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the City Council meeting of June 26th, two related Resolutions were
discussed on issues that hit a raw nerve with many. They were Councilman
Bill Perkins' extremely important Resolution 12-A, "urging the Governor
and State Legislature to place a moratorium on all executions until the
application of capital punishment in New York is investigated and issues
of fairness, justice, equality, due process and cost are addressed," and
Councilman Charles Barron's Resolution calling for amnesty for political
prisoners.
THE DEATH PENALTY
Councilwoman
Yvette Clarke, Chair of the Criminal Justice Committee, to which
Resolution 12-A was assigned for consideration, began by giving her
committee's findings: the death penalty in New York is applied with
racial and economic bias, and innocent people have been sentenced to
die. "Prudence demands that Governor Pataki pause executions until a
review of the system can be concluded. In response to the glaring flaws
in the administration of capital punishment, the nation should conduct a
thorough, nationwide review of the death penalty. No executions should
go forward until the State and Federal administration creates an
independent, Blue Ribbon Commission examining the system of capital
punishment--systems so riddled with errors that for every eight people
executed in the modern death penalty era, one person on death row has
been found innocent."
Councilmen Oliver Koppell and Al Vann, two veteran members of the
State Legislature, each spoke with pride of having voted against the
death penalty for 20 years and 27 years respectively in the Legislature.
Koppell said that it is particularly appropriate to have a moratorium on
the death penalty in light of the very recent reexamination of the death
penalty by the Supreme Court "which held that many state laws are in
fact unconstitutional because they provide the execution of those with
mental disabilities."
Stated Vann, "We all know the death penalty does not deter murder,
and that there is racism in the system. Most significantly, our system
is imperfect. Imperfection in other venues perhaps can be reversed, but
imperfection as it relates to the death penalty, where one may be killed
unjustifiably, there is no reversal."
The Resolution's sponsor, Councilman Perkins stated, "With more than
100 innocent Americans sentenced to death since 1973, a moratorium on
executions is both timely and necessary, and we hope that the Governor
will take this Resolution to heart and do the right thing."
Others, however, came out strongly against the Resolution. One Member
said she didn't think it was right that the City Council advocate for
things that aren't in its jurisdiction, while another stated that even
though he knows the current system in far from perfect, he still
believes it does provide a measure of justice. Another Councilman spoke
of his own family having experienced a crime punishable by death, and
how glad they were that the death penalty was an option.
Despite this, when the votes were counted, the Resolution passed 39
to 13 with no abstentions.
POLITICAL
PRISONERS
Soon,
however, controversy reached new heights when Councilman Charles Barron
rose to speak of his really quite moderate Resolution calling for
amnesty for political prisoners.
He pointed out that the City Council has a history of supporting
political prisoners. It passed a Resolution in support of a member of
the Irish Republican Army, as well as in favor of Puerto Rico's FALN.
"It is time," said Barron, "for us to look at Black political prisoners
from 30 years ago and realize that COINTELPRO was proven to have
manufactured evidence and persons perjured themselves to get radicals in
Black organizations arrested. It is time that we get a hearing on that,
for there are political prisoners languishing in America's prisons for
over 30 years."
He spoke of one political prisoner in particular, Anthony Jalil
Bottom, who was, on very spotty evidence, convicted of killing police
officers 30 years ago. Even the children of one of the officers support
his parole, and stated Barron, "If they can do it, then we should at
least give it a hearing."
Several
members rose in favor of the Resolution, such as James Sanders who made
the point that these prisoners are, by now, in their 60s, offer no
threat to the country, and, that "the real issue is justice. If they had
been convicted and politics had not played a role, they would have been
released already. They've served much more than the average amount of
time for people who have done similar things."
But overwhelmingly, the comments--all made by white Council Members,
mostly male--were vehemently opposed, and expressed in such a manner
that at times one could wonder whether they'd taken leave of their
senses. Variously, Council Members said they were "offended and
insulted," "appalled and disgusted" that this Resolution was even being
entertained in the City Council. All political prisoners were painted as
ruthless "cop killers, assassins," and "cowardly revolutionaries who
used the backs of random police officers for target practice." One said
that he hoped and prayed "that those treacherous murderers never get to
walk these streets again." References were made comparing the political
prisoners to Hitler and bin Ladin.
As the discussion went on, there were those who even implied that
Barron didn't have the right to have raised the issue of amnesty for
political prisoners at all, and some questioned Barron's patriotism as
an American citizen, calling him "a supporter of domestic terrorism."
Fortunately,
there were persons such as Councilmen Larry Seabrook and Allan Jennings
who just as fiercely defended Councilman Barron's First Amendment
rights, vehemently condemning the attempt to silence him. Said Seabrook,
"We have a right to disagree, to vote no, but we should never ever
talk about suppressing a person's First Amendment right." And Jennings
stated hotly, "How dare any member of this body condemn another
for speaking his mind for what his constituents sent him here to do! Any
one of you has the right to say anything and not one of us has a right
to shut you up!"
And
a very welcome voice of reason came from Eric Gioia as well, who said,
"Growing up I wanted to become a lawyer because I believed that the law
is the great equalizer, literally David's slingshot against Goliath, a
place that poor people, people who don't have a way to protect
themselves, can go and defend themselves against people who are much
bigger, have more money and are more powerful. However, being a student
of history and of American jurisprudence, I'll say that unfortunately in
our history our legal system has not always been right. A guilty verdict
has not always been tantamount to guilt. And I'll also defend all of my
colleagues' rights to speak their minds. I think it was Bobby Kennedy
who said 'I love my country, but that does not mean I can't criticize
it.' And I will defend all of my colleagues who do so."
The
final word was given to Councilman Kendall Stewart who said, "I feel
that we are unjustly characterizing Councilman Barron. I feel we should
look at the Resolution again and really examine the words and what they
say, and if you're for fairness, justice, and equality you will want to
support this Resolution."
Let us hope that this will be the final outcome of this contentious
debate.
Donna Lamb can be reached at
dlamb@gis.net.