[Ppnews] Mutulu Shakur Parole Hearing

[PPnews at freedomarchives.org]

DATE:    Sat, 12 Feb 2005 11:40:51 -0500
FROM:     "The Talking Drum Collective Newsletter" 
<the_black_thought at yahoo.com>


REPORT ON DR. MUTULU SHAKUR PAROLE HEARING UPDATE

--------------------------------------------------------------------------------

BROTHERS AND SISTERS:

Attached is a report from Terri Thompson, one of the attorneys for Dr. 
Mutulu Shakur. Attorney Thompson states that Dr. Shakur thanks us for the 
support received to achieve parole. In 2002, Mutulu went up for
parole and, while he can come up for a hearing every two years, the parole 
commission will not give him serious consideration until 2017. His lawyers 
submitted a petition challening that date based upon he
should have been first had a hearing in 1996, rather than 2002. The parole 
official there agreed with Dr. Shakur's legal team and recommend that he 
has a hearing date for 2011, rather than 2017.

For more thorough information read Attorney Thompson's report. For more 
information email the Atlanta Chapter of the Malcolm X Grassroots Movement 
at mxgrm_atl at yahoo.com.

FTL
Free 'em ALL!!!

**************************

February 9, 2005

TO: Friends and Supporters of Dr. Mutulu Shakur

FROM: Teri Thompson, Attorney

RE: Parole Hearing of Dr. Mutulu Shakur

On behalf of Dr. Shakur, we are eternally grateful for both your support 
and your spirit as we engaged in the ongoing battle to secure his release. 
Below is a synopsis of the history of the legal struggle and a summary of 
the recent parole proceedings.


HISTORY OF THE CASE

Dr. Shakur was convicted in 1986 to prison term of sixty (60) years in the 
Southern District of New York of Conspiracy under the Racketeer Influenced 
and Corrupt Organization (RICO) Act and bank robbery. The
United States Parole Commission scheduled a parole hearing in 2002. At the 
hearing, Hearing Examiner Sam Shoquist denied Dr. Shakur parole, and 
continued him to a fifteen (15) year reconsideration hearing. Therefore, 
Dr. Shakur would not even be considered for parole until 2017.

It is significant to note that per 18 U.S.C. § 4206(a), a federal prisoner 
is eligible for release on parole after serving ten (10) years of a 
sentence over thirty (30) years. In 1996, therefore, Dr. Shakur was 
eligible and fought to have a parole hearing. The same was denied.

In the meantime, Dr. Shakur’s legal defense team (Teri Thompson and Michael 
Tarif Warren) filed a Petition for Writ of Habeas Corpus under 28 U.S.C. § 
2241 in the United States District Court for the Northern
District of Georgia wherein we alleged, inter alia, that the Parole 
Commission and the National Appeals Board failed to grant Dr. Shakur nunc 
pro tunc application of his parole proceedings to 1996. Under the nunc pro 
tunc doctrine, a court can give relief retroactively to correct an issue. 
Interestingly, the federal court denied our petition just a few days prior 
to the February 8, 2005 interim parole hearing. We will appeal.


PAROLE HEARING

As many of you know, the statutory interim parole hearing for Dr. Shakur 
was held on Tuesday, February 8, 2005, at the United States 
Penitentiary-Atlanta. The hearing examiner was Rob Haworth. Present in support
of Dr. Shakur were the following persons: Sekiywa Shakur, daughter; Watani 
Tyehimba, Paralegal; Richard Searcy, representative for Congresswoman 
Cynthia McKinney; and, Teri Thompson, Attorney.

While federal statute allows an interim hearing every two (2) years, 
generally the parole commission will not grant any reconsideration to the 
fifteen (15) year set-off unless new information is raised. We argued
nonetheless that the parole commission violated federal law and the rules 
promulgated by the commission when it failed to grant Dr. Shakur nunc pro 
tunc application to 1996. We also raised other legal issues that were 
included in our petition filed in federal court.

Hearing Examiner Haworth noted Dr. Shakur’s exemplary institutional record, 
as well as the community support that continues to rally behind him. The 
hearing examiner agreed that the parole commission should
consider granting Dr. Shakur nunc pro tunc application to 1996. In fact, 
Mr. Haworth stated that he would support and recommend that the parole 
commission take such action. Therefore, instead of the 2017 parole date, 
Dr. Shakur may be considered for parole in 2011.

While Mr. Haworth’s position is promising, we will continue our struggle. 
As noted previously, we are preparing to file an appeal of the federal 
court’s denial of our §2241 Petition.

In closing, Dr. Shakur wishes to thank all of those who have supported him 
as reflected by the numerous letters of support and the well wishes from 
around the world. We will continue to update you as decisions are reached. 
If you have any questions, please do not hesitate to contact me through the 
Atlanta chapter of the Malcolm X Grassroots Movement at mxgrm_atl at yahoo.com.

Teri Thompson

The Freedom Archives
522 Valencia Street
San Francisco, CA 94110
(415) 863-9977
www.freedomarchives.org 
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