[Freethe SF8] New Obstacle to Parole Hearings for Herman Bell and Jalil Muntaqim

[SF-8 case]

New Obstacle to Parole Hearings for Herman Bell and Jalil Muntaqim

NYS letter denies request

The transfer of SF8 defendants Herman Bell and 
Jalil Muntaqim from the San Francisco County Jail 
back to New York State for their rightful parole 
hearings has been blocked by both state governors 
for weeks and NYS now wants to deny this right 
for good. This comes despite previous agreements 
in the courtroom between the California State 
prosecutors, the presiding judge and, of course, 
the brothers and their attorneys.

In a new – but not surprising – development, a 
letter from Steve Krantz, Assistant Counsel to 
the Governor of New York to Peter Smith, Deputy 
Attorney General of California dated October 10, 2008 states:

Procedures in this area are designed to balance a 
variety of considerations, including the needs of 
the judicial system and executive concerns such 
as security and administration. Even assuming 
that the amendments sought would be consistent 
with California law, in the absence of a 
demonstrated need to depart from usual procedures 
as reflected in the Executive Agreements, the 
Governor of New York does not plan to seek amendments to those agreements.

Stuart Hanlon, who represents Herman Bell, 
responded “If the government wanted to move an 
in-custody snitch, they would do it in a 
second
none of the government extradition rules 
would stop them. It is for the punitive impact 
that the government is hiding behind bureaucratic 
language in preventing them from being in New 
York for their rightful parole hearings – to 
avoid doing what is fair and right. This is bureaucratic b******t.”

Judge Philip Moscone signed an order in May 
allowing Herman Bell and Jalil Muntaqim to return 
to New York State for their parole hearings. All 
parties agreed at that time that the move would 
be temporary; Herman and Jalil waived their 
rights to fight extradition back to California.

This vindictive and mean-spirited procedural 
obstacle was immediately challenged by defense 
attorneys. Strong arguments were made to 
guarantee Herman and Jalil's right to "pursue 
their liberty interests" and have parole 
hearings. Both have served over 35 years in 
prison as model prisoners. Both were targeted 
originally by COINTELPRO as members of the Black Panther Party.

New York Attorney Bob Boyle argued in a 
declaration to the San Francisco Court that if 
the men remain in California, "they would be 
denied their parole hearing for years." In a 
subsequent interview, he also said:
The state waited 35 years to bring these spurious 
criminal charges. Now these charges are being 
used to deny these men parole hearings to which 
they are entitled. Whatever concerns the 
government has can be overcome by a simple 
modification of the extradition order. All Herman 
and Jalil are asking for is an opportunity to attend their hearings.
Please contact the Governors of New York and 
California by phone, letter, fax, or email:

Governor Arnold Schwarzenegger
State Capitol Building
Sacramento, CA 95814
Phone: 916-445-2841
Fax: 916-558-3160
Email: <http://gov.ca.gov/interact#email>http://gov.ca.gov/interact#email

David A. Paterson
State Capitol
Albany, NY 12224
518-474-8390
Email: <http://161.11.121.121/govemail>http://161.11.121.121/govemail

Urge them to sign the amended Executive 
Agreements which will allow Herman Bell and Jalil 
Muntaqim (Anthony Bottom) to return to New York 
State to attend their rightful parole hearings.

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