User:CliffC/Sandbox4

From Wikipedia, the free encyclopedia

Contents

[edit] Bronx bank robbery trials

In her 1973 trial for a September 29, 1972 $3,700 robbery of the Manufacturer's Hanover Trust Company in Bronx, Shakur and her co-defendant Kamau Sadiki (born Fred Hilton) represented themselves while their lawyers stayed mute, in protest of Judge Gagliardi allotting them what they perceived to be insufficient time for a proper defense.[1][2] Seven other BLA members were indicted by District Attorney Eugene Gold in connection with the series of holdups and shootings on the same day,[3] who—according to Gold—represented the "top echelon" of the BLA as determined by a year long investigation.[4]

During the trial, the defendants were escorted to a "holding pen" outside the courtroom several times after shouting complaints and epithets at Judge Gagliardi.[5] While in the holding pen, they listened to the proceedings over loudspeakers.[6] Both defendants were repeatedly cited for contempt of court and eventually barred from the courtroom, where the trial continued in their absence.[1] The state's case rested largely on the testimony of two men who had pleaded guilty to participating in the holdup.[7] The prosecution called four witnesses: Avon White and John Rivers (both of whom had been convicted of the robbery on September 29, 1972) and the manager and teller of the bank.[8] White and Rivers, although convicted, had not yet been sentenced for the robbery and were promised that the charges would be dropped in exchange for their testimony.[8] White and Rivers testified that Shakur had guarded one of the doors with a .357 magnum pistol and that Fred Hilton had served as a lookout and drove the getaway truck during the robbery; neither White nor Rivers was cross-examined due to the defense attorney's refusal to participate in the trial.[8] Shakur's aunt and lawyer, Evelyn Williams was also cited for contempt after walking out of the courtroom after many of her attempted motions were denied.[1] The trial was delayed for a few days after Shakur was diagnosed with pleurisy.[9]

A contemporary New York Times editorial criticized Williams for failing to maintain courtroom "decorum", comparing her actions to William Kunstler's recent contempt conviction for his actions during the "Chicago Seven" trial.[10] Sadiki's lawyer, Robert Bloom, attempted to have the trial dismissed and then postponed due to new "revelations" regarding the credibility of White, a former co-defendant working for the prosecution.[11] Bloom had been assigned to defend Hilton over the summer, but White was not disclosed as a government witness until right before the trial.[12] Judge Gagliardi instructed both the prosecution and the defense not to bring up Shakur or Sadiki's connections to the BLA, saying they were "not relevant".[11] Gagliardi denied requests by the jurors to pose questions to the witnesses—either directly or through him—and declined to provide the jury with information they requested about how long the defense had been given to prepare, saying it was "none of their concern".[13] This trial resulted in a hung jury and then a mistrial when the jury reported to Gagliardi that they were hopelessly deadlocked for the fourth time; although none of the jurors spoke publicly about the deliberations, only one juror was reportedly opposed to conviction.[12]

[edit] Retrial

The retrial was delayed for one day to give the defendants more time to prepare.[14] The new jury selection was marked by attempts by Williams to be relieved of her duties due to disagreements with Shakur as well as Hilton's attorney.[15] Judge Arnold Bauman denied the application, but directed another lawyer, Howard Jacobs, to defend Shakur while Williams remained the attorney of record.[15] Shakur was ejected following an argument with Williams, and Hilton left with her as jury selection continued.[16] After the selection of twelve jurors (60 were excused), Williams was allowed to retire from the case, with Shakur officially representing herself, assisted by lawyer Florynce Kennedy.[17] In the retrial, White testified that the six alleged robbers had saved their hair clippings to create disguises, and identified a partially obscured head and shoulder in a photo taken from a surveillance camera as Shakur's.[18] Kennedy objected to this identification on the grounds that the prosecutor, assistant United States attorney Peter Truebner, had offered to stipulate that Shakur was not depicted in any of the photographs.[18] Although both White and Rivers testified that Shakur was wearing overalls during the robbery, the person identified as Shakur in the photograph was wearing a jacket.[19] The defense attempted to discredit White on the grounds that he had spent eight months in Matteawan Hospital for the Criminally Insane in 1968, and White countered that he had faked insanity (by claiming to be Allah in front of three psychiatrists) to get transferred out of prison.[20]

Shakur personally cross-examined the witnesses, getting White to admit that he had once been in love with her; the same day, one juror (who had been frequently napping during the trial) was replaced with an alternate.[21] Like the first trial, the retrial was marked by the defendants leaving and/or being thrown out of the court room for periods of varying lengths.[22] Both defendants were acquitted in the retrial; six jurors interviewed after the trial stated that they did not believe the two key prosecution witnesses.[19] Shakur was immediately returned to Morristown, New Jersey under a heavy guard following the trial.[19] Louis Chesimard (Shakur's ex-husband) and Paul Stewart, the other two alleged robbers, had been acquitted in June.[23]

  1. ^ a b c Perkins, 2000, p. 81.
  2. ^ The New York Times. (December 14, 1973). "Chesimard Verdict Still Awaited Here". p. 31.
  3. ^ Los Angeles Times. (August 23, 1973). "9 'Black Liberation' Suspects Indicted". p. 2.
  4. ^ Butler, Vincent. (August 24, 1973). "Black Liberation leaders indicted". Chicago Tribune, p. A16.
  5. ^ Lichtenstein, Grace. 1973-12-06. "New Outbursts Mark Chesimard Trial". The New York Times. Retrieved on 2008-06-12.
  6. ^ Dugan, George. 1974-01-27. "Mrs. Chesimard Expects a Child". The New York Times. Retrieved on 2008-06-12.
  7. ^ The New York Times. (December 30, 1973). "Chesimard Acquitted". p. 104.
  8. ^ a b c Prial, Frank J. (December 12, 1973). "Prosecution Rests Case on Chesimard Robbery Trial; Defendant Ejected". The New York Times, p. 54.
  9. ^ The New York Times. (December 7, 1973). "Miss Chesimard Ill; Trial Here Delayed". p. 55.
  10. ^ The New York Times. (December 8, 1973). "Order in Court". p. 34.
  11. ^ a b Lichtenstein, Grace. (December 11, 1973). "Judge and Defendants Clash Again as Chesimard Jury Is Chosen". The New York Times, p. 31.
  12. ^ a b Prial, Frank J. (December 15, 1973). "Mistrial Declared in Chesimard Case as Jury Splits 11-1". The New York Times, p. 28.
  13. ^ Prial, Frank J. (December 13, 1973). "Chesimard Trial Goes To The Jury". The New York Times, p. 42.
  14. ^ The New York Times. (December 18, 1973). "2d Chesimard Trial Delayed". p. 45.
  15. ^ a b The New York Times. (December 19, 1973). "Second Chesimard Jury Being Picked". p. 47.
  16. ^ The Hartford Courant. (December 19, 1973). "Court Ejects Defendant Again". p. 74B.
  17. ^ The New York Times. (December 20, 1973). "Jury Picked for New Chesimard Trial". p. 43.
  18. ^ a b Prial, Frank J. (December 21, 1973). "Mrs. Chesimard Is Ousted Again as 2d Trial for Robbery Begins". The New York Times, p. 8.
  19. ^ a b c Chambers, Marcia. (December 29, 1973). "Mrs. Chesimard Wins Acquittal". The New York Times, p. 16.
  20. ^ The New York Times. (December 22, 1973). "U.S. Witness Tells Of Faking Insanity". p. 29.
  21. ^ The New York Times. (December 25, 1973). "Robbery Defendant Questions Witness". p. 19.
  22. ^ Chambers, Marcia. (December 27, 1973). "Mrs. Chesimard, in Summation, Terms Holdup Case Contrived". The New York Times, p. 41.
  23. ^ Chambers, Marcia. (December 28, 1973). "2d Jury Here Begins Weighing Chesimard Bank-Robbery Case". The New York Times, p. 24.


[edit] Allegations and manhunt

Shakur was booked on charges of attempted robbery, felonious assault, reckless endangerment, and possession of a deadly weapon on April 6, 1971 after being shot in the stomach during a struggle with a guest at a Midtown Manhattan hotel. According to police, Shakur knocked on the door of a room occupied by an out-of-town guest and asked "Is there a party going on here?" The occupant said there was no party; Shakur then allegedly displayed a revolver and a struggle ensued, during which she was shot.[1]



, when allegedly attempting to rob him of $250.[2] Shakur was released on bail.[3]

[4]

[4]

  1. ^ a b c Perkins, 2000, p. 81.
  2. ^ The New York Times. (December 14, 1973). "Chesimard Verdict Still Awaited Here". p. 31.
  3. ^ Los Angeles Times. (August 23, 1973). "9 'Black Liberation' Suspects Indicted". p. 2.
  4. ^ Butler, Vincent. (August 24, 1973). "Black Liberation leaders indicted". Chicago Tribune, p. A16.
  5. ^ Lichtenstein, Grace. 1973-12-06. "New Outbursts Mark Chesimard Trial". The New York Times. Retrieved on 2008-06-12.
  6. ^ Dugan, George. 1974-01-27. "Mrs. Chesimard Expects a Child". The New York Times. Retrieved on 2008-06-12.
  7. ^ The New York Times. (December 30, 1973). "Chesimard Acquitted". p. 104.
  8. ^ a b c Prial, Frank J. (December 12, 1973). "Prosecution Rests Case on Chesimard Robbery Trial; Defendant Ejected". The New York Times, p. 54.
  9. ^ The New York Times. (December 7, 1973). "Miss Chesimard Ill; Trial Here Delayed". p. 55.
  10. ^ The New York Times. (December 8, 1973). "Order in Court". p. 34.
  11. ^ a b Lichtenstein, Grace. (December 11, 1973). "Judge and Defendants Clash Again as Chesimard Jury Is Chosen". The New York Times, p. 31.
  12. ^ a b Prial, Frank J. (December 15, 1973). "Mistrial Declared in Chesimard Case as Jury Splits 11-1". The New York Times, p. 28.
  13. ^ Prial, Frank J. (December 13, 1973). "Chesimard Trial Goes To The Jury". The New York Times, p. 42.
  14. ^ The New York Times. (December 18, 1973). "2d Chesimard Trial Delayed". p. 45.
  15. ^ a b The New York Times. (December 19, 1973). "Second Chesimard Jury Being Picked". p. 47.
  16. ^ The Hartford Courant. (December 19, 1973). "Court Ejects Defendant Again". p. 74B.
  17. ^ The New York Times. (December 20, 1973). "Jury Picked for New Chesimard Trial". p. 43.
  18. ^ a b Prial, Frank J. (December 21, 1973). "Mrs. Chesimard Is Ousted Again as 2d Trial for Robbery Begins". The New York Times, p. 8.
  19. ^ a b c Chambers, Marcia. (December 29, 1973). "Mrs. Chesimard Wins Acquittal". The New York Times, p. 16.
  20. ^ The New York Times. (December 22, 1973). "U.S. Witness Tells Of Faking Insanity". p. 29.
  21. ^ The New York Times. (December 25, 1973). "Robbery Defendant Questions Witness". p. 19.
  22. ^ Chambers, Marcia. (December 27, 1973). "Mrs. Chesimard, in Summation, Terms Holdup Case Contrived". The New York Times, p. 41.
  23. ^ Chambers, Marcia. (December 28, 1973). "2d Jury Here Begins Weighing Chesimard Bank-Robbery Case". The New York Times, p. 24.

[edit] Allegations and manhunt

Shakur was booked on charges of attempted robbery, felonious assault, reckless endangerment, and possession of a deadly weapon on April 6, 1971 after being shot in the stomach during a struggle with a guest at a Midtown Manhattan hotel. According to police, Shakur knocked on the door of a room occupied by an out-of-town guest and asked "Is there a party going on here?" The occupant said there was no party; Shakur then allegedly displayed a revolver and a struggle ensued, during which she was shot.[1]



, when allegedly attempting to rob him of $250.[5] Shakur was released on bail.[6]

[4]

[4]

  1. ^ a b c Perkins, 2000, p. 81.
  2. ^ The New York Times. (December 14, 1973). "Chesimard Verdict Still Awaited Here". p. 31.
  3. ^ Los Angeles Times. (August 23, 1973). "9 'Black Liberation' Suspects Indicted". p. 2.
  4. ^ Butler, Vincent. (August 24, 1973). "Black Liberation leaders indicted". Chicago Tribune, p. A16.
  5. ^ Lichtenstein, Grace. 1973-12-06. "New Outbursts Mark Chesimard Trial". The New York Times. Retrieved on 2008-06-12.
  6. ^ Dugan, George. 1974-01-27. "Mrs. Chesimard Expects a Child". The New York Times. Retrieved on 2008-06-12.
  7. ^ The New York Times. (December 30, 1973). "Chesimard Acquitted". p. 104.
  8. ^ a b c Prial, Frank J. (December 12, 1973). "Prosecution Rests Case on Chesimard Robbery Trial; Defendant Ejected". The New York Times, p. 54.
  9. ^ The New York Times. (December 7, 1973). "Miss Chesimard Ill; Trial Here Delayed". p. 55.
  10. ^ The New York Times. (December 8, 1973). "Order in Court". p. 34.
  11. ^ a b Lichtenstein, Grace. (December 11, 1973). "Judge and Defendants Clash Again as Chesimard Jury Is Chosen". The New York Times, p. 31.
  12. ^ a b Prial, Frank J. (December 15, 1973). "Mistrial Declared in Chesimard Case as Jury Splits 11-1". The New York Times, p. 28.
  13. ^ Prial, Frank J. (December 13, 1973). "Chesimard Trial Goes To The Jury". The New York Times, p. 42.
  14. ^ The New York Times. (December 18, 1973). "2d Chesimard Trial Delayed". p. 45.
  15. ^ a b The New York Times. (December 19, 1973). "Second Chesimard Jury Being Picked". p. 47.
  16. ^ The Hartford Courant. (December 19, 1973). "Court Ejects Defendant Again". p. 74B.
  17. ^ The New York Times. (December 20, 1973). "Jury Picked for New Chesimard Trial". p. 43.
  18. ^ a b Prial, Frank J. (December 21, 1973). "Mrs. Chesimard Is Ousted Again as 2d Trial for Robbery Begins". The New York Times, p. 8.
  19. ^ a b c Chambers, Marcia. (December 29, 1973). "Mrs. Chesimard Wins Acquittal". The New York Times, p. 16.
  20. ^ The New York Times. (December 22, 1973). "U.S. Witness Tells Of Faking Insanity". p. 29.
  21. ^ The New York Times. (December 25, 1973). "Robbery Defendant Questions Witness". p. 19.
  22. ^ Chambers, Marcia. (December 27, 1973). "Mrs. Chesimard, in Summation, Terms Holdup Case Contrived". The New York Times, p. 41.
  23. ^ Chambers, Marcia. (December 28, 1973). "2d Jury Here Begins Weighing Chesimard Bank-Robbery Case". The New York Times, p. 24.