Court Support Summary: Friday 11/09/2018

from Support the Vaughn 17

“People’s mentality is they’re victims of circumstance. They fail to realize they were victims before C Building…Those who understand the uprising needed to happen […] started from one thought (amazing)…Now I truly know the concept of the tree inside the seed… If my number gets called I’m going pro se, fuck a suit, I’ll wear a T-shirt and DOC pants…It’s gonna be epic, especially when I cross-examine their witnesses. It wasn’t about violence, that part is easy…Expose this place so the public and the government will take notice… I’d say I got their attention… […] This shit was supposed to happen.
We’re stronger on the other side of adversity. […] I appreciate you keeping me aware of what’s going on on earth…Foolish humans. Staying aware is staying alive.”

– Dwayne Staats, from transcribed excerpts of an intercepted letter read out loud in court on Friday

Yesterday, court was well-attended with supporters, with media, and also with agents/affiliates of the state. Court began early with AG Downs, defense counsel for Deric Forney, B. Gifford and pro se/defendant J. Ayers finishing questioning of a state witness from yesterday who had custody of paper documents entered as evidence in the case before they were transferred for professional forensic handwriting analysis.

The rest of the morning saw testimony from Andrew Sulner, a career forensic analyst who is also an attorney. He explained how handwriting analysis works, what it can be certain of, what it is not certain of/what it can’t rule out and how the paper documents (both the letter alleged to have been written by R. Shankaras and the letter alleged to have been written by D. Staats, but NOT the list of demands in blue ink on yellow paper that we have seen entered in evidence) were analyzed and reported on.

There was discussion about state witness from the prior week, H.J. Anderson, and his process of review under the recently retooled habitual offender statute, including how that may or may not relate to his having assisted the state in this case. We were informed that “the law is nuanced,” which was of course a mesmerizing insight.

State witness Sergeant David Weaver started testifying before lunch break, being questioned by AG Downs. We will note that he has been sitting at the state’s table the entire trial. His testimony centered on the kites that were analyzed by state witness A. Sulner. I did my best to record what he was reading from these letters accurately, but it happened very quickly and there are some parts of these in my notes that are likely either truncated or missing. It wasn’t possible for me to read them from the screens in the court, as I was sitting too far away.

Sgt. Weaver testified about the workflow with regard to cooperating witness interviews and the custody of evidence. He testified about what was included and what was emphasized in these interviews as well as why/why not. The concept of “taint” (aka “fruit of the poisonous tree” in legal parlance) was once again brought up. Sgt. Weaver routinely answered questions that he wasn’t being asked/volunteered information, and that did not go well for him in several instances.

A recording of a phone call that was alleged to have taken place between pro se/defendant J. Ayers and his sister shortly before the uprising was played for the court and Sgt. Weaver was asked about this. B. Gifford questioned Sgt. Weaver in the afternoon; his cross-examination centered on times, timeline and overall assessing the precision of both the preparation and decision-making that came out of Sgt. Weaver’s work on this case, from start to finish. In my memory, this lasted almost two hours.

The day finished with J. Ayers questioning Sgt. Weaver. In the end, he made plain before the jury that Sgt. Weaver, and thusly his work on this case, should indeed be looked at closely. “Are you aware AG Downs asked you 20 questions, and you had an answer for every one, but none for questions I asked you?”

Court will NOT be in session on Monday 11/12/2018 as courts will be closed in observance of Veterans Day. The judge informs that we will begin again on the morning of Tuesday 11/13/2018 at 10am. He also tells us we appear to be back on track time-wise, so to the best of my observance, I suspect the state will likely rest either early Tuesday or shortly thereafter. It’s possible in my analysis that, depending on what the defense presents and how extensive that may be, that the case could go to the jury by the weekend.

As always more court support is appreciated. Correspondence we’ve received consistently emphasizes the importance to the S/V 17 of outside support/advancing the “No More Lies – Remove The Disguise,” “Department Of Corruption” and “Department Of In-Justice” slogans as well.

To get to Wilmington via train from Philadelphia, take the Wilmington/Newark regional rail line. It’s about a ten minute walk to the courthouse. It is Zone 4; fare each way is between $6 and $8, depending when you leave. See SEPTA schedules there and back.

Wilmington, DE: Banner Drop for the Vaughn 17

from It’s Going Down

A banner was dropped in Wilmington, DE in solidarity with the Vaughn 17 that read “Prisons don’t keep anyone safe (A) #Vaughn17.” The message was directed to the people of Wilmington, the family and friends of the defendants on trial, the elders of Smyrna 5, supporters, and the staff of the DOJ and DOC who may happen to have looked out the window by the elevators on the 8th floor of the courthouse at 500 N King St during lunch break on the sixth day of trial.

To the defendants, we see you, we love you, and we fight in solidarity with your struggle to overthrow the oppression of the modern day slave plantation that comes in the form of the prison industrial complex.

For more information about the case and ways to support, check out: https://vaughn17support.org

All power to the people!!! Fuck the pigs!!!

-some anarchists

No Evidence, No Convictions: Week 1 of the first Vaughn 17 trial

from Support the Vaughn 17

Breaking Update: Roman Shankaras is no longer part of this trial group. On Tuesday, October 30, the judge severed Shankaras’s case from the other 3 defendants. Shankaras will be rescheduled to a later date. The judge stated that this was because “the relationship between Shankaras and his counsel had deteriorated to a point where it was unfair to the rest of the defendants.”


This summary comes from Philly folks from the Vaughn 17 Support coalition who were present during the first week of the trial, as well as from a crew from D.C. that was able to make 2 ½ days of trial.

To run down the case: On February 1, 2017, inmates at James T. Vaughn Correctional in C Building took over the building to demand modest improvements to their living conditions, including better food and education resources. Since then, the state has pressed blanket charges against 18 prisoners for conspiracy to riot and riot, 2 counts of assault, 4 counts of kidnapping, and 16 of them also face murder charges. Correctional Officer Sergeant Floyd was killed that day, and his family has since received restitution from the state for $7.5 million. One of the 18 prisoners facing charges, Royal “Diamond” Downs, has since flipped to support the prosecution. The other 17 defendants have refused to snitch and are contesting the charges in solidarity with one another.

On Monday, October 22, the trial began with opening statements. The state attempts to described how three guards were attacked with a mop wringer and and held hostage in a supply closet. The state admitted they have no surveillance footage of the uprising, no DNA or forensic evidence, and that their case would rely largely on snitch testimony and radio recordings which were extremely difficult to understand when played in court.

The prosecution alleges Jarreau Ayers’ involvement based on a phone call made on January 31, 2017 in which he said “something big is going to happen”. The allegations go further to say he attacked a guard and “gave orders”. Of Deric Forney, the state alleges only in passing that he “assaulted officers.” The state alleges that Dwayne Staats was involved with hostage negotiations over the radio. Snitch testimony is also expected to claim Staats was seen with a ‘shank’ (a homemade knife). The state claims that Roman Shankaras is the alleged “mastermind” and “shot caller” of the uprising. The basis for this is a (contested) letter he wrote after the incident to Royal Downs; the state admits that Shankaras “didn’t assault anyone.”

Representing himself, Dwayne Staats emphasized in his opening statement that the government has no direct evidence of guilt, and cannot prove guilt beyond a reasonable doubt. Contesting state witnesses’ claims, Staats said: “They begging the DA for freedom, but the only thing they’re willing to sacrifice is the freedom of others.” Staats noted that the case against him was based on “falsifications, confabulations, exaggerations.” He warned jurors about the “collage of misinformation that’s going to be presented to you” and that prosecutors are “going to bombard you with inconsistencies and contradictions.”

In his opening statement, defendant Jarreau Ayers, also representing himself, refuted the state’s incorrect claims about his whereabouts that day. He pointed out the lack of credibility of prisoners who would “lie to make a deal.” Ayers told the jury to think outside of “social conformity” that pressures people to “choose the side of the state. […] I’m’a expose that they can’t just pick & choose who the bad guys are.” Ayers also challenged the institution itself: “The state carries the illusion of prestige and I respectfully decline to acknowledge it.” He reminded the jury to see through this “level of prestige where I can just show you something because I’m the state…don’t allow the magnifying glass or the lights being so bright distract you from what is right.”

The two lawyers were not quite as much in solidarity with clients. They did not challenge the grounds of the charges. Instead they argued that their respective clients are not guilty because of reasonable doubt. Jason Antoine’s opening statement (representing Roman Shankaras), which went into exhaustive detail contesting the prosecution’s statements, demonstrated major overall gaps in the prosecution’s case. Shankaras’ defense pointed out he was either in the rec yard or in his cell during all the violence; he did not participate. The defense also pointed out the presence of a security camera that could have captured Shankaras’ presence in the rec yard while the prison takeover happened inside. The state claims no video exists because their cameras can only work in one location at once. According to his defense attorney, Roman Shankaras is being charged because “he will not snitch but he is a witness.”

Ben Gifford (representing Deric Forney) gave an in-depth refresher on reasonable doubt, directed to the jury in his opening statement. This solidified the notion that the state will not be able to provide enough evidence to decisively prove any of the defendants’ guilt, and challenged the prosecution’s attempted strategy of finding certain defendants, such as Forney, guilty by association.

State witnesses this week included:

  • Sergeant Weaver, state police forensic investigator who helped prepare reports for identifying suspects for Floyd’s death
  • Delaware State Police Corporal Roger Cresto, homicide unit crime scene investigator
  • Winslow Smith, the first hostage to be released during negotiations
  • Joshua Wilkinson, the other guard to be held hostage and released
  • Jordan Peters, a guard who was on “outside patrol” in a vehicle before responding to Building C after the uprising began
  • Lieutenant Sennett
  • The Forensic Nurse Examiner who examined CO Joshua Wilkinson
  • Robert Ferguson, the guard assigned to Building C where the uprising took place
  • Brett Smith, crisis negotiator with CERT
  • Patricia May, the counselor assigned to Building C who was taken hostage but not harmed by prisoners

None of the above witnesses could identify any prisoners involved, or if they tried to, it was contradicted by transcripts from their interviews with investigators right after the event.

State witnesses admitted they do not know:

  • What ‘shanks’ were used to kill Sgt. Floyd
  • Who used these shanks
  • Who made the shanks
  • When or where the shanks were made
  • Where the materials used to make the shanks came from

What has been consistent throughout all the testimony is just how bad conditions are at James T. Vaughn. While this shouldn’t be a surprise, we should be paying attention to these details.

1. Every staff member at the prison is also a CO, though not all are active in that role. Stationary Fireman Matthew McCall testified that overtime is abundant that way, and bragged that he participated in plenty of “shakedowns”, when COs forcibly go through an inmates belongings and take whatever they want as contraband.

2. McCall also testified to the physical state of C Building as “fallen in disrepair…a long time ago”, which was why they were there that morning, to add chemicals to the water boiler which had developed leaks. Photographs of the basement depicted a run down space with pools of water on the floor.

3. The inmate treatment was repeatedly described as “terrible” but at the same time normalized. For example, CO Owen Hammond testified that when the SFs first exited the basement on to the first floor, “we saw a busted mop ringer and blood on the floor but didn’t think much of it and continued on our way.” Then SF Justin Tuxford testified that at first he thought the person locked in the supply closet was an inmate because sometimes you had to “use proper force, if all you have is a supply closet.” (That person turned out to be Sergeant Floyd.) The prisoners had released a list of demands, which McCall testified as “weird,” including “education and stuff like that.” The nonchalance of prison staff statements are only matched by the crassness of what they mean.

4. Prisoners released 22 demands, and tried to get those out to the media and Governor Carney, but prison staff completely and effectively ignored them with militarized suppression. The demands included better treatment with dignity, better food, access to programs, education, contact with family and friends, a pay increase to at least $5 a month (they were not being paid anything for their work, effectively providing slave labor), fair and impartial disciplinary hearings, and a grievance process, as well as 13 others.

On Friday morning, we heard the first prisoner witness called by the state, Anthony Morrow. He had since been transferred to another facility, but not until after being held in the solitary housing unit (SHU) for a year and 5 days following the Vaughn uprising. The state opened for him by playing a recording of a phone call to his fiancé that he on when the uprising started. He described that Floyd is getting “stabbed up” and she asks, babe, whyyy? Morrow said, you don’t understand — “these cops be oppressive, spraying them, beatin them up, talkin about they parents.” The state repeatedly asked if Morrow saw anyone, and if he could identify any of the inmates involved, but he repeatedly denied it. Morrow had briefly seen Floyd getting mob rushed, but could not identify anyone involved in the assault. More specifically, Morrow called defendant Deric Forney his “brother” — they had done Bible study together and lived across from one another — and, noting that he “would recognize [Forney] anywhere,” testified that Forney had not been present at the scene of assault.

On Friday afternoon, state “star witness” Royal Downs began his testimony, which was vague and somewhat inconsistent. Downs’s story so far is that other prisoners kept coming to him to discuss, at first, a peaceful protest, and then a building takeover, and that he was opposed to it from the beginning. He identified Ayers and Shankaras as the prisoners who told him the night before that the building takeover was happening, and testified that Ayers, Shankaras, Staats, along with Pedro Chairez, Lawrence Michaels, and “a couple others, I don’t remember” were the ones who planned the uprising.

By the end of Friday afternoon, tensions appeared high between Jason Antoine (counsel for Roman Shankaras) and Judge Carpenter, as well as between Antoine and the other defense counsel and between Antoine and Shankaras himself. On Monday, court was canceled due to “legal issues,” and on Tuesday the judge announced that Shankaras’s trial was being rescheduled due to issues with his attorney.

So far, no evidence beyond cooperating witness testimony – no video, no DNA or forensics – directly ties any defendant to Floyd’s killing. All prisoner witnesses were all considered potential suspects at one time and the defense has already pointed out their motivations to offer dishonest testimony to cut a deal with the state.

It is also plausible that CO witnesses in the Vaughn Uprising case have been colluding to change their testimony to back each other up, since cross-examination showed this week that the state has not tried to prevent them from doing so. But the fact that the state has no hard evidence against these Vaughn 17 defendants does not mean that they will not be successful in manipulating the trial as though they have a case.

Court is ongoing every weekday from 10am-5pm in Courtroom 8B at 500 N King St, Wilmington, DE. More court support is welcome!

Support the Vaughn 17

Letter-writing for Black Liberation Movement California Cases

from Philly ABC

It’s almost time for another monthly letter-writing for political prisoners! Join us Monday November 5th, 6:30pm at LAVA.

Our November event will feature Black Liberation movement prisoners with California cases. We’ll be sending our love and solidarity to Ruchell “Cinque” Magee and Romaine “Chip” Fitzgerald.

Ruchell “Cinque” Magee is the longest held political prisoner in the U.S., having been locked up since 1963. Politicized in prison, he later participated in the Marin County Courthouse Rebellion, the attempted liberation of political prisoner George Jackson. Ruchell pled guilty to the charge of aggravated kidnapping for his part in the assault. In return for his plea, the Attorney General asked the Court to dismiss the charge of murder (Magee being the shooter of Judge Haley). Magee later attempted unsuccessfully to withdraw his plea, and was sentenced in 1975 to life in prison. He has lost numerous bids for parole. He has also worked tirelessly as a jailhouse lawyer, working on his own case and helping many other prisoners win their freedom.

Romaine “Chip” Fitzgerald, born and raised in Compton, California, joined the Southern California Chapter of the Black Panther Party in early 1969 as a teenager who had just been released from the California Youth Authority.  He is currently serving 2 life sentences for the frame up of the murder of a security guard and attempted murder of a CHP officer.

We’ll also be sending birthday cards to Joshua (Josh) Williams (Nov. 25th). A staple of the Ferguson rebellion, Josh Williams was sentenced to 8 years in prison for his actions in attempting to light fires near a Quick Trip gas station, which others quickly extinguished, during a protest against the killing of Black 18 year old Antonio Martin by police in Berkeley, Missouri on Christmas Eve 2014. Josh, who was 19 at the time of the incident, was charged with first-degree arson, and second-degree burglary for allegedly stealing under $500.  He should be eligible for early release (in 2022) after serving six and a half years of his sentence.  He was transferred in 2017 to Jefferson City Correctional Center.

As usual, snacks will be provided. We look forward to seeing you there!

COMMUTATION CAMPAIGN FOR THE ‘VIRGIN ISLAND 3’

from Facebook

The campaign to free the Virgin Island 3 is kicking into high gear. Malik, Hanif and Abdul have been locked up for 46 years and have just applied for commutation of their sentences by Governor Mapp.

Like many aging prisoners, they are experiencing increasing health problems and pose NO RISK to the society they’ve been locked away from for nearly half a century. Because Governor Mapp’s term is ending and he is up for re-election on November 20th, now is the time to contact him and the other decision makers to urge for commutation of their sentences.

Because the Governor will be concentrating on the election until late November, we are reserving fax, email and calls until then, but letters can be drafted and mailed at any time before then. Please take a few minutes to alter the template below into a personalized letter and mail to both the Governor and the Lt. Governor. You can use the same letter to do the fax and email portion of this campaign. This is it; all hands on deck!

HOW YOU CAN HELP:
1) Write a letter

Please start by writing a letter in support of the VI3’s application to both: Governor Mapp and Lt. Governor Potter. This is also a good time to urge folks you know who care about social justice to get on board with this campaign!

Suggested letter format:

Governor Kenneth Mapp
Government House
21-22 Kongens Gade
Charlotte Amalie
St. Thomas, VI 00802

Lt. Governor Osbert Potter
Office of the Lieutenant Governor
1131 King Street, Suite 101
Christiansted
St. Croix, VI 00820

Re: Warren Ballantine, Meral Smith, and Beaumont Gereau

Introduce yourself. This could include comments about your job, family or work in the community.

Explain how you know their cases and/or how you may know them personally.

Explain why you are concerned (if you are from the VI, explain how this affects your vote and if you are from elsewhere explain how commuting their sentences would positively influence society or your view of the VI).

Some Issues are:
1. Length of time in prison
2. Their deteriorating medical conditions
3. Aging and getting old
4. No community threat (example: while they were housed in the St. Croix, they were actually allowed to go out in the community to religious services and to speak to/mentor at-risk youth, sometimes unsupervised, with no issues)

Implore the Governor to commute their sentences. Explain that you understand that he eluded to this before he was elected and at the beginning of his term.

Respectfully end your letter.

2) Fax your letter [after November 20th] to:

The Governor’s office at: (340) 693-4374, and
The Lt. Governor’s office at: (340) 774-6953
If you do not have a fax machine, you can send a free online fax using faxzero.com.

3) Email your letter [after November 20th]:

https://www.vi.gov/contact.html

4) Call the three officials in charge of reviewing the commutation applications [as much and as often as possible after November 20th until further notice] to ask if they received your letter/fax/email:

Governor Mapp’s Office: (340) 774-0001
Lt. Governor Potter’s Office: (340) 774-2991
Attorney General Claude Walker: (340) 773-0295
Legal Counsel E. Henderson: (340) 712-2212
Leave messages letting them know you support the commutation applications for Warren Ballentine, Beaumont Gereau and Meral Smith.

A few talking points if desired, but feel free to keep it short and sweet:
• After 46 years of incarceration, they are of seriously ailing health and are extremely unlikely to re-offend… Warren alone is on 6 different types of medication after a massive heart attack a year ago.
• It is costing the state a TON of money to continue to house them and pay for medical care.

After November 20th, keep up the pressure until further notice! If he does not win re-election, his last day to grant commutations is on January 4th, 2019.

When you can, drop one or all of the Virgin Island 3 a note telling them about the actions you took on their behalf. You can also read about the campaign in Malik’s own words.

Warren Ballentine #16-047
Tallahatchie Correctional Facility
415 US Highway 49N
Tutwiler, MS 38963

Beaumont Gereau #16-001
Tallahatchie Correctional Facility
415 US Highway 49N
Tutwiler, MS 38963

Meral Smith #16-024
Tallahatchie Correctional Facility
415 US Highway 49N
Tutwiler, MS 38963

First Vaughn Prison Revolt Trial Begins

from Unicorn Riot

Wilmington, DE – On February 1, 2017, a prisoner uprising took place at the James T. Vaughn Correctional Center in Smyrna, Delaware. Over 100 inmates at the maximum security prison seized control of ‘Building C’ at the state Department of Corrections complex, taking several prison employees hostage in an uprising that would last almost 24 hours. Those involved in the uprising demanded better living conditions, access to education, transparency in use of prison funds, and an end to inconsistent enforcement of prison policies. Now, more than a year and a half after the historic uprising, four defendants – Jarreau Ayers, Derric Forney, Dwayne Staats, and Roman Shankaras – are the first to face trial after refusing plea deals offered by prosecutors.

After police retook Building C on February 2, 2017, 18 prisoners were eventually indicted on felony counts of riot, conspiracy, first degree kidnapping, first degree assault, and first degree murder. Since one of the 18 – Royal ‘Diamond’ Downs – has turned state’s evidence, supporters are referring to the Vaughn uprising defendants as the “Smyrna 17” (The James T. Vaughn Correctional Center is in Smyrna, Delaware.) Apart from Ayers, Forney, Staats, and Shankaras, four other groups of prisoners face trials in between November 2018 and February 2019.

All four defendants seemed confident and prepared in court, sitting upright and paying close attention during opening arguments on Monday. Ayers and Staats are both representing themselves pro se and appeared eager to finally confront the charges against them. The four defendants, all black men, were closely guarded in the courtroom at all times by at least 9 Delaware Department of Corrections officers, all of whom appeared to be white.

18 jurors  – 3 white men, 10 white women, 3 black men, & 2 black women – were seated around 10 AM in Judge William Carpenter’s courtroom on the 8th floor of the Leonard C Williams Justice Center. After the jurors were sworn in, opening arguments for the state of Delaware were made by Assistant Attorney General Nichole Warner. Warner called February 1, 2017, “a day unlike any other” and told jurors that “suddenly and violently, a group of inmates took the building over.”

In language echoing the failed federal rioting conspiracy case against protesters arrested at Trump’s inauguration, Assistant Attorney General Nichole Warner told jurors that prisoners who may have only intended to organize civil disobedience in their facility were still ultimately responsible for the death of Corrections Officer Steven Floyd:

“All people associated with the original crime can be held liable…even if there was no agreement [to commit murder].” – Assistant Delaware Attorney General Nichole Warner

Assistant Attorney General Warner’s opening argument primarily focused on building the basic narrative of events that will be referred to by witnesses throughout the trial. She described how on February 1, 2017, when corrections officers (COs) called for inmates to come inside from the recreation yard to take showers, several masked prisoners attacked the COs with a mop wringer, subduing them and taking them hostage, restraining them with their own handcuffs.

Sergeant Steven Floyd, who would later be killed, was known to be verbally abusive towards inmates, according to defense lawyer Jason Antoine, who said he was known for yelling at prisoners in their cells. During the takeover, Floyd was initially detained by prisoners in a mop closet, but was later moved to the Sergeant’s office, where investigators would later find his corpse.

Two other COs, Winslow Smith and Joshua Wilkinson, were also taken hostage and reportedly beaten and injured, but survived. Smith was released during hostage negotiations, while Wilkinson was kept behind and used as a go-between during the final attempted negotiations until police retook Building C. A prison counselor was also taken hostage during the standoff but was not physically harmed.

Once the prisoners had taken control of Building C, they began negotiating over the radio for the release of the hostages. The prosecution alleges that defendant Dwayne Staats threatened to kill hostages over the radio, telling police “if you breach, they will die immediately” – a claim expected to be contested by Staats as the trial proceeds. The state played an extended sample of Department of Corrections radio chatter from the negotiations, although the recording had a severe echo effect that made it difficult to understand what was said.

The state acknowledged that they had absolutely no surveillance video footage from the prison that day. Around 2 PM on the day of the uprising, the prisoners involved in the takeover agreed to let other inmates with health conditions leave the building, with more being released later at midnight. Around 5 AM, militarized police with Delaware’s Corrections Emergency Response Team (CERT) had breached building C, extracted the remaining hostages, and began subjugating the prisoners still inside the facility.

Images shown by the prosecution during opening arguments included pictures of burnt lockers, allegedly demonstrating how prisoners were burning bloody clothes to prevent them from being used as criminal evidence, and pictures of the mop wringer that was reportedly used to assault guards during the takeover.

Assistant Attorney General Warner went on to make more specific allegations against each of the defendants. Jarreau Ayers, she said, made a phone call from inside Vaughn on January 31, the day before the uprising, in which he allegedly said “something big” was going to happen soon and asked for money to be put on his commissary. The state also claimed that one of their cooperating witnesses would testify that Ayers attacked a CO and that he was seen “giving orders” during the riot. Warner mentioned defendant Derric Forney only briefly, claiming offhand that he “assaulted officers.”

Roman Shankaras was called a “mastermind” and “shot caller” although Warner also added that “he didn’t assault anyone himself.” The case against Shankaras seems to orbit around a kite (prison letter) that he wrote to another inmate, which his lawyer claims was written under duress. Dwayne Staats was also alleged to have been seen by cooperating inmate witnesses with a shank and a radio during the uprising as well as assaulting a CO and “giving orders” to other prisoners. The prosecution plans to use letters written by Staats to claim that he took responsibility for the riot and the death of Sergeant Floyd.

After Assistant Attorney General Warner finished outlining the state’s case against the defendants, each of the defendants made their opening arguments. Jason Antoine, defense counsel for Roman Shankaras, told jurors “if you had to boil this case down to one thing… this is about dignity” and argued that Shankaras and many other prisoners had simply planned to “stand out in the yard to protest prison conditions.” He also spoke about poor living conditions in Building C at Vaughn and told jurors that “this riot had been brewing” for a long time due to “mistreatment” and “inconsistent policies.” Antoine called the Vaughn Uprising “a shock to the state of Delaware and a shock to the prison system,” pointing out that it is the first time a corrections officer has been killed in a Delaware facility.

Defense counsel for Shankaras also pointed out the presence of a security camera that could have captured Shankaras’ presence in the recreation yard while the prison takeover happened inside. He says the state responded to his request for the footage by telling him that “the camera location system only works from one location at a time.”

He also named three specific “bad apple guards” – Abigail West, and Estrada Green and Lance Green – as particularly responsible for exacerbating tensions amongst prisoners inside Building C. Antoine also pointed out that Shankaras was either out of the yard or in his cell during most of the events in question, including with Sergeant Floyd was killed. He told jurors that his client was an “outlier” to the day’s events, didn’t give orders to anyone or talk on the radio, and was being charged as retaliation for not testifying against others.

Antoine spent most of his opening statement poking various holes in the testimony expected to be heard over the next few weeks from cooperating inmate witnesses. He further alleged that cooperating witnesses had been housed together by the state at Howard Young Correctional Facility so that they could rehearse their stories together. One state’s witness he brought to the jury’s attention was a convicted pedophile; another had admitted to being a compulsive liar. At one point he called the case “garbage evidence in, garbage evidence out” and went on to mention that one prosecution witness falsely claimed that Sergeant Floyd was beheaded. Another of the state’s cooperating witnesses reportedly stole Floyd’s watch off of his wrist.

Antoine seemed to relish getting to what he told jurors was the “good part” of his opening statement, telling them “Hollywood ain’t ready for this.” He was referring to Royal Diamond Downs, the state’s “star witness” who was himself a participant in the Vaughn Uprising before flipping to testify for the prosecution in exchange for dodging the murder changes. According to Antoine, Downs is “one of the most influential people in the Delaware prison system” and sat at the top of the prison hierarchy where he could order hits by different prison gangs such as Black Guerrilla Family and Dead Man’s Inc (DMI). He further alleged that Downs essentially “ran” Vaughn Correctional Center and that he was possibly the one who ordered Sergeant Floyd to be killed during the prison uprising. Radio from the February 1, 2017 standoff, as well as a recorded February 15, 2017 phone call Downs made to his girlfriend in which he seemed to take responsibility for Sergeant Floyd’s death and express remorse.

Next to give opening statements was Dwayne Staats, representing himself. Staats said that he was “agitated” by “false allegations” against him and insisted that the state was using other prisoners’ false testimony in order to try to wrongly convict him.

Staats asked jurors to be critical of the “collage of misinformation that’s going to be presented to you” and told them prosecutors were “going to bombard you with inconsistencies and contradictions.” Staats says that prosecution witness statements say that he was in places that he wasn’t on the day of the uprising and told the jury “I didn’t wear a mask” and “I don’t have a clone that was running around.” He ended by asking jurors to remember that they had to find him not guilty if the charges against him weren’t proven beyond a reasonable doubt: “the scale is tilted my way … at this moment I’m presumed innocent.”

Next to give opening statements, and also representing himself at trial, was defendant Jarreau Ayers. Ayers criticized the state for relying on testimony from Vaughn prisoners who were willing to “lie to get a deal” and said prosecutors were trying “pick and choose evidence that fits their theory.” He told jurors “you got the right to be skeptical” about the motives of witnesses in the case – a comment to which prosecutors objected, but Judge Carpenter overruled the objection. Ayers stressed that no DNA or forensic evidence has been brought against him, and that the state’s case has to rely on witnesses.

Ayers made further comments to the jury asking them to not take the trial proceedings at face value and to resist “social conformity” that might pressure them to “choose the side of the state.”

He also spoke to what he saw as the wider significance of the trial:

“I believe that this case has the opportunity to set the tone for how people look at “beyond a reasonable doubt” in our legal system.” – Jarreau Ayers

Ayers went on to tell jurors how he had reviewed thousands of pages of legal documents to prepare for his trial and that “the only thing consistent about this case is going to be the inconsistencies and contradictions.”

Ayers showed the jury pictures of a broken mop handle, gloves, and a shank that had been used by the prosecution during their opening. “The reality of it is none of these pieces of evidence have our DNA on it or the CO’s DNA on it,” he said, asking jurors not to accept “the level of prestige where I can just show you something because I’m the state…don’t allow the magnifying glass or the lights being so bright distract you from what is right.”

Last to make an opening argument was Ben Gifford, defense counsel for Vaughn uprising defendant Derric Forney. Gifford mostly stressed that his client was presumed innocent until proven guilty, and that very little evidence at all had been presented against Forney. Forney’s lawyer also reminded jurors that each of the four defendants were entitled to be tried individually and that they shouldn’t let the state try to paint them as guilty by association with each other.

After opening arguments ended and the court took a lunch recess, trial resumed with the jurors hearing from the state’s two first witnesses, two investigators, tasked with analyzing evidence from Building C after police had put down the uprising. They shared an extensive list of details about evidence recovered after the fact. Testimony by Delaware State Police Corporal Roger Cresto, who took photographs of Building C on February 2, 2017 after the police raid, had not finished by the time Judge Carpenter decided to end court for the day. His testimony is scheduled to resume in front of the jury at 10 AM on Tuesday, October 23.

Follow Unicorn Riot on Twitter for the most up-to-date information from inside the trial (we can’t tweet from court but post what we can on breaks!)

Title image credit: trconrad2001 / Flickr / Wikimedia Commons


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Solidarity graffiti for the Vaughn 17

Submission

Spotted some paint in South Philly and Center City for the Vaughn 17.
Here is to those taking risks, inside the prison walls, and out!


Call for Actions: Defend the Vaughn 17

from It’s Going Down

A call for solidarity with the Vaughn 17, currently on trial and to mobilize for a rally on the outside of the New Castle County Courthouse. Both called for on Monday, October, 22nd.

Call for Solidarity With the Vaughn 17 on October 22nd

On February 1st of 2017 inmates at the James T. Vaughn Correctional Center in rural Delaware took over their unit in C-building; they held staff, released demands to the media, and made it clear that their motivation was not just a result of confinement but also the election of Trump. At the end of their 18+ hour occupation, one guard, Steven Floyd (known by all to be exceptionally abusive) was dead.

On October 17th of the same year, the Delaware Department of Justice charged 16 prisoners with Floyd’s murder and two others with riot, kidnapping, and conspiracy. Except for one snitch, all the defendants have plead not guilty and their jury trials will begin on October 22nd, 2018.

On this date, as the state opens its trial against these comrades, we are calling for solidarity actions and to show the Vaughn 17 that they are not alone or forgotten about, and to show the state that the message of the Vaughn 17 resonates loudly throughout plantation society and across its borders.

Join us for a Rally at the New Castle County Courthouse from 8 – 9 AM on October 22nd

In many ways the demands of the Vaughn 17 anticipated the 2018 National Prison Strike, calling for increased wages for their mandatory labor, and the introduction of rehabilitation and education programs. These comrades positioned their struggle inside against the threat posed by Trump’s election, which has now been realized in the increasing detention of immigrants and the rise of fascism on the outside. Since the occupation’s end, they have been subjected to extreme repression and violence, including beatings and the denial of basic necessities, including having their water shut off. Yet in the face of these hardships and the betrayal, 17 of the defendants are standing together, unwavering in their solidarity.

Solidarity is the most effective weapon we have against the State. When we come together we can keep each other, and the movement, alive and propel the fight to the next stage. If we all push together, their walls will topple!

Against the carceral state and the American plantation! 

Freedom and victory to the Vaughn 17!

Rebellion and Possibility: Voices in the Anti-ICE Struggle Vol. II

from It’s Going Down

 

The Radical Education Department (RED) returns with another collection of texts from the Abolish ICE movement.

As ICE’s brutality continues to shatter lives, we continue to document the struggle to abolish the institution.

We’ve compiled more stories of radical struggle against ICE, the border patrol, and the police; documenting the different tactics, successes, and philosophies from around the country.

We would like to thank the all of the contributors for each article that we’ve compiled, and the websites that originally published those writings and from which they were borrowed.

Again, this volume, like the first, is only one very limited snapshot of the vast anti-ICE uprising, which developed powerful expressions in many more than the few cities represented here.

Volume 2 can be found here: https://radicaleducationdepartment.com/zines/

Vaughn 17 Court Support

from Twitter
Banner supporting Vaughn Uprising prisoners seen over Christopher Columbus Blvd during morning commute in Philadelphia, PA. Participants in Feb 2017 uprising at Vaughn Correctional Center in Delaware face trials this month thru next yr. Jury selection for 1st trial starts today


On February 1, 2017, prisoners revolted & took over Building C at the maximum security prison in Smyrna, Delaware. 4 prison employees were taken hostage & one died after a police raid retook the facility. Prisoners’ demands included better living conditions & access to educationPrisoners involved in the Vaughn Uprising also cited Trump’s inauguration as one of the reasons for their revolt – they believed the new presidency would inevitably embolden prison officials, whose unions endorsed Trump, to intensify neglect & brutality towards incarcerated ppl

Courthouse doors just opened here in Wilmington, Delaware where jury selection for the first trial is scheduled to begin today. Four of the prisoners involved in the uprising – Jarreau Akers, Dwayne Staats, Ramon Shankaras and Deric Forney – make up the 1st trial group


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A Food Not Bombs chapter is providing free breakfast and tea to approximately a dozen supporters of the who have gathered outside the courthouse.




Wilmington Police have arrived and are telling Food Not Bombs they can’t serve food on the sidewalk by court without a permit. supporters told police a recent federal court ruling means Food Not Bombs is protected First Amendment speech that doesn’t need a permit



Police seem to have backed off ordering the Food Not Bombs table to leave the area by the Wilmington, DE courthouse after reportedly checking with their law department- the officer in charge just apologized to the people that minutes ago he had been ordering to leave.

We have been told that jury selection in the first trial is closed to the public, so we are unable to report from inside the courtroom today. The first batch of 4 defendants from the February 1, 2017 prison uprising in Smyrna, Delaware will begin trial on October 22.

Call for Court Support With the Vaughn 17

from It’s Going Down

Call from the Revolutionary Abolitionist Movement (RAM) and Vaughn 17 Support Philly to show solidarity with the Vaughn 17.

Revolutionary Abolitionist Movement’s RAM-NYC, RAM Philadelphia and Vaughn 17 Support Philly are organizing court support for the brave comrades inside the walls: The Vaughn 17. We are calling on prison abolitionists and revolutionary comrades to attend the trial in a strong showing of solidarity in Wilmington, Delaware.

The first group starts trial Oct. 8, 2018, and the final group starts Feb. 11, 2019. We are now calling for volunteers for the trial starting Oct. 8, for jury selection starts Oct. 8 and the trial Oct. 22. We will be holding banners outside the courthouse, attending the trial and, as the main supporters in that room, taking notes on the proceedings. Join this orientation to schedule a date to come and find out how to do court support. Come show the prison rebels they are not alone!

Get in touch with us for any questions about court support, at revolutionaryabolitionistmovement@protonmail.com.

Background

The state’s ability to criminalize Black and Brown people and railroad people into a life of torture and submission continues unabated. Yet we are living in a historic moment where many inside and outside the prison walls have committed themselves to the struggle for prison abolition and liberation.

On Feb. 1, 2017, after a series of peaceful protests yielded no results, incarcerated comrades took over a building at James T. Vaughn Correctional Center in Delaware to demand slight improvements in their treatment. After a 20-hour stand-off, the prison’s response was to literally bulldoze their barricades and figuratively bulldoze their demands, retaliating with constant beatings, destruction of prisoner property, and denial of food and medical care.

Furthermore, the state has accused 17 of the incarcerated with egregious offenses even though these charges have no basis in reality. The state’s response shows once again that any prisoners standing up for themselves, to regain dignity and achieve decent treatment, is a threat. And the state will collectively punish everyone and anyone to hide its barbarism. The only role of prison guards, wardens and the Department of Corrections (DOC) is the perpetuation of slavery and subjugation.

In response to the just demands of the protest, the state is trying to convict 17 people with trumped up charges. Despite the most insidious intentions of the state, the co-defendants charged are standing strong together in solidarity and are jointly and sincerely proclaiming their innocence.

We can make a huge difference supporting the Vaughn 17! The co-defendants have expressed the positive impact of the support they have been getting already. This is an opportunity to stand by them in an even more meaningful way: to look into their faces in the courtroom and show them that comrades will stand by everyone facing state repression.

We will be organizing people to attend their trial, to hold banners outside the courthouse and to take notes on the proceedings, so their lives won’t be shoved into the darkness without a fight!

Read the statements and letters of the defendants: https://itsgoingdown.org/wp-content/uploads/2018/06/VAUGHN-READ.pdf.

Write a letter of support to the defendants: https://itsgoingdown.org/wp-content/uploads/2018/09/vaughn-update918.pdf.

The trial will be held at New Castle County Courthouse, 500 N. King St., Wilmington, DE 19801.

Banner Drop near Harrisburg: “End Prison Labor, Shut Down Berks”

from Friendly Fire Collective

42543411_953002874893731_6686448749050331136_n.jpg

Comrades in Harrisburg, PA have contacted us and requested that we share this image, with their accompanied text.

We dropped our banner on an overpass near Harrisburg,PA in solidarity with this past month’s prison strike. We want to honor their wishes to keep this issue in the public eye, letting our friends (and enemies) on both sides of the prison walls know that this is struggle will be ongoing,and that it will be at the cutting edge of the radical agenda until the last ashes of the last prison are blown away. We also wanted to make the same connection the striking prisoners did by acknowledging the struggle of the migrant families imprisoned in our own backyard by a proto-fascist regime. One of the three family detention centers in operation, Berks Family Detention Center is a monument to all we find disgusting, so we decided to put up a monument of our own in defiance. We we’re inspired by our comrades in Frederick,MD, and we hope we can inspire even more actions like this.

Fire to the Prisons. Set the Captives Free.

-Concerned Citizens

Monday, October 1st: Letter-writing to Commute the Sentences of the Virgin Island 3

from Philly ABC

It’s time for our monthly letter-writing event again, but this time with a twist as the campaign to free the Virgin Island 3 kicks into high gear. Join us at LAVA at 6:30 pm for snacks and drafting letters to Governor Mapp and the Virgin Island 3, who have been locked up for 46 years. Like many aging prisoners, they are experiencing increasing health problems and pose NO RISK to the society they’ve been locked away from for nearly half a century. Because Governor Mapp’s term is ending and he is up for re-election this November, *now* is the time to contact him to urge for commutation of their sentences. This is it; all hands on deck!

 

How you can help:

1) Write a letter [ideally mail it the first week of October]

Please start by writing a letter to the Governor. This is also a good time to urge folks you know who care about social justice to get on board with this campaign!

Suggested letter format:

Governor Kenneth Mapp
Government House
21-22 Kongens Gade
Charlotte Amalie
St. Thomas, VI 00802

Re: Warren Ballantine, Meral Smith, and Beaumont Gereau

Introduce yourself. This could include comments about your job, family or work in the community.

Explain how you know their cases and/or how you may know them personally.

Explain why you are concerned (if you are from the VI, explain how this affects your vote and if you are from elsewhere explain how commuting their sentences would positively influence society or your view of the VI).

Some Issues are:
1. Length of time in prison
2. Their deteriorating medical conditions
3. Aging and getting old
4. No community threat (example: while they were housed in the St. Croix, they were actually allowed to go out in the community to religious services, sometimes unsupervised, with no issues)

Implore the Governor to commute their sentences. Explain that you understand that he eluded to this before he was elected and at the beginning of his term.

Respectfully end your letter.

2) Fax your letter [ideally the second week of October]:

Fax the letter you wrote to the Governor’s office at:
(340) 693-4374

If you do not have a fax machine, you can send a free online fax using faxzero.com.

 

3) Email your letter [ideally the third week of October]:

https://www.vi.gov/contact.html

 

4) Call the Governor’s office [as much and as often as possible until further notice] to ask if they received your letter/fax/email:

Phone: (340) 774-0001

Leave messages urging Governor Mapp to make good on his promise to free the Virgin Island 3 – Warren Ballantine, Meral Smith and Beaumont Gereau (these are the names the state recognizes them under)- by commuting their sentences and releasing them with time served.

A few talking points if desired, but feel free to keep it short and sweet:
• After 46 years of incarceration, they are of seriously ailing health and are extremely unlikely to re-offend… Warren alone is on 6 different types of medication after a massive heart attack a year ago.
• It is costing the state a TON of money to continue to house them and pay for medical care.

Keep up the pressure throughout November or until their sentences are commuted! When you can, drop one or all of the Virgin Island 3 a note telling them about the actions you took on their behalf. You can also read about the campaign in Malik’s own words.

Warren Ballentine #16-047
Tallahatchie Correctional Facility
415 US Highway 49N
Tutwiler, MS 38963

Beaumont Gereau #16-001
Tallahatchie Correctional Facility
415 US Highway 49N
Tutwiler, MS 38963

Meral Smith #16-024
Tallahatchie Correctional Facility
415 US Highway 49N
Tutwiler, MS 38963

At this event, we will also send birthday cards to political prisoners with birthdays in October: Skelly Stafford (the 3rd), Jamil Al-Amin (the 4th), Mike Africa & David Gilbert (both on the 6th), Malik Bey (the 8th), Jalil Muntaqim (the 18th), and Eddie Africa (the 31st).

Support the Vaughn 17 in court!

from Facebook

In 2017, a large scale uprising was launched at the Vaughn Correctional Institution in DE. 17 prisoners are being accused of orchestrating the uprising, 16 of which are facing murder charges for the death of a corrections officer during the riot.

On October 8th the first trial will begin at the Leonard L. Williams Justice Center in Wilmington, DE. Let’s pack the court, write letters, and show support for the Vaughn 17 as they face state repression in the wake of a recent hunger strike and as they face trial.
All prisoners are now being held at the Sussex Correctional Facility, a poster with updated addresses can be found here;
https://itsgoingdown.org/wp-content/uploads/2018/09/vaughn-update918.pdf
Trial dates are currently scheduled as follows (but are subject to change, check back for updates);
Oct. 8/ Nov. 5/ Dec. 3/ Jan. 7/ Feb 11

SCI Chester Prison Strike Banner Drop

Submission

Some anarchists dropped a banner reading “#PRISON STRIKE – FREE ALL PRISONERS” off the parking garage for the casino next to SCI Chester. Timing was good, and there were folks in the yard of the prison when we dropped it. Hopefully people both in the yard and in the dorms facing the banner saw it clearly, and felt some sense of the solidarity we hoped to communicate.

Unfortunately we couldn’t safely get a clear photo of the banner itself after deploying it. But whatever, out target audience was closer.

The PA Dept of Corrections is currently imposing severe restrictions on those it holds captive, including absurd rerouting of all mail through a private corporation in Florida, increased security screening for visitors, and soon, implementing a system where inmates will only have access to e-books after buying devices with which to read them at their own expense.

Considering this, we gotta figure out more creative ways to communicate with people inside while escalating on the outside. Like, actually escalating on the outside.

For rebellion inside and out,
for severe escalation to end prisons,
– some philly anarchists