Download PDF of this full issue: v5n2.pdf (8.3 MB)

Hood Mistrial: Hung Jury

By VVAW

On Feb. 6, 1974, Bob Hood (a VVAW/WSO member) was stopped and brutally beaten by a member of the Oakland Police Dept. (OPD). On Jan. 6th of this year, Hood's trial on charges of felonious assault on a police officer with a deadly weapon began. After 2 weeks of trial, a mistrial was declared because the jury was hopelessly deadlocked. The judge in this as ordered that no one was to speak to the jurors about their deliberations (even though they had been dismissed) thus, is it not yet known if the 7-5 majority were voting for acquittal or conviction.

The frame up of Bob Hood began with his arrest following a reign of terror by Oakland police as a result of the killing of Marcus Foster and kidnapping of Patricia Hearst by the SLA (Symbionese Liberation Army). Bob was driving a car which had recently been purchased by a friend; Hood was stopped in this car because it had formerly belonged to an alleged member of the SLA. He was asked to get out of the car and was then attached by Officer Ted Burrows of the OPD. Following the brutal beating, Bob was arrested for allegedly assaulting Burrows with a deadly weapon -- a 3" pocket knife that was found in Bob's pocket after he had been handcuffed.

Hood's trial was a clear attempt at a railroad, though it proved unsuccessful when the government failed to get a conviction. Jury selection took only 4 hours, giving the defense no chance to even question half the jurors. The government was allowed to introduce abundant testimony concerning the SLA in their efforts to inject panic into the jury and accuse Hood of being involved with the SLA. They failed to produce any evidence to substantiate their allegations, and with regard to the charges against Hood, the prosecution did not produce much evidence at all. Three police officers testified about the alleged assault but the testimony of these cops was contradictory. Only one would testify that he had seen Hood pull out the pocket knife; the other policemen testified that they did not see Hood with the alleged "weapon."

The defense had filed pre-trial motions concerning their introduction of testimony about Office Burrows. During the past four years, 11 citizen complaints have been filed against Burrows -- one for rudeness, two for false arrest and eight for excessive us of force and violence. The motion to present this evidence as to the history of Burrows was denied. Hood was also denied the right to talk about the politics involved in this case during the trial and every time he raised the subject, the prosecution raised objections which the judge sustained. The government was definitely trying to keep this frame-up under tight control by not allowing the real reasons for Bob's arrest to be presented in court -- political repression.

On Jan. 15th, over 175 demonstrators protested the persecution of Bob Hood outside the courthouse. The judge had gotten an injunction against the demonstration, but the rally was held anyway and was filled with speeches and loud chanting. Also, the courthouse was packed with supporters throughout the two-week trial.

As we got to press, it is not yet know if the charges against Bob Hood will be continued into a new trial. Also, both of Hood's attorneys were found in contempt of court and the outcome of these citations are not known. But one thing is clear -- trials and frame-ups like that of Bob Hood will continue as political resistance grows in this country. It is a common tactic of the government to arrest people involved in the struggle against imperialism, and by doing so, attempting to stop the work of those people and tie up the energies of organizations in defense work. But the arrest of Bob Hood has not stopped that work. The chapter he belongs to in Oakland has continued to grow. Where-ever there is repressions there will be resistance, and the attempts to discredit Bob Hood and VVAW/WSO in Oakland are no different.

For more information contact: VVAW/WSO Legal Defense Committee, 4919 Telegraph Ave., Oakland, CA, 94609.