United States v. Shakur, SSS 82 Cr. 0312 (KTD).
Decision Date | 07 September 1983 |
Docket Number | No. SSS 82 Cr. 0312 (KTD).,SSS 82 Cr. 0312 (KTD). |
Citation | 570 F. Supp. 336 |
Parties | UNITED STATES of America v. Mutulu SHAKUR, a/k/a "Doc," a/k/a "Jeral Wayne Williams," Sekou Odinga, a/k/a "Nathaniel Burns," a/k/a "Mgabasi," a/k/a "Mugubasi," a/k/a "Eddie Holmes," a/k/a "Lou," Cecil Ferguson, a/k/a "Mo," a/k/a "Chui," Edward Lawrence Joseph, a/k/a "Edward Lawrence," a/k/a "Jamal," a/k/a "Tony," a/k/a "J.R.," Bilal Sunni-Ali, a/k/a "William Johnson," a/k/a "Spirit," Silvia Baraldini, a/k/a "Louise," Susan Rosenberg, a/k/a "Elizabeth," Cheri Dalton, a/k/a "Nahanda," Iliana Robinson, a/k/a "Naomi," Nilse Cobeo, a/k/a "Nilse Lawrence," a/k/a "Ginger," a/k/a "Gigi," a/k/a "Giovanni Correa," and Alan Berkman, Defendants. |
Court | U.S. District Court — Southern District of New York |
Mr. Chokwe Lumumba, Esq., co-counsel for defendant Bilal Sunni-Ali, was held in contempt on two occasions during the trial of the above case. I hereby set forth in this memorandum and order the events justifying the contempt citations and I further certify, pursuant to Fed.R.Crim.P. 42(a), that these events took place in my presence during the trial of United States of America v. Mutulu Shakur, et al., 570 F.Supp. 333, SSS 82 Cr. 312 (KTD). The trial began on April 4, 1983 and the jury reached a verdict on September, 1983.
Mr. Lumumba, who was co-counsel for Mr. Sunni-Ali along with Ms. Lynne F. Stewart, demonstrated from the start of the trial his conscious desire to obstruct and disrupt the orderly trial of the six defendants on trial. His continuous and unrelenting attacks on the integrity of the court, his ceaseless attempts to bait the court, and his personal vilifications of the trial judge are all amply supported by the specifications and samples set forth below. Moreover, the trial transcript demonstrates that Mr. Lumumba's contumacious behavior was not part and parcel of a vigorous defense of his client but instead was intended to cause significant disruption of the proceedings.
I appreciate and abide by the principle that defense attorneys "be given great latitude in the area of vigorous advocacy." In re Dellinger, 461 F.2d 389, 398 (7th Cir. 1972). I further recognize the need to exercise judicial restraint and tolerance of statements uttered in the heat of trial passion. The behavior of Mr. Lumumba, however, crossed the line between "hesitating, begrudging obedience and open defiance," id. 461 F.2d at 399, and demands punishment as permitted in 18 U.S.C. § 401.
The Second Circuit approves of invocation of the summary contempt statute when "the contemnor's conduct ... rises to the level of an obstruction of and an imminent threat to the administration of justice, and it must be accompanied by the intention on the part of the contemnor to obstruct, disrupt or interfere with the administration of justice." In re Williams, 509 F.2d 949, 960 (2d Cir.1975). Mr. Lumumba's tone, attitude, and consistent beratement of the court rose to this level and required immediate action to prevent further disruption of the trial.
Mr. Lumumba was held in summary contempt on two occasions. The first contempt specification was issued on April 13, 1983 during jury selection. The following excerpt from the trial transcript demonstrates the ample basis for the contempt citation.
THE COURT: Well, do you think it would cause you any bias or prejudice one way or the other or sympathy either for or against the government or for or against the defendants on trial?
JUROR No. 9: It is the type of thing that would probably be in the back of one's mind and, therefore, effect one's concentration, I would imagine, and possibly eventually your impartiality. I don't know that it would be something direct.
THE COURT: But you think it could affect your impartiality?
JUROR No. 9: It is conceivable.
(Recess)
(Open Court)
(Juror Number nine entered the courtroom).
JUROR No. 9: Yes, I'm fine.
THE COURT: Could you tell us what county you come from?
JUROR No. 9: Manhattan.
The second contempt specification was issued on June 8, 1983. The following excerpt substantiates this specification:
Tell me what you are trying to prove.
That being the case, I would like to point out through the specific document which you have suggested cannot come into evidence, which is almost identical in parts to this document, and through his knowledge of the documents which he may have examined, having been a person who has been in the FBI for 26 years during the period of time in which they have examined the whole files, the total files of various different movements, he can tell us that the principles in this document are not inconsistent with many of those other principles which come from groups which clearly had nothing to do with robbing Brinks trucks and were totally overground political formations which were...
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U.S. v. Lumumba, 747
...for the Division of Business Among Southern District Court Judges for transfer to another judge for sentencing. United States v. Shakur, 570 F.Supp. 336 (S.D.N.Y.1983). After denying various motions brought by Lumumba, United States v. Lumumba, 578 F.Supp. 100 (S.D.N.Y.1983), Judge Robert W......