Execution date set, prison officials now abuse and torment Shaka !
==================================
Just got off the phone with Ricky Jason (409) 924-7303 who has been faithfully visiting and communicating with Gary Graham (Shaka Sankofa) for over a year now.  They corresponded so regularly that Ricky became concerned when he hadn't received a letter from him recently, felt something was wrong, and immediately set out to see Gary yesterday (5/9) a.m.  He
got to the prison at 8:00 a.m. and was forced to wait almost 45 minutes for them to bring Gary out.  While using the restroom, Ricky overheard the racist guards laughing about Gary having used up his last appeal and that "now we can execute that nigger."

When finally allowed to see Gary, Ricky Jason along with witness William Butler did not even recognize him, and said to each other "Man look! God have mercy! What happened!"
Gary was covered in filth with his shirt ripped, looking as though he had been wallowing on the ground.  He had a huge knot over his eyebrow and was shaking like a leaf, stuttering,
and asking for food.  Gary wanted to know how Ricky got in, that they had put him on restriction so that only a lawyer, minister or media person could see him.  All regular visits
have been stopped. Ricky told Gary to just hurry up and tell him what had happened in case the guards came in and forced him to leave.

Gary told Ricky that the day the execution date was set, guards came to his cell with their heads covered with hoods to conceal their identity.  They said, "Let's go, Graham" and
Gary said, "I'm not going anywhere, I'm innocent, I didn't do nothing."  Guards told him he had to be moved to the next phase and tear gassed him twice, beat and dragged him to
the other room, where Gary passed out.  The guards took everything from Gary, his radio, his typewriter, even his underwear.  Gary had a large box of mail ready to be sent out and the guards said they were not going to let Gary's mail go out and these many, many letters have not been seen since.

Gary said he hadn't eaten and that the chaplain has to be present when he eats or does anything at all.  They are trying to cover up all this sick torture they are putting on him
and Gary feels totally isolated and vulnerable to racist attacks by the guards.

Ricky said as soon as he got home he called the warden and was kept on hold for 30 to 40 minutes. He called back later and they did the same thing to him.  Ricky said he hasn't
slept at all last night and is extremely worried and upset about Gary's condition yesterday and who knows what of his condition today?

From Ricky:  "They are dragging him down just like they did James Byrd.  Gary Graham is a leader and that is why they are so scared of him.  We got to stand up and do something
right away!  If they're beating him down now, imagine what they will do to him next month when his execution date is closer?  The racism in the prison is very easy to see, the
guards are brutal and I haven't slept worrying about the condition I saw Gary in and what may be happening to him right now.  We need to call into the warden, the president, Gov. Bush, anyone and everyone and stand up and stop this torture and this execution.  Gary Graham is innocent and they know it!"
 

TESTIMONY OF HIS FRIEND MUENDA - WITNESS OF THE TORTURE    Written by fellow death row prisoner May 5/2000

PLEASE SUPPORT BY PASSING THIS ON AS FAR AS POSSIBLE.  ANYONE WHO HAS MEDIA CREDENTIALS *PLEASE* WORK ON GETTING IN TO SEE GARY, HIS CONDITION MUST BE MONITORED REGULARLY AND HIS STORY MUST GO OUT WORLDWIDE ASAP!  PAM AFRICA
IS CALLING ON ALL SUPPORTERS OF MUMIA TO ALSO SUPPORT GARY GRAHAM AT THIS CRITICAL TIME!

SHAKA SANKOFA AKA GARY GRAHAM EXECUTION DATE SET JUNE 22, 2000

                        THIS IS A CURRENT UPDATE OF EVENTS:

1.  MAY 1, 2000       THE U.S. SUPREME COURT REFUSED TO HEAR SHAKA'S CASE
SENDING IT BACK TO TEXAS FOR THE "FINAL SOLUTION".

2.  MAY 4, 2000        SHAKA WAS TAKEN FROM THE TERRELL, SUPERMAX  UNIT, IN
LIVINGSTON TEXAS, TO THE COURT OF "NO RETURN" IN  HOUSTON TO BE GIVEN AN
EXECUTION DISTRICT JUDGE J MICHAEL WILKINSON.  THE DATE WAS SET FOR JUNE 22,
2000
 

RICHARD BURR ONE OF SHAKA'S APPELLATE ATTORNYS WAS DISAPPOINTED WITH MONDAYS' U.S. SUPREME COURT DECISION, BUT SAID THAT HE WILL CONTINUE TO FIGHT FOR HIS CLIENT.  ARE YOU WILLING TO LEND YOUR SUPPORT AND HELP IN THE FIGHT FOR THE LIFE OF SHAKA?

MONDAY'S DECISION BY THE U.S. SUPREME COURT FOCUSED ON WHETHER A 1996 FEDERAL
LAW MEANT TO SPEED UP DEATH PENALTY APPEALS APPLIED TO SHAKA.  BY DECLINING
TO HEAR SHAKA'S CASE THE COURT ESSENTIALLY UPHELD THE RULING OF TEXAS FEDERAL
COURTS.  WHICH SAID THAT THE ANTI-TERRORISM & EFFECTIVE DEATH PENALTY ACT OF
1996 DID APPLY TO SHAKA.

PLEASE CONTACT THE FOLLOWING INDIVIDUALS AND NEWSPAPERS REGARDING SHAKA
SANKOFA AKA GARY GRAHAM
 

GOVERNOR GEORGE W. BUSH JR.
OFFICE OF THE GOVERNOR
P.O. BOX 12428
AUSTIN, TX 78711
PHONE:  (512) 463-2000
FAX:        (512) 463-1849
E-MAIL:   www.governor.state.tx.us/email.htm1
 

BOARD OF PARDONS AND PAROLE
GERALD GARRETT, CHAIRMAN
PRICE DANIEL, SR. BUILDING
209 W. 14TH STREET, SUITE 500
AUSTIN, TX 78701
PHONE:   (512) 463-1679
FAX:        (512) 463-8120
 

AUSTIN AMERICAN-STATESMAN
LETTERS TO THE EDITOR
P.O. BOX 670
AUSTIN, TX 78767-0670
PHONE:   (512) 445-3500
FAX:        (512) 445-3679

THE DALLAS MORNING NEWS
LETTERS TO THE EDITOR
P.O. BOX 655237
DALLAS, TX 75265-5237
PHONE:   (214) 977-8222
FAX:         (214) 977-8319

HOUSTON CHRONICLE
LETTERS TO THE EDITOR
P.O. BOX 4260
HOUSTON, TX 77210-4260
PHONE:   (713) 220-7171
FAX:        (713) 220-6677

HOUSTON DEFENDER
LETTERS TO THE EDITOR
P.O. BOX 8005
HOUSTON, TX 77288-8005
PHONE:   (713) 663-6996
FAX:         (713) 663-7116
 

NOTE:   THESE CONTACTS ARE LISTED IN THE ORDER OF THEIR IMPORTANCE TO SHAKA.
IF YOU HAVE TIME TO WRITE ONLY ONE LETTER, OR MAKE ONE PHONE CALL PLEASE
CONTACT THE  FIRST NAME OF THE LIST.

THANK YOU!

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.

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 presentedat 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
 
 

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

Click the link below to print up your own copy of theORDER FORM                         to help support the Gary Graham Defense Fund       http://ccadp.org/shaka-orderform.htm

Click the link below to print up your own copy of the petition                                 to Stop the Execution of Gary Graham        http://ccadp.org/graham-petition.htm

Click the link below to print up a copy of the                         "Resolution in the Matter of Gary Graham"          to show your support to Stop the Execution of Gary Graham        http://ccadp.org/graham-support.htm

Click the link below to print up your own copy of the                             "Moral Appeal to Communities of Faith"                      to be copied / distributed in your community.      http://ccadp.org/graham-moralappeal.htm

Click the link below to read the article,                     " A Child On Death Row, A Tragedy Unfolding."                 http://ccadp.org/grahamchild.htm

Click the link below to read                                         Urgent Financial Appeal

Click the link below to read                                              Letter From Shaka

Click the link below to read                              Message To Youth And Students

                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 andpeople 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  deathpenalty 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
 
                                      

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