Two of Somerville 5 receive verdicts

On June 17, after six days of trial, the jury in the case of two of the Somerville 5 returned its verdict. Part of the verdict acknowledged that Calvin Belfon Jr. and Isiah Anderson had the right to defend themselves and others against a brutal racist police attack.

Isiah Anderson and Calvin Belfon at a March 25 benefit concert for their case. WW photo: Liz Green

Belfon and Anderson, along with Earl Guerra, Marquis Anderson and Cassius Belfon—all Black teenagers ranging in age from 15 to 18—were beaten, clubbed and maced on April 20, 2005, by white police officers in Medford, Mass. The youths, who came to be known as the Somerville 5, were student-athletes at Somerville High School at the time.

The five were at a carnival when a Med ford cop approached Calvin Belfon, made a remark, punched him twice in the face and kneed him in the groin. He defended himself by punching the officer back.

Several cops then jumped on Calvin Belfon and began clubbing and beating him. When Isiah Anderson tried to intervene to help his friend, the cops attacked and beat him along with the other youth. Anderson defended himself and also came to the defense of the others.

All five were arrested. Calvin Belfon was charged with seven counts, including charges of assault and battery on a police officer and on a public employee (the police) and with a dangerous weapon, along with resisting arrest and disorderly conduct. Anderson was charged with 11 counts of similar charges.

The jurors were in their early 20s and all white except for one Black woman. They found Calvin Belfon not guilty of five of the assault and battery charges. But the jury found him guilty of one count of disorderly conduct and one count of resisting arrest.

The jury found Anderson not guilty of seven of the 11 charges, including assault and battery on a police officer and with a deadly weapon. But they found him guilty of two counts of assault and battery on a public employee—which is a lesser misdemeanor than assault on a police officer—and on one count each of disorderly conduct and resisting arrest. All the guilty charges are misdemeanors.

The defendants’ law yers based their case on a Massa chusetts law that states in part: “Where [a police] officer uses excessive or unnecessary force to subdue the arrestee, regard less of whether the arrest is lawful or unlawful, the arrestee may defend himself by employ ing such force as reasonably appears to be necessary.” Commonwealth v. Moreira, 388 Mass. 596, 601 (1983).

Calvin Belfon Sr. said: “The fact that the jury found them not guilty on most charges shows that Calvin and Isiah spoke the truth and were heard and understood by the jury. I want to thank the community for their support, for coming every day to the trial. It made a big difference. The trial showed that the youth are not what the cops made them out to be. These young men have a future and goals and a direction. But it is not over yet, we must still keep on fighting.”

Elizabeth Belfon, Calvin’s mother, told Workers World: “The jury ruling proves that Calvin and Isiah were innocent all along. I think that all the charges should have been thrown out. Why is Isiah being charged with anything? Isiah is a hero. He came to the defense of the other youth who were being beaten. He helped save my son. He did what not a lot of adults would even do.”

She continued: “It sends a message to other youth that they need to stand up for their rights. They need to know that they can go to an organization like the Com mittee to Defend the Somerville 5 and the Women’s Fightback Network and not have to give themselves over to the prosecutor. Young people need to know that they can defend themselves if they are being racially profiled or brutalized by the police.”

Tony Van Der Meer, co-chair of the Boston Rosa Parks Human Rights Day Committee, told WW: “Justice is not what someone gives us, it is something that we must demand and take. The case of the Somerville 5 speaks to the need for having a real ‘jury by your peers’ trial. Eleven whites and one Black female is clearly not a jury of one’s peers, especially when the case is about racial profiling and police brutality in the city of Medford where the police have a reported reputation for lawlessness.

“The truth of the matter is that the defendants are heroes for defending their First Amendment rights and their right to self-defense in the wake of excessive force by racist cops. The defendants are young men who are studious and active. They had no guns, knives, drugs, etc. Yet they stood up for their rights and were convicted. They at least know that if the police who are supposed to ‘serve and protect’ fail, as usual, in doing so, but instead become the victimizer, then we all have no other choice but to protect and defend ourselves-like the survivors in New Orleans where the government left the people there to die,” Van Der Meer concluded.

Bob Traynham of the Committee said: “There were supporters, Black and white, in the courtroom every day. On the final day we had more than 40 people in the courtroom from many organizations. We feel that the community support was decisive in the outcome of this case.”

Supporters are being asked to pack the court again on June 29 for the sentencing hearing. Supporters are also urged to write letters of support for Calvin Belfon and Isiah Anderson and send them to: Judge Janet L. Sanders, Cambridge Dis trict Court, 40 Thorndike St, Cambridge, MA 02141.

The trial for the remaining three youths is scheduled to begin in September.