Blood in the Water

by Thompson, Heather Ann

  61. Ibid., 93.

  62. Charles Bradley was one of the prosecutors soon thereafter arguing the state’s ill-fated case against Shango.

  63. Bell, The Turkey Shoot, 142.

  64. Ibid.

  65. Ibid., 119.

  66. Ibid.

  67. Edward Vincent Qualey, 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, June 13, 1974, Erie County courthouse.

  68. Ibid.

  69. Bell, The Turkey Shoot, 152.

  70. Ibid., 147.

  71. Ibid., 88–89.

  72. “A 16-Year Political Career with White House in Mind,” New York Times, December 20, 1974.

  73. Nelson A. Rockefeller Vice Presidential Confirmation Hearings, Senate, 93rd Cong., 2nd sess., Congressional Record 120 (September 23–26, 1974), 295–349, 533–45, 631–73.

  74. Ibid., 546–84.

  75. Haywood Burns, Legal Coordinator, Attica Brothers Legal Defense, Statement, ibid., 424.

  76. Angela Davis, Co-Chairperson of the National Alliance Against Racist and Political Oppression, Statement, ibid., 349.

  77. Ibid.

  78. Ibid.

  43. PROTECTING THE POLICE

  1. Bernard S. Meyer, Final Report of the Special Attica Investigation, October 27, 1975, New York State Archives, as quoted in: Malcolm Bell, Affidavit, In the Matter of the Application of Hugh L. Carey, Governor of the State of New York, for a judicial determination as to the publication of Volumes 2 and 3 of the Final Report of Bernard S. Meyer, Special Deputy Attorney General, evaluating the conduct of the investigation by the Special Prosecutor into the retaking of Attica Correctional Facility on September 13, 1971, and related events subsequent thereto, State of New York Supreme Court: County of Wyoming, Index No. 15062, filed October 25, 2013, decided April 24, 2014.

  2. Malcolm Bell, The Turkey Shoot, 185.

  3. Malcolm Bell, Affidavit, In the Matter of the Application of Hugh L. Carey, for a judicial determination as to the publication of Volumes 2 and 3 of the Final Report of Bernard S. Meyer, Index No. 15062, filed October 25, 2013, decided April 24, 2014.

  4. Bell, The Turkey Shoot, 175.

  5. Malcolm Bell, Preliminary Report on the Attica Investigation , 27.

  6. Bell, The Turkey Shoot, 218.

  7. Bell, Preliminary Report on the Attica Investigation, 49.

  8. Ibid., 41.

  9. Assistant Attorney General James Grable, State of New York Organized Crime Task Force Memorandum to Assistant Attorney General Anthony G. Simonetti, Subject: “Report of Weapons Accountability Investigation—State Police .270 rifles at Attica,” Buffalo Office, April 8, 1974, in the papers of Elizabeth M. Fink, Brooklyn, New York.

  10. Investigator James Lo Curto, State of New York Attica Investigation Memorandum to Anthony G. Simonetti, Subject: “Rivera-Malloy Cover-up,” July 10, 1974.

  11. Ibid.

  12. Ibid.

  13. Investigator Nick Savino, State of New York Attica Investigation Memorandum to Anthony Simonetti, Subject: “Weapons Accountability,” July 22, 1974, in the papers of Elizabeth M. Fink, Brooklyn, New York.

  14. Locurto, State of New York Attica Investigation Memorandum to Simonetti, Subject: “Rivera-Malloy Cover-up,” July 10, 1974. Years later, this trooper was still fighting what he believed was an involuntary resignation. Matter of Barbolini v. Connelie 68 A.D. 2d 949 (1979).

  15. Locurto, State of New York Attica Investigation Memorandum to Simonetti, Subject: “Rivera-Malloy Cover-up,” July 10, 1974.

  16. Ibid.

  17. FBI Memorandum, October 23, 1971, File: Buffalo 44-592, FOIA request #110818, of the New York State Attorney General’s Office, FOIA p. 000157.

  18. Bell, The Turkey Shoot, 205.

  19. Ibid.

  20. Ibid., 206.

  21. Bell, Preliminary Report on the Attica Investigation, 140; Bell, The Turkey Shoot, 207.

  22. Bell, Preliminary Report on the Attica Investigation, 40.

  23. As quoted in: Malcolm H. Bell, State of New York Memorandum to Attorney General Anthony Simonetti, October 17, 1974, in Bell, Preliminary Report on the Attica Investigation, 45.

  24. Bell, The Turkey Shoot, 217.

  25. Bell, Preliminary Report on the Attica Investigation, 49.

  26. Bell, The Turkey Shoot, 158.

  27. Ibid., 164; Charles Bradley, conversation with author, July 15, 2004.

  28. As quoted in: Bell, State of New York Memorandum to Simonetti, October 17, 1974, in Bell, Preliminary Report on the Attica Investigation, 46.

  29. As quoted in: ibid., 46.

  30. Bell, Preliminary Report on the Attica Investigation, 44.

  31. Ibid.

  32. Bell, The Turkey Shoot, 236.

  33. Ibid., 237.

  34. Bell, Preliminary Report on the Attica Investigation, 4, 5.

  44. SMOKING GUNS

  1. All above from: James Grable, State of New York Organized Crime Task Force Memorandum to Simonetti, Subject: “Report of Weapons Accountability Investigation—State Police .270 rifles at Attica,” April 8, 1974. For more on Williams’s view on accountability and Infante’s role vis-à-vis weapons accountability and the BCI investigation, see: Savino, Attica Investigation Memorandum to Simonetti, Subject: “Weapons Accountability,” July 22, 1974.

  2. Grable, State of New York Organized Crime Task Force Memorandum to Simonetti, Subject: “Report of Weapons Accountability Investigation—State Police .270 rifles at Attica,” April 8, 1974.

  3. All above from ibid.

  4. Grable, State of New York Organized Crime Task Force Memorandum to Simonetti, Subject: “Report of Weapons Accountability Investigation—State Police .270 rifles at Attica,” April 8, 1974; also see John C. Miller’s testimony before the grand jury on August 10, 1972, in: Savino, State of New York Attica Investigation Memorandum to Simonetti, Subject: “Weapons Accountability,” July 12, 1974.

  5. Malcolm Bell, Preliminary Report on the Attica Investigation.

  6. Leonard Polakiewicz, New York State Special Commission on Attica Memorandum to Arthur Liman, Subject: “State Police, Troop E, photographs,” March 10, 1971, Investigation and interview files, 1971–1972, New York (State), Special Commission on Attica, 15855-90, Box 92, New York State Archives, Albany, New York.

  7. Malcolm Bell, The Turkey Shoot, 198.

  8. Grid of personnel and shots fired, FOIA request #110818 of the New York State Attorney General’s Office, FOIA pp. 000813–000818.

  9. Ibid.

  10. Ibid.

  11. Ibid.

  12. Ibid.

  13. Bell, Preliminary Report, 17.

  14. 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, 3. Also see: “Analysis of Correction Officers Rounds Extended,” October 18, 1971, FOIA request #110818 of the New York State Attorney General’s Office. Also see: Grid of personnel and shots fired, FOIA #110818, FOIA pp. 000813–000818.

  15. Regarding the testimony of Paul Stringham, see: Attica Investigator James Stephen, 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, October 24, 1972, Erie County courthouse, 4–6; On the killings: “Five Deadly Days,” reprinted from the Democrat and Chronicle (Rochester, New York), Tom Wicker Papers; 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, 6.

  16. Ibid.

  17. 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., No. CIV-75-132, 113 F.Sup
p.2d 441 (2000), August 28, 2000, 3. Regarding the testimony of Malcolm Hegeman, see: Stephen, 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, October 25, 1972, 7.

  18. Wildridge was in fact indicted, but charges were dropped upon the dissolution of the grand jury. “Possible Hostile Inmate Threats” memorandum, FOIA request #110818 of the New York State Attorney General’s Office, FOIA pp. 000813–000818. Also see: Investigator Michael McCarron, State of New York Attica Investigation Memorandum to Anthony G. Simonetti, May 10, 1974, in the papers of Elizabeth M. Fink, Brooklyn, New York.

  19. All above from: McCarron, State of New York Attica Investigation Memorandum to Simonetti, May 10, 1974.

  20. Shooter File #4058, FOIA request #110818 of the New York State Attorney General’s Office, FOIA p. 001547.

  21. “Circle Case.” Notes of August 9, 1974. Papers of Elizabeth M. Fink, Brooklyn, New York. Also see: “Possible Hostile Inmate Threats” memorandum, FOIA request #110818, FOIA pp. 00813–00821.

  22. My conversations with several former COs and persons connected to them indicated that they knew who was responsible for L.D.’s death and it was a CO, but not Hollander. Although they said his name, and though all agreed that this was the man who had killed Barkley, in no small part because he had been proud of it and had kept his glasses as a souvenir, I have nothing but their hearsay statements that this was indeed the killer.

  23. Vincent Tobia, Statements, from author conversation and follow-up email with Joshua Melville, March 2015.

  24. McKay Report, 398.

  25. Dennis Cunningham, Michael Deutsch, and Elizabeth Fink, “Remembering Attica Forty Years Later,” Prison Legal News (September 2011).

  26. Bell, Preliminary Report on the Attica Investigation, 33.

  27. According to ballistics this was serial number K 890342.

  28. For information on ballistics and Barbolini’s weapon, see: “Evidence Receipt—Scientific Laboratory. New York State Police. Re A. R. Barbolini. Shield # 2781,” FOIA request #110818 of the New York State Attorney General’s Office, FOIA p. 000993. For who shot Rivera, see: Bell, Preliminary Report on the Attica Investigation, 17.

  29. Bell, Preliminary Report on the Attica Investigation, 123.

  30. Captain A. P. O’Neill, Memorandum to Director of Personnel, Division Headquarters, Subject: “Barbolini, Aldo R. Cease Active Duty,” September 17, 1971, Filed, September 22, 1971; “Resignation requested or accepted,” FOIA request #110818 of the New York State Attorney General’s Office, FOIA p. 001420; Headquarters, SP, Memorandum to Major R. M. Kisor, Troop commander, Troop F, Subject: “Effective 10:30 a.m., September 17, 1971, this member respectfully submits his resignation from the Division of State Police,” September 17, 1971, FOIA request #110818 of the New York State Attorney General’s Office, FOIA p. 000958.

  31. Captain A. T. Malovitch, New York State Police Memorandum to J. W. Monahan, Subject: “Information Regarding Interview of Former Trooper A. R. Barbolini,” October 26, 1971, FOIA request #110818 of the New York State Attorney General’s Office, FOIA p. 000966.

  32. Ibid.

  33. Chronology of Barbolini correspondence and actions vis-à-vis the New York State Police, Untitled memo, undated, FOIA request #110818 of the New York State Attorney General’s Office, FOIA p. 000965. Also see: John C. Miller, Deputy Superintendent, Letter to Aldo Barbolini, January 17, 1972, FOIA request #110818, FOIA p. 000990.

  34. From FOIA request #110818 of the New York State Attorney General’s Office, FOIA p. 000979.

  35. Investigator R. W. Horn, Forensics Section, New York State Police Memorandum to First Deputy Superintendent W. C. Miller, Subject: “Correspondence Aldo R. Barbolini,” July 7, 1972, FOIA request #110818 of the New York State Attorney General’s Office, FOIA p. 000981

  36. James Locurto, State of New York Attica Investigation Memorandum to Anthony Simonetti, Subject: “Rivera-Malloy Cover-up,” July 30, 1974, in the papers of Elizabeth M. Fink, Brooklyn, New York.

  37. Ibid.

  38. Nelson Rockefeller, Deposition, Meyer Commission, August 8, 1975, 8704, FOIA request #110818, FOIA p. 000445.

  39. Bell, Preliminary Report on the Attica Investigation, 17.

  40. Regarding which troopers shot at prisoners near the hostage circle to protect Christian, see: Attica Investigator Leonard Brown, Testimony regarding testimony of Arthur Kruk, 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, August 10, 1972, Erie County courthouse, 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.

  41. Mercurio, Memorandum to Simonetti, Subject: “Position of Hostages in Circle Prior to Shooting (in the papers of Elizabeth Fink),” July 30, 1974.

  42. Ibid.

  43. Ibid.

  44. Ibid.

  45. Ibid.

  46. Ibid.

  47. Ibid.

  48. Investigators suspected that because of the poor weapons accountability of the NYSP, there were a number of possibilities as to which trooper’s buckshot or bullet killed hostages on September 13, 1971. One report stated that “troopers likely responsible for killings in hostage circle” included “Lt. Kenneth Crounse, Inv. V. Tobia, Sgt. R. Stout, Sgt. P. Zelinski, Troopers: G. Wildridge, D. Girvin, T. Griffith, R. Miller, M. Clayson, L. Lang, Captain W. Dillon, Troopers R. Pacek, P. Lawatsch.” State of New York Attica Investigation. Memorandum. To: Anthony G. Simonetti From: Inv. Michael McCarron. May 10, 1974, in the papers of Elizabeth M. Fink, Brooklyn, New York.

  49. Information on various shooters in area of hostage circle in: Internal Attica Investigation Memo, “Hostage Circle—Conclusions,” 4. Also see: Mercurio, Memorandum to Simonetti, Subject: “Position of Hostages in Circle Prior to Shooting,” July 30, 1974. Both in the papers of Elizabeth Fink.

  50. Accounting of shooters and rounds, Internal memo, FOIA request #110818 of the New York State Attorney General’s Office, FOIA p. 000821; Quote regarding Clayson from: Bell, Preliminary Report, 22.

  51. Spoont, Confidential Memo to Shapiro Subject: “Attica Investigation,” Albany, New York, November 1, 1971.

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

  53. All above from: McCarron, State of New York Attica Investigation Memorandum to Simonetti, May 10, 1974.

  54. State of New York Organized Crime Task Force Memo, Subject: Richard Janora. February 6, 1974, in the papers of Elizabeth M. Fink, Brooklyn, New York.

  55. Organized Crime Task Force Internal Memorandum, Distributed to Simonetti, Flierl, Bell, Fitzgerald, Grable, Perry, Schechter, Nitteraurer, Dr. Baden, A. Hoppe, Subject: “S. D. Sharkey,” February 6, 1974, in the papers of Elizabeth M. Fink, Brooklyn, New York.

  56. James Stephen, 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, October 31, 1972, 17–18.

  57. Ibid.

  58. Regarding interview with trooper Steven Sharkey, see: ibid., 7, 16.

  59. Grable, State of New York Organized Crime Task Force Memorandum to Simonetti, Subject: “Report of Weapons Accountability Investigation—State Police .270 rifles at Attica,” April 8, 1974.

  60. All above from: McCarron, State of New York Attica Investigation Memorandum to Simonetti, May 10, 1974.

  61. Information on troopers, correction of
ficers, their weapons, and their locations, obtained through FOIA request #110818 of the New York State Attorney General’s Office, FOIA pp. 00081–000821; State of New York Attica Investigation. Memorandum. To: Anthony G. Simonetti From: Inv. Michael McCarron. May 10, 1974, in the papers of Elizabeth Fink.

  62. Mercurio, Memorandum to Simonetti, Subject: “Position of Hostages in Circle Prior to Shooting (in the papers of Elizabeth Fink),” July 30, 1974.

  63. Bell, The Turkey Shoot, 119; Grid of personnel and shots fired, FOIA #110818, FOIA pp. 000813–000818.

  64. Investigators McCarron, Dolan, and Peo, Organized Crime Task Force Memorandum to Anthony Simonetti, December 20, 1971, in the papers of Elizabeth M. Fink, Brooklyn, New York.

  65. See: Dr. G. Richard Abbott, Testimony, Attica Task Force Hearing, May 9–10, 2002, 189–90. The correction officer who shot Monteleone gave a statement to state officials regarding the shooting on September 18, 1971, and it was taken into evidence and used as an exhibit 3-644 in later litigation on behalf of guard families. See: Quigley Order, Lynda Jones v. State of New York, 96 A.D.2d 105 (N.Y. App. Div. 1983), August 31, 1982.

  66. Regarding documents indicating that the .44 Magnum was Vergamini’s, see: Bell, Preliminary Report on the Attica Investigation, January 29, 1975, 18. Also see: “Analysis of Correction Officers Rounds Extended,” October 18, 1971, FOIA request #110818 of the New York State Attorney General’s Office. About the death of Monteleone, see: Rockefeller Administration, Confidential Memo, “Events at Attica: September 8–13, 1971,” 49. This office gave a statement regarding the shooting of this weapon on September 18, 1971, and it was taken into evidence by state investigators and was used as an exhibit (3-644) in later litigation on behalf of guard families. See: Quigley Order, Lynda Jones v. State of New York, 96 A.D.2d 105 (N.Y. App. Div. 1983), August 31, 1982, 54.

  67. Bell, Testimony, Attica Task Force Hearing, July 30, 2002, 15.

  68. Ibid.

  69. Bell, Preliminary Report on the Attica Investigation, 18.

  70. Ibid.; and Bell, The Turkey Shoot, 116, 355.