The Stanley Tookie Williams Campaign To Stop Legal Killing November to December 2005 The Stanley Tookie Williams Campaign To Stop Legal Killing November to December 2005 The Call Opposition to the death penalty is the policy of the National Association for the advancement of Colored People, (NAACP) which all of its local units are bound to. Bruce Gordon, National President/CEO invited Alice Huffman, State President of the California NAACP to join him on a conference call at 10 am on November 8th, 2005 to discuss saving Stanley Tookie Williams from execution. Two calls were held with Barbara Becnel, advocate, editor and friend of Stanley Tookie Williams, Rudy Langlias, producer of the film Redemption, Stanley’s attorneys and national staff. These calls triggered one of the most intense NAACP campaign against the death penalty that has been witnessed in recent years. The national NAACP, the State Conference and California local branches joined “The Save Stanley Tookie Williams Campaign” in full force to stop state killings. Why was Stanley Tookie Williams the Catalysts? Stanley Williams, 51 years old was convicted and sentenced to death for the shotgun slaying of Albert Owens, who was a clerk at a 7-11 store in Whittier, California and for three murders 11 days later of Shai – Chen, Yang-Yen, I Yang and Yu-Chin Lin in Los Angeles, at their family owned motel. All of the evidence was circumstantial and had a jury of his peers rendered the decision he may have been found not guilty of those specific crimes. He was removed from Los Angeles, tried in a predominately white venue with an all white jury. Stanley “Tookie” Williams (born December 29, 1953) along with Raymond Washington, was the co-founder, of the Crips, in Compton, a suburb of Los Angeles, California. Initially it was a youth protection organization that grew into one of the most widely-known and notorious street gangs. This no doubt, in discussions with the District Attorney and other law enforcements personnel and the Governor of California, was unofficially the crime for which he was convicted. In 1981 the state of California convicted Williams of murdering Albert Owens, ThsiaShai Yang, Yen-I Yang, and Yee Chen Lin during two robberies and sentenced him to death. Born and raised on the mean streets of south Los Angeles, when he and his friend, Raymond Washington co-founded the Crips, he was only 13 years of age. “We performed mayhem and aggression throughout the city. We terrorized everybody. We made it living hell. We made a mistake. We morphed into a monster.” Williams said. In his books he has written about those days, admitting that as a Crip and drug addict, he was unapproachable, unreachable, unteachable, and incorrigible. “I was miseducated on manhood. I thought that manhood constituted violence, aggression, and womanizing.” He said. While serving time as an inmate at San Quentin Prison, in San Francisco, for the last 16 years on death row, Stanley Tookie Williams made a metamorphic change from a hoodlum and notorious gang leader to a peacemaker and on to a Pied Piper to young children teaching them the destructive influence of gangs, to themselves and to society. His nine children’s books and his memoir, Blue Rage, Black Redemption, were all predicated on persuading youths and adults to not follow his footsteps. Based on these works he was nominated for the Nobel Peace Prize five times and four times for the Nobel Prize for literature for his series of acclaimed books for children. His execution date was set for December 13, 2005. He was executed on that date at 12:01 AM. The Redemption Since his conviction he denounced his life and role as a gang leader, and had written from prison about the harmful effects of gang life. However, he maintained his innocence of the four murders. Williams wrote a series of children’s books popular around the world for their anti-violence message. He also helped broker a truce between the Bloods and the Crips. In 2004, a television movie about his life entitled Redemption: The Stan Tookie Williams Story was released starring Jamie Foxx as Stanley. (From Wikipedia, free encyclopedia). The NAACP has a long rich history of fighting legal lynching of innocent African Americans in this country. In today’s criminal justice system too many African Americans are on death row and murdered by the state on bogus circumstantial evidence. Stanley held to the end that he did not commit those murderers, but that he was guilty of other infractions with the law as a gang member and for that he apologized. In his own words from “Tookie’s Corner” he wrote: “Twenty-five years ago when I created the Crips youth gang with Raymond Lee Washington in South Central Los Angeles, I never imagined Crips’ membership would one day spread to much of the rest of the nation and to cities in South Africa, where Crips copycat The Stanley Tookie Williams Campaign to Stop Legal Killing gangs have formed. I also didn’t expect the Crips to end up ruining the lives of so many young people, especially young black men who have hurt other young black men. Raymond was murdered in 1979. But if he were here, I believe he would be as troubled as I am by the Crips legacy. California local leaders without hesitation agreed to do whatever they could to Save Stanley Tookie Williams. This call was the Wednesday before Thanksgiving and a meeting with the National President was scheduled for that following Saturday morning after his visit to San Quentin to visit Stanley. So today I apologize to you all—the children if America and South Africa—who must cope every day with dangerous street gangs. I no longer participate in the so called gangster lifestyle, and I deeply regret that I ever did. A work group, called by Rev. Nelson B. Rivers, III, Chief Operating Officer, with John Johnson Executive Assistant to the President, John White, Communications Director, and State President Huffman, discussed what a California campaign might look like. From that discussion, based upon 13 days before the scheduled execution, the president developed a Thirteen Day Plan that was taken to the meeting in Oakland’s Marriott Hotel. The room reserved for about 40 hosted was packed with over 100 individuals who had come from across the state, mostly NAACP members, Supervisor, Keith Carson and surprise guest, Tavis Smiley. Reg Weaver, NEA President, Juan Proana, of Plus 3, and national staff participated by phone. The 13 Day plan, which was a simple plan was adopted and executed. A list of attendees is included in Appendix B As a contribution to the struggle to end child –onchild brutality and black –on-black brutality, I have written the Tookie Speaks Out Against Gang Violence children’s book series. My goal is to reach as many young minds as possible to warn you of the perils of a gang lifestyle. I am no longer “dys-educated” (disease educated). I am no longer part of the problem. Thanks to the Almighty, I am no longer sleepwalking through life. I pray that one day my apology will be accepted. I also pray that your suffering, caused by gang violence, will soon come to an end as more gang members wake up and stop hurting themselves and others. I vow to spend the rest of my life working toward solutions.” Amani (Peace), Stanley “Tookie” Williams, Surviving Crips Co-Founder, April 13, 1997 Mr. Williams has won national and international recognition for his work to guide young people toward different choices than those made by him. He was recognized by the White House for community service. His anti-gang work saved many young lives. Because of the weak circumstantial evidence used to convict him, his redemption and his ability to effect good in the gang community, while simultaneously carrying out national policy to stop capital punishment, the NAACP developed an intensive campaign to save Stanley Tookie Williams. It was believed that his positive work from inside prison walls would indeed save future generations of our children from a life of violence. The NAACP Campaign It was clear that Bruce Gordon, National President and CEO was dedicated to saving Stanley, therefore the State President immediately scheduled a conference call with unit Presidents and the State Executive Committee members to share his intent and to inform them that he was making a special trip to California and to San Quentin to visit Stanley. California members participating on the call are listed in Appendix A. The Plan Friday, November 25, 2005, Alice Huffman was in route to the San Francisco Airport to pick up President Bruce Gordon and his wife Tawana for a visit with Stanley Williams, at San Quentin Prison on death row where he has lived since 1981. President Huffman left Sacramento at 7:00 am to meet President Gordon at the San Francisco airport. At 9:40 am, they left the San Francisco Airport and arrived at San Quentin where President Bruce Gordon visited privately with Stanley Tookie Williams until 12:30 pm. After a debriefing they returned to San Francisco at 2:00 pm where they prepared for the meeting with local leaders scheduled for the following morning in Oakland. Every unit committed to doing whatever events were already scheduled by the “Save Stanley Tookie Williams Campaign”. Many units indicated that they would hold a rally, a prayer vigil or some media event in their locale. Because the Governor refused to meet with the National President, it was determined that our case would have to be made through the media. The National Office and the State would conduct a media tour to four different locations around the state to generate maximum media. The four cities selected for the tour were Los Angeles, San Diego, Sacramento and San Francisco. A private jet was obtained and the “Tour for Life” was scheduled on December 6, 2005, two days before the Governor was scheduled to hole a private clemency hearing with Stanley Tookie Williams’ lawyers and the Los Angeles District Attorney. ACTION The “Tour for Life”, December 6, 2005 was the culmination of State and National events. The private jet dignitar- The Stanley Tookie Williams Campaign to Stop Legal Killing ies were: President Bruce Gordon, Tawana Tibbs, Region I Board Member Willis Edwards, Alice A. Huffman, Region I Board Member and California State Conference President, Barbara Becnel, longtime friend, advocate and editor, John White, National NAACP Communications Director, Jesse Phinney, Videographer and Valerie Goodloe, Jet photographer. The format for each person when we arrived was the press was called to order by John White, National NAACP Director of Communications, he introduced the State President, Alice Huffman and she introduced the National President, Bruce Gordon. •Los Angeles Press Conference Los Angeles was the kick off of the tour. Approximately 50 media outlets were in attendance. From this event the NAACP made front page of the Los Angeles Times. There were comments also made by Los Angeles Branch President, Geri Washington, LA Sentinel Publisher, Danny Bakewell, National NAACP Board Member, Willis Edwards, LA City Council Member Bill Rosendahl, Assembly Member Mervyn Dymally; Television Show Judge Greg Mathis; Mike Ferrell, Actor, MASH; and Bonnie Williams Taylor, former wife of Stanley Tookie Williams. •San Diego Press Conference The flight into San Diego was uneventful except the group was late arriving. However, branch members were able to proceed through presentations from very high profiled elected officials and citizens to keep all of the major media there. San Diego was on the list to generate support from a more conservative area and the press attended reflected a high level of interest in Stanley’s case. There were other comments by Douglas Oden, San Diego Branch President; Rob Howard, Oceanside Branch President; Bishop Joyce McKinney; Rabbi Rahion; Abdul Hameeb; Kent Peter, Director, Social Ministries, Catholic Diocese; Rabbi Lloyd Cosky, Executive Director of Inner Faith Community for Workers Justice; Minister Mohammad, and the Nation of Islam. •Sacramento Press Conference The group was able to get back on schedule because ample time had been built in for the longest flight segment of the tour. They arrived in Sacramento, held a pres conference on the north capitol steps where Press covered the President delivering 56,000 petitions from across the world pleading with the Governor to save Stanley’s life. There was a brief meeting with deputies in the Governor’s office who assured us that we would be notified as soon as the Governor made a decision. Others speaking at the press conference were Betty Williams, Sacramento Branch President, Aubrey Stone, President of the Black Chamber of Commerce; James Shelby, President of the Sacramento Urban League; Darnell Cooley, First Vice President, California State NAACP. •San Francisco Press Conference The San Francisco City Hall was the venue. Comments were made by; Rev. Amos C. Brown, President, San Francisco Branch, and pastor of Third Baptist Church, Rabbi Peretz Wolf-prusan, Temple Emanuel Congregation, Dr. Dorsey Blake, Fellowship Church of all People; Rev, Arnold Townsend; Rev. Roland Gordon; Ingleside Presbyterian; Bishop Donald Green; San Francisco Christian Center; Bishop Franzo King; St John African Orthodox Church; Elder James Langston, Jr; Jones Memorial United Methodist; Rev. James McCray. Jr., Hamilton Memorial Church of God In Christ; Dr. James McCray, Jr., Jones Memorial United Methodist; Rev. Shod Riddick, Metropolitan Baptist Church; Rev. Cecil Williams, Glide Memorial Methodist Church; Imman Al-Amin, San Francisco Muslim Community Minister; Christopher Muhammad, Muhammad’s Mosque #26 President Gordon obtained funds to run two full pages in the Los Angeles Times and the Sacramento Bee begging for clemency. California Local Unit Sponsored Events •Stockton Branch Stockton held a very large Prayer Vigil the next evening that garnered statewide media coverage and played all weekend. There were prayers offered by Minister Isaiah Mohammed, Nation of Islam in Los Angeles, California, Evangelist Jeanette Kimmons, and Pastor Larry Hawkins was the guest speaker. Barbara Becnel, who had worked long and tirelessly, in helping Tookie with his books made an impassioned plea for the governor to spare Stanley Tookie Williams, to no avail. They had toured the state of California in order to highlight the massive support to save the life of Tookie; auguring that he would be more useful in turning youth from gangs and inform law-abiding citizens. The governor turned a deaf ear. •The Stockton Youth Council: With over 30 youths in attendance viewed the movie Redemption which depicted the character of Stanley. They also went to a press conference at City Hall and had an interview with National Public Radio. •Rialto / Fontana Branch: The President and members held a prayer vigil at one of their member’s homes and another one at Rialto Blitz on December 12th. •San Mateo Branch: Held prayers at the San Mateo Baptist Church, and St. James AME Church, from 6:30 pm to 9:00 pm led by The Stanley Tookie Williams Campaign to Stop Legal Killing Marie Davis and President Herby Dawkins concurrently. other officials attended an Oakland rally. They also conducted a prayer vigil at the north capitol entrance on December 8th, 2005. Sacramento Branch also participated in organizing the Northern California churches asking for support for clemency. •Sonoma / Santa Rosa County Branch: On December 12, 2005, members participated in the San Francisco and Oakland Rallies on Stanley Williams’ clemency. •Compton Branch Compton received the voice mail from a cell mate willing to swear to the fact that Stanley was set up. They devoted significant energy in assisting in the delivery of the person who made a sworn affidavit. They also held a press conference with the individual attempting to speak to the Governor through the media to hear his evidence. To no avail. •Long Beach Branch: The branch sent a college student to attend a Town Hall press conference. All reports received on their website were disseminated to members and urged them to participate in all activities aimed at saving Williams’ life. Some of the members wrote to the Governor requesting him to grant clemency. They started a program on the death penalty which will take place in February 2006. •Pasadena Youth Council Under the leadership of Chad Hunter, the local college campus held a “Talk IN” on the Stanley Tookie Williams case. •San Jose Branch: On December 4, 2005, the branch conducted a prayer vigil at the local Baptist church. On December 7, 2005 they held a press conference on the Stanley Williams’ clemency issue. •Eureka Branch: Gina Clayton held similar session with her Chapter members and students at USC. Unit Participation in Other Activities Visited their County Supervisor and made a request for a letter to be drafted to be sent to the Governor requesting clemency. A prayer vigil was held at Humboldt College. •East Contra Costa Branch: The branch sent letters to several churches requesting prayers for clemency for Stanley Tookie Williams. •Altadena Branch: Altadena Branch conducted prayer services for clemency for Mr. Williams. The branch members joined our National and State Presidents in Los Angeles and San Diego at the press conferences requesting the Governor to grant clemency. •Beverly Hills / Hollywood Branch: The branch sent representatives to attend the press conference at city hall on December 6, 2005. They had an interview with KABC Radio and one with a newspaper. Willis Edwards, National Board Member who is the branch Vice President attended all press conferences addressed by the National and State Presidents. They held a prayer vigil at the AME church for clemency for Stanley Tookie Williams. •Carson / Torrance Branch: The branch made telephone calls to people requesting them to pray that the Governor would grant clemency to Stanley. •Sacramento Branch: In the month of November 2005, the branch president sent a letter to the Governor requesting clemency for Stanley Tookie Williams. The branch president and The Stanley Tookie Williams Campaign to Stop Legal Killing • Marin held a vigil between 4:30pm and 6:30 pm, at the San Rafael Plaza, in San Rafael, CA • The Freemont branch held a demonstration beginning at 7:15 am, on the steps of Mission San Jose, in Freemont, CA • Woodland held a press conference at the Yolo County Courthouse, from noon to 1:00 pm at the Yolo County Courthouse, in Woodland, CA • San Jose held a vigil in front of City Hall, from noon till 2:00 pm in San Jose, CA, sponsored by the Black Student Union of San Jose City College. • Berkeley held the Screening Of Redemption at 7:00 pm at the Black Repertory Theater in Berkeley, CA. 18 year olds and under were admitted free. Sponsored by the Campaign to End the Death Penalty, Education Not Incarceration, Ella Bake Center--- Books Not Bars, Green Party of Alameda County, International Socialist Organization, Malcolm X Grassroots Movement, and Solidarity Bay Area. • San Diego held a Community Forum at Springfield College from 6:00 pm till 9:00 pm, entitled “The Death Penalty, The Movement: Continuing the Struggle for Justice”, N San Diego, CA. This was a discussion aimed at organizing against the death penalty and in particular defense of Stanley Tookie Williams. • St Mathias Parish held an Ecumenical Service beginning at 7:00 pm in Redwood City, CA. • Palo Alto held a candlelight Vigil in support of Williams’ life on the eve of his scheduled execution at the corner of El Camino and Embarcadero Streets in Palo Alto, CA. nocent men wrongfully imprisoned for decades and then released after DNA evidence proved their innocence. The film focuses on the gripping story of seven men and their emotional journey back into society and the efforts to rebuild their lives. • Oceanside held a candlelight vigil at Mission San Luis Rey, from 9:00 pm till 10:30 pm, in Oceanside, CA. December 13, 2005, Larry King interviewed President Bruce Gordon. It was a favorable interview for the nation to hear the case, but it happened on execution day when Stanley’s fate was sealed. • Chico held a silent candlelight prayer vigil at 7:00 pm in Children’s park, downtown Chico, CA. • San Jose met at Mission Church at 4:00 pm, where they went to Santa Clara University and marched to the Cathedral on Market Street, in San Jose, CA. All were just too little too late! Conclusion Too little too late! Gordon Bradbury Von Ellerman, a cell mate of the gentleman who turned state evidence against Stanley Tookie Williams, was ready to swear to the fact that he witnessed the law enforcement work with his cell mate to frame Stanley. It was alluded to but not announced at the vigil because the claim was being investigated for authenticity and veracity. The phone message to Compton, taped and transcribed is attached along with his sworn affidavit. January 13, 2006, Theatrical Release of Award winning Documentary After Innocence premiered in Los Angeles & Sacramento; A documentary about the innocence tells the dramatic and compelling story of the exonerated – in- A final press conference was called to express our disappointment in the Governor’s decision to not grant clemency. And, the final note for some members of the unit was to attend the execution at San Quentin, for President Gordon it was a telephone message into the funeral services of Stanley Tookie Williams. Did we win or lose? We lost Stanley, but we gained creditability with groups across America who felt isolated and estranged from organizations like the NAACP. We are more invigorated to defeat the death penalty and the state NAACP just supported legislation this week for a moratorium on the capital punishment in California. We believe an opening now exists for the NAACP to lead a program to eliminate gang violence in America. The National NAACP and the California NAACP are in the process of formulating a pilot project towards that end. Index Description Appendix A California Members Participating in the Conference Call, November 23, 2005................6 Appendix B Attendees at the Saturday, November 26, 2005 Meeting..............................................7 Appendix C NAACP Death Penalty Policy......................................................................................9 Appendix D NAACP Letters to the Governor................................................................................. 10 Appendix E Clemency Response................................................................................................. 14 Appendix F Cell Mate’s Affidavit.................................................................................................30 Appendix G Governor’s Denial.................................................................................................... 36 Appendix H The 13 Day Plan...................................................................................................... 42 Appendix I News Paper Ads.....................................................................................................44 Appendix J News Releases........................................................................................................46 Page No. Where Do We Go From Here?......................................................................................................... 59 The Stanley Tookie Williams Campaign to Stop Legal Killing Appendix A California Members Participating in the Conference Call, November 23, 2005 Alice A. Huffman . . . . . . President, California NAACP Darnell Cooley. . . . . . . . . 1st Vice President, California NAACP Gwen Moore. . . . . . . . . . 2nd Vice President, California NAACP Debra Carter-Kelly . . . . . 3rd Vice President, California NAACP Freddye Davis . . . . . . . . . Asst. Secretary, California NAACP, Hayward Branch President Delois Edwards . . . . . . . . Section Director, North, California NAACP Dan Daniels . . . . . . . . . . Section Director, Coastal, California NAACP Kelly Nelum . . . . . . . . . . Section Director, Central, California NAACP Frank Jackson . . . . . . . . . Section Director, West, California NAACP Rob Howard. . . . . . . . . . Section Director, SouthEast, California NAACP, Oceanside Branch President Sandra Thomas . . . . . . . . Section Director, SouthWest, California NAACP Chad Hunter . . . . . . . . . . President, Youth & College, California NAACP Willis Edwards. . . . . . . . . Region I National Board Member Marie Davis. . . . . . . . . . . Reparations Chair Luther Slack . . . . . . . . . . Armed Services Chair, Madera Branch President Claresa Slack. . . . . . . . . . Youth Works Chair Willie Douglas. . . . . . . . . Religious Chair Ida M. Johnson. . . . . . . . . Education Chair LaJuana Bivens. . . . . . . . . Membership Chair Bobby Bivens. . . . . . . . . . Economic Development Chair, Stockton Branch President Cynthia Summers. . . . . . Housing Chair Carolyn Veal-Hunter Legal Redress Chair Catherine Henry . . . . . . . Industry Chair Pat Washington . . . . . . . . WIN Chair Olivia Verrett . . . . . . . . . Community Coordinator Chair, Carson/Torrance Branch President Ron Hasson. . . . . . . . . . Image Awards Chair, Beverly Hills/Hollywood Branch President Tony Alexander . . . . . . . . Labor Chair Rick Callender. . . . . . . . . Executive Committee Member, California NAACP, San Jose Branch President Karl Hoffower. . . . . . . . . Executive Committee Member, California NAACP Nate White. . . . . . . . . . . Executive Committee Member, California NAACP Carol Alleye. . . . . . . . . . . Salinas Branch President Dr. Amos Brown. . . . . . . Region I National Board Member, San Francisco Branch President Herby Dawkins . . . . . . . . San Mateo Branch President Deborah Hill . . . . . . . . . . Santa Cruz Branch President Ben Terry. . . . . . . . . . . . . Santa Rosa/Sonoma Branch President Walter Walthall . . . . . . . . Butte County Branch President A.V. Powell . . . . . . . . . . . Eureka Branch President April Harris. . . . . . . . . . . Lake County Branch President Betty Williams. . . . . . . . . Sacramento Branch President Tommie Philips . . . . . . . . Tri-City Branch President Rose Tyson . . . . . . . . . . . Vallejo Branch President George Holland . . . . . . . . Oakland Branch President Roger Henry. . . . . . . . . . East Contra Costa County Branch President Loraine Watts. . . . . . . . . Lake Elisnore Branch President Donald Craig. . . . . . . . . . Orange County Branch President Ellen Turner . . . . . . . . . . Rialto/Fontana Branch President Woddie Rucker-Hughes Riverside Branch President Walter Jarmen . . . . . . . . . San Bernardino Branch President Douglas Oden . . . . . . . . . San Diego Branch President Ronnie Jones . . . . . . . . . . San Gabriel Branch President Lillian Walker . . . . . . . . . Victor Valley Branch President Shirley Miles-Harris. . . . . Bakersfield Branch President Ed Bailey . . . . . . . . . . . . . Fresno Branch President Eddie Edwards. . . . . . . . . Indian Wells Valley Branch President Willie McDaniels. . . . . . . Modesto Branch President Michelle Allison . . . . . . . Merced Branch President Fredrick Shaw. . . . . . . . . Compton Branch President Regina Tennelle. . . . . . . Inglewood/South Bay Branch President Geraldine Washington Los Angeles Branch President Joe Brown. . . . . . . . . . . . Pasadena branch President Darrell Goode . . . . . . . . . Santa Monica Branch President Gina Clayton. . . . . . . . . . Region I National Board Member Sheron Wright. . . . . . . . . Staff, California NAACP Debra Henry . . . . . . . . . . Staff, A. C. Public Affairs The Stanley Tookie Williams Campaign to Stop Legal Killing Appendix B Attendees at the Saturday, November 26, 2005 Meeting Bruce Gordon. . . . . . . . . Tawana Tibbs . . . . . . . . . Alice A. Huffman . . . . . . Darnell Cooley. . . . . . . . . Gwen Moore. . . . . . . . . . Debra Carter-Kelly . . . . . Freddye Davis . . . . . . . . . Delois Edwards . . . . . . . . Dan Daniels . . . . . . . . . . Kelly Nelum . . . . . . . . . . Frank Jackson . . . . . . . . . Rob Howard. . . . . . . . . . Sandra Thomas . . . . . . . . Willis Edwards. . . . . . . . . Chad Hunter . . . . . . . . . . Marie Davis. . . . . . . . . . . Luther Slack . . . . . . . . . . Claresa Slack. . . . . . . . . . Ida M. Johnson. . . . . . . . . Willie Douglas. . . . . . . . . Cynthia Summers. . . . . . Catherine Henry . . . . . . . Tony Alexander . . . . . . . . Glenna Brambill . . . . . . . Karl Hoffower. . . . . . . . . Gerald Martin . . . . . . . . . Mel Mason . . . . . . . . . . . Carol Alleye. . . . . . . . . . . Deborah Hill . . . . . . . . . . President, National NAACP National NAACP President, California NAACP 1st Vice President, California NAACP 2nd Vice President, California NAACP 3rd Vice President, California NAACP Asst. Secretary, California NAACP Section Director, California NAACP Section Director, California NAACP Section Director, California NAACP Section Director, California NAACP Section Director, California NAACP Section Director, California NAACP Region I National Board Member President, Youth & College, California NAACP Reparations Chair, California NAACP Armed Services Chair, Madera Branch President Youth Works Chair, California NAACP Education Chair, California NAACP Religious Chair, California NAACP Housing Chair, California NAACP Industry Chair, California NAACP Labor Chair, California NAACP Member at Large, California NAACP Member at Large, California NAACP El Cerrito Branch President Monterey Peninsula Branch President Salinas Branch President Santa Cruz Branch President Ben Terry. . . . . . . . . . . . . Walter Walthall . . . . . . . . Thurdell Wickliff . . . . . . April Harris. . . . . . . . . . . Betty Williams. . . . . . . . . Tommie Philips . . . . . . . . Rose Tyson . . . . . . . . . . . George Holland . . . . . . . . Roger Henry. . . . . . . . . . Loraine Watts. . . . . . . . . Donald Craig. . . . . . . . . . Shirley Miles-Harris. . . . . Ed Bailey . . . . . . . . . . . . . Eddie Edwards. . . . . . . . . Willie McDaniels. . . . . . . Michelle Allison . . . . . . . Cynthia Philips . . . . . . . . Ashley Willis. . . . . . . . . . Laura Byrd . . . . . . . . . . . Rev. Al Covington . . . . . . Marque Richardson. . . . . Rene Lopez . . . . . . . . . . . Dr. Caesar Churchwell Hubert Bennett, Jr. . . . . . Kevin Kelly . . . . . . . . . . . David West . . . . . . . . . . . Frank Brown . . . . . . . . . . Sean Dugar. . . . . . . . . . . Ray Carlisle . . . . . . . . . . . Sandra Anderson. . . . . . . Donald Cooper. . . . . . . . . Gay Cobb. . . . . . . . . . . . . Lori Hill . . . . . . . . . . . . . Roshon Green. . . . . . . . . Velma Sykes . . . . . . . . . . Willie Jeffery . . . . . . . . . . Al Brown. . . . . . . . . . . . . Rev. Ronnie Murray, Jr. Rev. Harry Hodge. . . . . . Cameron Brown . . . . . . . Bernard Nelson . . . . . . . . Zephanii Smith . . . . . . . . Semaj Thompson. . . . . . . Santa Rosa Branch President Butte County Branch President Berkeley Branch President Lake County Branch President Sacramento Branch President Tri-City Branch President Vallejo Branch President Oakland Branch President East Contra Costa County Branch President Lake Elsinore Branch President Orange County Branch President Bakersfield Branch President Fresno Branch President Indian Wells Valley Branch President Modesto Branch President Merced Branch President Tri-City Branch Member Stockton Branch Member Sacramento Branch Member Oakland Branch Member Los Angeles Branch Member Sacramento Branch Member San Francisco Branch Member Oakland Branch Member Oakland Branch Member San Francisco Branch Member Berkeley Branch Member Berkeley Youth & College Member Altadena Branch Member Altadena Branch Member Oakland Branch Member Oakland Branch Member Berkeley Branch Member Sacramento Branch Member Sacramento Branch Member Oakland Branch Member Stockton Branch Member Stockton Branch Member Stockton Branch Member Stockton Youth & College Member Oakland Branch Member Stockton Youth & College Member Stockton Youth & College Member The Stanley Tookie Williams Campaign to Stop Legal Killing Appendix B Attendees at the Saturday, November 26, 2005 Meeting (Continued) Amaka Okechukwu. . . . . University Southern California Member Gina Clayton. . . . . . . . . . Region I National Board Member, President, University Southern California College Chapter Catherine Balbas . . . . . . . Madera Branch Member Elce Murphy, Jr.. . . . . . . . Madera Branch Member Michael Jordan. . . . . . . . . San Francisco Branch Member Errol Bullen. . . . . . . . . . . San Francisco Branch Member Danyell Middleton. . . . . . Altadena Youth & College Member Leova Rainey. . . . . . . . . . NAACP Member Mondaire Jones . . . . . . . . Stanford College Chapter Jacqueline Johnson. . . . . Orange County Branch Member Ann Byrd. . . . . . . . . . . . . Santa Rosa / Sonoma Branch Member, ACLU Deborah Wright . . . . . . . Hayward Branch Member Al Davis . . . . . . . . . . . . . Hayward Branch Member Maudine Pembleton. . . . . Hayward Branch Member Calvin Pembleton . . . . . . Hayward Branch Member Rev. John Thomas . . . . . . Hayward Branch Member Chris Daniels . . . . . . . . . San Francisco Branch member Alphonso Galloway . . . . . Oakland Branch Member Jasmyne Cannick . . . . . . Reporter Chauncey Bailey. . . . . . . Reporter, Oakland Post Jonathan Stack. . . . . . . . . Gabriel Films Akida Bailey . . . . . . . . . . Gabriel Films Mark Stroman . . . . . . . . . Entertainment Marketing Partners Segretta Woodard-Baisden. . . . . . Business Professional Women Stefanie Faucher . . . . . . . Program Director, Death Penalty Focus Lance Lindsey . . . . . . . . . Executive Director, Death Penalty Focus Oliver Unaka. . . . . . . . . . President/CEO Elite PR Firm Sandra Andrews. . . . . . . Congresswoman Barbara Lee’s Office Keith Carson . . . . . . . . . . Alameda County Supervisor Barbara Becnel. . . . . . . . . Save Stanley Tookie Williams Committee Kathleen Sullivan . . . . . . Save Stanley Tookie Williams Committee Rudy Langlis . . . . . . . . . . Film Producer, Director, “Redemption” Vic Bulluck. . . . . . . . . . . NAACP Hollywood Bureau John Wellstone. . . . . . . . . Democratic Club George Wellstone . . . . . . Democratic Club Laniece Jones . . . . . . . . . BWOPA Alona Clifton. . . . . . . . . . Peralta Community College Trustee Tavis Smiley . . . . . . . . . . Media Commentator Sheron Wright. . . . . . . . . Staff, California NAACP Debra Henry . . . . . . . . . . Staff, A. C. Public Affairs National NAACP Staff & Guests (via Phone) Rev. Nelson Rivers III COO John Johnson . . . . . . . . . Executive Asst. to the President John White. . . . . . . . . . . Communication Director Reg Weaver . . . . . . . . . . . National Education Association Juan Proano . . . . . . . . . . Plus Three LP The Stanley Tookie Williams Campaign to Stop Legal Killing Appendix C NAACP Death Penalty Policy Reaffirming Opposition to the Death Penalty Adopted WHEREAS, the NAACP adopted a resolution in 2001 re-affirming our opposition to the death penalty due to its racially disparate application; and WHEREAS, the NAACP has re-affirmed its 1975 resolution opposing the death penalty on the grounds that it constitutes cruel and unusual punishment in violation of the Eighth Amendment of the United States Constitution; and WHEREAS, many people, including Mumia Abu-Jamal, are incarcerated on death row and face possible execution; and WHEREAS, more than 320 people on death row have been exonerated; and WHEREAS, though African Americans make up only 12.4% of the U.S. population, we make up 38% of all the Americans that were sentenced to death and later freed after being found innocent; and WHEREAS, African Americans make up 35% of those found innocent after being executed; and WHEREAS, African Americans make up over 80% of those awaiting execution on federal death row; and WHEREAS, 145 people have been exonerated based on DNA evidence; and WHEREAS, there is no possible way of restoring the life of an innocent person killed by the death penalty; and WHEREAS, the implementation of the death penalty raises concerns regarding biased identification, police and prosecutorial misconduct, judicial apathy in protecting the rights of the accused, faulty evidence, inadequate defense representation, coerced confessions, and fabricated testimony. THEREFORE, BE IT RESOLVED, that the NAACP reiterates its strong opposition to the death penalty; and BE IT FURTHER RESOLVED, that the NAACP call on its units throughout the United States, and the world, to support the international call for Mumia Abu-Jamal to be released from death row; and BE IT FURTHER RESOLVED, that the NAACP reiterate its support of the international movement for a new and fair trial for Mumia Abu­ Jamal; and BE IT FINALLY RESOLVED, that the NAACP renew its call for new nationwide studies on racial discrimination, the adequacy of counsel, access to modern research technology such as DNA analysis, the sentencing of children and women to the death penalty and that the NAACP reiterate its call for a national moratorium on all executions. The Stanley Tookie Williams Campaign to Stop Legal Killing Appendix D NAACP Letters to the Governor - Bruce Gordon NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE 4805 MT. HOPE DRIVE • BALTIMORE, MD 21215-3297 BRUCE S. GORDON President & Chief Executive Officer • (410) 580-5777 JULIAN BOND Chairman, Board of Directors November 29, 2005 The Honorable Arnold Schwarzenegger Governor of California, State Capitol Building Sacramento, California 95814 Dear Governor Schwarzenegger: The National Association for the Advancement of Colored People requests you to grant clemency to Stanley “Tookie” Williams. For nearly one hundred years, the NAACP has fought to eliminate race prejudice and discrimination. This organization has historically recognized that prejudice, race discrimination, and the inability to obtain adequate counsel have resulted in the disparate application of the death penalty to African Americans. Studies continue to show that race plays a major role in determining whether a defendant will receive the death penalty. According to a noted study by David Baldus, blacks receive the death penalty at a 38% higher rate than all other races. Also, studies consistently show that those who kill whites face a greater chance of receiving the death penalty than those who kill blacks. In 2002, the NAACP called on President George W. Bush, governors and state legislatures to adopt a moratorium on the death penalty until, among other things, procedures could be adopted to remedy these racial disparities. As result of the many issues that have been raised regarding racial disparities and the unfair administration of the death penalty, legislation has been introduced in a number of states to impose moratoriums or abolish the death penalty altogether. Stanley Williams’ trial was not immune to these disparities. Not only were African American citizens stripped from Stanley Williams’ jury pool, but he was likened to a Bengal Tiger during closing arguments. These practices offend notions of judicial fairness. The NAACP does not ask that you re-examine Stanley Williams’ innocence or guilt, nor do we ask you to evaluate the appropriateness of his sentence. Rather, we ask that you show mercy toward a human being who has, in spite of his circumstances, become a strong voice against gangs, violence and drugs. Stanley Williams has renounced gang affiliation and has publicly apologized for his role in gang violence. He has become an accomplished author, activist, and mentor and has received five Nobel Peace Prize nominations, four Nobel Prize for Literature nominations, and the 2005 Presidential Call Service Award for his volunteer work to save youth. Few hold these accomplishments to their credit. Most importantly, Stanley Williams has vowed to spend the rest of his life working toward solutions to abolish gang violence. The NAACP has historically recognized the importance of the incarcerated and the significant impact they can have on the lives of others. For over thirty years, it has worked to establish 45 prison branches around the United States to help the incarcerated develop their voice, so they can someday realize their potential and pour back into the community, at large. Stanley Williams has done just that. America must invest its efforts into persevering Stanley Williams’ voice and the potential he has to impact and save our youth, instead of devoting its energy into the myth that executions decrease crime. If Stanley Williams is executed, his death will have a chilling effect on the momentum he has created around the negative impact of gangs and gang violence. If he is executed, we will never know what future impact Stanley Williams might have had on society. The NAACP respectfully requests that you exercise the mercy only you have been entrusted with the authority to bestow and grant Stanley “Tookie” Williams clemency. If you do not grant clemency, we ask that you issue a moratorium on the death penalty until the California Commission on the Fair Administration of Justice has made its recommendations to you and the Legislature, pursuant to Senate Resolution No. 44. Very Truly Yours, Bruce S. Gordon 10 The Stanley Tookie Williams Campaign to Stop Legal Killing Appendix D NAACP Letters to the Governor - Alice Huffman C ALIFORNIA S TATE C ONFERENCE OF THE N ATIONAL A SSOCIATION FOR THE A DVANCEMENT OF C OLORED P EOPLE 1315 I Street, Suite 200 • Sacramento, CA 95814 • (916) 498-1898 • Fax (916) 498-1895 Alice A. Huffman President Honorable Arnold Schwarzenegger Governor Office of the Governor State Capitol Building Sacramento, CA 95814 Dear Governor Schwarzenegger: The California State Conference of the NAACP writes to urge you to grant clemency to Mr. Stanley Tookie Williams. Mr. Williams is scheduled to be executed December 13, 2005, at the San Quentin State Prison. Stanly Williams was accused of murdering four people. He has always maintained his innocence and there are many facts to back up his claim. His trial was based on circumstantial evidence and the testimony of several witnesses, all of whom were facing a range of felony charges. This letter is a plead to get you to spare the life of a man that has transformed and turned his life around. As a result, Mr. Williams has done good deeds in society. He has written 9 internationally acclaimed books that educate young people to avoid gangs, crime and incarceration. Also, he works to end gang violence through his peace protocol and Internet Project for Street Peace, a peer mentoring project. Through his continued crusade, Mr. Williams has saved the lives of over 150,000 youth and has been recognized by the President of the United States, for his volunteer work to help youth. Just as the 9th Circuit Court recommended that clemency should be granted by the Governor due to his “laudable” accomplishments, we too feel that he should be given another chance at life and the opportunity to keep doing good deeds and making a difference. We respectfully request your highest consideration for granting clemency to Mr. Stanly Tookie Williams. Sincerely, Alice A. Huffman President AAH/srw The Stanley Tookie Williams Campaign to Stop Legal Killing 11 Appendix D NAACP Letters to the Governor - Rev. Julius C. Hope NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE 4805 MT. HOPE DRIVE • BALTIMORE, MD 21215-3297 BRUCE S. GORDON President & Chief Executive Officer • (410) 580-5777 JULIAN BOND Chairman, Board of Directors December 2, 2005 Honorable Arnold Schwarzenegger Governor, State of California State Capitol Building Sacramento, CA 95814 Dear Governor, We the faith based community, urge you to grant clemency to Stanley “Tookie” Williams whose execution has been scheduled by the State of California on December 13, 2005. A primary and important tenet of every belief system is founded on the ability of human beings to change. While the NAACP has adopted resolutions opposing the use and disparate application of the death penalty, this specific matter goes to the heart of every individual’s ability to change. Historically, it is not difficult to demonstrate that individuals who have been incarcerated for any period of time for a crime, especially several months or years, continues to grow and develop. Often times we have noted that they are a very different person than the one who was convicted. For those who believe that the State killing of Stanley Williams today would in anyway be fulfilling justice would mean the forever denying of forgiveness, or the recognition of human beings to grow, learn and change. While we are keenly aware of the adverse effects of crime in today’s society, we also understand that the price cannot be paid or satisfied by the death of someone who has made contributions to reach out to those habitually forgotten individuals, whom society does not pay attention or invest in until they are caught up in an ugly vicious cycle of survival. Sadly, as has been documented, more dollars are spent to incarcerate rather than invested to educate and provide opportunities. We are not requesting, nor seeking to send a message that criminal actions or behavior will be tolerated, nevertheless it is important to send a message to those who have been not only incarcerated, but also find themselves to have made poor decisions in the past that forgiveness involves changing your behavior and improving of your character. Stanley Williams, through his writings and efforts has made great strides to demonstrate positive change. He has openly expressed remorse for his actions and asked for forgiveness. His attempts have even merited national recognition, including being nominated for the Nobel Peace Prize five times and nominated for the Nobel Price in Literature four times, for seeking to deter young people from youth violence and gangs. It is our prayer that God would grant you insight and wisdom in this matter. Hatred and anger will not move us forward as a society; forgiveness allows us to let go of the past and advance. You are standing in a defining moment in history. You are in a position to save a changed and productive life, becoming the first Governor from the State of California, to exercise the power of clemency in over three decades. Mr. Williams will spend the remainder of his natural life in prison. Daily he will be able to relive, reflect, regret, and continue to redeem himself to society. The granting of clemency in this matter will reach far beyond San Quentin, into the community sending a positive message to the youth across this nation that if you fall down you can get up and there are people willing to give them a second opportunity to do the right thing. 12 The Stanley Tookie Williams Campaign to Stop Legal Killing Appendix D NAACP Letters to the Governor - Rev. Julius C. Hope (Continued) Governor Schwarzenegger Page (2) December 2, 2005 The British philosopher Edmond Burke states and I quote “While good folks keep silent evil triumphs.” Your silence will allow evil to continue and it would not serve the community or society if evil prevails and this man, this soul, this human being is put to death on Tuesday, December 13, 2005. Therefore, Governor Schwarzenegger, let God use you in times like these that try men’s souls, and grant clemency to Stanley Tookie Williams. Thank you for your positive consideration in this matter. Respectfully and Humbly Submitted, Rev. Julius C. Hope Director, Religious Affairs Department – NAACP * JCH:rgf/sj Governor Schwarzenegger Page (3) December 2, 2005 *Nationally Recognized Faith Organizations in support of this request, and additional signers. Dr. Major L. Jemison, President Progressive National Baptist Convention, Inc. Bishop George W. C. Walker, Senior Bishop African Methodist Episcopal Zion Church Reverend Stephen J. Thurston, President The National Baptist Convention of America, Inc. Bishop Floyd E. Perry, Board Member Church of God In Christ Dr. Melvin von Wade, President National Missionary Baptist Convention of America The Honorable Minister Louis Farrakhan The Nation of Islam Senior Bishop Marshall Gilmore Christian Methodist Episcopal Church Rabbi David N. Saperstein, Vice Chairman Religious Action Committee of Reform Judaism Director and Council Bishop Philip Robert Cousin, Senior Bishop African Methodist Episcopal Church Fourth Episcopal District The Stanley Tookie Williams Campaign to Stop Legal Killing 13 Appendix E Clemency Response (1 of 16) November 21, 2005 REPLY PETITION FOR EXECUTIVE CLEMENCY On behalf of STANLEY TOOKIE WILLIAMS Respectfully Submitted To The Honorable Arnold Schwarzenegger Governor Of The State Of California Ƈ Ƈ Ƈ [Clemency] is a part of the Constitutional scheme. When granted it is the determination of the ultimate authority that the public welfare will be better served by inflicting less than what the judgment fixed. Justice Oliver Wendell Holmes (1927) 14 The Stanley Tookie Williams Campaign to Stop Legal Killing Appendix E Clemency Response (2 of 16) Preface To Reply The petition seeking clemency on behalf of Stanley Tookie Williams was delivered to the Governor’s Office on November 8, 2005. In the following week, the police and a prison official engaged in conduct which can only be characterized as dishonorable and contrary to everything that justice in this country represents. On Tuesday, November 15, 2005, a representative from the Fontana Police Department told print and television media that a warrant had been issued for one Lafayette Jones, a known sex offender, for raping a 13 year old child. The police identified Mr. Jones as the son of Stanley Tookie Williams. This was a lie. The media attention which followed on television, in print, and on the internet has parroted this lie -- showing pictures of Stanley Tookie Williams and focusing on the relationship to Stanley Tookie Williams. The effect of the story and the imagery was to falsely link Stanley Tookie Williams to an alleged rapist in the mind of the public at exactly the time his clemency petition is pending. With minimal effort we have determined that Lafayette Jones is the 36 year old son of a 59 year old man named Stanley Williams, not 52 year old Stanley Tookie Williams whose clemency request is pending. The attached declaration of Janice Anderson, Lafayette Jones’ mother, exposes this false but broadly publicized police accusation: I, Janice Anderson, hereby declare under penalty of perjury: The man known in the news media as Lafayette Jones who is a fugitive from a rape charge is not the son of Stanley Tookie Williams. I am Jones’ mother. (Ex. 1) Also attached is the declaration of our investigator, Raymond Stevens, who spoke with Mrs. Anderson. Mrs. Anderson informed Mr. Stevens that she had contacted the Fontana Police immediately after hearing the false report that her son’s father was Stanley Tookie Williams. She was told by a police sergeant that “it did not matter.” The sergeant excused the lie as a purported police tactic. The Stanley Tookie Williams Campaign to Stop Legal Killing 15 Appendix E Clemency Response (3 of 16) Mrs. Andersen further informed Mr. Stevens that she and her husband “are very concerned about these false reports not only because of the damage it is doing to Stanley Tookie Williams but also to their son Lafayette Jones.” They are “both very upset that the police and the news media were continuing to report falsely that Lafayette Jones was the son of Stanley Tookie Williams even after they had both been informed by her and other relatives that this was not true.” (Ex. 2) This was followed two days later, on Thursday, November 17, 2005, by statements from Vernell Crittendon, the spokesperson for San Quentin State Prison, that he suspected “Stanley Williams of orchestrating gangland crimes from his cell.” This inflammatory allegation, which was indiscriminately repeated in the print and television media, and on the internet, is false and is flatly contradicted by official San Quentin documents to which Mr. Crittenden certainly has complete access. An official San Quentin Institutional Classification Committee (ICC) Summary dated August 5, 2004, reported upon an interview of Stanley Williams and a review of his conduct as a prisoner at San Quentin. Among other things, it states: Lt. G. Fuller stated that during his assignment in East Block he has not observed Williams in any gang involvement. ICC commended Williams on his positive program over the last ten years. Williams thanked ICC for their respectful treatment. The ICC Summary also notes that Stanley Williams’ last disciplinary infraction was on July 6, 1993. (Ex. 3) This San Quentin report is supported by statements from the Los Angeles Police Department whose spokeswomen, April Harding, recently stated there is no evidence of any illegal gang activity on Stanley Williams’ part. (Ex. 4) Daniel Vasquez, warden at San Quentin from 1983 to 1993, was recently quoted as saying, in reference to Crittendon’s statements, that he had never seen such an inflammatory statement in a news release from the prison, and that it was “like they’re trying to drum up business for death row.” (Ex. 4) This type of conduct from law enforcement is incompatible with justice. To the contrary, it is official misconduct. -ii- 16 The Stanley Tookie Williams Campaign to Stop Legal Killing Appendix E Clemency Response (4 of 16) The Honorable Arnold Schwarzenegger Governor of California State Capitol Building Sacramento, California 95814 Dear Governor Schwarzenegger: The choice is life or death. The decision falls entirely upon you as Governor. Its consequences are irreversible. Stanley Williams will die by lethal injection, or he will live to pursue his work of helping others. The landscape of this petition is clear. California has the death penalty, although the administration of justice and the manner in which the death penalty is being applied are currently the subject of review by a non-partisan commission.1 The constitutional power of the chief executive to grant clemency and commute a death sentence to life in prison is clear. The petitioner, Stanley Williams, has been convicted of four murders which he denies. The truth of his personal redemption, and his unceasing and successful efforts to reach our youth, is beyond challenge. It is within this landscape that your decision, and the message it sends, must rest. The easier course would be to follow the practice of your predecessor and avoid personal responsibility by resolutely deferring to the result of the judicial process. We do not see you as that kind of man or Governor. We read of your life and of your decision to enter the arena of public service as motivated by a desire to improve the lives of Californians. We see a man with the courage to speak his own mind and to follow his own heart. You could not otherwise have forged the life you have led. We understand that your obligation as Governor is to decide what is in the best interest of the people of the State you govern. We have detailed our view 1 This petition seeks clemency, not delay. Yet there is an obligation to note that the Legislature, as early as January 2006, will vote on Assembly Bill 1121 which would immediately suspend all executions pending the report of the California Commission on the Fair Administration of Justice which is due no later than December 31, 2007. It would be ironic and tragic if Stanley Williams became the last human being in history to die by execution in the State of California. The Stanley Tookie Williams Campaign to Stop Legal Killing 17 Appendix E Clemency Response (5 of 16) - allowing Stanley Williams to live and continue his work will, as a matter of continuing positive impact and example, serve the greater interest. It will also tell those to whom Stanley Williams speaks that California and its Governor know their plight, have heard their voices, and care for their future. As a school teacher in Oakland, California who is concerned about youth violence and involvement in gangs, Stanley Tookie Williams’ life should be spared. Tookie, as he is known, has been doing exceptional work with anti-gang and anti-violence. . . . If you are concerned about the youth in our society who are living in impoverished conditions and are more vulnerable to gang-violence and affiliation, you would grant Tookie clemency and continue his work as a peacemaker and a peacekeeper. Gina M. Hill Street Academy, Oakland The Response of the District Attorney The response of the District Attorney was as expected. It recounts Stanley Williams’ conviction and life only until 1993, the last time he was cited for an infraction in prison. It ignores but does not challenge Stanley Williams’ redemption, and the impact of his message. The response seeks death and rejects mercy. It dismisses rehabilitation. Yet, it cannot deny the principal basis of our petition -- that, for more than a decade, a redeemed Stanley Williams has sent a message of hope and purpose to those who live in the most difficult of circumstances. The District Attorney writes: In the petition in support of Williams’ request for clemency, the claim is made that Stanley Williams is today a different man. Even if that were the case, the jury’s determination . . . should be carried out. (Response at 48-9) (emphasis added) The District Attorney thus urges you to follow the easier course -- that the court system has ordered death and that ends the matter. This is not true or else -2- 18 The Stanley Tookie Williams Campaign to Stop Legal Killing Appendix E Clemency Response (6 of 16) the constitutional power of clemency would not exist. Clemency is relevant only after the courts have denied legal relief. Clemency does not reverse the judicial process. It is concerned with factors beyond the purview of the courts. Just days ago, Chief Justice Ronald George of the California Supreme Court publicly stated during a radio interview: Clemency exists more or less for the Governor to exercise authority given him or her under the Constitution to provide mercy. . . . [Clemency] is, in a way, an extra-legal -- in the sense of outside the strictly legal process -- function that the Governor has, and that is quite separate and apart from petitions . . . that are being filed in our Court that involve legal questions. The District Attorney’s position is inconsistent with a justice system which overtly favors and encourages rehabilitation of the imprisoned, and at the least should encourage efforts to teach the benefits of lawfulness. It would be more consistent with the true goals of law enforcement and of society to acknowledge the value of Stanley Williams’ personal redemption and, more importantly, the value of his message to the youth of this State and this great Nation. The District Attorney ignores the needs of our disadvantaged youth and the enduring truth of what you wrote as a private citizen on August 16, 2000 in the Los Angeles Times: At a time of unsurpassed prosperity, one out of five American children lives in poverty. This isn’t a Republican or Democratic issue; it’s an American issue. What can we do for the kids who look into the future and see only gangs, drugs, and violence? When we tell them to just say “no”, we have to give them something to say “yes” to. . . . The American dream? In the inner cities, children don’t even dare to dream. The message: Don’t bother. You’ll never make it. You’re a loser. -3- The Stanley Tookie Williams Campaign to Stop Legal Killing 19 Appendix E Clemency Response (7 of 16) How many [inner city children] learn the discipline and determination, the motivation? How many hear the simple messages of self worth that would let them even glimpse their own daring? Instead, they’re told that they’re trapped. . . . We can help these children bridge the gaps created by hardship and hopelessness. We can help them get the drive, focus, attention, skills and pride that lead to hope. We can get all our kids up to the same starting line. That’s what programs like the Inner-City Games offer. And the kids are hungry for it. (Ex. 5) This is the message the District Attorney should be endorsing. It is the message the District Attorney should be sending. Law enforcement which focuses only on punishment breeds anger. It sends a message of discrimination. It is incomplete. Ultimately, it is a system which is destined to fail. The District Attorney questions Stanley Williams’ personal redemption because Stanley Williams protests his innocence. For reasons of their own, public prosecutors historically and consistently have encouraged “cooperation” and “confession” in exchange for penal rewards. This cannot mean that a refusal to make a false confession should be penalized. That Stanley Williams refuses to make a false confession, knowing it could benefit him penally, shows the strength of his character. It is not arrogance. The District Attorney also claims the absence of personal redemption because Stanley Williams will not compromise his personal convictions by submitting to “debriefing.” The District Attorney demands that Stanley Williams prove his personal redemption by assuming the role of “informant” which, in a free society, only the police and prosecutor treat as an act of honor. The District Attorney also points to Stanley Williams’ history of prison infractions. (Response at 39-40) The list ends in 1993, some twelve years ago. The District Attorney thereby supports our point of personal change and redemption. Stanley Williams entered San Quentin one man. Since 1993, he has become another. (See attached letter of Dr. L. Thomas Kucharski, Ex. 6) -4- 20 The Stanley Tookie Williams Campaign to Stop Legal Killing Appendix E Clemency Response (8 of 16) The Trial The District Attorney’s insistence on confession, which would validate an otherwise suspect trial, implicates guilt or innocence, a question we have not stressed in this petition for clemency. But, the District Attorney’s argument necessarily takes us to that issue. The District Attorney refuses to address the words of the Court of Appeals for the Ninth Circuit that the case against Stanley Williams was weak, and: . . . comprised of circumstantial evidence and the testimony of witnesses with less-than-clean backgrounds and incentives to lie in order to obtain leniency from the state in either charging or sentencing.” Williams v. Woodford, (9th Cir. 2004) 384 F.3d 567, 624. Instead the District Attorney devotes his response to a materially distorted review of the trial record. The Witnesses The District Attorney lists a series of trial witnesses, some of whom the District Attorney states were not accomplices and did not receive penal benefits for their testimony. This purports to contradict our position, and that of the Ninth Circuit, that the case against Stanley Williams “rested on the testimony of claimed accomplices and admitted informants . . . all of whom received either freedom or vastly reduced sentences for their testimony.” The District Attorney is wrong. None of witnesses pointed to by the District Attorney as being “simply a citizen” implicated Stanley Williams in the crimes in any way, and the case simply did not rest upon their testimony: (i) Layduane Douglas testified that Stanley Williams bought a shotgun from Western Surplus. It was not disputed that Stanley Williams legally owned a shotgun. (ii) Johnny Garcia, worked at a Stop-N-Go, and testified that four black men drove to the Stop-N-Go and acted suspiciously the night of the 7-Eleven murder. Garcia did not identify Stanley Williams as being one of those men. -5- The Stanley Tookie Williams Campaign to Stop Legal Killing 21 Appendix E Clemency Response (9 of 16) (iii) Armando Dominguez drove past the 7-Eleven the night of the murder and noticed a station wagon in the parking lot and two men in the store. Dominguez did not identify Stanley Williams as being one of those men. (iv) Dale Coates also drove past the 7-Eleven, noticing two cars and several men. Coates did not identify any of these men as being Stanley Williams. The witnesses who did implicate Stanley Williams were George Oglesby, Samuel Coleman, Alfred Coward, James Garrett and Ester Garrett. None of these witnesses were “simply citizens.” 2 George Oglesby was one of the most notorious jailhouse informants in Los Angeles. In 1988, the infamous Los Angeles jailhouse informant scandal was touched off when a protégé of Oglesby went on national television to demonstrate how easily criminals inside the jail could obtain confidential information with which to fabricate confessions. A watchdog grand jury found that the District Attorney had “failed to fulfill the ethical responsibilities required of a public prosecutor by its deliberate and informed declination to curtail the misuse of jail house informant testimony.” (Report of the 1989-90 Los Angeles County Grand Jury, “Investigation of the Involvement of Jail House Informants in the Criminal Justice System in Los Angeles County,” at 6) Samuel Coleman, interestingly not mentioned by the District Attorney, was beaten by police and suffered two broken ribs before losing consciousness. Thereafter, while still in police custody, the District Attorney offered him immunity for his testimony. (Ex. 7) Alfred Coward, an alleged accomplice, received complete immunity for his claimed role in capital murder. Coward had a lengthy criminal history for armed robbery, including a robbery right in front of the Brookhaven motel. The trial prosecutor admitted in a memorandum to his superiors that “corroboration” for Coward’s testimony was “thin.” Subsequent to Stanley Williams’ trial, Coward was convicted of federal conspiracy and given only probation. He was thereafter arrested for drug dealing, burglary, and receiving stolen property, yet each time the District Attorney declined to file charges. In 1990, he pled guilty to burglary and despite the probation officer’s pleas that he be sent to prison, the District Attorney 2 The facts presented here regarding the witnesses Oglesby, Coleman, Coward, and the Garretts, as well as the gun evidence, are detailed in the Discovery Motion and five volumes of exhibits filed by Verna Wefald, Esq. with the California Supreme Court and served upon the District Attorney’s office on November 9, 2005. -6- 22 The Stanley Tookie Williams Campaign to Stop Legal Killing Appendix E Clemency Response (10 of 16) agreed to probation. Presently, Coward is in a Canadian prison for killing a man during a robbery. James Garrett, an admitted armed robber, was being interrogated for the murder of his crime partner when he implicated Stanley Williams in the Brookhaven motel murder. Garrett informed the police that Stanley Williams had told him, for no apparent reason, that he had committed the motel murders. Stanley Williams was not a suspect in these murders before this. Garrett then pulled Williams’ legally registered shotgun out from under his own bed and handed it to police. Garrett was suspected but never prosecuted for the murder of his crime partner. A Los Angeles police officer testified that Garrett was not prosecuted because he had an alibi. This was a lie. The officer who testified was present at the autopsy of Garrett’s crime partner and knew the body had decomposed to the point where the date of death, much less the time of death, could not be determined. When the date of death is unknown, an alibi, which must be date and time specific, is impossible. By the time Garrett accused Stanley Williams, Garrett had been arrested for armed robbery and assault with a deadly weapon four times. He was facing charges stemming from the planning of numerous armed robberies, including the robbery of two stores of firearms and ammunition at gunpoint. After testifying against Stanley Williams, Garrett received probation on these charges due to a “long talk” the judge had with Stanley Williams’ prosecutor. Shortly after Stanley Williams’ trial, Garrett robbed a bank at gunpoint. In 1983, Garrett shot his bookie in the chest. In the following years, he continued with a stream of armed crimes, consistently getting extraordinarily favorable treatment from the prosecution. Ester Garrett, James Garret’s wife, was facing multiple felony prosecutions as her husband’s co-defendant at the time she testified against Stanley Williams. The District Attorney gave her money for living expenses. When this money ran out she perjured herself to get welfare. She freely admitted in open court that it did not bother her to commit perjury. The continuing favors given to the Garretts and Coward were in keeping with a training memorandum used by the Los Angeles District Attorney’s -7- The Stanley Tookie Williams Campaign to Stop Legal Killing 23 Appendix E Clemency Response (11 of 16) office stating that informants need to be kept happy long after they had left the witness stand: If you alienate the informant you run the risk of his recanting the testimony you agreed to use. . . . so, nurse the witness. This does not mean you have to cave in. . . . but the witness should be confident you will be there to take care of the important requests. (Ex. 8) In 2004, the Center on Wrongful Convictions at the Northwestern University School of Law published a study on informant testimony. It concluded: The experience shows pretty much what you would expect -- that when the criminal justice system offers witnesses incentives to lie, they will. (Ex. 9) If private defense counsel were to give money for testimony, they would face indictment. Law enforcement offers a much more valuable asset for testimony, freedom. The Physical Evidence The District Attorney claims that the case rested on “strong physical evidence.” This is grossly inaccurate. The only physical evidence against Stanley Williams was the testimony of a gun expert, a sheriff’s deputy, who testified that a shell found at the Brookhaven motel matched test shells from the shotgun owned by Stanley Williams. What the District Attorney does not say is: (1) The shotgun was given to the police by James Garrett, who had it under his bed. (2) The type of shell found at the motel was only sold by two stores in Los Angeles in the year prior to the murder. Garrett had robbed one of these stores during that year of more than 100 firearms and an unknown quantity of ammunition, a fact of which the police were aware. (3) The prosecution’s expert ran an initial series of tests and found them “inconclusive.” (“At that time my opinion was inconclusive.” Trial Transcript at 1537.) He was asked by the prosecutor to try again, and only then opined that 2 of 18 test shells had similar markings to the shell found at the motel. -8- 24 The Stanley Tookie Williams Campaign to Stop Legal Killing Appendix E Clemency Response (12 of 16) (4) The prosecution’s gun examiner made no effort to compare ejector and extractor marks on the crime scene shell with the test shells, did not identify the markings on the shells by class, sub-class and individual characteristics, did not take photomicrographs of the shells as has been best practice since the 1920’s, and did not have a second examiner verify his findings. (See Declaration of David Lamagna, attached as Ex. 10) This was the only physical evidence against Stanley Williams. Purported Statements The District Attorney asserts that Stanley Williams, during an interview with two police deputies, stated that five shots were fired at the motel and this was, in essence, an admission of knowledge and participation. However, Stanley Williams’ interview with the deputies was tape recorded, and this purported admission is not on the tape. Had this alleged statement really been viewed as an admission, the prosecutor would surely have used it at the trial -- he did not. (Response at 37-38) The District Attorney’s reliance on Tony Sims is also highly questionable. The District Attorney quotes from an interview at the time of Sims’ arrest, at which time the police were able to advise Sims of the story they had obtained from Garrett and the immunized Coward. Sims, of course, had only to repeat this “story” to help himself. Sims was never called as a witness against Stanley Williams at trial -- where he would have been free of the pressure and influence of the police interrogation room, would have been sworn to tell the truth in open court, and would have faced cross-examination. The Impact of Race The District Attorney does not contest that the prosecutor was twice sanctioned by the California Supreme Court for racial bias. Nor that Stanley Williams was compared to a Bengal tiger. Rather, the District Attorney argues that the prosecutor left one African-American on Stanley Williams’ jury and that this cleanses any taint. The District Attorney is wrong on all counts. The juror, William McLurkin, was born in the Philippines, as was his mother. The trial record demonstrates that none of the lawyers -- and particularly the prosecutor -- thought Mr. McLurkin was black. During jury selection, three jurors were asked whether the fact that they were black would influence them. The -9- The Stanley Tookie Williams Campaign to Stop Legal Killing 25 Appendix E Clemency Response (13 of 16) prosecutor struck each of these jurors. Neither Mr. McLurkin nor any of the other 79 potential jurors were asked these questions. The only inference is that none of the lawyers thought Mr. McLurkin was black. Mr. McLurkin looked Filipino. The District Attorney has supplied Mr. McLurkin’s death certificate, which does not have a picture, as an exhibit. What the District Attorney fails to supply is Mr. McLurkin’s driver’s license, which does have his photograph.3 (Ex. 11) * * * The basis of this petition is not innocence. Innocence demands exoneration. But we can and do assert, as did the Ninth Circuit, that for all the reasons stated above, the case against Stanley Williams was “comprised of circumstantial evidence and the testimony of witnesses with less-than-clean backgrounds and incentives to lie.” * * * The basis of this petition is the personal redemption of Stanley Williams and the positive impact of the message he sends. Thousands of students, teachers and parents have written to say that Stanley Williams and his message are of value -- that Stanley Williams and his message lift them up, teach them, and give them hope. They ask, on the most human level, that Stanley Williams be allowed to continue with his work. A student from South Central writes: [Stanley Williams] made me think and now I know if he can change his life around then I have the power and confidence to change my own life around. He gave me a lot of confidence. I just hope you find it in your heart to save him and everyone he saved. Conclusion The District Attorney insists the death penalty imposed in the courts must be enforced, that rehabilitation is meaningless, that punishment is the only 3 It is not the legal standard, either in California or under the Constitution, that the prosecution may deliberately strike all black jurors but one on account of race. The standard is exactly the opposite. As stated by Judge Rawlinson, a former career prosecutor: “[t]he striking of even a single juror based on race violates the Constitution.” Williams v. Woodford, (9th Cir. 2004) 396 F.3d 1059, 1061. -10- 26 The Stanley Tookie Williams Campaign to Stop Legal Killing Appendix E Clemency Response (14 of 16) goal of justice in this State, and that no person sentenced to death can ever be granted clemency. In the process, the District Attorney ignores the needs of California’s youth and the sense of hope and future that Stanley Williams brings to so many who are disadvantaged. We hold firm in the certainty that this is wrong, that the future of this State and Nation rests with our youth, that their potential must be tapped if we are to succeed and that Stanley Williams’ message is crucial to this goal and should not be extinguished by his death. In the end, we ask what makes sense. We ask what is practical reality. Giving Stanley Williams life is the right decision because it does the most good. It respects his message and increases its already substantial impact by telling those to whom he speaks that this State and its Governor agree and care about them and about the possibilities for a better life. I waited patiently for the Lord, and he inclined unto me, and heard my cry. He brought me up also out of a horrible pit, out of the miry clay, and set my feet upon a rock, and established my goings, And he hath put a new song in my mouth. Psalm 40 The State of California should not execute this man. * * * -11- The Stanley Tookie Williams Campaign to Stop Legal Killing 27 Appendix E Clemency Response (15 of 16) We again most respectfully repeat our request for a personal meeting with you, and encourage you to arrange a personal meeting with Stanley Williams. Respectfully submitted, _____________________ Peter Fleming Jr. Counsel for Stanley Williams Peter Fleming Jr. Jonathan Harris Lothlórien Redmond Julie Withers CURTIS, MALLET-PREVOST, COLT & MOSLE LLP 101 Park Ave. New York, NY 10178 212-696-6000 Jan L. Handzlik Sandra Smith Thayer HOWREY LLP 550 South Hope Street Suite 1100 Los Angeles, CA 90071 213-892-1800 Verna Wefald Counsel of Record 65 North Raymond Ave., Suite 320 Pasadena, CA 91103 626-577-2658 Stephen F. Rohde ROHDE & VICTOROFF 1880 Century Park East, Suite 411 Los Angeles, CA 90067 310-277-1482 -12- 28 The Stanley Tookie Williams Campaign to Stop Legal Killing Appendix E Clemency Response (16 of 16) INDEX OF ATTACHMENTS TO REPLY PETITION FOR EXECUTIVE CLEMENCY Volume R-I . . . . . . . . 1. Declaration of Janice Anderson, Mother of Lafayette Jones 2. Declaration of Raymond Stevens 3. San Quentin ICC Summary Report 4. Sample of News Articles Quoting April Harding and Daniel Vasquez 5. August 16, 2000, Los Angeles Times Opinion Piece: Let’s Terminate the Gap Between Despair and Hope 6. Letter from Dr. L. Thomas Kucharski 7. Declaration of Samuel Coleman 8. Use of Jail House Informants, by Elliott E. Alhadeff, Deputy District Attorney 9. The Snitch System, by The Center for Wrongful Convictions, Northwestern University School of Law 10. Declaration of Firearms Expert, David J. Lamagna 11. Driver’s License of William McLurkin 12. Exonerations in the United States: 1989 through 2003, by Samuel R. Gross, et al., The Journal of Criminal Law and Criminology, Vol. 95, No. 2 (2005) 13. Information Regarding the Clemency Power 14. Schools, Correctional Facilities and Other Institutions that Requested and Screened Redemption Volume R-II . . . . . . . 15. Letter from Chad Blakeley 16. Handwritten Signatures on the Clemency Petition for Stanley Tookie Williams Petition 17. Names from the On-Line Clemency Petition for Stanley Tookie Williams Petition Volumes R-III & IV . . . . . Names from the On-Line Clemency Petition for Stanley Tookie Williams Petition (Continued) Volume R-V . . . . . . . . . . . Letters and Emails from Supporters The Stanley Tookie Williams Campaign to Stop Legal Killing 29 Appendix F Cell Mate’s Affidavit (1 of 6) Thursday, December 8, 2005 On Thursday, December 08, 2005, at around 3:00 PM Michael Turner, of the Compton Branch of the NAACP called the California State Conference of the NAACP to speak with President Alice Huffman. He shared with her the following message that had been left on his answering machine: Answering Machine: Thursday, December 8, 2005 2:21 PM Gordy:Hi, my name is Gordy. I have information about Tookie and the guy that ratted him off, George Oglesby. I was his cell mate for over two years in the county jail, in downtown LA. Uh the only way you can get in touch with me is to go to the area, to the alley behind a hundred, and 10959 South Broadway, you’ll see a gold Suburban with white stripes, that’s where I live. I don’t have a phone there, I don’t have any way for you to get in touch with me, but I can tell you this, when George Oglesby testified against Tookie he was lying on the stand, I know for a fact cause I was his cell mate. And it’s a Thursday afternoon now, about two o’clock, I just got through reading the LA Times and it listed George Oglesby as the uh, the person that testified against Tookie. Now I know that he lied in court because, like I said, he was my cell mate for a long time. So if you wanted, uh, someone to testify on Tookie’s behalf or get an emergency stay, uh give me a call or um come by where I live. Once again, I live at 10959 South Broadway, I live behind it, I live in the, off the alley between Broadway and Olive and a 110th Street. It’s a Salmon colored, stucco building and there’s a yard behind there and that’s where I live. I’d be more than glad to talk to you guys, I’d be more than glad to give you an affidavit, I even have some letters, somewhere, in all my files, from George Oglesby, but at the time I knew as Roger, um, I was in the, um, county jail for over three years before I went to prison. Oh Yeah, and I’m the only white guy down here in this neighborhood so it’s not hard to find me. Anyways, come by if you want, I’ll be there anytime, everybody down here knows where I live and I’d be more than glad to help you out to save Tookie’s life. Bye. 30 The Stanley Tookie Williams Campaign to Stop Legal Killing Appendix F Cell Mate’s Affidavit (2 of 6) The Stanley Tookie Williams Campaign to Stop Legal Killing 31 Appendix F 32 Cell Mate’s Affidavit (3 of 6) The Stanley Tookie Williams Campaign to Stop Legal Killing Appendix F Cell Mate’s Affidavit (4 of 6) The Stanley Tookie Williams Campaign to Stop Legal Killing 33 Appendix F 34 Cell Mate’s Affidavit (5 of 6) The Stanley Tookie Williams Campaign to Stop Legal Killing Appendix F Cell Mate’s Affidavit (6 of 6) The Stanley Tookie Williams Campaign to Stop Legal Killing 35 Appendix G Governor’s Denial (1 of 6) 36 The Stanley Tookie Williams Campaign to Stop Legal Killing Appendix G Governor’s Denial (2 of 6) STATEMENT OF DECISION (corrected version) Request for Clemency by Stanley Williams Stanley Williams has been convicted of brutally murdering four people during two separate armed robberies in February and March 1979. A California jury sentenced him to death, and he is scheduled for execution on December 13, 2005. During the early morning hours of February 28, 1979, Williams and three others went on a robbery spree. Around 4 a.m., they entered a 7-Eleven store where Albert Owens was working by himself. Here, Williams, armed with his pumpaction shotgun, ordered Owens to a backroom and shot him twice in the back while he lay face down on the floor. Williams and his accomplices made off with about $120 from the store’s cash register. After leaving the 7-Eleven store, Williams told the others that he killed Albert Owens because he did not want any witnesses. Later that morning, Williams recounted shooting Albert Owens, saying “You should have heard the way he sounded when I shot him.” Williams then made a growling noise and laughed for five to six minutes. On March 11, 1979, less than two weeks later, Williams, again armed with his shotgun, robbed a family-operated motel and shot and killed three members of the family: (1) the father, Yen-I Yang, who was shot once in the torso and once in the arm while he was laying on a sofa; (2) the mother, Tsai-Shai Lin, who was shot once in the abdomen and once in the back; and (3) the daughter, Yee-Chen Lin, who was shot once in her face. For these murders, Williams made away with approximately $100 in cash. Williams also told others about the details of these murders and referred to the victims as “Buddha-heads.” Now, his appeals exhausted, Williams seeks mercy in the form of a petition for clemency. He claims that he deserves clemency because he has undergone a personal transformation and is redeemed, and because there were problems with his trial that undermine the fairness of the jury’s verdict. Williams’ case has been thoroughly reviewed in the 24 years since his convictions and death sentence. In addition to his direct appeal to the California Supreme Court, Williams has filed five state habeas corpus petitions, each of which has been rejected. The federal courts have also reviewed his convictions and death sentence. Williams filed a federal habeas corpus petition, and the U.S. District The Stanley Tookie Williams Campaign to Stop Legal Killing 37 Appendix G Governor’s Denial (3 of 6) Statement of Decision Request for Clemency by Stanley Williams Page 2 of 5 Court denied it. The Ninth Circuit Court of Appeals confirmed this decision.1 Williams was also given a number of post-trial evidentiary hearings, and he and his lawyers had the opportunity at these hearings to present evidence that was not heard at trial. The jury’s decision has withstood these challenges. In all, Williams’ case has been the subject of at least eight substantive judicial opinions.2 Prior to the filing of the clemency petition, the state court habeas process was completed on June 21, 1995 when the California Supreme Court denied Williams’ fourth state habeas corpus petition.3 The federal court habeas process was completed on October 11, 2005 when the United States Supreme Court denied Williams’ writ of certiorari. The claim that Williams received an unfair trial was the subject of this extensive litigation in the state and federal courts. The courts considered the sufficiency of his counsel, the strategic nature of counsel’s decisions during the penalty phase of Williams’ trial, the adequacy and reliability of testimony from informants, whether Williams was prejudiced by security measures employed during his trial, whether he was competent to stand trial, whether the prosecutor impermissibly challenged potential jurors on the basis of race, and whether his jury was improperly influenced by Williams’ threats made against them. There is no need to rehash or second guess the myriad findings of the courts over 24 years of litigation. The possible irregularities in Williams’ trial have been thoroughly and carefully reviewed by the courts, and there is no reason to disturb the judicial decisions that uphold the jury’s findings that he is guilty of these four murders and should pay with his life. 1 Some have suggested that the U.S. Court of Appeals for the Ninth Circuit has endorsed Mr. Williams request for clemency. (Williams v. Woodford (2004) 384 F.3d 567, 628.) However, a careful reading of the opinion shows that Ninth Circuit panel merely noted that Williams’ redemption arguments were properly addressed to the Governor, not the court, without expressing an opinion on the appropriateness of clemency. 2 People v. Williams (1988) 44 Cal.3d 1127 [direct appeal and state habeas corpus petition]; In re Stanley Williams (1994) 7 Cal.4th 572 [state habeas corpus petition]; Williams v. Calderon (C.D. Cal. 1998) 41 F.Supp.2d 1043 [federal habeas corpus petitions]; Williams v. Calderon (C.D. Cal. 1998) 48 F.Supp.2d 979 [federal habeas corpus petition]; Williams v. Calderon (C.D. Cal. 1998) 1998 WL 1039280 [request for discovery for federal habeas corpus petition]; Williams v. Calderon (C.D. Cal. 1999) 1999 WL 1320903 [motion for relief of judgment on federal habeas corpus petition]; Williams v. Woodford (9th Cir. 2004) 384 F.3d 567 [affirming denial of federal habeas corpus petition]; Williams v. Woodford (9th Cir. 2005) 396 F.3d 1059 [denying petition for rehearing en banc, with dissent]. 3 On December 10, 2005, Williams’ counsel filed a fifth habeas corpus petition in the California Supreme Court. On December 11, 2005, the Court unanimously denied his petition. 38 The Stanley Tookie Williams Campaign to Stop Legal Killing Appendix G Governor’s Denial (4 of 6) Statement of Decision Request for Clemency by Stanley Williams Page 3 of 5 The basis of Williams’ clemency request is not innocence. Rather, the basis of the request is the “personal redemption Stanley Williams has experienced and the positive impact of the message he sends.”4 But Williams’ claim of innocence remains a key factor to evaluating his claim of personal redemption. It is impossible to separate Williams’ claim of innocence from his claim of redemption. Cumulatively, the evidence demonstrating Williams is guilty of these murders is strong and compelling. It includes: (1) eyewitness testimony of Alfred Coward, who was one of Williams’ accomplices in the 7-Eleven shooting; (2) ballistics evidence proving that the shotgun casing found at the scene of the motel murders was fired from Williams’ shotgun; (3) testimony from Samuel Coleman that Williams confessed that he had robbed and killed some people on Vermont Street (where the motel was located); (4) testimony from James and Esther Garrett that Williams admitted to them that he committed both sets of murders; and (5) testimony from jailhouse informant George Oglesby that Williams confessed to the motel murders and conspired with Oglesby to escape from county jail. The trial evidence is bolstered by information from Tony Sims, who has admitted to being an accomplice in the 7-Eleven murder. Sims did not testify against Williams at trial, but he was later convicted of murder for his role in Albert Owens’ death. During his trial and subsequent parole hearings, Sims has repeatedly stated under oath that Williams was the shooter. Based on the cumulative weight of the evidence, there is no reason to second guess the jury’s finding of guilt or raise significant doubts or serious reservations about Williams’ convictions and death sentence. He murdered Albert Owens and Yen-I Yang, Yee-Chen Lin and Tsai-Shai Lin in cold blood in two separate incidents that were just weeks apart. But Williams claims that he is particularly deserving of clemency because he has reformed and been redeemed for his violent past. Williams’ claim of redemption triggers an inquiry into his atonement for all his transgressions. Williams protests that he has no reason to apologize for these murders because he did not commit them. But he is guilty and a close look at Williams’ post-arrest and postconviction conduct tells a story that is different from redemption. After Williams was arrested for these crimes, and while he was awaiting trial, he conspired to escape from custody by blowing up a jail transportation bus and 4 Williams’ Clemency Reply, p. 10. The Stanley Tookie Williams Campaign to Stop Legal Killing 39 Appendix G Governor’s Denial (5 of 6) Statement of Decision Request for Clemency by Stanley Williams Page 4 of 5 killing the deputies guarding the bus. There are detailed escape plans in Williams’ own handwriting. Williams never executed this plan, but his co-conspirator implicated Williams in the scheme. The fact that Williams conspired to murder several others to effectuate his escape from jail while awaiting his murder trial is consistent with guilt, not innocence. And the timing of the motel murders—less than two weeks after the murder of Albert Owens—shows a callous disregard for human life. Williams has written books that instruct readers to avoid the gang lifestyle and to stay out of prison.5 In 1996, a Tookie Speaks Out Against Gang Violence children’s book series was published. In 1998, “Life in Prison” was published. In 2004, Williams published a memoir entitled “Blue Rage, Black Redemption.” He has also recently (since 1995) tried to preach a message of gang avoidance and peacemaking, including a protocol for street peace to be used by opposing gangs. It is hard to assess the effect of such efforts in concrete terms, but the continued pervasiveness of gang violence leads one to question the efficacy of Williams’ message. Williams co-founded the Crips, a notorious street gang that has contributed and continues to contribute to predatory and exploitative violence. 6 The dedication of Williams’ book “Life in Prison” casts significant doubt on his personal redemption. This book was published in 1998, several years after Williams’ claimed redemptive experience. Specifically, the book is dedicated to “Nelson Mandela, Angela Davis, Malcolm X, Assata Shakur, Geronimo Ji Jaga Pratt, Ramona Africa, John Africa, Leonard Peltier, Dhoruba Al-Mujahid, George Jackson, Mumia Abu-Jamal, and the countless other men, women, and youths who have to endure the hellish oppression of living behind bars.” The mix of individuals on this list is curious. Most have violent pasts and some have been convicted of committing heinous murders, including the killing of law enforcement. 5 Williams’ perennial nominations for the Nobel Peace Prize and Nobel Prize in Literature from 2001-2005 and the receipt of the President’s Call to Service Award in 2005 do not have persuasive weight in this clemency request. 6 Breaking the cycle of hopelessness and gang violence is the responsibility of us all, not just the most affected African-American or inner city communities. It is important to work together with respect, understanding and patience if we are to one day succeed. 40 The Stanley Tookie Williams Campaign to Stop Legal Killing Appendix G Governor’s Denial (6 of 6) Statement of Decision Request for Clemency by Stanley Williams Page 5 of 5 But the inclusion of George Jackson on this list defies reason and is a significant indicator that Williams is not reformed and that he still sees violence and lawlessness as a legitimate means to address societal problems.7 There is also little mention or atonement in his writings and his plea for clemency of the countless murders committed by the Crips following the lifestyle Williams once espoused. The senseless killing that has ruined many families, particularly in African-American communities, in the name of the Crips and gang warfare is a tragedy of our modern culture. One would expect more explicit and direct reference to this byproduct of his former lifestyle in Williams’ writings and apology for this tragedy, but it exists only through innuendo and inference. Is Williams’ redemption complete and sincere, or is it just a hollow promise? Stanley Williams insists he is innocent, and that he will not and should not apologize or otherwise atone for the murders of the four victims in this case. Without an apology and atonement for these senseless and brutal killings there can be no redemption. In this case, the one thing that would be the clearest indication of complete remorse and full redemption is the one thing Williams will not do. Clemency decisions are always difficult. But the constitutional power of the Governor to grant clemency does not stand in isolation. It must be balanced with the Governor’s constitutional duty to see that the laws are faithfully executed. Here, Williams is clearly guilty, and the evidence and clemency materials supporting Williams’ claim of personal redemption are equivocal. Therefore, based on the totality of circumstances in this case, Williams’ request for clemency is denied. DATED: December 12, 2005 ___________________________________ ARNOLD SCHWARZENEGGER Governor of the State of California 7 George Jackson was a militant activist and prison inmate who founded the violent Black Guerilla Family prison gang. Jackson was charged with the murder of a San Quentin correctional officer. In 1970, Jackson’s brother stormed the courtroom with a machine gun, and along with three inmates, took a judge, the prosecutor and three others hostage in an attempt to leverage his brother’s freedom. Shooting broke out. The prosecutor was paralyzed from a police bullet, and the judge was killed by a close-range blast to his head when the shotgun taped to his throat was fired by one of the accomplices. Jackson’s brother was also killed. Then, three days before trial was to begin in the correctional officer murder case, George Jackson was gunned down in the upper yard at San Quentin Prison in another foiled escape attempt on a day of unparalleled violence in the prison that left three officers and three inmates dead in an earlier riot that reports indicate also involved Jackson. The Stanley Tookie Williams Campaign to Stop Legal Killing 41 Appendix H The 13 Day Plan (1 of 2) SAVING STANLEY “TOOKIE” WILLIAMS NAACP 13- DAY PLAN TALKING PAPER The NAACP opposes the death penalty, especially in a nation where disparities in its application are well documented. The conviction of Stanley “Tookie” Williams was based on circumstantial evidence from dubious witnesses presented to a racially biased jury. His execution is scheduled for December 13, at 12:01 AM at San Quentin Prison. Mr. Williams has won national and international recognition for his work to guide young people toward different choices than those he made. He has published positive books. He was recognized by the White House for community service and nominated for the Noble Peace Prize. His anti-gang work has saved many young lives. We have no choice but to fight for Stanley “Tookie” Williams’ life. Mr Williams’ fate lies in the hands of one person, Governor Arnold Schwarzenegger. He can place (a moratorium on this case until a Commission completes its work on disparities in sentencing in the California criminal justice system) or grant clemency. Clemency laws were created for just such a case where an individual has (transformed his or her life) and is contributing to society. The Governor has declined to meet with the NAACP. Thus we must use the public airways to get to him our plea for Stanley Tookie Williams. The NAACP proposes to join others in this movement over the next 13 days to save Stanley Williams. THE 13- DAY PROGRAM Wednesday, November 30, 2005 - Press Runs: National Day of Action Around November 26 hold press conferences with President Gordon in the major media markets of California, beginning in San Diego and ending in San Francisco. Standing with him will be significant leaders of local areas. This will be a one-day event. The focus of the events will simply be a call to the press to advance to the public the case for keeping Stanley Williams alive. Sunday, December 4, 2005 - Power of Prayer Sunday Every church in California will be asked to devote a portion of the service to prayer beseeching the Almighty to touch the Governor’s heart so that he can see the good in Stanley Williams and sense the impact that clemency will have on our community. Pray that he has the courage to spare his life. This call should be announced at a press conference by a group of ecumenical clergy. 42 The Stanley Tookie Williams Campaign to Stop Legal Killing Appendix H The 13 Day Plan (1 of 2) Beginning Wednesday, December - 7th , 2005 and Thursday, December –8th, 2005- Prayer Vigils Beginning the 7th of December Prayer Vigils will be held in many different parts of the state, and in Los Angeles in front of District Attorney, Steve Cooley’s office. They can be large or small. All should be noticed and promoted to the press. On Thursday, December 8th, a candle light vigil will be held at the State Capitol. This will happen during the time of the closed door meeting between the Governor and the Attorneys representing Stanley Tookie Williams. Friday, December 9th , 2005,- Rallies (Celebration) Rallies should be held around the state with dignitaries from local governments, state and congress along with community organizations and clergy explaining the faults with Capital punishment in California and calling on the Governor to spare Mr. William’s life. December 12, 2005 a San Quentin Vigil If all has failed, we shall gather at San Quentin Monday evening and stay with Stanley Williams until the end. Alice A. Huffman The Stanley Tookie Williams Campaign to Stop Legal Killing 43 Appendix I 44 News Paper Ads (1 of 2) The Stanley Tookie Williams Campaign to Stop Legal Killing Appendix I News Paper Ads (2 of 2) The Stanley Tookie Williams Campaign to Stop Legal Killing 45 Appendix J News Releases CA NAACP NEWS www.canaacp.org Alice A. Huffman President and CEO Darnell Cooley 1st Vice President & Publicity Chair Monday, December 12, 2005 Alice A. Huffman, President, California NAACP & National Board Member The NAACP is Deeply Saddened by the Decision made by the Governor on not to Grant Clemency to Stanley Tookie Williams Statement to the Press We are deeply saddened by the Governor’s decision to not grant clemency to Stanley Tookie Williams. He has delivered a serious blow to our efforts to eliminate gangs and create a safer environment. We believed that Stanley Tookie Williams’ life has value above any notion of an “eye for an eye”, which is the premise of the death penalty. Obviously, the Governor believes otherwise. We believe that every child Stanley Tookie Williams is able to draw away from gang life is invaluable. Obviously, the Governor does not. We believe that one can reform and become rehabilitated from wherever one resides. Stanley, for the last 10 years, has made a difference in the lives of inner city children all over the world. We think that the work that he has done should have set the stage for him to be granted permission to continue it. Obviously, the Governor did not see it that way. 1315 I Street, Suite 200 46 The Stanley Tookie Williams Campaign to Stop Legal Killing Sacramento, CA 95814 Appendix J News Releases Page 2 The National NAACP, the State NAACP, local branches and youth units, the California State Black Chamber of Commerce, the Urban League, the ACLU, and the many other groups that are opposed to the death penalty, all calling for clemency were not heard. It is clear that we have no voice or standing with him. We regret that the Governor does not understand or care about the injustices of the criminal justice system and the disparities with which we live, that erodes our trust in the system. Even after an inmate has come forth at the eleventh hour, to provide evidence that Stanley Williams was framed, the Governor would not listen. I regret that the Governor has abandoned the sacred cannon of redemption. He does not believe that from someone with a bad beginning can become an instrument for good. I thank the community, the NAACP and all of our branches for their continued support of Stanley Tookie Williams. There is one last effort, that the Governor may reconsider his decision and provide a stay. Founded in 1909, the NAACP is the nation’s oldest and largest civil rights organization. Its half-million adult and youth members throughout the United States including the California NAACP along with its 64 Branches and more than 30 youth and college chapters are the premier advocates for civil rights, conducting voter mobilization and monitoring equal opportunity in the public and privates sectors. ### Contact: CA-NAACP Office (916) 498-1898 1315 I Street, Suite 200 Sacramento, CA 95814 The Stanley Tookie Williams Campaign to Stop Legal Killing 47 Appendix J News Releases NAACP NEWS www.sacnaacp.org Betty Williams President Velma Sykes Publicity/Media Chairperson For Immediate Release--REVISED November 30, 2005 NAACP STEPS UP EFFORTS TO SAVE STANLEY TOOKIE WILLIAMS California Gov. Schwarzenegger is asked to grant clemency to former gang leader who has been nominated for the Nobel Peace Prize The Sacramento Branch NAACP, along with the Nation of Islam will be holding a candlelight prayer vigil on December 8th on the north steps (L Street side) of the State Capitol in a show of support for the request by the National President/CEO, Bruce Gordon to spare the life of Stanley “Tookie” Williams. The Prayer vigil will begin at 3:00 p.m. President Bruce Gordon, President/CEO, National NAACP, President Alice Huffman, CA State NAACP and Betty Williams, President of the Sacramento Branch National Association for the Advancement of Colored People (NAACP), agree that California Gov. Arnold Schwarzenegger should spare the life of Stanley Tookie Williams, who is scheduled to be executed by lethal injection on December 13. Mr. Williams, who maintains his innocence, has been nominated five times for the Nobel Peace Prize and four times for the Nobel Prize for Literature for his series of acclaimed children’s books. President Gordon spent two and one-half hours at San Quentin prison death house on Saturday talking with Mr. Williams. He then called a meeting with the California NAACP leaders to discuss the outcome of the meeting and a strategy to implement a direction for the organization to assist in the life-saving of Mr. Williams. During the meeting with Mr. Williams, Gordon said Williams committed to working with the NAACP to reach young people who might be influenced to join gangs. President Gordon said: “There is no doubt in my mind that Stanley Williams merits clemency. The NAACP asks Gov. Schwarzenegger to act with courage and exercise the power of his office to grant clemency to Stanley Williams.” The NAACP will lead a multi-city two-week crusade to convince Schwarzenegger that Williams should live to continue his work in helping young people make positive choices and avoid the gang life that he once lived. Williams, a co-founder of the Crips gang, has won international and national recognition for the 10 books he wrote urging youths to stay away from gangs. (more) 815 I Street 48 The Stanley Tookie Williams Campaign to Stop Legal Killing Sacramento, CA 95814 Appendix J News Releases Page 2 Williams Schwarzenegger has agreed to meet Dec. 8 with Williams’ lawyers, Los Angeles County prosecutors and others involved in the case to consider whether to grant clemency. During the meeting, the NAACP will hold a prayer vigil across the state. The community is invited to join the NAACP at the State Capitol as we pray for the Governor and encourage him to make the right decision. Gordon said: “I am convinced that our community is best served if Stan is alive and contributing to the guidance of our youth. He is a one-of-a-kind human asset who needs to exercise his unique ability to touch the lives of young people.” President Betty Williams agrees. The NAACP has long opposed the death penalty and has called for a moratorium on executions until questions about the reliability and fairness of capital punishment have been answered and it is certain that the process does not discriminate. There are documented cases that show the death penalty has been applied differently depending on the race of the offender and the victim. The NAACP bases it’s support for clemency on the value of Stan’s life to the communities the organization represents. We want to save Stan’s life so he can save the lives of others.” The NAACP supports the Petition for Executive Clemency submitted by William’s legal counsel on November 8, 2005. Included in the petition is a quote from the late Chief Justice William Rehnquist written in 1998: “…the heart of executive clemency…is to grant clemency as a matter of grace, thus allowing the executive to consider a wide range of factors not comprehended by earlier judicial proceedings and sentencing determinations.” Four Nobel laureates, including Archbishop Desmond Tutu, have called on Schwarzenegger to grant clemency for Williams. “Through his work, gang truces have been mediated and longstanding wounds have been healed. Lives have been saved,” the laureates said in a letter to the governor. “There is no doubt in my mind that Stanley Williams merits clemency,” said Gordon. Founded in 1909, the NAACP is the nation’s oldest and largest civil rights organization. Its halfmillion adult and youth members throughout the United States and the world are the premier advocates for civil rights in their communities, conducting voter mobilization and monitoring equal opportunity in the public and private sectors. ### Contact: Betty Williams or Velma Sykes, Sacramento NAACP Office, 916-447-8629 815 I Street Sacramento, CA 95814 The Stanley Tookie Williams Campaign to Stop Legal Killing 49 Appendix J News Releases NAACP NEWS www.naacp.org Bruce S. Gordon President and CEO Julian Bond Chairpman, Board of Directors For Immediate Release December 6, 2005 What Stanley Tookie Williams Will Do With the Rest of His Life If granted clemency, Williams will work with the NAACP on programs to reach at-risk youths Stanley Tookie Williams said in a soon to be published essay titled What I Will Do With the Rest of My Life that if he wins clemency he will partner with the National Association for the Advancement of Colored People (NAACP) on programs aimed at persuading at-risk youths to avoid gangs. Williams said, “In the beginning, redemption was an alien concept to me. However, while in solitary confinement, during 1988 to 1994, I embarked upon a transitional path toward redemption. I underwent disciplined years of education, soul searching, edification, spiritual cultivation and battling my internal demons. Though I was loathed for being the co-founder of the Crips, my redemption caused me to repudiate my gang leadership role, to repudiate any affiliation with the Crips or other gangs.” NAACP President and CEO Bruce S. Gordon visited Williams at the San Quentin Prison for more than two hours. Gordon said, “Stan gives us a unique opportunity to help save lives by turning around some of these young people who are inclined to join a street gang. He can speak with credibility unmatched by most youth workers and counselors. He has agreed to work with the NAACP to create and implement a violence prevention curriculum for at-risk youths throughout America .” The NAACP is urging Governor Arnold Schwarzenegger to grant clemency for Williams who is scheduled to die by lethal injection on December 13, 2005 . Williams said, “Redemption has resurrected me from a mental and spiritual death. It symbolizes the end of a bad beginning as well as a new start. Being redeemed has enabled me to reunite with God, reclaim my humanity, find inner peace and discover my raison d’etre – my reason to exist.” Recently when asked if he is prepared to die, Williams responded, “I’m prepared to live. Though execution looms like poisonous toxins, God’s gift of redemption revivifies my life. I inhale redemption and exhale joie de vivre. That’s why I do not fear death. Socrates stated while defending his life before court judges, ‘A man who is good for anything should not calculate the chance of living or dying. He should only consider whether in doing anything, he is doing right, or wrong, and acting the part of a good man, or of bad.’ I opted for good to assist the hopeless.” (more) 4805 Mt. Hope Drive 50 The Stanley Tookie Williams Campaign to Stop Legal Killing Baltimore, MD 21215 Appendix J News Releases Page 2 For Life Release Williams has won international and national recognition for the nine books he wrote urging youths to stay away from gangs. He said in the editorial, “ Consequently, my spirit deeds are exhibited in my nine children’s books; my memoir, Blue Rage, Black Redemption; my educational website, www.tookie.com; my Internet Project for Street Peace and my Peace Protocol. All of my work is predicated on persuading youths and adults to not follow in my footsteps. Still, my desire is to do more.” Williams said about his meeting with Gordon, “The partnership with this nation’s oldest civil rights organization will provide me with the structure and support to carry out my vision of a gang-free America .” In conclusion, Williams states, “I know that to whom much is given, much is expected. If Governor Arnold Schwarzenegger grants me clemency, I will accept it as an obligation to society to spend the rest of my life working to reverse the cycle of youth violence. It is my desire to help save society from producing more victims. Here and now, I bear witness that God’s bequest of redemption has replenished me with a mission and revealed that the impossible is possible.” The NAACP has called for a moratorium on executions until questions about the reliability and fairness of capital punishment have been answered and it is certain that the process does not discriminate. There are documented cases that show the death penalty has been applied differently depending on the race of the offender and the victim. Founded in 1909, the National Association for the Advancement of Colored People is the nation’s oldest and largest civil rights organization. Its half-million adult and youth members throughout the United States and the world are the premier advocates for civil rights in their communities and monitor equal opportunity in the public and private sectors. CONTACT: NAACP Office of Communications 410.580.5125 4805 Mt. Hope Drive Baltimore, MD 21215 The Stanley Tookie Williams Campaign to Stop Legal Killing 51 Appendix J News Releases NAACP NEWS www.naacp.org Bruce S. Gordon President and CEO Julian Bond Chairpman, Board of Directors For Immediate Release December 2, 2005 Contacts: John C. White (410) 580-5127 or (410) 370-8817 jwhite@naacpnet.org Jasmyne Cannick (310) 223-1201 or (323) 839-0216 jasmynecannick@hotmail.com NAACP Announces Statewide Tour To Save Stanley Tookie Williams President Bruce S. Gordon and State President Alice Huffman to Kick Off Tour in Los Angeles WHAT: A four-city California crusade to increase public support for Governor Schwarzenegger to order clemency for Stanley Tookie Williams so he can continue his work in helping young people make positive choices and avoid the gang life that he once lived. WHEN: Tuesday, December 6th (see schedule below) WHERE: Los Angeles, San Diego, Sacramento, and San Francisco (see schedule below) WHO: Bruce S. Gordon, NAACP President and CEO, Alice Huffman, California NAACP President, Hon. Mervyn M. Dymally, Chair of the Legislative Black Caucus, and Council member Bill Rosendahl, Advocate for Stanley Tookie Williams. The tour is an effort to build public support for California Gov. Arnold Schwarzenegger to grant clemency to San Quentin death row inmate Stanley Tookie Williams. Schwarzenegger has agreed to meet December 8 with Williams’ attorneys, Los Angeles County prosecutors, and others involved in the case to consider whether to grant clemency but have refused to meet with the NAACP. The NAACP supports the Petition for Executive Clemency submitted by Williams’ legal counsel on November 8, 2005. Gordon said: “I am convinced that our community is best served if Stan is alive and contributing to the guidance of our youth. He is a one-of-a-kind human asset who needs to exercise his unique ability to touch the lives of young people.” (more) 4805 Mt. Hope Drive 52 The Stanley Tookie Williams Campaign to Stop Legal Killing Baltimore, MD 21215 Appendix J News Releases Page 2 “We’re not winning the war on gangs ourselves and to that end we should not execute a man who has single handedly been able to make a positive difference in so many youth regarding gang involvement,” commented Alice Huffman. “Williams could have opted to sit in his cell and wait for his execution date, but he didn’t. He choose to use his life as an example for all youth and in doing so has made a significant impact on the way many youth view gangs. We are calling on the Governor to grant this man clemency and allow him to continue saving lives.” “Serious concerns have been raised about whether California’s death penalty is applied in fair and accurate manner,” stated Dymally. “A recent study shows that race is a key factor in who is sentenced to death in California. We need to put executions on hold while our state commission investigates these problems. For the state of California to continue to execute prisoners, while an official governmental body investigates the findings and allegations of error and racism in the criminal justice system, is unfair.” “I call on the Governor to grant Mr. Williams clemency not only because I believe capital punishment is immoral and because we know it is applied disproportionately to people of color, but because I believe in rehabilitation,” commented Congresswoman Barbara Lee (D-Oakland) via a statement. “Through his work to end gang violence, his books for children and his Internet Project for Street Peace, Mr. Williams has demonstrated not only that rehabilitation is possible, but the good that can come if people are given the opportunity to turn their lives around.” Schedule of Events LOS ANGELES – 9 a.m. City Hall Press Conference and rally, South Park Lawn - On the 1st Amendment Steps, 200 North Spring Street (Between Spring and Main facing 1st Street) SAN DIEGO -- 11:00 Press Conference, City Hall SACRAMENTO – 2 p.m. present thousands of petitions to the Governor’s office SAN FRANCISCO – Press Conference and rally with San Francisco clergy Founded in 1909, the NAACP is the nation’s oldest and largest civil rights organization. Its half-million adult and youth members throughout the United States and the world are the premier advocates for civil rights in their communities, conducting voter mobilization and monitoring equal opportunity in the public and private sectors. ### 4805 Mt. Hope Drive Baltimore, MD 21215 The Stanley Tookie Williams Campaign to Stop Legal Killing 53 Appendix J News Releases NAACP NEWS www.naacp.org Bruce S. Gordon President and CEO Julian Bond Chairpman, Board of Directors For Immediate Release November 27, 2005 NAACP Steps Up Efforts to Save Stanley Tookie Williams California Gov. Schwarzenegger is asked to grant clemency to former gang leader who has been nominated for the Nobel Peace Prize Bruce S. Gordon, President & CEO, National Association for the Advancement of Colored People (NAACP), said today that California Gov. Arnold Schwarzenegger should spare the life of Stanley Tookie Williams, who is scheduled to be executed by lethal injection on December 13. Williams, who maintains his innocence, has been nominated five times for the Nobel Peace Prize and four times for the Nobel Prize for Literature for his series of acclaimed children’s books. Gordon said: “The NAACP asks Gov. Schwarzenegger to act with courage and exercise the power of his office to grant clemency to Stanley Williams.” Gordon said the NAACP will lead a multi-city two-week crusade to convince Schwarzenegger that Williams should live to continue his work in helping young people make positive choices and avoid the gang life that he once lived. Williams, a co-founder of the Crips gang, has won international and national recognition for the 10 books he wrote urging youths to stay away from gangs. In a series of rallies, prayer vigils and news conferences in California from San Diego to Sacramento, the NAACP will focus public attention on the Williams case. Schwarzenegger has agreed to meet Dec. 8 with Williams’ lawyers, Los Angeles County prosecutors and others involved in the case to consider whether to grant clemency. He has refused to meet with the NAACP. Gordon said: “I am convinced that our community is best served if Stan is alive and contributing to the guidance of our youth. He is a one-of-a-kind human asset who needs to exercise his unique ability to touch the lives of young people.” On Saturday, Gordon met privately with Williams for two-and-a half hours at the San Quentin prison death house where he has lived since 1981. During the meeting, Gordon said Williams committed to working with the NAACP to reach young people who might be influenced to join gangs. Gordon, who became president of the NAACP in August, said reaching out to young people is a key priority in his administration. “He is our new partner,” he said. “He’s our secret weapon in the fight to help young African Americans reject gangs. Williams will have a powerful impact not just in Los Angeles, not just in California, but throughout our nation.” (more) 4805 Mt. Hope Drive 54 The Stanley Tookie Williams Campaign to Stop Legal Killing Baltimore, MD 21215 Appendix J News Releases Page 2 Williams The NAACP has long opposed the death penalty and has called for a moratorium on executions until questions about the reliability and fairness of capital punishment have been answered and it is certain that the process does not discriminate. There are documented cases that show the death penalty has been applied differently depending on the race of the offender and the victim. Gordon said that based upon the assessment of the NAACP legal staff; there is sufficient reason to question Williams’ guilt. “We believe that race impacted the trial that convicted Stan and sentenced him to death,” said Gordon. “However, at this point, the NAACP bases its support for clemency on the value of Stan’s life to the communities the organization represents. We want to save Stan’s life so he can save the lives of others.” The NAACP supports the Petition for Executive Clemency submitted by Williams’ legal counsel on November 8, 2005. Included in the petition is a quote from the late Chief Justice William Rehnquist written in 1998: “…the heart of executive clemency…is to grant clemency as a matter of grace, thus allowing the executive to consider a wide range of factors not comprehended by earlier judicial proceedings and sentencing determinations.” Four Nobel laureates, including Archbishop Desmond Tutu, have called on Schwarzenegger to grant clemency for Williams. “Through his work, gang truces have been mediated and long-standing wounds have been healed. Lives have been saved,” the laureates said in a letter to the governor. “There is no doubt in my mind that Stanley Williams merits clemency,” said Gordon. Founded in 1909, the NAACP is the nation’s oldest and largest civil rights organization. Its half-million adult and youth members throughout the United States and the world are the premier advocates for civil rights in their communities, conducting voter mobilization and monitoring equal opportunity in the public and private sectors. CONTACT: NAACP Office of Communications 410.580.5125 4805 Mt. Hope Drive Baltimore, MD 21215 The Stanley Tookie Williams Campaign to Stop Legal Killing 55 Appendix J News Releases NAACP NEWS www.naacp.org Bruce S. Gordon President and CEO Julian Bond Chairpman, Board of Directors For Immediate Release December 2, 2005 NAACP Asks California Gov. Arnold Schwarzenegger To Grant Clemency To Stanley Tookie Williams In impassioned letter to Schwarzenegger President Gordon calls for mercy for Williams Bruce S. Gordon, President and CEO, National Association for the Advancement of Colored People (NAACP) has asked California Gov. Arnold Schwarzenegger to grant clemency to Stanley Tookie Williams because he has “become a strong voice against gangs, violence and drugs.” Gordon, who plans to hold events in four California cities to encourage the public to support the call for clemency, said, “If Stanley Williams is executed, his death will have a chilling effect on the momentum he has created around the negative impact of gangs and gang violence. If he is executed, we will never know what future impact Stanley Williams might have had on society.” In his letter to Schwarzenegger on November 29, Gordon said: “Stanley Williams has renounced gang affiliation and has publicly apologized for his role in gang violence. He has become an accomplished author, activist, and mentor and has received five Nobel Peace Prize nominations, four Nobel Prize for Literature nominations, and the 2005 Presidential Call Service Award for his volunteer work to save youth. Few hold these accomplishments to their credit. Most importantly, Stanley Williams has vowed to spend the rest of his life working toward solutions to abolish gang violence.” Moreover, Gordon said: “For nearly one hundred years, the NAACP has fought to eliminate race prejudice and discrimination. This organization has historically recognized that prejudice, race discrimination, and the inability to obtain adequate counsel have resulted in the disparate application of the death penalty to African Americans.” Gordon said: “Studies continue to show that race plays a major role in determining whether a defendant will receive the death penalty. According to a noted study by David Baldus, blacks receive the death penalty at a 38% higher rate than all other races. Also, studies consistently show that those who kill whites face a greater chance of receiving the death penalty than those who kill blacks.” In 2002, the NAACP called on President George W. Bush, governors and state legislatures to adopt a moratorium on the death penalty until, among other things, procedures could be adopted to remedy (more) 4805 Mt. Hope Drive 56 The Stanley Tookie Williams Campaign to Stop Legal Killing Baltimore, MD 21215 Appendix J News Releases Page 2 these racial disparities. As result of the many issues that have been raised regarding racial disparities and the unfair administration of the death penalty, legislation has been introduced in a number of states to impose moratoriums or abolish the death penalty altogether. “The Stanley Williams’ trial was not immune to these disparities,” said Gordon. “Not only were African American citizens stripped from Stanley Williams’ jury pool, but he was likened to a Bengal Tiger during closing arguments. These practices offend notions of judicial fairness.” Gordon continued: “The NAACP has historically recognized the importance of the incarcerated and the significant impact they can have on the lives of others. For over thirty years, it has worked to establish 45 prison branches around the United States to help the incarcerated develop their voice, so they can someday realize their potential and pour back into the community, at large. Stanley Williams has done just that. “America must invest its efforts into persevering Stanley Williams’ voice and the potential he has to impact and save our youth, instead of devoting its energy into the myth that executions decrease crime.” In closing, Gordon said, “The NAACP respectfully requests that you exercise the mercy only you have been entrusted with, the authority to bestow and grant Stanley Tookie Williams clemency. “If you do not grant clemency, we ask that you issue a moratorium on the death penalty until the California Commission on the Fair Administration of Justice has made its recommendations to you and the Legislature, pursuant to Senate Resolution No. 44. “ Founded in 1909, the National Association for the Advancement of Colored People is the nation’s oldest and largest civil rights organization. Its half-million adult and youth members throughout the United States and the world are the premier advocates for civil rights in their communities and monitor equal opportunity in the public and private sectors. 4805 Mt. Hope Drive Baltimore, MD 21215 The Stanley Tookie Williams Campaign to Stop Legal Killing 57 Appendix J 58 News Releases The Stanley Tookie Williams Campaign to Stop Legal Killing Where Do We Go From Here? Three strategies are available and will be pursued partly as continued efforts to implement NAACP policy and partly out of a need that persists in our community. The First Strategy Is To Ban The Death Penalty. • The national NAACP must renew its efforts to ban the death penalty nationwide by sponsoring legislation in every state that does away with capital punishment. • We must educate the public on this arcane practice to increase public support for its elimination. The Second Strategy . . . • We must pursue a Moratorium as an interim process while states examine the efficacy and effectiveness of their sentencing for the purpose of eliminating the disparities. • We must insist that all death row inmates be given DNA testing before execution. • We must work with sentencing projects to discover innocent inmates on death row. • We must out rogue cops who set up bogus circumstantial evidence on minorities to lead to wrongful convictions. The Third Strategy . . . • Violence prevention is the key, therefore we must engage with the community to eliminate it by fighting for improved life opportunities in the most depressed communities. • We must divert the youth in these communities from turning to gang life as an alternative lifestyle by providing other positive choices. • We must continue to work toward the elimination of the root causes of poverty. The Stanley Tookie Williams Campaign to Stop Legal Killing 59 California State Conference of the NAACP 1315 I Street, Suite 200 Sacramento, California 95814 916/498-1898 Fax 916/498-1895 A Very Special Thank You to: The writers of this report, Catherine Henry and Alice A. Huffman and The printers of this report SEIU Local 1000, CSEA The Stanley Tookie Williams Campaign To Stop Legal Killing November to December 2005