MARTIN
SOSTRE

in Court

edited by Bob McCubbin

issued by the
MARTIN SOSTRE DEFENSE COMMITTEE
July 1969

 
Martin Sostre, Prison Revolutionary

By Lorenzo Kornboa Ervin

Even in this generation, many young activists know of George Jackson.

* ka ‘Comrade George,” Black Panther leader, revolutionary prison writer and
organizer who was assassinated in August, 1971, in the California
penitentiary, San Quentin,

Yet, in the late 1960's and eatly 1970's, Martin Sastre (1923-2015) was
every bit as well known as a prison activist, revolutionary, and jailhouse
lawyer, who almost single-handedly won democratic rights for prisoners to
receve and read revolutionary literature, write books, worship alternative
religious faiths, to not be held indefinitely in solitary confinement, and

to obtain legal rights to have access to legal rights at disciplinary
proceedings. He was the one responsible for prisoners being able to
organize during the prison struggle 1967-1974. These lawsuits changed
prison conditons nationwide.

 

 

He had served a sertence in Attica, New York, during the eatly 1960's

‘and went through a political metamorphosis from a Black Mustm (NOD,
Black nationalist, and later an Anarchist. in 1966, he got out of prison,

came home to Buffalo, N.Y, and started the Afro Asian Bookstore in the
Black community. Sostre's bookstore became a center of radicel thought and
political education in that city. A Black “riot” against police brutality

of aBlack youth broke out at this time, and Sostre was blained for this
rebelion since many youth visited his bookstore.

 

 

The city cops and white political establishment chafed at Sostre's
organizing and political education, and deciced to shut him down, They
arrested him on July 14, 1967, along with a bookstore co-worker, and.
charged them with "sale of narcotics, riot, arson, and assault.” These were
totally frame-up charges, but he was sentenced t9 42 years in prison.
Recognizing this injustice, an irternatioral campeign was begun on his
behalf by his supporters and fellow activists.

‘At one point, he became the best known political prisoner ir the world,
andhis case became adopted by Amnesty International, the prisoner of
conscience argarization, in 1973, This was a first for U.S. political

prisoners and put tremendous pressure on the state of New York and the US.
government. Finally, his worldwide defense organization pressured the New
Yor« state goverror to grant Sostre an executive clemency, and he was
released in 1976.
Historical Importance of Martin Sostre 4

Sostre’s political consciousness and legal activism opened the door for
prisone's to have leyal and human rights and the abiity to orcanize at a

time of civil rights. Black Power, the New Let, and the Vietnarr anti war
Movements, At che stage, 1970-1976, the prison movement became the central
pretest movement in America, especially after ths August political
assassination of Gearge Jackson, and the Seatember, 1971 Attica rebellion,

‘The protest at Attica was put down with a bloody massacre by prison and
Poltical officials, but it opened the eyes of millions all over the world

to American state violence an’ racism. A mass prison support movement arose
almost overnight, which demanded human rights for priscners. There is no
doubt that the prior demands of Martin Sostr, in his writings and

prisoner’ rights lawsuits, who had been imprisoned at Attica some years
Previous, played a role ideologically. Sostre’s struggle inside as a

Poltical prisoner was clearly boundup with what became the Attice

Rebellion,

Contrary to prison officials’ accounts which new claim that the
so-called Attica prison “riot” hed taken place because of a "gang of
<iminals" who took guards hostage for no good reason, the truth is New
York State offciak refused to listen to Sostre or even the federal courts
which over the years tad ordered an end to brutlity, racism, and
‘mus:reatment of the men inside, The prisoners took matters into their own
hands, demanding human rights and an end to recist abuse with the 1971
rebellion, which shook America and the entire world

Martin Sostre and Me

Imet Martin Scstre at the Federal Netenticn Center in New York City in
‘August/September, 1969. {had just been brought back to the USA from
Berlin, Germany, for hijacking a plane to Cuba ear‘er that year. He had
sued prison officials and been transferred to federal prison to await a
hearing. didn't know who he was at the time, but someone said he was an
“activist prisoner” and that I should talk to him,

A scowling, powerfully buit Elack man, he iooked lke a teacher, which

in many ways he was, ust 2 revolutionary teacher. So, Iwent up and
intreduced myself, and we started telking abcut prison generally, but he
was interested in my case and how the CIA had captured ine, ard we started
talking about that He was concerned thet I could be sentenced to death by
an all-white Southern jury.

He knew it was a political case, and so we talked abaut what } could do

 
‘1 » about it Almost every day that saw him, we would go over my case, and he
‘would give me legal advice, Somewhere alorg the line, we started talkirg
about revolurionary politics generally, and he bounced a new word on-me:
“Anarchist Sccialism" I had no idea what he was talking about at the time.
Thad just come from Cuba, Czechoslovakia, and East Germany, which called
themselves ‘rocalit republics’ so thought knew al about iL1vac
‘wrong, He explained to me about "self-governing socialism," which he
described as free of state bureaucracy, any kind of party or leader
dictatorship. Alinust every day le regaled rie abuul “direct demouaey,”
“communitavianism,” “radical autonomy.” “general assemttlies,” anc other
stuff [knew nothing about, So just listened for hours as he schooled me.

 

 

The initialideas for Black autonomy, within the overall Anarchist
movement, carne from these sessions. AS a Black Puerto Rican, Sostre felt
alienated from his community, and since much of the analysis about Black
‘oppression anid Socialist was Uy white radical, fre had originally
‘ravtated into Black nationalism. It was only later during his time in
prison that he gravitated into Anarchist Socialism. He told me endlessly
that Socialism and Anarchism were for 2li people, not just Europeans and
wel-to-do intellectuals. was universal, At fst, {had serious doubts
about all this, as it seemed just more white radical student ideology. They
were not sympathetic to the Black struggle, and they were not working class
‘oF poor. Sostre'sidees, however, were that Anarchists of color must build
ther "wing" of the Anarchist ovement. He didrit cal it Black Autonomy,
but that is what it was

  

1 did not even consider myself at the time as an Anarchist, and did not
fully understand what he told me. But I had seen first-hand "Soviet
Socialism" and was not impressed. It was eis, authoritarian, and
oppressive. I could say the same thing about “Marxist-Lerinist Macism’,
which helped to destroy the the 1960's New Left, and the radical wing of
the Black Power Movernent, with cult of personality, middle class snobbery,
‘aipulation, and opportunism.

 

 

Even before meeting Martin Sostre, Lwas definitly already looking for
something new, and willing to consider Anarchism. But only years later
serving life in prison, is when Ireally started into Anarchist politcal
education, as Sostre suggested. I started reading Anarchist books and
‘papers, and started corresponding with Anarchist figures and groups all
over the world,

‘These discussions with Martin Sostre were invaluable in broadening my
thinking about a radical political alternative. I also found out about many
“unknown revolutions” in Africa. Russia, China, Spain and other pars of
the world, as well as early Anarchist labor/radical tendencies among

 
Eastern European immigrants, especially in the USA (1860's-1900's), Yet
the stickler fs that the Anarchist movement generally, had ro ties or
solidarity to the Alack population in the USA, the UK, or the culunized
people of color in the Third World, It was essentially a white Eurspesn
movement.

Like Sestre had said, we must manufacture our own Anarchist of Color
School of thought and revolutionary practice. Nobody can truly speak for us
and fightin our natn. Black Autonomy means independence of thought, culture
and action. We are not racial separatists, out we must be sure that we are
Strong enough to insist on our politics, leadership, and respect within any
broader universal movement. We have been sold out, left out, betrayed, and
tricked tao many times by internal racism inside majority white coalitions
and movernerts. Black voices matter: That is why Twrote a small pamphlet in
1972, “Ararchism and the Black Revchution’ while i was in prison in 1979,

 

Conclusion

Martin Sostre has been lost to history because the White Left and
Anarchist radical tendencies have had no regard for him or hs legacy, He
literally opened the docrs for radical prisoners, Anerchist tendencies of
color and radical praxis, yet not one institution or movemen: toclay is
‘ramed after him. This is an outrage which must be recognized or corrected
row.

‘Groups of jailhouse lawyers should name themselves after the man who
‘more than ariyone, successfully tought for prisoners” democratic rights, wes
an activist who provides an example ofa revotstionary political prisoned,
and who prefigured the Black-led revolutionary prison movement, inclding
the Attica rebellion and prison labor and activist ‘movements of the
1970'-80',

became an Anarchist, a jaihouse lawyer, and a prison activist
ing the 1970's because of Martin Sostre. In fact, t was a result of
observing Martin's intemational defense committee and seviiny how he was
able to put pressure on the goverment, that encouraged me to create the
“Free Lorenzo" movernent, waich resu'ted in my own freedom in “984 from twe
life sentences. Lowe him a tremendous personal debt. I spoke to him less
than a month ina prison cel, butt changed! my life, He had sieritar
impact on many others who never met hr, but benefited from him standing
up for their rights,

  

 

‘We don't have him here today in the flesh, but we can atleast honor his
memory and never tet it die!

 
INTRODUCTION 7

Martin Gonzales Sostre was bom in Harlem N.Y. on March 20,
1923. The years between ths date ard his long prison term from 1992
to 1964 were not nolike the early years of Malcolm X, Eldridge Cleaver
and millions of other oppressed youth of the black. colony within
‘America, Survival and temporary escape have been the key words for
how many millions of the work's poor under the conditions of abject
poverty imposed on then?

While in Auica State Prison, Martin, along with many other black
prisoners, tecame aware of « bold new ferce at work in the grass-roots
of American society. Its first manifestations were in the Muslim
newspapers smuggled into the prison, in the whispered suggestions of a
Black Brotherhood and the strange but surprisingly sensible attacks on
the decadent white society outside the prison walls. Martin was able to
fit these ideas together with those he hed picked up in Harlem as a
youth. He was able to see the power of these ideas and the wey they
united the vast majority of mankind against the infinitesimal few wao
ruled.

On his release from prison he came to Buffalo, ¢ mere 35 mites
away, and got a job as a steelwerker. Once on the streets, Marsin saw
that the ycuth were realy for action to test end refine the new ideas
‘And Martin himself listened with growing excitement 1o the reports of
world-wide struggles, ever expanding, of the oppressed against the
oppressors: Vietnam, the Arab workl, Latin America, China, Africa,
Cuba, Everywhere, in the middle years of this decade, the poor were
rising up.

So Mactin, on his earnings as a steelworker, rented a storefront in
the heart of the black community of Buffalo and stocked it, as best he
could, with watings on this glotal revolt of the poor against the rich.
He called his store the Afro-Asian Bookshop.

To the rich of Buffalo, the store did not go unnoticed. The visits
by local and federal cops began almost immediately. After the Buffdlo
rebellion at the end of Jun: in 1967 the harassment was stepped vp.
Martin had not been idle during the rebellion. The sale of literature had
increared greatly urder the influence of “events”. To those who could
rot pay, he lent it and sometimes gave it away. He kept the store open
all night and spoke to crowds, using pictures from magazines and the
‘white cops, running hog-wild ‘in the streets outside, fo illustrate his
points about white colonialism and the need for black
self-determination and socialism.

Several days after the rebellion subsided, as an answer to his
g

activities, the cops smashed the front wirdous of the store and firemen
hosed down the Inside of the store, destroying most of the offending
Tterature. When Martin turned this attack to his advancage by plastering
political wall posters on the boarded-up windows, the cops tried to nip
tiem down. ‘The long black Cadillacs of city officials passed, slowing to
‘a crawl as they passed the store. Martin informed several friends that
the store was under surveillance from a window across the street,

"The fins) attack came on the evenirg of tly’ 14th, Several
carloads of non-uniformed white cops stormed the shop, arrested
Geraldine Robinson, Martin Sostre and three young men in the store at
the time.

‘The subsequent legal struggles, setbacks and gains, are described at
length in an earlier pamphlet, Lerters From Prisor, and cennut be
repested here. For a copy of Letters, end $1.00 plus $.25 mailing cost
to the Mertin Sostre Defense Committee.

The pretent work concems ihe court appearances surrounding
Marlin Sostre's conviction on the frameup charges of sale and
possession of heroin. The testimony has been reproduced from court
fecords and extensive noies taken by Defense Committee members,
There are three main parts to the sto:y. First is the so-allec
“psychiatric hearing” which is preliminary to the main trial bu:
provides an introduction to the drama yet to unfold.

"The secend part concerns the main trial itself. It might be expected
that this trial would be the central event since a determination of
‘Sostre’s innocence: or guilt was to be rade here. However, it sannot be
stressed too strongly, perticularly for th reader with no previous
‘acquaintance with the case, that the guilty verdict was a foregon:
conclusion. Therefore, the important thing here was not the testimony
but ratker Martin’s pericdic comments to the courtroom spec:ators
uring lulls in the tril action, Martin chose not to participate in the
trial since the cards were so stacked agzinst him as to render the
proceed:ngs a complete travesty of justice. Among other things, he wes
without counsel, having been fizeced and double-crossed by thoxe
retained for his defense.

‘The third pert of what follows conceras the ‘‘sscond tril” or trial
to establish identity. In order to convict Susize as @ second offender,
thereby doubling the possible sentence f:om 20 to 40 years, it was
necessary tc make a determination that this was the same Martin Sost:e
who hid been corvieted in 1952. Mastin chose to remain mute

 

 

 
regarding this determination so a trial was necessary. At no time does
Martin deny he was that person, What he does is-to ignore that question
in favor of she more salient fact that the proceedings to sentence him as
a secoad felony offencer are merely continuation of the police
frame-up, making further use of paid cop witnesses, racist jurors, 2
Digoted judge and faulty evidence. Martin's keen mind is never idle
during this trial as he skillfully exposes the racist venom’ which the
white jurors try to conceal and as he picks apart the illrchearsed
testimeny of the oppressor’s cops,

‘The bourgeois press and the pigs have accused Martin Sostre at
vatious times in the past two years, of two “heinous crimes”. On the
one hand it is charged that hoshad a $5,000-a-veek diug business
behind a radical bookshop front, On the other, it is said that he was a
“Black Power fanatic”, the principal agent behind three nights of “riot”
on Buffalo's East Side. NEITHER CHARGE I$ TRUE! Martin Sostre is
a disciplined militant, dedicated to the liberation of his people and an
‘end to racism and mulitarism in the US. His victory will be the victory
of all the oppressed of the earth.

 

NO MORE FRAME-UPS! FREE MARTIN SOSTRE NOW!

 

photo of Mann Sastre ast yourg mae by Jerry Ras (painter
19 FEBRUARY 1968

THE USE OF PSYCHIATRY
AS AN INSTRUMENT OF REPRESSION

With this hearing, called by the Court to set the stage
for a much more’ momentous event, the reader 1s
introduced to the two main figures who will dominate all
‘that follows, On the one hand, Martin Sostre, thrust by his
bravery and wisdom to the very {orefront of the struggle
against his people’s oppressor. On the other hand. Judge
Frederick M. Marshall, a man whose cwn words condemn
‘him: “(i ara} sick ared tired of the long hairs, beatnik, the
ultrecliberals, the unwashed, the exhibitionists. And
despise their marching, their singing, their bleating,
vabWle-rousing, placard-camying and card burning.” And it
‘may be seen that this pamphlet is not only about two men.
It 1s also a part. of the much larger story of two historic
claszes and] two nations. The cne, looted and decimated for
generations, the other powerful, arrogant and morally
bankrupt are here locked in combat. Viewed in this way,
the story you are about ta read is part of the global struggle
now unfolding against U.S. imperialism.

Martin’s technique in this heating was to question at length the
psychiatrists who were responsible for febricating the report ‘on
‘Martin's mental state. At the very start he questicned a referenze to his
race on the first page of the psychiatri: report. He asked the dactor
(one of tke psychiatrists who had written up the report) what bearing
race had on his evaluation. The doctor replied that, “I tcok into
consideration that you were a Negro ir: relation to a multiplicity of
other events that related to your background as you explained it.”

Martin was not very satisfied with this obscurantist answer. He
asked whether the doctor had taken into account the real condition of
the black pecple as an oppressed minority living in a white racist,
hostile environment. At this point the asiscant D.A. jumped up and
objected that this was irrelevant (as he did some twenty or thirty more.

 
1
times during’ the hecring, when Martin raised this question). Judge
Marshall quickly sustzined this objection as he did almost every other
that came from the Assistant District Attorney. Martin setorted that
Marshall was trying to block the hearing into his own illegal actions and
demanded to know whether there was to be a hearing or not. Sostre
accused Marshall of trying to protect the doctor's racist sctions in
‘efusing to let Martin ask him perfectly legitimate questions pertaining
to racial oppression of Blacks in America. It is most revealing to watch
how American “Justice” works out in zractice in the American courts.
In this case, Fudge Marshall was, in practice, passing judgoment on his
own misconduct, Sostre thus remarked that, “Even Thomas Dodé
could not preside over the hearing against his misconduct! It's no
wonder,” Martin continued, “they call you ‘Mad Dog’Marthall.”

Martin then retumed to his interrogation of the doctor. He asked
the doctor if it was possible fora court order to be Used fo have people
who are oppose to racism and militarism committed to mental
institutions. “Isn't it posible,” he asked, “that a perfectly normal
person, opposing the political power st-ucture, could be committed by
a judge who is controlled by ‘he politicians and the power structure”
Martin asserted that he himself had been railroaded by the white power
structure, Uae Marshall's order to have him commitied was aa attemp:
by a racist end bigoted judge to coerce and intimidate a black man
opposed to the power structure. The doctor answered in a tone of
professorial condescersion that “This was possible”.

Marcin had been charactesized in the psychiatric report as having a
“paranoid personality.” Since this is a label often employed to slander
‘those who express systematic oppositicn to opprescion, Martin wanted
to set the record straight. Martin documented, in his argument, the very
real nature of the oppression used by the rich to maintain their privilege
and power. He explained how, in his case, political pressure had been
applied to the law firm which first took his case to drop it, prejudicial
statements made by Police Commissioner Frank Felicetta and Assistant
Chief of Detectives Michael Amico had bccn given prominent coverage
in the press, the Afro-Asian Bookshop had been destroyed by the very
cops stipposedly paid to protest property and the bail had been kept at
{$50,000 despite its obviously exorbitant character given the charges.

‘Martin questioned the objectivity of the doctor and his “science.”
Since nc scientific tests were ased during the examination of Martin -
according to the psychiatrist's own,admission - was not the paranoid
personality label merely a subjective.and pechaps even racist opinion of
the white doctor? Martin further asked what standards of objectivity

 

 
were actualy wed by the psychiatrist? The doctor answered, obviously
‘lostered that his twenty-five years worth of schooling had not prepared
him for such direct and “disrespectful” questions, thot there were no
uch etandards of objectivity. [t was mainly 2 subjective evaluation. He
insisted, however, that there were 2 group of factors whch
Characierizedva parmuoid. One of those, he said, was hostility Zeelings
toward a person or persons.

Not paranoid - Oppressed! '~

Martin asked the doctor if it were not true that feelings of hostility
toward persons or institutions may ot mey not have some real basis in
fact? Was it not true that a Jewish person in Nazi Gemany would
manifest “paranoid” traits because of the oppression suffered there?
Was it not also true then, that an oppressed black man in the US.
‘would normally manifest such “symptoms?”

Martin quoted part of wh article fiom the American Journal of
Paychianry on the effects of racial oppression on the mental health of
[Negro troops overseas. The article condemned he too loose application
of the word “paranoid” to black people and implied that i: was normal
for the oppressed to feel hostility toward their oppressors. The doctor,
faced with this documented evidence, liad to admit that Martin was
quite corzect -in 2 racist society it would be notmal forthe oppressed
Glack mirority to manifest hostility. “Then why didn’t you take this
into consideration in your repor,, doctor?” asked Martin, visibly
angered. The D.A. objected and his objection was sustaineé.

Martin then asked whether a concern about the war in Vietnam,
the senseless slaughter of oar youth, would not be considered <bnornal
ff the eyes of the ruling structure which sends the yourg men there?
“if a person happens to bean oppressed black man inthis racist society
and he ‘ghis ‘back strenuoudy gainst these evils with Uterature,
Speeches and demonstrations, would not he, in the eyes of these racists,
te thought abnormal’ Again the D.A. and Marshall interrupted and
prevented! Martin's presentation from being completed. They ruled al
of this irrelevant!

Nex, Sastre called upon another doctor who, like the first, had
found Nartin sane, but characterized by a “paranoid personality”
Under questioning this doctor admitied having heard of the black
rebellion in Buffalo the previous summer, the subsequent arrest of
Martin, the ewepaper slanders against him, ets. However, the doctcr
testified, all this was only of “epiphenamenal interest.” The escalation
in pocudo-intellectuality was thus immediately evident.

‘Martin was determined to expose the racism of this stuffed shirt.

 

 

 
13

He asked the’docior to recall a conversation conserning mace that they
had had: previously. On that occasion the doctor hed aserted, “Well,
mace #8 better then a club, isn't it?” Martin had answered, “It is not 2
question of mace replacing the club but of its bring added tothe club,
the dogs ané the gun as-ancther terror weapon.” Martin asked the
doctors whether people's moral positions and stands on issues of
conscience had an in‘luence on the psychiatric evaluation they were
given? “Doesn't one’s position on the pertinent moral issues besetting
our society ~suck as the vicious war in Vietnam and.the oppression of
the weak by the rich - have great significance? If one’s stand on these
issues conflicts with the norm of society and its rulers - would it not be
labeled ebnormal? Supposing ( am fighting racism s0 that, instead of
remaining apathetic, 1 rase my voice - would I not be considered
abnormal by the powers that be? Doctor, do you know that the two
biggest issuce confronting this country are war and racsm?” At this
point, the D.A. and Marshall cut in again, almost in chorus. Sostre
quickly shot back that Marshall was nothing but a political goon for the
power siructare. A young woman. in, the, gallery ‘was, at thispoint,
signalling approval of Sostte’s zematks. “Get that woman out of here!”
Marshall screamed to the court guards, “Taat’s right, get your goons,
Indge. You will have to use-viclence to sover yourself. You will have to
escalate just lke the warmongers in Washington.You're another Hitler -
but we will use violence to answer yous violence!”

“Get your goons, Judge!”

‘The young woman threw a kiss to Martin as she was removed from
the court by guards. Then Martin continued, “There are two moral
issues facing this country - war end racism. What are your stands,
Doctor, on these two social matters?” The dector used’ a well-worn
psychiatric trick to try to avoid the question. Instead of answering
concemningiihis: own feclings, he tried to place Martin's ideas, into
‘question. ‘He said he recalled that-Sostre had denounced the American
is ists for-the war in’ Vietnam and:chat: Martin: considered the
Negrooppressed, put down and exploited and: that Martin had seen
ulterior motives behind these social evils'as:well'25, behind: his own
arrest. The D.A. again objected ‘to the irrelevancy of the questioning
but Martin interjectediithat it was his antivacist and antimilitarist
activities which had singled him out in the minds of the power structure
as the perfect scapegoat for the vast social injustices of the ghetto
which the power structure had need to find excuses for.

   
‘Then Maitin esked, “Does the individual heve a moral obligation
and duty to mankind & a whole?” Objection! Sustained! “Would you
not consider it nomnal for a person of conscience to oppose an unjust
“war?” Objection! Sustained: “Would you not consider it abnormal for a
society to spend money transplanting hearts while at the same time
they are stopping the hearts of nineteen and twenty year old youths in
Vietnam?” At, this, Marshall again interrupted. Martin angrily shot
back, “Get your goons, Judge! This i a kangaroo court!”

|i surprise move, Martin then called for Judge Marshell himself to
trke the stand. Marshall refused aiid, sensing defeat, ruled the hearing
over. He further ruled that Sostre would stard trial. The guarés began
{© chain Sostre in the special manner reserved for him. Handcuffs on his
Wrists were attached to chackd:s around his waist. {n a last defiant
gesture as he was led out, he clenched his fists and raised them as high
as they Would go. His supporters returned the salute.

vy

 

 
1s
4 AND 5 MARCH 1968

A FINAL HEARING ON BAIL REDUCTION
AND THE MAIN TRIAL

On March 4:h, 1968 Martin Sostre appeared before Judge Marshall
to demand. action on a show cause order Martin had initiated. the
previous week. The order called. on the D.A. to show cause why
Martin’s disproportionately high bail should not be reduced. The court
convened shortly after 10 A.M. and Judge Marshall was quick to
dispense with the ‘show cause order by vacating it and denying. it
(although Marshall himself had signed the order). Martin observed that
in vot allowing the order to be argued, Marshall was actually acting on
behalf of the D.A

Martin then turned to the spectators in the courtroom and urged
them “Watch racism in America, This is an example of a kangefoo court
in fascist America. Everyone remzined silent in Germany but I don't
intend to make the same mistake. I want to be a personal example of
hhow you can resist @ legal lynching. They will not suozed when you
fesist and expose them! I am being held in a dungeon. They put 2
harness around me. This is done to no other inmate. They took all the
staples cut of my legal material. I am isolated inside the prison. There
are sympathetic inmates so I am forced to shave downstairs in the
guards" cocker room. The goons have insulted the few visitors I am
allowed and at least one hes boon physically intimidated.

“But we are not going to the ovens like the Jews did. They were
taken unaware. We have learned from their lesson. They did not die in
vain. The poor Jews:in Germany didn’t believe what fascism could do.
It is up to us to resist oppression and racism in all its facets, with all our
weapons. All the US, superiority in armaments - it can't prevail against
will and determination. Racism and militarism are two claws oF the
same hawk!

“They tuied to make me the scapegoat for last summer's rebellion,
But they have admitted in the so-called riot report the actual causes of
the rebellions. Even though little credence can be given to that
whitewash report, they did adit that they could not point to any
scapegoats, that conditions were the real causes. I have been vindicated

 
hy even this whitewash report.”

While Martin continued to speak, Judge Marshall left the
courtroom. Martin read a list of some thirty cares of inmates with lower
bails than hig for much more serious crimes, including murder and
‘manslaughter. He pointed out that the stosl-pigeon and police informer
to be used against hint was a man named Arto Willlams, a known drug
addict, up himself on charges of robbery and grand larceny.

Martin then said, “No more cooperation with our oppzessors!. We
are going to resist them! What do they expect sme to do? Say, “Yes,
boss, give mie a rope and I'l put it around my own neck.”? Racial strife
is created by the munitions manufacturers who art having a field day
with the war in Vietnam and the city aprsings. Remember the exaruple
of Nazi Germany, of what happened to the Jews, of how the Nazis pot
to power. We don’t have to make that same mistake. From now on we
are going to resist. It's people that count, not money and machincs, not
power and guns. We must caallenge the entire rotten foundation. We
must challenge everything they do, everyching they say to cover their
crimes,

“The glare of national publicity scared them when Brother Dick
Gregory came last Monday. The court calendar is a very precise thing.
Yet my cate was postponed last Monday when Gregory was here and
again last Thursday.” Martin then compared the position of the
‘opprestor to that of 2 murderer who must cover his crime. The
murderer is forsed to compound his crime by the fact that he must
eliminate those who witnessed it ““Then he must get rid of the guy
watching in the window who has seen these new murders.”

Martin also related-the situation here to the Vietnamese strugale.
““Bveryone they shoot ir. Vietnam is called a Viet Cong. The Viet Cong
are the people. Like in Vietnam we have our Uncle Tom generals in the
bleck community tc0, the equivalents of Tshcmbe in the Congo. They
are just like those militarist generals, the sellout men, in Saigon. Not
one of our “leaders” in Buffalo has raised his voice to challenge the
insult of Felicetta! Felicetta insulted the entire black community when
he lied before the racist Bastland Committee ir Washington, D.C. Every
‘one of those so-called black leaders want slong with the dail of
$50,000; they chickened out”

 

 

Martin recalled the viciousness of the local press in July and August
of 1967 when they made hay of the “outside agitators” and “fanatics
tied to June violence” and “Martin X,” etc. Martin asked, “What
hhappered 1 all these outlandish argumenis? Either the ‘riot report” cut
of Washington is wrong or Tam right. T am vindicated. 1 have to hive
some sort of redress. Now that the black community and the

16

 
‘7

enlightened people in the white commmnity see that 1 am vindicated,
they wan: Lo know, why th continuing framz-apt
“They said that black fanatics started it. If all this is a lie,
according to the ‘riot report’, they have fo give me justice! Look at how
they trice to bug me! If it wasn't for my Defense Committee I probably
‘would have been committed tc the State Hospital by now. This is the
same tactic they used on the of'icer who questioned the Gulf of Tonkin
attack. They bugged him. They take you to a psychiatrist who puts
dope in your brain. They destroy you in the nut house. They were not
playing around when they had me over there! You should see the
is beatings the Nazi goons give the inmates over there at the
aospital.

*The goons are an inst-ument used by the power structure. This is
incipiont fascism and we are here to expooe it. You on the outside and
me here in jail, from the dungeon. We will fight it everywhere. We have
to do something to expose it.” Martin then described the, photograph
which had secently appeared in all the media showing the police chief
of Saigon executing a Viet Cong youth. “This is a photograph. of
outright murder used by the oppfessor to subcue the people, But in
avery act of wrongdoing they show that they are murderers. Lm going
to fight everywhere. This court is an arena, It is a battlefield - one of
the best. We will se these same torture chambers, these same kangaroo
courts, to expose them.”

   

 

 

The murder of a Viet Cong youth
18 MARCH 1968

THE LAST DAY IN COURT

Marshall began the proceedings by directing assistant I-A. Rurke to
call his next witness, Burke called Mr. Emmett Cochrane of Attic,
N.Y., an employee of the Attica Prison, The prosecutor moved to enter
1a photostat copy of fingerprints and same recerds marked as People's
Exhibit No. 6. Cochrane identified them 2s commitment papers from
Sing Sing Prison that had been sent to Clinton Prison and then t
‘Attica. He also stated that he knew Martin Sostre, had had
conversations with him and that he could identify Soste in the
cou:troom as being the same person in :he records.

Martin asked to examine the records. After doing so for several
minutes, he stated that he objected to the introduction of these
Gocuments sid that he had some questiors to ask Mr. Cochrane with
regard to them. Martin then asked Cochrane when the photographs
were mede, Cochrane said they hed been cone some time the previous
week. Marlin asked, “Persuant to coquest by whom?” Cochrare
answered, “Mc. Burke.” “You reczived a call from Mr. Burke?” “Yes.”
replied Cochrane. He continued that a Mrs. Smith had received the
original document June 28th, 1960. “Is she in the room?” Martin
asked. “No” replied Cochvane. The dialogue corttinued a: follows:

Sostro: AUl you can tay is that yeu got a call from Mr. Rurie and got
the documents photecopied. Can you say with absolute certainty that
‘am the same person in those documents?

Cochrane: Jam certain but J can’t say with abschute certainty

Sostte: The certain ‘nowledge you do have comes from reading this
document, isn’t hat right?

Cochrane’ Yes.

Sostre: You have read the docurent? You have seen the photographs
and the fingerprints?

Cochrane: Fes.

 
49
Blatt: Yes

Sostie: And erery District 4 ttomey in the State of New York, it would
be incumbent upon him ta answer a cell of ancther one in « similar
capacity, would it not?

Mr. Buske: 7 object tv that, Your Honor, on the basis this witness
wouldn't necessarily know whether it is incumbent upon every Dierrict
Attorney in the State to render such assisiance,

Narshall: f would iike to heur the answer, Derause I hope the answer is

 

Tat: Yes it incumbent upon every etizen to answer a subpoens to
come to court, and in my case, he could uve subpoenaed me, Dut he
extended the courtesy of calling me.

Sostre: This is different from a subpoena?

Blatt: If Tsaid no, he would have subpoenaed me.

Sostre: Well, row that is a supposition ~ that didn’t occur. The fact is
that you were sent up here and that this is a County expense and trip.
Now would you get time off for this in your fob, as a District
Attorney?

Burke: / object to that, Your Honor, as having no bearing.

Marshall: Susteined This is «little remota,

Sostre: No, it not, because he said, "voluntarily". I want to know just
show he gets paid, or whether the District Attorney’s Office has allowed
him the expenses, his pay - will his pay go on or what? Whether this is
on his own, is he trying to make out like this is on his own. I want to
now if his salary ts scti gomng on.
Marshall: You are still being paid by Bronce Crunty?

Blatt: am stil being paid by Bronx County.

Sostre: In other words, you are acting in the capacity of a Dismict
Attorney, is that correct?

Blatt: An Assistant District Attomey, that is correct.

Sostie: Yuu are not just “dong your duty” like an ordmary citizen,
who would not get a full dav’s vay for their day's work is that
correct?

Dlatt: J don follow your question.

  

 

 

And s0 it continued, with Blatt dodging and ignoring the pointed
questions. Finally, at five p.in., Court was recessed to ten o'clock the
following Monday morning.
18 MARCH 1968

THE LAST DAY IN COURT

Marshall began the proceedings by directing assistant DA. Burke to
call his next witness, Burke called Mr. Emmett Cochrane of Attic,
N.Y., an employee of the Attica Prison. The prosecutor moved to enter
a photostat copy of fingerprints and some records marked as People's
Exhibit No. 6. Cochrane identified them es commitment papers from
Sing Sing Prison that hal been sent 10 Clinton Prison and then
‘Attica. He also stated that he knew Martin Sostre, had had
conversstions with him and that he could sdentify Sostre in the
courtroom as being the same petsoa in the records.

Martin asked to examine the records. After doing so for several
minutes, he stated ‘hat he objected to the introduction of these
documents ed that he kad some questions to ask Mr. Cochrane with
regard to them, Martin then asked Cochrane when the photographs
were mede, Cocksane said they hed been cone some time the previous
week. Martin asked, “Persuant to request by whom?” Cochrane
answered, “Mr. Burke.” “You reczived a call from Mr. Burke?” “Yes.”
replied Cochrane. He continued that a Mrs. Smith had received the
original document June 28th, 1960. “Is she in the mom?” Martin
asked, “No” replied Cochrane. The dialogue cortinued a: follows:

Sostee: All you can sap is thet you gat a call from Mr. Burke and got
the documents photocopied. Can you say with absolute certainty that
‘am the same person in those documents?

Cochrane: [am certain but 1 can’tsay with absilute certainty.

Sostre: The certain knowledge you clo have comes fram reading this
document, isn’t that right?

Cochrane” Yes

Sostre: You have read the document? You have seen the photozrapis
‘and the fingerprints?

Cochrane: Yes.

 
zl

indictment for the past eight months, has been under indictment as well
as the other, charged with Section 1533, tubdivision'4 of the Penal
Law, which relates tc frequenting a place where narcotics were sold,
and his statement here is very revealing. He states here that there was ¢
beating in the shop by police, that somebody was blackjacked, namely
‘me, that one of the pertons in the shop, Geraldine Robinson, wat
thrown on a couch. He also states that he was taken to police ~ chat
there was an officer that pulled some narcotics out of his pocket arid
said, “At ha, here it is.” He also states that when he was taken to the
Police Station, that Chief Amizo stated, “If you know any information
on anything ebout Soztre, tell it and we will let you go.” There are a lot
Of things here that weren't brought out by the parade of detectives
here They didn’t mentionany ...

Marshall: Ave you addressing me or the audience?

Sostre: You, Your Honor.

Marshall: Ail right then, look at me.

Martin then continued speaking. Though the statement taken from
the youth was a straightforward testiment to Martin’s innocence,
Martin’s main concern was to show how he had been preverted from
locating the anain witnesses and how the Court was using these youths,
who had, undoubtedly, been under considerable police presure since
theit arrests, 10 hide the gross injustice being perpetrated.

Sostre: don't think the deferse is bound by any witnesses whicis the
Court may secure, particularly since: the main witnesses have not been
sought, ond all of the efforts that the Court hes made outside of the
scope of the Code of Criminal Procedure, since there has been alot of
maneuvering in the Judge's chambers, There were conferences with Mr.
Maloney and the Court and the District Attornay in’ the Judge's
chamber: on the question of witnesses. Yesterday, after the jury. was
‘aken out, tt was brought out here when Your Honor made statements
about this investicating. The jury does nat knaw anything abour this
because they were already out. So all this maneuvering behind the
scenes and these fellows that-were charged with narcotics for eight
months, now charged with frequenting a place where narcotics were
sold. How con they be charged-with that when I haven't even been
convicted of a narcotics tule, There was never any narcotics sold at
1412 Jefferson Avenue, So you con see that the police were used in
order to frame black people in our neighborhood and silence all
opposition. This is why I em here. That is why T am resisting, f0\show
these things up, 10 unfrock the fraud and the dirty double-cross and
Jramesups that the racist white power structure employs to subject or
‘sibdue al! dissenters ard militants, black and white,

Marshall: We have heard ull that, 22
Sostre: No you haven't.

Marshall: These baseless and unfounded accusations you made, we have
heard before. If you want to stick to the issues, go ahead. If you don't,
sit down,

Sostre: Jhis t the issue here. So now I don’t know what position the
Court is going to take. The Court is going around in circles, trying to
ostensibly aid me, when all it has to do is reduce my tail, becmuse 1
could recognize the witnesses. It would noi take me any time to find
the witnesses who had been in the shop several times and whom I have
seen in the neighborhood but, because of the excessive bail, I have been
prevented from finding them.

Marshall then begins to ask Martin more questions about the four
main witnesses, feigning a concern never before evident in ali the
months of Mertin’s incarceration.

Marshall: How many are there? Three?

Sostre: Four.

Marshall: Are there four descriptions there that you gave?

Sostre: Yes.

Marshall: Where would you go to find them?

Sostre: Right to the neighborhood where J see them. They shop up and
down Jefferson Avenue. They hive bee in the bookshop several times,
Marshall: You don't know the addresses?

Sostre: No. I can recognize them by sight plus they have been in my
shop to'purchase records on at least two oceasions before this last time,
Marshall: Alright, that is all. Thank you.

Sostre: And so, as I was saying, I don’t know if these are your witnesses
or maybe Notaro’s, the D.A.’s witnesses. Evidently he doesn’t want
them because he never brought them up.

Notaro: Your Honor, I object to this.

Sostre: Idon’t know whose witnesies these are,

Notaro: I object to this continued reference that he makes to these
witnesses. These witnesses are out here, They are available if he wan's
them, and any other witnesses ho wants us to subpoena, we will be
happy to subpoena them.

‘Marshall: AIl right.

Sostre: ! did not ask for these witnesses without the other four.
Marshall: Let's have Mr. Dade's report. He is here now.

  

 
23
Dade’s report

Mr. Dade: Your Honor, first of all I would like to apologize for being
late in the court. F-was out witil four o'elock this morning trying to
complete this investigation and when you called or when your office
called I was in the process of writing it up... Pursuant to the request
of the Court and alsn'a request by Mr. Maloney, Clarence Maloney, who
advised me that he was aisisting Mr. Sostre.in this matter before the
Court now, I was asked to conduct an investigation with respect to
some witnesses for the defenciant. In line with this, I interviewed Mr.
Sostre at Erie County Jail commencing at six o'clock yesterday
afternuun and concluded at eight twenty-five p.m. yesterday afternoon.
Mr. Sostre confided to me that there were factors with respect to. this
‘matter that indicated from the police raid that he wes framed and that
certain iilicte drags that were allegedly found tn tis bookstore were
planted there and that there were four persons present in his bookstore
at 1412 Jefferson Avenue on July 14th, 1967, sometime prior to the
police raid of the store, Mr. Sostre indicated that these witnesses were
not present when the raid occurred. These witnesses were customers in
‘he store shopping for phonograph records. The witnesses as given t0
ne we described as follows: the first one, a man about farty-iwo years
old, six feet til, one hundied-eight? pounds, dark-skinned, deep
sunken eyes end keen features, No name or address was given nor was
there any other distinguishing ‘tems as to scars, facial characteristics or
amy other distinguishing features giver. of any of these. The second
wimness as indicated, a woman, light-skinned, curly hair, stim, five feet
sbx inches, skinny legs, approximately twenty-eight years cld. The third,
1 man, five feet nine inches, medium brown skin, thick mustache, one
hundred sixty pounds, twenty-six years old. And the fourth witness, a
zi, light-brown skin, five feet two or three inches, one hundred fifty
pounds, large breasts, twenty-two years old, smiles frequently and
‘wears a natural bush hair ctyle, The defendant indicated that sometime
after the four witnesses, these customers, left, members of the Buffalo
Police Department and other lew enforcement officals rushed into the
store and immediately commenced beating Geraldine Kobinson:and
when he went to her rescue Ke then was attacked hy the police. The
defendant claims that polive found no illicit-drugs in:the store nor did
‘hey witness uny sale'or attempted sale. Defendant said that this ts a
police frameup. Defendant indicated that Charles Howard, Darrel
Groves and a Johnnie Junior were present in the store when the police
24

‘entered, He further said that tiey were also phonograph record
customers. According to Defendant, Charles Howard received a brtai
beating from the police causing severe swelling of Howard's arm.
Deferdars states that the potice wanted to coerce Howard 10 confess
that he, Defendant, had heen mamifacturing Molotov cocktail,
Defendant stated that he did not want these three persons as witnesses
‘for the defense, He said that he wants the four wronesses that J have
‘dreaiy mentioned. An investigation which included a thorough search
of the business places, residences, and street: in the swrounding area of
Jefferson, Glenwood, Woodlawn and Dupont Avenues tn an effort t0
locate Defendant's four witnesses - Defendant desired and requested
that this be done - for a period commencing at 9:30 pm. - I might
indicate here, Your Honcr, I haren’t written it tn, but Mr. Sostre
‘indicated that this could best be done by him if he were out on bai.
Fora period commencing at 9:30 pm. on 36/67 to 3:30 «.m., 3/7/68 -
Jam sorry, 3/6/68 t0 3:30a.m. on 3{7/68, approximately two hureired
erscns were interviewed at tavems, pookooms, residences, service
ations, restaurants, liquor stores and the streets in the area indicated
bow. No one interviewed or questioned relative to the four witnesses
of the defendant knew of anyone either fitting the descriptions of the
witnesses indicated nor did they indicate seeing anyone in the area
around the dite of the raid on the Deferdant’s sore. Defendant stated
during the interview that only he could round up these witnesses,

Darrel Grove’s statement

Defendant gave no name: nor addrestes end no other information
relativg to the wimesses. The descriptions given by the defendant of his
witnesses from the interviews that T hve had could jit any number of
Persons frequenting the general area where the Defendant's store is
Stuated, Prior to the intervtew with Mr. Sostre, | did interview d Mr.”
Darrel Groves who gave a statement relative fo the events on the
evening of July 14th, 1967, The statement is ax follows: “Darrel
Groves, being duly sworn, deposes and says that he ts nineteen years of
cage. Date of birth, October 16th, 1949. Retiding at .

Statement taken at Erie County Hall, Part 1, Erie County Court, by
Donaiel Dude, Investigator, Legal Aid Bureau. I do not know Martin
Sostre but I know Martin Sosire from my presence in his bookstore
located on Jefferson Avenue near Woodlawn in the City of Buffalo,
New York. I'was in this store on July lth, 1967, at about 10:30 10
11:00 p.m. I went to the store to purchase a phonograph record. Mr.
Sostre was conducting a fire sale on records. | noticed a young boy who

 
285
1 know, who 1 knew to be Johnnie Junior who ives somewhere on
wee Mr. Sestre was present in the store, idid-not know
who Mr. Sostre was until a time later witile we vere both in police
custody. Also present in the store wasa gil named Geraldine Robinson
who I know only by sight, having seen her from time to time, Charles
Howard, who livesat ... » wasalso present with me when I
went into the bookstore. Charles Howard also went:into the store 10
Purchase phonograph records. Ta the Best of my knowledge, these weie
the only persons in the store when I entered: Charles Howard, Martin
Sostre, Geraldine Robinwon end fohnnte Junior, While Charles and 1
were in the process of bokang through a stack of records and after
about three minutes from the time we entered the store, several
members of the Buffalo Police Department entered the store. The
police nished into the store and shouted, ‘Get up agtinst the wall.
Some of the police officers were in uniform and some were in
plainclothes. I don’t recall exucily how many there were. Charles and
0 up against the wall at the first command. i did not see the others
because I was facing the wall and did not turn around until I heard a lot
of noise and screaming by the girl. looked uround and I sav the police
attacking Martin’ Sostre. I saw one police officer sab Geraldine
Robinson and push her down into a couch; { observed a blackiack being

 

Geraldine Robinson -
co-defendant of Martin Sostre
zs

used by a police officer. I aw « police officer with upraised - upraised
hand and swinging the blackjack. I cannot be sure that the officer with
the blackjack actually struck Martin Soztre. No one else present was
attacked hy the police. At one point during the confusion the police
t00k Sostre into a back room and out of my sight. During the time
from when I entered ihe store until the tirwe Land the others were
taken out by the police, no one else entered the store. The police had
closed the door. While the police kad Sostre in the back room they
subdued him and handcuffed him and threw him on the floor in the
front of the store, A police officer asked me my name, age, and what I
‘was doing there, and for identification, J told the officer my name,
aaldress, and whai T was doing in the store, I did not have any
identification. The same questions were put by the police to Johnnie
Junior and to Charles Howard. I heard Sosire ask the police to show
Fira « warrant, Sostre was handeuffed end on the floor at the time, T
saw a police officer show and hand a warrant to Sostre, Iheard Martin
Sostre say, ‘You're trying to catch me selling pornography.’ I don’t
know whether Geraldine was questioned in the store or not. The police
conducted a thorough search of the store, I did not see tke police find
anything ilegal. I did hear an officer say, ‘Aha, here it is." I observed
the officer, who was standing right.in front of me, pulia pocket of what
Lassumed to be « drug of some kind out of his pocket. The officer
stated that he had found it in the back. Sostre remarked, If you found
something, you put it there,’ 1 and Charles Howard were handcuffed by
the police and taken to a police van where we were ordered to enter.
Martin Sostre was brought out and put into the same polic: van, I dunt
vecali what happened to Geraldine Robinson except that a police
woman was brought in to search her. I cannot say what happened to
Johnie Juror. Charles, Sosme ard I were when to Police
“Headquarters. At Headquarters all of us were searched. We were taken
to the Narcotic Squad Room. The police told Sostre- the police took
‘Soste to some other place. After Charles und ! were in the Narcotic
‘Squad room, a man known only to meas Lennie, was brought into the
Squad room. Chief Amico took me into the room where he stated, ot
‘you know any injorrnation or anything about Sostr, tell t and we will
let you go.’ told: Chief Amico, ‘I don't know anything.'I told Amico
essentially the same things as I have indicated herein as regards why 1
was in the store, At this, the Chief ordered me to be booked. Iwas then
booked and charged with jrequenting a place where narcotics was being
sold and used. Charles and Lennie were also booked and charged. We
‘were all arraigned in City Court where the cases arestill pending. Iam
not a narcotics addict and I do not use illicit drugs. I never had any

 
knowledge. that. drugs of any kind was ever sold in Martin Sostre’s
bookstore, or by Martin Sostre, I have freely and roluntarily made the
foregoing statement without threat of any kind and witiout promise or
reward of anything, No force or threst of force was used to elicit this
Statement from me, I fave read and understand the ttatemen! and 1
find it to be true in erery respect.” And signed, “Darrel Groves.” T
conducted an investigation into the criminal record of Darrel Groves
and have a certified copy ftom the Police Department that he’has-no
record outside of the case now pending against him in the City Cowt,
and this is as for, Your Honor, as I have gotten in the two days that I
‘have been assigned to do this investigation, 27

Sostre’s rights denied, Notaro’s #ffirmed

Marshall: Thank you. AU right, Mr. Sostre, do you have any otter
‘witnesses Gther than these four that you claim?

Sostre: No. AULT have are the four witnestes that Thave been asking for
‘and asking for reasonable bail to find them.

Marshall: Do you desire to call any other witnesses?

Sostre: Ido not have any witnesses at this time,

‘Marshall: Do you desire to take the stand?

Sostre: At this time my attitude is the same. I am objecting to the
whole frame-up deal and I cero: partictpate in tht, besause I am being
denied opportunity to present a defense by being deliberately held
uader bail higher than anybody else's for the purpose of covering this
Srumeup. This is what the Court uncovered accidentally just now. So
‘you know why can’t be allowed out there.

Martin is thon asked if he wishes to take the staad himself or to
sum up. He repeats his refusal to participate in the staged farce and the
Judge threatens him with contempt of court. Martin replies, “Your
Honor, not only have I invoked my constitutional right to a fair tial,
and the constitutional right to be afforded the compulsory process of
obtaining witnesses, the right of reasonable bail, the right to a fair trial,
but I am also invoking the right to colf defence in order to: defend
rayself from being lynched.” Marshall attempts to interrupt but Martin
continues, “I have letters here that state they took five hundred dollars
from us and withdrew from the case after doing tuo hours! work. So if
the firm of Lipsitz and Fahringer can do that, I'cannot put my freedom
in the’ hands of anybody ese.” Marshall ther. dectares that Mactin as,
‘waived his right"to summation. He’orders the jury returned’and then
signals No‘aro to begin his summation.
2s

Notaro’s summation is shori. After a brief review of the “evidence”
he concludes: “Now, on behalf of the People of the State of New York,
T demand from this jury, from you, Mrs. Matthews, and Gentlemen,
nothing more than justice. I demand a verdict from you, the type of
verdict thet Will have a message in it for this defendant, the message
being that Mr. Sostre, we don't believe your story that you were
framed; the message being further, Mr. Sostre, we don’t delieve your
suggestion that police officers would come into this courtroom and
prosticote themselvos for the likes of you and Mr. Sostre, ater we can't
buy those stories, we can’t buy the idea that you were framed, but we
buy, Mr. Sostre, the fact that Arto Wiliams can and did buy, Mr.
Sostre, dope from you. Thst is the kind of a verdict the People expect
from you and we expect the verdict to have « message which continues
further and says, Mr. Sostre, after he beught your dope and efter the
police officers came into your premises, you exhibited to us, Mr.
Sostre, a pattem that has continued throughout the course of this trial
and up to today, a pattem of complete distespect for law and order;
you, with impunity, Mr. Sosire, picked up thie knife and cut a
law-enforcement officer. Now, it should be obvious to you by now,
Mrs. Matthews and Gentlemen, that the People of this State have not
‘been intimidated by the actions and outhursts of this defendant, nor
has this Court, and I am convinced that you, as responsible members of
this community, also have not been intimidated. It takes courage to
render any kind of verdict and I am sure that your verdict will contain
the courage in cosesponse, in cozelation to the oath that you took
when you were sworn in as jurors, to well and truly try and true
éeliverance make, not only for this defendant but for the People of the
State of New York. Good luck and God bless you in your
eliberations."

‘Two trials In one

Marshall then gives his charge. It i fantastically lorgwinded. He
repeats the charges over and over, spends tong minutes on the fine
points of law which have never been raised and with which no one has
‘been the least concemed. But never once does he mention Martin’s
abjectiors, never once the points of moral law and conscience, of
racism ard militarism which are the real basis of the proceedings. At the
conclusion he asks if there are any objections. Minds are spinning from
the thousands of words of legalistic jargon they have just been forced to
endure but Martin quickly rises to the query:

 
"Ll greet you from prison and thank
all of you who areysupporting me 29
in my defense ‘against. the frame-up
designed to destroy, me and the book-
shop which some of ‘are familiar
with which they, the power structure,
say is inflammatory: ‘and Marxist, etc.

 

My position is that, although the
literature may. ‘be objectionable to
sone, and I have had threats to

cease the sale of this +yy
erature, I have’ the ‘cons

  

right to sell all. literature which
promotes freedom of. thought and dis-

 

If this is a crime, then I must al-
ways be a criminal because asia book~
seller who believes in freedom of:
thought. in this so-called democ acy»
I feel that it is my duty toa.
bring this literature, not only:
my own people who need it the most, but
also to you students of the white, commu-
nity and to all people who. are seeking

: Be and other opinions, other:
tha: “those projected by the controlled
press." f

  
 

  

=~ August ‘1, 1957
5
5
12
5
5
5
8
e
E
<
5
3
5
et
4
4
B
:

Mart:

 
a

14 MARCH 1968

THE TRIAL TO ESTABLISH SOSTRE'S IDENTITY
FOR CONVICTION AS A SECOND OFFENDER

On March 14th, Mertin Sostre appeared before Judge Marshall on
‘an attempt by the Court to sentence him as a second felony offender.
Sostre was to be sentenced today for the conviction handed down-on
‘March 7th. Martin, aowever, had appeared before Marshall earlier in the
wook and hed stated that he was going to chellenge the
constitutionality of the present conviction and the earlier 1952
conviction,

‘While th testimony which follows epeaks for itsalt, it ie imoortant
to note that curing this trial Martin was able to take a much more
active role than during the snain trial. More for purposes of educating
his supporters than in any real hope of obtaining justice, he examined
the jurors and crossexamined the State’s witnesses at length. The brutal
racism of the jurors and the collusionist and deceitful character of the
cap witnesses which Martin uncovered show the tremendous talents this
“high school drop-out” has developed in his years of struggle against
‘oppression,

 

‘The gog-prone judge

When the Court had been convened, Judge Marshall indicated that
he had provided Sostre with a statement accusing one Martin Sostre of
1 1952 norcoties convistion in Bronx County, N.Y. Marshall exid that
with respect to the statement, Sostre had ‘the right to admit the
information, deny it or remain silent, In sither of the latter two events,
he was enritled to a tril to establish his identity. Martin said, “remain
mute insofar 2s [ am that person in that information.” Marshall then
called for a jury tobe pinelied.
32

Marshall then asked Sostre if he intended to envoke a challenge of
the constitutionality of the first conviction. Martin said that there was
no law requiring the raising of the questian of identity and o?
constitutionality simultaneously, Marshall, however, ignored Martin’s
assertion aie simply kept repeating the question, implying that, if

fartin was dping to do it, he must do it immediately. The exchange

yntinued until Martin pointed out that Marshall was trying to
intimidate him and sid, “I have the right to be tried by an unbiased
judge.” Marshall turned blue at this ard threatened to hold Martin in
sontemp: of court if he didn’t stop. Martin then said, “I have the right
to be tried by an unbjaged judge and I will always ask for that. You
sannot intimidate me by using Nazi tactics.” Marshall repeated his
test. Martin said, “Get your goons, Judge! I want everyone to see
what you're doing. We will fight you right here in the courtroom!"
Marshall then called Sostre in contempt of court and said he would pass
appropriate sentence at the conclusion cf the proceedings.

Martin continued to speak. “We are resisting. This is war and you
know it. You are going t> get another Vietnam right here!” Marshall
ordered Martin to sit down and shit up. The court guards surrounded
him but Martin resisted them and they. surprised ty Martin's lack of
fear of them, stood motionless, unsure of what to do next, in full view
of the courtioom) audience, Martin continued, “The fact that you are
getting resistance in the courtroom means that you are in trouble. We
are not going to let you intimidate us. This is war!” Marshall screamed,
“Got a gig!” to the guards. Martin continaed, “You ate a gag-prone
judge. But none of these gestapo techniques will work here. In
Germany, six million Jews were killed by Nazis like you. Too many
people there remained silent. But we are retisting you. Your system is
going! This is war!” Again Marshall screamed, “Gag him!”

The court guards had, at this point, somewhat regained thei
bearings after the colosed affront of being defied and hurriedly led
Martin fiom the courtroom. But not before Martin was eble to turh to
the speciators and szy, “You shew me a racist and I'l show you «
mmilitarist. We are resisting fascism. Inst like the partisans fought
Bither!”

 

 

 

 

When Marti was returned to Court a short time later there was a
towel tied across his mouth and, after they sat him down, six guarde
surrounded him. Of course, to proceed with the trial, Marshall shortly
had to order the gag removed. As this was being done, Marshall asked
Martin whether cr not he was the same person who was convicted in
Bronx County in 19527 Martin retorted, “T want to challenge this jury.
T den’t see any black faces here among these prospective jurors. |

 
demand to te wied by my peers, by my own people and those of
similar, egonomic: ached |20.me, which is my. constitutional sight.
v These. are tiot-my peprs!”he said, motioning to the prospective jurors.
although there’ are over'l00,000.black people in this area, there isnot
‘sone. black juror. This, points cut the racism ‘here. and’ shows that the
‘lack peopleare systematically excluded trom/cverything:Wehave here
awhile judge, a-white stenogsapltess an allorhite jury.

 

 
 

& Consclenge on“law”

© Marhall and the assistant D.A., winose name was Butke, began t0
‘question the jurors, one at a time, as to whether or not they would take
© the law the way the Court saw it'or the way they personally’ fell. All
 Dut-a few said that they would follow the Court's dictation, Next,
‘Martin examined the jury. He took an approach diametrically opposed
to that, of Burke. Martin asked the first juror, “Now. if you are dealing
with a situation, let us say, a:situation dealing with consoisnce, and
your humanity ‘lis you that the law is different then’ the judge's
interpretation, would you go alongwith the judge or use -your:own
‘head? For example, take the Vietnam War. Let us say we got an order
‘from the Pentagon to send another million:men over there, and:then
another million, and another. Are'we to:cbeyithis order Jecause it is
‘gyen-by the powers-that-be? The fedeval government says'yes. But you
“jue an,jndividual. Le: us say that, bocaise of that lew, your ‘own life i
placed in jeopardy and that all your resources are eaten up, that the law
‘s,Qqusing racial strife in the cities becatise the reyerues are being used
“for wg instead of bsing fed into the cities to'pay: for the xeparations
Sidue'to. the black people for the long-inflicted injustices. Would you
‘obey the law to the letter in this.cise argo along with your own
‘corscieace? Would you blindly go°along with the ‘aw or fellow your
‘own common. sense and hurranity?” ‘The juror-replied, “I feel that a
person should’sbey tne law to the fullestextent.”

‘Martin asked the same question of all the juror, getting the same
type: of-reply. again and again. Most stated, “I would go by the law
regard “T would ‘obey “the law.” Finally, one juror, the only
‘one’ dressed in work clothes (he:bad previously ideatified himself-as a
ccarpentes),;.Stated, “I would apply my own ‘thiaking.” Burke
immediately stood up and asced that this juror be'disuissed. Marshall
told the men to leave: the jury box. Martin commented, “This shows
that anybody who thinks independently, rot like a robot, who doesn't
go along with the program, is not wanted. That’s how Hiller got to

 

 

 

 

 
   

fxm THE PITT PANTHER Aay ANNACK fos

 
 

 

nsfatficens” Lal Speitet ee

 

1925

CRM HE Pate PANTHER ART ATTACK —fmem |

 

1965

 

i:

 
3s

power. That is fascisni!” As the independent-thiaking juror was leaving
Martin said, “There’s 2 good man. He thinks for himself. But under the
police slate you can't think for yourself. Under fascism it’s not
allowed.”

Then Marshall. asked Martin if he had any objection to the
remaining. jurors. Martin answered, “I object to. these. illegal
proceedings. This jury, in addition to being all-white, hashhad everyone
with independent thinking taken out. Even the one who originally said
he wouldn’t go along, because of the mass coercion and the coercive
pressure of the rest of the jurore, was foreed to change. [Martin waz
referring here to one juror who changed his mind about “he law” whea
reexamined by Burke]. ‘The only man with the guts to-stick it out
‘against the proasure was taken out.”

‘The Court called for a new juror to replace the one who had been
removed. After he was: seated, Martir. was given the opportunity to
question him. Martin acxed, ‘Sir, suppore your life were at stake
‘Deceuse a law you were following blindly placed your life in jeopardy.
Would you continue to follow this law blindly of would you use your
own thinking?” The juror said he would * follow the law.” Martin
‘then said, as he turned to the audience, “Watch this closely! This ceally
shows what we are up aginst, the seriousress of the massive coercion
uilized against us.”

Martin then stated that he wished to make further challenges and
proceeded to ask a juror, “Do any black poopie live:or. your block?”
The juror replied in the negative. “How co you feel about the racial
strife?” The juror ssid, “Don’t know.” Martin asked if he hac read
anything about Felicelts’s or Amico's statements about who was
responsible for the “ciots?” The jurors aid, almost uniformly, “I don’t
recall.” Martin asked jurors if they recalled hearing of a man named
Martin 3ostie who was supposed to be rceponsitle. for starting the
rebellion? He asked if they read the newspapers regularly, if they
recalled a police raid on the Afro-Asian: Bookshop after the “riots.”
Many jurors admitted reading articles about the rebellion and some,
rather reluctantly, admitted hearing sbout the Afro-Asian Bookshop
and the police maid. Many of the jurors were extremely evasive and, of
‘course, Marshall only encouraged this. One juror denie¢ being ir town
during the :ebellion but, when Martin pinned him down about dates,
admitted having been in town ard Eaving read the slanderous
newspaper articles.

Martin then began to asc questions almost exclusively about rave
and discrimmnation, He asked Individual jurors if ney liad lived near any
“colored” people, did they live in integrated neighborhoods, did they

 

 
a
‘wer socialize with black people, etc.? One juror. after admitting that he
lived in an all-white neighborhood, tried to ‘cover his rather obvious
rociam by stating that he had associated with blacks while he was in dhe
Navy during the Second World War: Mar‘in, however, forced the man to
admit that at that time in the U.S. Navy, segregation of blacks was the
official policy.

In reply ‘0 a white businessman who said that he had one “Negro
employee,” Martin said, “It is impossible in this country not to come
‘nto contact with “them” even if you would like to avoid them. You
can’t help having occasional brushes with them. But I want to know if
you ever socialized with black people?” ‘Iie juror said that he did not.
Fudge Marshall called a recess.

“Do you believe there is racism in this country?”

After recess, Martin continued his interogetion in an
unquestionably successful attempt to bring out the subtle and
sometimes not so subtle racism of his so-called “peers”. What follows is
some of the rather revealing testimony of these people:

Sostre: You stated that you didn’t live with Negroes. Woudd you abject
to living in an integrated neighborhood?
Juror: Some.

 

Juror: It depends on the type of Negro. Some aren't nice.

Sostre: Well, isn’t that the situation in your all-white neighborhood? It
hhas some people who are “nice” and some nct so “nice”.

Juror: No, everyone in my neighborhood is nice,

Sostie: If your neighborhood were colored and so-called “nice”, would
You have any objection to living there?

Marshall: The lady already said no.

Sostre: Do you believe in open housing?

Marshall: Let's not get into philosophica’ discussions:

Sostie: Do you think you know about the problems, habits, struation
and circumstances of the black people?

Juror: J worked with “one” so I know the problems.

Sostre: You meun you had “one under your jurisdiction, working for
you. You knew one “nice” Negra and therefore you know all the
problems. Do you judge all the Negro people from this?
Tnror: One works forus—”
Sostre: Where does he live? 38
Turor: In an integrated neighborhood.

Sosire: Have you been there?

Suror: No,

Sosire: Do You have any objection 10 black people living in your
neighborhood?

Juror: Not if they are lawabiding.

Sostre: Do jou believe Negroes should receive their civil rights?

Juror: Yes, when they prove themselves capuble of workang.

Sostre: Wat do you moan? You believe they haven't proved themselves
- the black people built this country!

Juror: Those tha: have proved themselves cqpable of working have what
they want

Snstre: Do pou helieve thet there is white racism in this country?
Buike: Objection!

  

 

 

Assistant D.A. Burke: Oljection!

Marshall: Sustained. You will be stopped when J corsider questions
proper,

Sostre: Hare vou had any cther periona! relationships with Negroes,
other than that one?

Juror: No.

Soxtre: You don't socialize with any other black people?

Juror: No, just that one.

Sostte: /turning to another juror,a businessman) Where do you live?
Jucor: Wintzmssite. (one of Buffelo's poshest suburbs}

Sostre: Are there an? black people in your neighborhood?

Juror: Yes, yes! Ernie Warlick. [well-known sports announcer,
‘businessman and former football player}.

Sestre: Any others?

Juror: Two more. Tae neighborhood is predominately white

Sostre: Do you have any other relationships with black people?

 
Geraldine Robinson
and her five children

 

Six victims
of a racist frame-up
Marshall: Sustained! Let's not bring in social issues, Sostre.
Sostte: This case is 2 social concern, [tis racism we are fighting, white
racism. 40
Marti continued examining the jury in this manner. He often
asked whether they had read the Presidential Commission's “Riot”
Report, whether they thought the Negro was discriminated against, was,
‘there such a thing as white racism, end did they think the black man_
‘qualified for civil rights’ Most jurots stated that they did not know of
the report, they did not think there was any discrimination, they didn’t
krow about any white acim, and had no opinion on civil rights. A
typical exchange went as follows:

 

Sostre: Do black people have the same rights as white people?

Suror: No opinion,

Sostre: Have you read any of the official reports stating that it is white
racism in this country that ims’ the black mun in an oppressed
condition?

Suror: No.

Sostre: Have you heard of the civitrights laws to ghe the black man
equality ?

Furor: don’t know.

Sostre: Why should the government have to pass civil rights laws if the
Diack manis already equal?

Juror: No opinion.

‘Martin turned to the spectators and asked, how ke, a poor person
with black skin, could get a fair trial frori ‘such an assemblage of
robots? To his assertion that this was not'a jury of bis peers Marshall
retorted, “It-doesn't make any.difference.”!

Martin continued his examination. He asked whether or not they
mew of die poverty in which most black people were' forced to live,
whether chey had friends who were black, whether they felt any
prejudice toward black people, whether:they knew:the:problems of
being black in this country. Most of the jurors lial hud almost no
‘contact with blacks, yet allclaimedthe insight to be able to fairly judge
1a black man, These proceedings reached a point where the assistant
D.A. was objecting to almost every question Martin asked, Finally
Martin tuned to Mazshall ané said, “This queition [about race and

 

discrimination] is very important.” Marshall replied, “Not in this court

 
itisn’t”” Martin insisted, “Race and discrimination are the issues here.
‘Taey’re the issues which have got the countzy split apart. They're why
fescist police officers slopped me and framed me. They're the seal
fssues.” Martin tuned to the jurcrs once more: 4)

Sostre: From your knowlege of black people in tits country, are they
discriminated against?

Burke: Otjection!

Marshall: Susteined.

Sostre: Are there black people in your neighborhood?

Juror: [live inan integrated neighborhood.

Sostre: In other words, black people are moving in and white people are
moving out?

Juror: Yes

Mr. Hitler has to go

Shorly sfter this, following a series of questions, all of witich
Martin was prevented from asking ty D.A. objections, a black woman
‘n the audience started to voize her objections at the way in which
Marshall and fhe D.A. were blocking Martin's examination of the jurors.
Marshall shouted to the court guards to put the woman out. Martin
turned to Marshall, viibly angered, and leveled a finger athim. “Racist
goon! Mr. Hitler! Mr. Hitler bas to got These ate police state tactics!
This is the only way the racists can male! The Jews were killed, but we
aren't going to the ovens! Whitey, we aren’t going to take this stuff any
mort! You've got to
‘After more objections and e tunch recess, Martin again continued
hhis questioning. But row Marshall was blocking almest every question:
Sostte: You have stated that you never lived with a black person, never
socialized with a person of Afro-American descent, uther thin on the
job, You stated that on a social Basis you hive never been to any black
ipervon’s home, | am asking you row how you can judge a person of
‘Afro-American descent when you don’t know anything about black
people?
Ruike: Objection!
Marshall: Sustained!
Sostte: Do you consider yourself the peer of uny Afro-American?
Burke: Objection!

  

 
Marshall: Sustained!

Sostre: You stated thet you work in on all-white office with cne
hundred persons, Is it the poticy of this compaty to exclude
Afro-Americans?

Burke: Objection! 42
Marshall: Sustaited!

Sostre: But this i$ a very important issce!

Marshall: £1 is insignificant to me.

Sostre: At least make a little show, Your Honor! Everyone knows it's a
Jrame-up but you ought, at least, to make a little show of conducting a
trial, [turing to a juror) In your determination of the issues of this
case you stid you would go along strictly with the law instead of using
your own conscience. You would go stricly by law regardless of
conscience?

Marshall: That's his duty and his obligation!

Sostre: That's where we differ, Judge, because a person's conscience
‘and morality transcends the lav. [turing again to the juror) You
would go along with the Judge and what he told you? Suppose the
Judge is a racist judge?

Marshall: You can'task that question!

Sostue: You ure so touchy about your racism tht you ure jumping the
gun, No wonder the black community is angry at you as well as the
entire enlightened segment of the white community. You can’t use
Indictrtents to intimidate us any longer. We are bringing resistance into
the courtroom. You are finished with your fascist tactics. We are
opposing you, We have to do this in order to bring outall your racism.
We have to oppose all these racists or otherwise they will continue to
oppress us. Now we are preventing them from hiding behind juciciat
robes, playing the role of the benign judge.

Martin resumed his examination of the jurors and their deepooted
racism but each time his questions begun (o evoke their inevitable
reaction Marshall would block it. After one such interruption, when
Marshell told Sostre to either ask different sorts of questions or sit
down, Martin retorted, “Your Honor, you are the one who wants to
‘continue with this farce. You would lke mo to sit down and stop
asking the embarrassing questiors which get at the racism and fascism
here, Why don't you gag me again like you are trying to gag the
anti-war militants, tae other dissenters?”

Marshall felt the need Zor ¢ recess at this point and signalled the

  

  

 
43
guards to remove Martin from the court, But Martin was not
immediately silenced. He continued speeking to the courtroom
spectators as he was led out, “We have got to bring it out into the open,
expose it all to the public. It is the peoale who will decide in the long
ruin, not those in power now. See - they can’t even contzol their own
cours!

 

it him down!”

When Martin was brought back after the recess he addressed
himself to the Afro-American youths in the audience. “Sock it to them.
Let them know how you think, especially now that SNCC and the
Black Panther Party have merged. With this development, it will not be
long until they are through.” Martin then resumed his examination of
the jury. A juror who Martin had been drilling before recess had stated
that he knew of co discrimination in the US. Martin had been insisting
that this was very odd. He took up from this point in his examination:

Sostre: ft is very odd that shis man, living in chis ractst soctery, has seen
ho discrimination. It is our duty to show. him that, contrary to his view,
white racism does exist, He stated that he was not aware of any
discrimination!

Judge Messhall: Sit down Mr. Sostre!

Sostre: That’s right, Your Honor, get your goon squad. That's how you
are trying to gag the dissenters, But its not gcing to work!

After campleting his examination, Martin told the cour: thet he
would challenge the entire jury except for jurors No. 1 and No. 6 for
cause. He stated, after Marshall refused to grant his challenge, thet he
‘wanted to rake an opening statement to the. jury. Martin began by
stating, “The fact tha: I was not allowed to challeng> the jury - this is
the issue ...” At this point Marshall interrupted and told Martin to
make ‘his opening statement “in accordance with law." Martin replied,
“The Nuzi’s had their ‘law? too. You see what I am up against here,
Even the most racist person cen see that this is a Kangaroo court. The
issue in this case, as a lot of you have read, although you have not
admitted it; you know it, I know it, ovorybody knows it; is the
scapegoat the white power structure here has tried to make me into as
the cause for the riot. They refuse to admit
Burke: J ask the Court to direct Mr. Soswe to reftain from that type of
opening. The opening, as I understand it, is limited to what he intends

10 prove.
Judge Marshall: That is correct. 44
Sostre: Jam going to tell them what ! intend to prove.

Judge Marshall: Start on it then, sit. The other jurors that have not
‘been selected to sit are excused at this time. I will usk you to report at
ten o'clock tomorrow moming, 10 the jury selection room. Go ahead.

Sostre: The recent disturbance of last year, the government has
admitted by the riot report, (which, Incidentally is merely a
pacification program for the lack ghettos which is not going to work,

Just like the pacification program is not working in Vietnam) was
‘cused by conditions.

Burke: [object to that, Your Honor.

Judge Masshall: Yes, it is sustained. I will give you one more
opportunity to get to the opening stztement. The proper procedure of
an opening statemert is to outline what ou intend to prove, ff you are
going io prove anything.

Sostre: / am going to outline that.

Judge Marshall: AU righ, start now, or else sit down. I will give you one

‘more chance.

Sostre: 1am taking this chance, if you will just let me. The real issue,

everbody here imows, it racism in America, that has split ou country

Judge Marshall: Allright!
object!
Judge Marshall:
Sostre: Milltarism ...

Judge Marshall: Mr. Sostre, you are going to tell us what you are going
1 prove.

Sostre: That is what I am trying 10 get to.

Judge Marshall: You are not going to be making speeches here.

Sostre: These are the facts I am trying to get to the jury

Marshall: One more time und that isthe end,

Sostre: Weil, as I said before, the main istue here is whether this racism

 

 

 

 

that has our country split is going to continue.

Burke: object, Your Honor

Marshall: Sustained. Sit down, Mr. Sostre! You have waived your right
to make an opening statement.

 
 

 
 

Blatt: don't believe I have ii with me here. Just a letter requesting me
10 come up and testify. Wt

Martin continued his questioning to show. that Blatt might not have
actually remembered him since Blatt had had the opportunity to
examine and review court materials which would have familiarized him
with, the ease.

Blatt: As to the srial, | brought up the indictment, the minutes of your
plea, and the minutes of your sentence.

Sostre: Have you read any of those minutes?

Blatt: I reviewed them before I care up; yes, I did.

Sostre: 0 you would be femiliar with their contents?

Blatt: J refreshed my recollection from ther. yes.

Sostre: $0, therefore, you would rot need any memory, now that you
have read-those docuinents, 19. state what they said, what i8 in them,
righ?

Blatt: Well, J would testify to my own memory: There may be certain

The East West. Bookshop ~ Nartin had rented
this storefront and begun to fix it up as a
branch store when he was arrested.

 
47

things I may be able to testify to, that do not appear in the minutes of
‘your plea and the minutes of your sentence, On the other hand, I only
“ead them hurriedly to refresh my recollection.

Sostre: But you did reed them?

Blatt: Yes, and I remember this case personally. This is one of the cases
Tremember personally.

Martin persues the elementary point that Blatt’s memory is really
irrelevant since he has the documents. Blatt stubbornly defies simple
logic as Martin asks:

Sostie: Mr. Blatt, regardless as to what reason you read them for, you
read these minutes, 50 therefore you would know what is in them,
whether you had remembered or not, is that correct?

Blatt: That isnot so, No, that is not correct.

Sostre: Now, you read the minutes, you fariliarized yourself with the
contents of the minutes, Did you ee any other documents or
photographs that would alo ‘refresh your memory as f0 my
identifiction?

Blatt: The only thing { looked up were the papers in the fle.

Sostie: Did they include a ghotograph?

Blatt: No, they did not.

Sostre: Js it usual for a defendant - is it usual for a defendant to be
photographed at the time of his urrest?

Blatt: Thar would be with the police department. I didn’t think it wat
{fair to you, 10 look at a photograph of you before ! came to identify
you

Sostre: Bue the District Attorney hes access to the police photos, does
he not?

Blatt: That is his business, I wouldn't look at any pitotograph. I came
up to identity you.

Sostee: I said, the

Blatt: That is right.

Sostre: And had you wanted to, you could have had the photograph of
‘Martin Sostre?

Blatt: Yes, I could have gotten a photograph of Martin Sostre, yes.
Sosire: And ulso, you could have gotten fingerprints, is that correct?
Blatt:

 

strict 4 ttomey has acceis to the photograph?

 
48

What Martin. succeeded in doing through the many pointed
‘questions he asked Blatt was to put in bold relief the collaborationist
and mercenary natwre of the “State's” witnesses, He undoubtedly
would also have demonstrated this lesson in the earlier trial had he not
decided to refuse to cooperate in his cwn lynching as he aptly put it
When things not ordinarily questioned are challenged, the results are
sometimes instructive, Martin’s questions exposed the mercenary heart
beating beneath Blatt’s “law and order” breast:

Sostre: So this is just Ite you prosecute cnother case in Bronz
County only a fellow Disirict Attorney asked you to come up here and
give hima hand, and asa District Attomey, this would be your duty 10
do that, would it not?

Blatt: That is not so. I don’t come up to give a mana hand, and I think
you know me well enough, from your contacts with me in Bron
County, {don’t do that.

Sostie: Tdon’t know you. Lam asking you, is that correct?

Blatt: That isnot correct, no.

Sostie: Who paid for the trip up here? Was this out of your pocket or

Burke: Fobject to that, Your Honor.

Marthall: Overruled. I might be interesting, Go ahead.

Blatt: The Diswrict Attorney of Brie County.

Sostze: Did you eat today?

Blatt: Did I ext? Thad lunch,

Sostie: 1s shut purt of your expense account?

Blatt: / wouldn't inow what they are going 10 allow me.

Sostie: But you would bill the state for that?

Blatt: J expect to be paid for my fare,

Sostre: And your food?

Blatt: What food is there?

Sostre: If you ate lunch and whatever other expense yuu may hve, to
Hay ovemight - suppose you have to stay overnight in a hotel room -
‘wouldn't this be a County expense?

Blatt: You don't expect me to pay for it myself, if I have to stay
overnight? I take it for granted the District Attorney of Erie County
would pay for it,

Sostre: That is what Jam asking you.

Blatt: J don’t want to stay over,

Sostie: So all of this is part of your duties and you will be paid for it~
Mr. Burke: he sent for you like you say, Erie County will bear the
expense of this, is that correct?

 

 
19

As the affeznoon session drow to a close, Martin admonished the
spectators - many of whom were Afio-American youths from the
community and student activists fiom the University - “Pay careful
attention! This is a farcical trial. They are trying to get rid of black
rilitants all over the country. Remember, iit can happen to me, it can
Trappen to you. When you oppose them, this is the treatment youget!
Continue to resist!” A middle-aged Afrc-American raised his voice and
spoke for all friends and members of the Defense Committee. “We're
‘with you 100%, Martin!” As Martin was led out to be taken back to jail
he received a standing ovation. An attomney in the court at the time,
obviously moved: by Sostre’s courageous stand and the show of
sympathy and solidarity he had received from the spectators said that
in his many years of law practice he had never before seen such a
display of support for a defendent in the courtroom.

 

March Sth

When Coust convened at 10:05 a.m. Marshall’ first action was to
‘hresten the spectators with expulsion fiom the courtroom forso much
as talking. He said he would not stand for “indications of attempts to
Aisrupt these proceedings hy gestures and talking . ..” The prosecution
then presented four more cop witnesses. They all knew: at least the
general outline of the concocted story, that the stoolie und he. black
top had entered Martin's store'just before midnight on July 14th, the
stoolie had purchased heroin from Martin and:Geraldine, they had ther
had a rendezvous with more cops and retuned Lo the siore, arresting
the people inside (accoun's varied on the number arrested as they did
‘on many other details). The prosection then rested.

‘Marshall was now faced with a serious problem. How coulé this
stage play of which he was principal architect and director have any
semblance of a real trial if there was to be no defense? Tohead off total
catastrophe, « phoney cffort of some sort was needed. Marshall decided
to have two of the youths arrested with Martin contacted as possible
witnesses for the defense. Martin reminded the Judge that it was not
thess youths who were oracial to the care but rather the four people in
the store at the time: the. alleged sale took place. Marshall: then
announced that Court would be recessed until Thursday, March 7th, for
the purpose of finding witnesses.

‘When Court convened on Thursday, the first order of business was
the status-as regards the so-called “'defense witnesses.” Mr. Mintz, the
“public defender,” wes the first to report:
22

Mr. Mints: Your ifonor, pursuant to your instructions, the resources of
‘he Erie County Bar Association A td to Indigent Prisoners Society were
‘made available to the defendant ani Mr. Maloney and for the purposes
of investigating and securing or attempting to secure witnesses or
statements fiom witnesses on behalf of the defendant. Donald Dade, of
the Legal Aid Bureau, made an investigation and I expect him to be in
the courtroom this morning. I canot state first-hand what the results
of that investigation were. I did tath with: Mr. Blumberg. Harold
Blumberg, the defendant's firstretained attorney, in an effort to secure
the names and addresses of witnesses ard he indicated to me that they
Jad no names or addresses. He is not present in the courtroorn but Lam
swe he could be available, if necessary, I don’t know if the Court is
interested in anything further with reference 10 investigation. { do
Anow that Mr. Dade indicated also that he did make contuct with and
Jad an interview with one of the two possible witnesses for the
defendant, a Charles Howard ate! Darrel Groves.

Marshall: He mentioned those to the Court the other day. Have you
spoken with the defendant?

Mintz: No, I have not, I intended to when I was originally assigned and
he chose not to talk with me.

Marshall: Mr. Maloney, can you tell us anything new other than what
You told us the other day?

Mr. Maloney: The only additional thing is that 1 spoke with Mr. Mintz
and Mr. Dade, and one of the witnesses that ! had seen the night before
was here after the Court acjoumed and ifr. Dade proceeded to take his
statement. I kaven't seen Hr. Dade since. Ihave also talced with the
defendant and he said that he is not interested in those witnesses and
they ere not his wlenesses and that 1 that, 1 mean, that wa: his attinude
(on the whole thing,

Sostre: In regards to these witnesses, Mr. Dace at about six-thirty last
night was at the jail and this was the first time I had seen him ‘ith
regard to the witnesses. I gave him the same detailed description of
these four witnesses, not the ones that the Court, that is the two
witnesses that the Court is tying tu obtain. Thewe are the Court
witnesses, I imagine, this Darrel ..

‘Marshall: J am not irying to obtain those two witnesses. Go ahead.
Sostre: J have nover subpoenaed any witnesses, but the Court has
employed a means outside of the scope of the Code of Criminal
Procedure to obtain witnesses which I have not requested and the Court
‘has made much to do cbout appointing investigators and statements, f
believe, were taken from these witnesses, a copy of which I have here.
One of them, by the name of Darrel Groves, whe incidentally is under

 
[As the aflemoon’ session drew to a clos, Martin admonished the
spectators - many of whom were Afio-American youths ftom the
community and student activists fiom the University - “Pay careful
attention! This is a fazcical trial. They are trying to get rid of black
nilitants all over the country. Remember, ifit can happen to me, it ean
Trappen to you. When you oppose them, this is the treatment youget!
Continuc to resist!” A middle-aged Afro-American raised his voice and

for all friends and members of the Defense Committee. “We're
‘with you 100%, Martin!” As Martin was led out to be taken back to jail
fe received a standing ovation. An attorney in the court at the time,
obvicusly moved: by Sostre’s courageous stand and the show of
sympathy and solidarity he had received from the spectators said that
in his many years of law practice he had never before seen such a
display of support for a defendent in the courtroom.

 

 

March Sth

‘When Court convened at 10:05 a.m. Marshall’ first action was to
‘hrecten the spectators with expulsion fiom the courtroom forso much
as talking. He said he would not stand for “indications of attempts to
isrupt these proceedings by gestures and talking . ..” The prosecution
then presented four more cop witnesses. They all knew: at least the
general outline of the concocted story, that the stoolie and the. black
top had entered Martin's store just before midnight on July 14th, the
stoolie had purchased heroin f:om Martin and. Geraldine, they had ther
had a rendezvous with more cops and retuned to the siore, arresting
the people inside (accounts varied on the number arrested as they did
‘on many other details). The prosection then rested.

‘Marshall was now faced with a serious problem. How coulé this
stage play of which he was principal architect and director have any
semblance of a real trial if there was to be no defense”. Tohead off total
catastrophe, + phoney cffort of some sort was needed. Marshall decided
to have two ofthe soutksarested with Martin contacted as posible
witnesses for the defense. Martin reminded the Judge that it was not
‘hess youths who were eracial to the cape but rather the four people in,
the store at the time: the. alleged sile tookiplave. Marshall then
announced that Court would be recessed until Thursday, March 7th, for
the purpose of finding witnesses.

‘When Court convened on Thursday, the first order of business was,
the status as regards the s0-called'“'defense witnesses.” Mr. Mintz, the
“public defender,” was the first to report:

 
v2

‘The next witness called by the prosecution was a Mr. Brzyeyl,
senior LD, Officer at Attica Prison. He testified for Burke that he was
sn charge of fingerprinting. Burke procucod a set of fingerprints and
handed them to the witness. Brayey! stated that these hed come from
Clinton Frisia to Attica. Also produced were two sets of photographs.
‘The witness dated nat the photos were piccures of Martin Sostre who,
the said, was “Sitting over there.” as he pointed at Martin.

Martin first examined the exhibits and then began to ask questions
concerning Uiein, He first stated, however, that he objected to the
introduction of the photos and the fingerprints in that they were the
same identical set that Mr. Cochrane had used. They were only “copies
Uf copies,” uot the Sing Sing originals. “These rocords camo to you
from: Cliston Prison, right?” The witness answored that this was true
and that persuant to Mr. Burke's request hz had had copies made, He
said tha the had compared the two scts of prints and they were
identical. Martin asked him ifhe was a fingerprint expert. He said yes.
Martin then got him to aémit that he was aot present when the prints
were made and that the only reason he knew the prints were Martin's
was that he had read the records in front of him earlier that moming
and the name “Martin Sostre” was affixed to them, He did not know
who had received the prints fiom Clinton and could not he absolutely
certain they were received in Attice since he had no personal knowledge
of such veception and haé only read the notation. He also admitted he
was not present at Sing Sing or at Attica when they were made.

 

 

A “photographic" mind

Next, Martin asked the witness if he had gotten the photos out uf
the file upon the request af Burke and Brzyeyl admitted the photcs
were the same as those of Mr. Cochrane. “How many photographs have
you taken?” Marlin asked. ‘23,000 was the answer. He aswerted that
he bad remembered “quite a few” of the 23,000 faces. “Mine stocd out
in your mind over all the other thousands?” Martin asked. Brzyeyl
replied that he bad teen late that mominng and had had to take other
photos and that was why he remembered Martin. Martin belped him
remember, however, that this situation had occurred many, times and
there was nething seally distinctive about it. So Martin rotumed to the

 

original question, What was it that stood out about him that was
responsible for the witness's remarkable memory? Brzyeyl said that he
recalled that the guards had brought Martin “from upstairs down.” This
‘was another dead end, however, since he then asserted that““a lot of

 
53

times" they brought prisoners “from upstairs down.”

Martin periisted. “What waa it ir alh the thousands, what
distinguishing feature in this face stands out among all’ those
thousonds?” "The witness decided that it must be Martin's receding
forehend. Martin fonnd this assertion a little more unbelievable, “But
this is quite a common feature. In fac:, right here in this courtroom we
have a balding jury, judge and stenographer.” Brzyey! then explained
thet the shape of Martin's halding head was what was so distinctive.
“What shape?” Martin demanded. “We understand that no two
foreheads ate identical.” Bizyey! said that it was the “roundish”
character which made the balding forehead so distinctive. Martin
retorted, “Roundish! Would other heads be square? All heads are
roundish.” Faced with this elementary observation, the witness soon
hhecame totally wnresponsive. Martin turned from the “witness” and
demanded of Judge Marshall that the documents be thrown out as
to‘ally worthless. Marshall, as before, refused.

The next witness was assistant DA. Peter Notaro who testified that
hhe had been the prosecutor Juring the earlier trial. He was present on
March 7th when the verdict found Sostre “guilty as charged.” Martin
asked Notaro if he worked cut of the sare office-as Burke, whether or
not they both had occasion to prosecute the same case, and handle the
sume files? Nolaro nodded that this was true. The last witness called by
Burke was the assistant Chief ID. Officer in the Buffalo Police
Departmen:. Martin objected to the introduction of a set of prints
taken in Buffalo and in Attica that Burke offered the Court. During
‘questioning, the officer stated that it was true that he had no way of
estimating the ege of a given set of prints. [t was impossible, from the
pent itself, to tall when it had been obtained. “In other words,” Marsin
reasoned, “These prints [suppossdly from Attica and Bufialo] could
just as well have been teken simultaneoudy. As to how far apart they
‘a in time, you would rot be able to tert. Any date sould be put on
this card.” “That is possible.” the officer admitted.

Martin moves for dismissal

Martin moved to have the documents thoowh out, Marshall
immediately ovenuled him. “The People” then rested its case. The jury
was excused by Marshall who then said. “We are going to hear “any
motion the delendent may have.” Martin began his motion to dismiss
for failure of proof. The prosecution ha¢ not proved its case. He also
S47

Buffalo Evening News, June 21, 1968

Felicetta Links Red Group
To Disorders in Buffalo

By ROLAND POWELL
Butlote Soenng News Bureau
WASHINGTON, June 21 — Persons linked to aCom-
munist splinter group were active in encouraging last
June's racial disturbance in Buffalo, Police Commis
sioner Frank N. Felicetta testified Thursday betore the
House Committee on Un-American Activities,

Mr. Felicetta said that Buffalo|————————______
police photegravhed a muuber| Black Muslims and other black
‘f persons handing out Htereture| nationalist groups were seine
which he said. encouraged the| encouraging the rioting and. he
Fioting, and later picketing Eriejiabeied Martin ‘Sostee aa “e
County Jail, where aliegetlieader of the pre-disturbance
Poters were boing held. He said/agation, inckding instrictng
they were identified as being| youths in the use of Molar
fonnevte with an organization| cocktails. Sosire recently was
imown as Buffalo Youth Against| convicted on narcetjes charges.
War & Fascism (YAWF). Mr. Felicetta said that flyers

Chester D. Smith, generalldistributed by member of
counsel of the committee, placed] YAWF “told the Negroes that
a te record a statement byllife held no future for’ them
EBI Directo~.J. Edgar Hoover|except poverty and service i
that YAWF is a youth grou) of| Vietnam.

    

 

 

the Workers World Party, al “These leaflets charged that
Communist “splinter” organiza-| Ruffalo ‘city officials and police
ton. were involved in an organized

Mr, Folicetta also tid hel repression of Negroes in the
committee that members of the the commissioner con

 
ss

commented that he desired to sum up 1o the jury when they cetumned.
In his motion for dismissal of the “information,” Mariin stated, “I
move to dismiss because of the parade of phoney witnesses, the hidden
photographs utilized, the self-serving wimesses, ail prison officials. Not
‘one independent witness has been trought forward to positively
identify me. I have strong objections with respect to law and especially
jn regaré to the jury.” Martin assested that the Jury had been
intimidated and that questions of conscience were at issue. He said,
“There have been issues of conscience and morality that the jury has
been prechided from hearing,

“The Tribunal at Nuremberg, of which the U.S. was a party, ruled
that if the law goss against one’s humanity and conscience, it is the
duty of each individual citizen to oppose this law, especially when it is
used by tyrannical governments to oppress the masies. This decision
was reaflirmed by the courts of Israel that tried the Nazi, Adolf
Richman. Eichmann also was repudiated when he stated diel ‘Twas
jist following orders.” Eichmann hed been given the seal of approval
from the state, the duly constituted government of Germany. Yer all
this was repudiated. The Declaration of Independence tells us we must
eppose and resist the unjust laws of the government. In the courts of
Cuba, after they overthrew Betista and his fascist goons, the goons
repeated the pleas of the Nazis that they were ‘strictly following the
law.’ But this was not acczpted. In New Rochelle, N-Y. the Federal
Court ruled in a case which concerned an Afro-American group
ficketing to integrate 2 segregated schoal. They had heen enjcined by
the city not to picket, but they disregarded this order. The judge ruled
that, according to the Doctrine of Legitimacy of Purpose, is the right
of a person to break the law in order to exercise one’s preferred
constitutional sight to dissent.

The UN. Declaration of Human Rights states that a government
can no longer hide behind scvereignty when they are committing crimes
‘against humanity. This is why Malcolm X was asssssinated. He tried to
go to the UN. to bring this racistfascist countiy before world
condemnation. According to the Sth, 14th and 16th amendments to
the US. Constitution, one is guaranteed his liberty and, ecoording to
the 6th amendment, has the right to trial by an impartial jury, This
right has been precluded in this cast when Your Honor had the only
fioethinker yanked out - a worker -a person who was ghing to make up
his own mind. He was taken out. The other wae made to change his
mind by the coercion of the D.A. and the other jurors. In view of all
these decisions, the International War Crimes Tribunal at Nuremberg
that told the Nazis they could not hide behind the law, the trial of
Eichmann hy the Israeli Conris, the decision of the Cuban Courts to
execute the fascist goons of Batista, and all these reaffirmed by “The
Doctrine of Legitimacy of Purpose” which states that we have the right
1 fight egainst tyranny. This law says that I have the risht to resist a
tyrannical law and any other used to oppress the people.”

Judge Marshall finally broke in and tolé Martin to stick to the law
in. making his motion. Martin retorted that, “I am asserting a multitude
of laws...” Marshall interrupted, We’ will not argue any social
{questions here.” “This is a social issue.” Martin asserted. “Stick to the
Jaw.” Marshall demanded, “Bu: law itself is part of this case. Issues of
Jaw ae involved here. The Nuremberg decisions are a higher law than
yours . ..”" Marshall demanded that Martin begin his summation.

Sb

 

Martin’s summation

Martin walked over to the jury and began. “You have just heard
‘he evidence and have oven the methods the fascist state uses to destroy
all those who oppose it. You have seen the crude methods used by the
racist white power structure to ftameup Black men, This kas to be
‘exposed because that’s how they fiameup innocent people. This is nu
hearsay. We all saw it. The D.A. representing Bronx County-and all the
other self-serving officials were the only witnesses, all of whom have an
interest ia’ common with the prosecution. That is the way they frame
people. They either plant dope or a pistol o anything to get rid of the
dissenters aguinst the stave. These are the methods Hitler used in
Germany in order to destroy the Jews and all those who opposed
fascism ...” Judge Marshall interrupted the surumation to tell Martin
to slick (2 the evidence, Martin replied that he was getting to that, he
‘was establishing the foundation for the remainder of the summation

Martin continued, “These are the methods the racist-fascist itate
saust use aud employ because it has no teal proo? with which it.can jail
the oppressed. The use of hidden photos, no independent witnesses,
nly self-serving state officials being coached with hidden documents. If
this is US. justice, we wight us well be in Nazi Germany. We are
fortunate to see :t for ourselves. I am facing thirty or more years
because I had a bookshop that sold literature aguinst the system, I am
facing thirty years because I went aginst the aystom. You all read
about the case, Now the D.A. is trying to give me double the sentence
ty making a phoney identification. None of you have taken into
‘consideration common factors of humaaity. Only one man stated that

 

  

he would not go along with the duly constituted authority. But Adolf

 
s7

Eichmann was tried and executed for following blindly the duly
constituted authority. Nezi Germany gave him the official seal of the
Siete but the Israeli Courts threw out thet argument. The War Crimes
Tiibunal at Noremberg originally affirmed that it is one’s duty to
‘pposs unjust law. Why even the most vicious goon would be blameless
GPhnat defense, that I was Just following ordes* were to be accepted.

“Even the govermment itself breaks the Jaw. It has violated the
Constitution by sending our boys over to Vietnam to be killed and to
murder innocent peasants ix a war that has not even been declared,
Trey broke the law but they want you te go by the law. Very rice! We
axe all robots! We are suppcsed to follow the law blindly cegardless of
Jomanity, regardless of Ue consequences. ‘Let us oppress these black
people. Tet us send more cannonfodder to Vietnam.’ Very nice! Six
Frilfion Jews perished...” Judge Marshall again interrupts by yelling
"Get to the evidence! Martin answers, “The evidence speaks for itself!
We all saw whet happened! The law is a lew of tyranny. Even the Bill of
Rights - the highest of all law -laid down the principle of epposition to
aw and advocates rebellion when law becomes oppresive and
tyrannical. If the Declaration of Independence had not Iaid down these
Frinciple, then British law, the aw at that time, would have neve: been
Epposed end there never would have been a evolution! So what i this
seer that you are supposed to follow? That you must follow blindly?
‘These are issues of conscience.

“You cat"! go along with these fascist tactics unless you go along
with the program. That's what the Nazis did. But this has already been
‘ejected, The Nuremberg Tribunal states that itis the duty of every
uiidual citizen to oppo unjust law. This was already hanced down
Sy the US. Constitution which states that a man mus: be given liberty -
liberty of thought - and hus the right to a tial by an imoartid jury, »
jury with corscience and humanity, not one that will follow an unjust
faw. This country will not last long if it fotlows unjust law. The golé
drain, the war in Vietnam and the blac rebellion are ev:denee of this

"erhe faseist goon squads have MACE, which is chemical warfare
for use against the black people. The ghetto youth, however, have
LACE, which is lye-inthe-face, If you ate guing to use chemical warfare
‘on us, we are going to se chemical warfare against you.” Marshall
Snterrupts and says that the rece issue is not important to the jury and
that, “We are not going 10 argue it." Mastin quickly’ retorts, “That's
what all the racist and fascist judges say. We all saw the phoney
evidence, caught the goon in the act. We all saw the freme-up. This $
Something everybody saw. These ute the issues in this ease, not just this

 
oF

information, but the more seriows implications involved, issues of
humanity and conscience. We must expose fascism. Dissent has come to
the courtroom, just asit hes come to all levels of society: in'the streets,
in the universities, in the homes. This is the rea! issue. How to stamp
out fascism ‘und fascist methods. Spock, Ferber and Goodman were
indicted decaitse they dissented. In addition, bleck militants and their
white allies have tgen framed-up because they dissented from the rule
of fascist goon squads . ..° Marshall once more tuttsin, yelling, “I will
waive your right to summation'” Martin replies, “Of course you would,
Judge. You waived my right to get my four witnesses. All this will be
Tight stuff compared to thal!” Marshall again yells, “Sit down!™ Martin
continues his summing-up. Ignoring the judge’s threat, he turas to the
jury and the spectators. “The racist tyrannical Court is just an
instrameat of the police goons. They fame you and then bring you
here, State officials are brought in.to complete the frameup- 1 want to
expose it for all Buffalo to see. The goon had hidden photographs and
records and was reading frem them. Judge Marshall saw the whole thing
from where -he was sitting and seid nothing. That, in itself, speaks
volumes. I exposed it for all of Buffalo to see. It has all been worth it
Just to expose the methods that state officials will go through in orde:
to flame a man who opposes them. Your own common knowledge,
your own conscience, these are the sole determiners tha: will tell you
‘whether o not this issue should be dismissed

“If you do not oppose these laws, you will be helping the fascists
to take power. Even f they send me ‘o Attica, you are going to see
more of the came. After I go there wil! be more of the same. In fact,
tight now there are several prisoners in the Brie County Jail who will
defend themselves and will oppose you right here ...” “Stick to the
issues, Mr. Sostre!” yells Judge Marshall. “This is the law, this iz the
issue!” Martin shouts back. “Argue facts!” shouts the judge. “This is ¢
higher law than the jury has a night to decide. The issue is a man's
natural rights. The laws of the tyrant do not rule over the nateral rights
‘of man...” “I will waive your right to summation!” Marshall soreams
again. Martin replies, “Waive my rights, just like you are waiving Ue
Fights of the nther dissenters, framing-up those who oppose the rule of
‘ascism.” Marshal) retorts, “Stick co the rvles, Mr. Soste!” “I'm not
‘ollowing any fascist ules!” Mertin insists.

 

  

 

 

 

Beyond a reasonable doubt

[At this point, Marshall orders Burke to sum-up. Burke's summation

 
59
is short and his voice is so tow that Jucge Marshall bas to ask him to
speak up. Next, Marshall charges the jury and they are sent out to
deliberate, After lunch the jury comes back out to see the photos and
fingerprints which they pass around to each other. They then go back
into deliberation and shortly afterwards retum with their verdict. The
foreman announces their finding: the prosecution has proved teyond a
reasonable doubt that the information was comect concerning the
‘identification.

Marshall now advises Martin to make any constitutional motions or
forfeit the right to do 90. Martin moves for dismissal of the information
of the 1952 conviction on the grounds that st the time the guilty lea
vwas taker, October, 1952, the D.A. Blatt had violated the Code of
Criminal Procedure ané the decisions in The People vs. Codane and in
The People vs. Brossit which emphatically state that the failure of the
D.A. to follow the conect procedure dozs not nullify a plea. Blatt had
wed this trick as grounds for rejection of Martin's plea in the 1952
case, “This cutright misrepresentation is in violation of the Sth
amendment. I ask that the Court take judicial notice of the exhibits in
this case and move that the information te dismissed becasse that
convictior is founded upon unconstitutional methods.”

Marstall immediately snaps, “Ubjection overnuled!” and denies the
motion. He then asks Martin whether he has any legal cause why the
Judge should not now pass sentence. Martin states that he has many
‘reasons. “This conviction, if it can be so called, is founded upon the
rmost flagrant maneuvers, unscrupulous methods and outright fascist
tactics from self-serving state witnesses to the denying me my right to
witnesses by means of exorbitant Dall, higher than anyone elge in Ene
County Jail, thereby denying me my right to prove my innocence. This
was so flagrant that the Appellate Division wants to review the ‘act that
Iwas denied fair bail, held cight months in the jail without being able
to teach my witnesses, forced to tri! without my witnesses. The reason
for al this is clear: Because | opposed the power siructure of this city, I
was the owner of the Afic-Asian Bookshop which sold antiwar and
black nationalists and liberation literature. I had been vibited by the
Subversive Squad, the FBI and locel potice who had told me to stop
selling this kind of literature. I refused and continued to disseminate it
even after the contents of the shop were destroyed dy the Fire
Department who, on the pretext of pulting out a fir6, broke in the
windows and turned theit high-power hoses on the litsrature even
though there was no fire. After I disregarded this intimidation and
attack, my shop was raided by the goon squid and I was charged with

 

 

   

 

 
Buffalo Courier Express, February 12, 1969

‘Custody Situation?’
State Official Denies
Sostre in ‘Solitary’

State Curection Commissioner, ‘The coraistiones reported Sos-
pal'5, Sinn denied an Toes|tre tomes pri afer of
day a charge py the Martin Sos-|ilegally participating in legal’
{Ge Delonte Caron tat Sos-|eontuling ani rofiny nance.
tee le fn “soltary. contnernyt”(quesions abouts iavalvement
Bigtoes Have Pic, Slr iv er lat ee
te. MeGinns said that Setre also
Martin Sostr, 45, formerty ot|wag piace. fa sextexaton tor
1M delferson Rive who bas beg eangaeed fn semrenation fr
dalled by lopl polize'. prome|\sSeg eins tie sets
Sent pure Sa ihe Eat Side aie mee within the Deon,
ers of '981," Is row servite aig Soste' bas rehved fo either

SL 0 41 year prison term for pos 521d, S J
session and sale of artivipate in grou counseling,

ler in Toteatonal sevies,
Sevel dere culos a pola]

man * tn Segreration Arain

rocky Hesrs Charge He aesed ‘Soro hod boos

The, Delense Commitee told} fue owevee he sel, Seat Noe

ltumed to the “population” three

Sst. was plead in. seare

ion apain oa ane 33, Tie
te commissioner sud, “ibere he
suit" remains today.” He was

 

 

  

 

 

ich
gy Suation.) leh Be ay tring to incite the inmates,

oe ae aw JaicGinnis said.

stare pattves Ptine primers ta McGinnis exolated there are 18

‘evlal setions. ‘Those who are(OWter ltaates in Segregation ‘at

Peregnte, tne ecremesgaer dhe preset time in Gres Haven,

Serel stay have an hour's Leah], Asced ow long can, Ssire De

tir exercise a day. it he requests|kept in “segregation,” the tom
iy in a segregaed yard, iissones stated: up
Oftentes Claimed loreating prison rales aad. agrecs

““Sostre tries whenever the op-|to ecoperate with prison officals,
portunity permis to tacte other|e ‘ill be placed back with other
Rregre inraates at, Greeahaven,” inmates in the prison, But, he has
said MeCinnis. “ie shown o[expresdd no desire to aoopecate
indication that be ‘wants to” abidelor to refuse advising ober pris-
ty the rules of the prison” loners on legal matters.”

re vos [placed in segregation fcr repeat

bD

 
s!
inciting to riot and arson. The four persons in the shop hesides me were
aso charged with crimes, These are the féscist methods that the
fascist-racist power stractuse must employ in order to silanes de voice
of disson:, I¢ follows a pattern all over the country where dissenters are
being framed.

Sethe show nese this morning in which a police official was
deliberately biding documents while right on the witness stand shows
the methods they have to use. All the witnesses were previously
coached as we saw. We actually saw the fascist methods that had to be
emplayed in order to obtain a phoney identification. It was the same in
the trial, The D.A. and all the witnesses, except for the stool-pigeon
who, everyore knows, would testify on his mother, outside of hira, all
‘the ones who have accused me were police officials, state officials. No:
cone indepencent person, not ene citizen of Buffalo not on the payroll
ff the government testified against me. All those self-serving witnesses
hhad an interest in the cae. They all had job to do, an interest in
seeing a conviction, So o these grounds, so manifest to all here, in
fddition to the fact that all my pleas to have my bail lowered to the
same level as given co other prisoners were refused, that the judge
‘would sign 2 show-cause order and then, Ieter, skirt the issue thet the
people, of Buffalo wanted to hear, narrely, why the DA. had set such
‘exorbitant bail. Even now this has never been exposed and at the last
minute the judge arbitrarily denied a heanng 10 have the show-caus:
‘ordor argued, thus covering up for the DA.

‘The reaion is clear. If they could have identified me they would
hhave, Tae fect that ! have resisted, this forced them tc utilize fuscist
tactics. Ihave uncovered this, If we don’t expose these tactics, they will
never be exposed. We have to resist them in the streets, in the schoo's
fang in the homes. Ia court we must resis: them, Otherwise, thelr Hes
iuxé contradictions will not come out. If we all follow the law blindly,
‘and the issue of law is clear on that, the fascist take-over will come
about with no opposition. The Nazis had zeceived the official German
seal from the duly constituted government. Yet this excuse was rejected
‘at Nuremberg. It is our moral obligation, on all these grounds, which
are all-wellknown end are on record, and on laws that wete landed
down most recently, to oppose racism and fasciem.

“go or. all these grounds, I move that the sentene> be suspended
and that I be allowed to go to the Supreme Court chambers for the
Jistioe's signature on a cerfifcate of reasonable doubt, so that he can
review the Kargaroo fameup this court is trying to pass. Judge
Marshall, when witness Cochrane was on the stand, not orce did you
‘admonish him not to read those hidden documents.” Martin turns back
: bu
to the spectators. “He went along with the program. He wes looking
right there while it was happening and yet didn’t say a word, Thi
shows the kind of court, the racist judge and jury, we have here, how
court officials frame all militant voices that oppose oppression!”

Judge Marshall once gain breaks in, “You are a vicicns and violent
person, motivated by nothing but hate.” Martin ignores this comment
aud demauds to be allowed to go to the Supreme Court chambers.
Marthall, without even answering the demand, proceeds to past
sentence on Martin: 25 te 30 years onthe first court, 5 to 10 yesrs on
the second count, I year on the third count and 30 days for contempt
of court.

Martin turns and smiles to the supporters and members of his
Defense Committee. As the coust guads lead hin ut, the handeutis
once again in place, Martin raises his clenched fists. “Keep resisting,” he
says, and then he is gone. It is only later discovered that one hour after
the sentencing Martin is already being rushed by cas to Attica, A day
later, a second official veticle whisks Martin further from his
supporters. Martin is transported four hundred miles to Green Haven
Prison outside Poughkeepsie where he has been in solitary confinement
since June 25th, 1968.

 
63
A POST SCRIPT

The Martin Sosire Defense Committee (MSDC) was
formed at the beginning of August, 1967, in an atmosphere
of reaction and repression almost’ unprecederted, even in
the right-wing, banker-dominated city of Buffalo, Now York.
‘The black community in Buffalo had exploded inlate June -~
there was a great deal of back pay due for the hundreds of
years of exploitation they had suffered, living in the Bir-
mingham of the North, end consequently, the rulers trem-
bled. They immediately ordered a mercilece counter
attack in the form of indiscriminate terror. Pigs with guns,
tear-gas, clubs, dogs aml high-pressure water hoses were
used to try to terrorize the black pepulation back into sh
mission. There were numerous arzests and beatings, All
this, however, didn’t satisfy the bankers and industrialists,
They gave orders to the police to find a scapegcat. That
they Uxiselves had caused the rebellion Sy tieir contin-
uous looting of the poor over many generations must not
be found out. A big lie was necessary and they decided,
with all the brainwashing power of their newspaper, radio
and TY monopolies, to tell it. They blared it into every
hoine cn the Niagara Frontier: Maxtin Sostre Caused the
Rebellion.

Martin's friends, though fully cognizant of the serious-
ness of the attack on Mertir. and che determination of the
ruling forces to see the lynching through to its wretched
end, tallied tc his detense. In these first weeks tie going
was particularly rough. Several of Martin's closest friends
were arrested with him, Not all wereas strong as Geraldine
Robincon, who, though facing vezy serious charges for
having worked with Mrtin to spread the message of libera~
‘ion, fought defiantly by taking the story of the frame-up
to the black community. Several other friends were beate!,
and threatened with long prison terms if they didn’t stop
their efforts on Maztin's behalf. One friend was forced te
move to another city to escape abuseandthrearened punish-
ment for aiding Martin, In addition to all the attacks on in
dividuals, 2 huge propaganda assault was unleashed in the
local media. It was said, for example, that Martin had been
engaged in @ $3,000 per week business in narcotics traffic
(strange then, that he lived so tum®ly and couldn't afford
to bail himself out or even hire a lawyer),

In spite of this, the MSDC waa formed and quickly swung
into action to publicize the case and raise funds. Tremendous
contributions of time and money were made’ by many 60

 

  
bY

called “little” people who, working all day, had little time to
spare and, underpaid, litle money i give eltter. Several
concerts and baked goods sales as well as numerous leaf-
lettings, demonstzaticns and mailings of appeal levers in-
volving a great deal of effort produced good results.

The bail problem--getting Martin ott of jail so he

* could more easily work on his defense ~- was always upper-
most in the minds of Defense Committee members. But
even when the absurd bail figure of $50,000 was reduced tc
$25,000, hopes were slim of obtaining anywhere near thie
amcunt. At one point, with the help of several sympathetic
property owners, the figure was almost reached, Freedor.
‘hrough ba‘l, however, was to remain beyond the grasp of
Maxtin since most of the moneyed liberals had, early in the
case, loot intercat in its "civil libertarian" agpocts.

‘Another problem which plagued the Committee was the
legal expenses which periodically drained off large chunks
of the Defense Fund while efforts were heing made ro maet
bail, Lawyers who knew Martin to 5e innocent of the dope
charges initially agreed so fight the case and then droppeé
it after 2 1/2 hours worth of work (according to an Erie
County Bar Association investigation), Their legal fee (or
one should say, extortion fee) was $550. Though many law-
yers were contacted at various times during the legal
struggle, most proved unacceptable because of their lack of
understanding of the political nature of the case. Others
understood the political ramificetions and were scared off
by them, The few “political” lawyers who expressed in-
terest in the case Were prohibitively expensive. It was
Maztin’s courageous stand thet he would rather defend him=
self than have an ambulance chaser sell him out to “the
Man.” Certain legal actions, of course, necessitated the
rerenticn of lawyers for brief perioris of time, Ineach of
these instances the dictum, “A ‘awyer is an officer of the
Court” (emphasis ours) was borne out by the manner in
‘which the tasks were done: procrastination, misjudgement,
exorbitant fees and utter irresponsibility toward Martin
and his life or death struggle. It can be truly said that the
liberal legal professionals had a hand in the lynching of
Martin Sostre,

‘The attempt by the judge and prosecution to handle
this case like an ordinary dope case was. unsuccessful.
The court was packed each day of the trial. Bach morning
there was a picket line in front of the Court House. Sup-
purtezs lad to ou maneauver about 120 cops and 15 o= 20
clerks and secretaries (sent in to fill the courtroom seats

 
6s

thus preventing sympathetic people from gotting in), Martin
himself, though knowing the severe penalties he was facing
for his xefuoal to lick the rulers’ boots, was magnificert
in court. For the most part he ignored the “official”
Activity and addressed Limself to the rea, questions, the
Dulk of which remarks are contained in thio pamphlet:

Subsequent to Martin's conviction there bas been, if
anything, @ substantial increase in the tempo of struggle,
I vas shortly after Martin was shipped to Green Haven
Prison to begin serving his 31 to 41 year sentence tha: the
case began to break. Ir is unfortunate that most of the you
Publicity and community interes: has followed rather thar
Preceded the conviction Dut it Will be very useful for the
appeal battle yet to come. It was Mae Mallory who intro—
duced Martin’s case to Joan Frarklin, a black attorsey who
was, at that time, connected with the NAACP, Mae Mallory
was hersel!, along wich Robert F. Williams, the victim of
§ frame-up in Monroe, North’ Carolina for ker advocacy of
armed self-defense against KKK racists, Sue is preacntly
Uighting a conviction in Cleveland for her militant support
of Ahmed Evars. Mise Franklin got the NAACP to tabe the
case and retain her as counsel. Subsequently, she con=
vincsd the NAACP to retain Charles McKinney, another
Prominent black attorney, for Geraldine Robinaon’s case.

Perhaps tke most demanding act:vity of the Commictee
in terms of time and effort has been the maintenance of the
Afro-Asian Bockstore in Exile. This table-top bookstorehas
heen operated almost continuously by Deferse Committee
members at the University of Buffalo cince the time, almost
4 year ago, that Martin suggested :t, Established in the halls
of Norton Union on the U.B, campus, the store has provided
an outlet for the literature of world liberetion which Martin
sold — literature unavailable elsewhere in the area, On
April 15, 1968 the Student Polity, official student government
at UB. passed a resolution ‘expressing solicarity with
Martin Sostre and demanding permanent material facilities
for his bookstore on the campus.

On June 25, 1968, Martin was thrown into solitary con
finement in Green Haven 2zicon. When forced by a deluge
of Protest to “explain” the cruel and unusual punishment
Martin has been singled aut for, State Correction Come
missioner Paul D. McGinnis answered in a putlic ecate—
meut, One of the news articles repor:ing McGinnis’ state=
{rent is reprinted on page 54. In it, the real reauons for
Martin's “segregation” are spelled out {as this pamphlet
goes to prese, Martin has been released trom solitazy on a

 

  
bb

temporary restraining order pending outcome of a federal
suit attacking the whole prison system of the U.S.).

On February 7, 1969, Governor Reckefelier made one
of his infrequent Visits’to Buffalo for a staged “Town
Meeting." He was totally unprepared for the demands for
freedom for Martin Sostre which ‘‘greeted"” him throughout
the stormy session, On February 22, a large demonstration
was held outside Rockefeller's offices in New York City
demanding freedom for Martin.

‘On Monday, May 12, 1969, Geraldine Robinson, Marcin
Sostre’s co-defendant and co-worker, was brought to :rial
in Erie County Cour: on the frame-up charges of sale o?
hernin and assault stemming from her presence at Marzin’s
store on the night of the raid. Her real crime, of course,
was her unqualified suppost [uz the liberation movement of
her people. During the two weeks of the crial Mr. McKinney
waged a brilliant legal war against the frame~up and, at the
same time, attempted to reverse the racial prejudice of the
all-white jury. The D.A., however, used the jurors’ racism
against Gezuidine in the most blatant anddespicable manner,
A. pre-verdict indication of the success of this bigot was
when, in the middle of the trial, one of the women ot. the
Jury applied for a pistol permit!

On Thursday, May 29, after deliberating for seven
hours, ue Jury pronounced Geraldine guilty on both counts.
Sentencing has been postponed until September. In. the
meantime, Geraldine’s bail has been upped from $5,000 te
$10,000. This courtroom defeat as been offse:, however,
by Geraldine’s continuing courage and determination. The
case will be appealed.

While the struggle to free Martin and Geraldine has
continued unabated, the forces of reaction have also been
active. Members of the Cefense Committee have been con
tinually harassed and threatened, In particular, Gerald
Gross, the chairman of the MSDC and also of Buffalo Youth
Against War & Fascism, has been repeatedly arrested on
srumped-up charges. The emerging pattern is an attempt by
the master clase in Buffalo to lay tho groundwork for
another frame-up—this time with Jerry Gross as the victim,

Consider the facts: Jerry has been fingered repeatedly
i political demonstrations for over ¢ year and is one of the
Buffalo Nine awaiting retriel on felony assault charges,

Against this background of “violence” and "disrespect for
the law’ the cops have consciously attempted to link the
Buffalo movement, and particularly Jerry, to illegal drug
twafficking. To the hundreds of youths in Buffalo who know

 
 

Jerzy, nothing could be more ludicrous. Jerry, and YAWF
in general, take an uncompromising stand against the use
ot marijuana and other drugs as detrimental to the revolu-
Honary struggle. So when Jerry was arrested for suspicior
of driving @ stolen car ard the cops thon changed the
Pharges to possession of marijuana, no one was fooled. Yet
the possible conviction resulting from this charge (after
fll, ‘cop don’t liel), added to testimony which Buffale
Police Commissioner Felicetta gave before the infamous
HUAC committee, equal the groundwork for a major dope
frama-up against Jerry at some future date, Besides the
pages and pages of “damaging” testimony against Sostre
That Felicesea gave in Washington, healso slipped in a short,
but most revealing bit of evidence concerning awhite youth
named “Gerry.” ‘The testimony is from an affidavit where
ra youngster of 15 years of age" who knew Martin fs Sup~
posedly being interviewed by a cop:

Q: Do you know anything about the narcotic accivity he
(Sostre) is involved in?

‘A: [have seen this white “Gerry” inthestore and he is
selling a $5 bag of marijuana in yellow paper bags.

‘the threats and flote of the rulers willaot succeec. As
Martin has hiinself shown, their atempte to defend their
decaying system only further exposes them. Martin's legal
Work under the most adverse corditions and the work of his
aupportere on the outside have attracted ever wider interest
and conce:n —~ to the fury of the racist rulers. They would
{ike nothing better thaa to never again hear the name
“Martin Sostre.”” Tough luck for theml “Martin Sostre”” is
a name which is heard with increasing frequency in boul
the black community, the loca} establishment media and also
in the white communi:y.

Martin Sostre’s legal appeal of ais conviction, dus
sometime later tais year, will be an event of tremendous
{importance to all partisans ot the struggle for black Ikera-
‘tion and an end to racism. Our cry shall continue to be:

 

FREE MARTIN SOSTRE!
PREE ALL BLACK POLITICAL PRISCNERS!

Martin Sostre Defense Committee
Tuly 14, 1969
  
  
   
  

Crafted and compiled
by @nthony and Casey

w/ a new introduction
by Lorenzo Kom'boa Ervin

the Coalition Against White Racism,
U.B., portrays the trial of the
legendary anti-fascist, Black
rovoluticnazy Martin Sostre. Told
through selected letters, news
articles, and an array powerful
images, the lessons that present-day
anti-fascists can learn from Sostre's
Sy story are innumerable

 
 
 
  
 
 
 
 

fjre is trem the experiences of past and
present revolutionaries, we find
important lessons for the future.

Smash the fascist state!
Let's continue to build!
All power to the People!

Printed and distributed by:

South Chi ABC Zine Distro - 20 Box 721
Homewood, IL 60430

 

 

True Leap Press

G anci-copyright | Free for prisoners