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Acquital and Retrial: Gary LawtonBy VVAWPolitical repression has become a part of the American way of life. Everyday, brothers and sisters are being railroaded into prison for political activity by a racist, repressive judicial system. White America has largely been oblivious to political repression, and it's institutionalized counterpart - racism, as they have both been mainly directed at the various 3rd World communities of the US - black, brown, red, and yellow. But as all people of this country are being subjected to steady loss of political freedom and civil rights, it beomces increasingly important that mid-America awakes to the threat this poses, and at the same time understands how racism is an integral part of the process. VVAW sees how racism and repression, two heads of the same coin, are blatantly demonstrated in the case of VVAW brother Gary Lawton. Gary Lawton, along with Nehemiah Jackson and Larrie Gardner, is charged with the April 2nd, 1971 slaying of two Riverside, California police officers. To anyone possessing the slightest objectivity, it is clear that the primary purpose of the case is the political repression of Riverside's black community. Arrested, denied bail, and finally brought to trial in September, 1972, the case of these three men ended in a mistrial on February 16, 1973. It was the longest criminal trial in the history of Riverside and San Berardnino counties As the presiding judge, Warren E. Slaughter, refused the defendants bail, they have already spent an incredible length of time in jail: Gary has been in jail for 22 months ? Nehemiah and Larrie for 16. Now the trial must start all over again where it began six months ago. Pretrial motions are set for mid-March. There the defense will again have to seek motions for a change of venue, voire dire the jury, and most importantly, try to get bail set. There is a very good chance that the defendants can be forced to spend another two years in jail. Already, from his 22 months in jail, Gary is suffering from a seriously strepped throat and has been spitting up blood. While the prison doctor says he should be taken to the dispensary, the police refuse. Both Gary and Larrie are being regularly harrassed by the police while they are in jail. As these men have yet to be convicted of any crime, how is it that they can be jailed so long under such inhumane conditions? VVAW feels that the answer can be understood only by first understanding the repressive, racist enviroment that the black community of Riverside lives in. While the city fathers of Riverside would have us believe that its race relations were a model of harmony, Riverside, like all U.S. cities, treats its minority groups as anything but 1st class citizens. Tension in the black community dramatically increased in March 1971, when a black man, William Palmer was shot, according to police, while resisting arrest. According to community residents he was shot in the back while walking away from the police. With community feelings running very high, things came to a head on April 2nd, when two white officers were killed in what police labeled an "ambush slaying." This incident took place in the Bordwell Park area, the scene of previous racial turmoil in Riverside. With the press, the police tried to play down any connections between the killings and racial tension in Riverside. The RPD did not exhibit the same concern in Riverside's black community however. The entire 185 man force was put on alert; all days off and leaves were cancelled. Then followed what community residents described as a reign of terror. Roadblocks were set up all around the community. Blacks were indiscriminately stopped, searched, and questioned. At one point, police broke into a community church while services were going on. They rounded up the entire congregation, scared the children half to death, and searched everybody for weapons. To maintain Riverside's reputation of being a 'trouble-free' city, the killers would have to be caught. As the search dragged on, however, no suspects could be found. Thus, the decision was made to manufacture one. At this point, the investigation suddenly pointed to Gary Lawton Gary, an ex-marine and self-employed maintenance man, had long been regarded as one of Riverside's "chief black militants" for his work in community organizations. He was thus a major thorn in the side of the city's local authorities, Unable to locate the real killers, Gary Lawton was picked as the next best thing: the man the city would most like to have out of the way. The police then rounded out their case by arresting Neheniah Jackson and Larrie Gardner None of these three men knew each other before they were arrested. As Kafka-esque as this seems, it actually occurred. These men were arrested and charged with the crime without there being the slightest bit of valid evidence. The truth of this statement is fully borne out in the testimony of the trial. One witness, a niece of a Riverside policeman, testified that she saw the killers, and that Gary Lawton was not one of them. Another witness, a woman that lived across the street from Gary's home, testified that she heard some shots, went outside, and observed Gary working on his car at the exact time the murders were committed. She also testified that as an old woman, she was not friendly with the young Lawton couple. The prosecution on the other hand produced no evidence to link Gary with the murders. Thus the all white jury initially returned a verdict of 10-2 for acquittal. Not satisfied with that, Judge Slaughter ordered them to go back and return another verdict. After being held incommunicado for 14 straight days, the jury still voted 9-3 for acquittal. The trial had proven conclusively that the prosecution did not in fact have a case; but that it seems didn't matter very much. Although he had the option to drop the case, Riverside District Attorney, Byron Morton, said the verdict "didn't carry too much influence in the decision to reprosecute. This is a pretty important case..." Morton's reasoning is difficult to understand when one realizes that the verdict of 9-3 had come from an all white jury in a very racially prejudiced community. This jury had not only been concerned that the police would go to such lengths to frame innocent men, but also that the police would harass and intimidate the black community at large. One juror said that "these were definitely the wrong men." Another juror said that "they never should have been brought to trial." The blatant attempts by the court to convict the defendants, with or without a fair trial, have been nothing short of incredible. Wives and families of Riverside's police officers have stacked the courtroom everyday. They were allowed to enter the courtroom before anyone else, including reporters and defendants' supporters that attended the trial. One sister was ordered from the courtroom for not sitting up in her seat properly. The Rev. Al Dortch of SCLC was thrown out of court for yawning. VVAW member Ron Kovic's appearance in court moved Judge Slaughter to say, "I don't know who that vet is and I don't want him falling out of his wheelchair and claiming police brutality." And they say it can't happen here! The trial of Gary Lawton stands as a symbol of much of what's wrong with the U.S. today. Rather than solve the pressing problems facing our society - poverty, poor medical care, poor educational institutions, unemployment, drug abuse - the decision has been made to suppress the political protest and dissent that these problems inevitably produce. Just as this is the case in Riverside, California, so is it the case through out the U.S.A.. Gary Lawton stands as a symbol of that political dissent. Racial prejudice, whether in the court system, job market or wherever, is used as the grease on the wheels of political repression of 3rd World communities. Gary Lawton stands as a symbol of resistance to that racism. In the city's attempt to convict them, the 'impartial' trial given Gary, Nehemiah and Larrie has so far cost the taxpayers of Riverside almost two million dollars. Fortunately it hasn't so far been able to buy a conviction. The defense, as opposed to the prosecution, has only spent a total of $25,000. They are some $3,000 in debt and will need a minimum of another $10,000 to finish the second trial. THE DEFENSE REALLY NEEDS OUR HELP! At the moment Gary Lawton does not have a lawyer. Among other reasons, his lawyer quit because of the horrible financial situation. If you can help, send contributions to the RIVERSIDE POLITICAL PRISONERS DEFENSE COMMITTEE, PO BOX 5154, SAN BERNARDINO, CALIF. 92412. NATIONAL COMMITTEE FREE GARY LAWTON! FREE US ALL! SAY ON!!!!!
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