{"id":2489,"date":"2007-10-10T21:00:50","date_gmt":"2007-10-11T02:00:50","guid":{"rendered":"http:\/\/karmalised.com\/?p=2489"},"modified":"2007-10-10T21:00:50","modified_gmt":"2007-10-11T02:00:50","slug":"defense-motion-on-torture-statements-denied-in-sf-8-case","status":"publish","type":"post","link":"http:\/\/karmalised.com\/?p=2489","title":{"rendered":"Defense Motion on Torture Statements Denied in SF 8 Case"},"content":{"rendered":"

Committee for the Defense of Human Rights<\/a><\/strong><\/p>\n

Hearing Held October 10, 2007<\/font><\/a><\/p>\n

In front of a packed courtroom, SF 8 presiding Judge Moscone denied a significant defense motion asking that statements made under torture by Harold Taylor in 1973 be precluded from consideration in this case.<\/p>\n

In 1975 a Los Angeles judge ruled these same statements inadmissible in a trial that ultimately resulted in Harold Taylor\u2019s acquittal. That case involved a police attack on a car of Black activists in which all three \u2013 Ray Boudreaux, John Bowman and Harold Taylor \u2013 were fired upon and shot multiple times. After Harold Taylor\u2019s acquittal, charges were dismissed against Boudreaux and Bowman.<\/p>\n

Randy Montesano, representing Harold Taylor in the current case, argued passionately that the government is continuing in its pattern and practice of trampling on these defendants\u2019 rights. \u201cThe prosecution is trying to litigate the use of coerced and torture-induced statements again,\u201d he said, \u201cbecause of sour grapes\u201d as the court in the mid 1970s heard 8 days of testimony, including 13 witnesses and concluded that Harold Taylor\u2019s statements were not made voluntarily in New Orleans. Montesano argued that they have no right to use these same \u201cstatements\u201d just because they didn\u2019t like the 33-year old outcome. He reiterated that his client still suffers physically and from post traumatic stress disorder today, some 36 years later.<\/p>\n

Judge Moscone denied the motion on narrow legal grounds saying that the Los Angeles decision was not a final adjudication. Moscone did leave the door open for the suppressing of these statements in future hearings. That hearing would force the government to either produce the same witnesses and evidence or face the consequences of the absence of evidence, transcripts and witnesses.<\/p>\n

Attorney Montesano reiterated \u201cthere is no way to get a fair hearing today, especially given the delay of so many years and the passage of time alone precludes any reliable adjudication\u2026so we will ultimately prevail.\u201d<\/p>\n

The next hearing in the SF 8 case will be on Monday, December 3rd and will take up further discovery issues as well as requests by the defense to maintain a seal on prejudicial documents that are unsupported by evidence.<\/p>\n

Please support these brothers by sending a donation. Make checks payable to CDHR\/Agape and mail to the address below or donate on line: www.freethesf8.org\/donate.html<\/a><\/p>\n

Committee for the Defense of Human Rights (CDHR)
\nPO Box 90221
\nPasadena, CA 91109
\n(415) 226-1120
\nFreetheSF8@riseup.net<\/a><\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

Committee for the Defense of Human Rights Hearing Held October 10, 2007 In front of a packed courtroom, SF 8 presiding Judge Moscone denied a significant defense motion asking that statements made under torture by Harold Taylor in 1973 be … Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_memberships_contains_paid_content":false,"footnotes":"","jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":false,"jetpack_social_options":{"image_generator_settings":{"template":"highway","default_image_id":0,"font":"","enabled":false},"version":2}},"categories":[1],"tags":[],"class_list":["post-2489","post","type-post","status-publish","format-standard","hentry","category-uncategorized"],"jetpack_publicize_connections":[],"jetpack_featured_media_url":"","jetpack_shortlink":"https:\/\/wp.me\/pdXTf-E9","jetpack_sharing_enabled":true,"_links":{"self":[{"href":"http:\/\/karmalised.com\/index.php?rest_route=\/wp\/v2\/posts\/2489","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/karmalised.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/karmalised.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/karmalised.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"http:\/\/karmalised.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=2489"}],"version-history":[{"count":0,"href":"http:\/\/karmalised.com\/index.php?rest_route=\/wp\/v2\/posts\/2489\/revisions"}],"wp:attachment":[{"href":"http:\/\/karmalised.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=2489"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/karmalised.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=2489"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/karmalised.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=2489"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}