Bear Lincoln case: Prosecution or persecution?
By Tahnee Stair
San Francisco
On Jan. 2, a Mendocino County judge in Ukiah,
Calif., ordered Eugene "Bear" Lincoln to be retried on
manslaughter charges-even though a jury acquitted Lincoln last
September of murder in the deaths of Leonard "Acorn" Peters and
Sheriff's Deputy Robert Davis.
Peters and Davis were killed in a police ambush on the Round
Valley Indian Reservation in 1995. Davis was a Mendocino County
sheriff's deputy and Peters was a friend of Lincoln's who lived
on the reservation.
Struggle won't stop
Before the Jan. 2 hearing began, 100 people gathered in the
rain outside the courthouse to protest against the continued
persecution of Lincoln.
Standing under umbrellas, demonstrators raised signs and
banners aloft. Many motorists passing by honked and shouted in
support.
Cora Lee Simmons of Round Valley Indians for Justice spoke
of heightened police harassment and brutality in Mendocino
County, especially toward young Native men. She urged Bear
Lincoln's supporters to continue their hard work to keep him
free, and to keep fighting against pervasive anti-Indian
racism.
Richard Becker of the National People's Campaign, which
mobilized many of those attending today's rally, called the
Bear Lincoln case "part of the ongoing racist persecution of
Indian people in Northern California and across this
country."
Linda McClure of the Lincoln/Peters Defense Alliance read
letters from around the world to Mendocino County District
Attorney Susan Massini. The letters urged her not to retry
Lincoln, warning that "the world is watching."
Cyndi Pickett, Acorn Peters' domestic partner, demanded the
"Mendocino County sheriffs be put on trial for the ambush and
murder of Peters."
The demonstration closed with a Native drumming ceremony as
protesters entered the courthouse.
Five jurors from the September trial who have since become
activists with the Lincoln/Peters Defense Alliance sat in the
front of the courtroom behind the defense table. Nine of the 12
jurors in that trial-along with more than 1,000 other Mendocino
County residents-had signed a letter calling on Massini not to
retry Lincoln.
Massini complained in her argument: "Today great numbers of
people gathered on the footsteps of the courthouse in favor of
the defense ... with TV cameras. ... It's going out all over
the world-the country and world-that violations of Native
American rights have taken place in this case. ... We are
receiving letters from around the world concerning this
case."
In the first trial, Lincoln was acquitted of six murder
charges. On charges of voluntary and involuntary manslaughter,
the jury was hung 10 to two in favor of acquittal.
Defense lawyers at the Jan. 2 hearing moved to dismiss the
manslaughter charges, saying a retrial would violate Lincoln's
constitutional rights by subjecting him to double jeopardy.
Judge John Golden denied the defense motion and ordered that
Lincoln stand trial again on the two manslaughter counts.
Lincoln's supporters were solemn but by no means
disheartened as news of the decision spread. Most attended an
organizing meeting immediately after the hearing.
Bear Lincoln and supporters of Native rights vow to heighten
their efforts to expose the county sheriff's racist
brutality-and to keep Lincoln free.
The retrial begins March 2. Already the community is
planning action to show the overwhelming and growing support
for Bear Lincoln.
Supporters are asked to continue sending messages opposing
the retrial to District Attorney Susan Massini, Mendocino
County Courthouse, Ukiah, CA 95482. Send copies to the
Lincoln/Peters Defense Alliance, 108 W. Standley, Ukiah, CA
95482.
This article is copyright under a Creative
Commons License.
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