Gary Graham (Shaka Sankofa)
Read article on Gary Graham by Mumia
Abu Jamal
"IT HAS BEEN BROUGHT TO MY ATTENTION
THAT THERE IS EVIDENCE THAT CREATES A POSSIBILITY OF REASONABLE DOUBT AS
TO WHETHER OR NOT GARY GRAHAM DID IN FACT COMMIT THIS CRIME. . .
. . .I DO NOT WANT THE EXECUTION
OF A POSSIBLY INNOCENT MAN ON MY CONSCIENCE."
- LORETTA LAMBERT (The Victims Daughter) WROTE TO GOV.
RICHARDS ON APRIL 11,1993.
FLASH ! FLASH ! Update - November 17, 1999 -
On October 27 a letter was received from Shaka updating us on the latest development in his case. Shaka's case is now at the US Supreme Court. As of this date the US Supreme Court has not issued a ruling on hearing Shaka's case. Shaka's case is being held pending reargument in another Federal Habeas case from Nevada, Slack v. McDaniel (Slack is not under a death sentence.) The issue in Slack is related enough to the first issue presented in Shaka's cert petition to convince the court to defer any decision until Slack has been reargued. Slack was argued earlier this month, but the court was not satisfied with the issues addressed and ordered the parties to submit supplemental briefs and to reargue the case in late January 2000. There should be no decision given in Shaka's case until after this reargument in Slack.
It remains critical that we must continue to do everything possible to have the evidence heard. We must continue to reach out to the community to engage the hearts and minds of our sisters and brothers to aid in this struggle for justice.
Information
provided by the supporters of Shaka Sankofa
No More Execution Dates For Gary Graham
!
Stop The Execution !
A New Trial Now !
Shaka Sankofa is still in grave danger of execution for a crime he did not commit. In 1981, when Shaka was a juvenile, he was convicted and sentenced to death for robbery/murder of a white man, by a nearly all white jury based on the testimony of a single eyewitness who saw the gunman for brief seconds from a distance of 30 to 40 feet while sitting in a car in a dark parking lot. No other evidence linked him to the offense-no fingerprints, no confessian, and no gun. Shaka was represented at trial by a count-appointed lawyer who failed to investigate his case. Finally, in 1993, new lawyers investigated his case and discovered compelling evidence which conclusively establishes his innocence.
· At least five eyewitnesses state that Shaka was not the gunman and did not meet the physical description of the gunman.
·Four alibi witnesses passed polygraph tests.
· A ballistics report withheld from the jury proved the Jury proved the gun that prosecutors presented at trial was not the gun used in the crime.
The Courts have refused to allow this evidence of innocence to be presented in a court of law. In February 1999, a federal appellate court denied Shaka's appeal refusing to hold an evidentiary hearing or a new trial. The evidence of innocence has never been presented in a legal forum.
Gary Graham Justice Coalition
P.O. Box 871,
Galena Park, Texas
77547 USA
For more Information call :
(713) 491-0365 or
(212) 283-7109
Email: Garygra696.aol.com
http://ccadp.org/shaka-orderform.htm
Click the link below to print up your own copy of the ORDER FORM
to help support the Gary Graham Defense Fund
http://ccadp.org/shaka-orderform.htm
http://ccadp.org/graham-petition.htm
http://ccadp.org/graham-support.htm
http://ccadp.org/graham-moralappeal.htm
http://ccadp.org/grahamchild.htm
WHO IS SHAKA SANKOFA?
Gary Graham, now known as Shaka Sankofa, is a 35 year old African American man who is fighting for his very life on death row in Texas for a crime he did not commit. Shaka has been on death row for 18 long and harrowing years transforming himself from a seventh grade drop-out to an articulate and learned social advocate, writer, and sensitive and responsible man. Shaka is the father of two children, ages 18 and 20, and the proud grandfather of one granddaughter. Not allowed contact visits, he has not been able to touch his children in 18 long years, still the bond is tight. He has worked hard to fulfil his duties as a father and advocates for community and family support for them as well as himself. A self-educated man and a role model for young people, he earned his GED, cofounded a newspaper and social justice organization, the Endeavor Project, and frequently speaks on radio programs urging young people to not get involved with the criminal justice system.
Childhood Hardships and the Consequences
Shaka was a childhood victim of poverty, abuse and neglect. His mother suffered from severe mental illness often requiring hospitalization in state mental facilities and his father was a chronic alcoholic who spent years in prison. Shaka has stated that he often felt as a child like an "old shoe" as he was passed around from relative to relative. Still, his parents were fiercely sure of his innocence and spent their last years struggling to free him from death row. Both of his parents are now deceased.
Once Shaka reached adolescence and dropped
out of school, unable to fully read and write, he began to move, not surprisingly,
in the wrong peer circles, hanging out with much older and hardened youth.
Lacking the basic needs and structure every child needs to grow healthy
and strong, Gary grew out of control escalating from nonviolent petty offenses
to a brief but destructive bout of violence resulting in his commission
of a number of armed robberies at age 17. No one was killed although there
were injuries. He has never committed or been convicted of rape though this
is one of the lies told by the vigilantes who want to see this Black man
killed. He has always candidly acknowledged his mistakes and taken
full responsibility for his criminal acts. For these crimes, he has served
almost two decades in prison, apologizing verbally and in writing to the
victims of these crimes and expending time and energy to get the mes
sage out to young people to turn their back
on criminal conduct.
How did Shaka Sankofa get on death row?
While in jail on the robbery charges, Shaka was targeted by police and prosecutors as a possible suspect in the murder investigation of a white man, Bobby Lambert, in a Houston supermarket parking lot in north-east Houston in 1981. Lambert was found to be in possession of at least $6,000.00 in cash at the time of his death that was not taken though police charged Shaka with robbery as well as murder in order to obtain a death sentence. Lambert had a lengthy criminal record for trafficking large quantities of narcotics in a plane and other offenses. At the time of his death, he was involved in a drug investigation and grand jury so hush hush that his file was marked "confidential" when he was killed before he could testify before the grand jury. Because the police immediately focused attention on Shaka and failed to follow up on other leads, they never followed up on the leads that linked Lambert's death to his own nefarious criminal affairs. However, Lambert's widow, Loretta Lambert, publicly appealed to then Governor Richards to spare Shaka's life declaring her doubt of his guilt of her husband's death.
Shaka was ultimately charged with the robbery/murder of Lambert after he was identified by a single eyewitness to the crime. This witness initially failed to identify Shaka's photograph in a photo array shown by police stating that the assailant's face was "thinner and darker" than that of Shaka. Nevertheless, police persisted in having Shaka implicated in the Lambert murder placing him in a line-up a few days later where the same witness viewed him yet again this time pointing him out as the gunman. Based on this single piece of questionable evidence, Shaka was sentenced to death. His court appointed attorney at trial assumed he was guilty and never investigated the case neglecting to talk to critical witnesses who could have established Shaka's innocence and failing to cross examine prosecution witnesses on crucial matters.
How many times has Shaka been scheduled for execution?
Shaka has had five terrifying brushes with death. In 1987, before his case came to the public's attention, he came within 3 hours of execution before he received a stay of execution. Shockingly, since the evidence of innocence was finally discovered and people became aware of his plight, he has faced 4 more execution dates. In April 1993, he came within 8 hours of death. In May 1993, he came within 12 hours of death. In August 1993, he came within 5 hours of fatal poisoning by lethal injection. In January 1999, he came within 24 hours of state-sanctioned murder.
What is the evidence of innocence?
In 1993, twelve years after Shaka was convicted, new lawyers finally launched a full investigation in his case. Much of the evidence was in police reports and found could have been discovered earlier by lawyers.
At Least Six Crime Scene Witnesses State Shaka Not Gunman
At least six crime scene witnesses listed in Houston police reports have sworn in affidavits under oath that Shaka did not kill Lambert because he did not meet the physical description of the killer. Several of these witnesses have independently corroborated that the killer was shorter than Shaka who stands at 5 feet 9 inches or 10 inches. These witnesses state that the killer was under 5'6. Several have also sworn under oath that the actual killer had different facial characteristics than Shaka. None of these witnesses have ever been allowed to testify in a court of law where there demeanor and truthfulness could be assessed.
Four Alibi Witnesses Passed Polygraph Tests
Four people passed polygraph tests attestmg
to the truth of their claim that Shaka was with them on the night of the
murder.
Has the government ever acknowledged the compelling evidence?
In 1993, Governor Ann Richards acknowledged the compelling evidence and granted a stav of execution in Shaka's case stating that his case warranted further consideration. This was only the second time that she gave a stay to a condemned prisoner. However, she failed to take any other steps to ensure that further consideration was given to his case before she left office. Governor George Bush has stated that he is concerned about two issues in capital cases: was the defendant actually guilty? And was the prisoner given access to the legal process? These are exactly the issues in Shaka's case but Governor Bush has refused to take any action in Shaka's case other than to make false rhetorical claims that Shaka poses a danger to the community, which is preposterous, contradicted by all existing evidence. At least two Texas courts have admitted that the evidence in his case is compelling and credible; and the Fifth Circuit also admitted that there was a substantial amount of relevant and important evidence which should be heard. Despite all of these official proclamations, Shaka is slated for death in three months or less.
Has the evidence of innocence ever been heard in a court of law?
The Illegal '30 Day Rule" that Led to the Execution of Innocent People
Since 1993 when the evidence of innocence was discovered, Shaka's lawyers have sought in vain to receive a hearing or new trial where all of the evidence could be presented. The first major obstacle Shaka faced in 1993 was a Texas rule barring court review of evidence of innocence brought forward more than 30 days from the original trial conviction. This arbitrary rule. known as the "30 day rule", prevented Shaka from having the evidence heard in state courts because it was not found until 12 years after his conviction through no fault of his own. It is almost certain that innocent people in Texas have been executed because of this rule. In 1993, the U.S. Supreme Court turned down the appeal of another possibly innocent Texas death row prisoner, Lionel Herrera, who challenged the 30 day rule and tried to have the Texas courts hear evidence which could prove his innocence. The Supreme Court refused to allow his evidence of innocence to he heard and Herrera was executed. The Herrera decision was blatantly unfair and people across the world protested the courts ruling that "actual innocence was irrelevant, as long as there was a conviction on the books. When people worldwide began to protest against the 30 day rule during the campaign for Shaka in 1993, the Texas Court of Criminal Appeals ("CCA") struck down the 30 day rule in 1994 in Shaka's case creating a hearing process for prisoners to present evidence of innocence after the 30 day deadline. However, the CCA has now reversed itself without legitimate grounds and has refused to allow Shaka to present his evidence of innocence in state courts.
The Repressive Anti Terrorism and Effective Death Penalty act of 1996
As Shaka was fighting to stop his execution in 1993 because the Texas courts wouldn't hear the evidence, his lawyers filed a habeas corpus petition in federal court seeking a hearing or new trial. In 1994, his supporters packed a federal appellate courtroom while his lawyers argued hefore the United States Court of Appeals for the Fifth Circuit that he was entitled to a new trial because of overwhelming proof of his innocence and ineffective assistance of counsel leading to an unfair trial. The Fifth Circuit took no action on Shaka's appeal for over two long years as he languished on death row between life and death. Finally, in 1996, the federal court ruled that there was substantial evidence which should be reviewed in a court. But at this point, the Fifth Circuit passed the buck sending the case back to the state court rather than ordering a hearing or new trial itself. The state courts refused to hold a hearing and lawyers raced back to the federal court with an execution date of January 11,1999 over Shaka's head, his fifth execution date.
Federal Appellate Review of Capital Cases Needed
The federal court refused to hold a hearing
or new trial. Ignoring its earlier finding that Shaka's case mandated judicial
attention, the federal court ruled that a law passed in 1996 known as the
AntiTerrorism and Effective Death Penalty Act ( ADEPA) blocked Shaka's evidence
of innocence from being heard in federal court. First, it was the 30 day rule;
now it is the.ADEPA.The ADEPA is a repressive law that seeks to keep death
row prisoners from bringing cases in federal courts. The supposed rationale
is that prisoners abuse the court system and bring too many cases. The truth
is very different. Over 40% of death row convictions are overturned on appeal
so there are valid claims being raised by death row prisoners in their appeals
which should be heard. Moreover, most people on death row are poor and did
not have the financial ability to hire decent lawyers at trial. Empirical
data proves that defendants that are represented by court-appointed lawyers
are convicted more often than defendants with private lawyers. Court-appointed
lawyers often lack the experience and training, commitment and resources to
adequately defend death penalty
cases. The case records of these cases would make a stone statute tremble:
lawyers in court drunk, sleep, and openly
hostile to their clients. The only time that the terrible miscarriages ofjustice
committed during these trials can be remedied is in later appeals. This is
why death row prisoners bring so many appeals and why the ADEPA and 30 day
rule are unfair and illegally block valid legal claims from being heard in
court.
Has Shaka Sankofa a really had 35 reviews of his case?
Only One 1987 Review of Evidence
In its haste to kill Shaka, the state of Texas falsely accuses Shaka of abusing the court process and argues that his case has been in court over 35 times. In 18 long years, the courts have allowed Shaka only one hearing where witnesses could testify. That hearing took place in 1987 in state court. Two alibi witnesses testified along with Shaka. His lawyer did not fully investigate the case so he did not uncover the evidence of the crime scene witnesses and they were not present to testify on his behalf in 1981 or 1987. The federal court denied Shaka's claim. The federal courts, which claim to carry out the mission of protecting the constitutional rights of state prisoners suffering under wrongful state criminal convictions has never held a hearing where witnesses could give live testimony in court. The revolving door process which the courts have created has kept Shaka in perpetual pursuit of justice but he has not received any form of actual review except in 1987. Shaka Sankofa's case has not been reviewed 35 times. It was reviewed once before the most important evidence was found.
What is the current status of Shaka's case?
Shaka's lawyers plan to file a petition for writ of certiorari in the U.S. Supreme Court in late June 1999. The decisions that the court has to make are
1.) whether Shaka's appeal will be accepted
by the Court which accepts only a few cases each year;
2.) whether to grant a stay of execution
in his case while it makes this decision; and
3.) whether to reverse the Fifth Circuit's
ruling that the ADEPA bars Shaka from having his case heard in court. If the
Supreme Court decides against Shaka on any of these questions, Shaka will
have only one other avenue to pursue review of his claims-in the Texas Board
of Pardons and Paroles which can hold a clemency hearing where the evidence
of innocence can be heard. However, the Pardons Board is one of the most
widely criticized in the country because of its failure to hold a hearing-with
one exception-since 1981 when Texas reinstituted the death penalty. Governor
George Bush appoints the Board members but has hidden behind the lie that
his "hands are tied" when it comes to ensuring justice to Shaka Sankofa.
The reality is that as the state's highest elected official, he has the obligation
and authority to mandate that state officials make sure that an innocent
man is not going to be executed.
What can people do to secure justice once
and for all?
A people's movement is the only hope for Shaka. People must pressure the U.S. government for justice. Write, fax and call President Clinton and Governor Bush daily if necessary. Build public awareness by holding forums, talking to the media, sending out this flyer and others to every-one you know. Get out in the streets in protest. Join in marches on Austin, in Houston and, if the case stays in the Supreme Court, in Washington, D.C. Coordinate prayer vigils, put Shaka's name on prayer lists. Support activities such as the Solidarity Weekend activities planned for June 12,13 & 14, 1999.
For more information on how to save Shaka Sankofa and on the death penalty, please contact
Gary Graham Justice Coalition,
P.O. Box 871,
Galena Park, Texas 77547,
tel.713-491-0365 or 212-283-7109
email Garygra696.aol.com
GARY
GRAHAM CASE RECEIVES WORLD
ATTENTION
IN RECENT MONTHS GARY
GRAHAM'S CASE HAS RECEIVED PROMINENT MENTION IN NEWSPAPERS AROUND THE WORLD
AND ON TELEVISION NEWS SHOWS INCLUDING ABC'S "DAY ONE", "HARD COPY", "INSIDE EDITION",
AND NBC-TV
TODAY SHOW. GARY'S CASE ALSO HAS ATTRACTED ATTENTION FROM AROUND THE WORLD WITH PUBLIC
FIGURES SUCH AS THE MOST REVEREND BISHOP DESMOND TUTU, HIS
HOLINESS DALAI LAMA, DR. BEN
CHAVIS, EXECUTIVE DIRECTOR
OF THE NAACP, FORMER FIRST LADY ROSALYN CARTER, REV. JESSE JACKSON,
FORMER OHIO GOV. RICHARD CELESTE AND FORMER NEW MEXICO GOV.
TONEY ANAYA, FORMER U.S. ATTORNEY GENERAL RAMSEY CLARK, U.S.
REP. HENRY GONZALEZ; CORETTA SCOTT KING WIDOW OF THE REV. MARTiN LUTHER KING, JR.,
DR. JOSEPH LOWERY1 PRESIDENT OF THE SOUTHERN
CHRISTIAN LEADERSHIP CONFERENCE, JOSEPH A. FIORENZA, BISHOP OF THE GALVESTON/HOUSTON
DIOCESE, KERRY KENNEDY CUOMO,TEXAS
STATE REPS. AL EDWARDS AND IRMA RANGEL, STANLEY SHEINBAUM, L.A.
POLICE COMMiSSIONER AND MANY OTHERS CALLING FOR A HALT OF
HIS EXECUTION. AND MANY HOLLYWOOD CELEBRITIES HAVE TAKEN UP
GARY'S CAUSE, INCLUDING DANNY GLOVER. KENNY ROGERS AND HIS
WIFE MARIANNE ROGERS, LIONEL RITCHIE, EDWARD ASNER, MIKE FARRELL, MARTIN SHEEN,
VALERIE HARPER. OSSIE DAVIS,
HARRY BELAFONTE, RUBY DEE, KEN KRAGEN, ORGANIZER OF "HANDS ACROSS
AMERICA", PRODUCERS AND DIRECTORS NORMAN LEAR AND ARTHUR ALLAN
SEIDELMAN. DEE WALLACE STONE, CHRIS STONE. LIZ TORREZ, MICHAEL WARREN, SISSY SPACEK AND
MANY OTHERS SPEAKING OUT
AGAINST GARY'S EXECUTiON.THOUSANDS OF PEOPLE AROUND THE \VORLD HAVE ALSO
RAiSED THEIR VOICES IN OPPOSITION TO GARY'S EXECUTiONS. WITH PUBLIC DEMONSTRATIONS
HELD IN HOUSTON, AUSTIN, DALLAS AND MANY OTHER CiTiES THROUGHOUT THE
UNITED STATES, AND IN COUNTRIES
AS FAR AWAY AS GERMANY, ENGLAND, CANADA. AUSTRALIA AND ITALY.
HOUSTON AREA RAP ARTISTS
HAVE JOINED FORCES AND RECORDED
AN UNTITLED RAP SONG PRODUCED BY RAP-A-LOT RECORDS. INC. ABOUT GARY'S
CASE. HUNDREDS OF GOVERNMENT OFFICIALS HAVE EXPRESSED THEIR SUPPORT FOR GARY'S
CAUSE. AND EVEN THE WIDOW
AND STEP-DAUGHTER OF BOBBY LAMBERT, THE MAN GARY IS ALLEGED TO HAVE
MURDERED, HAVE WRITTEN TEXAS GOV. ANN RICHARDS ON GARY'S BEHALF.
"IT HAS BEEN BROUGHT TO MY ATTENTION THAT THERE IS EVIDENCE
THAT CREATES A POSSIBILITY OF REASONABLE DOUBT AS TO WHETHER OR
NOT GARY GRAHAM DID IN FACT COMMIT THIS CRIME" LORETTA LAMBERT
WROTE TO GOV. RiCHARDS ON APRIL 11,1993. MRS. LAMBERT CONTINUED,
"I DO NOT WANT THE EXECUTION OF A POSSIBLY INNOCENT MAN ON MY CONSCIENCE."
Contact Gary Directly by mail at :
Gary Graham # 696
Terrell Unit
12002 FM 350 SOUTH
Livingston, Texas, 77351 USA
