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Lawton Trial Begins: Repression & Resistance

By VVAW

The second trial of Gary Lawton and Larrie Gardner began in Riverside, California on July 5th. The first trial of Lawton, Gardiner and Nehemiah Jackson was conducted in Indio, and ended in a victory for the defense. The jury was hung, 9-3 for acquittal, with one of the jurors declaring: "My personal opinion is that the murderers are still at large and they've got the wrong men."

Gary and Larrie are being tried for the murder of two police officers which occured in Riverside over two years ago. After spending these past two years in jail for a crime they never committed, Lawton and Gardiner are once again facing the system of "justice" in this country. The atmosphere of racism which was present in the Indio trial has followed this case to Riverside, as has the extreme political repression. Because of Lawton's political activity within the Riverside community, the prosecution is zeroing-in on Gary, dreaming up anything which will convict this highly respected community organizer.

During the opening remarks of the trial, the prosecution characterized Lawton as a man of violence who surrounded himself with violent people. He stated that Lawton was a self-appointed black radical trying to disrupt the community of Riverside. These statements were made during the first 15 minutes of the trial; and at this time, the defense moved for a mistrial. The judge denied the mistrial motion, but did manage to warn the prosecutor to stay away from personality characterizations of Gary.

It is already clear that the prosecution has no evidence which will stand up in court. The prosecution's witnesses have already succeeded in contradicting their own testimony, vascillating in their own statements, and generally, offering little in the way of credibility. For example, Leadell Lee, the officer who was first on the scene of the murder, has testified at the grand jury, two preliminary hearings, and the Indio trial that he hadn't seen anybody at the scene of the crime. It's strange that Mr. Lee's memory improves with time, especially after the passage of two years. It may also be worth noting that Mr. Lee is now a special agent with the FBI and is working in Washington, D.C.

Another witness for the prosecution that has proved to be beneficial to the defense is Rusty Torres. He was standing with friends in the parking lot at Emerson School when the two officers were shot. He testified that he did see men running away from the scene of the crime, but he couldn't tell if they were white or black. Rusty had played softball and other sports with Gary before the shooting, and testified that none of the people he saw were Gary because Lawton is taller, heavier, and older than the people he saw leaving the scene of the crime.

The judge is using very repressive tactics on the two defendants which are above and beyond the general atmosphere of the trial. For example, he has denied Lawton and Gardiner their Constitutional right to approach the bench with their lawyers for private consultations. The judge's reason being that he thinks the defendants are too slow in getting up there. Can the court really be losing that much time, or does the judge simply feel that the defendants need have no word in the manner in which their lives are being tried?

Judging from the courtroom maneuvering of Lawton's trial, it is clear that racism and repression are alive and well in the Riverside area. This may also be evidenced by recent police actions in the outside community. A few weeks ago in San Bernardino, a 17 year old black man was shot in the back by a police officer. The man was visiting a convalescent home at the time, when he was approached by an officer. The young man ran and was shot to death for this action. The young man was unarmed and no crime had been committed.

This sort of police repression must be stopped. The freeing of Gary Lawton will be the first step in gaining freedom for the people. Also, Gary's freedom will come from the hard work of the people aware of the frame-up of this man. We must work together and offer our support to Gary and Larrie. A booklet has been published which gives further information about the trial: "Frame-up In the Desert," for 35 cents. Also, please send the desperately needed donations to:

Riverside Defense Committee
P.O. Box 5154
San Bernardino, Calif. 92412