Howard Guidry perseveres after legal setback

July 17—“Before I even got to the courtroom today, I was strip-searched twice in a matter of minutes, attacked by a four-man swat team who forced me onto the floor of my cell with knees in my back and on my neck and threatened to Taser me,” an angry Howard Guidry told Workers World today.

Howard Guidry

“Because I was shackled with my legs twisted and handcuffed with my arms twisted behind my back, they had to dress me,” he continued. “Then they told me to put on my shoes, but I couldn’t move my feet as the shackles were too tight. I was told I didn’t need shoes. I went to court barefooted, without my glasses, without my legal papers and wearing no underwear or undershirt—only the neon yellow shirt and pants.

“I couldn’t even see my supporters in the courtroom.”

From left, Sister Sandi, aka The Water Poet, and anti-death penalty activists Njeri Shakur, Regina Schmahl, Liz Lyon and Gloria Rubac gather in front of the Pyramid Shop in Houston as the Evening of Solidarity with Howard Guidry begins. WW photo: Lucha Rodriguez

Today was supposed to be a new beginning for Guidry in court. But after the degrading and brutal treatment, there was a legal setback in court. Both of the pretrial motions his defense attorneys filed were denied.

To make matters worse, his lead attorney—Alvin Nunnery, who had been on the case for more than 10 years—had to withdraw as his lawyer in order to be able testify about a conversation he had with a witness.

Death-penalty abolitionist Njeri Shakur announced today: “We are planning a demonstration outside the county jail to protest the racist treatment of Guidry. It is an outrage that this innocent brother was mistreated by the sick people running the jail. Then they take him to court barefooted and virtually blind. The Ken Lays and Jeff Skillings don’t go to court without shoes and underwear. Neither should our sisters and brothers.”

Guidry was arrested in 1995 when he was 18 years old. He reports that cops lied to him, telling him they were going to put him on the fast track for an execution if he didn’t confess to a murder he knew nothing about.

Racist injustice

After assaulting him with the white supremacist “n” word, explaining how lethal injections worked and berating Gui dry for hours—all the while denying him his right to contact his attorney—the teenager was finally tricked into signing a confession. The police told him that his lawyer had told him to sign it.

Guidry was convicted of capital murder based on that coerced confession.

In 2003, a federal district judge threw out the confession and hearsay testimony that was used to convict Guidry. The judge ordered the Houston trial court to release Guidry or retry him within 180 days.

The state appealed the ruling, but the Fifth Circuit upheld the order to release or retry Guidry. And in March this year, after the Supreme Court refused to review the case—essentially allowing the original federal district judge’s decision to stand—the Houston trial court had 180 days to release or retry the prisoner, and Guidry was moved off of death row.

Howard Guidry thought that finally his decade of racist injustice was coming to an end. Then he appeared in court today.

“Going into court I had little faith that justice would be served. I was cautiously optimistic, but knew our motions could be denied, even though there were no legal grounds for doing so,” Guidry explained.

“I was already in a foul mood going into the courtroom after the degrading treatment this morning, so it wasn’t such a shock when the judge denied both motions. Beyond that the only disappointing point for me was having lost my attorney, Alvin. He’s been involved for ten years. I got lucky when he was originally appointed for me,” Guidry said.

“This battle is a small setback, but the war is just beginning. I appreciate all the support from the Houston community and know we will prevail,” Guidry concluded.

‘My struggle is far from over’

On the eve of his court appearance, July 16, an “Evening of Solidarity with Howard Guidry” brought out a crowd of activists and supporters to hear Guidry’s death row poetry, meet his friends and get to know the person who had been railroaded to death row as a very young man.

Gathered on benches and chairs in the backyard oasis of The Pyramid Shop in the Third Ward of Houston, a multi-national crowd of activists listened to Njeri Shakur speak of Howard Guidry, her friend and comrade.

“Howard was so courageous on death row that he inspired many young men to study revolutionary politics and stand up for their rights,” Shakur stressed. “He helped form the group Panthers United for Revolutionary Education. He and Kamau Wilkerson took a guard hostage in 2000 to call attention to the horrific conditions in their new super-max prison that were driving the men to lose their minds. They did this not to hurt anyone, but because of their love for their fellow prisoners.”

Liz Lyon, a young college student from New Jersey who came to Houston to work against the death penalty for the summer, has gotten to know Guidry through many visits to the county jail. She gave a rundown of Howard’s legal situation, and her poem about her new friendship with Guidry touched everyone.

Abolitionist Regina Schmahl read Howard’s own words of greetings to the crowd: “The struggle for my freedom is far from over. The stakes are high for the state of Texas. My release would be a glaring representation of a system long broke and irreparable. Too many people have already been executed for crimes they did not commit. Other innocent people are sitting on death row awaiting execution right now.

“We are fathers and brothers and sons, mothers and sisters and daughters. Many are waiting, following cases like mine and praying for a victory. If I win, a moratorium for everyone gains a little more momentum. We are literally in a constant race with death,” Guidry wrote to his supporters.

Texas has two executions scheduled this week, including Mauriceo Brown. “We must not stop our work,” Angie Agapetus explained. She said Mauriceo Brown’s mother “is devastated. The judge denied DNA testing. I have space in my car for two more people to go to Huntsville Wednes day to protest his execution,” she said about her friend.

Brother Kenya Shabazz, from The Pyramid Shop, played revolutionary music and drums and provided background for the highlight of the evening—Guidry’s poetry read by two popular Houston poets, Sister Sandria, aka The Water Poet, and Brother Zin.

People in the audience left for home with their spirits visibly lifted by the warmth and camaraderie of the evening and vowed to continue the struggle to free Guidry.

“By the time they finished with their dramatic interpretation and rendition, everyone present felt as if they knew a little of Howard’s soul,” said Lucha Rodríguez.

“I didn’t know a lot about Howard when I got here tonight, but now I am ready to stand up for him,” agreed Tony Evans.

“The same oppressors that brought citizens from Africa and sold them and lynched them are the same oppressors executing poor people today. Howard’s poetry is beautiful. We need to get it published and distributed out here. People need to read it and see who is inside the walls,” Lenwood Johnson, longtime activist, concluded.

Solidarity messages can be sent to: Howard Guidry SPN # 01446317, Harris County Jail, 701 N. San Jacinto St., Houston, TX 77002 or email to [email protected]. For more information see: www.geocities.com/howardguidryjusticecomm.