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Lawton Still Faces Trial

By VVAW

Recent developments in Riverside, California have given the trial of Gary Lawton and Zurebu Gardner a completely new character. Murder charges against Zurebu Gardner -- he and Gary were charged with the April, 1971, ambush killing of two Riverside policemen -- were dropped on Oct. 3rd by the trial judge. The reason given by Judge Estudillo was "lack of sufficient evidence." The third trial of Gary Lawton, the last remaining defendant in this frame-up, is tentatively scheduled to begin in October 22nd in Riverside.

After 3-1/2 years, two lengthy trials, over a year in prison, and constant harassment from police and Riverside authorities, Zurebu Gardner is released from these charges. The dropping of these charges is a real victory for the defense. It is no small matter that the publicity surrounding the case of these two brothers has made it difficult for the prosecution to continue to get by with their phony excuse for evidence.

The most significant aspect of the charges being dropped is that it clearly proves what the defense has maintained throughout this 3-year ordeal -- that Lawton and Gardner are not guilty of the trumped-up charges brought against them. The blatantly racist aims of the prosecution and Riverside authorities are now crystal clear. They are out to convict and stop the work of Gary Lawton, a VVAW/WSO member, has been an all-to-effective spokesperson against the racism and repression coming down on the Riverside community, and the Riverside "powers that be" are threatened by Lawton's organizing. The District Attorney's office has consistently presented false evidence and highly conflicting testimony throughout the two previous trials in an attempt to get a conviction on Gary. Thus far, their efforts have proved futile and the first two trials of the brother have ended with hung juries -- with the majority of jurors voting for acquittal.

Now Lawton will stand this third trial alone to face charges on murder which eyewitness?s state was committed by four police. To make this multiple killing of Riverside policemen more credible to the court, the District Attorney dragged two other defendants into the case along with Gary -- Nehemiah Jackson (whose charges were dropped after the first trial) and Zurebu Gardner. Now the prosecution has given up all semblance of credibility with this latest dropping of charges, and we may now assume that since Lawton is the only defendant, the Riverside authorities will be going after him with full force and all the trumped-up evidence they can muster.

Further problems between the Judge and prosecution have surfaced to frustrate government strategy in this third trial. The battle apparently ensued following Judge Estudillo's dismissal of the charges against Gardner, at which time; the District Attorney's office charged that the Judge couldn?t conduct a fair trial on the basis that he had made up his mind about some of the witnesses the state was planning to call. At this point, the DA's office asked the Judge to remove himself from the case. Estudillo responded by saying that another judge will have to hold a hearing to decide if he should be removed. Because of this hearing, the trial was again postponed until Oct. 22nd. Based on information received from the Riverside Prisoners Defense Committee (RPPDC), the Judicial Council of Riverside County is backing Judge Estudillo's refusal to remove himself from the trial. These judges are not about to let the prosecutor throw the case off onto them.

In spite of the charges of murder being dropped against Gardner, he and two other members of the RPPDC, Chukia Lawton and Rusty Bronaugh, are facing charges stemming from a Riverside police attack which occurred last March. At the time of this attack, defense committee members were at the courthouse to show support for another defense worker, William Palmer, who was on trial for an alleged assault on a policeman with a "rusty hubcap." Palmer was convicted and is now serving ten year sentence in California's Chino prison.

Though Gardner and Chukia Lawton seriously injured at this courthouse attack, Gardner was charged with felonious assault on a police officer and he is expected to go to trial at the end of November. Chukia was charged with a misdemeanor assault and resisting arrest and Rusty Bronaugh was charged with interfering with a police officer in the performance of his duties. Their trial is scheduled to being, for the second time, on November 4th. The first trial of Chukia and Rusty ended in a hung jury and they are to be retried -- a familiar pattern in Riverside. The obvious attack on the RPPDC has very clear-cut-goals -- first, to intimidate, isolate and destroy the credibility of the support of Gary Lawton, while simultaneously undermining the defense capabilities of Gary. These blatantly repressive tactics have been, and will continue to be, used when strong community leaders of oppressed Third World communities rise to confront the system of imperialism which oppresses us all.

It is important that people push even harder to see that the charges against Gary Lawton, as well as those brought against RPPDC members, are dropped. The defense committee is asking that people immediately telegram or write the following people, demanding that the charges against Gary Lawton be dismissed: Presiding Judge Richard Marsh, Riverside Superior Court, PO Box 1748, Indio, CA 92201; Bryon Morton, District Attorney, 3535 10th St., Riverside, CA 92501; and Norton Younglove, Riverside Board of Supervisors, 4050 Main St., Riverside, CA 92501. It is important that immediate public pressure be put on Riverside authorities to end this outrageous frame-up. For more information on this case, contact: RPPDC, P.O. Box 244, Riverside CA 92502, or the VVAW/WSO National Office in Chicago.