Tom Wicker, “Transcribed Personal Notes of Events at Attica Prison and Among the Committee of Observers, September 10–13, ’71,” Tom Wicker Papers, 18.

  18. Tom Wicker, Handwritten notes about Monday morning, Tom Wicker Papers, 5012, Series 1.1, Box 2, Folders 12–23.

  19. Ibid.

  20. Rockefeller Administration, Confidential Memo, “Events at Attica: September 8–13, 1971,” 44.

  21. Ibid.

  22. Ibid.

  23. Ibid.

  24. Frank “Big Black” Smith, Testimony, Akil Al-Jundi et al. v. Estate of Nelson A. Rockefeller et al., United States District Court, Western District of New York, Buffalo, New York, No. CIV-75-132, October 22, 1991, 23, in: Deferred Joint Appendix Volume I of VI (Pages A-1–A-687), Herbert X. Blyden, Big Black, Also Known As Frank Smith et al., v. John S. Keller et al., United States District Court for the Western District of New York, August 3, 1999.

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

  26. Ibid. Malcolm Bell questions this assertion.

  27. Jameel Abdul Raheem, Testimony, Akil Al-Jundi et al. v. Estate of Nelson A. Rockefeller et al., United States District Court, Western District of New York, Buffalo, New York, No. CIV-75-132, November 1, 1991, 2121; James Diggs, 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, 4782.

  28. Frank Wald, McKay Transcript, April 24, 1972, 1390.

  29. Ibid., 1355.

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

  31. Ron Kozlowski, Testimony, Attica Task Force Hearing, May 9–10, 2002, 173.

  32. Rockefeller Administration, Confidential Memo, “Events at Attica: September 8–13, 1971,” 47.

  33. “War at Attica: Was There No Other Way?,” Time, September 27, 1971, 24.

  34. Rockefeller Administration, Confidential Memo, “Events at Attica: September 8–13, 1971,” 45.

  35. Ibid.

  36. Michael Smith, Testimony, Attica Task Force Hearing, July 30, 2002, 199.

  37. For material on the Conservation Corps helicopter surveying the scene, see: “A Nation of Law? (1968–1971),” transcript, Eyes on the Prize: America’s Civil Rights Movement, 1954–1985, Public Broadcasting Service, 1987.

  38. Transmitter Log, September 9–13, New York State Police, investigation and interview files, 1971–1972, New York (State), Special Commission on Attica, 15855-90, New York State Archives, Albany, New York.

  39. “Five Deadly Days,” reprinted from the Democrat and Chronicle (Rochester, New York), Tom Wicker Papers, 25.

  40. Eugene Smith, Testimony, Attica Task Force Hearing, July 31, 2002, Albany, New York, 42.

  21. NO MERCY

  1. “Five Deadly Days,” reprinted from the Democrat and Chronicle (Rochester, New York), Tom Wicker Papers, 25.

  2. Ibid.

  3. Roche, Testimony, Akil Al-Jundi et al. v. The Estate of Nelson A. Rockefeller et al., October 31, 1991, 1932. Hostage Michael Smith corroborates that this is indeed what some of the inmates thought. “I recall inmate speculation that it may be an official helicopter making reference to Rockefeller coming to Attica.” See: Michael Smith, Testimony, Attica Task Force Hearing, July 30, 2002, Albany, New York, 200–201.

  4. Roche, Testimony, Akil Al-Jundi et al. v. The Estate of Nelson A. Rockefeller et al., October 31, 1991, 1933.

  5. Ibid.

  6. Decision and Order, Appendix 1, Category One Claimants, Akil Al-Jundi et al. v. Vincent Mancusi et al., United States District Court, Western District of New York, Buffalo, New York, No. CIV-75-132, August 28, 2000, 168.

  7. Raymond Scott, Interview by Laura Hill, Transcript, July 11, 2008, Rochester Race Riots Interviews, Rare Books and Special Collections, University of Rochester, New York, 33.

  8. Quigley Order, Lynda Jones v. State of New York, 96 A.D. 2d 105 (N.Y. App. Div. 1983), August 31, 1982, 46–47.

  9. Governor Nelson Rockefeller and Michael Whiteman, Counsel to the Governor, Proclamation for Immediate Release, September 13, 1971, Nelson A. Rockefeller gubernatorial records, Press Office, Series 25, New York (State), Governor (1959–1973: Rockefeller), Record Group 15, Box 49, Folder 1066, Rockefeller Archive Center, Sleepy Hollow, New York; Governor Nelson Rockefeller and Michael Whiteman, Counsel to the Governor, Executive Order No. 51 for Immediate Release, September 13, 1971, Nelson A. Rockefeller gubernatorial records, Press Office, Series 25, New York (State), Governor (1959–1973: Rockefeller), Record Group 15, Box 49, Folder 1066, Rockefeller Archive Center, Sleepy Hollow, New York; Transmitter Log, September 9–13, New York State Archives.

  10. About half of the troopers sent in to retake Attica did not fire their weapons, which means that the extraordinary barrage of bullets expended that day were fired by a very specific group of men.

  11. Quick, Testimony, Akil Al-Jundi et al. v. The Estate of Nelson A. Rockefeller et al., December 13, 1991, E-8787-E-8788. Also see: Gerard Smith, Testimony, Akil Al-Jundi, et al. v. The Estate of Nelson A. Rockefeller et al., November 19, 1991, 3917.

  12. William K. Dillon, Statement taken by Malcolm Bell, Organized Task Force Offices, Buffalo, New York, April 26, 1974, Erie County courthouse, 77.

  13. Gerard Smith, Testimony recounting testimony given previously on April 2, 1974, Akil Al-Jundi et al. v. The Estate of Nelson A. Rockefeller et al., November 19, 1991, 3920.

  14. Tony Strollo, conversation with author, July 12, 2004.

  15. Captain G. J. Dana, Memorandum to Detail Commander, Subject: “Rifle and Shotgun Accountability—Attica Prison Detail,” New York State Police, Troop A Station Headquarters, September 19, 1971, in the papers of Elizabeth M. Fink, Brooklyn, New York.

  16. Monahan Memorandum to Kirwan, September 19, 1971.

  17. Quigley Order, Lynda Jones v. State of New York, 96 A.D.2d 105 (N.Y. App. Div. 1983), August 31, 1982, 68–69.

  18. Ibid.

  19. Ibid., 56; 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. Also: Russell Oswald, Testimony, Lynda Jones, v. State of New York et al. (Claim No. 54555), State of New York Court of Claims, June 5, 1979, 96.

  20. Tony Strollo, conversation with author, July 12, 2004.

  21. Albert S. Kurek, “The Troopers Are Coming II: New York State Troopers, 1943–1985,” Dee Quinn Miller Personal Papers, 168.

  22. “Five Deadly Days,” reprinted from the Democrat and Chronicle (Rochester, New York), Tom Wicker Papers, 26.

  23. Kozlowski, Testimony, Attica Task Force Hearing, May 9–10, 2002, 175–76.

  24. Ibid., 175–77. Notably, Kozlowski’s injuries nevertheless required thirty stitches and CO Frank Klein’s cut required fifty-two. CO Fred Miller also sustained brain trauma from a hammer hit.

  25. Ibid., 175–76.

  26. It was very clearly a fellow correction officer who had shot Mike Smith, not a state trooper, because “the police did not have machine guns.” See: Malcolm Bell, Testimony, Attica Task Force Hearing, July 30, 2002, Albany, New York, 18.

  27. Michael Smith, Testimony, Attica Task Force Hearing, July 30, 2002, 202.

  28. Michael Smith, Corroborating Testimony, p. 3. Decision and Order, Appendix 4, Akil Al-Jundi et al. v. Vincent Mancusi et al., United States District Court, Western District of New York, Buffalo, New York, No. CIV-75-132, August 28, 2000. Final Summaries.

  29. Michael Smith, Corroborating Testimony, 3. Decision and Order, Appendix 4, Akil Al-Jundi et al. v. Vincent Mancusi et al., August 28, 2000. Final Summaries.

  30. “Five Deadly Days,” reprinted from the Democrat and Chronicle (Rochester, New York), Tom Wicker Papers, 25.

  31. “War at Attica: Was There No Other Way?,” Time, September 27, 1971, 24. Watkins’s story of being saved by the inmate is also in “Convict Saved His Life,” New York Post, September 14, 1971, Dorothy Schiff Papers, Box 4, New York Public Library.

  32. John Hill, Telephone conversation with author, May 31, 2005.

  33. Ibid.

  34. Edward Kowalczyk, also known as Angelo Martin, Affidavit, People of the State of New York v. Shango Bahati Kakawana (Indicted as Bernard Stroble), 407 F.Supp. 411 (1976), October 12, 1974, Ernest Goodman Papers, Accession number 1152, Box 6, Walter Reuther Library.

  35. Decision and Order, Appendix 1, Category One Claimants, Akil Al-Jundi et al. v. Vincent Mancusi et al., August 28, 2000, 184.

  36. Kowalczyk, also known as Angelo Martin, Affidavit, People of the State of New York v. Shango Bahati Kakawana (Indicted as Bernard Stroble), 407 F.Supp. 411 (1976), October 12, 1974, Ernest Goodman Papers.

  37. See videotaped account of assault: “September 9–13, 1971: New York State Troopers Kill 39 Men in Raid to End Attica Prison Uprising,” Democracy Now, September 11, 2003, www.democracynow.org.

  38. Decision and Order, Appendix 1, Category One Claimants, Akil Al-Jundi et al. v. Vincent Mancusi et al., August 28, 2000, 88.

  39. Tony Strollo, conversation with author, July 12, 2004.

  40. Gerard Smith, Testimony, Akil Al-Jundi et al. v. The Estate of Nelson A. Rockefeller et al., November 19, 1991, 3912.

  41. Ibid., 3817.

  42. Gene Anthony Hitchens, Corroborating Testimony, 7. Decision and Order, Akil Al-Jundi et al. v. Vincent Mancusi et al., United States District Court, Western District of New York, Buffalo, New York, No. CIV-75-132, August 28, 2000. Appendix 4.

  43. Ibid.

  44. “A Nation of Law? (1968–1971),” transcript, Eyes on the Prize, 1987.

  45. Jomo Davis, conversation with author, Deerfield Correctional Facility, Capron, Virginia, February 17, 2006.

  46. Carlos Roche, Testimony, Akil Al-Jundi et al. v. The Estate of Nelson A. Rockefeller et al., October 31, 1991, 1937, 1958.

  47. Jameel Abdul Raheem, Testimony, Akil Al-Jundi et al. v. The Estate of Nelson A. Rockefeller et al., November 1, 1991, 2103.

  48. Decision and Order, Appendix 1, Category One Claimants, Akil Al-Jundi et al. v. Vincent Mancusi et al., August 28, 2000, 18.

  49. Ibid., 38.

  50. Ibid.

  51. Ibid., 48.

  52. Ibid., 183.

  53. Ibid., 103.

  54. Ibid., 185.

  55. Gerard Smith, Testimony referencing statement Smith gave in 1974, Akil Al-Jundi et al., v. The Estate of Nelson A. Rockefeller et al., November 19, 1991, 3909.

  56. Decision and Order, Appendix 1, Category One Claimants, Akil Al-Jundi et al. v. Vincent Mancusi et al., August 28, 2000, 186.

  57. Ibid., 19.

  58. Ibid., 32.

  59. As quoted in 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.

  60. As quoted in: ibid.

  61. “The Battle of Attica: Death’s Timetable,” New York Post, September 14, 1971, Dorothy Schiff Papers, Box 4, New York Public Library.

  62. William Maynard, 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. Jomo Joka Omowale reports that it was a CO shooting them in this last incident, Maynard says it was a trooper.

  63. Decision and Order, Appendix 1, Category One Claimants, Akil Al-Jundi et al. v. Vincent Mancusi et al., August 28, 2000, 52.

  64. Ibid., 181.

  65. Dean Wright, Testimony, Attica Task Force Hearing, May 9–10, 2002, 65.

  66. Robert Curtiss, Testimony, McKay Transcript, April 24, 1972, 1327–28.

  67. Larry Lyons and John Stockholm, conversation with author, Lehigh Acres, Florida, July 1, 2005.

  68. Mercurio, Attica Investigation Memorandum to Simonetti, Subject: “Circle Case,” July 26, 1974.

  69. Regarding which troopers shot at prisoners near the hostage circle to protect Christian, see: Attica Investigator Leonard Brown, Testimony, regarding testimony of Arthur Kruk, 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 10, 1972, Wyoming County Courthouse, Warsaw, New York, 2–7. Notably, later investigative interviews with two troopers revealed that they had immediately managed to subdue the prisoner who had attempted to strike Lieutenant Christian, allegedly Tommy Hicks, by knocking him down with the butt of a gun. If that was the case, then the barrage of bullets shot into the hostage circle that killed so many hostages had been completely unnecessary. See: Bell, Testimony, Attica Task Force Hearing, July 30, 2002, 27–28.

  70. Decision and Order, Appendix 1, Category One Claimants, Akil Al-Jundi et al. v. Vincent Mancusi et al., August 28, 2000, 12.

  71. His original words, testifying on behalf of his damages claim on July 5, 2000, were: “I could see all this blood just running out of the mud and water. That’s all I could see.” Judge Michael Telesca referred to this testimony in his summation by saying: “Everywhere he looked he saw only blood and water.” Decision and Order, Appendix 1, Category One Claimants, Akil Al-Jundi et al. v. Vincent Mancusi et al., August 28, 2000, 48.

  72. Attica, film written and directed by Cinda Firestone, April 1974.

  73. Ibid.

  74. Transmitter Log, September 9–13, New York State Police, New York State Archives; 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. Regarding which troopers were shooting into A Yard, see: Dillon, Statement taken by Malcolm Bell, Organized Task Force Offices, Buffalo, New York, April 26, 1974, 54–55.

  75. Dennis Cunningham, Michael Deutsch, and Elizabeth Fink, “Remembering Attica Forty Years Later,” Prison Legal News 22, no. 9 (September 2011).

  76
. Twenty-six died right away and three others clung to life for a few more days before perishing. Rockefeller Administration, Confidential Memo, “Events at Attica: September 8–13, 1971,” 50.

  77. Attica, Firestone, 1974.

  78. As quoted in: McKay Report, 501.

  79. “Names and Badge Numbers of Officers in Hostage,” document, Attica uprising–related documents kept at the Attica Correctional Facility, Attica, New York. Also see: H. Shapiro and M. B. Spoont, Confidential Memo, Attica Investigation, November 1, 1971, in the papers of Elizabeth M. Fink, Brooklyn, New York.

  80. As quoted in: McKay Report, 501.

  81. “Names and Badge Numbers of Officers in Hostage,” document, Attica uprising–related documents kept at the Attica Correctional Facility, Attica, New York.

  82. Dr. Gene Richard Abbott, Testimony, Attica Task Force Hearings, May 9–10, 2002, Rochester, New York, 189–90.

  83. As quoted in: New York State Special Commission on Attica, McKay Report, 501.

  84. “Names and Badge Numbers of Officers in Hostage,” document, Attica uprising related documents kept at the Attica Correctional Facility, Attica, New York.

  85. Rockefeller Administration, Confidential Memo, “Events at Attica: September 8–13, 1971,” 50.

  86. As quoted in New York State Special Commission on Attica, McKay Report, 502–3.

  87. For ballistics concerning Melvin Ware, see: Decision and Order, Appendix 2, Category V Death Claims, Akil Al-Jundi et al. v. Vincent Mancusi et al., United States District Court, Western District of New York, Buffalo, New York, No. CIV-75-132, 113 F.Supp.2d 441 (2000), August 28, 2000, 3. Regarding testimony of Malcolm Hegeman, see: Attica Investigator James Stephen, Testimony, The Additional, Special and Trial Term of the Supreme Court of the State of New York, State of New York Supreme Court: County of Wyoming, Wyoming County Courthouse, Warsaw, New York, October 25, 1972, 7.

  88. Decision and Order, Appendix 2, Category V Death Claims, Akil Al-Jundi et al. v. Vincent Mancusi et al., No. CIV-75-132, 113 F.Supp.2d 441 (2000), August 28, 2000, 5. According to state investigator Malcolm Bell, Donald Girvin admitted shooting this inmate. Bell, Preliminary Report on the Attica Investigation, 19.