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Leavenworth: Racism Characterizes Trial

By VVAW

The trials of the Leavenworth Brothers began on July 29th in Wichita, Ks. Six prisoners are facing trial on charges stemming from the rebellion which occurred in Leavenworth Federal Prison on July 31, 1973, as prisoners lashed out at their oppression and the inhuman conditions they were forced to put up with day after day. Currently on trial are 4 black brothers- Odell Bennett, Jessie Evans, Alf Hill and Alfred Jasper. Evans, Hill and Jasper have been charged with assault and all have been charged with riot. They were also charged with murder, conspiracy to riot and mutiny, but these charges were dropped due to lack of evidence. Jesse Lopez and Armando Miramon, two Chicano brothers, will face trial on charges of kidnapping when current trial is completed. All are members of VVAW/WSO.

In the midst of more than 30 Federal Marshall's, extreme security precautions, and continual harassment -- both of the defendants and courtroom spectators -- this incredibly repressive and racist scene opened. In early court proceedings, Odell Bennett removed himself from the courtroom saying, "I do not wish to dignify these railroad proceedings with my presence." During a statement, Bennett made a motion that Judge Theis disqualify himself because of racial prejudice. Bennett stated that Theis had made a reference to him as a "boy." Theis refused the motion and said he was sorry for using the word "boy," but said that it is a term commonly used when referring to racial minorities! Another brother, Alfred Jasper, began this trial with no attorney. (His lawyer recently had surgery and could no be present to represent him). Refusing to be tried without his attorney Jasper also removed himself from the court saying, "I do not have the attorney of my choice, therefore, I do not wish to participate in this frame-up."

On the third day of proceedings, jury selection began. Out of the 92 prospective jurors, only 3 were Black and no other national minorities were represented. Two prospective Black jurors disqualified themselves, saying that a lifetime of racial oppression and experiences involving Blacks unjustifiably accused would prevent them from being partial. The third Black juror stated he could be impartial regardless of race but at the first opportunity, the government used one of their challenges and the young Black man was dismissed. Despite Alf Hill's protest of "My peers are Black!" an all white jury of 8 men and 4 women, with an average age of 45, was empaneled.

Following jury selection, the government began to present their case -- a case filled with conflicting testimony. Witnesses against the brothers included government informers and prison officials. An example of the contradictions in these witnesses' testimony was the wide variety of stories that appeared in disciplinary reports and written statements prepared at different times. Eyewitness testimony was just as conflicting. A guard, Hobson, testified that he saw Alf Hill with a pipe in his hand bitting Ronald Teare. Earlier in the government's case, guard Dale Groover stated that he had seen Jessie Evans with the pope and that he had pulled Teare to safety and away from Evans. Groover made no mention of Hill being present. Also, it was revealed that the prison maintained a "hot list," which is a lost of those prisoners who are politically active in fighting for oppression of the prison system. All of the 6 indicted brothers are on this list.

Defense testimony has consisted mainly of prisoners who have testified about the conditions in Leavenworth prior to the rebellion. They stated the atmosphere had been very tense and that prisoners were upset over the recent death of a prisoner who died as a result of inadequate medical care. The testimony of these witnesses also proved that the brothers were nowhere near the place of the rebellion when it broke out. Aside from their testimony, it became clear that the defense witnesses were testifying under extreme duress. Lester Pickens (a Leavenworth prisoner) stated he was in fear for his life because a prison official had warned him to stay out of trouble, or "the same thing that happened to the 4 niggers going to trial will happen to you." Other defense witnesses remarked that they had received similar threats from officials warning them not to testify.

The hardship on these prisoners was also seen when another prisoner Jack Abbott, testified that a Lieutenant told him that, "If Jasper is found dead there will be no investigation.: After he concluded his testimony, Abbott, who has spent more than 1 year under the extreme psychological pressure of the Leavenworth "hole," muttered, "There are no Blacks on this jury," and dove hear first into the jury box. The defense then moved for a mistrial on the grounds that Abbott's actions would prejudice the jury against the testimony of prisoners, but Judge Theis denied this motion.

And so, this trial continues. But what we have here is not a trial for a few assault charges, but a persecution of these brothers who have been deeply involved in struggling for their basic human rights and an end to exploitation and oppression. These brothers are not guilty of anything other than resisting a system which treated them as less than human and refused to allow them the dignity of being men. In his own defense, Jessie Evans said, "The child who is hungry in the richest country of the world today is a prisoner; the millions who must stand in unemployment lines, the tens of millions who are forced to live on the pennies of welfare, these are prisoners too; the working mothers and fathers who must slave for their survival wages, are they not prisoners also? When the millions of people of this country are unmercifully exploited and oppressed behind a barrage of slick propaganda, then we the people must protest! We will protest!

The Leavenworth Brothers need your support and it is vital that this outrageous frame-up not be conducted in isolation and out of the minds of the American people. For information on how you can help, and for the needed financial contributions, contact: Leavenworth Brothers Offense/Defense Comm., 106 E. Lincoln, Wichita, KS 67211.