---------- Forwarded message ----------
Date: Mon, 04 Mar 2002 14:35:30 -0800
From: radtimes <resist@best.com>
Subject: Longest Held Political Prisoner
The Case of Ruchell Cinque Magee - Political Prisoner
RUCHELL CINQUE MAGEE:
POLITICAL PRISONER
Introduction to the case
By Curtis Mullins <cmull67520@aol.com>
Ruchell Cinque Magee is the longest held political prisoner in the
world, he has been in jail for more than 45 years, his captives hold him in
violation of the law and the Constitution.
His is the classic case of fraud and corruption at the highest levels of
government, and involves the intelligence community, executive, legislative
and judicial branches of Government in a mind boggling conspiracy to hide the
truth, and deny him due process and habeas corpus. This false democratic
Government has committed fraud to cover up two not guilty verdicts by two
different juries in two different trials.
Ruchell has been beaten by guards in the Court room in front of a jury,
as Judge Herbert V. Walker sat, watched and did nothing. Judge Walker
instructed the jury that they had to find Ruchell either guilty or insane;
Ruchell called a 'moron' by Federal Judge Sam Conti. Judge Conti created
false documents in furtherance of the conspiracy; denied Ruchell
self-representation; prevented Ruchell from meeting with the media
(international dope dealers are permitted media visits); denied due process
and habeas corpus and sentenced to life in prison with no possibility of
parole for crimes he did not commit and was found not guilty of, these
are the facts.
It is common practice for poor people in America to be locked up, beaten,
framed and denied due process and bail, it happens every day in America!
What is unusual is that Ruchell has documented and kept a record of the
conspiracy for the world to see and read. He kept a record of the dates,
times, names and places, Documented Court records, transcripts, motions,
complaints and briefs reveal a grand conspiracy involving Presidents,
Senators, Congressmen, State, City, County and Federal Judges, the police,
lawyers, snitch informants and prison guards who participated in the
conspiracy to deny him his Constitutional right to a fair trial. Ruchell is
a political prisoner and considered a captured run away slave, therefor the
Constitution does not apply to him, they say!
Ruchell's introduction of Joseph Cinque's "slave resistance" defense in
the Amistad case in 1841 said it was illegal to enslave a free man, and that
"a slave has the right to resist slavery, "which Joseph Cinque did, violently
and was found "not guilty of murdering his captives." Ruchell did not murder
anyone and was found 'not guilty of kidnapping.'
The jurors in Ruchel's case, all 12, found him "not guilty" in the Marin
Court incident, where he rebelled against slavery and was on his way to a
TV/radio station to tell the world that the United States of America was
practicing slavery when James McClain, William Christmas, Jonathan Jackson
and Judge Harold Haley were murdered by prison guards on Governor Ronald
Reagan's orders.
Juror Moses Shepard said in his declaration dated April 28, 1973, "That,
under the law, rightfully applied, he Ruchell) should be a free man," and if
he had been freed after the first acquittal, he would not have been in the
Marin court room on August 7th 1970!
Jury Forman Bernard J. Suares said, "In the course of the juries
deliberations all twelve jurors, after discussing the evidence and the
applicable law as given to us by the court, acting at the same time, agreed
that the defendant was not guilty of the charge of murder, kidnapping,
and conspiracy.
This verdict is recorded in court records as attested to by Deputy
Attorney General Greg Lowder on September 2nd 1999. Deputy Attorney General
Greg Lowder of the State of California told the California Board of Prison
Terms that he found Ruchell Magee's acquittal in the court records. Never in
the history of American jurisprudence has a white man been found not guilty,
and not set free! There is a national conspiracy to deny due process and
habeas corpus to political prisoners and prisoners of war.
Investigation into COINTELPRO will prove human rights violations in
America! Ruchell and Mumia Abu Jamel are victims of COINTELPRO, police and
judicial conspiracies, fraud and frame-ups. Mumia Abu Jamal must be released
and the death penalty abolished.
Ruchell says, "The evidence in my case is the political stick to beat the
bushes with and make the snakes run out!"
Our objective this first year of the new millennium is to free Ruchell
and all political prisoners and prisoner of domestic war in America. We urge
you to become part of this struggle and join us in taking the question of
political prisoners to America and freedom loving people all over the
world.
Thank you!
Curtis Mullins
525 E. 55th Pl. No.
Tulsa, OK 74126-2630
(918) 428-5293
Fax: (918) 428-1830
E-mail: cmull67520@aol.com
_____________________________________________________________________
THE STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO
AUGUST 6, 2001
AFFIDAVIT OF BERNARD J. SUARES
I, Bernard J. Suares, hereby depose and declare:
1. That I was elected Jury Foreman in the trial of Ruchell of Ruchell Magee,
case number 68668, Superior Court of San Francisco County.
2. That I reside in San Francisco County;
3. That at the end of the Jury's deliberations (commenced on March 26th, 1973
and terminated April 3rd 1973) all twelve jurors found Mr. Magee not guilty
of violating P.C. 209 (kidnapping for the purpose of extortion);
4. I informed Judge Morton Colvin by written note that all twelve Jurors had
reached a unanimous "not guilty" verdict
Without rendering a judgment on the acquittal, Judge Colvin declared a
mistrial on April 3rd, 1973 contradicting the law (Calif. Evidence Code
Section 1150 Subdivision (a): "validity of a verdict):
5. On April 27th, 1973, I filed a written declaration of the acquittal on the
Kidnap Charge with the Superior Court of San Francisco County (Case Number
68668). Other Jurors joined my declaration with written statements
confirming the acquittal;
6. I am now informed the prosecution hid the acquittal he gave to Judge
Colvin, and Judge Colvin sealed it. The prosecutor also created a fraudulent
document styled "affidavit" attributed to Juror William Irwin, portraying the
Jurors "not guilty" declaration of April 27, 1973 as being impeached;
7. As shown by the decision, (Ruchell Magee -Vs- Superior Court of Santa
Clara County [1973] 34 Cal. App. ed 201), Mr. Magee's Court appointed lawyer,
Robert D. Carrow, failed to report the acquittal given to Judge Colvin by me,
before he declared mistrial. Had the acquittal been disclosed, the Appellate
Court been disclosed, the Appellate Court would have honored the acquittal on
the Kidnap charge in accordance with Evidence Code 1150, Supra.
I have appealed to the Court and have presented proof of acquittal, which
is being concealed by the Court in violation of the Rico Act and Mr.
Magee's Constitutional right to a fair trial.
I have beren ignored for more than 23 years and demand that I be
heard in a court of law. I will testify and can prove that the Jury was
unanimous in their declaration that they found Mr. Ruchell Magee "Not Guilty."
I declare under penalty of perjury the forgoing is true and correct to
the best of my knowledge and belief.
Respectfully yours,
Bernard J. Suares
1890 23rd Avenue
San Francisco, CA 94122
Subscribed and Sworn to before me this 6th day of August 2001
Diana B. Tritueros
Commission # 1215897
Notary Public of California
Commission expires: April 12, 2003
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