JUSTICE AMERICAN STYLE

Zolo Agona Azania

AN EX-OFFENDER AND TIRELESS ACTIVIST on behalf of the downtrodden, Zolo Agona Azania (aka Rufus Averhart) was a marked man. On August 11, 1981, on his way to the grocery store, Azania was stopped by police, handcuffed, pistol-whipped, and arrested without warrant or explanation. The next day the prosecutor filed death penalty charges for the murder of a Gary, Indiana police officer during a bank robbery. Azania was not advised of his rights nor read an arrest warrant of any kind. There was no preliminary hearing, no pre-trial identification, no evidence presented for probable cause for arrest.

Instead, he was held incommunicado at the country jail for nine days. On the tenth day, the prosecutor (Lake County, Indiana) secured a Grand Jury indictment based on false and misleading evidence. A paraffin gunshot residue (GSR) test performed on Azania's hands by police shortly after his arrest, showed that he hadn't fired a gun. This exculpatory evidence was never disclosed by the prosecutor to his defense counsel, nor was the grand jury informed of it, nor was Azania able to even prove that the test existed until four years after being found guilty. On the thirteenth day the prosecutor secured an arrest warrant based on the grand jury indictment. Azania was framed on trumped-up charges, tried by an all-white jury, and sentenced on May 25, 1982, to electrocution in the Indiana chair. His conviction was for "unarmed robbery class C felony murder"-a non-existent crime. There is no such law or statute on the books in Indiana! Two other men convicted of the same murder were given prison sentences.

On May 27, 1993, the State Supreme Court of Indiana found that the police and trial prosecutors committed a Brady violation in hiding the GSR test and that his trial attorney, David R. Schneider, was ineffective during the penalty phase. The Court reversed judgment of the post-conviction court and 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 for sentencing, or to impose a sentence of years.

Zolo Agona Azania should be set free. Please write or call Governor Bayh on Zolo Agona Azania's behalf, demanding that he be unharmed and granted immediate release from imprisonment. Refer to Case Number CR-81-401. Please send copies of your letters to Brother Zolo Agona Azania, #4969 at Indiana State Prison, P.O. Box 41, Michigan City, IN 46361-0041.

Mr. Evan Bayh, Governor State House, Room 206 Indianapolis, Indiana 46204 / (317) 232-4567

For more information please contact Zolo's attorneys: Mr. Isaiah Skip Gant, Esq. 222 Second Ave., Ste. 415, Nashville, TN 37201 (614) 259-0072

Ms. Michelle A. Simmons, Esq., Attorney at LAW 119 1/2 West Maumee Street Angola, IN 46703 / (219) 665-977

Lorenzo Stone-Bey

Lorenzo Stone-Bey was arrested when he was 17. The arresting officer, the trial judge, and the Attorney General of Indiana each admit that his arrest was illegal, without probable cause or an arrest warrant. That didn't matter in Indiana's criminal justice.

He was arrested on February 25, 1976. The affidavit for probable cause for his arrest was not filed until March 1, 1976. The arrest warrant was not served until April 1, 1976. They didn't have a case against him, so he was detained, hidden from his family, deprived of his juvenile rights, so they could create one. The arresting officer told the Grand Jury hearing on March 29, 1976, that Lorenzo was 17. Yet at his trial in October 1976, the same officer claimed he thought Lorenzo was 19. This is out and out perjury!

When Lorenzo was placed in a lineup on February 25 and 26, 1976, he was the only one required to wear an orange jacket similar to the one worn by one of the robbers. Two days earlier, on February 23, 1976, witness John Means had identified a co-defendant as one of the robbers. When he saw Lorenzo wearing the orange jacket in the lineup, he changed his identification to him. Another tactic was having county sheriffs handcuff Lorenzo in court, in full view of the jury, inflaming and prejudicing them.

With three co-defendants, Lorenzo was convicted on two counts of first degree murder. Co-defendant, Elliot James was identified by two witnesses as the person who initiated the robbery at Mona's Bar in Gary, Indiana. They said he pointed a gun in their faces, announced a stick-up, and made them get on the floor. At this point, Lorenzo was trapped in the back of the place talking with a friend of his stepfather. By the time he got up front, the shooting was over and Eliot James had fled.

At his guilty plea hearing, the State of Indiana allowed James to change his statements several times, giving him a sentence of 15-25 years in exchange for turning state's evidence. He admitted in court that he pled guilty to save his own neck and avoid a life sentence, that Gary police had threatened his life if he didn't, and that police and prosecutors falsified his statements to implicate Lorenzo and the other co-defendants. When called to testify against Lorenzo, James refused. The State then declared him a hostile witness and read into evidence his entire guilty proceedings.

Police did not have fingerprints from the gun nor test for powder burns on Lorenzo. The medical examiner reported a .32 caliber weapon in the right hand of the murder victim and a .22 caliber weapon lying by his left knee. The .22 caliber gun came up missing, was never found or produced at trial, was never accounted for. Lorenzo's attorney should have objected to any evidence or testimony concerning the lost gun since the state was not able to produce it. What happened to it? Nowhere in the indictment, the probable-cause affidavit, the Grand Jury testimony, the medical examiner's report, and the trial testimony does it state what sort of weapon or caliber or bullet was involved in the shooting. The prosecutor admitted at the Grand Jury hearing that they did not know who fired the fatal shot.

The victim's brother was a State Senator at the time and is now County Commissioner and Chairman of the Democratic Party in Gary, Indiana. One of the jurors, Herman McKissack, was his insurance agent. Another juror, Christian Kartokrax, was a Cedar Lake police officer. Did the police destroy the actual murder weapon and the facts about it because they had to get a conviction fast-or had to cover up the identity of the real murderer? The strange gaps in the evidence, the inconsistent testimony of witnesses and defendants, the missing gun, the absence of fingerprints and tests for powder burns-all point to the desire to get a quick conviction, not to seek the truth or secure justice.

Lorenzo's trial attorney, on the other hand, failed to investigate the case, did not prepare a defense, did not disclose to the jury the inconsistent testimony of witness John Means or the perjury of the arresting officer, and waived opening and closing statements to the jury. Where did this attorney come from? Lorenzo's stepfather hired him! Is it a coincidence that the step father was dating the owner of the place that was robbed? Was Lorenzo in a no-win situation from the start?

The Federal District Court denied Lorenzo's writ of habeas corpus on February 23, 1995, but felt compelled to state, "This court . . . must confess that this case is a very close call. . . . the record here tilts ever so slightly against this Petitioner." Lorenzo is filing an appeal to the Seventh Circuit Court of Appeals in Chicago. He is now in the 20th year of the life sentence he received.

-LORENZO STONE-BEY, 10006, P.O. Box 41 / D-239, Michigan City, IN 46360-0041

Anne Louise "Snooky" Apodaca

ANNE LOUISE "SNOOKY" APODACA has suffered a lifetime of violence and abuse, first from her mother, then from her husband. In the '90s, awareness of the pattern of violence toward women in this nation resulted in Title IV, "Violence Against Women Act of 1994," incorporated in the 1994 Federal Crime Bill. For many women, including "Snooky" Apodaca, it came too late to help. Anne Louise Apodaca is presently incarcerated at the Western New Mexico Women's Correctional Facility in Grants, New Mexico, serving a Life sentence, plus nine years, for the murder of her husband, Edward Apodaca on the night of April 17, 1990.

Edward Apodaca's attacks on Snooky included rape, beatings-even in public- ripping her clothing, dehumanizing verbal assaults, lewd sexual innuendoes, racist remarks, and death threats. Sometimes Edward abandoned her in the city or on back roads or out of town, with little or no clothing, sometimes first awakening her in the middle of the night and dragging her out to the car. Snooky lived in constant fear, sometimes seeking refuge with family, friends, and eventually even with her estranged mother, a woman with a long history of mental illness, including violence against Snooky. At the time of his murder, Edward Apodaca was under investigation by the Colorado Bureau of Investigation for the kidnapping, rape, and possible murder of a young girl from Clear Creek County, Colorado.

Snooky felt powerless to permanently remove herself from the situation. Whenever she left him, Edward would stalk and harass her, call repeatedly, bang on her windows at night, and keep his presence in her life continually felt.

On the day Edward Apodaca was killed, Snooky's mother, Frizelle "Fritz" Aguilar, allegedly went alone to Edward's home to negotiate a divorce for Snooky. Snooky remained at Fritz's home, mentally, emotionally, and physically exhausted. According to statements admitted into evidence in court, she slept through the night. Fritz Aguilar has insisted on Snooky's innocence in the murder. Beyond that, the story told by Frizelle Aguilar has not remained consistent.

Snooky was convicted of first degree murder, along with conspiracy charges. Evidence presented at her trial (and at the trial of her mother) shows that she did not kill her husband. The purpose of the trial was to show that she sought to have that murder committed. The person who actually committed the murder has never been identified as Snooky.

According to psychological studies done on her, Snooky has no tendencies toward violence and no signs of mental illness beyond the stress of a battered woman. She is not a threat to society nor to others around her. She should be granted a pardon/executive clemency in all matters connected with the death of Edward Apodaca.

Anne Louise is petitioning Executive Clemency and/or Pardon based upon circumstances and information discovered since her trial in 1992. Please mail your letters and petitions to Governor Gary Johnson, State Capital Room 400, Santa Fe, NM 87503

For more information, call H.L. "Bud" Riley, Snooky's father, at 505-266-2565 or Sandra Bertoch, 505-899-0287

KHALFANI KHALDUN

IN DECEMBER 8, 1994, Ajamu Nassor/Gregory Resnover was executed by the state of Indiana. In retaliation for Resnover's execution, a prison guard, Phillip Curry was stabbed to death on December 13, 1994, at the Indiana State Prison in Michigan City. Prisoner Khalfani Khaldun/Leonard McQuay was arrested in connection with the guard's execution. Khalfani Khaldun explains his case as follows. I killed no one, yet, due to my politics and/or struggles, and because they had no perpetrator, I was chosen to be set up. I am innocent. These people have manufactured evidence against me because I have been a small thorn in the side of the racist investigation crew at Michigan City for the past 3 1/2 years. Why? Because the political development classes/self-determination classes that I was instrumental in establishing had begun to expand.

Shortly after I was transferred to MCC, the guards union picketed the prison for about one week, requesting more protection for the guards and asking that they charge someone for the murder. From 12/13/94 to 1/31/95, I remained under investigation. This pressure from the neighboring communities and the murdered officer's families, forced them to do a rush job and charge me on January 31 for the murder of that officer. Not only is the evidence circumstantial, but they have made deals with two Indiana State Prison offenders to claim I was seen on the range where the murder allegedly happened. These prisoners now refuse to testify. No one says they saw me commit said crime.

My people have formed the Khalfani Khaldun Defense Fund, P.O. Box 1513, Gary, Indiana, 46402. If you can be a supporter, help financially, or send stamps, envelopes, tablets of paper, pens, or contribute ideas, please contact them.

A letter requesting a new investigation can be sent to the Honorable Judge Steven King Laporte, Superior Court, No. 2, Court House, Michigan City, IN 46360. Meanwhile, my collected essays should be published as a pamphlet and put on the market. If anyone can type, photocopy, edit and arrange distribution, please let us know.

Send letters of support to Khalfani Khaldun/Leonard McQuay, 874304, MCC, P.O. Box 557, Westville, IN 46391-0557.

AN OPEN LETTER TO THE COMMUNITY

In the fall of 1994 , I implored many talk show hosts to share with their TV viewers the plight of death-row inmate Gregory Resnover/Ajamu Nassor. I hoped to get some attention on the execution of my brother and get it stopped. His date with death was set for December 8, 1994. That date has come and gone, and unfortunately my brother kept his unholy appointment. He was put to death via the electric chair by the State of Indiana, former capitol of the KKK.

He was convicted of killing Sgt. Jack Ohrberg, yet no evidence whatsoever pointed to Greg as the trigger man. The allegations against my brother were fabricated in the Attorney General's office. He went almost immediately to death row.

The poor, uninfluential, minority groups are getting short-changed in our so-called "justice system," especially by those who pretend there is no race problem at all. It's hard to get the truth out when the families of Dan Quayle and Stephen Goldsmith own the Indianapolis Star and News. A while back he filed two lawsuits against the city and won! He was revealing what was going on in the city; the big shots downtown didn't like it.

But a few years back, a middle-aged, influential, white school teacher, loved by his church peers, admittedly shot and killed a police officer in the back while the officer fled. This school teacher was sentenced to seven years in prison, recently spent Christmas with his family, received some monetary compensation from the state-and a job! What sense does that make?

We feel as if our hands are tied and they can come into our homes and snatch up our children if they want to. Many do not speak out because they feel we are fighting a losing battle. They think they are the only ones going through this. I say, "Stand up and cry loud. Go the distance. You're not the only one. There are plenty of people out there who care." People are scared and need someone to motivate them to action. My brother's death surely motivates me. And our forefathers have paved the way for us to be more bold, proud and overcoming.

Wake up! Time is of the essence. Our communities must unite for change. Write or call talk-show hosts and producers to request my brother's lawyers to appear on TV and inform viewers of the one of the highest levels of conspired racism in the U.S. Ask them to reserve a spot for others experiencing the same injustice. We have documented proof that the poor, uninfluential and minority groups are getting short-changed on every hand, specially by those who pretend there is no race problem at all. Protest the planned execution of Tommy Smith/Ziyon Yisrayah, who will soon be put on the butcher's block. We must prevent this from happening.

Contact Paula Resnover-Terry

P.O. Box 191, Indianapolis, IN 46206-0191

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