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People's History of the United States_ 1492 to Present, A - Zinn, Howard [310]

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were there as a result of plea bargaining. Of 32,000 felony indictments a year in New York State, 4,000 to 5,000 were tried. The rest (about 75 percent) were disposed of by deals made under duress, called “plea bargaining,” described as follows in the Report of the Joint Legislative Committee on Crime in New York:

The final climactic act in the plea bargaining procedure is a charade which in itself has aspects of dishonesty which rival the original crime in many instances. The accused is made to assert publicly his guilt on a specific crime, which in many cases he has not committed; in some cases he pleads guilty to a non-existing crime. He must further indicate that he is entering his plea freely . . . and that he is not doing so because of any promises . . . made to him.

In plea bargaining, the accused pleads guilty, whether he is or not, and saves the state the trouble of a trial in return for the promise of a less severe punishment.

When Attica prisoners were up for parole, the average time of their hearing, including the reading of the file and deliberation among the three members, was 5.9 minutes. Then the decision was handed out, with no explanation.

The official report on the Attica uprising tells how an inmate-instructed sociology class there became a forum for ideas about change. Then there was a series of organized protest efforts, and in July an inmate manifesto setting forth a series of moderate demands, after which “tensions at Attica had continued to mount,” culminating in a day of protest over the killing of George Jackson at San Quentin, during which few inmates ate at lunch and dinner and many wore black armbands.

On September 9, 1971, a series of conflicts between prisoners and guards ended with a group of inmates breaking through a gate with a defective weld and taking over one of the four prison yards, with forty guards as hostages. Then followed five days in which the prisoners set up a remarkable community in the yard. A group of citizen-observers, invited by the prisoners, included New York Times columnist Tom Wicker, who wrote (A Time to Die): “The racial harmony that prevailed among the prisoners—it was absolutely astonishing. . . . That prison yard was the first place I have ever seen where there was no racism.” One black prisoner later said: “I never thought whites could really get it on. . . . But I can’t tell you what the yard was like, I actually cried it was so close, everyone so together. . . .”

After five days, the state lost patience. Governor Nelson Rockefeller approved a military attack on the prison (see Cinda Firestone’s stunning film Attica). National Guardsmen, prison guards, and local police went in with automatic rifles, carbines, and submachine guns in a full-scale assault on the prisoners, who had no firearms. Thirty-one prisoners were killed. The first stories given the press by prison authorities said that nine guards held hostage had their throats slashed by the prisoners during the attack. The official autopsies almost immediately showed this to be false: the nine guards died in the same hail of bullets that killed the prisoners.

The effects of Attica are hard to measure. Two months after the revolt at Attica, men at Norfolk prison in Massachusetts began to organize. On November 8, 1971, armed guards and state troopers, in a surprise raid, moved into the cells at Norfolk, pulled out sixteen men, and shipped them out. A prisoner described the scene:

Between one and two last night I was awakened (I’ve been a light sleeper since Vietnam) and I looked out my window. There were troopers. And screws. Lots. Armed with sidearms, and big clubs. They were going into dorms and taking people, all kinds of people. . . .

They took a friend of mine. . . . Being pulled outside in our underwear, at 1:30, in bare feet by two troopers and a housescrew. Looking at those troops, with guns, and masks and clubs, with the moon shining off the helmets and the hate that you could see in their faces. Thinking that this is where these guys live, with the guns and the hate, and the helmets

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