Assata Olugbala Shakur (born July 16, 1947 as
JoAnne Deborah Byron,
married nameA married name is the family name adopted by a person upon marriage, and in speaking of the many cultures where the practice is traditional for women, the maiden name is the family name that the married name replaces....
Chesimard) is an African-American activist and escaped convict who was a member of the
Black Panther PartyThe Black Panther Party was an African-American revolutionary organization established to promote Black Power, and by extension self-defense for blacks. It was active in the United States from the mid-1960s into the 1970s...
(BPP) and
Black Liberation ArmyThe Black Liberation Army was an underground, black nationalist-Marxist militant organization that operated in the United States from 1970 to 1981...
(BLA). Between 1971 and 1973, Shakur was accused of several crimes, of which she would never be convicted, and made the subject of a multi-state manhunt.
In May 1973, Shakur was involved in a shootout on the
New Jersey TurnpikeThe New Jersey Turnpike is a toll road in New Jersey and is one of the most heavily traveled highways in the United States...
, during which
New Jersey State TrooperThe New Jersey State Police is the state police force for the state of New Jersey. It is a general-powers police agency with state wide jurisdiction, designated by Troop Sectors...
Werner Foerster and BLA member Zayd Malik Shakur were killed and Shakur and Trooper James Harper were wounded. Between 1973 and 1977, Shakur was
indictedIn the common law legal system, an indictment is a formal accusation that a person has committed a criminal offence. In those jurisdictions which retain the concept of a felony, the serious criminal offence would be a felony; those jurisdictions which have abolished the concept of a felony often...
in relation to six other alleged criminal incidents—charged with murder,
attempted murderAttempted murder is a crime in some jurisdictions.-Today:In English criminal law, attempted murder is the crime of more than merely preparing to commit unlawful homicide and at the same time having a specific intention to cause the death of human being under the Queen's Peace...
,
armed robberyRobbery is the crime of seizing property through violence or intimidation. At common law, robbery is defined as taking the property of another, with the intent to permanently deprive the person of that property, by means of force or fear. Precise definitions of the offence may vary between...
,
bank robberyBank robbery is the crime of stealing from a bank. According to the Federal Bureau of Investigation's Uniform Crime Reporting Program, robbery is, "the taking or attempting to take anything of value from the care, custody, or control of a person or persons by force or threat of force or violence...
, and
kidnappingIn criminal law, kidnapping is the taking away or asportation of a person against the person's will, usually to hold the person in false imprisonment, a confinement without legal authority...
—resulting in three
acquittalIn the common law tradition, an acquittal formally certifies the innocence of the accused, as far as the criminal law is concerned. This is so even where the prosecution is abandoned nolle prosequi...
s and three dismissals. In 1977, she was convicted of the first-degree murder of Foerster and of seven other felonies related to the shootout.
Shakur was then incarcerated in several prisons, where her treatment drew criticism from some human rights groups. She escaped from prison in 1979 and has been living in Cuba under political asylum since 1984. Since May 2, 2005, the
Federal Bureau of InvestigationThe Federal Bureau of Investigation is an agency of the United States Department of Justice that serves as both a federal criminal investigative body and an internal intelligence agency. The FBI has investigative jurisdiction over violations of more than 200 categories of federal crime...
(FBI) has classified her as a "
domestic terroristIn the United States, acts of domestic terrorism are generally considered to be uncommon. According to the FBI, however, between the years of 1980 and 2000, 250 of the 335 incidents confirmed as or suspected to be terrorist acts in the United States were carried out by American...
" and offered a $1 million reward for assistance in her capture. Attempts to
extraditeExtradition is the official process whereby one nation or state requests and obtains from another nation or state the surrender of a suspected or convicted criminal. Between nation states, extradition is regulated by treaties...
her have resulted in letters to the
PopeThe pope is the Bishop of Rome and, as such, is leader of the worldwide Catholic Church...
and a
Congressional resolutionThe United States Congress is the bicameral legislature of the federal government of the United States of America, consisting of two houses, the Senate and the House of Representatives. Both senators and representatives are chosen through direct election....
. Shakur is the step-aunt of the deceased
hip hopHip hop music is a musical genre which developed alongside hip hop culture, and is commonly based on concepts of loop, rapping, freestyle, DJing, scratching, sampling and beatboxing. The music is used to express concerns of political, social, and personal issues...
artist
Tupac ShakurTupac Amaru Shakur , also known by his stage names 2Pac and Makaveli, was an American rapper. He has sold 75 million albums to date and is one of the best-selling music artists in the world. In addition to his status as a top-selling recording artist, Shakur was a promising actor and a social...
(the sister of his stepfather,
Mutulu ShakurMutulu Shakur was a proponent of the Republic of New Afrika and a close friend of Geronimo Pratt....
). Her life has been portrayed in literature, film, and song.
Early life
Shakur was born in
Jamaica, QueensJamaica is a neighborhood in the borough of Queens in New York City, New York, United States. It was settled under Dutch rule in 1656 in New Netherland as Rustdorp. Under British rule, the Village of Jamaica became the center of the Town of Jamaica...
, New York City on July 16, 1947, where she lived for three years with her parents and grandparents, Lula and Frank Hill. After her parents divorced in 1950, she spent most of her childhood in
Wilmington, North CarolinaWilmington is a city in and the county seat of New Hanover County, North Carolina, United States. The population was 75,838 at the 2000 Census. A July 1, 2008 United States Census Bureau estimate places the population at 100,192...
with her grandmother until her family relocated to Queens when she was a teenager. For a time, she ran away from home and lived with strangers until she was taken in by her aunt, Evelyn Williams, later her lawyer. She
dropped outDropping out means leaving a group for either practical reasons, necessities or disillusionment with the system from which the individual in question leaves. It is used in various contexts, including:...
of high school, but later—with her aunt's help—earned a general equivalency diploma (GED). She attended
Borough of Manhattan Community CollegeFounded in 1963, Borough of Manhattan Community College, or BMCC is one of six two-year colleges within the City University of New York system and the only one in Manhattan. Originally, BMCC offered business-oriented and liberal arts degrees for those intending to enter the business world or...
and then the
City College of New YorkThe City College of the City University of New York is a senior college of the City University of New York , in New York City. It is also the oldest of the City University's twenty-three institutions of higher learning...
(CCNY) in the mid 1960s, where she was involved in many political activities, protests, and sit-ins.
Shakur was arrested for the first time in 1967 (along with 100 other Manhattan Community College students) on charges of
trespassTrespass is a legal concept, which refers to intrusion into another person's property. Trespass to land is a type of trespass, which can cause criminal or a tort liability...
ing, after the students chained and locked the entrance to a college building, protesting what they alleged to be a curriculum deficient in
Black StudiesIn United States education, Africana studies, or Africology is the study of the histories, politics and cultures of peoples of African origin both in Africa and in the African diaspora. It is thus the sum of the fields of African studies and African diaspora studies...
and a lack of black faculty. She married Louis Chesimard, a fellow student-activist at CCNY, in April 1967 and divorced him in December 1970. Shakur devotes only one paragraph of her autobiography to her marriage, attributing its termination to disagreements related to gender roles.
After graduation from CCNY at the age of 23, Shakur became involved in the Black Panther Party (BPP), eventually becoming a leading member of the
HarlemHarlem is a neighborhood in the New York City borough of Manhattan, long known as a major African-American residential, cultural, and business center. Originally a Dutch village, formally organized in 1658, it is named after the city of Haarlem in the Netherlands.Harlem has been defined by a series...
branch. Prior to joining the BPP, Shakur had met several of its members on a 1970 trip to
Oakland, CaliforniaOakland is the eighth-largest city in the U.S. state of California and a major West Coast port city, located on San Francisco Bay about eight miles east of the City of San Francisco. Oakland is a major hub city for the Bay Area subregion collectively called the East Bay, and it is the county seat...
. One of Shakur's main activities with the Panthers was coordinating a school breakfast program; however, that same year she left the Party to join the Black Liberation Army (BLA), and she changed her name to Assata Shakur. In 1971, Shakur also joined the
Republic of New AfrikaThe Republic of New Afrika was a social movement organization that proposed three objectives. First, the creation of an independent Black-majority country situated in the southeastern region of the United States. The vision for this country was first promulgated on March 31, 1968, at a Black...
. Shakur complained about the macho behavior of male members of these organizations, but did not go as far as other female Panthers like Regina Jennings who left the organization over
sexual harassmentSexual harassment is intimidation, bullying or coercion of a sexual nature, or the unwelcome or inappropriate promise of rewards in exchange for sexual favors. In some contexts or circumstances, sexual harassment may be illegal. It includes a range of behavior from seemingly mild transgressions and...
. Instead, Shakur's main criticism of the Black Panther Party was its alleged lack of focus on
black historyThe African Diaspora was the movement of Africans and their descendants to places throughout the world - predominantly to the Americas, then later to Europe, the Middle East and other places around the globe....
:
- "The basic problem stemmed from the fact that the BPP had no systematic approach to political education. They were reading the Red Book
Quotations from Chairman Mao Zedong , better known in the West as The Little Red Book, was published by the Government of the People's Republic of China from April 1964 until approximately 1976. As its title implies, it is a collection of quotations excerpted from Mao Zedong's past speeches and...
but didn't know who Harriet TubmanHarriet Tubman was an African-American abolitionist, humanitarian, and Union spy during the American Civil War. After escaping from slavery, into which she was born, she made thirteen missions to rescue over seventy slaves using the network of antislavery activists and safe houses known as the...
, Marcus GarveyMarcus Mosiah Garvey, Jr., ONH , was a publisher, journalist, entrepreneur, Black Nationalist, Pan-Africanist, and orator...
, and Nat TurnerNat Turner was an American slave who led a slave rebellion that resulted in 55 deaths, the largest number of fatalities to occur in one uprising in the antebellum southern United States. He gathered supporters in Southampton County, Virginia...
were. They talked about intercommunalism but still really believed that the Civil WarThe American Civil War , also known as the War Between the States and several other names, was a civil war in the United States of America. Eleven Southern slave states declared their secession from the United States and formed the Confederate States of America...
was fought to free the slaves. A whole lot of them barely understood any kind of history, Black, African or otherwise. [...] That was the main reason many Party members, in my opinion, underestimated the need to unite with other Black organizations and to struggle around various community issues."
Allegations and manhunt
On April 6, 1971, Shakur was shot in the stomach during a struggle with a guest at the
Statler Hilton HotelThe Hotel Pennsylvania is a hotel located at 401 7th Avenue in Manhattan, across the street from Pennsylvania Station and Madison Square Garden in New York City.- History :...
in
Midtown ManhattanMidtown Manhattan, or simply Midtown, is an area of Manhattan, New York City home to world-famous commercial zones such as Rockefeller Center, Broadway, and Times Square...
and was arrested on a string of charges. According to police, Shakur knocked on the door of a room occupied by an out-of-town guest and asked "Is there a party going on here?" to which the occupant responded in the negative. Shakur then allegedly displayed a revolver and a struggle ensued, during which she was shot. She was booked on charges of attempted robbery,
feloniousA felony is a serious crime in the United States and previously other common law countries. The term originates from English common law where felonies were originally crimes which involved the confiscation of a convicted person's land and goods; other crimes were called misdemeanors...
assaultAssault is a crime of violence against another person. In some jurisdictions, including Australia and New Zealand, assault refers to an act that causes another to apprehend immediate and personal violence, while in other jurisdictions, such as the United States, assault may refer only to the threat...
,
reckless endangermentIn US law, endangerment comprises several types of crimes involving conduct that is wrongful and reckless or wanton, and likely to produce death or grievous bodily harm to another person....
, and possession of a deadly weapon, then released on
bailTraditionally, bail is some form of property deposited or pledged to a court to persuade it to release a suspect from jail, on the understanding that the suspect will return for trial or forfeit the bail...
.
Following an August 23, 1971 bank robbery in Queens, Shakur was sought for questioning, and a photograph of a woman (who was later alleged to be Shakur) with thick rimmed black glasses, a high hairdo pulled tightly over her head, and a steadily pointed gun became ubiquitous in banks and full page print ads paid for by the New York Clearing House Association. On December 21, 1971, Shakur was named as one of four suspects by New York City police in a hand grenade attack that destroyed a police car and slightly injured two patrolmen in
Maspeth, QueensMaspeth is a small community in the borough of Queens in New York City. Neighborhoods sharing borders with Maspeth are Woodside and Sunnyside to the north, Long Island City to the northwest, Greenpoint to the west, East Williamsburg to the southwest, Fresh Pond and Ridgewood to the south, and...
; a 13 state alarm was issued three days after the attack when a witness identified Shakur and Andrew Jackson from FBI photographs. Atlanta law enforcement officials said that Shakur and Jackson had lived together for several months in
Atlanta, GeorgiaAtlanta is the capital and most populous city in the state of Georgia, as well as the urban core of one of the fastest-growing metropolitan areas in the United States....
in the summer of 1971.
Shakur was one of those wanted for questioning for wounding a police officer attempting to serve a traffic summons in Brooklyn in January 26, 1972 . After a March 1, 1972 $89,000 Brooklyn bank robbery, a
Daily News headline asked: "Was that JoAnne?"; Shakur was also wanted for questioning after a further September 1, 1972 Bronx bank robbery.
Msgr.Monsignor, pl. monsignori, is the form of address for those members of the clergy of the Catholic Church holding certain ecclesiastical honorific titles. Monsignor is the apocopic form of the Italian monsignore, from the French mon seigneur, meaning "my lord"...
John Powis alleged that Shakur was involved in an armed robbery at his Our Lady of the Presentation church in
Brownsville, BrooklynBrownsville also known as Bville and Tha Ville is a low-income residential neighborhood located in eastern Brooklyn, New York. The neighborhood's motto is "Brownsville! Never ran, never will!"...
on September 14, 1972 based on FBI photographs.
In 1972, Shakur was the subject of a nationwide manhunt after the FBI alleged that she was the "revolutionary mother hen" of a Black Liberation Army cell that had conducted a "series of cold-blooded murders of
New York City police officersThe New York City Police Department , established in 1845, is currently the largest police force in the United States, with primary responsibilities in law enforcement and investigation within the five boroughs of New York City...
", including the "execution style murders" of New York Police Officers Joseph Piagentini and Waverly Jones on May 21, 1971 and Gregory Foster and Rocco Laurie on January 28, 1972. Shakur was alleged to have been directly involved with the Foster and Laurie murders, and involved with the Piagentini and Jones murders. Some sources go further, identifying Shakur as the
de facto leader and the "soul of the Black Liberation Army" after the arrest of cofounder
Dhoruba MooreDhoruba al-Mujahid bin Wahad is an American writer and activist, who is a former prisoner, Black Panther Party leader, and co-founder of the Black Liberation Army.-The shooting:...
. Robert Daley, Deputy Commissioner of the New York City Police, for example, described Shakur as "the final wanted fugitive, the soul of the gang, the mother hen who kept them together, kept them moving, kept them shooting".
As of February 17, 1972, when Shakur was identified as one of four BLA members on a short trip to
Chattanooga, TennesseeChattanooga is the fourth-largest city in Tennessee , and the seat of Hamilton County. Located in southeastern Tennessee on Chickamauga Lake and Nickajack Lake, which are both part of the Tennessee River, Chattanooga lies approximately 120 miles to the northwest of Atlanta, Georgia, about 135...
, Shakur was wanted for questioning (along with Robert Vickers, Twyman Meyers, Samuel Cooper, and Paul Stewart) in relation to police killings, a Queens bank robbery, and the grenade attack. Shakur was announced as one of six suspects
(pictured left) in the ambushing of four policemen—two in Jamaica, Queens, and two in Brooklyn—on January 28, 1973, despite the fact that the assailants were identified as male. By June 1973, the FBI's
Joint Terrorism Task ForceA Joint Terrorism Task Force is a partnership between the Federal Bureau of Investigation, other federal agencies A Joint Terrorism Task Force (JTTF) is a partnership between the Federal Bureau of Investigation, other federal agencies A Joint Terrorism Task Force (JTTF) is a partnership between...
was issuing near daily briefings on Shakur's status and the allegations against her. After her capture, however, Shakur was not charged with any of the crimes that had made her the subject of the manhunt.
Shakur and others claim that she was targeted by the FBI's
COINTELPROCOINTELPRO was a series of covert, and often illegal, projects conducted by the United States Federal Bureau of Investigation aimed at investigating and disrupting dissident political organizations within the United States...
as a result of her involvement with these organizations. Specifically, documentary evidence suggests that Shakur was targeted by an investigation named CHESROB, which "attempted to hook former New York Panther Joanne Chesimard (Assata Shakur) to virtually every bank robbery or violent crime involving a black woman on the East Coast". Although named after Shakur, CHESROB (like its predecessor, NEWKILL) was not limited to Shakur.
New Jersey Turnpike shootout
On May 2, 1973, at about 12:45 a.m., Assata Shakur, along with Zayd Malik Shakur (born James F. Costan) and
Sundiata AcoliSundiata Acoli is a former member of the Black Liberation Army currently incarcerated in White Deer, Pennsylvania. Acoli was convicted on May 2, 1973, along with the now-escaped Assata Shakur, of inciting a gun battle with New Jersey State Police during a traffic stop...
(born Clark Squire), was stopped on the New Jersey Turnpike in
East BrunswickThis article is about the township in New Jersey, for the suburb in Melbourne, Victoria see; Brunswick East, VictoriaEast Brunswick is a Township in Middlesex County, New Jersey on the southern shores of the Raritan River. According to the United States 2000 Census, the township population was...
by State Trooper James Harper, backed up by Trooper Werner Foerster in a second patrol vehicle (Car 820), for driving with a broken tail light. According to Col. David B. Kelly, the vehicle was also "slightly" exceeding the
speed limitA road speed limit is the maximum speed allowed by law for road vehicles. Speed limits are commonly set and enforced by the legislative bodies of nations or provincial governments, such as countries within the world....
. Recordings of Trooper Harper calling the dispatcher were played at the trials of both Acoli and Assata Shakur. After reporting his plans to stop the vehicle which he had been following, Harper can later be heard to say: "Hold on—two black males, one female." The stop occurred south of the Turnpike Authority administration building at exit 9, the headquarters of Troop D. Zayd Shakur was driving the two-door vehicle, Assata Shakur was seated in the right front seat, and Acoli was in the right rear seat. Trooper Harper asked the driver for identification, noticed a discrepancy, asked him to get out of the car, and questioned him at the rear of the vehicle.
It is at this point, with the questioning of Zayd Shakur, that the accounts of the confrontation begin to differ (see the witnesses section below). However, in the ensuing shootout, Trooper Foerster was shot twice in the head with his own gun and killed, Zayd Shakur was killed, and Assata Shakur and Trooper Harper were wounded.
According to the police account, at this point one or more of the suspects began firing with automatic handguns and Trooper Foerster fired four times before falling mortally wounded. At Acoli's trial, Harper testified that the shootout started "seconds" after Foerster arrived at the scene. At this trial, Harper said that Foerster reached into the vehicle, pulled out and held up an automatic pistol and ammunition clip, and said "Jim, look what I found," while facing Harper at the rear of the vehicle. At this point, Assata Shakur and Acoli were ordered to put their hands on their laps and not to move; Harper said that Assata Shakur then reached down to the right of her right leg, pulled out a pistol, and shot him in the shoulder, after which he retreated to behind his vehicle. Questioned by prosecutor C. Judson Hamlin, Harper said he saw Foerster shot just as Assata Shakur was felled by bullets from Harper's gun. Harper testified that Acoli shot Foerster with a .38 caliber automatic pistol and then used Foerster's own gun to "execute him". According to the testimony of State Police investigators, two jammed automatic pistols were discovered near Foerster's body.
Acoli then drove the car (a white
Pontiac LeMansThe Pontiac LeMans was a model name applied to compact and intermediate-sized automobiles offered by the Pontiac division of General Motors from 1962 to 1981. The LeMans was replaced by the downsized Pontiac Bonneville for the 1982 model year...
with
VermontThe State of Vermont is a state in the New England region of the northeastern United States of America. The state ranks 43rd by land area, , and 45th by total area. It has a population of 621,270, making it the second least-populated state...
license plates)—which contained Assata Shakur, who was wounded, and Zayd Shakur, who was dead or dying— down the road at milepost 78 across from Service Area 8-N (the Joyce Kilmer Service Area), where Assata Shakur was apprehended. The vehicle was chased by three patrol cars and the booths down the turnpike were alerted. Acoli then exited the car and—after being ordered to halt by Trooper Robert Palentchar (Car 817), the first on the scene—fled into the woods as Palentchar emptied his gun. According to Palentchar, Assata Shakur then walked towards him from away with her bloody arms raised in surrender. Acoli was captured after a 36-hour
manhuntIn law enforcement, a manhunt is a search for a dangerous fugitive involving the use of all available police units and technology and sometimes help from the public....
—involving 400 people, state police helicopters, and bloodhounds from the
Ocean County Sheriff's DepartmentOcean County is a county located along the Jersey Shore in the U.S. state of New Jersey. Its county seat is Toms River, which, like the county itself, has been one of the fastest growing areas of the state since the 1990s. As of the United States 2000 Census, the population was 510,916...
—the following day. Zayd Shakur's body was found in a nearby gully along the road.
At the time of the shootout, Assata Shakur was a member of the Black Liberation Army (BLA) and no longer a member of the Black Panther Party. According to a New Jersey Police spokesperson, Assata Shakur was on her way to a "new hideout in Philadelphia" and "heading ultimately for Washington" and a book in the vehicle contained a list of potential BLA targets. Assata Shakur, however, testified that she was on her way to Baltimore for a job as a bar waitress.
Assata Shakur, with gunshot wounds in both arms and a shoulder was moved to Middlesex General Hospital, under "heavy guard", and was reported to be in "serious condition"; Trooper Harper was wounded in the left shoulder, in "good" condition, and given a protective guard at the hospital. Assata Shakur was interrogated and arraigned from her hospital bed, and her medical care during this period is often alleged to be "substandard". Assata Shakur was transferred from Middlesex General Hospital in New Brunswick to Roosevelt Hospital in Edison after her lawyers obtained a court order from Judge John Bachman, and then transferred to Middlesex County Workhouse a few weeks later.
The Pontiac LeMans and Trooper Harper's patrol car were taken to a state police garage in East Brunswick. Following the incident, on May 11, the State Police instituted two-man night patrols on the turnpike and
Garden State ParkwayThe Garden State Parkway is a 172.4-mile limited-access toll parkway that stretches the length of New Jersey from the New York state line at Montvale, New Jersey, to Cape May at the southern tip of the state. Its name refers to the state nickname, the "Garden State." Most New Jersey residents...
, although the change was not made public until June.
Criminal charges and dispositions
Between 1973 and 1977, in
New YorkNew York is a state in the Mid-Atlantic and Northeastern regions of the United States and is the nation's third most populous. The state is bordered by New Jersey and Pennsylvania to the south, and Connecticut, Massachusetts and Vermont to the east...
and
New JerseyNew Jersey is a state in the Mid-Atlantic region of the United States. It is bordered on the north by New York, and to the east by the Hudson River, Upper New York Bay, the Kill Van Kull, Newark Bay, the Arthur Kill, Raritan Bay, Sandy Hook Bay, Westchester County, New York City, Long Island, and...
, Shakur was indicted ten times, resulting in seven different criminal trials. Shakur was charged with two
bank robberiesBank robbery is the crime of stealing from a bank. According to the Federal Bureau of Investigation's Uniform Crime Reporting Program, robbery is, "the taking or attempting to take anything of value from the care, custody, or control of a person or persons by force or threat of force or violence...
, the
kidnappingIn criminal law, kidnapping is the taking away or asportation of a person against the person's will, usually to hold the person in false imprisonment, a confinement without legal authority...
of a
BrooklynBrooklyn is one of the five boroughs of New York City, located southwest of Queens on the western tip of Long Island. An independent city until its consolidation with New York in 1898, Brooklyn is New York City's most populous borough, with 2.5 million residents, and second largest in area...
heroinHeroin, or diacetylmorphine , also known as diamorphine , is a semi-synthetic opioid drug synthesized from morphine, a derivative of the opium poppy. It is the 3,6-diacetyl ester of morphine...
dealer,
attempted murderAttempted murder is a crime in some jurisdictions.-Today:In English criminal law, attempted murder is the crime of more than merely preparing to commit unlawful homicide and at the same time having a specific intention to cause the death of human being under the Queen's Peace...
of two
QueensQueens is the largest in area, the second-largest in population, and the easternmost of the Five Boroughs which form New York City. The Borough of Queens' boundaries are identical to those of the County of Queens , a subdivision of the State of New York in the Northeastern United States.Located on...
police officers stemming from a January 23, 1973 failed ambush, and eight other felonies related to the Turnpike shootout. Of these trials, three resulted in
acquittalIn the common law tradition, an acquittal formally certifies the innocence of the accused, as far as the criminal law is concerned. This is so even where the prosecution is abandoned nolle prosequi...
s, one in a
hung juryA hung jury is a jury that cannot agree upon a verdict after an extended period of deliberation and is unable to change its votes due to severe differences of opinion.-United States :...
, one in a
change of venueA change of venue is the legal term for moving a trial to a new location. In high-profile matters, a change of venue may occur to move a jury trial away from a location where a fair and impartial jury may not be possible due to widespread publicity about a crime and/or its defendant to another...
, one in a mistrial, and one in a conviction; three indictments were dismissed without trial.
| Criminal charge |
Court |
Arraignment |
Trial |
Disposition |
| Attempted armed robbery at Statler Hilton Hotel The Hotel Pennsylvania is a hotel located at 401 7th Avenue in Manhattan, across the street from Pennsylvania Station and Madison Square Garden in New York City.- History :...
April 5, 1971 |
N.Y. Supreme Court, New York County |
November 22, 1977 |
None |
Dismissed |
Bank robbery in Queens
August 23, 1971 |
U.S. District Court, E.D.N.Y., Brooklyn |
July 20, 1973 |
January 5, 1976 – January 16, 1976 |
Acquitted |
Bank robbery in Bronx: Conspiracy, robbery, and assault with a deadly weapon
September 1, 1972 |
U.S. District Court, S.D.N.Y., Manhattan |
August 1, 1973 |
December 3, 1973 – December 14, 1973 |
Hung jury |
| December 19, 1973 – December 28, 1973 |
Acquitted |
Kidnapping of James E. Freeman
December 28, 1972 |
N.Y. Supreme Court, Kings County |
May 30, 1974 |
September 6, 1975 – December 19, 1975 |
Acquitted |
Murder of Richard Nelson
January 2, 1973 |
N.Y. Supreme Court, New York County |
May 29, 1974 |
None |
Dismissed |
Attempted murder of policemen Michael O'Reilly and Roy Polliana
January 23, 1973 |
N.Y. Supreme Court, Queens County |
May 11, 1974 |
None |
Dismissed |
Turnpike shootout: First-degree murder, second-degree murder, atrocious assault and battery, assault and battery against a police officer, assault with a dangerous weapon, assault with intent to kill, illegal possession of a weapon, and armed robbery
May 2, 1973 |
N.J. Superior Court, Middlesex County |
May 3, 1973 |
October 9, 1973 – October 23, 1973 |
Change of venue |
| January 1, 1974 – February 1, 1974 |
Mistrial due to pregnancy |
| February 15, 1977 – March 25, 1977 |
Convicted |
| Source: Shakur, 1987, p. xiv. |
Bronx bank robbery trials
In her 1973 trial for a September 29, 1972 $3,700 robbery of the Manufacturer's Hanover Trust Company in the Bronx, Shakur and her co-defendant Kamau Sadiki (born Fred Hilton) represented themselves while their lawyers stayed mute, in protest of Judge Gagliardi allotting them what they perceived to be insufficient time for a proper defense. Seven other BLA members were indicted by District Attorney Eugene Gold in connection with the series of holdups and shootings on the same day, who—according to Gold—represented the "top echelon" of the BLA as determined by a year long investigation.
The state's case rested largely on the testimony of two men who had pleaded guilty to participating in the holdup. The prosecution called four witnesses: Avon White and John Rivers (both of whom had already been convicted of the robbery) and the manager and teller of the bank. White and Rivers, although convicted, had not yet been sentenced for the robbery and were promised that the charges would be dropped in exchange for their testimony. White and Rivers testified that Shakur had guarded one of the doors with a
.357 magnumThe .357 S&W Magnum, or simply .357 Magnum, is a revolver cartridge created by Elmer Keith, Phillip B. Sharpe, Colonel D. B. Wesson of firearms manufacturer Smith & Wesson, and Winchester. It is based upon Smith & Wesson's earlier .38 Special cartridge. The .357 Magnum cartridge was introduced in...
pistol and that Sadiki had served as a lookout and drove the getaway truck during the robbery; neither White nor Rivers was cross-examined due to the defense attorney's refusal to participate in the trial. Shakur's aunt and lawyer, Evelyn Williams, was also cited for contempt after walking out of the courtroom after many of her attempted motions were denied. The trial was delayed for a few days after Shakur was diagnosed with
pleurisyPleurisy, also known as pleuritis, is an inflammation of the pleura, the lining of the pleural cavity surrounding the lungs. Among other things, infections are the most common cause of pleurisy....
.
During the trial, the defendants were escorted to a "holding pen" outside the courtroom several times after shouting complaints and epithets at Judge Gagliardi. While in the holding pen, they listened to the proceedings over loudspeakers. Both defendants were repeatedly cited for
contempt of courtContempt of court is a court order which, in the context of a court trial or hearing, declares a person or organization to have disobeyed or been disrespectful of the court's authority...
and eventually barred from the courtroom, where the trial continued in their absence. A contemporary
New York Times editorial criticized Williams for failing to maintain courtroom "decorum", comparing her actions to William Kunstler's recent contempt conviction for his actions during the "
Chicago SevenThe Chicago Seven were seven defendants—Abbie Hoffman, Jerry Rubin, David Dellinger, Tom Hayden, Rennie Davis, John Froines, and Lee Weiner—charged with conspiracy, inciting to riot, and other charges related to protests that took place in Chicago, Illinois on the occasion of the 1968...
" trial.
Sadiki's lawyer, Robert Bloom, attempted to have the trial dismissed and then postponed due to new "revelations" regarding the credibility of White, a former co-defendant working for the prosecution. Bloom had been assigned to defend Hilton over the summer, but White was not disclosed as a government witness until right before the trial. Judge Gagliardi instructed both the prosecution and the defense not to bring up Shakur or Sadiki's connections to the BLA, saying they were "not relevant". Gagliardi denied requests by the jurors to pose questions to the witnesses—either directly or through him—and declined to provide the jury with information they requested about how long the defense had been given to prepare, saying it was "none of their concern". This trial resulted in a
hung juryA hung jury is a jury that cannot agree upon a verdict after an extended period of deliberation and is unable to change its votes due to severe differences of opinion.-United States :...
and then a mistrial when the jury reported to Gagliardi that they were hopelessly deadlocked for the fourth time. Although none of the jurors spoke publicly about the deliberations, the jury was reportedly deadlocked at 11 to 1 for conviction.
Retrial
The retrial was delayed for one day to give the defendants more time to prepare. The new jury selection was marked by attempts by Williams to be relieved of her duties due to disagreements with Shakur as well as Hilton's attorney. Judge Arnold Bauman denied the application, but directed another lawyer, Howard Jacobs, to defend Shakur while Williams remained the attorney of record. Shakur was ejected following an argument with Williams, and Hilton left with her as jury selection continued. After the selection of twelve jurors (60 were excused), Williams was allowed to retire from the case, with Shakur officially representing herself, assisted by lawyer Florynce Kennedy. In the retrial, White testified that the six alleged robbers had saved their hair clippings to create disguises, and identified a partially obscured head and shoulder in a photo taken from a surveillance camera as Shakur's. Kennedy objected to this identification on the grounds that the prosecutor, assistant United States attorney Peter Truebner, had offered to
stipulateA stipulated judgment or agreed judgment is a judgment which both sides agree to have entered. If the agreement is not followed, the plaintiff can file an affidavit of default wherein the judgment can be entered without notice to the defendant. This default judgment is binding and failure to comply...
that Shakur was not depicted in any of the photographs. Although both White and Rivers testified that Shakur was wearing overalls during the robbery, the person identified as Shakur in the photograph was wearing a jacket. The defense attempted to discredit White on the grounds that he had spent eight months in Matteawan Hospital for the Criminally Insane in 1968, and White countered that he had faked insanity (by claiming to be
AllahAllah is the standard Arabic word for God. While the term is best known in the West for its use by Muslims as a reference to God, it is used by Arabic-speakers of all Abrahamic faiths, including Christians and Jews, in reference to "God"...
in front of three psychiatrists) to get transferred out of prison.
Shakur personally cross-examined the witnesses, getting White to admit that he had once been in love with her; the same day, one juror (who had been frequently napping during the trial) was replaced with an alternate. Like the first trial, the retrial was marked by the defendants leaving and/or being thrown out of the court room for periods of varying lengths. Both defendants were acquitted in the retrial; six jurors interviewed after the trial stated that they did not believe the two key prosecution witnesses. Shakur was immediately returned to
Morristown, New JerseyMorristown is a town in Morris County, New Jersey, United States. As of the United States 2000 Census, the town population was 18,544. Its estimated population in 2004 was 18,842. It is the county seat of Morris County...
under a heavy guard following the trial. Louis Chesimard (Shakur's ex-husband) and Paul Stewart, the other two alleged robbers, had been acquitted in June.
Attempted murder dismissal
Shakur and four others (including Fred Hilton, Avon White, and Andrew Jackson) were indicted in the State Supreme Court in Bronx on December 31, 1973 on charges of attempting to shoot and kill two policemen—Michael O'Reilly and Roy Polliana, who were wounded but had since returned to duty—in a January 28, 1973 ambush in
St. Albans, QueensSt. Albans is a residential community in the New York City borough of Queens around the intersection of Linden Boulevard and Farmers Boulevard, southeast of Jamaica, west of Cambria Heights and northwest of Springfield Gardens and Laurelton...
. On March 5, 1974, two new defendants (Jeannette Jefferson and Robert Hayes) were named in an indictment involving the same charges. On April 26, while Shakur was pregnant, New Jersey Governor
Brendan ByrneBrendan Thomas Byrne is an American Democratic Party politician from New Jersey, who served as the 47th Governor of New Jersey, from 1974 to 1982.Byrne is a native of West Orange, New Jersey....
signed an
extraditionExtradition is the official process whereby one nation or state requests and obtains from another nation or state the surrender of a suspected or convicted criminal. Between nation states, extradition is regulated by treaties...
order to move Shakur to New York to face two counts of attempted murder, attempted assault, and possession of dangerous weapons related to the alleged ambush; however, Shakur declined to waive her right to an extradition hearing, and asked for a full hearing before Middlesex County Court Judge John E. Bachman.
Shakur was extradited to New York City on May 6, arraigned on May 11 (pleading innocent), and remanded to jail by Justice Albert S. McGrover of the State Supreme Court, pending a pretrial hearing on July 2. In November 1974, New York State Superior Court Justice Peter Farrell dismissed the attempted murder indictment because of insufficient evidence, declaring "The court can only note with disapproval that virtually a year has passed before counsel made an application for the most basic relief permitted by law, namely an attack on the sufficiency of the evidence submitted by the grand jury."
Kidnapping trial
Shakur was indicted on May 30, 1974 on the charge of having robbed a Brooklyn bar and kidnapping bartender James E. Freeman for ransom. Shakur and co-defendant Ronald Myers were accused of entering the bar with pistols and shotguns, taking $50 from the register, kidnapping the bartender, leaving a note demanding a $20,000 ransom from the bar owner, and fleeing in a rented truck. Freeman was said to have later escaped unhurt. The text of Shakur's opening statement in the trial is reproduced in her autobiography. Shakur and co-defendant Ronald Myers were acquitted on December 19, 1975 after seven hours of jury deliberation, ending a three month trial in front of Judge William Thompson.
Queens bank robbery trial
In July 1973, after being indicted by a grand jury, Shakur pleaded not guilty in Federal Court in Brooklyn to an indictment related to an August 31, 1971 $7,700 robbery of the
Bankers Trust CompanyBankers Trust was an historic American banking organization, acquired by Deutsche Bank in 1998.-History:It was originally set up when banks could not perform trust company services...
bank in Queens. Judge Jacob Mishlerset set a tentative trial date of November 5 that year. The trial was delayed until 1976, when Shakur was represented by Stanley Cohen and Evelyn Williams. In this trial, Shakur acted as her own co-counsel and told the jury in her opening testimony:
- "i have decided to act as co-counsel, and to make this opening statement, not because i have any illusions about my legal abilities, but, rather, because there are things that i must say to you. i have spent many days and nights behind bars thinking about this trial, this outrage. And in my own mind, only someone who has been so intimately a victim of this madness as i have can do justice to what i have to say."
One bank employee testified that Shakur was one of the bank robbers, but three other bank employees (including two tellers) testified that they were uncertain. The prosecution showed surveillance photos of four of the six alleged robbers, contending that one of them was Shakur wearing a wig. Shakur was forcibly subdued and photographed by the FBI on the judge's order, after having refused to cooperate, believing that the FBI would use
photo manipulationPhoto manipulation is the application of image editing techniques to photographs in order to create an illusion or deception , through analog or digital means...
; a subsequent judge determined that the manners in which the photos were obtained violated Shakur's rights and ruled the new photos inadmissible. In her autobiography, Shakur recounts being beaten, choked, and kicked on the courtroom floor by five marshals, as Williams narrated the events to ensure they would appear on the court record. Shortly after deliberation began, the jury asked to see all the photographic exhibits taken from the surveillance footage. The jury determined that a widely circulated FBI photo allegedly showing Shakur participating in the robbery was not her.
Shakur was acquitted after seven hours of jury deliberation on January 16, 1976, and Shakur was immediately remanded back to New Jersey for the Turnpike trial. The actual transfer took place on January 29. She was the only one of the six suspects in the robbery to be brought to trial. Andrew Jackson and two others indicted for the same robbery pleaded guilty; Jackson was sentenced to five years in prison and five years' probation; another was shot and killed in a gun fight in Florida on December 31, 1971, and the last remained at large at the time of Shakur's acquittal.
Turnpike trial
For Shakur's trial related to the New Jersey Turnpike shootout, Superior Court Judge Leon Gerofsky ordered a
change of venueA change of venue is the legal term for moving a trial to a new location. In high-profile matters, a change of venue may occur to move a jury trial away from a location where a fair and impartial jury may not be possible due to widespread publicity about a crime and/or its defendant to another...
in 1973 from
MiddlesexMiddlesex County is a county located in the U.S. state of New Jersey. As of the United States 2000 Census, the population was 750,162. It is part of the New York Metropolitan Area and its county seat is New Brunswick. The center of population for New Jersey is located in Middlesex County, in the...
to
Morris County, New JerseyMorris County is a county located in the U.S. state of New Jersey, about 25 mi west of New York City. As of the United States 2000 Census, the population was 470,212, and grew to 493,160 as of the Census Bureau's 2006 estimate.. It is part of the New York Metropolitan Area...
, saying "it was almost impossible to obtain a jury here comprised of people willing to accept the responsibility of impartiality so that defendants will be protected from transitory passion and prejudice". Polls of residents in Middlesex County showed that 83% knew her identity and 70% said she was guilty. The trial continued with Judge John E. Bachman in Middlesex County, but a new jury was chosen from Morris County. Shakur was originally slated to be tried with Acoli, but the trials were separated (before jury selection was complete) due to Shakur's pregnancy, and hers resulted in a mistrial in 1974 because of the possibility of
miscarriageMiscarriage or spontaneous abortion is the spontaneous end of a pregnancy at a stage where the embryo or fetus is incapable of surviving, generally defined in humans at prior to 20 weeks of gestation...
; Shakur was then hospitalized on February 1. By the time she was retried in 1977, Acoli had already been convicted of firing the bullets that killed Foerster, and a total of 289 articles had been published in the local press, most portraying Shakur as dangerous and mentioning her alleged involvement in the various violent crimes for which she had not been convicted. Shakur's trial, along with Acoli's, cost Middlesex County an estimated $1 million combined.
The nine-week trial was widely publicized, and was even reported on by the
Telegraph Agency of the Soviet UnionThe Telegraph Agency of the Soviet Union , was the central agency for collection and distribution of internal and international news for all Soviet newspapers, radio and television stations...
(TASS). On March 25, 1977, back in Middlesex County, Shakur was convicted as an
accompliceAt law, an accomplice is a person who actively participates in the commission of a crime, even though they take no part in the actual criminal offense. For example, in a bank robbery, the person who points the gun at the teller and asks for the money is guilty of armed robbery...
in the
murdersThe rule of felony murder is a legal doctrine in some common law jurisdictions that broadens the crime of murder in two ways. First, when an offender kills accidentally or without specific intent to kill in the course of an applicable felony, what might have been manslaughter is escalated to murder...
of New Jersey State Trooper Werner Foerster and Zayd Shakur and possession of weapons, as well as of
assaultAssault is a crime of violence against another person. In some jurisdictions, including Australia and New Zealand, assault refers to an act that causes another to apprehend immediate and personal violence, while in other jurisdictions, such as the United States, assault may refer only to the threat...
and
attempted murderAttempted murder is a crime in some jurisdictions.-Today:In English criminal law, attempted murder is the crime of more than merely preparing to commit unlawful homicide and at the same time having a specific intention to cause the death of human being under the Queen's Peace...
of Harper. During the trial, hundreds of civil rights campaigners demonstrated outside of the Middlesex County courthouse each day.
Following the 13-minute opening statement by Edward J. Barone, the first assistant Middlesex County prosecutor (directing the case for the state), William Kunstler (the chief of Shakur's defense staff) moved immediately for a mistrial, calling the eight-count grand jury indictment "adversary proceeding solely and exclusively under the control of the prosecutor", whom Kunstler accused of "improper prejudicial remarks"; Judge Appleby, noting the frequent defense interruptions which had characterized the previous days' jury selection, denied the motion. The prosecution contended that Shakur shot and killed her companion, Zayd Shakur, and "executed" Trooper Foerster with his own weapon.
The next day the jury listened to State Police radio tapes while being provided with a printed transcript, an arrangement which was the result of "hours of haggling" between the defense and prosecution. The "climax" of the tape came when Trooper Ronald Foster, the State Police radio operator, shouted into his microphone "They just shot Harper! Be on the lookout for this car!" and "It is a Pontiac. It's got one tail light" after the wounded Harper entered into the administration building near the site of the shootout. As the tapes were played, Shakur was seated "calmly and without apparent concern" wearing a yellow
turbanThe turban is a headdress consisting of a long scarf-like single piece of cloth wound around the head. The word "turban" is a common umbrella term, loosely used in English to refer to several sorts of headwear....
and brightly colored floor-length dress over a white turtleneck sweater.
Shakur's attorneys had successfully asked a 10-judge panel of the
United States Court of Appeals for the Third CircuitThe United States Court of Appeals for the Third Circuit is a federal court with appellate jurisdiction over the district courts for the following districts:* District of Delaware* District of New Jersey...
to order that sessions for her murder trial not be held on Fridays because of
Black Muslim SabbathThe phrase Black Muslims may describe any black people who are Muslim, but historically it has been specifically used to refer to African-American organizations that describe themselves as Muslim...
, although the Appeals Court for the Third Circuit rejected her plea to move the murder trial to a federal court.
On February 23, Shakur's attorneys filed papers asking Judge Appleby to
subpoenaA subpoena is a writ issued by a court that commands the presence of a witness to testify, under a penalty for failure.Subpoenas are associated with common law legal systems.There are two common types of subpoena:...
FBI Director
Clarence KelleyClarence M. Kelley was a public servant and former director of the Federal Bureau of Investigation.Clarence Kelley was born in Kansas City, Missouri in 1911. He received his Bachelor of Arts degree from the University of Kansas in 1936 as a proud member of Sigma Nu fraternity. He then continued...
, Senator
Frank ChurchFrank Forrester Church III was a United States Senator from Idaho, serving four terms from 1957 to 1981. Church was a member of the Idaho Democratic Party.-Early life:...
and other federal and New York law enforcement officials to testify about the Counter Intelligence Program, which they alleged was designed to harass and disrupt black activist organizations. Kunstler had previously been successful in subpoenaing Kelley and Church for the trials of
American Indian MovementThe American Indian Movement is a Native American activist organization in the United States. AIM gained international press when it seized of the Bureau of Indian Affairs headquarters in Washington, D.C., in 1972, and in 1973 had a standoff at Wounded Knee, South Dakota, on the Pine Ridge Indian...
(AIM) members charged with murdering FBI agents. The motion (argued March 2)—which also asked the court to require the production of memos, tapes, documents, and photographs of alleged
COINTELPROCOINTELPRO was a series of covert, and often illegal, projects conducted by the United States Federal Bureau of Investigation aimed at investigating and disrupting dissident political organizations within the United States...
involvement from 1970 to 1973—was denied.
Shakur herself was called as a witness on March 15, the first witness called by the defense; she denied shooting either Harper or Foerster, and also denied handling a weapon during the incident. She was questioned by her own attorney, Stuart Ball, for under 40 minutes, and then cross-examined by Barone for less than two hours (see the Witnesses section below). Ball's questioning ended with the following exchange:
- "On that night of May 2[n]d, did you shoot, kill, execute or have anything to do with the death of Trooper Werner Foerster?"
- "No."
- "Did you shoot or assault Trooper James Harper?"
- "No."
Under cross-examination, Shakur was unable to explain how three clips of ammunition and 16 live shells had gotten into her shoulder bag; she also admitted to knowing that Zayd Shakur carried a gun at times, and specifically to seeing a gun sticking out of Acoli's pocket while stopping for supper at a
Howard Johnson'sHoward Johnson's is a chain of restaurants and hotels, located primarily throughout the United States and Canada. The name is derived from the founder of the original company, Howard Deering Johnson, who started the initial chain of restaurants and motels...
restaurant shortly before the shooting. Shakur admitted to carrying an identification card with the name "Justine Henderson" in her billfold the night of the shootout, but denied using any of the aliases on the long list that Barone proceeded to read.
Defense attorneys
Shakur's defense attorneys were
William KunstlerWilliam Moses Kunstler was an American self-described "radical lawyer" and civil rights activist, known for his controversial clients...
(the chief of Shakur's defense staff), Stuart Ball, Robert Bloom,
Raymond A. BrownRaymond A. Brown was an American criminal defense lawyer who represented a wide variety of high-profile clients, ranging from politicians to accused spies, including New Jersey state senator Angelo Errichetti , boxer Rubin "Hurricane" Carter and "Dr...
, Stanley Cohen (who died of unknown causes early on in the Turnpike trial), Lennox Hinds,
Florynce KennedyFlorynce Kennedy , was a U.S. lawyer, activist, civil rights advocate, and feminist.- Early life :Florynce Rae Kennedy was born in Kansas City to an African American family. Her father was a Pullman porter, and later had a taxi business...
, Louis Myers, Laurence Stern, and Evelyn Williams, Shakur's aunt. Only Kunstler, Myers, Ball, Stern, and Cohen appeared in court, however, for the turnpike trial. Kunstler became involved in Shakur's trials in 1975, when contacted by Williams, and commuted from New York City to New Brunswick every day with Stern.
Her attorneys, in particular Lennox Hinds, were often held in
contempt of courtContempt of court is a court order which, in the context of a court trial or hearing, declares a person or organization to have disobeyed or been disrespectful of the court's authority...
, which the
National Conference of Black LawyersThe National Conference of Black Lawyers , is an American association, formed in 1968, to serve as the Black Liberation movement’s legal arm and aid other black activists, it is made up of judges, law students, lawyers, legal activists, legal workers, and scholars.Noted clients included, Angela...
cited as an example of
systemic biasSystemic bias is the inherent tendency of a process to favor particular outcomes. The term is a neologism that generally refers to human systems; the analogous problem in non-human systems is often called systematic bias, and leads to systematic error in measurements or estimates.- Bias in...
in the judicial system. The New Jersey Legal Ethics Committee also investigated complaints against Hinds for comparing Shakur's murder trial to "legalized lynching" undertaken by a "
kangaroo courtA kangaroo court or kangaroo trial, sometimes likened to a drumhead court-martial, refers to a sham legal proceeding or court. The colloquial phrase "kangaroo court" is used to describe judicial proceedings that deny due process rights in the name of expediency...
". According to Kunstler's autobiography, the sizeable contingent of New Jersey State Troopers guarding the courthouse were under strict orders from their commander, Col. Clinton Pagano, to completely shun Shakur's defense attorneys.
Judge Appleby also threatened Kunstler with dismissal and contempt of court after he delivered an October 21, 1976 speech at nearby
Rutgers UniversityRutgers, The State University of New Jersey , is the largest institution for higher education in the state of New Jersey. It was originally chartered as Queen's College in 1766 and is the eighth-oldest college in the United States...
that in part discussed the upcoming trial, but later ruled that Kunstler could represent Shakur. Until obtaining a court order, Williams was forced to strip naked and undergo a body search before each of her visits with Shakur—during which Shakur was shackled to a bed by both ankles. Judge Appleby also refused to investigate a burglary of her defense counsel's office that resulted in the disappearance of trial documents, amounting to half of the legal papers related to her case. Her lawyers also claimed that their offices were
buggedA covert listening device, more commonly known as a bug or a wire, is usually a combination of a miniature radio transmitter with a microphone...
.
Witnesses
Sundiata Acoli, Assata Shakur, Trooper Harper, and a New Jersey Turnpike driver who saw part of the incident were the only surviving witnesses. Acoli did not testify or make any pre-trial statements, nor did he testify in his own trial or give a statement to the police. The driver traveling north on the turnpike testified that he had seen a State Trooper struggling with a Black man between a white vehicle and a State Trooper car, whose revolving lights illuminated the area.
Shakur testified that Trooper Harper shot her after she raised her arms to comply with his demand, the second shot hitting her in the back as she was turning to avoid it, and that she fell onto the road for the duration of the gunfight before crawling back into the backseat of the Pontiac which Acoli drove down the road and parked, and remained there until State Troopers dragged her onto the road.
Trooper Harper's three official reports state that after he stopped the Pontiac, he ordered Acoli to the back of the vehicle for Trooper Foerster—who had arrived on the scene—to examine his
driver's licenseA driver's license, driver license, driver licence, or driving licence is an official document which states that a person may operate a motorized vehicle, such as a motorcycle, car, truck or a bus. The laws relating to driver's licensing vary between jurisdictions...
. The reports then state that after Acoli complied and as Harper was looking inside the vehicle to examine the
registrationVehicle registration is usually the compulsory registration of a vehicle with a government authority. Vehicle registration's purpose is to ease government regulation, punishment, or taxation of motorists or vehicle owners....
, Trooper Foerster yelled and held up an ammunition clip, as Shakur simultaneously reached into her red
pocketbookIn American English, a purse is a small bag, also called a handbag or a pocketbook.In British English, a purse is a small money container similar to a wallet, but typically used by women and including a compartment for coins, with a handbag being considerably larger; indeed, a purse is often kept...
, pulled out a
nine-millimeter weaponThis article lists firearm cartridges which have a bullet in the caliber range. The most prevalent of these rounds is the 9x19mm Parabellum.*Length refers to the cartridge case length.*OAL refers to the overall length of the cartridge....
and fired at him. Trooper Harper's reports then state that he ran to the rear of his car and shot at Shakur who had exited the vehicle and was firing from a crouched position next to the vehicle. Under
cross-examinationIn law, cross-examination is the interrogation of a witness called by one's opponent. It is preceded by direct examination and may be followed by a redirect .In the United States, the cross-examining attorney is typically not permitted to...
at both Acoli and Shakur's trials, Trooper Harper admitted to having lied in these reports and in his
Grand JuryIn the common law, a grand jury is a type of jury that determines whether there is enough evidence for a trial. Grand juries carry out this duty by examining evidence presented to them by a prosecutor and issuing indictments, or by investigating alleged crimes and issuing presentments...
testimony about Trooper Foerster yelling and showing him an ammunition clip, about seeing Shakur holding a pocketbook or a gun inside the vehicle, and about Shakur shooting at him from the car. Trooper Harper retracted his previous statements and said that he had never seen Shakur with a gun, and that she did not shoot him.
Jury
A total of 408 potential jurors were questioned during the
voir direVoir dire is a phrase in law which derives from Anglo-Norman.*In origin it refers to an oath to tell the truth , in other words to give a true verdict. The word voir , in this context, is an old French word meaning "truth"...
, which concluded on February 14. All of the 15 jurors—ten women and five men—were white, and most were under thirty years old. Five jurors had personal ties to State Troopers (one girlfriend, two nephews, and two friends). A sixteenth female juror was removed before the trial formally opened when it was determined that Sheriff Joseph DeMarino of Middlesex County, while a private detective several years earlier, had worked for a lawyer who represented the juror's husband. Judge Appleby repeatedly denied Kunstler's requests for DeMarino to be removed from his responsibilities for the duration of the trial "because he did not divulge his association with the juror".
One prospective juror was dismissed for reading
Target Blue, a book by Robert Daley, a former New York City Deputy Police Commander, which dealt in part with Shakur and had been left in the jury assembly room. Before the jury entered the courtroom, Judge Appleby ordered Shakur's lawyers to remove a copy of
Roots: The Saga of an American FamilyRoots: The Saga of an American Family is a novel written by Alex Haley and first published in 1976. It was adapted into a hugely popular, 12-hour television miniseries, Roots, in 1977, and a 14-hour sequel, Roots: The Next Generations, in 1979....
by
Alex Haley Alexander Murray Palmer Haley was an American writer. He is best known as the author of Roots: The Saga of an American Family and The Autobiography of Malcolm X ....
from a position on the defense counsel table easily visible to jurors. The
Roots TV miniseriesRoots is a 1977 American television miniseries based on Alex Haley's work Roots: The Saga of an American Family.Roots received 36 Emmy Award nominations. It went on to win nine Emmys, a Golden Globe, and a Peabody Award. It received unprecedented Nielsen ratings with the finale still standing as...
adapted from the book and shown shortly before the trial was believed to have evoked feelings of "
guilt and sympathyWhite guilt refers to the concept of individual or collective guilt often said to be felt by some White people for the racist treatment of people of color by Whites both historically and presently...
" with many white viewers.
Shakur's attorneys sought a new trial on the grounds that one jury member, John McGovern, had violated the jury's
sequestrationSequestration may refer to:* Sequestration , the act of seizing property from the owner under process of law for the benefit of creditors or the state...
order. McGovern later sued Kunstler for
defamationIn law, defamation–also called calumny, libel , slander , and vilification–is the communication of a statement that makes a claim, expressly stated or implied to be factual, that may give an individual, business, product, group, government or nation a negative image...
after Judge Appleby rejected Kunstler's claim that the juror had violated the order. Kunstler eventually publicly apologized to McGovern and paid him a small settlement. Additionally, in his autobiography, Kunstler alleged that he later learned from a law enforcement agent that a New Jersey State Assembly member had addressed the jury at the hotel where they were sequestered, urging them to convict Shakur. Due to the high security of the trial and the sequestration, Shakur's trial, along with Acoli's, cost Middlesex County an estimated $1 million combined. In September 1977,
New Jersey GovernorThe Governor of New Jersey is the chief executive of the U.S. state of New Jersey. The current holder of that office is Jon Corzine, who re-assumed executive powers on May 7, 2007 from acting Gov. Richard Codey, after recuperating from an automobile accident on April 12, 2007...
Brendan ByrneBrendan Thomas Byrne is an American Democratic Party politician from New Jersey, who served as the 47th Governor of New Jersey, from 1974 to 1982.Byrne is a native of West Orange, New Jersey....
vetoed a bill to give the Morris County sheriff $7,491 for
overtimeOvertime is the amount of time someone works beyond normal working hours. Normal hours may be determined in several ways:*by custom ,*by practices of a given trade or profession,*by legislation,...
expenses incurred in guarding Shakur's jury.
Medical evidence
A key element of Shakur's defense was
medical testimonyForensic biology is the application of biology to law enforcement.It includes the subdisciplines of Forensic anthropology, Forensic botany, Forensic entomology, Forensic odontology and various DNA or protein based techniques.- Applications :...
meant to demonstrate that she was shot with her hands up and that she would have been subsequently unable to fire a weapon. A neurologist testified that the
median nerveThe median nerve is a nerve in humans and other animals. It is in the upper limb. It is one of the five main nerves originating from the brachial plexus....
in Shakur's right arm was severed by the second bullet, making her unable to pull a trigger. Neurosurgeon Dr. Arthur Turner Davidson, Associate Professor of Surgery at
Albert Einstein College of MedicineAlbert Einstein College of Medicine is a graduate school of Yeshiva University. It is a not-for-profit, private, nonsectarian medical school located on the Jack and Pearl Resnick Campus in the Morris Park neighborhood of the borough of the Bronx of New York City...
, testified that the wounds in her upper arms, armpit and chest, and severed median nerve that instantly paralyzed her right arm, would only have been caused if both arms were raised, and that to sustain such injuries while crouching and firing a weapon (as described in Trooper Harper's testimony) "would be anatomically impossible".
Davidson based his testimony on an August 4, 1976 examination of Shakur and on
X-rayX-radiation is a form of electromagnetic radiation. X-rays have a wavelength in the range of 10 to 0.01 nanometers, corresponding to frequencies in the range 30 petahertz to 30 exahertz and energies in the range 120 eV to 120 keV. They are shorter in wavelength than UV rays...
s taken immediately after the shootout at Middlesex General Hospital. Prosecutor Barone questioned whether Davidson was qualified to make such a judgment 39 months after the injury; Barone proceeded to suggest (while a female Sheriff's attendant acted out his suggestion) that Shakur was struck in the right arm and collar bone and "then spun around by the impact of the bullet so an immediate second shot entered the fleshy part of her upper left arm" to which Davidson replied "Impossible."
Dr. David Spain, a pathologist from
Brookdale Community CollegeBrookdale Community College is an accredited, coeducational, public community college in Lincroft, Monmouth County, New Jersey. Brookdale Community College was created in 1967 to provide secondary education throughout Monmouth County. It has secondary campuses in Neptune, Freehold Township, Hazlet,...
, testified that her bullet scars as well as X-rays supported her claim that her arms were raised, and that there was "no conceivable way" the first bullet could have hit Shakur's
clavicleIn human anatomy, the clavicle or collar bone is classified as a long bone that makes up part of the shoulder girdle . It receives its name from the Latin clavicula because the bone rotates along its axis like a key when the shoulder is abducted. This movement is palpable...
if her arm was down.
Judge Appleby eventually cut off funds for any further expert defense testimony. Shakur, in her autobiography, and Williams, in
Inadmissible Evidence, both claim that it was difficult to find expert witnesses for the trial, not only because of the financial expense, but also because most forensic and ballistic specialists declined on the grounds of a
conflict of interestA conflict of interest occurs when an individual or organization is involved in multiple interests, one of which could possibly corrupt the motivation for an act in the other.A conflict of interest can only existif a person or testimony...
when approached because they routinely performed such work for law enforcement officials.
Other evidence
Neutron activation analysisNeutron Activation Analysis is a nuclear process used for determining certain concentrations of elements in a vast amount of materials. NAA allows discrete sampling of elements as it disregards the chemical form of a sample, and focuses solely on its nucleus...
administered after the shootout showed no gun powder residue on Shakur's fingers; her
fingerprintA fingerprint is an impression of the friction ridges on all parts of the finger. A friction ridge is a raised portion of the epidermis on the palmar or digits or plantar skin, consisting of one or more connected ridge units of friction ridge skin...
s were not found on any weapon at the scene, according to forensic analysis performed at the
Trenton, New JerseyTrenton is the capital of the U.S. state of New Jersey and the county seat of Mercer County. As of 2007, the United States Census Bureau estimated that the City of Trenton had a population of 82,804....
crime lab and the FBI crime labs in
Washington, D.C.Washington, D.C. , formally the District of Columbia and commonly referred to as Washington, the District, or simply D.C., is the capital of the United States, founded on July 16, 1790...
According to tape recordings and police reports made several hours after the shoot-out, when Harper returned on foot to the administration building 200 yards (183 m) away, he did not report Foerster's presence at the scene; no one at headquarters knew of Foerster's involvement in the shoot-out until his body was discovered beside his patrol car, more than an hour later.
Conviction and sentencing
On March 24, the jurors listened for 45 minutes to a rereading of testimony of the State Police chemist regarding the blood found at the scene, on the LeMans, and Shakur's clothing. That night, the second night of jury deliberation, the jury asked Judge Appleby to repeat his instructions regarding the four assault charges 30 minutes before retiring for the night, which lead to speculation that the jury had decided in Shakur's favor on the remaining charges, especially the two counts of murder. Appleby reiterated that the jury must consider separately the four assault charges (atrocious assault and battery, assault on a police officer acting in the line of duty, assault with a deadly weapon, and assault with intent to kill), each of which carried a total maximum penalty of 33 years in prison. The other charges were: first-degree murder (of Foerster), second-degree murder (of Zayd Shakur), illegal possession of a weapon, and armed robbery (related to Foerster's service revolver). The jury also asked Appleby to repeat the definitions of "
intentIntent in law is the planning and desire to perform an act, to fail to do so or to achieve a state of affairs in psychological view it may mean a different thing....
" and "
reasonable doubtBeyond a reasonable doubt is the standard of proof required in most criminal cases within an adversarial system. Generally the prosecution bears the burden of proof and is required to prove their version of events to this standard...
".
Shakur was convicted on all eight counts: two murder charges, and six assault charges. The prosecution did not need to prove that Shakur fired the shots that killed either Trooper Foerster or Zayd Shakur: being an accomplice to murder carries an equivalent life sentence under New Jersey law. Upon hearing the verdict, Shakur said—in a "barely audible voice"—that she was "ashamed that I have even taken part in this trial" and that the jury was "racist" and had "convicted a woman with her hands up". Judge Appleby told the court attendants to "remove the prisoner" and Shakur replied: "the prisoner will walk away on her own feet". After Joseph W. Lewis, the jury foreman, read the verdict, Kunstler asked that the jury be removed before alleging that one juror had violated the sequestration order (see above).
At Shakur's sentencing hearing on April 25, Appleby sentenced her to 26 to 33 years in state prison (10 to 12 for the four counts of assault, 12 to 15 for robbery, 2 to 3 for armed robbery, plus 2 to 3 for aiding and abetting the murder of Foerster) which was to be served consecutively with her
mandatory life sentenceA mandatory sentence is a controversial court decision setting where judicial discretion is limited by law. Typically, people convicted of certain crimes must be punished with at least a minimum number of years in prison...
; however, Appleby dismissed the second-degree murder of Zayd Shakur, as the
New Jersey Supreme CourtThe New Jersey Supreme Court is the highest court in the U.S. state of New Jersey. It has existed in three different forms under the three different state constitutions since the independence of the state in 1776...
had recently narrowed the application of the law. Appleby finally sentenced Shakur to 30 days in the Middlesex County Workhouse for
contempt of courtContempt of court is a court order which, in the context of a court trial or hearing, declares a person or organization to have disobeyed or been disrespectful of the court's authority...
, concurrent with the other sentences, for refusing to rise when he entered the courtroom. To become eligible for
paroleParole may have different meanings depending on the field and judiciary system. All of the meanings originated from the French parole, meaning " word". Following its use in late-medieval Anglo-French chivalric practice, the term became associated with the release of prisoners based on prisoners...
, Shakur would have had to serve a minimum of 25 years, which would have included her four years in custody during the trials.
Murder dismissal
In October 1977, New York State Superior Court Justice John Starkey dismissed murder and robbery charges against Shakur related to the death of Richard Nelson during a December 28, 1972 hold-up of a Brooklyn social club, ruling that the state had
delayed too longA statute of limitations is a statute in a common law legal system that sets forth the maximum period of time, after certain events, that legal proceedings based on those events may be initiated...
in bringing her to trial, saying "People have constitutional rights, and you can't shuffle them around." The case was delayed in being brought to trial as a result of an agreement between the Governors of New York and New Jersey as to the priority of the various charges against Shakur. Three other defendants were indicted in relation to the same holdup: Melvin Kearney, who died in 1976 from an eight-floor fall while trying to escape from the Brooklyn House of Detention, Twymon Myers, who was killed by police while a fugitive, and Andrew Jackson, the charges against whom were dismissed when two prosecution witnesses could not identify him in a lineup.
Attempted robbery dismissal
On November 22, 1977, Shakur pleaded not guilty to an attempted armed robbery indictment stemming from the 1971 incident at the Statler Hilton Hotel. Shakur was accused of attempting to rob a Michigan man staying at the hotel of $250 of cash and personal property. During the incident Shakur was shot in the stomach and subsequently arrested, booked, and released on bail. The prosecutor was C. Richard Gibbons. The charges were dismissed without trial.
Imprisonment
After the Turnpike shootings, Shakur was imprisoned in New Jersey State Reception and Correction center in Yardville,
Mercer County, New JerseyMercer County is a county located in the U.S. state of New Jersey. Its county seat is Trenton, the state capital. It is officially part of both the New York metropolitan area and Delaware Valley, due to it being close to New York City and Philadelphia, as well as the Trenton-Ewing Metropolitan...
and later moved to
Rikers Island Correctional Institution for WomenRikers Island is New York City's jail facility, as well as the name of the island on which it sits, in the East River between Queens and the mainland Bronx, adjacent to the runways of LaGuardia Airport. The island itself is part of the borough of the Bronx, though it is included as part of Queens...
in New York City where she was kept in
solitary confinementSolitary confinement is a punishment or special form of imprisonment in which a prisoner is denied contact with any other persons, excluding members of prison staff. Usually cited as an additional measure of protection from the criminal, it has also been called a form of torture...
for 21 months. Shakur's only daughter, Kakuya Shakur, was conceived during her trial and born on September 11, 1974 in the "
fortified psychiatric wardA psychiatric hospital, sometimes known as an asylum, is a hospital specializing in the treatment of serious mental illness, usually for relatively long-term inpatients....
" at Elmhurst General Hospital in
QueensQueens is the largest in area, the second-largest in population, and the easternmost of the Five Boroughs which form New York City. The Borough of Queens' boundaries are identical to those of the County of Queens , a subdivision of the State of New York in the Northeastern United States.Located on...
, where Shakur stayed for a few days before being returned to Rikers Island. In her autobiography, Shakur claims that she was beaten and restrained by several large female officers after refusing a medical exam from a prison doctor shortly after giving birth.
After a bomb threat was made against Judge Appleby, Sheriff Joseph DeMarino lied to the press about the exact date of her transfer to
Clinton Correctional Facility for WomenEdna Mahan Correctional Facility for Women is a prison facility for women of the state of New Jersey's Department of Corrections, located near Clinton, New Jersey in Union Township. Its official abbreviation is EMCFW. The facility was named for Edna Mahan Edna Mahan Correctional Facility for...
for security reasons. She was also transferred from the Clinton Correctional Facility for Women to a special area staffed by women guards at the Yardville Youth Correction and Reception Center in New Jersey, where she was the only female inmate, for "security reasons". When Kunstler first took on Shakur's case (before meeting her), he described her basement cell as "adequate", which nearly resulted in his dismissal as her attorney. On May 6, 1977, Trenton Federal District Court Judge Clarkson Fisher denied Shakur's request for a transfer from the all-male facility to Clinton Correctional Facility for Women.
On April 8, 1978, Shakur was transferred to
Alderson Federal Prison CampAlderson Federal Prison Camp, also known as Federal Prison Camp, Alderson or FPC Alderson, is a federal prison in the United States for minimum-security female inmates...
in
Alderson, West VirginiaAlderson is a town in Greenbrier and Monroe Counties in the U.S. state of West Virginia, along the Greenbrier River. The population was 1,091 at the 2000 census.-Geography:Alderson is located at ....
where she met
Puerto Rican nationalistThe Puerto Rican Independence movement refers to initiatives throughtout the history of Puerto Rico aimed at obtaining independence for the Island...
Lolita LebrónDolores "Lolita" Lebrón Sotomayor is an active advocate for Puerto Rican independence. She was born and raised in Lares, Puerto Rico, where she joined the Liberal Party. In her youth she met Francisco Matos Paoli, a renowned Puerto Rican poet, with whom she had a relationship...
and Mary Alice, a Catholic nun, who introduced Shakur to the concept of
liberation theologyLiberation theology is a school of theology within Christianity, particularly in the Roman Catholic Church. It emphasizes the Christian mission to bring justice to the poor and oppressed, particularly through political activism. Its theologians consider sin the root source of poverty, the sin in...
. At Alderson, Shakur was housed in the Maximum Security Unit, which also contained several members of the Aryan Sisterhood as well as
Sandra GoodSandra Collins Good is an American criminal, former associate of Charles Manson and a close friend and former roommate of Squeaky Fromme....
and
Lynette "Squeaky" FrommeLynette Alice "Squeaky" Fromme is an American former member of the Manson Family. She was sentenced to life imprisonment for attempting to assassinate U.S. President Gerald Ford in 1975...
, followers of
Charles MansonCharles Milles Manson is an American criminal who led what became known as the Manson Family, a quasi -commune that arose in California in the late 1960s. He was convicted of conspiracy to commit the Tate/LaBianca murders, carried out by members of the group at his instruction...
.
On March 31, 1978, after the Maximum Security Unit at Alderson was closed, Shakur was transferred to the Clinton Correctional Facility for Women in New Jersey. According to her attorney Lennox Hinds, Shakur "understates the awfulness of the condition in which she was incarcerated", which included
vaginal and anal searchesA body cavity search is either a visual search or a manual internal inspection of body cavities such as for prohibited material , such as illegal drugs, money, jewelry, or weapons...
. Hinds argues that "in the history of New Jersey, no woman pretrial detainee or prisoner has ever been treated as she was, continuously confined in a men's prison, under twenty-four hour surveillance of her most intimate functions, without intellectual sustenance, adequate medical attention, and exercise, and without the company of other women for all the years she was in custody."
Shakur was identified as a political prisoner as early as October 8, 1973 by
Angela DavisAngela Yvonne Davis is an American political activist and university professor who was associated with the Black Panther Party for Self Defense and the Student Nonviolent Coordinating Committee. Davis was also a notable activist during the Civil Rights Movement and a prominent member and...
, and in a April 3, 1977
New York Times advertisement purchased by the Easter Coalition for Human Rights. An international panel of seven jurists representing the
United Nations Commission on Human RightsThe United Nations Commission on Human Rights was a functional commission within the overall framework of the United Nations from 1946 until it was replaced by the UN Human Rights Council in 2006...
concluded in 1979 that her treatment was "totally unbefitting any prisoner". Their investigation, which focused on alleged human rights abuses of political prisoners, cited Shakur as "one of the worst cases" of such abuses and including her in a "a class of victims of FBI misconduct through the
COINTELPROCOINTELPRO was a series of covert, and often illegal, projects conducted by the United States Federal Bureau of Investigation aimed at investigating and disrupting dissident political organizations within the United States...
strategy and other forms of illegal government conduct who as political activists have been selectively targeted for provocation, false arrests, entrapment, fabrication of evidence, and spurious criminal prosecutions". Other groups, like
Amnesty InternationalAmnesty International is an international secular non-governmental organisation which defines its mission as "to conduct research and generate action to prevent and end grave abuses of human rights and to demand justice for those whose rights have been violated." Founded in London in 1961, AI...
, do not regard Shakur as a former political prisoner.
Escape
On November 2, 1979 she escaped the
Clinton Correctional Facility for WomenEdna Mahan Correctional Facility for Women is a prison facility for women of the state of New Jersey's Department of Corrections, located near Clinton, New Jersey in Union Township. Its official abbreviation is EMCFW. The facility was named for Edna Mahan Edna Mahan Correctional Facility for...
in New Jersey, when three members of the Black Liberation Army visiting her drew concealed .45-caliber pistols, seized two guards as hostages and commandeered a prison van. The van escaped through an unfenced section of the prison into the parking lot of a state school for the handicapped, away, where a blue-and-white Lincoln and a blue
Mercury CometThe Mercury Comet is an automobile produced by the Mercury division of the Ford Motor Company between 1960 and 1977, with the exception of the 1970 model year...
were waiting. No one, including the guards-turned-hostages left in the parking lot, was injured during the prison break. Her brother,
Mutulu ShakurMutulu Shakur was a proponent of the Republic of New Afrika and a close friend of Geronimo Pratt....
,
Silvia BaraldiniSilvia Baraldini was active in both the Black Power and Puerto Rican independence movements in the United States in the 1960s, 1970s, and 1980s...
, former Panther Sekou Odinga, and Marylin Buck were charged with assisting in her escape; Ronald Boyd Hill was also held on charges related to the escape. In part for his role in the event, Mutulu was named on July 23, 1982 as the
380th addition to the FBI's Ten Most Wanted FugitivesThe FBI's Ten Most Wanted Fugitives during the 1980s is a list, maintained for a fourth decade, of the Ten Most Wanted Fugitives of the United States Federal Bureau of Investigation.-FBI headlines in the 1980s:...
list, where he remained for the next four years until his capture in 1986. State correction officials disclosed in November 1979 that they had not run
identity checksA background check or background investigation is the process of looking up and compiling criminal records, commercial records and financial records of an individual....
on Shakur's visitors and that the three men and one woman who assisted in her escape had presented false identification to enter the prison's visitor room, before which they were not searched. Mutulu Shakur and Marilyn Buck were later convicted in 1998 of several robberies as well as the prison escape.
At the time of the escape, Kunstler had just started to prepare her
appealIn law, an appeal is a process for requesting a formal change to an official decision.The specific procedures for appealing, including even whether there is a right of appeal from a particular type of decision, can vary greatly from country to country...
. After her escape, Assata lived as a fugitive for several years. The FBI circulated
wanted posterA wanted poster is a poster put up to let the public know of a criminal whom authorities wish to apprehend. They will generally include either a picture of the criminal when a photograph is available, or of a facial composite image produced by a police artist. The poster will usually include a...
s throughout the New York – New Jersey area; her supporters hung "Assata Shakur is Welcome Here" posters in response. In New York, three days after her escape, more than 5,000 demonstrators organized by the National Black Human Rights Coalition carried signs with the same slogan. The ubiquitous image of Shakur propagated by the wanted posters featured a
wigA wig, from the French "ruque", is a head of hair made from horsehair, human hair, wool, feathers, buffalo hair, or synthetic, worn on the head for fashion or various other aesthetic and stylistic reasons, including cultural and religious observance...
and blurred
black-and-whiteBlack-and-white is a number of monochrome forms in visual arts. Most forms of visual technology start out in black and white, then slowly evolve into color as technology progresses....
features
(pictured right).
For years after Shakur's escape, the movements, activities, and phone calls of her friends and relatives—including her daughter walking to school in upper Manhattan—were monitored by investigators in an attempt to ascertain her whereabouts. In July 1980, FBI director
William WebsterWilliam Hedgcock Webster is currently Chairman, Homeland Security Advisory Council. Previously Webster was the Director of the Federal Bureau of Investigation from 1978 to 1987 and Director of Central Intelligence from 1987 to 1991...
said that the search for Shakur had been frustrated by residents' refusal to cooperate, and a
New York Times editorial opined that the department's commitment to "enforce the law with vigor—but also with sensitivity for civil rights and civil liberties" had been "clouded" by an "apparently crude sweep" through a
HarlemHarlem is a neighborhood in the New York City borough of Manhattan, long known as a major African-American residential, cultural, and business center. Originally a Dutch village, formally organized in 1658, it is named after the city of Haarlem in the Netherlands.Harlem has been defined by a series...
building in search of Shakur. In particular, one pre-dawn April 20, 1980 raid on 92 Morningside Avenue, during which FBI agents armed with shotguns and machine guns broke down doors, and rummaged through the building for several hours while preventing residents from leaving, was perceived by residents as having "racist overtones". In October 1980, New Jersey and New York City Police denied published reports that they had declined to raid a
Bedford-Stuyvesant, BrooklynBedford-Stuyvesant is a neighborhood in the central portion of the New York City, USA, borough of Brooklyn. Formed in 1930, the neighborhood is part of Brooklyn Community Board 3, Brooklyn Community Board 8 and Brooklyn Community Board 16...
building where Shakur was suspected to be hiding for fear of provoking a racial incident.
Political asylum in Cuba
Shakur fled to
CubaThe Republic of Cuba is an island country in the Caribbean. It consists of the island of Cuba, the Isla de la Juventud, and several archipelagos. Havana is the largest city in Cuba and the country's capital. Santiago de Cuba is the second largest city. Cuba is home to over 11 million people and is...
by 1984; in that year she was granted
political asylum in that country. The Cuban government pays approximately $13 a day toward her living expenses. In 1985 she was reunited with her daughter, Kakuya, who had previously been raised by Shakur's mother in New York. She published
Assata: An Autobiography, which was written in Cuba, in 1987. Her autobiography has been cited in relation to
critical legal studiesCritical legal studies refers to a movement in legal thought that applied methods similar to those of critical theory to law...
and
critical race theoryCritical Race Theory began as a response to critical legal studies. The earliest writings on Critical Race Theory can be traced to the works of Derrick Bell in the 1960s. CRT is concerned with racism, racial subordination and discrimination...
. The book does not give a detailed account of the events on the New Jersey Turnpike, except saying that the jury "Convicted a woman with her hands up!" The book was published by Lawrence Hill & Company in the United States and Canada but the
copyrightCopyright is a form of intellectual property that gives the author of an original work exclusive right for a certain time period in relation to that work, including its publication, distribution and adaptation, after which time the work is said to enter the public domain...
is held by Zed Books Ltd. of London due to so-called
Son of Sam lawThe phrase Son of Sam Law refers to a type of law designed to keep criminals from profiting from their crimes, often by selling their stories to publishers...
s, which restrict who can receive profits from a book. In the six months prior to the publications of the book, Evelyn Williams, Shakur's aunt and attorney, made several trips to Cuba and served as a go-between with Hill. Shakur's autobiography is one of only two by a female Black Panther, along with
Elaine BrownElaine Brown is an American prison activist, writer, and singer; she is a former chairperson of the Black Panther Party. Brown has declared her candidacy for the Green Party presidential nomination in 2008...
's
A Taste of PowerA Taste of Power: A Black Woman's Story is a memoir written by Elaine Brown. The book follows her life from childhood up through her activism with the Black Panther Party. In the early chapters of the book, Brown recalls growing up on York Street in a rough neighborhood of North Philadelphia...
.
In 1993, she published a second book,
Still Strong, Still Black, with
Dhoruba bin WahadDhoruba al-Mujahid bin Wahad is an American writer and activist, who is a former prisoner, Black Panther Party leader, and co-founder of the Black Liberation Army.-The shooting:...
and
Mumia Abu-JamalMumia Abu-Jamal is an African-American who was convicted and sentenced to death for the December 9, 1981 murder of Philadelphia police officer Daniel Faulkner...
. Shakur's writings have been widely circulated on the
InternetThe Internet is a global system of interconnected computer networks that use the standardized Internet Protocol Suite to serve billions of users worldwide...
. For example, the largely Internet-based "Hands Off Assata!" campaign is coordinated by Chicago-area Black Radical Congress activists. As early as 1998, Shakur has referred to herself as a "
20th century escaped slaveIn the history of slavery in the United States, "fugitive slaves" were slaves who had escaped from their master to travel to a place where slavery was banned or illegal. Many went to northern territories including Pennsylvania and Massachussetts until the Fugitive Slave Act of 1850 was passed...
". In the same
open letterAn open letter is a letter that is intended to be read by a wide audience, or a letter intended for an individual, but that is nonetheless widely distributed intentionally....
, Shakur calls Cuba "One of the Largest, Most Resistant and Most Courageous
PalenquesA quilombo is a Brazilian hinterland settlement founded by people of African origin, Quilombolas, or Maroons...
(
Maroon CampsMaroons were runaway slaves in the West Indies, Central America, South America, and North America, who formed independent settlements together.-History:In the New World, as early as 1512, black slaves had escaped from Spanish and...
) that has ever existed on the Face of this Planet". Shakur is also known to have worked as an English-language editor for
Radio Havana CubaRadio Havana Cuba is the official government-run international broadcasting station of Cuba. It can be heard in many parts of the world including the United States on shortwave at 6,000 kHz and other frequencies...
.
Extradition attempts
In 1997, Carl Williams, the superintendent of the New Jersey State Police wrote a letter to
Pope John Paul IIPope John Paul II , born Karol Józef Wojtyła served as Supreme Pontiff of the Catholic Church and Sovereign of Vatican City from 16 October 1978 until his death almost 27 years later. His was the second-longest pontificate; only Pope Pius IX served longer...
asking him to raise the issue of Shakur's
extraditionExtradition is the official process whereby one nation or state requests and obtains from another nation or state the surrender of a suspected or convicted criminal. Between nation states, extradition is regulated by treaties...
during his talks with President
Fidel CastroFidel Alejandro Castro Ruz is a Cuban politician, one of the primary leaders of the Cuban Revolution, the Prime Minister of Cuba from February 1959 to December 1976, and then the President of the Council of State of Cuba until his resignation from the office in February 2008...
. During the pope's visit to Cuba in 1998, Shakur agreed to an interview with
NBCThe National Broadcasting Company is an American television network and former radio network headquartered in the GE Building in New York City's Rockefeller Center with additional major offices in Burbank,California...
journalist
Ralph PenzaRalph Penza was a senior correspondent and substitute anchor for WNBC in New York City. He first joined WNBC in 1980, left the station in 1995 and rejoined it in October 1997...
. Shakur later published an extensive criticism of the NBC segment, which inter-spliced footage of Trooper Foerster's grieving widow with an FBI photo connected to a bank robbery of which Shakur had been acquitted. On March 10, 1998 New Jersey Governor
Christine Todd WhitmanChristine Todd "Christie" Whitman is an American Republican politician and author who served as the 50th Governor of New Jersey from 1994 to 2001, and was the Administrator of the Environmental Protection Agency in the administration of President George W. Bush from 2001 to 2003. She was New...
asked
Attorney GeneralThe United States Attorney General is the head of the United States Department of Justice concerned with legal affairs and is the chief law enforcement officer of the United States government. The Attorney General is considered to be the chief lawyer of the U.S. government...
Janet RenoJanet Wood Reno is the former Attorney General of the United States . She was nominated by President Bill Clinton on February 11, 1993, and confirmed on March 11...
to do whatever it takes to return Shakur from Cuba. Later in 1998, U.S. media widely reported claims that the
United States State DepartmentThe United States Department of State, often referred to as the State Department, is the Cabinet-level foreign affairs agency of the United States government, similar to foreign ministries, foreign offices, ministries of external relations, etc. in other countries...
had offered to lift the
Cuban embargoThe United States Embargo against Cuba is a commercial, economic, and financial embargo partially imposed on Cuba in October 1960 and strengthened to a near-total embargo in February 1962....
in exchange for the return of 90 U.S. political exiles, including Shakur.
In September 1998, the
United States CongressThe United States Congress is the bicameral legislature of the federal government of the United States of America, consisting of two houses, the Senate and the House of Representatives. Both senators and representatives are chosen through direct election....
passed a non-binding resolution asking Cuba for the "return" of Shakur as well as 90 fugitives believed by Congress to be residing in Cuba; House Concurrent Resolution 254 passed 371–0 in the House and by
unanimous consentIn parliamentary procedure, unanimous consent, also known as general consent, or in the case of the parliaments under the Westminster system, leave of the house, is a situation in which no one present objects to a proposal. The chair may state, for instance: "If there is no objection, the motion...
in the Senate. The Resolution was due in no small part to the lobbying efforts of Governor Whitman and New Jersey Representative
Bob FranksRobert Douglas Franks is a Republican politician. He is a former U.S. Representative from New Jersey....
. Before the passage of the Resolution, Franks stated: "This escaped murderer now lives a comfortable life in Cuba and has launched a
public relationsPublic relations is the practice of managing the communication between an organization and its publics. Public relations gains an organization or individual exposure to their audiences using topics of public interest and news items that do not require direct payment...
campaign in which she attempts to portray herself as an innocent victim rather than a cold-blooded murderer."
In an open letter to Castro,
chairThe chairman is the highest office of an organized group such as a board, committee, or deliberative assembly. The person holding the office is typically elected or appointed by the members of the group. The chairman presides over meetings of the assembled group and conducts its business in an...
of the
Congressional Black CaucusThe Congressional Black Caucus is an organization representing the African American members of the United States Congress. Membership is exclusive to African Americans, and its chair in the 111th Congress is Representative Barbara Lee of California.-Aims:...
Representative
Maxine WatersMaxine Waters is a Democratic member of the United States House of Representatives since 1991, representing California's 35th congressional district . She resides in the Hancock Park area of Los Angeles, which is approximately six miles west of downtown...
of California later explained that many members of the Caucus (including herself) were against Shakur's extradition but had mistakenly voted for the bill, which was placed on the accelerated suspension calendar, generally reserved for non-controversial legislation. In the letter, Waters explained her opposition, calling
COINTELPROCOINTELPRO was a series of covert, and often illegal, projects conducted by the United States Federal Bureau of Investigation aimed at investigating and disrupting dissident political organizations within the United States...
"illegal, clandestine political persecution".
On May 2, 2005, the 32nd anniversary of the Turnpike shootings, the FBI classified her as a "
domestic terroristA domestic terrorist is one who is a citizen of the country the acts of terrorism is directed against. They are often pushing for only certain goals rather than the disestablishment of government as in anarchy...
", increasing the reward for assistance in her capture to $1 million, the largest reward placed on an individual in the history of New Jersey.
New Jersey State Police superintendentThe New Jersey State Police is the state police force for the state of New Jersey. It is a general-powers police agency with state wide jurisdiction, designated by Troop Sectors...
Rick Fuentes said "she is now 120 pounds of money". The bounty announcement reportedly caused Shakur to "drop out of sight" after having previously lived relatively openly (including having her number listed in the
phone bookA telephone directory is a listing of telephone subscribers in a geographical area or subscribers to services provided by the organization that publishes the directory.-Content:...
).
New York City Councilman
Charles BarronCharles Barron is currently a Democratic New York City Councilmember. A former member of the Black Panthers, he is campaigning for Brooklyn Borough President. He contemplated running for mayor of New York City in the 2005 election, and in 2006 was a primary candidate for a seat in the U.S...
, a former Black Panther, has called for the bounty to be rescinded. The New Jersey State Police and Federal Bureau of Investigation each still have an agent officially assigned to her case. Calls for Shakur's extradition increased following Fidel Castro's transfer of presidential duties; in a May 2005 television address, Castro had called Shakur a victim of racial persecution, saying "they wanted to portray her as a terrorist, something that was an injustice, a brutality, an infamous lie".
Cultural impact
A
documentary filmDocumentary film is a broad category of visual expressions that is based on the attempt, in one fashion or another, to "document" reality. Although "documentary film" originally referred to movies shot on film stock, it has subsequently expanded to include video and digital productions that can...
about Shakur,
Eyes of the Rainbow, written and directed by Cuban filmmaker Gloria Rolando, appeared in 1997. The official premier of the film in
HavanaHavana is the capital city, major port, and leading commercial centre of Cuba. The city is one of the 14 Cuban provinces. The city/province has 2.4 million inhabitants, and the urban area over 3.7 million, making Havana the largest city in both Cuba and the Caribbean region...
in 2004 was promoted by Casa de las Américas, the main cultural forum of the Cuban government. The
National Conference of Black LawyersThe National Conference of Black Lawyers , is an American association, formed in 1968, to serve as the Black Liberation movement’s legal arm and aid other black activists, it is made up of judges, law students, lawyers, legal activists, legal workers, and scholars.Noted clients included, Angela...
and
Mos DefDante Terrell Smith is an American actor and MC known by the stage name Mos Def. Mos Def started his hip hop career in a group called Urban Thermo Dynamics, after which he appeared on albums by Da Bush Babees and De La Soul. With Talib Kweli, he formed the duo Black Star, who released the album...
are among the professional organizations and entertainers to support Assata Shakur; The "Hands Off Assata" campaign is organized by Dream Hampton. Hip-hop artist
CommonLonnie Rashid Lynn, Jr. , better known by his stage name Common , is an American actor and rapper....
recorded a tribute to Shakur, "A Song for Assata", on his album
Like Water for ChocolateLike Water for Chocolate is the fourth studio album by American hip hop rapper Common, released March 28, 2000 on MCA Records. It was a considerable critical and commercial breakthrough for Common, receiving generally favorable reviews from major magazine publications and selling 70,000 copies in...
, after traveling to Havana to meet with Shakur personally.
Digable PlanetsDigable Planets is a Grammy Award-winning American Alt Hip Hop group based in New York City, composed of Ishmael "Butterfly" Butler , Craig "Doodlebug" Irving , and Mary Ann "Ladybug Mecca" Vieira...
,
ParisOscar Jackson, Jr. , better known by his stage name Paris is an American hip hop artist from San Francisco, California...
("Assata's Song"), Public Enemy, and
X-ClanX-Clan is a hip hop group from Brooklyn, New York, originally consisting of Grand Verbalizer Funkin' Lesson Brother J, Professor X the Overseer, Paradise the Architect, and Sugar Shaft the Rhythm Provider...
have recorded similar songs about Shakur. Due to her support in the rap and hip-hop community, Shakur has been alternately termed a "rap music legend" or a "minor
cause celebreA cause célèbre is an issue or incident arousing widespread controversy, outside campaigning and heated public debate. The term is particularly used in connection with celebrated legal cases. It is a French phrase in common usage in English...
".
On December 12, 2006 the Chancellor of the
City University of New YorkThe City University of New York , is the public university system of New York City. It is the largest urban university in the United States, consisting of 23 institutions: 11 senior colleges, six community colleges, the William E...
,
Matthew GoldsteinMatthew Goldstein is the current Chancellor of The City University of New York . He was appointed Chancellor on September 1, 1999, and is the first City University graduate to head the University, having received his undergraduate degree from City College...
, directed
City CollegeThe City College of the City University of New York is a senior college of the City University of New York , in New York City. It is also the oldest of the City University's twenty-three institutions of higher learning...
's president, Gregory H. Williams, to remove the "unauthorized and inappropriate" designation of the "Guillermo Morales/Assata Shakur Community and Student Center", which was named by students in 1989, when a student group won the right to use the lounge after a campus shutdown over proposed tuition increases. The decision resulted in a lawsuit from student and alumni groups.
In 1995
Manhattan Community CollegeFounded in 1963, Borough of Manhattan Community College, or BMCC is one of six two-year colleges within the City University of New York system and the only one in Manhattan. Originally, BMCC offered business-oriented and liberal arts degrees for those intending to enter the business world or...
renamed a scholarship which had previously been named for Shakur, following controversy. In 2008, Shakur was featured in a course on "African-American heroes"—along with figures such as
Harriet TubmanHarriet Tubman was an African-American abolitionist, humanitarian, and Union spy during the American Civil War. After escaping from slavery, into which she was born, she made thirteen missions to rescue over seventy slaves using the network of antislavery activists and safe houses known as the...
,
Sojourner TruthSojourner Truth was the self-given name, from 1843, of Isabella Baumfree, an African-American abolitionist and women's rights activist. Truth was born into slavery in Swartekill, New York...
,
John HenryJohn Henry is an American folk hero, famous for having raced against a steam powered hammer and won, only to die in victory with his hammer in his hand...
,
Malcolm XMalcolm X , also known as El-Hajj Malik El-Shabazz , was an African-American Muslim minister, public speaker, and human rights activist. To his admirers, he was a courageous advocate for the rights of African Americans, a man who indicted white America in the harshest terms for its crimes against...
, and
Angela DavisAngela Yvonne Davis is an American political activist and university professor who was associated with the Black Panther Party for Self Defense and the Student Nonviolent Coordinating Committee. Davis was also a notable activist during the Civil Rights Movement and a prominent member and...
—at
Bucknell UniversityBucknell University is a private university located along the West Branch Susquehanna River in the rolling countryside of Central Pennsylvania in the town of Lewisburg, 60 miles north of Harrisburg...
.
Rutgers UniversityRutgers, The State University of New Jersey , is the largest institution for higher education in the state of New Jersey. It was originally chartered as Queen's College in 1766 and is the eighth-oldest college in the United States...
professor H. Bruce Franklin, who excerpts Shakur's book in a class on Crime and Punishment in American Literature, calls her a "revolutionary fighter against imperialism".
Shakur is still a notorious figure among New Jersey law enforcement officials. For example, black (now ex-)Trooper Anthony Reed sued the force, among other things, over posters of Shakur, altered to include Reed's badge number, being hung in Newark barracks, an incident that Reed considered "racist in nature". In contrast, according to Rodriguez, to many "U.S. radicals and revolutionaries" Shakur represents a "venerated (if sometimes fetishized) signification of liberatory desire and possibility".
Further reading
- Belton, Brian A. (2007). Assata Shakur: A Voice from the Palenques in Black Routes: Legacy of African Diaspora. Hansib Publications Ltd. ISBN 978-1-870518-92-5.
External links