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Everyone is out on bail except for political prisoners Jalil Muntaqim and Herman Bell, two of the NY3. The third member, Albert Nuh Washington, died in prison.

Nov. 6, 2008 Court Report

At the November 6 court hearing in the SF 8 case, there were two items of business:

Resolution of both items was put off until November 24.

Setting a date for the Preliminary Hearing

January will mark two years since the arrest of the San Francisco 8 and the hearing to determine whether or not there is a basis for a trial is yet to take place. Prosecution maneuvering regarding the tens of thousands of pages of discovery as well as scheduling conflicts of over a dozen attorneys continue to present a logistical quagmire.

As lawyers opened by presenting their respective schedules, filled with major trials in the next several months, Judge Moscone interrupted to state that he would not listen to scheduling problems and that he proposed starting the Preliminary Hearing on January 5 regardless of conflicts. He said he wanted to conclude this case “while I'm still here.”

However, the prosecution acknowledged that just this week they had given the defense some three thousand pages of new discovery material and added that they have another two thousand or more pages to prepare before disclosing. The judge allowed as to how he had to give the defense time to read the alleged “evidence” against their clients. 

Under pressure from the judge, the Attorney General's office agreed to deliver the remaining discovery materials to the defense by next week. In turn, the defense attorneys agreed to look it over quickly to determine how much time might be needed to fully study it. A follow-up hearing was set for November 24 to make sure that everything has finally been turned over and to set a date for the Preliminary Hearing.

Shackling

Herman Bell and Jalil Muntaqim (aka Anthony Bottom) appeared in court in chains again, bringing the issue of shackling back to this hearing. At the previous hearing, Judge Moscone had ordered the shackles removed, but the Sheriff's Department made an appearance at this hearing to argue that his order did not apply to pre-trial hearings, only to appearances before a jury or witnesses. Judge Moscone restated his order, and indicated that if the Sheriff's Department wanted to dispute his order, they would have to file a motion to be heard, and not just take independent action. This issue also will be revisited on November 24. 

Next court date

November 24 at 9:30 in Judge Philip Moscone's courtroom, 850 Bryant Street at 7th Street.

Committee for the Defense of Human Rights
P.O. Box 90221 Pasadena, CA 91109 (415) 226-1120
E-mail: freethesf8 [at] riseup [dot] net

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