In front of a packed courtroom, SF 8 presiding Judge Moscone denied a significant defense motion asking that statements made under torture by Harold Taylor in 1973 be precluded from consideration in this case.

In 1975 a Los Angeles judge ruled these same statements inadmissible in a trial that ultimately resulted in Harold Taylor's acquittal. That case involved a police attack on a car of Black activists in which all three – Ray Boudreaux, John Bowman and Harold Taylor – were fired upon and shot multiple times. After Harold Taylor‚s acquittal, charges were dismissed against Boudreaux and Bowman.

"Sour Grapes"

Randy Montesano, representing Harold Taylor in the current case, argued passionately that the government is continuing in its pattern and practice of trampling on these defendants‚ rights. "The prosecution is trying to litigate the use of coerced and torture-induced statements again," he said, "because of sour grapes" as the court in the mid 1970s heard 8 days of testimony , including 13 witnesses and concluded that Harold Taylor's statements were not made voluntarily in New Orleans. Montesano argued that they have no right to use these same "statements" just because they didn't like the 33-year old outcome. He reiterated that his client still suffers physically and from post traumatic stress disorder today, some 36 years later.

Door is still open for future hearings

Judge Moscone denied the motion on narrow legal grounds saying that the Los Angeles decision was not a final adjudication. Moscone did leave the door open for the suppressing of these statements in future hearings. That hearing would force the government to either produce the same witnesses and evidence or face the consequences of the absence of evidence, transcripts and witnesses.

No way to get a fair hearing

Attorney Montesano reiterated "there is no way to get a fair hearing today, especially given the delay of so many years and the passage of time alone precludes any reliable adjudication – so we will ultimately prevail."

Next hearing Monday, December 3

The next hearing in the SF 8 case will be on Monday, December 3 and will take up further discovery issues as well as requests by the defense to maintain a seal on prejudicial documents that are unsupported by evidence.

Committee for the Defense of Human Rights
P.O. Box 90221
Pasadena, CA 91109

(415) 226-1120
E-mail: freethesf8 [at] riseup [dot] net
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