by Alton H. Maddox, Jr.
Within forty-eight hours after Tawana Brawley, who was fifteen years-old, had been found in Dutchess County, NY in a garbage disposal with her body smeared with feces and racial epithets written on it, she was meeting with representatives from federal, state and local law enforcement agencies at her home in Wappingers Falls, NY.
By this time, hospital officials had removed all trace evidence from her body. No pictures were taken of the racial epithets that had been written on it or the burned clothing on her body. An arson investigator from the Dutchess County district attorney’s office, who worked under ADA Steven Pagones, had seized and wrongfully disposed of the rape kit. Tawana had said “white cop” at the hospital in Poughkeepsie, NY.
The meeting with law enforcement officials happened on the Monday after Tawana was found. The NAACP was also present. Both the meeting and the fruits of the meeting were suppressed by law enforcement officials. Later, Robert Abrams, the state attorney general, and other law enforcement officials, would accuse Tawana of not cooperating with them even though they had secured a thirteen page statement from her on that Monday.
The NAACP would later take thousands of dollars from the county and say “hear nothing, see nothing and say nothing”. Two officials of the NAACP, Hazel Dukes and Laurel Blackburne, would become attack dogs for law enforcement officials. Among other things and through the white media, they would demand that Alton Maddox be disbarred from the practice of law and buried under the jail.
Within eighteen hours after Tawana and her parents had met with law enforcement officials, Harry Crist, Jr., a “white cop”, had been found dead in his home. The murder suspects are law enforcement officials. Even though law enforcement officials said that it was a “suicide” accompanied with a “love note”, they were aware that the autopsy report had classified his death as a “homicide” and that there was no ballistics report since no gun had been found near his body. The examining pathologist never saw a “love note” and a gun.
No one in law enforcement officially connected Crist’s death with the kidnapping and rape of Tawana Brawley even though the “handwriting was on the wall”. A white mailman connected the dots in January 1988. Since Tawana had just moved to another residence, law enforcement wanted him to connect dots, before the grand jury, only about mail delivery.
Instead, he disclosed that he observed four white men in an old, unmarked, police vehicle at the garbage disposal of her former apartment near the time that Tawana had been found. A later investigation unearthed that Crist owned the police vehicle and that the occupants on this Saturday morning were Crist, Steven Pagones, an assistant district attorney, Scott Patterson, a state trooper, and Eugene Brinson, a public utility worker. They claimed that they were in Darien, CT at a shopping mall doing some “Christmas shopping” but Pagones had no sales receipts.
Dutchess County District Attorney William Grady would write Gov. Mario Cuomo to ask for the appointment of a special prosecutor to conduct the Brawley investigation. There was a conflict of interest in his office. An assistant district attorney, Pagones, who worked in his office, was a prime suspect. Instead of revealing the contents of this letter to the public, Cuomo gave it to New York State Attorney General Robert Abrams to conduct a “hatchet job”. The letter has never been publicized.
Abrams would commence this cover-up on or about February 29, 1988 by announcing that he not only had no suspects but also that Tawana Brawley has refused to meet with law enforcement officials. Moreover, Crist had killed himself according to Abrams. There was also no physical evidence of a rape. He never mentioned the finding of rape by the Westchester County Medical Center on or about December 4, 1987 after Tawana had been correctly examined by a Black gynecologist. Abrams also failed to mention the stolen rape kit.
Cuomo and Abrams would then march out their “leading Blacks and Black selected officials” to condemn Tawana Brawley and to demand the immediate disbarment of Alton Maddox from the practice of law. Later, conduct would reveal that Rev. Al Sharpton was always functioning with a bent towards New York. This was an inside job.
No elected official can ever operate as a special prosecutor. Abrams was an elected official. During the grand jury investigation, Abrams elevated paid witnesses over fact witnesses. These paid witnesses are described as “experts”. The law permits New York to pay “experts”. It may not pay fact witnesses, however. Fact witnesses must tell the truth. Expert witnesses only give opinions. Abrams elevated opinions over the truth.
By elevating these opinions over the truth, Abrams, and not the grand jury, accused Tawana Brawley of having perpetrated a “hoax” and it accused Maddox of having obstructed justice. If the grand jury had made these findings, Tawana would have had to face a juvenile delinquency proceeding and Maddox would have had to face criminal charges. Neither of the above happened.
In April 1988, Abrams ordered Glenda Brawley to appear before a newly-convened grand jury in Dutchess County and give sworn testimony against her daughter, Tawana Brawley. Truth was the only testimony that Glenda could offer in favor of her daughter. By already suppressing the police report of November 30, 1987, New York had demonstrated no interest in the truth.
Glenda refused this invitation. New York responded by “slapping” her with contempt charges. After she had been found guilty of contempt, Abrams gave her a “cooling-off” period. This was enough time for the late Dr. William A. Jones to receive Glenda into sanctuary at Bethany Baptist Church in Brooklyn since there is a “separation of church and state” in this country.
After virtually forty days and nights in sanctuary, Glenda chose to be a fugitive from justice since the “Old Confederacy” would refuse to enforce New York’s fugitive slave laws. She can only be arrested on New York soil. After leaving the historic Bethany Baptist Church in Brooklyn, Atlanta was the first stop on her itinerary.
The longest running drama in state history, aka a “political trial”, was held in Dutchess County Supreme Court from November 1997 to August 1988. Among other things, Justice S. Barrett Hickman ruled that Tawana Brawley could be tried in absentia even though Pagones had failed to secure an order for the appointment of a guardian ad-litem to protect the interest of a “minor” as is required under New York law.
Justice S. Barrett Hickman of Putnam County, NY also instructed the jury, from the outset, that truth could not be employed as a defense in this defamation trial. In short, no Black person has a right to accuse a white person of any crime in New York and no Black person is competent to testify against any white person. Throughout the “political trial”, Justice Hickman would often repeat this jury instruction.
By the time that Abrams made this accusation, Sharpton was already facing federal and state investigations. Moreover, attorney C. Vernon Mason was facing myriad, disciplinary investigations. Mason had already generated enough disciplinary investigations to “choke a horse”. None of these investigations of Sharpton and Mason related to Tawana Brawley.
A grand jury report had been authored by Abrams and not by the grand jury. This is a violation of law and a grand juror submitted an affidavit outlining the limited role of the grand jury in the Brawley investigation. Even though this grand jury report violated New York law and it constituted odious hearsay, Justice Hickman would introduce it against the four defendants. Hearsay is consistent with an untruth.
Before trial, both Pagones’ father and his wife, through newspaper reports, had given Pagones a complete alibi for the four days in question. During the trial, both of them suffered laryngitis. As officers of the court, they are forbidden from giving perjured testimony at a trial. His wife is an attorney and his father is a judge.
Moreover, Pagones’ wife had been given the same sexually-transmitted disease that Tawana had suffered during the kidnapping and rape. Justice Hickman ordered Steve Jackson, the attorney for Mason, into a jail cell for one-night because he highlighted this truth during the trial. Justice Hickman had warned Jackson that truth could not be used during this “political trial”. After the trial, she ended the marriage.
The jury also found that even though Sharpton and Mason may have told the truth, they failed to comply with the requirements of New York Times v. Sullivan, a decision of the U.S. Supreme Court. Dr. Martin L. King, Jr. and others had been successfully sued for defamation in Alabama. The U.S. Supreme Court reversed this decision in New York Times v. Sullivan
With respect to Maddox, the jury found that in making statements against Pagones, Maddox had complied with New York Times v. Sullivan but Justice Hickman found that Maddox had wrongfully accused white men of crimes. This was defamation under New York’s slave code.
Therefore, he was ordered to pay Pagones for all harm done to white men. White supremacy has its own philosophy, logic and ethics. Because of the doctrine of collateral estoppel, only Maddox continues to accuse Pagones of kidnap and rape. Maddox disrespects New York’s slave code.
Justice Hickman found that it was not necessary for Pagones to have applied for or served a guardian-ad-litem with any legal papers since it was wrong for Tawana to have accused any white man of kidnapping and raping her. There was also no need for an inquest as is required by law before New York could allow for a default judgment.
Pagones is now seeking to enforce a bogus judgment in Virginia. This is illegal since a judgment can only be enforced in a sister state when it is shown that New York had jurisdiction over Tawana Brawley. Only service of process gives personal jurisdiction over a defendant in a civil action.
The public records of New York must show an affidavit of service, an order appointing a guardian ad-litem and a decision on the merits and not a default judgment. Pagones can only show a bogus judgment based on the filing of false instruments. Someone should be in handcuffs since there are no public records in New York about Pagones v. Brawley.
Since Pagones was without any public records in New York to invoke Article IV § 1 of the U.S. Constitution, Virginia should have rejected his application outright or, at the very least, required a due process hearing. Virginia did none of the above to comply with the U.S., Constitution.
Instead, it has given Pagones a retirement income of Three Hundred Dollars every two weeks for the rest of Tawana’s life. Virginia has returned Tawana Brawley to slavery. A white man enjoys lifetime income simply because he raped a Black woman. This should be of great concern to the Obama Administration.
So far, no leading Black or a Black selected official will speak out against the re-enslavement of Black people nor will he or she permit any discussion of the plight of Tawana Brawley on any commercial radio or television station in the United States, white supremacists have been given the edge.
Virginia will belatedly allow Tawana Brawley to suffer a belated, kangaroo hearing on July 23, 2013 in Surry, Virginia to legitimize all due process violations. On February 8, 2013, Virginia started to wrongfully allow Pagones to deduct Three Hundred Dollars from her wages every two weeks. This has caused a great, personal hardship and, consistent with slavery, the victim must pay the rapist.
Defendants in the “Central Park 7” were the victims of “stop, frisk, question and arrest”. In this machination, the police seize a “suspect” and later connect the suspect with a crime. This happened to the “Central Park 7”. Now, the future of “stop, frisk, question and arrest”, and not the treatment of the “Central Park 7”, is now on trial in federal court.
The outcome is predictable even though the Fourth Amendment forbids this practice. Under Mayor Michael Bloomberg, “stop, frisk, question and arrest” are still legal in New York. This is the power of a slaveholder. “Stop, frisk, question and arrest” is a “badge of slavery” but lawyers refuse to raise this issue under the Thirteenth Amendment.
Although police officers seized Kevin Richardson, Raymond Santana and Steve Lopez, without a warrant and without probable cause, on or about 11:00 p.m. on April 19, 1989, the bloody body of Patricia Meili was not found until about 1:30 a.m. on April 20, 1989. She was still alive. The police now needed suspects to be matched with the crime. This is how “stop and frisk” works.
The crime scene unit of the New York Police Department took over the investigation. There was a rape kit, photographs of Meili’s body and trace evidence. None of this evidence connected the “Central Park 7” to either the body of Patricia Meili or to any evidence collected in Central Park. DNA also failed to connect any of the defendants to the crime.
This would not pose a problem for the grand jury since its function is to make accusations. Convictions are left to a petit jury. Self-crimination that follows an arrest should not be employed to credit the arrest. This lack of evidence should have been a red flag. The grand jury should have known that these boys were being framed.
Despite this accusation of a “hoax”, in 1988, the petit jury found, in 1988, that Pagones was involved in the kidnapping and rape of Tawana Brawley. New York has elevated the grand jury over the petit jury. Glenda Brawley can still be arrested on New York soil and Maddox is still “barred” from all courtrooms in New York and elsewhere. New York also still refuses to compensate the “Central Park 7.”
Since a prosecutor can indict a ham sandwich, it demonstrates that the grand jury was not given proper, grand jury instructions. If it had, there would have never been any indictments in the “Central Park 7”. This would have forced the New York Police Department to conduct a real criminal investigation which would have eventually led to the arrest of Matias Reyes.
The police had already been on to the “Eastside Slasher” who had already been involved in a practice and pattern of conduct similar to the one which led to and consummated the rape of Patricia Meili. Detective Michael Sheehan encouraged Reyes, on August 5, 1979, to confess to the rape and murder of Lourdes Gonzalez on June 14, 1979.
Although Sheehan was also a detective in the “Central Park 7”, he failed to connect the dots between Reyes and Meili. The NYPD was fully aware of Reyes who was the “Eastside Slasher”. Justice Thomas Galligan of Bronx, NY who had also been illegally assigned to the Central Park Jogger case in Manhattan would also preside over Reyes’ DNA hearing in the murder of Gonzalez.
The Manhattan district attorney’s office decided to go with the “Central Park 7” instead of connecting Meili with the “Eastside Slasher”. When a white woman is raped, justice is served by the lynching or wrongful conviction of any Black person. The more the merrier, however. This has always been the white man’s sense of “justice.”
The purpose of the “right to vote” for Blacks and Latinos is, among other things, to elect public officials who will be fair-minded to them. It is of particular interest that the Manhattan district attorney in 1989 was Robert Morgenthau, a Democrat. Most of the judges and public officials in Manhattan and the Bronx are also Democrats.
Virtually, all Blacks and Latinos are enrolled in the Democratic Party. By enrolling in the Democratic Party, Blacks are doing a disservice to Fannie Lou Hamer, Rosa Parks, Dr. Martin L. King, Jr., Malcolm X, Cong. Adam Clayton Powell, Jr. and Kwame Ture and to all of our ancestors who had opposed slavery and Jim Crow. The Democratic Party favors giving support to the “badge of slavery”. At his death, Cong. Powell was in the process of forming the “People’s Party” in New York.
In the “Central Park 7”, six of the seven Black and Latino youth were wrongfully-convicted. Maddox represented Michael Briscoe. Maddox had charges against Briscoe dismissed for violating the Sixth Amendment. Using Dred Scott as a backdrop, Maddox applied military science, instead of American jurisprudence, in defense of Briscoe to uphold justice.
New York wrongfully classified Tawana Brawley’s claim as a “hoax”. This classification is consistent with the doctrine of “legitimate rape”. “Race matters”. Nonetheless, Maddox successfully urged a petit jury in Jury 1998 to find that Tawana Brawley had not perpetrated a “hoax”. He is still barred from all courtrooms in New York for defending justice.
The white media was acting in concert with law enforcement agencies in Brawley and the “Central Park 7” despite the prohibition of the Sixth Amendment against prejudicial pre-trial publicity. It would have at least helped if the Black community had enjoyed public affairs programming on commercial television stations on Sundays. By not demanding public affairs programming, the Black community facilitated the injustice in the “Central Park 7”. This is also happening in Brawley.
The case of Patricia Meili shows that crime pays. Linda Fairstein has retired from the Manhattan district attorney’s office with a lucrative pension. As a novelist, she has supplemented her pension by raking in millions of dollars with the aid of the white media. Elizabeth Lederer also enjoys a lucrative pension. By hiring Lederer as a law professor, Columbia University has enhanced her income.
On the other hand, the New York Legislature ordered the courts to initiate an investigation of Maddox which would lead to Blacks being denied the right of legal representation and the loss of the license for Maddox to enter courtrooms and practice law. The right of representation weighs more than a license to practice law. This should be the concern of the Black community.
Since 1990, Maddox has had to spend over a million dollars in defense of the Brawley family. The biggest expense was a year-long defamation trial. There have been expenses for disciplinary hearings and litigation in the federal courts. None of these expenses relate to the maintenance of the United African Movement and none of these expenses relate to his involvement in other public and community affairs.
By 1990, Maddox had become the best litigators in the United States. The Washington Post described him as “Mr. Civil Rights in the Courtroom” on the Mother’s Day 1987. In 1991, the American Bar Association considered Maddox as one of this country’s best litigator despite the fact that New York had barred him from the courtroom.
It is a conservative estimate to say that Maddox could have easily earned over five million dollars annually, as an attorney, since 1990. Prosecutors from the attorney general’s office of New York State have fought for Pagones. Prosecutors for the Manhattan district attorney’s office have fought for Meili. Maddox and Brawley have had to fend for themselves. This is called “taxation without representation”.
While Maddox headed the NCBL Juvenile Defense Project, he sued New York in 1982 for failure to allow juvenile offenders to receive a college education. He won. All members of the “Central Park 7” were prosecuted as juvenile offenders. All five of those who went to trial would attend college. Yusef Salaam, Kevin Richardson and Raymond Santana received associate degrees while in prison.
In 1995, Gov. George Pataki would ban all prison inmates from attending college. No Black or Latino selected official would oppose Pataki’s scam which affected mostly Black and Latino inmates. In 1988, all selected officials would call for Maddox’s disbarment. No one will credit Maddox with having made it possible for juvenile offenders to attend college in New York from 1982 to 1995.
The following is a wise saying of Confucius, a Chinese philosopher: “The beginning of wisdom is calling things by their right names”. Blacks confuse leading Blacks with Black leaders and Black selected officials with Black elected officials. It is like confusing a Judas goat with a Black shepherd.
It has always been the history of whites to immediately avenge the rape of a white woman by either lynching any Black male or Latino male or a combination of both. This practice continues after the ratification of the Fourteenth Amendment. It is called lynching. This term is in Black’s Law Dictionary but as a half-truth.
When nine Blacks were accused of raping two white women near Scottsboro, Alabama, it would not take twenty-four hours for every white man in Alabama and Tennessee to be “on the ready”. This list would include judges, lawyers, politicians, businessmen, blue-collar workers and white trash. To a man, whites honor “white ethics”.
Today, whites have “standing armies” and they employ a military tactic called “stop and frisk”. This tactic was in full use in New York City on April 19, 1989. Several members of the “Central Park 7” had already been arrested before members of New York City’s standing army knew of the condition of Patricia Meili. The criminal charges against them would arise out of “stop and frisk” and not probable cause.
When whites called the roll at the arraignment of the “Central Park 7”, I was the only person who showed up to “fight fire with fire”. This is a tactic that is known to all whites. I was condemned for using it in a court of law. This is a tactic that can save Black lives. It did save one life in the “Central Park 7”.
Because of public safety measures, the New York Legislature ordered the New York State attorney general and the Appellate Division, Second Judicial Department to “ban” me on May 21, 1990 from appearing in all courtrooms. Blacks would call it a disbarment even though it is clearly unlawful under the U.S. Constitution as a fruit of a bill of attainder. In any event, I am still a lawyer. See NY Judiciary Law § 90. Today is the twenty-third anniversary of New York barring me from all courtrooms. Whites still view me as a racial arsonist.
A year and nearly three months earlier, New York had already banned me from representing Tawana Brawley even though no one had sued her and no juvenile nor criminal charges had been proffered against her. Since Tawana had moved to Virginia by July 1988, New York did not have jurisdiction over her in any civil matter pertaining to Pagones or otherwise. She was still under eighteen years of age. No guardian ad litem was ever appointed to represent her.
In order for Virginia to act lawfully today, there has to be a valid judgment from New York which Virginia will honor under the Full Faith and Credit Clause of the U.S. Constitution or Tawana would have had to be a defendant in a Virginia court. Neither of the above has happened. The Full Faith and Credit Clause requires New York to produce its records and judgments. New York has no record and no judgment to show Virginia.
This past Saturday, a Virginia sheriff has started a search or a “manhunt” for her. The event in Paterson, NJ for her and her mother, Glenda Brawley-King, was a success and it has angered whites across this land. The sheriff is acting extra-judicially. Nothing ever changes but the date on the calendar.
Law enforcement agencies have put out the bloodhounds. Whites see Tawana Brawley and Assata Shakur in the same vein. They both attacked white law enforcement officers. Assata is accused of taking the life of a “white cop”. Tawana is accused of destroying the reputation of a “white prosecutor”. This accusation is equivalent to treason.
Instincts never tell a lie. Until the World Court recently shamed the United States, it was a capital offense for any Black person to have killed a white person or to have raped a white woman. The United States had to have finally admitted that this practice was racially odious. Whites had been operating on instincts.
Instinctively, no white leader would pick and choose between racially-odious incidents. The rape of a fifteen year-old Black girl is as serious as the state-sponsored assassination of a Black youth in the Bronx. Both families would be welcomed at the headquarters of a valid “civil rights organization”. The Brawleys are not welcomed in Harlem.
When an alleged, civil rights organization elevates the state-sponsored murder of a Black male over the rape of a Black female by white men, something is wrong with this picture and it requires an investigation into the possibility that the police is operating a” civil rights” front in the Black community with “snitching and entrapment” operating at full throttle.
If this scenario were happening in the white community, there would already be at least one hundred million “hits” on the Internet from this article. Unless, Blacks are asleep at the switch, there should at least be ten million hits on the Internet about Tawana Brawley. Whites operate on instincts. Unfortunately, most Blacks operate on fear.
Too honest for the White Press and too black for much of today’s Black Press; bullet columnist Alton Maddox upsets the same people and status quo as he did as an uncompromising Defense Attorney. He is also a founding member of the Freedom Party. Please support the movement to Reinstate him. Contact him at c/o UAM P.O. BOX 35 BRONX, NY 10471