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HOW LONG WILL JUSTICE BE DENIED FOR FAISON?
THE PEOPLE'S ORGANIZATION FOR PROGRESS QUESTIONS THE POSTPONEMENT OF THE SENTENCING OF THE POLICE OFFICERS FOUND GUILTY IN THE CASE OF POLICE BRUTALITY VICTIM EARL FAISON WHICH WAS SUPPOSED TO HAPPEN MONDAY, DECEMBER 2, 2002 AND DEMANDS
AN EXPLANATION FROM THE COURT. CALLS FOR THEIR IMMEDIATE SENTENCING.
(Statement by Lawrence Hamm, Chairman, People's Organization For Progress)
On Monday, December 2, 2002 the five Orange, New Jersey police officers found guilty of conspiracy and violating the civil rights of police brutality victim Earl Faison, who died after being beaten and tortured by them, were supposed to have been sentenced for their crimes in a U. S. federal district court in Newark. However, their sentencing has been postponed until next year.
The sentencing of the officers, who had been found guilty on all counts by a unanimous jury in the U. S. federal district court of Judge John C. Lifland two years ago, had been scheduled on that date for weeks. Then suddenly the sentencing was postponed.
The People's Organization For Progress and many people in our community are outraged over the length of time it is taking to sentence these officers and carry out justice in this case. We believe that the community is owed an explanation by the court as to why the sentencing of the officers was postponed.
Earl Faison died more than three years ago on April 11, 1999 after being beaten and tortured by these men and no one has been to jail yet. It took more than a year for them to be indicted, and another six months for them to be tried and found guilty. Two years have passed and they haven't even been sentenced. This is a disgrace.
How long will justice be delayed in this case? The beating and torture of Earl Faison, which led to his death, was a heinous and despicable act. There is no doubt as to the guilt of the perpetrators of that crime. They were found guilty not only in federal district court, but their guilty verdicts were upheld in a federal appeals court.
That being the case, then why is it taking so long for them to be sentenced? The average citizen, particularly if he or she were African-American or Latino, accused, tried and convicted of a similar crime would not be afforded such generosity by the courts. That person would probably have been found guilty of murder, not civil rights violations.
Condell Woodson convicted for the murder of Joyce Ann Carnegie, the Orange, New Jersey police officer whose death precipitated the manhunt which lead to the death of Mr. Faison, was tried, found guilty, sentenced to life without the possibility of parole and put in jail within weeks. He is already in the third year of his sentence for that crime.
The manner in which this case is being handled makes a mockery of the justice system and the principles of trial by jury and equality before the law. It is an affront to the family of the victim which has been seeking justice for so long. What it does clearly show is that there are two systems of justice in this country, one for the police and one for the rest of us.
This postponement is reminiscent of the announcement of Judge Lifland's decision eighteen months ago to overturn the jury's guilty verdicts on the conspiracy charges. It was done in the evening after the courts were technically closed. A year later, this decision by Judge Lifland was reversed by the U. S. Third Circuit Court of Appeals.
It also brings to mind the fact that Earl Faison is dead and yet no one was charged with murder or even assault. The attorney general's office of the state of New Jersey closed its investigation without bringing any criminal charges relating to the death of Mr. Faison. Such decisions bolster the lack of confidence of many people in the criminal justice system.
This latest action is giving rise to suspicions that some kind of deal is being worked out to get these criminals lighter sentences than they deserve. Some think that the deal may have already been worked out and that these delays are part of a strategy designed to give the community time to cool off so that when the deal is announced the outrage won't be as great.
If anyone in the criminal justice system who is involved with this case thinks this then they are mistaken. Our desire for justice will not wane. It will only grow stronger.
Another line of thinking is that their lawyers are preparing further legal maneuvers that may keep them out of jail for years to come. Several lawyers for those found guilty announced that they would appeal the case all the way to the U. S. Supreme Court.
Whatever the case or whatever the reasons justice delayed in this case is justice denied. No more delays! We demand justice now for Earl Faison and his family.
At the federal level, we demand the immediate sentencing of those found guilty of conspiracy and civil rights violations in this case. We demand sentences and penalties commensurate with the crimes they have committed. Furthermore, we demand that the state of New Jersey reopen the criminal investigation.
POP asks that people support these demands in letters to Judge Lifland, the U. S. Attorney, and the state attorney general. We also ask that community, religious, and political leaders support these demands publicly and make their voices heard on this matter. Let us remain vigilant until justice is finally achieved.
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The People's Organization For Progress is a grassroots community group based in Newark, New Jersey working for racial, social, and economic justice. It has engaged in various activities to end police brutality and racial profiling, and has been active around the case of Earl Faison since April, 1999.
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"If there is No Struggle, There is No Progress," Frederick Douglass