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DEATH SENTENCE OVERTURNED
                      
Zolo Agona Azania

Wrongfully Convicted in Indiana
   

www.zoloazania.org

"Freedom is not a commodity which is given to the enslaved upon demand.
It is a precious reward, the shiny trophy of struggle and sacrifice."

                                                                           - Dr. Kwame Nkrumah


www.zoloazania.org

Art by Zolo

The Law is for Everybody

Total Authoritarianism

The Protocol For Lethal Injection In Indiana

Untold Terror in United States Must Cease
Statement From African American Exiles Living In Canada

Zola's Letter To Judge Shepard

News Articles about Zolo Agona Azania






MAY 2005 UPDATE:


A specially appointed judge ruled on May 1, 2005 that the State of Indiana coud not seek a third death penalty
against Zolo Agona Azania, who previously had two death sentences overturned on appeal, because of
"fundamental principles of fairness, due process, and speedy justice". Despite no longer being under a death penalty,
Zolo Azania is still on death row while Indiana prosecutors appeal the judges' order.


If the judge's order barring the death penalty is upheld, Zolo could be released from prison in five years.

Zolo, who is Black, was convicted by an all white jury in February, 1982 for the 1981 murder of a white Gary,
Indiana police officer in the course of a bank robbery. Zolo did not recieve a fair trial,
and has always maintained his noninvolvement in the crime. On May 25, 1982,
he became the first person in Allen County to be sentenced to death since 1959.


In 1993 the Indiana Supreme Court vacated Zolo's death sentence - while failing to overturn his conviction
- holding that the state had withheld favorable evidence (results of a gunshot residue test termed
'inconclusive' as to whether Zolo had fired a gun). The court also found that Zolo's trial counsel
had provided ineffective assistance ( he was so intimidated by the police state atmosphere surrounding
the trial that he didn't sit at the same table as Zolo; he failed to interview defense witnesses;
he put on no evidence during the trial or the death penalty phase. ) After a second sentencing trial in 1996,
Zolo was resentenced to death; by a jury composed of 11 whites, and no Blacks.


In 2002, the Indiana Supreme Court vacated Zolo's second sentence of death, finding that Black people had been
systematically excluded from the pool from which the jury had been chosen. In fact, half of Allen County's
Black population had been eliminated from the jury pool for the previous 15 years.


All three Allen County Superior Court judges have been forced to recuse themselves from Zolo's case.
Two were disqaulified for blatant conflicts of interest and the other left the bench to enter an alcohol rehabilitation centre.
In 2004, Boone County Circuit Court Judg Steven H David was specially appointed to over see the case.
Ruling on a motion filed by Zolo's defense counsel, Michael Deutsch of the People's Law Office in Chicago,
Judge David held that Zolo's constitutional rights to due process and a speedy trial have been violated,
and prejudice would result if the death penalty was pursued after a 23 year post conviction delay in sentencing.
The judge found that the State was largely responsible for this delay.
Nevertheless, the Lake County Indiana prosecutor has filed an appeal to the Indiana Supreme Court,
seeking to overturn the order which bars him from pursuing a third death sentence.
Meanwhile, people around the work continue to oppose a new death penalty for Zolo.


Contacts:

Zolo Agona Azania
4969
Indiana State Prison
PO Box 41
Michigan City Indiana
46361-0041

No Death Penalty for Zolo Committee
PO Box 478314
Chicago IL
60647



Michael Deutsch, Esq
Peoples Law Office
1180 N Milwaukee Ave
Chicago Il 60622
Ph 773-235-0070
Mdeutsch45@aol.com





FOR IMMEDIATE RELEASE

TO: Sisters, Brothers, Comrades, Friends & Supporters

FROM: Zolo Agona Azania #4969
Indiana State Prison,  PO Box 41
Michigan City, Indiana 46361-0041 USA

RE: Azania vs. State of Indiana
Upper Cause No. 02S00-0009-SD-538
Lower Cause No. CR-81-401

 

On August 11, 1981  I was illegally arrested by political police and accused of killing a police officer during a bank robbery.  False evidence was invented and used as a ruse against me,  calculated to provide a wrongful conviction and death sentence, cloaked with improper acts with the prosecutorial machinery and resources to give it the appearance of propriety.   I was convicted in 1982 on admitted perjured testimony and tainted evidence, and then sentenced to the penalty of death !

After years of contesting the bogus charge,  the death sentence was reversed (overturned) by the Indiana Supreme Court in 1993.  But after a second trial on the sentence only, it was put on me again in 1996.  Giving up was not an option; so the struggle for liberation continues !

I am holding my head up with much dignity and self-respect. I have a positive, constructive outlook on life.  I do not believe that lies are more stronger than truth.  I am seeking to garner pledges of concrete support from as many people as possible, and to let people know who I am.   For without the essential moral and material support from concerned people, like you on the outside of prison, one has a tendency to become isolated and alienated in here, like a scuba diver cut off from fresh oxygen twenty-thousand leagues beneath the sea.  Isolation is used as a means of total control, to imbue your mind with the feeling of being alone and helpless.

Both all-white Jury trials were rigged and corrupt evidence was falsified against me, in gross violation of my human rights.  Even though they've been caught lying; they'll merely fabricate more lies to cover up for being found out.  Through all the fire of persecution and hatred I remained undaunted.

The evidentiary hearings on the merits of my successive petition for post-conviction relief, that New Afrikan people were systematically excluded from the Allen County Jury pool and that the prosecution knowingly put on false testimony against me, is set for March 13, 14. and 15th 2001.  My defense team and I have three (3) days to present my case for a new trial.

The news media needs to know about the hearings and the numerous letters and petitions that people are writing to the court judge on my behalf.   By going public will break the suffocating isolation that the status quo systems' operators are trying to conduct the hearings on my case.

Please send a copy of your letters to the news media.  Let the media learn about your compassionate urgings to the Judge to give real Justice to me and grant me a new trial. Contact them at the addresses below:

1. The News Sentinel
c/o Editor
600 West Main Street
PO Box 102
Fort Wayne, Indiana 46801 USA
Tel.: (219) 461-8298
e-mail: nsnews@news-sentinel.com
website : http://www.news-sentinel.com/ns
 

2. The Journal-Gazette
c/o Laura Emerson
600 West Main Street
PO Box 100
Fort Wayne, Indiana 46801-0088  USA
Tel: (219) 461-8428
e-mail: jghabayeb@fortwayne.infi.net

3. Indianapolis Star
c/o Editor
307 North Pennsylvania Avenue
P. O Box 145
Indianapolis, Indiana 46206-0145  USA
Tel. (317) 444-6177
e-mail: stareditor@starnews.com
website : www.starnews.com

It really does make a big, positive difference when we all get involved and work together. 
Thank you very much for this and past courtesies. There is victory for Us!  Rebuild to win !

In struggle and solidarity,

Zolo Agona Azania
Dated February 14, 2001



Zolo receives a stay of execution !

Yesterday, the Indiana Supreme Court issued a stay of Zolo's execution date on the issue of the newly discovered perjured testimony
( this is about the eyewitness being told to identify Zolo by a police officer working with the prosecution)  at Zolo's first trial back in 1982.
It puts us a very fast track and ordered the trial judge to rule on this claim by February 12, 2000.

  As to all the new claims coming out of Zolo's retrial, including the issue of exclusion of Black's from the jury and ineffective assistance of counsel,
the Court's order states that these matters are still "under consideration."

 So we have to keep up the pressure on the Supreme Court to let Zolo have his
 right to have these issues litigated in the Indiana Courts before another execution date is set. Letters and phone calls to the Indiana
Supreme Court urging the Court to allow all the new issues arising out of  this retrial to be heard by the Indiana courts.

 This is certainly a partial victory for us and all of you can be assured that your efforts helped to bring this about.






LETTER OF APPEAL FOR HELP OUT OF AN UNJUST HELL OF DEATH ROW !
  (as written by Zola Agona Azania )

On August 11 ,1981, i was arrested in the city of Gary and charged with armed robbery and murder. On that day the police dispatcher sent out a
call-about a robbery at the Gary National Bank, 3680 Broadway. The first cop on the scene was shot. Thereafter, a citywide dragnet took place and about 10 Black
 (New Afrikan) people were snatched off the street!

All police reports of these arrests were either withheld or destroyed. In this atmosphere of class conflict, i was stopped in a Black neighbor-hood on the West Side of Gary by a white cop. When i demanded to know what was going on, the racist cop said, "Nigger, you shot a cop!" i vehemently denied the accusations only to be told; "Well if you didn't do it nigger, you sure as hell know who did." Then, he said "Well, i'm not sure if you did or not, but you'll do."   This happened on 25th & Lincoln Street.

I was arrested because nobody else was around on the street at that time. The police officer who arrested me did not even know who I was.  But since i was the only person walking down the street (about 2 1/2 miles from where the bank robbery and shooting had occurred)  i was considered a suspect!

In the process of being arrested, the police forced me down on the side-walk; handcuffed me behind my back, and without provocation, hit me with his pistol and fist; thereby inflicting lacerations to the left side of my head. Then, some little children came by and he pointed his pistol at these little children too. By that time, people were coming out of their houses crowding around. The cop then picked me up, threw me in the back of his car and told me to lay on the floor and drove away. 
i kept my head up so that people could see that i was still alive.

The political police and the prosecutor used the news media to slander and kill me in the hearts and minds of people.  What has happened to me is not an isolated incident. I was enrolled as a full time student at Gary Manpower.  I had previously obtained a G.E.D. (General Education Diploma) and was qualified for a federal grant to attend college. In spite (petty malice) of my present unfortunate circumstances, however, it has been a great (big) educational experience.  i had intended to organize on college campuses.

The police, the prosecutor and many others, including the white press, misused me to disrupt, disgrace and discredit the 'Gary Manpower Program', and, in the process, make New Afrikan people look bad. The Comprehensive Training and Employment Act (C.F.T.A.) funds were used to help support this program that employed thousands of poor people in the city.  The white racist supremacists were extremely jealous and envious, because the bulk of C.E.T.A. funds, amounting to millions of dollars, went to Gary and other New Afrikan urban areas instead of Crown Point; Merrillivelle; Hammond; Portage, and the like, which are predominantly white (Euro - Amerikkkan).  Although C.E.T.A. was being phased out in 1981, by the Ronald Reagan Administration, the adverse racist publicity following my arrest speeded up the process. The bottom line is that, i'm being used as a sacrificial lamb to burn at the alter of Moloch. The police, the prosecutor and those in their political circle, are accusing me for the things they are doing !

Moloch (Molech) was a Hebrew Semitic mythical fire god with the head of a calf or cow, and its hands stretched forth like a man to receive something. Fire is kindled in its hands and a child was put there to burn as a human sacrifice.

My hands are tied, my feet are without foundation and my voice cannot be heard.
O'Lord, My God! is there no help under the heavens and throughout the earth for the widow's son?

This means that i am without a father or leader to defend, protect and look out for me. In one word: HELP!

There was no pre-trial identification of me in this case.  Later on the prosecutor admitted in writing that there was no pre-trial identification procedure utilized with respect to me in connection with the August 11, 1981 armed robbery at Gary National Bank!

A paraffin gunshot residue (GSR) test performed on my hands by police shortly after my arrest showed that i hadn't fired a gun.
The prosecutor failed to disclose this exculpatory evidence to my trial defense counsel, And they never informed the grand jury of this Suppressed exculpatory evidence,
On May 25, 1982 I was sentenced to the penalty of death.

On May 27, 1993, the State Supreme Court of Indiana reversed the judgment of the post-conviction court,
they remanded the case with instructions to set aside the sentence of death and to grant post-conviction relief in the form of new jury and judge sentencing hearings,
or in the absence of such new hearings, the imposition of a sentence of years.

i was convicted in court for unarmed robbery class C felony murder. There is no such law or statute on the books in Indiana.
i was convicted of a non-existent crime! It appears that somebody is trying to keep this information out of the
news media because they don't want
the public to know about it.

On February 12, 1996, the jury selection process started for my retrial on the sentence only.
The trial judge had me shackled during the trial in the presence of the all-White jury on February 20, the jury went out to deliberate.
The judge improperly influenced them against me. The court bailiff spoke to the jurors in the deliberation room on the orders of the judge

and said they should be ready to be asked individually to state that their verdict is death.
They were then called back into the court room, I was fortunate to find out about this ex parte communication and the foreman of the jury
 gave a sworn affidavit confirming it. The jury were allowed to consume alcohol during the trial...
Afrikan people were Systematically excluded from selection; whole selections of Fort Wayne, where non-whites lived, were nixed.
The director of Allen County Court and the prosecutor, among others, blamed the problem on a computer glitch,
but racial discrimination is an integral part of the political process and it is very unlikely that this is a coincidence.

On March 18, 1996, the judge accepted the jury's recommendation and sentenced me to the death penalty again.  My appeal process starts all over.
 My legal defense has been mishandled by court-appointed lawyers for 16 years.  I am poor and without the necessary means to buy justice.  
An Uncle Tom attorney by the name of Isaiah Skip Cant committed

despicable treachery against me.  Skip Cant contacted me in the summer of 1991 by letter, he said that he had heard about my case and wanted to help.
Skip Gant assured me that he would serve as my so-called  "elbow counsel," overseeing my legal defense. He told me that he would be my eyes, ears and legs.
He told me that it wouldn't cost me a thing, but we would have to work with the local attorneys in Indiana.  Mrs. Michelle M. Fennesy-Kraus and
Mr. Kevin L. Likes represented me at the retrial on the sentence. i had previously fired another attorney named Randall J. Hammond off my case.
Mr. Likes took Hammond's place. Mr. Gant eventually was appointed to my legal defense as a public defender, so he could get paid.

Skip Gant did not try the case, and he did not speak up for me. Skip Gant acted in the capacity of an advisor. 
i asked Skip Gant if he was going to expose the racism of the prosecution against me. He said, "maybe." He also said that he was
not going to raise anything for my defense that was not in the courts' rules of evidence.  His minute impute on my legal defense team was self-serving.
He was more interested in making contacts and connects with other lawyers in Indiana to advance his prestige and influence.
Skip Gant used treachery, deceit and deception to win my confidence and to control me for the other defense layers who happened to be white. 
i did not become aware of this ploy until it was too late! Isaiah Skip Gant from Nashville,
Tennessee is a primitive petit-bourgeoisie neo-colonialist bootlicking Uncle Tom.

i am not a common criminal. i am a conscious political prisoner of war and a target in an insane political climate rampant with racism,
reaction and corruption. i do not need anybody to march in the streets for me carrying picket signs like Mumia Abu Jamal. i need help in the area of publicity.
i have a lot of dignity and self-esteem. i can reach more people via the media, than by writing one letter at a time.
No decision or ruling has been made on my new appeal currently pending in the Indiana Supreme Court. It has been filed in court since May 1, 1997.
i am hopeful and optimistic for a positive outcome in my favor.

For more information please contact Atty. Michael E. Deutsch, People's Law Office, 1180 N. Milwaukee, Chicago, IL 60622. Tel. No's 7(773)235-0070, (847)475-8378.

Thank you very much,

Bro. Zolo Agona Azania #4969
Indiana State Prison
P0 Box 41 Michigan City, .
IN 46361-0041

 


 Zolo Agona Azania  #4969    Indiana State Prison    PO Box 41    Michigan City, IN   46361-0041



www.zoloazania.org

Art by Zolo

The Law is for Everybody

Total Authoritarianism

The Protocol For Lethal Injection In Indiana

Untold Terror in United States Must Cease

Statement From African American Exiles Living In Canada


Zola's Letter To Judge Shepard

News Articles about Zolo Agona Azania


www.zoloazania.org

"Freedom is not a commodity which is given to the enslaved upon demand.
It is a precious reward, the shiny trophy of struggle and sacrifice."

                                                                           - Dr. Kwame Nkrumah


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