Assata Olugbala Shakur (born JoAnne Deborah Byron; July 16, 1947), also known as Joanne Chesimard, is an American political activist who was a member of the Black Liberation Army (BLA). In 1977, she was convicted in the murder of state trooper Werner Foerster during a shootout on the
New Jersey Turnpike
The New Jersey Turnpike (NJTP) is a system of controlled-access highway, controlled-access toll roads in the U.S. state of New Jersey. The turnpike is maintained by the New Jersey Turnpike Authority (NJTA).The Garden State Parkway, although ma ...
in 1973. She escaped from prison in 1979 and is wanted by the
FBI
The Federal Bureau of Investigation (FBI) is the domestic Intelligence agency, intelligence and Security agency, security service of the United States and Federal law enforcement in the United States, its principal federal law enforcement ag ...
, with a $1 million FBI reward for information leading to her capture, and an additional $1 million reward offered by the
New Jersey attorney general
The attorney general of New Jersey is a member of the executive cabinet of the state and oversees the New Jersey Department of Law and Public Safety, Department of Law and Public Safety. The office is appointed by the governor of New Jersey, confi ...
.
Born in
Flushing, Queens
Flushing is a neighborhood in the north-central portion of the New York City Borough (New York City), borough of Queens. The neighborhood is the fourth-largest central business district in New York City. Downtown Flushing is a major commercial ...
, Byron grew up in New York City and
Wilmington, North Carolina
Wilmington is a port city in New Hanover County, North Carolina, United States. With a population of 115,451 as of the 2020 United States census, 2020 census, it is the List of municipalities in North Carolina, eighth-most populous city in the st ...
. After she ran away from home several times, her aunt, who would later act as one of her lawyers, took her in. Byron became involved in
political activism
Activism consists of efforts to promote, impede, direct or intervene in social, political, economic or environmental reform with the desire to make changes in society toward a perceived common good. Forms of activism range from mandate build ...
City College of New York
The City College of the City University of New York (also known as the City College of New York, or simply City College or CCNY) is a Public university, public research university within the City University of New York (CUNY) system in New York ...
. After graduation, she began using the name Assata Shakur, and briefly joined the
Black Panther Party
The Black Panther Party (originally the Black Panther Party for Self-Defense) was a Marxism–Leninism, Marxist–Leninist and Black Power movement, black power political organization founded by college students Bobby Seale and Huey P. Newto ...
. She then joined the BLA. Assata means "she who struggles", Olugbala means "the one who saves", and Shakur means "the thankful one".
Between 1971 and 1973, she was charged with several crimes and was the subject of a multi-state manhunt. In May 1973, Shakur was arrested after being wounded in a shootout on the New Jersey Turnpike. Also involved in the shootout were officers Werner Foerster and James Harper, and BLA members Sundiata Acoli and Zayd Malik Shakur. Harper was wounded, and Zayd Shakur and Foerster were killed. Between 1973 and 1977, Shakur was charged with murder, attempted murder, armed robbery, and kidnapping in relation to the shootout and six other incidents. She was acquitted on three of the charges and three were dismissed. In 1977, she was convicted of the murder of State Trooper Foerster and of seven other felonies related to the 1973 shootout. Her defense argued that medical evidence exonerated her, i.e., her right arm was shot and paralyzed while her hands were raised, and she would have been unable to fire a weapon.
While serving a life sentence for murder in New Jersey's Clinton Correctional Facility for Women, Shakur escaped in 1979, with assistance from the BLA and the
May 19 Communist Organization
The May 19th Communist Organization (also variously referred to as the May 19 Coalition, May 19 Communist Coalition or M19CO) was a US-based far-left group formed by members of the Weather Underground Organization. The group was originally know ...
. In 1984, she was granted
political asylum
The right of asylum, sometimes called right of political asylum (''asylum'' ), is a juridical concept, under which people persecuted by their own rulers might be protected by another sovereignty, sovereign authority, such as a second country or ...
in Cuba, where she has remained despite U.S. government efforts to have her extradited. Since 2013, she has been on the
FBI Most Wanted Terrorists
The FBI Most Wanted Terrorists is a list created and first released on October 10, 2001, with the authority of United States president George W. Bush, following the September 11 attacks. Initially, the list contained 22 of the top suspected terr ...
list, as Joanne Deborah Chesimard, and was the first woman ever added to the list.
Early life and education
Assata Shakur was born JoAnne Deborah Byron, in
Flushing, Queens
Flushing is a neighborhood in the north-central portion of the New York City Borough (New York City), borough of Queens. The neighborhood is the fourth-largest central business district in New York City. Downtown Flushing is a major commercial ...
on July 16, 1947. According to the FBI, Shakur has also used August 19, 1952, as a birthdate. She lived for three years with her mother, schoolteacher Doris E. Johnson, and retired grandparents, Lula and Frank Hill.
In 1950, Shakur's parents divorced, and she moved with her grandparents to
Wilmington, North Carolina
Wilmington is a port city in New Hanover County, North Carolina, United States. With a population of 115,451 as of the 2020 United States census, 2020 census, it is the List of municipalities in North Carolina, eighth-most populous city in the st ...
. After elementary school, Shakur moved back to Queens to live with her mother and stepfather (her mother had remarried); she attended Parsons Junior High School. Shakur still frequently visited her grandparents in the south. Her family struggled financially and argued frequently; Shakur spent little time at home.
She often ran away, staying with strangers and working for short periods of time, until she was taken in by her mother's sister, Evelyn A. Williams, a
civil rights
Civil and political rights are a class of rights that protect individuals' political freedom, freedom from infringement by governments, social organizations, and private individuals. They ensure one's entitlement to participate in the civil and ...
worker who lived in Manhattan.Scheffler, 2002, p. 203. Shakur has said that her aunt was the heroine of her childhood, as she was constantly introducing her to new things. She said that her aunt was "very sophisticated and knew all kinds of things. She was right up my alley because i was forever asking all kinds of questions. I wanted to know everything." Williams often took the girl to museums, theaters, and art galleries.
Shakur converted to Catholicism as a child and attended the all-girls Cathedral High School for six months before transferring to public high school, which she attended for a while before dropping out. Her aunt helped her to later earn a
General Educational Development
The General Educational Development (GED) tests are a group of four academic subject tests in the United States and its territories certifying academic knowledge equivalent to a high school diploma. This certification is an alternative to the U ...
(GED) degree. Often there were few or no other black students in her
Catholic high school
Catholic schools are parochial pre-primary, primary and secondary educational institutions administered in association with the Catholic Church. , the Catholic Church operates the world's largest religious, non-governmental school system. In 201 ...
class.
Shakur later wrote that teachers seemed surprised when she answered a question in class, as if not expecting black people to be intelligent and engaged. She said she was taught a sugar-coated version of history that ignored the oppression suffered by
people of color
The term "person of color" (: people of color or persons of color; abbreviated POC) is used to describe any person who is not considered "white". In its current meaning, the term originated in, and is associated with, the United States. From th ...
, especially in the United States. In her autobiography, she wrote: "I didn't know what a fool they had made out of me until i grew up and started to read real history."
Shakur attended Borough of Manhattan Community College (BMCC) and then the
City College of New York
The City College of the City University of New York (also known as the City College of New York, or simply City College or CCNY) is a Public university, public research university within the City University of New York (CUNY) system in New York ...
(CCNY) in the mid-1960s, where she became involved in many political activities, civil rights protests, and
sit-in
A sit-in or sit-down is a form of direct action that involves one or more people occupying an area for a protest, often to promote political, social, or economic change. The protestors gather conspicuously in a space or building, refusing to mo ...
s.
She traces her interest in
communism
Communism () is a political sociology, sociopolitical, political philosophy, philosophical, and economic ideology, economic ideology within the history of socialism, socialist movement, whose goal is the creation of a communist society, a ...
to a 1964 debate about the
Vietnam War
The Vietnam War (1 November 1955 – 30 April 1975) was an armed conflict in Vietnam, Laos, and Cambodia fought between North Vietnam (Democratic Republic of Vietnam) and South Vietnam (Republic of Vietnam) and their allies. North Vietnam w ...
with several African students attending
Columbia University
Columbia University in the City of New York, commonly referred to as Columbia University, is a Private university, private Ivy League research university in New York City. Established in 1754 as King's College on the grounds of Trinity Churc ...
:
In 1967, she was arrested for the first time — with 100 other BMCC students — on charges of trespassing. The students had chained and locked the entrance to a college building to protest the low numbers of black faculty and the lack of a
Black Studies
Black studies or Africana studies (with nationally specific terms, such as African American studies and Black Canadian studies), is an interdisciplinary academic field that primarily focuses on the study of the history, culture, and politics of ...
program.
Personal life
In April 1967, she married Louis Chesimard, a fellow student-activist at CCNY, in a
Catholic
The Catholic Church (), also known as the Roman Catholic Church, is the List of Christian denominations by number of members, largest Christian church, with 1.27 to 1.41 billion baptized Catholics Catholic Church by country, worldwid ...
wedding ceremony. Their married life ended within a year; they divorced in December 1970 and Chesimard was granted an
annulment
Annulment is a legal procedure within secular and religious legal systems for declaring a marriage null and void. Unlike divorce, it is usually retroactive, meaning that an annulled marriage is considered to be invalid from the beginning alm ...
. In her 320-page memoir, Shakur gave one paragraph to her marriage, saying that it ended over their differing views of
gender roles
A gender role, or sex role, is a social norm deemed appropriate or desirable for individuals based on their gender or sex.
Gender roles are usually centered on conceptions of masculinity and femininity. The specifics regarding these gende ...
.
Black Panther Party and Black Liberation Army
Following graduation from CCNY, Shakur moved to
Oakland, California
Oakland is a city in the East Bay region of the San Francisco Bay Area in the U.S. state of California. It is the county seat and most populous city in Alameda County, California, Alameda County, with a population of 440,646 in 2020. A major We ...
, where she joined the
Black Panther Party
The Black Panther Party (originally the Black Panther Party for Self-Defense) was a Marxism–Leninism, Marxist–Leninist and Black Power movement, black power political organization founded by college students Bobby Seale and Huey P. Newto ...
(BPP), and worked to organize protests and
community education
Community education, also known as Community-Based Education or Community Learning & Development, or Development Education is an organization's programs to promote learning and social development work with individuals and groups in their commun ...
programs. After returning to New York City, she led the BPP chapter in
Harlem
Harlem is a neighborhood in Upper Manhattan, New York City. It is bounded roughly by the Hudson River on the west; the Harlem River and 155th Street on the north; Fifth Avenue on the east; and Central Park North on the south. The greater ...
, coordinating the
Free Breakfast for Children
The Free Breakfast for School Children Program, or the People’s Free Food Program, was a community service program run by the Black Panther Party that focused on providing free breakfast for children before school. The program began in January ...
program, free clinics, and community outreach. But she soon left the party, disliking the macho behavior of the men and believing that the BPP members and leaders lacked knowledge and understanding of
African-American history
African-American history started with the forced transportation of List of ethnic groups of Africa, Africans to North America in the 16th and 17th centuries. The European colonization of the Americas, and the resulting Atlantic slave trade, ...
.
Shakur joined the Black Liberation Army (BLA), an offshoot whose members were inspired by the
Vietcong
The Viet Cong (VC) was an epithet and umbrella term to refer to the Communism, communist-driven armed movement and united front organization in South Vietnam. It was formally organized as and led by the National Liberation Front of South Vi ...
and the Algerian independence fighters of the Battle of Algiers. They mounted a campaign of guerilla activities against the U.S. government, using such tactics as planting bombs, holding up banks, and murdering drug dealers and police.
She began using the name ''Assata Olugbala Shakur'' in 1971, rejecting JoAnne Chesimard as a " slave name". Assata is a West African name, derived from
Aisha
Aisha bint Abi Bakr () was a seventh century Arab commander, politician, Muhaddith, muhadditha and the third and youngest wife of the Prophets and messengers in Islam, Islamic prophet Muhammad.
Aisha had an important role in early Islamic h ...
, said to mean "she who struggles", while Shakur means "thankful one" in
Arabic
Arabic (, , or , ) is a Central Semitic languages, Central Semitic language of the Afroasiatic languages, Afroasiatic language family spoken primarily in the Arab world. The International Organization for Standardization (ISO) assigns lang ...
. Olugbala means "savior" in Yoruba. She identified as an African and felt her old name no longer fit: "It sounded so strange when people called me JoAnne. It really had nothing to do with me. I didn't feel like no JoAnne, or no
Negro
In the English language, the term ''negro'' (or sometimes ''negress'' for a female) is a term historically used to refer to people of Black people, Black African heritage. The term ''negro'' means the color black in Spanish and Portuguese (from ...
, or no amerikan. I felt like an African woman."
Allegations and manhunt
On April 6, 1971, Shakur was shot in the stomach during a struggle with a guest at the Statler Hilton Hotel in
Midtown Manhattan
Midtown Manhattan is the central portion of the New York City borough of Manhattan, serving as the city's primary central business district. Midtown is home to some of the city's most prominent buildings, including the Empire State Building, the ...
. According to police, Shakur knocked on the door of a guest's room, asked "Is there a party going on here?", then displayed a revolver and demanded money. In 1987, Shakur confirmed to a journalist that there was a drug connection in this incident but refused to elaborate.
She was booked on charges of attempted robbery, assault, reckless endangerment, and possession of a deadly weapon, then released on bail. Shakur is alleged to have said that she was glad that she had been shot; afterward, she was no longer afraid to be shot again.
Following an August 23, 1971, bank robbery in Queens, Shakur was sought for questioning. A photograph of a woman (who was later alleged to be Shakur) wearing thick-rimmed black glasses, with a high hairdo pulled tightly over her head, and pointing a gun, was widely displayed in banks. The New York Clearing House Association paid for full-page ads displaying material about Shakur. In 1987, when asked in
Cuba
Cuba, officially the Republic of Cuba, is an island country, comprising the island of Cuba (largest island), Isla de la Juventud, and List of islands of Cuba, 4,195 islands, islets and cays surrounding the main island. It is located where the ...
about police allegations that the BLA gained funds by conducting bank robberies and theft, Shakur responded, "There were expropriations, there were bank robberies."
On December 21, 1971, Shakur was named by the
New York City Police Department
The City of New York Police Department, also referred to as New York City Police Department (NYPD), is the primary law enforcement agency within New York City. Established on May 23, 1845, the NYPD is the largest, and one of the oldest, munic ...
as one of four suspects in a hand grenade attack that destroyed a police car and injured two officers in
Maspeth, Queens
Maspeth is a residential and commercial community in the Borough (New York City), borough of Queens in New York City. It was founded in the early 17th century by Dutch and English settlers. Neighborhoods sharing borders with Maspeth are Woodside ...
. When a witness identified Shakur and Andrew Jackson from FBI photographs, a 13-state alarm was issued three days after the attack. Law enforcement officials in
Atlanta, Georgia
Atlanta ( ) is the List of capitals in the United States, capital and List of municipalities in Georgia (U.S. state), most populous city in the U.S. state of Georgia (U.S. state), Georgia. It is the county seat, seat of Fulton County, Georg ...
, said that Shakur and Jackson had lived together in Atlanta for several months in the summer of 1971.
Shakur was wanted for questioning for wounding a police officer on January 26, 1972, who was attempting to serve a traffic summons in
Brooklyn
Brooklyn is a Boroughs of New York City, borough of New York City located at the westernmost end of Long Island in the New York (state), State of New York. Formerly an independent city, the borough is coextensive with Kings County, one of twelv ...
.Williams, 1993, p. 5. After an $89,000 Brooklyn bank robbery on March 1, 1972, a '' Daily News'' headline asked: "Was that JoAnne?" Shakur was identified as wanted for questioning after a September 1, 1972, bank robbery in
the Bronx
The Bronx ( ) is the northernmost of the five Boroughs of New York City, boroughs of New York City, coextensive with Bronx County, in the U.S. state of New York (state), New York. It shares a land border with Westchester County, New York, West ...
. Based on FBI photographs, Monsignor John Powis alleged that Shakur was involved in an armed robbery at Our Lady of the Presentation Church in
Brownsville, Brooklyn
Brownsville is a residential neighborhood in eastern Brooklyn in New York City. The neighborhood is bordered by Crown Heights, Brooklyn, Crown Heights to the northwest; Bedford–Stuyvesant, Brooklyn, Bedford–Stuyvesant and the subsection of ...
, on September 14, 1972.Daly, Michael (December 13, 2006). "The Msgr. & the Militant", ''New York Daily News''.
In 1972, Shakur became the subject of a nationwide manhunt after the FBI alleged that she led a Black Liberation Army cell that had conducted a "series of cold-blooded murders of New York City police officers".Churchill and Vander Wall, 2002, p. 308. The FBI said these included the "execution style murders" of New York City Police Officers Joseph Piagentini and Waverly Jones on May 21, 1971, and NYPD officers Gregory Foster and Rocco Laurie on January 28, 1972. Shakur was alleged to have been directly involved with the Foster and Laurie murders, and involved tangentially with the Piagentini and Jones murders.
Some sources identify Shakur as the ''de facto'' head of the BLA after the arrest of co-founder Dhoruba Moore. Robert Daley, Deputy Commissioner of the New York City Police, for example, described Shakur as "the final wanted fugitive, the soul of the gang, the mother hen who kept them together, kept them moving, kept them shooting". Years later, some police officers argued that her importance in the BLA had been exaggerated by the police. One officer said that they had created a "myth" to "demonize" Shakur because she was "educated", "young and pretty".
As of February 17, 1972, when Shakur was identified as one of four BLA members on a short trip to
Chattanooga, Tennessee
Chattanooga ( ) is a city in Hamilton County, Tennessee, United States, and its county seat. It is located along the Tennessee River and borders Georgia (U.S. state), Georgia to the south. With a population of 181,099 in 2020, it is Tennessee ...
, she was wanted for questioning (along with Robert Vickers, Twyman Meyers, Samuel Cooper, and Paul Stewart) in relation to police killings, a Queens bank robbery, and the grenade attack on police. Shakur was reported as one of six suspects in the ambushing of four policemen—two in
Jamaica, Queens
Jamaica is a neighborhood in the New York City borough of Queens. It has a popular large commercial and retail area, though part of the neighborhood is also residential. Jamaica is bordered by Hollis, St Albans, and Cambria Heights to the ea ...
, and two in
Brooklyn
Brooklyn is a Boroughs of New York City, borough of New York City located at the westernmost end of Long Island in the New York (state), State of New York. Formerly an independent city, the borough is coextensive with Kings County, one of twelv ...
—on January 28, 1973.
On April 16, 1981, Shakur was allegedly in the back seat of a van connected with a burglary. After the vehicle was pulled over, two men stepped out of the vehicle and opened fire on NYPD officers John Scarangella and Richard Rainey. The two men were charged with the murder of Officer Scarangella and attempted murder of Officer Rainey.
By June 1973, an apparatus that would become the FBI's Joint Terrorism Task Force (JTTF) was issuing nearly daily briefings on Shakur's status and the allegations against her.Cleaver and Katsiaficas, 2001, p. 16.
According to Cleaver and George Katsiaficas, the FBI and local police "initiated a national search-and-destroy mission for suspected BLA members, collaborating in stakeouts that were the products of intensive political repression and counterintelligence campaigns like NEWKILL". They "attempted to tie Assata to every suspected action of the BLA involving a woman". The JTTF would later serve as the "coordinating body in the search for Assata and the renewed campaign to smash the BLA", after her escape from prison. After her capture, however, Shakur was not charged with any of the crimes for which she was purportedly the subject of the manhunt.Marable, Manning, and Mullings, Leith. (2003). ''Let Nobody Turn Us Around: Voices of Resistance, Reform, and Renewal: an African American Anthology''. Rowman & Littlefield. . pp. 529–530.
Shakur and others claim that she was targeted by the FBI's
COINTELPRO
COINTELPRO (a syllabic abbreviation derived from Counter Intelligence Program) was a series of covert and illegal projects conducted between 1956 and 1971 by the United States Federal Bureau of Investigation (FBI) aimed at surveilling, infiltr ...
as a result of her involvement with the black liberation organizations. Specifically, documentary evidence suggests that Shakur was targeted by an investigation named CHESROB, which "attempted to hook former New York Panther Joanne Chesimard (Assata Shakur) to virtually every bank robbery or violent crime involving a black woman on the East Coast". Although named after Shakur, CHESROB (like its predecessor, NEWKILL) was not limited to Shakur.
Years later when she was living in Cuba, Shakur was asked about the BLA's alleged involvement in the killings of police officers. She said, "In reality, armed struggle historically has been used by people to liberate themselves... But the question lies in when do people use armed struggle... There were people n the BLAwho absolutely took the position that it was just time to resist, and if black people didn't start to fight back against
police brutality
Police brutality is the excessive and unwarranted use of force by law enforcement against an individual or Public order policing, a group. It is an extreme form of police misconduct and is a civil rights violation. Police brutality includes, b ...
and didn't start to wage armed resistance, we would be annihilated."
New Jersey Turnpike shootout
On May 2, 1973, at about 12:45 a.m.,Sullivan, Joseph F. (May 3 or 4th, 1973). Panther, Trooper Slain in Shoot-Out , ''The New York Times'', p. 1. Assata Shakur, along with Zayd Malik Shakur and Sundiata Acoli, were stopped on the
New Jersey Turnpike
The New Jersey Turnpike (NJTP) is a system of controlled-access highway, controlled-access toll roads in the U.S. state of New Jersey. The turnpike is maintained by the New Jersey Turnpike Authority (NJTA).The Garden State Parkway, although ma ...
in East Brunswick for driving with a broken tail light by State Trooper James Harper, backed up by Trooper Werner Foerster in a second patrol vehicle. The vehicle was "slightly" exceeding the speed limit. Recordings of Trooper Harper calling the dispatcher were played at the trials of both Acoli and Assata Shakur.Waggoner, Walter H. (February 14, 1977). Jury in Chesimard Murder Trial Listens to State Police Radio Tapes , ''The New York Times'', p. 83.
The stop occurred south of what was then the Turnpike Authority administration building.Kirsta, Alix (May 29, 1999), "A black and white case – Investigation – Joanne Chesimard", ''The Times''. Acoli was driving the two-door vehicle, Assata Shakur was seated in the right front seat, and Zayd Shakur was in the right rear seat. Trooper Harper asked the driver for identification, noticed a discrepancy, asked him to get out of the car, and questioned him at the rear of the vehicle.
With the questioning of Acoli, accounts by participants of the confrontation begin to differ (see the witnesses section below). A shootout ensued in which Trooper Foerster was shot twice in the head with his own gun and killed, Zayd Shakur was killed, and Assata Shakur and Trooper Harper were wounded.
According to initial police statements, at this point one or more of the suspects had begun firing with semiautomatic handguns, and Trooper Foerster fired four times before falling mortally wounded. At Acoli's trial, Harper testified that the gunfight started "seconds" after Foerster arrived at the scene.Johnston, Richard J. H. (February 14, 1974). Trooper Recalls Shooting on Pike , ''The New York Times'', p. 86. Retrieved June 17, 2008. At this trial, Harper said that Foerster reached into the vehicle, pulled out and held up a semi-automatic pistol and ammunition magazine, and said "Jim, look what I found," while facing Harper at the rear of the vehicle. The police ordered Assata Shakur and Zayd Shakur to put their hands on their laps and not to move; Harper said that Assata Shakur reached down to the right of her right leg, pulled out a pistol, and shot him in the shoulder, after which he retreated to behind his vehicle. Questioned by prosecutor C. Judson Hamlin, Harper said he saw Foerster shot just as Assata Shakur was hit by bullets from Harper's gun. In his opening statement to a jury, Hamlin said that Acoli shot Foerster with a .38 caliber semiautomatic pistol and used Foerster's own gun to "execute him". According to the testimony of State Police investigators, two jammed semi-automatic pistols were discovered near Foerster's body.
Acoli drove the car (a white Pontiac LeMans with Vermont license plates)—which contained Assata Shakur, who was wounded, and Zayd Shakur, who was dead or dying— down the road. The vehicle was chased by three patrol cars and the booths down the turnpike were alerted. Acoli stopped and exited the car and, after being ordered to halt by a trooper, fled into the woods as the trooper emptied his gun. Assata Shakur walked toward the trooper with her bloodied arms raised in surrender. Acoli was captured after a 36-hour manhunt—involving 400 people, state police helicopters, and
bloodhound
The bloodhound is a large scent hound, originally bred for hunting deer, wild boar, rabbits, and since the Middle Ages, for tracking people. Believed to be descended from hounds once kept at the Abbey of Saint-Hubert, Belgium, in French it is ...
s.Sullivan, Joseph F. (May 4, 1973). "Gunfight Suspect Caught in Jersey", ''The New York Times'', p. 41. Zayd Shakur's body was found in a nearby gully along the road.
According to a New Jersey Police spokesperson, Assata Shakur was on her way to a "new hideout in Philadelphia" and "heading ultimately for Washington". A book in the vehicle was said to contain a list of potential BLA targets. Assata Shakur testified she was on her way to
Baltimore
Baltimore is the most populous city in the U.S. state of Maryland. With a population of 585,708 at the 2020 census and estimated at 568,271 in 2024, it is the 30th-most populous U.S. city. The Baltimore metropolitan area is the 20th-large ...
for a job as a bar waitress.
With gunshot wounds in both arms and a shoulder, Assata Shakur was moved to Middlesex General Hospital under "heavy guard" and was reported to be in "serious condition". Trooper Harper was wounded in the left shoulder, reported in "good" condition, and given a protective guard at the hospital. Assata Shakur was interrogated and arraigned from her hospital bed.
Her defense team alleged that her medical care during this period was "substandard".
She was transferred from Middlesex General Hospital in New Brunswick to Roosevelt Hospital in Edison after her lawyers obtained a court order from Judge John Bachman, and then transferred to Middlesex County Workhouse a few weeks later.
During an interview, Assata Shakur discussed her treatment by the police and medical staff at Middlesex General Hospital. She said that the police beat and choked her and were "doing everything that they could possibly do as soon as the doctors or nurses would go outside".
Criminal charges and dispositions
Between 1973 and 1977, in New York and New Jersey, Shakur was indicted ten times, resulting in seven different criminal trials. Shakur was charged with two bank robberies, the kidnapping of a Brooklyn
heroin
Heroin, also known as diacetylmorphine and diamorphine among other names, is a morphinan opioid substance synthesized from the Opium, dried latex of the Papaver somniferum, opium poppy; it is mainly used as a recreational drug for its eupho ...
dealer, the attempted murder of two Queens police officers stemming from a January 23, 1973, failed ambush, and eight other felonies related to the Turnpike shootout.Nelson, Jim (February 29, 1988). "The Soul Survivor; Assata Shakur on the Making of a Radical". ''The Washington Post'', p. B6. Of these trials, three resulted in acquittals, one in a
hung jury
A hung jury, also called a deadlocked jury, is a judicial jury that cannot agree upon a verdict after extended deliberation and is unable to reach the required unanimity or supermajority. A hung jury may result in the case being tried again.
Thi ...
, one in a
change of venue
A change of venue is the legal term for moving a trial (law), trial to a new location. In high-profile matters, a change of venue may occur to move a jury trial away from a location where a fair and impartial jury may not be possible due to wides ...
, one in a
mistrial
In law, a trial is a coming together of parties to a dispute, to present information (in the form of evidence) in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court. The tribunal, ...
due to
pregnancy
Pregnancy is the time during which one or more offspring gestation, gestates inside a woman's uterus. A multiple birth, multiple pregnancy involves more than one offspring, such as with twins.
Conception (biology), Conception usually occurs ...
, and one in a
conviction
In law, a conviction is the determination by a court of law that a defendant is Guilty (law), guilty of a crime. A conviction may follow a guilty plea that is accepted by the court, a jury trial in which a verdict of guilty is delivered, or a ...
. Three indictments were dismissed without trial.
Bronx bank robbery mistrial
In December 1973, Shakur was tried for a September 29, 1972, $3,700 robbery of the Manufacturer's Hanover Trust Company in the Bronx, along with co-defendant Kamau Sadiki (born Fred Hilton). In light of the pending murder prosecution against Shakur in New Jersey state court, her lawyers requested that the trial be postponed for six months to permit further preparation. Judge Lee P. Gagliardi denied a postponement, and the Second Circuit denied Shakur's petition for
mandamus
A writ of (; ) is a judicial remedy in the English and American common law system consisting of a court order that commands a government official or entity to perform an act it is legally required to perform as part of its official duties, o ...
. In protest, the lawyers stayed mute, and Shakur and Sadiki conducted their own defense.Perkins, 2000, p. 81.''The New York Times'' (December 14, 1973). "Chesimard Verdict Still Awaited Here", p. 31. Seven other BLA members were indicted by District Attorney Eugene Gold in connection with the series of holdups and shootings on the same day, who—according to Gold—represented the "top echelon" of the BLA as determined by a year-long investigation.
The prosecution's case rested largely on the testimony of two men who had pleaded guilty to participating in the holdup. The prosecution called four witnesses: Avon White and John Rivers (both of whom had already pled guilty to the robbery) and the manager and teller of the bank.Prial, Frank J. (December 12, 1973). "Prosecution Rests Case on Chesimard Robbery Trial; Defendant Ejected", ''The New York Times'', p. 54. White and Rivers, although having pled guilty, had not yet been sentenced for the robbery and were promised that the charges would be dropped in exchange for their testimony. White and Rivers testified that Shakur had guarded one of the doors with a .357 magnum pistol and that Sadiki had served as a lookout and drove the getaway truck during the robbery; neither White nor Rivers was cross-examined due to the defense attorney's refusal to participate in the trial. Shakur's aunt and lawyer, Evelyn Williams, was cited for
contempt of court
Contempt of court, often referred to simply as "contempt", is the crime of being disobedient to or disrespectful toward a court of law and its officers in the form of behavior that opposes or defies the authority, justice, and dignity of the co ...
after walking out of the courtroom after many of her attempted motions were denied. The trial was delayed for a few days after Shakur was diagnosed with
pleurisy
Pleurisy, also known as pleuritis, is inflammation of the membranes that surround the lungs and line the chest cavity (Pulmonary pleurae, pleurae). This can result in a sharp chest pain while breathing. Occasionally the pain may be a constant d ...
.
During the trial, the defendants were escorted to a "holding pen" outside the courtroom several times after shouting complaints and epithets at Judge Gagliardi.Lichtenstein, Grace. December 6, 1973. New Outbursts Mark Chesimard Trial , ''The New York Times''. Retrieved on 2008-06-12. While in the holding pen, they listened to the proceedings over loudspeakers.Dugan, George. January 27, 1974. . ''The New York Times''. Retrieved on 2008-06-12. Both defendants were repeatedly cited for contempt of court and eventually barred from the courtroom, where the trial continued in their absence. A contemporary ''
New York Times
''The New York Times'' (''NYT'') is an American daily newspaper based in New York City. ''The New York Times'' covers domestic, national, and international news, and publishes opinion pieces, investigative reports, and reviews. As one of ...
'' editorial criticized Williams for failing to maintain courtroom "decorum," comparing her actions to William Kunstler's recent contempt conviction for his actions during the " Chicago Seven" trial.
Sadiki's lawyer, Robert Bloom, attempted to have the trial dismissed and then postponed due to new "revelations" regarding the credibility of White, a former co-defendant by then working for the prosecution.Lichtenstein, Grace (December 11, 1973). "Judge and Defendants Clash Again as Chesimard Jury Is Chosen", ''The New York Times'', p. 31. Bloom had been assigned to defend Sadiki/Hilton over the summer, but White was not disclosed as a government witness until right before the trial.Prial, Frank J. (December 15, 1973). "Mistrial Declared in Chesimard Case as Jury Splits 11-1", ''The New York Times'', p. 28. Judge Gagliardi instructed both the prosecution and the defense not to bring up Shakur or Sadiki's connections to the BLA, saying they were "not relevant". Gagliardi denied requests by the jurors to pose questions to the witnesses—either directly or through him—and declined to provide the jury with information they requested about how long the defense had been given to prepare, saying it was "none of their concern". This trial resulted in a
hung jury
A hung jury, also called a deadlocked jury, is a judicial jury that cannot agree upon a verdict after extended deliberation and is unable to reach the required unanimity or supermajority. A hung jury may result in the case being tried again.
Thi ...
and then a mistrial, when the jury reported to Gagliardi that they were hopelessly deadlocked for the fourth time.
Bronx bank robbery retrial
The retrial was delayed for one day to give the defendants more time to prepare. The new jury selection was marked by attempts by Williams to be relieved of her duties, owing to disagreements with Shakur as well as with Hilton's attorney.''The New York Times'' (December 19, 1973). "Second Chesimard Jury Being Picked", p. 47. Judge Arnold Bauman denied the application, but directed another lawyer, Howard Jacobs, to defend Shakur while Williams remained the attorney of record. Shakur was ejected following an argument with Williams, and Hilton left with her as jury selection continued. After the selection of twelve jurors (60 were excused), Williams was allowed to retire from the case, with Shakur officially representing herself, assisted by lawyer Florynce Kennedy. In the retrial, White testified that the six alleged robbers had saved their hair clippings to create disguises, and identified a partially obscured head and shoulder in a photo taken from a surveillance camera as Shakur's. Kennedy objected to this identification on the grounds that the prosecutor, assistant United States attorney Peter Truebner, had offered to stipulate that Shakur was not depicted in any of the photographs. Although both White and Rivers testified that Shakur was wearing overalls during the robbery, the person identified as Shakur in the photograph was wearing a jacket. The defense attempted to discredit White on the grounds that he had spent eight months in Matteawan Hospital for the Criminally Insane in 1968, and White countered that he had faked insanity (by claiming to be Allah in front of three psychiatrists) to get transferred out of prison.
Shakur personally cross-examined the witnesses, getting White to admit that he had once been in love with her; the same day, one juror (who had been frequently napping during the trial) was replaced with an alternate. During the retrial, the defendants repeatedly left or were thrown out of the courtroom. Both defendants were acquitted in the retrial; six jurors interviewed after the trial stated that they did not believe the two key prosecution witnesses.Chambers, Marcia (December 29, 1973). Mrs. Chesimard Wins Acquittal , ''The New York Times'', p. 16. Shakur was immediately returned to
Morristown, New Jersey
Morristown () is a Town (New Jersey), town in and the county seat of Morris County, New Jersey, Morris County, in the U.S. state of New Jersey.
, under a heavy guard following the trial. Louis Chesimard (Shakur's ex-husband) and Paul Stewart, the other two alleged robbers, had been acquitted in June.
Turnpike shootout mistrial
The Turnpike shootout proceedings continued with Judge John E. Bachman in Middlesex County. New Jersey Superior Court Judge Leon Gerofsky ordered a change of venue in 1973 from
Middlesex
Middlesex (; abbreviation: Middx) is a Historic counties of England, former county in South East England, now mainly within Greater London. Its boundaries largely followed three rivers: the River Thames, Thames in the south, the River Lea, Le ...
to
Morris County, New Jersey
Morris County is a County (United States), county located in the U.S. state of New Jersey, about west of New York City. According to the 2020 United States census, 2020 census, the county was the state's List of counties in New Jersey, tenth- ...
, saying "it was almost impossible to obtain a jury here comprising people willing to accept the responsibility of impartiality so that defendants will be protected from transitory passion and prejudice."Hershberger, James (March 24, 2006). "Assata Shakur: Case of oppression in U.S". ''Daily Toreador''. Morris County, had a far smaller black population than Middlesex County. On this basis, Shakur unsuccessfully attempted to move the trial to federal court.
Before jury selection was complete, it was discovered that Shakur was pregnant. Due to the possibility of
miscarriage
Miscarriage, also known in medical terms as a spontaneous abortion, is an end to pregnancy resulting in the loss and expulsion of an embryo or fetus from the womb before it can fetal viability, survive independently. Miscarriage before 6 weeks ...
, the prosecution successfully requested a mistrial for Shakur; Acoli's trial continued.Hinds, Lennox (October 26, 1998). The injustice of the trial .''Covert Action Quarterly''. Retrieved on May 9, 2008.
Attempted murder dismissal
Shakur and four others (including Fred Hilton, Avon White, and Andrew Jackson) were indicted in the State Supreme Court in the Bronx on December 31, 1973, on charges of attempting to shoot and kill two policemen—Michael O'Reilly and Roy Polliana, who were wounded but had since returned to duty—in an ambush in St. Albans, Queens on January 28, 1973. On March 5, 1974, two new defendants (Jeannette Jefferson and Robert Hayes) were named in an indictment involving the same charges. On April 26, while Shakur was pregnant,Kamau Sadiki (born Fred W. X. Hilton), a co-defendant who shared a cell with Shakur during their trial for armed robbery in the Bronx (of which both were acquitted), is believed to be the father. See Kirsta, Alix (May 29, 1999), "A black and white case – Investigation – Joanne Chesimard", ''The Times''. New Jersey Governor
Brendan Byrne
Brendan Thomas Byrne (April 1, 1924 – January 4, 2018) was an American attorney and Democratic Party politician who served as the 47th Governor of New Jersey from 1974 to 1982.
Byrne began his career as a private attorney in Newark and Eas ...
signed an extradition order to move Shakur to New Jersey to face two counts of attempted murder, attempted assault, and possession of dangerous weapons related to the alleged ambush; however, Shakur declined to waive her right to an extradition hearing, and asked for a full hearing before Middlesex County Court Judge John E. Bachman.
Shakur was extradited to New York City on May 6, arraigned on May 11 (pleading not guilty), and remanded to jail by Justice Albert S. McGrover of the State Supreme Court, pending a pretrial hearing on July 2.''The Hartford Courant'' (May 30, 1974). "Accused Police Slayer Arraigned in 2 Cases", p. 29D. In November 1974, New York State Supreme Court Justice Peter Farrell dismissed the attempted murder indictment because of insufficient evidence, declaring "The court can only note with disapproval that virtually a year has passed before counsel made an application for the most basic relief permitted by law, namely an attack on the sufficiency of the evidence submitted by the grand jury."
Kidnapping trial
Shakur was indicted on May 30, 1974, on the charge of having robbed a Brooklyn bar and kidnapping bartender James E. Freeman for ransom. Shakur and co-defendant Ronald Myers were accused of entering the bar with pistols and shotguns, taking $50 from the register, kidnapping the bartender, leaving a note demanding a $20,000 ransom from the bar owner, and fleeing in a rented truck. Freeman was said to have later escaped unhurt. The text of Shakur's opening statement in the trial is reproduced in her autobiography. Shakur and co-defendant Ronald Myers were acquitted on December 19, 1975, after seven hours of jury deliberation, ending a three-month trial in front of Judge William Thompson.''The New York Times'' (December 20, 1975). Acquittal Is Won By Miss Chesimard" p. 54.
Queens bank robbery trial
In July 1973, after being indicted by a grand jury, Shakur pleaded not guilty in Federal Court in Brooklyn to an indictment related to a $7,700 robbery of the Bankers Trust Company bank in Queens on August 31, 1971.''The New York Times'' (January 7, 1976). "Miss Chesimard Goes on Trial", p. 36. Judge Jacob Mishlerset set a tentative trial date of November 5 that year. The trial was delayed until 1976, when Shakur was represented by Stanley Cohen and Evelyn Williams. In this trial, Shakur acted as her own co-counsel and told the jury in her opening testimony:
One bank employee testified that Shakur was one of the bank robbers, but three other bank employees (including two tellers) testified that they were uncertain. The prosecution showed surveillance photos of four of the six alleged robbers, contending that one of them was Shakur wearing a wig. Shakur was forcibly subdued and photographed by the FBI on the judge's order, after having refused to cooperate, believing that the FBI would use photo manipulation; a subsequent judge determined that the manners in which the photos were obtained violated Shakur's rights and ruled the new photos inadmissible. In her autobiography, Shakur recounts being beaten, choked, and kicked on the courtroom floor by five marshals, as Williams narrated the events to ensure they would appear on the court record.Shakur, 1987, p 161 Shortly after deliberation began, the jury asked to see all the photographic exhibits taken from the surveillance footage. The jury determined that a widely circulated FBI photo allegedly showing Shakur participating in the robbery was not her.Taylor, Mark Lewis (January 17, 1999), . ''The New York Times''. Retrieved on October 18, 2007.
Shakur was acquitted after seven hours of jury deliberation on January 16, 1976,''The New York Times'' (January 17, 1976), , p. 18. and was immediately remanded back to New Jersey for the Turnpike trial. The actual transfer took place on January 29. She was the only one of the six suspects in the robbery to be brought to trial. Andrew Jackson and two others indicted for the same robbery pleaded guilty; Jackson was sentenced to five years in prison and five years' probation; another was shot and killed in a gunfight in Florida on December 31, 1971, and the last remained at large at the time of Shakur's acquittal.
Turnpike shootout retrial
By the time she was retried in 1977, Acoli had already been convicted of shooting and murdering Foerster. The prosecution argued that Assata had fired the bullets that had wounded Harper, while the defense argued that the now deceased Zayd had fired them. Based on New Jersey law, if Shakur's presence at the scene could be considered as "aiding and abetting" the murder of Foerster, she could be convicted even if she had not fired the bullets which had killed him.
A total of 289 articles had been published in the local press relating to the various crimes with which Shakur had been accused. Shakur again attempted to move the trial to federal court. The
United States District Court for the District of New Jersey
The United States District Court for the District of New Jersey (in case citations, D.N.J.) is a federal court in the United States Court of Appeals for the Third Circuit, Third Circuit (except for patent claims and claims against the U.S. gover ...
denied the petition and also denied Shakur an injunction against the holding of trial proceedings on Fridays. An
en banc
In law, an ''en banc'' (; alternatively ''in banc'', ''in banco'' or ''in bank''; ) session is when all the judges of a court sit to hear a case, not just one judge or a smaller panel of judges.
For courts like the United States Courts of Appeal ...
panel of the
United States Court of Appeals for the Third Circuit
The United States Court of Appeals for the Third Circuit (in case citations, 3d Cir.) is a United States federal court, federal court with appellate jurisdiction over the United States district court, district courts for the following United Sta ...
affirmed.
The nine-week trial was widely publicized and was even reported on by the
Telegraph Agency of the Soviet Union
The Russian News Agency TASS, or simply TASS, is a Russian state-owned news agency founded in 1904. It is the largest Russian news agency and one of the largest news agencies worldwide.
TASS is registered as a Federal State Unitary Enterpri ...
(TASS). During the trial, hundreds of civil rights campaigners demonstrated outside of the Middlesex County courthouse each day.
Following the 13-minute opening statement by Edward J. Barone, the first assistant Middlesex County prosecutor (directing the case for the state), William Kunstler (the chief of Shakur's defense staff) moved immediately for a mistrial, calling the eight-count grand jury indictment "adversary proceeding solely and exclusively under the control of the prosecutor", whom Kunstler accused of "improper prejudicial remarks"; Judge Theodore Appleby, noting the frequent defense interruptions that had characterized the previous days' jury selection, denied the motion.
On February 23, Shakur's attorneys filed papers asking Judge Appleby to subpoena FBI Director Clarence Kelley, Senator Frank Church and other federal and New York City law enforcement officials to testify about the FBI Counter Intelligence Program, which they alleged was designed to harass and disrupt black activist organizations. Kunstler had previously been successful in subpoenaing Kelley and Church for the trials of
American Indian Movement
The American Indian Movement (AIM) is an Native Americans in the United States, American Indian grassroots movement which was founded in Minneapolis, Minnesota in July 1968, initially centered in urban areas in order to address systemic issues ...
(AIM) members charged with murdering FBI agents. The motion (argued March 2)—which also asked the court to require the production of memos, tapes, documents, and photographs of alleged
COINTELPRO
COINTELPRO (a syllabic abbreviation derived from Counter Intelligence Program) was a series of covert and illegal projects conducted between 1956 and 1971 by the United States Federal Bureau of Investigation (FBI) aimed at surveilling, infiltr ...
involvement from 1970 to 1973—was denied.
Shakur herself was called as a witness on March 15, the first witness called by the defense; she denied shooting either Harper or Foerster, and also denied handling a weapon during the incident. She was questioned by her own attorney, Stuart Ball, for under 40 minutes, and then cross-examined by Barone for less than two hours (see the Witnesses section below). Ball's questioning ended with the following exchange:
Under cross-examination, Shakur was unable to explain how three magazines of ammunition and 16 live shells had gotten into her shoulder bag; she also admitted to knowing that Zayd Shakur carried a gun at times, and specifically to seeing a gun sticking out of Acoli's pocket while stopping for supper at a
Howard Johnson's
Howard Johnson by Wyndham, still commonly referred to as Howard Johnson's, is an American hotel brand with over 200 hotels in 15 countries. It was also formerly a Chain store, restaurant chain, which at one time was the largest in the U.S., wit ...
restaurant shortly before the shooting. Shakur admitted to carrying an identification card with the name "Justine Henderson" in her billfold the night of the shootout, but denied using any of the aliases on the long list that Barone proceeded to read.
Defense attorneys
Shakur's defense attorneys were William Kunstler (the chief of Shakur's defense staff), Stuart Ball, Robert Bloom, Raymond A. Brown, Stanley Cohen (who died of unknown causes early on in the Turnpike trial), Lennox Hinds, Florynce Kennedy, Louis Myers, Laurence Stern, and Evelyn Williams, Shakur's aunt. Of these attorneys, Kunstler, Ball, Cohen, Myers, Stern and Williams appeared in court for the turnpike trial. Kunstler became involved in Shakur's trials in 1975, when contacted by Williams, and commuted from New York City to New Brunswick every day with Stern.
Her attorneys, in particular Lennox Hinds, were often held in
contempt of court
Contempt of court, often referred to simply as "contempt", is the crime of being disobedient to or disrespectful toward a court of law and its officers in the form of behavior that opposes or defies the authority, justice, and dignity of the co ...
, which the National Conference of Black Lawyers cited as an example of systemic bias in the judicial system. The New Jersey Legal Ethics Committee also investigated complaints against Hinds for comparing Shakur's murder trial to "legalized lynching" undertaken by a "
kangaroo court
Kangaroo court is an informal pejorative term for a court that ignores recognized standards of law or justice, carries little or no official standing in the territory within which it resides, and is typically convened ad hoc. A kangaroo court ma ...
". Hinds' disciplinary proceeding reached the U.S. Supreme Court in ''Middlesex County Ethics Committee v. Garden State Bar Ass'n'' (1982). According to Kunstler's autobiography, the sizable contingent of New Jersey State Troopers guarding the courthouse were under strict orders from their commander, Col. Clinton Pagano, to completely shun Shakur's defense attorneys.
Judge Appleby also threatened Kunstler with dismissal and contempt of court after he delivered an October 21, 1976, speech at nearby
Rutgers University
Rutgers University ( ), officially Rutgers, The State University of New Jersey, is a Public university, public land-grant research university consisting of three campuses in New Jersey. Chartered in 1766, Rutgers was originally called Queen's C ...
that in part discussed the upcoming trial, but later ruled that Kunstler could represent Shakur. Until obtaining a court order, Kunstler was forced to strip naked and undergo a body search before each visit with Shakur—during which Shakur was shackled to a bed by both ankles. Judge Appleby also refused to investigate a burglary of her defense counsel's office that resulted in the disappearance of trial documents, amounting to half of the legal papers related to her case. Her lawyers also claimed that their offices were secretly recorded.
Witnesses
Sundiata Acoli, Assata Shakur, Trooper Harper, and a New Jersey Turnpike driver who saw part of the incident were the only surviving witnesses.Williams, Evelyn A. (June 25, 2005). Statement of Facts in the New Jersey trial of Assata Shakur ". The Talking Drum Collective. Retrieved on May 9, 2008. Acoli did not testify or make any pre-trial statements, nor did he testify in his own trial or give a statement to the police. The driver traveling north on the turnpike testified that he had seen a State Trooper struggling with a Black man between a white vehicle and a State Trooper car, whose revolving lights illuminated the area.
Shakur testified that Trooper Harper shot her after she raised her arms to comply with his demand. She said that the second shot hit her in the back as she turned to avoid it, and that she fell onto the road for the duration of the gunfight before crawling back into the backseat of the Pontiac—which Acoli drove down the road and parked. She testified that she remained there until State Troopers dragged her onto the road.
Trooper Harper's official reports state that after he stopped the Pontiac, he ordered Acoli to the back of the vehicle for Trooper Foerster—who had arrived on the scene—to examine his driver's license. The reports then state that after Acoli complied, and as Harper was looking inside the vehicle to examine the registration, Trooper Foerster yelled and held up an ammunition magazine as Shakur simultaneously reached into her red pocketbook, pulled out a 9mm handgun and fired at him. Trooper Harper's reports then state that he ran to the rear of his car and shot at Shakur who had exited the vehicle and was firing from a crouched position next to the vehicle.
Jury
A total of 408 potential jurors were questioned during the ''
voir dire
(; often ; from an Anglo-Norman term in common law meaning "to speak the truth") is a legal term for procedures during a trial that help a judge decide certain issues:
* Prospective jurors are questioned to decide whether they can be fair and i ...
'', which concluded on February 14.Waggoner, Walter H. (February 16, 1977), Chesimard Murder Trial Opens in New Brunswick . ''The New York Times'', p. 46. All of the 15 jurors—ten women and five men—were white, and most were under thirty years old. Five jurors had personal ties to State Troopers (one girlfriend, two nephews, and two friends).James, Joy, p. 144. A sixteenth female juror was removed before the trial formally opened, when it was determined that Sheriff Joseph DeMarino of Middlesex County, while a private detective several years earlier, had worked for a lawyer who represented the juror's husband. Judge Appleby repeatedly denied Kunstler's requests for DeMarino to be removed from his responsibilities for the duration of the trial "because he did not divulge his association with the juror".
One prospective juror was dismissed for reading ''Target Blue'', a book by Robert Daley, a former New York City Deputy Police Commander, which dealt in part with Shakur and had been left in the jury assembly room. Before the jury entered the courtroom, Judge Appleby ordered Shakur's lawyers to remove a copy of '' Roots: The Saga of an American Family'' by
Alex Haley
Alexander Murray Palmer Haley (August 11, 1921 – February 10, 1992) was an American writer and the author of the 1976 book '' Roots: The Saga of an American Family.'' ABC adapted the book as a television miniseries of the same name and ...
from a position on the defense counsel table easily visible to jurors. The ''Roots'' TV miniseries adapted from the book and shown shortly before the trial was believed to have evoked feelings of "guilt and sympathy" with many white viewers.
Shakur's attorneys sought a new trial on the grounds that one jury member, John McGovern, had violated the jury's sequestration order. Judge Appleby rejected Kunstler's claim that the juror had violated the order. McGovern later sued Kunstler for defamation; Kunstler eventually publicly apologized to McGovern and paid him a small settlement. Additionally, in his autobiography, Kunstler alleged that he later learned from a law enforcement agent that a New Jersey State Assembly member had addressed the jury at the hotel where they were sequestered, urging them to convict Shakur.Kunstler, 1994, p. 277.
Medical evidence
A key element of Shakur's defense was medical testimony meant to demonstrate that she was shot with her hands up and that she would have been subsequently unable to fire a weapon. A neurologist testified that the
median nerve
The median nerve is a nerve in humans and other animals in the upper limb. It is one of the five main nerves originating from the brachial plexus.
The median nerve originates from the lateral and medial cords of the brachial plexus, and has cont ...
in Shakur's right arm was severed by the second bullet, making her unable to pull a trigger. Neurosurgeon Dr. Arthur Turner Davidson, Associate Professor of Surgery at
Albert Einstein College of Medicine
The Albert Einstein College of Medicine is a Private university, private medical school in New York City. Founded in 1953, Einstein is an independent degree-granting institution within the Montefiore Einstein Health System.
Einstein hosts Doc ...
, testified that the wounds in her upper arms, armpit and chest, and severed median nerve that instantly paralyzed her right arm, would only have been caused if both arms were raised, and that to sustain such injuries while crouching and firing a weapon (as described in Trooper Harper's testimony) "would be anatomically impossible".Waggoner, Walter H. (March 17, 1977). "Neurosurgeon's Testimony Backs Mrs. Chesimard", ''The New York Times'', Section 2, p. 20, column 3.
Davidson based his testimony on an August 4, 1976, examination of Shakur and on X-rays taken immediately after the shootout at Middlesex General Hospital. Prosecutor Barone questioned whether Davidson was qualified to make such a judgment 39 months after the injury; Barone proceeded to suggest (while a female Sheriff's attendant acted out his suggestion) that Shakur was struck in the right arm and collar bone and "then spun around by the impact of the bullet so an immediate second shot entered the fleshy part of her upper left arm" to which Davidson replied, "Impossible."
Dr. David Spain, a
pathologist
Pathology is the study of disease. The word ''pathology'' also refers to the study of disease in general, incorporating a wide range of biology research fields and medical practices. However, when used in the context of modern medical treatme ...
from
Brookdale Community College
Brookdale Community College is a public community college in the Lincroft section of Middletown Township, in Monmouth County, in the U.S. state of New Jersey. Founded in 1967, the college also has regional locations in Neptune Township, Free ...
, testified that her bullet scars as well as X-rays supported her claim that her arms were raised, and that there was "no conceivable way" the first bullet could have hit Shakur's clavicle if her arm was down.Sullivan, Joseph F. (March 18, 1977). Doctor Testifies On Bullet Scars in Chesimard Trial , ''The New York Times'', Section 2, p. 24, column 1.
Judge Appleby eventually cut off funds for any further expert defense testimony. Shakur, in her autobiography, and Williams, in ''Inadmissible Evidence'', both claim that it was difficult to find expert witnesses for the trial, because of the expense and because most forensic and ballistic specialists declined on the grounds of a conflict of interest when approached because they routinely performed such work for law enforcement officials.
Other evidence
According to
Angela Davis
Angela Yvonne Davis (born January 26, 1944) is an American Marxist and feminist political activist, philosopher, academic, and author. She is Distinguished Professor Emerita of Feminist Studies and History of Consciousness at the University of ...
,
neutron activation analysis
Neutron activation analysis (NAA) is a nuclear reaction, nuclear process used for determining the concentrations of chemical element, elements in many materials. NAA allows discrete Sampling (statistics), sampling of elements as it disregards the ...
that was administered after the shootout showed no gunpowder residue on Shakur's fingers and forensic analysis performed at the
Trenton, New Jersey
Trenton is the List of capitals in the United States, capital city of the U.S. state of New Jersey and the county seat of Mercer County, New Jersey, Mercer County. It was the federal capital, capital of the United States from November 1 until D ...
crime lab and the FBI crime labs in Washington, D.C., did not find her fingerprints on any weapon at the scene. According to tape recordings and police reports made several hours after the shoot-out, when Harper returned on foot to the administration building 200 yards (183 m) away, he did not report Foerster's presence at the scene; no one at headquarters knew of Foerster's involvement in the shoot-out until his body was discovered beside his patrol car, more than an hour later.Howell, Ron (October 11, 1987) "On the Run With Assata Shakur" ''
Newsday
''Newsday'' is a daily newspaper in the United States primarily serving Nassau and Suffolk counties on Long Island, although it is also sold throughout the New York metropolitan area. The slogan of the newspaper is "Newsday, Your Eye on LI" ...
''.
Conviction and sentencing
On March 24, the jurors listened for 45 minutes to a rereading of testimony of the State Police chemist regarding the blood found at the scene, on the LeMans, and Shakur's clothing. That night, the second night of jury deliberation, the jury asked Judge Appleby to repeat his instructions regarding the four assault charges 30 minutes before retiring for the night, which led to speculation that the jury had decided in Shakur's favor on the remaining charges, especially the two counts of murder.Sullivan, Joseph E. (March 25, 1977). Chesimard Jury Asks Clarification of Assault Charges , ''The New York Times'', p. 50. Appleby reiterated that the jury must consider separately the four assault charges (atrocious assault and battery, assault on a police officer acting in the line of duty, assault with a deadly weapon, and assault with intent to kill), each of which carried a total maximum penalty of 33 years in prison. The other charges were: first-degree murder (of Foerster), second-degree murder (of Zayd Shakur), illegal possession of a weapon, and armed robbery (related to Foerster's service revolver). The jury also asked Appleby to repeat the definitions of "intent" and "reasonable doubt".
Shakur was convicted on all eight counts: two murder charges and six assault charges. Upon hearing the verdict, Shakur said—in a barely audible voice—"I am ashamed that I have even taken part in this trial", and that the jury was racist and had "convicted a woman with her hands up." When Judge Appleby told the court attendants to "remove the prisoner," Shakur herself replied: "The prisoner will walk away on her own feet." After Joseph W. Lewis, the jury foreman, read the verdict, Kunstler asked that the jury be removed before alleging that one juror had violated the sequestration order (as detailed above).
At the post-trial press conference, Kunstler blamed the verdict on racism, stating that "the white element was there to destroy her". When asked by a reporter why, if that were the case, it took the jury 24 hours to reach a verdict, Kunstler replied, "That was just a pretense." A few minutes later the prosecutor Barone disagreed with Kunstler's assessment saying the trial's outcome was decided "completely on the facts".
At Shakur's sentencing hearing on April 25, Appleby sentenced her to 26 to 33 years in state prison (10 to 12 for the four counts of assault, 12 to 15 for robbery, 2 to 3 for armed robbery, plus 2 to 3 for aiding and abetting the murder of Foerster), to be served consecutively with her mandatory life sentence. However, Appleby dismissed the second-degree murder of Zayd Shakur, as the
New Jersey Supreme Court
The Supreme Court of New Jersey is the supreme court, highest court in the U.S. state of New Jersey. In its current form, the Supreme Court of New Jersey is the final judicial authority on all cases in the state court system, including cases cha ...
had recently narrowed the application of the law.Sullivan, Joseph F. (April 26, 1977). Assault Charges Add 26 Years To Mrs. Chesimard's Life Term , ''The New York Times'', p. 83, column 4. Retrieved on June 16, 2008. Appleby finally sentenced Shakur to 30 days in the Middlesex County Workhouse for contempt of court, concurrent with the other sentences, for refusing to rise when he entered the courtroom. To become eligible for parole, Shakur would have had to serve a minimum of 25 years, which would have included her four years in custody during the trials.
Nelson murder dismissal
In October 1977, New York State Superior Court Justice John Starkey dismissed murder and robbery charges against Shakur related to the death of Richard Nelson during a hold-up of a Brooklyn social club on December 28, 1972, ruling that the state had delayed too long in bringing her to trial. Judge Starkey said, "People have constitutional rights, and you can't shuffle them around."Seigel, Max H. (October 26, 1977). . ''The New York Times'', p. 25, column 5. The case was delayed in being brought to trial as a result of an agreement between the governors of New York and New Jersey as to the priority of the various charges against Shakur. Three other defendants were indicted in relation to the same holdup: Melvin Kearney, who died in 1976 from an eight-floor fall while trying to escape from the Brooklyn House of Detention,
Twymon Myers
Twymon Ford Myers (also spelled Meyers; November 27, 1950 – November 14, 1973) was an American member of the Black Liberation Army who was killed in a shootout with police in November 1973. Myers, described as a "leading member" of the BLA, had ...
, who was killed by police while a fugitive, and Andrew Jackson, the charges against whom were dismissed when two prosecution witnesses could not identify him in a lineup.
Attempted robbery dismissal
On November 22, 1977, Shakur pleaded not guilty to an attempted armed robbery indictment stemming from the 1971 incident at the Statler Hilton Hotel.''Chicago Tribune'' (November 24, 1977). "Black lib army 'chief' denies 1971 robbery", p. C23. Shakur was accused of attempting to rob a Michigan man staying at the hotel of $250 of cash and personal property. The prosecutor was C. Richard Gibbons. The charges were dismissed without trial.
Burlington County, New Jersey
Burlington County is a county in the South Jersey region of the U.S. state of New Jersey. The county is the largest by land area in New Jersey and ranks second behind neighboring Ocean County in total area. Its county seat is Mount Holly.< ...
, and later moved to Rikers Island Correctional Institution for Women in New York City where she was kept in solitary confinementMuhammad, Nisa Islam (May 16, 2005), Assata: The stakes are raised . ''Final Call News''. Retrieved on May 9, 2008.''The New York Times'' (April 12, 1977), "Suit Seeks Transfer For Mrs. Chesimard", p. 71, column 2. for 21 months. Shakur's only daughter, Kakuya Shakur, was conceived during her trial and born on September 11, 1974, in the "fortified psychiatric ward" at Elmhurst General Hospital in Queens, where Shakur stayed for a few days before being returned to Rikers Island. In her autobiography, Shakur claims that she was beaten and restrained by several large female officers after refusing a medical exam from a prison doctor shortly after giving birth. After a bomb threat was made against Judge Appleby, Sheriff Joseph DeMarino lied to the press about the exact date of her transfer to Clinton Correctional Facility for Women; he later claimed the threat to be the cause of his falsification. She was also transferred from the Clinton Correctional Facility for Women to a special area staffed by women guards at the Garden State Youth Correctional Facility, where she was the only female inmate, for "security reasons".Waggoner, Walter H. (April 8, 1977), Trenton Topics; Court Absolves Felons in Killings Of Accomplices by Their Victims" ''The New York Times'', Section 2, p. 13, column 4. When Kunstler first took on Shakur's case (before meeting her), he described her basement cell as "adequate", which nearly resulted in his dismissal as her attorney.Kunstler, 1994, p. 276. On May 6, 1977, Judge Clarkson Fisher, of the
United States District Court for the District of New Jersey
The United States District Court for the District of New Jersey (in case citations, D.N.J.) is a federal court in the United States Court of Appeals for the Third Circuit, Third Circuit (except for patent claims and claims against the U.S. gover ...
, denied Shakur's request for an injunction requiring her transfer from the all-male facility to Clinton Correctional Facility for Women; the Third Circuit affirmed.
On April 8, 1978, Shakur was transferred to
Alderson Federal Prison Camp
The Federal Prison Camp, Alderson (FPC Alderson) is a minimum-security United States federal prison Incarceration of women in the United States, for female inmates in West Virginia. It is operated by the Federal Bureau of Prisons, a division of ...
in
Alderson, West Virginia
Alderson is a town in Greenbrier County, Greenbrier and Monroe County, West Virginia, Monroe counties in the U.S. state of West Virginia, on both sides of the Greenbrier River. The population was 975 at the 2020 census.
History
Alderson is a c ...
, where she met Puerto Rican nationalist Lolita Lebrón and Mary Alice, a Catholic nun, who introduced Shakur to the concept of liberation theology.Scheffler, 2002, p. 206. At Alderson, Shakur was housed in the Maximum Security Unit, which also contained several members of the Aryan Sisterhood as well as Sandra Good and Lynette Fromme, followers of
Charles Manson
Charles Milles Manson (; November 12, 1934 – November 19, 2017) was an American criminal, cult leader, and musician who led the Manson Family, a cult based in California in the late 1960s and early 1970s. Some cult members committed a Manson ...
.
On February 20, 1979, after the Maximum Security Unit at Alderson was closed, Shakur was transferred to the Clinton Correctional Facility for Women in New Jersey. According to her attorney Lennox Hinds, Shakur "understates the awfulness of the condition in which she was incarcerated", which included vaginal and anal searches. Hinds argues that "in the history of New Jersey, no woman pretrial detainee or prisoner has ever been treated as she was, continuously confined in a men's prison, under twenty-four-hour surveillance of her most intimate functions, without intellectual sustenance, adequate medical attention, and exercise, and without the company of other women for all the years she was in custody".Browder, 2006, p. 159.
Shakur was identified as a political prisoner as early as October 8, 1973, by Angela Davis, and in an April 3, 1977, ''The New York Times'' advertisement purchased by the ''Easter Coalition for Human Rights''. An international panel of seven jurists were invited by Hinds to tour a number of U.S. prisons, and concluded in a report filed with the
United Nations Commission on Human Rights
The United Nations Commission on Human Rights (UNCHR) was a functional commission within the United Nations System, overall framework of the United Nations from 1946 until it was replaced by the United Nations Human Rights Council in 2006. It was a ...
that the conditions of her solitary confinement were "totally unbefitting any prisoner". Their investigation, which focused on alleged human rights abuses of political prisoners, cited Shakur as "one of the worst cases" of such abuses and including her in "a class of victims of FBI misconduct through the
COINTELPRO
COINTELPRO (a syllabic abbreviation derived from Counter Intelligence Program) was a series of covert and illegal projects conducted between 1956 and 1971 by the United States Federal Bureau of Investigation (FBI) aimed at surveilling, infiltr ...
strategy and other forms of illegal government conduct who as political activists have been selectively targeted for provocation, false arrests, entrapment, fabrication of evidence, and spurious criminal prosecutions".
Amnesty International
Amnesty International (also referred to as Amnesty or AI) is an international non-governmental organization focused on human rights, with its headquarters in the United Kingdom. The organization says that it has more than ten million members a ...
, however, did not regard Shakur as a former political prisoner.Friedly, Jock (January 13, 1999), "Waters seeks asylum for cop killer", ''The Hill'', p. 1.
Escape
In early 1979, "the Family", a group of BLA members, began to plan Shakur's escape from prison. They financed this by stealing $105,000 from a Bamberger's store in Paramus, New Jersey. On November 2, 1979, Shakur escaped the Clinton Correctional Facility for Women in New Jersey when three members of the Black Liberation Army visiting her drew concealed .45-caliber pistols and a stick of dynamite, seized two correction officers as hostages, commandeered a van and (with the assistance of members of the
May 19 Communist Organization
The May 19th Communist Organization (also variously referred to as the May 19 Coalition, May 19 Communist Coalition or M19CO) was a US-based far-left group formed by members of the Weather Underground Organization. The group was originally know ...
) made their escape.Hanley, Robert (November 3, 1979). Miss Chesimard Flees Jersey Prison, Helped By 3 Armed 'Visitors' " ''The New York Times''. Retrieved on October 19, 2007. No one was injured during the prison break, including the officers held as hostages who were left in a parking lot. According to later court testimony, Shakur lived in Pittsburgh until August 1980, when she flew to the Bahamas.Mutulu Shakur,
Silvia Baraldini
Silvia Baraldini (December 12, 1947) is an Italian political activist and criminal. From the age of 12, she lived in the United States and became a student radical. She joined the Prairie Fire Organizing Committee and the May 19th Communist Org ...
, Sekou Odinga, and Marilyn Buck were charged with assisting in her escape; Ronald Boyd Hill was also held on charges related to the escape.Jones, 1998, p. 425. In part for his role in the event, Mutulu was named on July 23, 1982, as the 380th addition to the FBI's Ten Most Wanted Fugitives list, where he remained for the next four years until his capture in 1986. State correction officials disclosed in November 1979 that they had not run identity checks on Shakur's visitors and that the three men and one woman who assisted in her escape had presented false identification to enter the prison's visitor room, before which they were not searched. Mutulu Shakur and Marilyn Buck were convicted in 1988 of several robberies as well as the prison escape.
At the time of the escape, Kunstler had just started to prepare her appeal. After her escape, Shakur lived as a fugitive for several years. The FBI circulated wanted posters throughout the New York–New Jersey area; her supporters hung "Assata Shakur is Welcome Here" posters in response. In New York, three days after her escape, more than 5,000 demonstrators organized by the National Black Human Rights Coalition carried signs with the same slogan. At the rally, a statement from Shakur was circulated condemning U.S. prison conditions and calling for an independent "New Afrikan" state.
For years after Shakur's escape, the movements, activities and phone calls of her friends and relatives—including her daughter walking to school in upper Manhattan—were monitored by investigators in an attempt to ascertain her whereabouts.Sterling, Guy, and Forero, Juan (May 7, 1998), "On the lam, Chesimard is hardly on her own". ''The Star-Ledger'', p. 31. In July 1980, FBI director William H. Webster said that the search for Shakur had been frustrated by residents' refusal to cooperate, and a ''New York Times'' editorial opined that the department's commitment to "enforce the law with vigor—but also with sensitivity for civil rights and civil liberties" had been "clouded" by an "apparently crude sweep" through a Harlem building in search of Shakur.''The New York Times'' Editorial Board (July 2, 1980), A Cloud Over the New F.B.I. " Retrieved on July 2, 2008. In particular, one pre-dawn April 20, 1980, raid on 92 Morningside Avenue, during which FBI agents armed with shotguns and machine guns broke down doors and searched through the building for several hours while preventing residents from leaving, was seen by residents as having "racist overtones". In October 1980, New Jersey and New York City Police denied published reports that they had declined to raid a
Bedford–Stuyvesant, Brooklyn
Bedford–Stuyvesant ( ), colloquially known as Bed–Stuy, is a neighborhood in the northern section of the New York City borough of Brooklyn. Bedford–Stuyvesant is bordered by Flushing Avenue to the north (bordering Williamsburg), Classon ...
building where Shakur was suspected to be hiding for fear of provoking a racial incident. Since her escape, Shakur has been charged with unlawful flight to avoid imprisonment.
Political asylum in Cuba
Shakur was in Cuba by 1984; in that year she was granted political asylum there. The Cuban government paid approximately $13 a day toward her living expenses.Davison, Phil (May 2, 1998). Cuba's American refugees , ''The Independent'' (London), p. 13 In 1985, her daughter, Kakuya, who had been raised by Shakur's mother in New York, came to live with her. In 1987 her presence in Cuba became widely known when she agreed to be interviewed by ''
Newsday
''Newsday'' is a daily newspaper in the United States primarily serving Nassau and Suffolk counties on Long Island, although it is also sold throughout the New York metropolitan area. The slogan of the newspaper is "Newsday, Your Eye on LI" ...
''.
In an open letter, Shakur said Cuba was "One of the Largest, Most Resistant and Most Courageous ''Palenques'' ( Maroon Camps) that has ever existed on the Face of this Planet". She said
Fidel Castro
Fidel Alejandro Castro Ruz (13 August 1926 – 25 November 2016) was a Cuban politician and revolutionary who was the leader of Cuba from 1959 to 2008, serving as the prime minister of Cuba from 1959 to 1976 and President of Cuba, president ...
was a "hero of the oppressed" and referred to herself as a "20th century escaped slave".Rodriguez, 2006, p. 64. Shakur is also known to have worked as an English-language editor for
Radio Havana Cuba
Radio Havana Cuba (, RHC) is the official government-run international broadcasting station of Cuba. It can be heard in many parts of the world, including the United States, on shortwave frequencies. Radio Havana Cuba, along with Radio Rebelde, C ...
.
Books
In 1987 she published '' Assata: An Autobiography'', which was written in Cuba. Her autobiography has been cited in relation to
critical legal studies
Critical legal (CLS) is a school of critical theory that developed in the United States during the 1970s.Alan Hunt, "The Theory of Critical Legal Studies," Oxford Journal of Legal Studies, Vol. 6, No. 1 (1986): 1-45, esp. 1, 5. Se DOI, 10.1093/ojl ...
and
critical race theory
Critical race theory (CRT) is an academic field focused on the relationships between Social constructionism, social conceptions of Race and ethnicity in the United States census, race and ethnicity, Law in the United States, social and political ...
. The book does not give a detailed account of her involvement in the BLA or the events on the New Jersey Turnpike, except to say that the jury " nvicted a woman with her hands up!" It gives an account of her life beginning with her youth in the
South
South is one of the cardinal directions or compass points. The direction is the opposite of north and is perpendicular to both west and east.
Etymology
The word ''south'' comes from Old English ''sūþ'', from earlier Proto-Germanic ''*sunþa ...
and New York. Shakur challenges traditional styles of literary autobiography and offers a perspective on her life that is not easily accessible to the public. The book was published by Lawrence Hill & Company in the United States and Canada but the copyright is held by
Zed Books
Zed Books is a non-fiction publishing company based in London, UK. It was founded in 1977 under the name Zed Press by Roger van Zwanenberg.
Zed publishes books for an international audience of both general and academic readers, covering areas ...
Ltd. of London due to "Son of Sam" laws, which restrict who can receive profits from a book.Ravo, Nick (October 13, 1987). Officials Can't Confirm Chesimard Is in Havana , ''The New York Times'', Section B; Page 3, Column 5. In the six months preceding the publications of the book, Evelyn Williams, Shakur's aunt and attorney, made several trips to Cuba and served as a go-between with Hill.McQuiston, John T. (October 12, 1987). , ''The New York Times'', Section A; Page 1, Column 1. Retrieved on June 1, 2008. Her autobiography was republished in Britain in 2014 and a dramatized version performed on
BBC Radio 4
BBC Radio 4 is a British national radio station owned and operated by the BBC. The station replaced the BBC Home Service on 30 September 1967 and broadcasts a wide variety of spoken-word programmes from the BBC's headquarters at Broadcasti ...
in July 2017.
In 1993 she published a second book, ''Still Black, Still Strong'', with Dhoruba bin Wahad and
Mumia Abu-Jamal
Mumia Abu-Jamal (born Wesley Cook; April 24, 1954) is an American political activist and journalist who was convicted of murder and sentenced to death in 1982 for the 1981 murder of Philadelphia Police Department, Philadelphia police officer C ...
.
In 2005
SUNY Press
The State University of New York Press (more commonly referred to as the SUNY Press) is a university press affiliated with the State University of New York system. The press, which was founded in 1966, is located in Albany, New York and publishe ...
released ''The New Abolitionists'' ''(Neo)Slave Narratives and Contemporary Prison Writings,'' edited and with an added introduction by Joy James, in which Shakur's ''Women in Prison: How We Are 1978'' is featured.
Extradition attempts
In 1997 Carl Williams, the superintendent of the New Jersey State Police, wrote a letter to
Pope John Paul II
Pope John Paul II (born Karol Józef Wojtyła; 18 May 19202 April 2005) was head of the Catholic Church and sovereign of the Vatican City State from 16 October 1978 until Death and funeral of Pope John Paul II, his death in 2005.
In his you ...
asking him to raise the issue of Shakur's
extradition
In an extradition, one Jurisdiction (area), jurisdiction delivers a person Suspect, accused or Conviction, convicted of committing a crime in another jurisdiction, into the custody of the other's law enforcement. It is a cooperative law enforc ...
during his talks with President
Fidel Castro
Fidel Alejandro Castro Ruz (13 August 1926 – 25 November 2016) was a Cuban politician and revolutionary who was the leader of Cuba from 1959 to 2008, serving as the prime minister of Cuba from 1959 to 1976 and President of Cuba, president ...
. During the pope's visit to Cuba in 1998, Shakur agreed to an interview with
NBC
The National Broadcasting Company (NBC) is an American commercial broadcast television and radio network serving as the flagship property of the NBC Entertainment division of NBCUniversal, a subsidiary of Comcast. It is one of NBCUniversal's ...
journalist Ralph Penza.Shakur, Assata. NBC Television Network Mistorts Facts . The Talking Drum Collective, p. 2. Retrieved on May 9, 2008. Shakur later published an extensive criticism of the NBC segment, which inter-spliced footage of Trooper Foerster's grieving widow with an FBI photo connected to a bank robbery of which Shakur had been acquitted. On March 10, 1998 New Jersey Governor
Christine Todd Whitman
Christine Temple Whitman (; born September 26, 1946) is an American politician and author who served as the 50th governor of New Jersey from 1994 to 2001 and as Administrator of the Environmental Protection Agency under President George W. Bush ...
asked U.S. Attorney General
Janet Reno
Janet Wood Reno (July 21, 1938 – November 7, 2016) was an American lawyer and public official who served as the 78th United States Attorney General, United States attorney general from 1993 to 2001 under President Bill Clinton. A member of ...
to do whatever it would take to return Shakur from Cuba. Later in 1998, U.S. media widely reported claims that the
United States State Department
The United States Department of State (DOS), or simply the State Department, is an executive department of the U.S. federal government responsible for the country's foreign policy and relations. Equivalent to the ministry of foreign affairs o ...
had offered to lift the Cuban embargo in exchange for the return of 90 U.S. fugitives, including Shakur.
The
United States Congress
The United States Congress is the legislature, legislative branch of the federal government of the United States. It is a Bicameralism, bicameral legislature, including a Lower house, lower body, the United States House of Representatives, ...
passed a non-binding resolution in September 1998, asking Cuba for the return of Shakur as well as 90 fugitives believed by Congress to be residing in Cuba; House Concurrent Resolution 254 passed 371–0 in the House and by unanimous consent in the Senate. The Resolution was due in no small part to the lobbying efforts of Governor Whitman and New Jersey Representative Bob Franks.Rodriguez, 2006, p. 63. Before the passage of the Resolution, Franks stated: "This escaped murderer now lives a comfortable life in Cuba and has launched a public relations campaign in which she attempts to portray herself as an innocent victim rather than a cold-blooded murderer."
In an open letter to Castro, chair of the
Congressional Black Caucus
The Congressional Black Caucus (CBC) is made up of Black members of the United States Congress. Representative Yvette Clarke from New York, the current chairperson, succeeded Steven Horsford from Nevada in 2025. Although most members belong ...
Representative Maxine Waters of California later said that many members of the Caucus (including herself) were against Shakur's extradition and had mistakenly voted for the bill, which was placed on the accelerated suspension calendar, generally reserved for non-controversial legislation.Waters, Maxine (September 29, 1998). Congresswoman Waters issues statement on U.S. Freedom Fighter Assata Shakur . HYPE Information Service. Retrieved on May 9, 2008. In the letter, Waters explained her opposition, calling
COINTELPRO
COINTELPRO (a syllabic abbreviation derived from Counter Intelligence Program) was a series of covert and illegal projects conducted between 1956 and 1971 by the United States Federal Bureau of Investigation (FBI) aimed at surveilling, infiltr ...
"illegal, clandestine political persecution."
On May 2, 2005, the 32nd anniversary of the Turnpike shootings, the FBI classified her as a domestic terrorist, increasing the reward for assistance in her capture to $1 million,Cleaver, Kathleen (2005). The Fugitive: Why has the FBI placed a million-dollar bounty on Assata Shakur? . The Talking Drum Collective. Retrieved on May 9, 2008. the largest reward placed on an individual in the history of New Jersey. New Jersey State Police superintendent Rick Fuentes said "she is now 120 pounds of money."Williams, Houston (May 2, 2005), U.S. Government Declares $2 Million Bounty For Assata Shakur, Tupac's Godmother /ref> The bounty announcement reportedly caused Shakur to "drop out of sight" after having previously lived relatively openly (including having her home telephone number listed in her local telephone directory).
New York City Councilman Charles Barron, a former Black Panther, has called for the bounty to be rescinded. The New Jersey State Police and Federal Bureau of Investigation each still have an agent officially assigned to her case. Calls for Shakur's extradition increased following Fidel Castro's 2006–2008 transfer of presidential duties; in a May 2005 television address, Castro had called Shakur a victim of racial persecution, saying "They wanted to portray her as a terrorist, something that was an injustice, a brutality, an infamous lie." In 2013, the FBI announced it had added Shakur to its list of 'Most Wanted Terrorists', the first time that a woman was so designated. The reward for her capture and return was also doubled to $2 million.
In June 2017, President
Donald Trump
Donald John Trump (born June 14, 1946) is an American politician, media personality, and businessman who is the 47th president of the United States. A member of the Republican Party (United States), Republican Party, he served as the 45 ...
gave a speech "cancelling" the Cuban thaw policies of his predecessor
Barack Obama
Barack Hussein Obama II (born August 4, 1961) is an American politician who was the 44th president of the United States from 2009 to 2017. A member of the Democratic Party, he was the first African American president in American history. O ...
. A condition of making a new deal between the United States and Cuba is the release of political prisoners and the return of fugitives from justice. Trump specifically called for the return of "the cop-killer Joanne Chesimard".
Cultural influence
A documentary film about Shakur, '' Eyes of The Rainbow'', written and directed by Cuban filmmaker
Gloria Rolando
Gloria Victoria Rolando Casamayor, known as Gloria Rolando (born 4 April 1953), AfroCubaWeb. is a
< ...
, appeared in 1997. The official premiere of the film in
Havana
Havana (; ) is the capital and largest city of Cuba. The heart of La Habana Province, Havana is the country's main port and commercial center.Casa de las Américas, the main cultural forum of the Cuban government.Wilfredo, Cancio Isla (December 18, 2007). U.S. fugitive a hero to Fidel, but a curiosity to many . McClatchy Newspapers via ''Houston Chronicle''. ''The Miami Herald'' published this article as "Fugitive a curiosity in Cuba". '' Assata aka Joanne Chesimard'' is a 2008 biographical film directed by Fred Baker. The film premiered at the San Diego Black Film Festival and starred Assata Shakur herself. The National Conference of Black Lawyers and
Mos Def
Yasiin Bey ( ; born Dante Terrell Smith; December 11, 1973), formerly known as Mos Def ( ), is an American rapper, singer, and actor. A prominent figure in conscious hip hop, he is recognized for his use of wordplay and commentary on social an ...
are among the professional organizations and entertainers to support Assata Shakur; the "Hands Off Assata" campaign is organized by Dream Hampton.
Numerous musicians have composed and recorded songs about her or dedicated to her:
*
Common
Common may refer to:
As an Irish surname, it is anglicised from Irish Gaelic surname Ó Comáin.
Places
* Common, a townland in County Tyrone, Northern Ireland
* Boston Common, a central public park in Boston, Massachusetts
* Cambridge Com ...
recorded "A Song for Assata" on his album '' Like Water for Chocolate'' (2000) after traveling to Havana to meet with Shakur personally.
*
Nas
Nas (born 1973) is the stage name of American rapper Nasir Jones.
Nas, NaS, or NAS may also refer to:
Aviation
* Nasair, a low-cost airline carrier and subsidiary based in Eritrea
* National Air Services, an airline in Saudi Arabia
** Nas Air (S ...
listed her name in the booklet of his album '' Untitled,'' among important black figures who inspired the album.
*
Paris
Paris () is the Capital city, capital and List of communes in France with over 20,000 inhabitants, largest city of France. With an estimated population of 2,048,472 residents in January 2025 in an area of more than , Paris is the List of ci ...
Public Enemy
Public Enemy is an American Hip-hop, hip hop group formed in Roosevelt, New York, in 1985 by Chuck D and Flavor Flav. The group rose to prominence for their political messages including subjects such as Racism in the United States, American r ...
("Rebel Without A Pause" in ''
It Takes a Nation of Millions to Hold Us Back
''It Takes a Nation of Millions to Hold Us Back'' is the second studio album by American Hip hop music, hip hop group Public Enemy, released on June 28, 1988, by Def Jam Recordings and Columbia Records. It was recorded from 1987 to 1988 in sessio ...
'', 1988)
*
2Pac
Tupac Amaru Shakur (; born Lesane Parish Crooks; June 16, 1971 – September 13, 1996), also known by his stage names 2Pac and Makaveli, was an American rapper and actor, regarded as one of the greatest and most influential rappers of all tim ...
("Words of Wisdom" in ''
2Pacalypse Now
''2Pacalypse Now'' is the debut solo studio album by American rapper 2Pac. It was released on November 12, 1991, through TNT Recordings and Interscope Records, while EastWest Records America, a division of Atlantic distributed the album. The recor ...
,'' 1991)
*
Digital Underground
Digital Underground is an American alternative hip hop group from Oakland, California. Its lineup grows with each album and tour.
Digital Underground's leader and mainstay was Gregory "Shock G" Jacobs (also known as Humpty Hump). Shock G forme ...
The Roots
The Roots are an American Hip-hop, hip hop band formed in 1987 by singer Black Thought, Tariq "Black Thought" Trotter and drummer Questlove, Ahmir "Questlove" Thompson in Philadelphia, Pennsylvania. The Roots serve as the house band on NBC's ''T ...
("The Adventures in Wonderland" in ''
Illadelph Halflife
''Illadelph Halflife'' is the third studio album by American Hip hop music, hip hop band the Roots, released September 24, 1996, on DGC Records, DGC and Geffen Records. It features a tougher and broader sound than their previous album, ''Do You Wa ...
'', 1996)
*
Piebald
A piebald or pied animal is one that has a pattern of unpigmented spots (white) on a pigmented background of hair, feathers or scales. Thus a piebald black and white dog is a black dog with white spots. The animal's skin under the white backg ...
("If Marcus Garvey Dies, Then Marcus Garvey Lives" in ''If It Weren't for Venetian Blinds, It Would Be Curtains for Us All'', 1999)
* Asian Dub Foundation ("Committed to Life" in '' Community Music'', 2000)
*
Saul Williams
Saul Stacey Williams (born February 29, 1972) is an American rapper, singer, songwriter, musician, poet, writer, and actor. He is known for his blend of poetry and alternative hip hop, and for his lead roles in the 1998 independent film ''Slam ( ...
("Black Stacey" in ''
Saul Williams
Saul Stacey Williams (born February 29, 1972) is an American rapper, singer, songwriter, musician, poet, writer, and actor. He is known for his blend of poetry and alternative hip hop, and for his lead roles in the 1998 independent film ''Slam ( ...
'', 2004)
* Rebel Diaz ("Which Side Are You On?" in ''Otro Guerrillero Mixtape Vol. 2'', 2008)
*
Lowkey
Kareem Dennis (born 23 May 1986), better known by his stage name Lowkey, is a British rapper and activist from London. He first became known through a series of mixtapes he released before he was 18, before taking a hiatus from the music busi ...
("Something Wonderful" in ''
Soundtrack to the Struggle
''Soundtrack to the Struggle'' is the second studio album by British rapper Lowkey. It was released on 16 October 2011 independently on the Lowkey-founded label Mesopotamia Music. It is the follow-up to his 2008 album '' Dear Listener''. Four ...
'', 2011)
*
Dead Prez
Dead Prez (stylized in lowercase) is an American hip hop duo composed of M-1 and stic.man, formed in 1996 in New York City. They are known for their confrontational style, combined with lyrics focused on both militant social justice, self-de ...
Jay Z
Shawn Corey Carter (born December 4, 1969), known professionally as Jay-Z, is an American rapper, businessman, and record executive. Rooted in East Coast hip-hop, he was named the greatest rapper of all time by ''Billboard'' and '' Vibe'' i ...
("Open Letter Part II" in 2013)
Digable Planets, The Underachievers and X-Clan have also recorded songs about Shakur. Shakur has been described as a "rap music legend"Allen-Mills, Tony (May 27, 2007). "Bounty hunt for US cop killer on Cuba", ''The Sunday Times'', p. 27. and a "minor cause celebre".
On December 12, 2006, the Chancellor of the
City University of New York
The City University of New York (CUNY, pronounced , ) is the Public university, public university system of Education in New York City, New York City. It is the largest urban university system in the United States, comprising 25 campuses: eleven ...
, Matthew Goldstein, directed City College of New York, City College's president, Gregory H. Williams, to remove the "unauthorized and inappropriate" designation of the "Guillermo Morales/Assata Shakur Community and Student Center", which was named by students in 1989. A student group won the right to use the lounge after a campus shutdown over proposed tuition increases. CUNY was sued by student and alumni groups after removing the plaque. As of April 7, 2010, the presiding judge has ruled that the issues of students' free speech and administrators' immunity from suit "deserve a trial".
Following controversy, in 1995, Borough of Manhattan Community College renamed a scholarship that had previously been named for Shakur. In 2008, a Bucknell University professor included Shakur in a course on "African-American heroes"—along with figures such as Harriet Tubman, Sojourner Truth, John Henry (folklore), John Henry, Malcolm X, and
Angela Davis
Angela Yvonne Davis (born January 26, 1944) is an American Marxist and feminist political activist, philosopher, academic, and author. She is Distinguished Professor Emerita of Feminist Studies and History of Consciousness at the University of ...
. Her autobiography is studied together with those of Angela Davis and Elaine Brown, the only women activists of the Black Power movement who have published book-length autobiographies.
Rutgers University
Rutgers University ( ), officially Rutgers, The State University of New Jersey, is a Public university, public land-grant research university consisting of three campuses in New Jersey. Chartered in 1766, Rutgers was originally called Queen's C ...
professor H. Bruce Franklin, who excerpts Shakur's book in a class on "Crime and Punishment in American Literature," describes her as a "revolutionary fighter against imperialism."Hepp, Rick (October 31, 2004). "Chesimard still stirs admiration and scorn," ''The Star-Ledger'', p. 23.
Black NJ State Trooper Anthony Reed (who has left the force) sued the police force because, among other things, persons had hung posters of Shakur, altered to include Reed's badge number, in a Newark barracks. He felt it was intended to insult him, as she had killed an officer, and that the act was "racist in nature". According to academic Dylan Rodriguez, to many "U.S. radicals and revolutionaries" Shakur represents a "venerated (if sometimes fetishized) signification of liberatory desire and possibility".
The largely Internet-based "Hands Off Assata!" campaign is coordinated by Chicago-area Black Radical Congress activists.
In 2015, New Jersey's Kean University dropped hip-hop artist
Common
Common may refer to:
As an Irish surname, it is anglicised from Irish Gaelic surname Ó Comáin.
Places
* Common, a townland in County Tyrone, Northern Ireland
* Boston Common, a central public park in Boston, Massachusetts
* Cambridge Com ...
as a commencement speaker because of police complaints. Members of the State Troopers Fraternal Association of New Jersey expressed their anger over Common's "A Song For Assata".
In 2015, Black Lives Matter Global Network Foundation co-founder Alicia Garza writes: "When I use Assata's powerful demand in my organizing work, I always begin by sharing where it comes from, sharing about Assata's significance to the Black Liberation Movement, what its political purpose and message is, and why it's important in our context."
The Chicago Black activist group Assata's Daughters is named in her honor. In April 2017, former San Francisco 49ers quarterback Colin Kaepernick's foundation donated $25,000 to the group.
In July 2017, the 2017 Women's March, Women's March official Twitter feed celebrated Shakur's birthday, leading to criticism from some media outlets.
In April 2018, a North Carolina court ordered that payment of $15,000 be made to Shakur's representative, her sister Beverly Goins, as part of a land deal.
See also
* List of fugitives from justice who disappeared
Notes
References
Sources
*
* Bryan Burrough, Burrough, Bryan. .
*Christol, Helene. Gysin, Fritz, and Mulvey, Christopher (eds.). (2001). "Militant Autobiography: The Case of Assata Shakur," in ''Black Liberation in the Americas''. LIT Verlag Berlin-Hamburg-Münster. .
*Ward Churchill, Churchill, Ward and James Vander Wall. (2002). ''The COINTELPRO Papers, The Cointelpro papers: documents from the FBI's secret wars against dissent in the United States''. South End Press. .
*Kathleen Neal Cleaver, Cleaver, Kathleen, and Katsiaficas, George N. (2001). ''Liberation, Imagination, and the Black Panther Party: A New Look at the Panthers and Their Legacy''. Routledge. .
*James, Joy (2003). ''Imprisoned Intellectuals: America's Political Prisoners Write on Life, Liberation, and Rebellion''. Rowman & Littlefield. .
*Jones, Charles Earl (1998). ''The Black Panther Party (Reconsidered)''. Black Classic Press. .
*William Kunstler, Kunstler, William Moses. (1994). ''My Life as a Radical Lawyer''. Secaucus, New Jersey: Birch Lane Press. .
*Perkins, Margo V. (2000). ''Autobiography as Activism: Three Black Women of the Sixties'' Univ. Press of Mississippi .
*Rodriguez, Dylan (2006). ''Forced Passages: Imprisoned Radical Intellectuals and the U.S. Prison Regime''. University of Minnesota Press. .
*Scheffler, Judith A. (2002). ''Wall Tappings: An International Anthology of Women's Prison Writings, 200 to the Present''. Feminist Press. .
*Shakur, Assata (1987). ''Assata: An Autobiography''. Chicago: Lawrence Hill Books. . New edition released in November 1999.
*Tomlinson, Gerald (1994). ''Murdered in Jersey''. Rutgers University Press. .
*Williams, Evelyn (1993). ''Inadmissible Evidence: The Story of the African-American Trial Lawyer Who Defended the Black Liberation Army''. Brooklyn, N.Y.: Lawrence Hill Books. .
Further reading
* Belton, Brian A. (2007). ''Assata Shakur: A Voice from the Palenques'' in ''Black Routes: Legacy of African Diaspora''. Hansib Publications Ltd. .
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* [https://web.archive.org/web/20080222203358/http://www.handsoffassata.net/ ''The Eyes Of The Rainbow'' documentary]
Immoral Bounty for Assata by Michael Ratner, ''Covert Action Quarterly'', October 27, 1998
Most Wanted Terrorists: JOANNE DEBORAH CHESIMARD - Federal Bureau of Investigation
{{DEFAULTSORT:Shakur, Assata
1947 births
Living people
Activists from New York (state)
African-American communists
African-American Marxists
American escapees
American exiles
American expatriates in Cuba
American female murderers
American people convicted of assault
American people convicted of murdering police officers
American prisoners sentenced to life imprisonment
American robbers
American shooting survivors
American women autobiographers
American autobiographers
Black Power
Borough of Manhattan Community College alumni
City College of New York alumni
COINTELPRO targets
Communist women writers
Escapees from New Jersey detention
FBI Most Wanted Terrorists
Fugitives wanted by the United States
Fugitives wanted on murder charges
Members of the Black Liberation Army
Members of the Black Panther Party
People convicted of murder by New Jersey
Prisoners sentenced to life imprisonment by New Jersey
Shakur family
Writers from Queens, New York