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Leavenworth Up-Date

By VVAW

During the past month, the repressive situation surrounding the Leavenworth Brother has led to an additional indictment, a trial, and the setting of one trial date. The Leavenworth Brothers are 26 men who have been held in solitary confinement at Leavenworth Federal Prison (Kansas) since last July as a result of the uprising which occurred in the prison on July 31st . Seven of these brothers (all members of VVAW/WSO) have been indicted with major felonious charges stemming from the prison rebellion in which one guard was killed and 4 guards held hostage.

As was reported in the last issue of WINTER SOLDIER, one of the seven indicted brothers has been kept separate from all the other brothers being held at Leavenworth. William Hurst (indicted for kidnapping and assault along with Jesse Lopez, and Armando Mirmon) is the only indicted brother who is white, and it is probably because of this that he has been kept apart from his other brothers. The prison seems to be using the old "divide and conquer" tactic among the races in the hopes to undermine the solidarity and unity of the brothers; thus Hurst has been held at the Wyandotte County Jail in Kansas City. On March 28th, Hurst was charged and arraigned on charges of murder. On March 21st Hurst's cell mate, Richard King, was found with an extension cord strangling his neck in the cell block shower. There is a great deal of mystery surrounding the case and no concrete evidence as to Hurst's involvement in the killing was presented at the hearing. However, since Hurst has recently been indicted on other charges of "prison violence", the jail seems to have decided that he is the man responsible. No date for this trial has yet been set.

In a different aspect of the defense of the Leavenworth Brothers, Michael Mazzetti (VVAW/WSO reporter and member of the Leavenworth Brothers Offense/Defense Committee) was tried for criminal contempt of court on April 4th. He was charged with violating a Federal court order which states that "no photograph may be taken inside the courtroom or its environs." Mike was arrested on Feb. 22nd for taking pictures of the prison bus in the parking lot of the Federal Courthouse where a hearing for the brothers was being held. On that day, the brothers had been severely beaten by Marshalls, and Mike had taken photos of the beatings when he was ordered by a Marshall to cease taking pictures because there was a court order banning such practice. Mike continued to take photos when the Marshall failed to produce the court order and was then arrested. Mazzetti was convicted of "willfully and intentionally" violating the court rule, though it was brought out in the trial that the order banning photos was never posted in or around the courthouse. Mike received a sentence of 15 days, and the conviction and sentence is being appealed on grounds that Mazzetti could not have "intentionally" violated a rule that he had no prior knowledge of. The arrest and conviction of Mike is an example of arbitrary enforcement of the law and may also be seen as plain and simple police harassment of the LBODC. The Marshall who arrested Mike was well aware that he was a member of VVAW/WSO and the LBODC, and it is for this reason that the government decided to use an unknown court rule to stop Mike from photographing police acts of brutality against the brothers.

A trial date has recently been announced for Odell Bennett, who was charged with assault on a federal officer last November. Odell's trial will begin on May 6th in Topeka KS. These assault charges were brought against Odell for an incident which occurred last fall when Odell was to be taken to court for a hearing on a petition filed against conditions in the prison Before he was removed from Leavenworth, he was given a "finger wave" (rectal search) which he revisited by verbally protesting this treatment. He was beaten because of his resistance, was then gagged, tied up and thrown into the floor of the car which was to take him to the courthouse. Guards sat on Odell all the way to the courthouse so he "couldn't get out of line." Before his court hearing, he was beaten again, and it is because of these incidents that he has been charged with assault. (Odell was later charged with murder, kidnapping and assault -- along with Jesse Evans, Alf Hill and Alfred Jasper -- resulting from the July prison uprising).

The LBODC is planning a 23 mile March for Justice which will begin on May 4th in Lecompton (the slave capitol of Kansas before the state abolished slavery). The purpose of the march is to show that our society still retains a form of slavery. There are thousands of brothers and sisters being held behind prison walls who have been placed there by the political and economic system of our society which denied them their freedom and keeps them "holed up" under conditions of extreme brutality and dehumanization. The march will culminate in Topeka as Bennett's trial begins, and a demonstration will be held at the courthouse demanding an end to the frame-up of Odell and all the Leavenworth Brothers.

This frame-up must be stopped! The Leavenworth Brothers are guilty of nothing more than trying to live their lives as human beings rather than animals. It is the prison system of this country which should be under indictment, not 7 brothers who are the victims of that system. The Brothers need you help. Thus far, the brothers are still without attorneys, and lawyers are desperately needed as the major trials approach. We call on all movement lawyers to consider this plea for help and come to the aid of these brothers. As always, money is also needed to insure that these brothers receive a fair trial. For information, contributions and details on the May demonstration, contact: LBODC, P.O. Box 5158, Kansas City, Missouri 64111.