Angola 3 News: Kiilu Nyasha & Emory Douglas: Remembering Oscar Grant, Resisting Police Brutality and Murder

Friday, January 1, 2010

Kiilu Nyasha & Emory Douglas: Remembering Oscar Grant, Resisting Police Brutality and Murder

Remembering Oscar Grant, Resisting Police Brutality and Murder

--An interview with former Black Panthers Kiilu Nyasha and Emory Douglas

By Angola 3 News

Exactly one year ago, in the early hours of January 1st, 2009, twenty two year-old Oscar Grant III was murdered by white BART police officer Johannes Mehserle. Officer Mehserle shot Grant in the back as he lay face-down on the Fruitvale BART platform with white BART officer Tony Pirone's knee in Grant’s shoulder. Moments earlier, officer Pirone was overheard and recorded on video yelling at Oscar Grant, calling him a "bitch ass nigger."

The shooting of Oscar Grant was recorded my numerous BART passengers, and this video evidence is central to the District Attorney's prosecution of Johannes Mehserle for murder. After preliminary hearings, the judge ruled on June 18 that there is enough evidence to charge him with murder, and the location of the upcoming trial has since been moved to Los Angeles.

BART has hired outside organizations to conduct investigations of events surrounding the shooting and their police force overall, but as of yet has still taken no action to reprimand any of its officers for their actions that night nor Chief Gee or General Manager Dorothy Dugger for their handling of the situation after the murder. Activists continue to fight for justice for Oscar Grant.

Resisting Police Brutality and Murder

Accompanying this video interview with former Black Panther Party members Emory Douglas and Kiilu Nyasha are photographs from the SF Bay Area news website Indybay.org, which documented the January 7, 2009 rebellion in Oakland just days after Oscar Grant’s murder. As Indybay reports, at 11am that morning, “a memorial service was held for Oscar Grant at Palma Ceia Baptist Church in Oakland. In the early afternoon of January 7th, it was announced that officer Johannes Mehserle had resigned from the BART police force so he would not be forced to testify at an internal hearing.”

“Later in the day, a rally was held at the Fruitvale BART station. Protesters gathered at 3pm and by 5pm the crowd had swelled to over one thousand people…After dozens of speakers addressed the crowd for about 2 hours, a march began. Hundreds of protesters marched up International Blvd towards downtown Oakland. As the crowd passed the Lake Merritt BART area, there was a brief confrontation where a police car was attacked and a dumpster lit on fire. Within minutes, riot police arrived and shot tear gas into the crowd. The protest continued into the night…” To learn more about January 7 and the continued movement seeking justice for Oscar Grant, please visit Indybay’s page dedicated to Oscar Grant here.

Emory Douglas first served as the art director for the Black Panther Party’s newspaper, and later served as Minister of Culture until 1980. Throughout these years, Emory’s iconic artwork was published in the BPP newspaper and beyond. His artwork is featured in this video, and in the new book entitled “Black Panther: The Revolutionary Art of Emory Douglas.” Emory was interviewed in San Francisco by Angola 3 News in October 2009. Learn more about Emory here. This is the third segment of our interview to be released. Watch parts one and two below.

Kiilu Nyasha is a San Francisco-based journalist and former member of the Black Panther Party. Through the end of 2009, Kiilu hosted a weekly TV program, "Freedom Is A Constant Struggle," on SF Live, and many of her shows are archived here. Kiilu also writes for several publications, including the SF Bay View Newspaper and BlackCommentator.com. Also an accomplished radio programmer, she has worked for KPFA (Berkeley), SF Liberation Radio, Free Radio Berkeley, and KPOO in SF. To learn more and watch the archives of Kiilu's TV show, please visit her new website here. Kiilu was interviewed in San Francisco by Angola 3 News in November 2009. This is the third segment of our interview to be released. Watch parts one and two below.

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Angola 3 Basics

(Download a flyer version of this fact sheet here.)

In 1972, deep in rural Louisiana, three young black men were silenced for trying to expose continued segregation, systematic corruption, and horrific abuse in the biggest prison in the US, an 18,000 acre former slave plantation called Angola.

Peaceful, non-violent protest in the form of hunger and work strikes organized by inmates caught the attention of Louisiana’s elected leaders and local media in the early 1970s. They soon called for investigations into a host of unconstitutional and extraordinarily inhumane practices commonplace in what was then the “bloodiest prison in the South.” Eager to put an end to outside scrutiny, prison officials began punishing inmates they saw as troublemakers.

At the height of this unprecedented institutional chaos, Herman Wallace, Albert Woodfox, and Robert King were charged with murders they did not commit and thrown into 6x9 foot solitary cells where they remained for decades.

Their struggle for justice continued until Robert was released in 2001, Herman in 2013, and Albert in 2016.

Despite a number of reforms achieved in the mid-70s, many officials repeatedly ignored both evidence of misconduct, and of innocence.

The State’s case was riddled with inconsistencies, obfuscations, and missteps. A bloody print at the murder scene did not match Herman, Albert or anyone charged with the crime and was never compared with the limited number of other prisoners who had access to the dormitory on the day of the murder. In 2008, NPR asked Louisiana Attorney General Buddy Caldwell why the state refused to test the print. "A fingerprint can come from anywhere," Caldwell explained. "We're not going to be fooled by that."

Potentially exculpatory DNA evidence was “lost” by prison officials—including fingernail scrapings from the victim and barely visible “specks” of blood on clothing alleged to have been worn by Albert.

Both Herman and Albert had multiple alibi witnesses with nothing to gain who testified they were far away from the scene when the murder occurred.

In contrast, several State witnesses lied under oath about rewards for their testimony. The prosecution’s star witness Hezekiah Brown told the jury: “Nobody promised me nothing.” But new evidence showed Hezekiah, a convicted serial rapist serving life, agreed to testify only in exchange for a pardon, a weekly carton of cigarettes, TV, birthday cakes, and other luxuries.

“Hezekiah was one you could put words in his mouth,” the Warden reminisced chillingly in an interview about the case years later.

Notably, Teenie Rogers, the widow of the victim, prison guard Brent Miller, after reviewing the evidence believed Herman and Albert’s trials were unfair, expressed grave doubts about their guilt, and called upon officials to find the real killer. "“Each time I look at the evidence in this case, I remember there is no proof that the men charged with Brent’s death are the ones who actually killed him. It’s easy to get caught up in vengeance and anger, but when I look at the facts, they just do not add up,” said Rogers in 2013.

Herman’s conviction was finally overturned in October 2013 by a Federal Judge. Although his trial was riddled with evidence of prosecutorial misconduct and other constitutional violations, it was the systematic exclusion of women from his jury in violation of the 14th Amendment that freed him. Unfortunately he was released in the late stages of advanced liver cancer and only experienced 3 days of freedom. Sadly for Herman, justice delayed was justice denied.

Albert’s conviction was overturned three times by judges citing racial discrimination, prosecutorial misconduct, inadequate defense, and suppression of exculpatory evidence. While the case worked its way through endless appeals, Louisiana officials refused to release Albert from solitary, even when no longer convicted of the crime, because “there’s been no rehabilitation” from “practicing Black Pantherism.”4

In June 2015, a Federal Judge courageously ordered Albert's immediate release and barred a retrial stressing the “Court's lack of confidence in the State to provide a fair third trial." This extraordinary remedy was also frozen pending yet another series of appeals.

Finally, Albert was released in February of 2016, 43 years and 10 months after first being put in isolation for a crime he didn’t commit.

Louisiana today has the highest incarceration rate in the US—thus the highest in the world.

Three-fourths of the 5,000+ prisoners at Angola are African American. And due to some of the harshest sentencing practices in the nation, 97% will die there.

Reminiscent of a bygone era, inmates still harvest cotton, corn and wheat for 4 to 20 cents an hour under the watchful eye of armed guards on horseback.

We believe that only by openly examining the failures and inequities of the criminal justice system in America can we restore integrity to that system.

We must not wait.

We can make a difference.

As the A3 did years before, now is the time to challenge injustice and demand that the innocent and wrongfully incarcerated be freed.

Cruel and Unusual Punishment

In 2000, Herman, Albert and Robert filed a civil lawsuit challenging the inhumane and increasingly pervasive practice of long-term solitary confinement. Magistrate Judge Dalby described their decades of isolation as “so far beyond the pale” she could not find “anything even remotely comparable in the annals of American jurisprudence.” Over the course of 16 years, this seminal case detailed unconstitutionally cruel and unusual treatment and systematic due process violations at the hands of Louisiana officials and inspired worldwide action to end long term solitary.