by chickpea & Craig R.
[May 15, 2001] An hour and a half before they were scheduled to be present for a May 9 hearing on their Motion for a Change of Venue, the Huntsville 8 received a phone call indicating that their hearing, and the rest of Judge Barbara Hale's docket, had been canceled.
The reason that the Huntsville 8 are seeking a change of venue, according to Audrey Morales, one of the defendants, is, "The trial must be moved because it is impossible for anti-death penalty protestors to get a fair trial in Huntsville, death penalty capitol of the world."
This is the second time notification of cancellation was delayed until they were already on their way to Huntsville from Houston, Texas. The hearing has been rescheduled for June 13. There was no reason given for the delay.
Background
The eight were arrested on June 22, 2000 while protesting the state-sanctioned murder of Shaka Sankofa, formerly known as Gary Graham. That day, over one thousand protesters gathered outside the Walls Unit in Huntsville, Texas, to express their outrage at the state's execution of a potentially innocent man. In the midst of this historic protest, the Huntsville 8 were described by media as "storming the barricades" minutes before the execution was scheduled to take place at 6 PM. They were the first people to be arrested in Huntsville for protesting the death penalty.
Seven of the Huntsville 8 are charged with criminal trespass, a class B misdemeanor, which is punishable by up to 180 days in jail and a $2000 fine. All from Houston, they are Ben Browning, Britt Coleman, Renee Feltz, Audrey Morales, Travis Morales, Charlie Phillips, and Jeremy Smith. The eighth member of the group is Beatriz Torres from Houston, who is charged with felony assault, a 3rd degree felony that carries a sentence of up to 10 years, according to ACLU attorney Greg Gladden.
Since their arrests, the case has received both national and international attention. A letter writing campaign, in which the Judge and District Attorney were hit with letters and faxes demanding that the charges be dropped, was participated in by people from around the world who oppose the death penalty and believe that opposition of the death penalty must not be criminalized.
The prosecution of the Huntsville seems designed to suppress further expressions of dissent against the death penalty and the system of injustice it serves. The group has relied upon supporters to pack the courtroom each time they make a court appearance as a way of using this case to expose the state's Death Machine.
Why a Change of Venue?
The Motion for a Change of Venue was filed based upon evidence that it is impossible for anti-death penalty protesters to receive a fair trial in the death penalty capital of the world -- dubbed by some present as the "Auschwitz of Texas." All of Texas' death row prisoners have been executed at the Walls Unit in Huntsville since the 1920'
Over two weeks prior to the hearing the protester's attorney, Greg Gladden, filed the motion along with two notarized affidavits signed by Huntsville residents. These statements indicated their belief that it would be impossible for the Huntsville 8 to receive a fair trial in the town where all of Texas' executions have taken place since 1982. The prosecuting District Attorney, David Weeks, has filed a counter affidavit arguing that these statements are biased.
The motion noted that Sankofa's execution caused "great fear that there would be rioting in the streets, bloodshed and property damage. The fear and tension were so extensive that businesses actually closed down early in anticipation of the protests surrounding the event. The people of Walker County were in the middle of a political, moral, and religious debate."
The publicity leading up to, and following, the execution is chronicled in the motion by the inclusion of copies of numerous newspaper articles from the local daily, The Huntsville Item. The witness statements indicate that the "protesting, the media coverage, and the strong political and moral ramifications of the event have created so great a prejudice against the defendant in Walker County, Texas, that a fair trial is not possible."
The Message is Clear
Although the May 9 hearing was canceled, a press conference was still held on the steps of the Walker County Courthouse during which the Huntsville 8 argued that the state is again using the "justice" system as a tool to of classist and racist oppression, as well as for suppression of dissent. It was noted that this delay and other actions taken by Walker County indicate a desire to avoid the scrutiny this case brings to the Texas Death Machine. During the press conference, demonstrators carried signs saying "Justice in Huntsville is A Joke", "Stop the Texas Death Machine," "Drop All Charges Against the Huntsville 8," and "Long Live the Revolutionary Spirit of Shaka Sankofa."
The anti-protester atmosphere that was in effect with the shoving, grabbing and threatening with arrest of one of the defendants by the bailiff in the hallway outside of the courtroom at the group's January 10 hearing continued with this appearance. While attempting to use the restroom another defendant was harshly told by the bailiff to leave the building because he was holding a posterboard sign. Even after volunteering to fold the sign in half so that it could not be read, he was threatened with arrest if he "had to be told again." When asked about the allegations of shoving one of the defendants around he claimed: "That had never happened. And that I never did anything I was told not to do."
The bailiff later stood outside with other law enforcement officials and looked on while the press conference took place. While somewhat menacing, his demeanor in front of the media was much more subdued than usual. This man would be the officer who would usher in a jury if the Huntsville 8 were to go to court in Walker County.
The message on May 9 was clear: justice in Huntsville is a joke. Audrey Morales, when asked why the courts were pursuing these charges stated that, "Basically they are trying to suppress anti-death penalty protestors in Huntsville."
Supporters who were prepared to pack the courtroom included members of the Texas Death Penalty Abolition Movement, The Harris County Green Party, the Anarchist Black Cross Federation, Houstonians United for Mumia, Food Not Bombs, La Resistencia, and supporters of the Revolutionary Communist Party. Local media, as well as reporters from Houston and Austin, Texas, were present to hear the Huntsville 8 argue that the only crime committed on June 22, 2000 was the murder of Shaka Sankofa.
A statement is being now being circulated nationally and internationally to give voice to the growing support for the Huntsville 8. The group plans to publish this statement in local newspapers and magazines on June 22, 2001.
The Huntsville 8's rescheduled hearing for a change of venue will take place on June 13 at 1:30 PM. They have called upon supporters to pack the courtroom because, as they stated during the press conference: "We know that the state will try to use its 'justice' system to suppress dissent, but that this case will stop their attempts to cover up the crimes of the Texas death machine."
For more information contact: huntsville8@hotmail.com
Sign on to the statement in support of the Huntsville 8!
[posted 8/17/01]
Join Refuse
& Resist!
305 Madison Ave., Suite 1166, New York, NY 10165
Phone: 212-713-5657
email: info@refuseandresist.org