Blood in the Water
Page 81
92. Cook, Testimony, People of the State of New York v. Shango Bahati Kakawana (Indicted as Bernard Stroble), Transcript, 407 F.Supp. 411 (1976), April 21, 1975, Erie County courthouse, 159; also FOIA request #110818, FOIA pp. 001224–001419.
93. Ibid., 39.
94. Ibid., 40.
95. Ibid., 159–60.
96. Ibid., 62, 193.
97. Ibid., 100.
98. Goldstein, “Court Told of Spying on Attica Defense.”
99. Cook, Testimony, People of the State of New York v. Shango Bahati Kakawana (Indicted as Bernard Stroble), Transcript, 407 F.Supp. 411 (1976), April 21, 1975, Erie County courthouse, 177; also FOIA request #110818, FOIA pp. 001224–001419.
100. Ibid., 412; also: Goldstein, “Court Told of Spying on Attica Defense.”
101. Tom Goldstein, “Attica Prosecutor’s Appearance on FBI Issue Put Off by Court,” New York Times, April 29, 1975.
102. Cook, Testimony, People of the State of New York v. Shango Bahati Kakawana (Indicted as Bernard Stroble), Transcript, 407 F.Supp. 411 (1976), April 21, 1975, Erie County courthouse, 818; also FOIA request #110818, FOIA pp. 001224–001419; also: Goldstein, “Court Told of Spying on Attica Defense.”
103. Tom Goldstein, “Judge Rules FBI Did Not Interfere in Attica Defense,” New York Times, May 7, 1975.
104. Tom Wicker, “A Middle Course,” New York Times, April 29, 1975.
105. Bonora and Swanson, Chapter, “Shango: The Anatomy of a Defense.”
106. Ernest Goodman, Taped and transcribed account of Shango trial, undated, Ernest Goodman Papers, Accession number 1152, Box 6, Tape 8, 12, Walter Reuther Library.
107. Indictment #38: Blyden, Champen, Smith, Thompson, Stroble, People of the State of New York v. Shango Bahati Kakawana (Indicted as Bernard Stroble), Transcript, 407 F.Supp. 411 (1976), August 31, 1973.
108. Tom Goldstein, “Wide Impact Seen in Attica Verdict: Some View Acquittal as Sign of Collapse of Prosecution in Four Other Cases,” New York Times, July 13, 1975, 20.
109. Ernest Goodman, Taped and transcribed account of Shango trial, undated, Ernest Goodman Papers, Accession number 1152, Box 6, Tape 9, 10, Walter Reuther Library.
110. 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, Appellate Division, Fourth Department, February 2, 1972, Haywood Burns Papers, Box 4239, Schomburg Center, New York Public Library, 70.
111. Willie Locke, Testimony, People of the State of New York v. Shango Bahati Kakawana (Indicted as Bernard Stroble), Transcript, 407 F.Supp. 411 (1976), June 13, 1975, 2836, 2847.
112. Summary of various statements given by James Holt, Obtained by defense from Rosario and Wade materials, Haywood Burns Papers, Box 4239, Schomburg Center for Research in Black Culture, New York Public Library.
113. Assistant Attorney General Frank Cryan, Department of Law: Attica Investigation Memorandum to Hess and Schwartz File, Subject: “Interview of James Holt,” January 9, 1975, Erie County courthouse.
114. Ibid.
115. T. J. Sullivan, Organized Crime Task Force Memorandum to Robert Fischer, Subject: “Interview of John Flowers on February 18, 1972,” February 22, 1972, Erie County courthouse.
116. James Stephens and Frank Keenan, Organized Crime Task Force Memorandum to Robert Fischer, Subject: “Interview with John Flowers on November 1, 1971,” November 4, 1971. No mention of Stroble then.
117. Flowers, 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, June 11, 1972, 12.
118. Jimmy James Ross, Testimony, People of the State of New York v. Shango Bahati Kakawana (Indicted as Bernard Stroble), Transcript, 407 F.Supp. 411 (1976), July 26, 1973, 35, 39.
119. Mary Breasted, “Attica Witness Tells of Slaying,” New York Times, June 10, 1975.
120. Rubenstein, “Attica, 1971–1975,” 51, 48.
121. Ernest Goodman, Taped and transcribed account of Shango trial, undated, Ernest Goodman Papers, Accession number 1152, Box 6, Tape 10, 1, Walter Reuther Library.
122. Ibid., Tape 10, 2–3.
123. Ibid., Tape 10, 10.
124. Ibid.
125. Willie Locke, Testimony, People of the State of New York v. Shango Bahati Kakawana (Indicted as Bernard Stroble), Transcript, 407 F.Supp. 411 (1976), 2875.
126. Summary of various statements given by James Holt, Obtained by defense from Rosario and Wade materials, Haywood Burns Papers, Box 4239, Schomburg Center for Research in Black Culture, New York Public Library.
127. Ibid.
128. Ernest Goodman, Taped and transcribed account of Shango trial, undated, Ernest Goodman Papers, Accession number 1152, Box 6, Tape 10, 14, 16, Walter Reuther Library.
129. Ibid., Tape 12, 1.
130. Ibid., Tape 12, 3.
131. Rubenstein, “Attica, 1971–1975,” 43.
132. Ibid.
133. Ibid., 44, 47.
134. Ibid., 43.
135. Ibid., 44.
136. Ernest Goodman, Taped and transcribed account of Shango trial, undated, Ernest Goodman Papers, Accession number 1152, Box 6, Tape 12, 17, Walter Reuther Library.
137. Ibid., Tape 5, 3.
138. Ibid.
139. Ibid., Tape 2, 7.
140. Ibid., Tape 13, 4.
141. Ibid., Tape 13, 5.
142. Goodman, Chapter, “Anatomy of a Defense.”
143. Ibid.
144. Ibid.
145. John Edland, Letter to Ernest Goodman, August 20, 1974, Ernest Goodman Papers, Accession number 1152, Box 7, Walter Reuther Library.
146. Ernest Goodman, Taped and transcribed account of Shango trial, undated, Ernest Goodman Papers, Accession number 1152, Box 6, Tape 13, 6, Walter Reuther Library.
147. Ibid.
148. Ibid., Tape 13, 7.
149. Ibid., Tape 13, 9.
150. Ibid.
151. Ibid., Tape 13, 8–9.
152. Goodman, Chapter, “Shango: The Anatomy of a Defense.”
153. Ernest Goodman, Taped and transcribed account of Shango trial, undated, Ernest Goodman Papers, Accession number 1152, Box 6, Tape 13, 10, Walter Reuther Library.
154. Ibid.
155. Rubenstein, “Attica, 1971–1975,” 32.
156. Ibid., 31.
157. Ernest Goodman, Taped and transcribed account of Shango trial, undated, Ernest Goodman Papers, Accession number 1152, Box 6, Tape 12, 5–6, Walter Reuther Library.
158. Ibid., Tape 8, 7.
159. Case Docket, People of the State of New York v. Bernard “Shango” Stroble, Erie County courthouse.
160. Ernest Goodman, Taped and transcribed account of Shango trial, undated, Ernest Goodman Papers, Accession number 1152, Box 6, Tape 13, 15, Walter Reuther Library.
161. Ibid.
162. Ibid.
163. Ibid., Tape 12, 6. A charge of felony murder can be applied when someone is committing a felony and, in the process, someone else dies. Their death does not have to be intentional, and can be accidental, but nevertheless the defendant is liable for that death.
164. Case Docket, People of the State of New York v. Bernard “Shango” Stroble, Erie County courthouse.
165. Ernest Goodman, Taped and transcribed account of Shango trial, undated, Ernest Goodman Papers, Accession number 1152, Box 6, Tape 13, 18, Walter Reuther Library.
166. Ibid., Tape 13, 19.
167. Ibid., Tape 13, 20.
168. Ibid.
41. A LONG JOURNEY AHEAD
1. “Charges Dropped in Attica Deaths,” New York Times, November 14, 1975.
2. For the state of things according to Judge Ball as of November 8, 1974, see: Carmen F. Ball, Letter to Honorable Richard J. Bartlett, Subject: “Status report of cases involved with Attica uprising,” November 8, 1974, Erie County courthouse.
3. Tom Goldstein, “Felony Charges Are Dismissed Against 13 in Revolt at Attica,” New York Times, November 28, 1975, 41.
4. Attica Indictment sheet, December 15, 1972, Erie County courthouse.
5. Judge Carmen Ball, “Status of Outstanding Cases,” Typed Report, January 10, 1975, Erie County courthouse.
6. Ball Letter to Bartlett, Subject: “Status report of cases involved with Attica uprising,” November 8, 1974.
7. Jomo Davis, conversation with author, February 17, 2006.
8. Ibid.
9. Ibid.
10. Indictment no. 5, “Answer in Opposition to defendant’s motion for a separate trial,” undated, People of the State of New York v. Eric Jomo Thompson, Erie County courthouse.
11. Carmen Ball, Memorandum to Blyden, Champen, and Smith, Subject: “Defendants Motion to Dismiss Indictments 38 and 41,” November 13, 1975, Erie County courthouse.
12. Ibid.
13. Elizabeth Gaynes, conversation with author, April 8, 2006.
14. Ibid.
15. Ibid.
16. Jomo Davis, Letter to Rafiki, August 6, 1974, Erie County jail, in: “Awakening of a Dragon,” a booklet outlining Jomo’s political philosophies, publishing some of his letters, and outlining his thoughts on his legal defense, in the papers of Elizabeth M. Fink, Brooklyn, New York.
17. Gaynes, conversation with author, April 8, 2006.
18. Jomo Davis, Letter to the “Reactionary Niggers of Attica,” July 1, 1974, Erie County Jail, in: “Awakening of a Dragon.”
19. Ibid.
20. Ibid.
21. Ibid.
22. Attica Bond to Free Jomo: For the defense of Attica Brother Jomo Omowale Eric Thompson a/k/a Cleveland Davis, Box 620, Ellicott Station, Buffalo, New York, October 31, 1974, in: “Awakening of a Dragon.”
23. Davis, Letter to the “Reactionary Niggers of Attica,” Free Jomo Publicity Booklet, July 1, 1974, Erie County jail.
24. “Motion to dismiss indictment Nos. 38-1973, 39-1972, 41-1973 on grounds of selective enforcement,” People of the State of New York v. Eric Thompson (aka Jomo Davis), New York Supreme Court: Erie County, September 1975.
25. Charles Bradley, conversation with author, Sleepy Hollow, New York, July 15, 2004.
26. Ibid.
27. Jomo Davis, conversation with author, February 17, 2006.
28. Jelinek, Attica Justice, 325.
29. Ibid.
30. Edward M. Wayland, Counsel for Cleveland Jomo Davis, Letter to Helen F. Fahey, Chair, Virginia Parole Board, December 29, 2004, Cleveland Jomo Davis Personal Papers.
31. Ibid.
32. Tom Goldstein, “An Attica Inquiry Yields an Indictment,” New York Times, October 10, 1975.
33. Wayland Letter to Fahey, December 29, 2004, Regarding: “Supplemental Information regarding charges stemming from 1971 Attica uprising.”
34. Jomo Davis, conversation with author, February 17, 2006.
35. Ernest Goodman, Taped and transcribed account of Shango trial, undated, Ernest Goodman Papers, Accession number 1152, Box 6, Tape 10, 10, Walter Reuther Library.
PART VIII · BLOWING THE WHISTLE
42. JOINING THE TEAM
1. Malcolm Bell, updated edition (in draft) of The Turkey Shoot, Chapter 6, 2. In possession of Malcolm Bell.
2. Emerson Moran, aide to Fischer, Notes, State of New York Department of Law, in: Bernard S. Meyer, Final Report of the Special Attica Investigation, October 27, 1975, New York State Archives, 124.
3. Robert Fischer, Letter to Louis Lefkowitz, June 14, 1972, as quoted in: Meyer, Final Report of the Special Attica Investigation, October 27, 1975, New York State Archives, 125.
4. Meyer, Final Report of the Special Attica Investigation, October 27, 1975, New York State Archives, 128.
5. As quoted in: ibid., 6. Also see: Goldman Panel to Protect Prisoners’ Constitutional Rights, Report, New York State Archives.
6. Michael T. Kaufman, “Guard Cites Delay of His Attica Testimony,” New York Times, April 10, 1975.
7. Ibid.
8. Bell, updated edition of The Turkey Shoot (in draft), Chapter 6, 11.
9. Ibid.
10. Ibid., 2.
11. Meyer, Final Report of the Special Attica Investigation, October 27, 1975, New York State Archives, 81.
12. Bell, updated edition of The Turkey Shoot (in draft), Chapter 6, 2.
13. Ibid., Chapter 1, 5.
14. Bell, The Turkey Shoot, 50.
15. Ibid.
16. Investigators M. J. McCarron and J. Stephen, State of New York Organized Crime Task Force Memorandum to Assistant Attorney General Simonetti, Subject: “Sgt. Anthony J. Marchione,” February 16, 1974, in the papers of Elizabeth M. Fink, Brooklyn, New York. Also see: statements of Marchione dated September 15, 1971, and interview done with Marchione by Attica investigator James Stephen. James Stephen, Testimony, Proceedings before the Supplemental Grand Jury of the Additional, Special, and Trial Term, convened pursuant to the order of Governor Nelson A. Rockefeller, Special and Trial Term of the Supreme Court of the State of New York, Appellate Division, Fourth Department, Wyoming County Courthouse, Warsaw, New York, November 7, 1973.
17. Bell, The Turkey Shoot, 143.
18. Correspondence from Malcolm Bell to author, December 5, 2015.
19. Bell, The Turkey Shoot, 112.
20. Investigators McCarron, Dolan, and Peo, State of New York Organized Crime Task Force Memorandum to Anthony Simonetti, Subject: “List of Deceased hostages and inmates, indicating location of wounds and caliber of weapon,” December 20, 1971, in the papers of Elizabeth M. Fink, Brooklyn, New York.
21. Bell, Testimony, Attica Task Force Hearing, July 30, 2002, 44–45.
22. Bell, The Turkey Shoot, 61.
23. FBI Memorandum, October 23, 1971, File: Buffalo 44-592, FOIA request #110818 of the New York State Attorney General’s Office, FOIA p. 000157.
24. Ibid.
25. Bell, updated edition of The Turkey Shoot (in draft), Chapter 6, 5–6.
26. “Attica Assignment Mutual Aid Request form,” Summary of total assignments of Niagara County Sheriff’s office from September 9–13, 1971, September 14, 1971, FOIA request #110818 of the New York Attorney General’s Office, FOIA p. 000152.
27. Ibid.
28. Malcolm Bell, Preliminary Report on the Attica Investigation, January 29, 1975, p. 31. This is the whistle-blowing report that Bell penned and gave copies of to his bosses, Judge Ball, and Governor Hugh Carey only. This document has never been seen by the public. Document located in the Erie County courthouse, Office of the Clerk. Copy in author’s possession.
29. Nick Savino, State of New York Attica Investigation Memorandum to Anthony Simonetti, Subject: “Weapons Accountability,” July 10, 1974, in the papers of Elizabeth M. Fink, Brooklyn, New York.
30. Nevertheless, some links were clear. Investigators, for example, did know which trooper’s pistols had shot prisoner Kenny Malloy and whose had put a .38 bullet into prisoner Willie West, and more. Correspondence from Malcolm Bell to author, December 5, 2015.
31. As quoted in: Meyer, Final Report of the Special Attica Investigation, October 27, 1975, New York State Archives, 9–10. By Malcolm Bell’s count there were 111 shooters, including COs and Park Police.
32. Meyer, Final Report of the Special Attica Investigation, October 27, 1975, New York State Archives, 9–10.
33. Information from Trooper Frank Lavier as described in: Savino, State of New York Attica Investigation Memorandum to Simonetti, Subject: “Weapons Accountability,” July 10, 1974.
34. Bell, The Turkey Shoot, 179.
35. Ibid., 58.
36. Ibid., 59.
37. Malcolm Bell, Affidavit, People of the State of New York v. John Hill, Additional Special and Trial Term of the Supreme Court of the State of New York: County of Erie, Filed June 28, 1978.
38. Sergeant P. S. Chamot, New York State Police Memorandum to Major S. A. Chieco, Director of Training, Subject: “Attica Disturbance—participation
in September 9 through 13, 1971,” State Police Academy, October 5, 1971, in the papers of Elizabeth M. Fink, Brooklyn, New York.
39. Technical Sgt. F. D. Smith, New York State Police Memorandum to Major S. A. Chieco, Director of Training, Subject: “Special Assignment—Attica Correctional Institute September 9 through 14 1971,” State Police Academy, October 6, 1973, in the papers of Elizabeth M. Fink, Brooklyn, New York.
40. Bell, The Turkey Shoot, 259.
41. Malcolm Bell, Affidavit, People of the State of New York v. John Hill, filed June 28, 1978.
42. Ibid.
43. Special Agents Lee Mason and Carl Underhill, FBI Memorandum, October 27, 1971, Attica, New York, Buffalo File 44-592, FOIA request #110818 of the New York State Attorney General’s Office, FOIA p. 000093.
44. Bell, Affidavit, People of the State of New York v. John Hill, filed June 28, 1978.
45. Bell, The Turkey Shoot, 59.
46. Ibid., 61.
47. Ibid., 72.
48. Dr. Warren Hanson, Interviewee #941, Interview by John Stainthorp and Joe Heath, Investigative Report Sheet, November 3, 1974, Ernest Goodman Papers, Accession number 1152, Box 7, Walter Reuther Library. After the retaking, many used the term “executioner” for those prisoners who surrounded the hostages on the catwalk. During the retaking itself, most prisoners saw this as a role they were playing in order to dissuade the state from sending in troopers to retake the prison with force.
49. Bell, Affidavit, People of the State of New York v. John Hill, filed June 28, 1978, 7.
50. When a grand jury votes not to indict someone, they issue a “No Bill.”
51. Bell, The Turkey Shoot, 64.
52. Ibid., 73.
53. Ibid., 107.
54. As quoted in: “Troopers Praised for Attica Action,” New York Times, January 7, 1972.
55. Press Release: “Stafford Assails Attica Indictment,” FOIA request #110797 of the New York State Attorney General’s Office, FOIA p. 000184.
56. Ibid.
57. Francis X. Clines, “Attica Troopers Seek State Aid to Pay for Their Legal Counsel,” New York Times, April 26, 1975.
58. Ibid.
59. Bell, The Turkey Shoot, 92.
60. Ibid.