freeman drum

:: freeman  noun

1. a person not in slavery or serfdom
2. one who possesses the rights or privileges of a citizen

:: Drumbeat

February 22 - Plea Agreement & March 7th Release

Following a plea agreement approved by all parties in a Chicago courtroom on Friday, February 22, Gary Freeman will serve an additional 30 days in custody at Cook County Jail, followed by two years' probation, and will donate $250,000 to the Hundred Club of Cook County, which helps provide for the surviving spouses and dependents of law enforcement officers, firefighters and paramedics who lose their lives in the line of duty.

Gary is scheduled to be released from Cook County Jail on Friday, March 7th. Arrangements are being made to have him serve the probation period in Washington, DC, where he has family, relatives, and friends.

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January 21, 2008 - Returning to Chicago

The day Dr. Martin Luther King Jr. was assassinated was easily the worse day of my life. After attending my classes at Howard University, I was in the home of a classmate and close friend listening to some of her mother's jazz albums when the news burst from the television.

We both sat shocked, speechless, semi-paralyzed, and unable to do anything except watch the TV. Major cities quickly became engulfed in the flames of despair and Washington joined them. It was something I never could have imagined happening. But then, someone killing the world's foremost prophet and disciple of non-violence was also something I would never have imagined.

Later that year, when I came through Chicago, one of the first things I heard about was Dr. King's march through the area a few years earlier. He had come to focus attention on the plight of African Americans who were ravaged by poverty and inequality in housing opportunity.

The magnitude and ferocity of the hate directed at Dr. King and his fellow marchers was shocking. It moved Dr. King to remark that he had never been to such a hate-filled place.

When Dr. King was assassinated and parts of black Chicago joined in the flames of despair, the Mayor of Chicago issued instructions that suspected looters and arsonists should be shot on sight. He later rescinded the order but the mere fact the Mayor possessed the idea of suspending due process and engaging in summary executions on the streets of an American city spoke volumes about an ugly reality.

But a lot has happened in the world and America since then to move humanity in the direction of fulfilling Dr. King's dream.

Apartheid in South Africa ended not with a military victory but with the victory of the democratic process and the commitment of both sides to engage in a process of peace, truth and reconciliation.

The Troubles in Northern Ireland have ended, not with military victory but with the victory of non-violent conflict resolution and the engagement of the democratic process.

The US Congress apologized in Senate Resolution 39 for not doing anything to stop the terrible crime against humanity known as lynching. And last year, a bi-racial, bi-partisan group of American legislators put forward the End Racial Profiling Act of 2007 to put a stop to that crime against humanity.

Meanwhile, the current Mayor of Chicago and the Democratic Party establishment have endorsed an African American man to be the next president of the United States of America. Underpinning that endorsement rests a city that deeply desires to make a clean break with the past and to create the kind of society Dr. King dreamed of.

I cannot ignore what is taking place. Nor do I want to. I desire to be part of what must be acknowledged as a defining moment in history. Ultimately, I know I have a responsibility to help create one nation out of a fractured past.

My extradition fight has been first and foremost directed towards having some truth revealed about many things, perhaps most importantly an extradition process that remains a rubber stamp that denies fundamental human rights. To that extent, it has succeeded. A continuation of a legal battle in Canada would aim to get the courts to acknowledge the truth and then to act accordingly. But our efforts thus far, and those of others in a similar situation, tell us that this isn't likely to happen.

Instead, I have decided to abandon my Supreme Court challenge of the Ontario Court of Appeals decision. I will be returning to Chicago and will be incarcerated at the Cook County Jail until such time as we reach a final determination through the judicial process.

In the meantime, I look forward to what I hope will be a dialogue to achieve a resolution in my 39 year old case, one that is grounded in the spirit of peaceful conflict resolution.

Clearly it is time to make the much needed clean break with the past and look to the future with eyes on the prize while clasping the hands of those who have formerly been adversaries. If it can be done in South Africa and Northern Ireland, if Israel and the Palestinians can sit down and talk, certainly the opposing sides in this 39 year old case can engage in a dialogue of resolution if for no other reason than to allow for the healing of two families.

I have learned how much I and my family are loved and respected. Your support has been an immeasurable gift. The past four years have interrupted one of the most important parts of my family's life: community involvement. After this episode is over, I certainly intend to return to the community and engage in public works for the public good for the rest of my life.

Above all, we must remember the words of Dr. Martin Luther King Jr., "Everybody can be great because everybody can serve".

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December 28 - Obama and the Disappearance of Race

Black?!
If you're black, get back.
If you're brown, stick around.
If you're white, you're alright.
At least, so goes a familiar ditty.

Sadly, we are still talking about "race" in the 21st century. Oddly, there are those who would say that the only black presidential hopeful for 2008 who certainly looks black, isn't. Which raises the interesting question regarding what advice he would receive from the he-ain't-black-enough crowd? Well, he's not alright 'cause he ain't white. If he ain't black, he can't get back. And not being brown, he can't stick around. Perhaps they'd like for him to get out of town; town being the presidential race for 2008.

Do they suppose he's not black enough to run for the presidency? Or is it that he's not black enough to be the first black president? History has taught us that one cannot be too white to run for the presidency. Nor has a white candidate ever been deemed not white enough to be a white president. Yet, perversely, a recent white president has been widely and approvingly lauded as being the first black president.

Isn't this all so silly? Of course it is. But race in America is silly. If only racial matters in America were simply harmless manifestations of silliness. But race in America is dangerous. Race has murdered. Race has oppressed. Race has been what is defective in American democracy from the Declaration of Independence to the present. It's been like a deadly viral infection that has always been curable if properly treated. But no one in a position of executive power or authority has had the desire, the guts or the wherewithal to treat the American socio-political body and cure it of the scourge.

That could well be changing. And no one of sound mind and heart would deny that it must change. The agent of change will be the skinny black kid of multiethnic parentage who grew up to be a wise and experienced junior Senator from Illinois. History will record that he is only the third black American elected to the Senate since reconstruction. However, he has been described by Salon.com's Debra Dickerson as not black "in our political and social reality". Is she referring to America?

With all due respects to Ms. Dickerson, she's confused. Probably many are. She wants us to define "black" as those "descended from West African slaves". Such criteria are not social nor political, but legal; and strictly speaking, legal in the context of determining the monetary value and possible recipients of dispensations due to a successful reparations suit. Ultimately, that may require resolving by modern DNA tests; something that would make the Founding Fathers go cross-eyed and drive the originators of the one-drop rule into insane asylums once they realized that everybody, all of us, came out of - oops - Africa.

The one-drop rule was America's social and political reality. It was divining rod "scientific". It used only the observation and conjecture aspects of the scientific method to arrive at conclusions that proved the sum total of hate plus ignorance equals destruction.

Black, in our social and political reality means anyone who would have been declared black by the one-drop rule. By that measure, the Queen of England is black. There are those (excluding the Queen's Ethiopian ancestor) who would find that notion ridiculous, even offensive. But "race" is ridiculous and offensive. There is absolutely nothing wrong with the idea that the longest reigning monarch is a strong black woman. (Please chuckle here!)

There is certainly nothing wrong with the idea that the next president of the United States could well be a black man.

What this really means is that America is finally ready to cast off its shackles of ignorance and hate, and to step firmly into the future where the only race that matters is the human race. President Obama will take you there.

The dream of America and the reality of America have always been in conflict.

The first time the dream challenged the reality was during reconstruction. The promise of reconstruction was that race would not matter in the economic political and legal reality of America. That promise was not allowed to develop because the reality of hate and ignorance produced the destructiveness of the KKK and other repulsive features of American Apartheid.

The Civil Rights Movement represented the second great attempt to supplant the racial vulgarity of the American reality with the humanity of the American promise. It almost worked. President Lyndon B Johnson signed the 1964 Civil Rights Bill. He also signed the 1965 Voting Rights Act. As a result, Richard Hatcher became the first black mayor of a significant American city - Gary Indiana - since Reconstruction. And since then African Americans have enjoyed unprecedented opportunities and achievements in some important spheres of American life.

But still African Americans are not equal partners in the construction of the American dream. Race is the culprit.

President Obama will end America's racial suffering and bridge the gap between the reality of America and the dream of America. America senses this. America is right.

President Obama reminds me of Sidney Poitier's character confronting his father in that classic scene from Guess Who's Coming to Dinner. "You think of yourself", he said to his father, "as a coloured man. I think of myself as a man". By virtue of his innate desire to be a man, President Obama will compel everyone to consider his and their humanness. He does this effortlessly.

If he has not pronounced on some of the issues the African American community is expecting of a black candidate for the presidency, perhaps it is well to remember that the ultimate aim of any freedom struggle is to deliver the oppressed into the bosom of the human family. No other candidate can do that.

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November 16 - Ontario Court of Appeal Delivers Decision

The Ontairo Court of Appeal has dismissed the appeal of committal for extradition and the application for judicial review of the order for surrender.

See the full text of the decision. [pdf]

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October 8 - Letter of Support from South African Parliamentarian

Yousuf Gabru, Deputy Speaker of the Western Cape Provincial Parliament in South Africa and member of the African National Congress, writes to the Canadian Minister of Justice in support of Gary Freeman: "...I implore you to carefully consider Mr. Freeman's case, it definitely requires further investigation, and it is imperative that Mr. Freeman receives a fair hearing before the Canadian State decides to proceed with this matter."

See the full text of the letter. [pdf]

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September 21 - Hearing of Appeal and Review

In the appeal of the order of committal issued by Justice Watt (November 25, 2005) lawyer John Norris presented a panel of three Judges with a cogent argument that a recent Supreme Court of Canada ruling (United States v. Ferras) should be seen to have a significant impact on this case. The ruling states that "The judge must act as a judge, not a rubber stamp."

Also, "…the person sought for extradition may challenge the sufficiency of the case. An extradition judge must look at the whole of the evidence and, if it fails to disclose a case on which a jury could convict or it is so defective that it would be dangerous or unsafe to convict, the test for committal is not met."

And, "Section 29(1) requires the extradition judge to assess whether the admissible evidence shows the justice or rightness of committing a person to extradition. The evidence must be demonstrably able to be used by a reasonable, properly instructed jury to reach a verdict of guilty such that a case could go to trial in Canada."

Norris argued that the extradition hearings of 2005 did not meet the standard set by the ruling in Ferras. Gary Freeman had not been allowed to properly "challenge the sufficiency of the case." The evidence presented was inadequate, contradictory and, in part, actually no longer available to be examined. The hearings had not determined that there was full disclosure and due diligence in the certification of the evidence.

In the judicial review of the former Minister of Justice's order of surrender for extradition (November 3, 2006), Norris argued that the former Minister had too readily dismissed consideration of the continuing history of racial prejudice in the judicial system in the United States, as well as the unjust and oppressive treatment at the hands of authorities that African-Americans still face while detained. As an example, Norris pointed to the false claim that Gary Freeman had been a member of the Black Panther Party as an attempt to prejudice in the courtroom and the media any proceedings that might take place.

The panel of Judges for the Court of Appeal for Ontario - Marc Rosenberg, Jean MacFarland and Eileen Gillese - reserved judgment. There's no way to predict when the decision will be released. Generally, the Court tries to get decisions out quickly but how soon our decision comes out will depend on several factors, including 1) whether the Court writes a full judgment or simply a brief endorsement, and 2) whether all the judges agree with the result or not.

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September 7 - New Date for Appeal and Review

The Appeal and Judicial Review, previously set for September 13, have had to be pushed forward to Friday, September 21, 9:30am, in Osgoode Hall (130 Queen Street West, between Bay Street and University Avenue).

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September 6 - Freedom for Gary Freeman Vigil

Charles Roach, noted civil rights lawyer and activist, speaks at the Freedom for Gary Freeman Vigil.

[photos by Graeme Bacque]

Also attending were Omar Alghabra, Member of Parliament for Mississauga-Erindale, Phil Taylor, host of CIUT-FM's "The Taylor Report", and Norman Otis Richmond, journalist, radio producer and host of CKLN-FM's "From a Different Perspective" and "Saturday Morning Live".

More on the vigil from Toronto Social Justice Magazine [thanks to John Bonnar].

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September 3 - Freedom for Gary Freeman Vigil

Join Family & Friends of Gary Freeman and No One Is Illegal in a Freedom for Gary Freeman Vigil on Thursday, September 6, 5:30 - 7pm.

Gary Freeman has lived the past 30+ years in Canada. Married to a Canadian, together they have raised a son and three daughters to be respected young adults. A mentor and friend to the young and old, Gary has always promoted social justice and viewed every human being as worthy of respect.

It concerns us that after 35 years, Gary, an African-American man who escaped the U.S. after facing racial persecution, should face return to Chicago at the hands of a police department recently implicated in torture by the infamous Burge report. The report by special Chicago prosecutors belatedly appointed to investigate charges of police torture in the Chicago South Side district confirmed Chicago police tortured and brutalized African-American men for more than 20 years.

Yet, despite the confirmation by internal investigations of horrific atrocities committed against African-American men, none of the police responsible for hundreds of acts of torture will face prosecution for using illegal techniques like electrical shocks to the genitals, Russian roulette, suffocation and mock executions (among others). Prosecutors claim these crimes against humanity cannot be prosecuted because the cases are too old and the statue of limitations has expired. Some of the police officers involved have been promoted and are still with the same Chicago police department.

Yet, Chicago seeks the extradition of Gary Freeman who is a victim of racial and political persecution for an incident which took place in this same South Side district of Chicago in 1969. He has always maintained his innocence, and there is a litany of missing and mishandled evidence. He was a victim of police brutality and he came to Canada because he didn't want to die - he came to Canada to survive. Gary too was a victim of Chicago police brutality and racism in 1969 on the streets of Chicago.

We demand freedom for Gary Freeman!

Freedom for Gary Freeman Vigil flyer

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July 30 - Gary Freeman and Natercia Coelho celebrate 25th Anniversary

Gary Freeman and Natercia Coelho celebrated their 25 years of marriage on Monday, July 30, 2007. This anniversary is an abiding sign of their intense dedication to each other, to their four children, and to the idea of a good family as a foundation for the development of strong character.

Gary and Natercia received a certificate from Omar Alghabra, their local Member of Parliament (Mississauga-Erindale), congratulating them on this special occasion.

25th Anniversary Certificate

They also received a letter from The Right Honourable Stephen Harper, Prime Minister of Canada, noting the anniversary: "This is a very special milestone in your lifetime commitment to each other, and I am honoured to join with your family and friends in recognizing this happy occasion."

25th Anniversary Letter

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June 25 - New date set for Appeal and Judicial Review

The Appeal and Judicial Review, originally set for July 6, have had to be delayed. The new date set is September 13, 2007.

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March 25 - Date set for Appeal and Judicial Review

July 6, 2007, at 10:30am, is the date set for the appeal of the Judge's order of committal and the judicial review of the former Minister of Justice's decision to sign the order of surrender for extraditon.

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"Blue Cage at Midnight"

A book of poetry by Gary Freeman

Foreword by: Governor General Awardee, George Elliott Clarke
“Mr Freeman’s poetry is spiky, tough, explosive...
he is a master of the parable and the aphorism”

Available from:

A Different Booklist

e-mail: info@adifferentbooklist.com

416-538-0889

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• :: See the Report of the Special State's Attorney appointed to investigate allegations of torture by police officers under the command of Jon Burge at Area 2 and Area 3 Headquarters in the city of Chicago during the period from 1973 to the early 1990s.
  
• :: Read the letter to Minister of Justice Vic Toews from Member of Parliament Olivia Chow.
  
• :: Download and listen to the interview with Stan Willis.
  
• :: Member of Parliament Colleen Beaumier writes a letter to Minister of Justice Vic Toews.
  
• :: Read the letter to Minister of Justice Vic Toews from Member of Parliament Alan Tonks.
  
• :: Member of Parliament Bill Siksay writes a letter to Minister of Justice Vic Toews.
  
• :: Read the letter to Minister of Justice Vic Toews from Member of Parliament Omar Alghabra.
  
• :: See Gary Freeman's letter of thanks to his friends and supporters.
  
• :: Read "A New May Day" for the Universal Declaration of Human Rights.
  
• :: Celebrate Black History Month 2006 by Keeping Gary Freeman in Canada!
  
• :: Sign our petition to Canada's Minister of Justice!
  

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previous >>

:: "Every human life is precious. Stop the violence!"

Gary Freeman - responding to more news reports of guns and violence on the streets of Toronto.

:: Human rights & extradition in Canada

From the Canadian Human Rights Commission web site:

A Home Away From Home: Amending the Extradition Act
Ottawa, Canada
June 17, 1999

The United Nations' Universal Declaration of Human Rights asserts that human rights should extend beyond national borders.

Canada's Extradition Act underlines this position. It stipulates that Canada will refuse to extradite (forcibly return) anyone to a country that wants to punish that person because of race, religion, nationality, ethnic origin, language, colour, political opinion, sex, sexual orientation, age, mental or physical disability or status.

When it comes to protecting human rights, Canada is prepared to take on the world.

Extradition Act 44. (1) The Minister shall refuse to make a surrender order if the Minister is satisfied that:
  (a) the surrender would be unjust or oppressive having regard to all the relevant circumstances, or
  (b) the request for extradition is made for the purpose of prosecuting or punishing the person by reason of their race, religion, nationality, ethnic origin, language, colour, political opinion, sex, sexual orientation, age, mental or physical disability or status or that the person's position may be prejudiced for any of those reasons....

(2) The Minister may refuse to make a surrender order if the Minister is satisfied that the conduct in respect of which the request for extradition is made is punishable by death under the laws that apply to the extradition partner.

:: Say "No to extradition!" for Gary Freeman

Help us keep Gary Freeman in Canada!

Gary Freeman / Joseph Pannell has been detained since July 27, 2004, awaiting extradition at the request of the United States of America. Despite a willingness to submit to strict conditions, including house arrest, electronic monitoring and recognizance with substantial sureties, pending his extradition hearing, he has been denied bail.

Extradition hearings were set to begin on Wednesday, May 25, 2005, in Toronto, but have been postponed pending an asessment of Gary Freeman's ability to properly hear the proceedings.

Supporters can show their opposition to extradition by attending the hearings and participating in other events demonstrating solidarity with Gary Freeman.

Another very important way Canadians can express their opposition to extradition is by petitioning Minister of Justice Robert Douglas Nicholson and sending letters of support for Gary Freeman.

In Canada, extradition is covered under the federal law known as the Extradition Act (Chapter E-23 of the Revised Statutes of Canada).

The process for extradition from Canada has both a judicial and an executive phase. At the judicial phase, a judge will determine if the conduct constitutes an offence in Canada and if there is sufficient evidence such that, had it occurred in Canada, the person would be committed to stand trial. At the executive phase, the Minister of Justice will decide whether or not to surrender, taking into account all of the circumstances and any applicable ground of refusal.

:: How to take action

• make a donation to the defense fund
• sign the petition
• send a letter to the Minister of Justice
• add your e-mail address to our mailing list
• join us at support events announced under "Drumbeat"
• send letters of support to Gary Freeman / Joseph Pannell
• create a link to this site on your own website

© 2007    Family and Friends of Gary Freeman    all rights reserved