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With nine co-defendants all representing themselves, nine court appointed back-up attorneys, plenty of press, and an audience of MOVE supporters, the extensive hearings on pre-trial motions became long, drawn out affairs with the atmosphere of a circus. MOVE's sharp wit and grueling cross-examinations exhausted the patience of several judges who would resort to having members thrown out of court. As a condition of re-admittance, the judge would demand a yes or no answer to the question, "Do you promise to behave if I allow you to return?" Invariably, the reply was, "I will do what's right."The trial by judge Edwin Malmed, which became the longest and costliest in Philadelphia history, did not get started until December of 1979. Among the initial prosecution witnesses was chief inspector George Fencl, head of the civil affairs unit who, along with Rizzo, was one of the main orchestrators of the plot to eliminate the MOVE Organization. At past trials and hearings, the courts had often thwarted MOVE's attempts to get high ranking co-conspirators put on the witness stand. Seizing the opportunity, MOVE proceeded to grill Fencl with a vengeance. After four solid days of turbulent cross-examination, Judge Malmed finally cut off the questioning and excused the exhausted witness. The following day, Tuesday, January 15, 1980, the courts were closed for a holiday.
On Wednesday MOVE came to the trial enraged. The day before, police had retaliated by staging another raid in Richmond, Virginia where two MOVE women and many children were living including several whose parents were August 8 defendants. MOVE demanded the trial be recessed until they could ascertain the whereabouts and welfare of their sons and daughters. Malmed refused. Some of the more vehement defendants were thrown out as the judge attempted to proceed against the repeated objections of concerned parents. Over the next two days, hostilities continued until finally Malmed had all the defendants removed from the courtroom. He then ordered the back-up attorneys to take over the case despite MOVE's insistence that no attorneys were to represent them even in their absence. None of the defendants were allowed to attend the remaining 47 days of their own trial.
On may 8, 1980, after 67 days of trial, Judge Malmed pronounced Janine, Debbie, Janet, Merle, Delbert, Mike, Edward, Phil and Chuck Africa guilty of third degree murder, conspiracy, and multiple counts of attempted murder and aggravated assault. Each defendant was given a sentence of 30 to 100 years.Several days after the verdict, Malmed was a guest on a local talk radio show. Journalist Mumia Abu-Jamal called in and asked the judge, "Who shot James Ramp?" Malmed replied, "I haven't the faintest idea," and went on to say that since MOVE members wanted to be tried as a family he convicted them as a family. Three other adults had also been in the house on August 8, yet two were never convicted and Consuewella Dotson, who refused to disavow MOVE, was later sentenced in a sepa- rate trial to 10-20 years by judge Levy Anderson who added on another three and a half years for contempt of court. The nine defendants protested that they were convicted only because of their unwavering allegiance to MOVE rather than for any complicity in the death of a policeman.
The Legal grounds for Rizzo's military operation were 21 bench warrants signed the week before August 8th. Judge DiBona issued these warrants because MOVE members had failed to appear in court at the August 2nd hearing were he ruled they had violated a ()-day "deadline" to vacate the house. On January 31, 1980, Judge DiBona died, yet his warrants were not withdrawn. Only 9 MOVE members had been arrested on August 8th. The other 12 warrants remained outstand- ing, although: 1) MOVE had never agreed to an absolute 90 day deadline, 2) Judge DiBone never had jurisdiction on the criminal matter, 3) The terms of the agreement stated attorney Oscar Gaskins would represent MOVE and no members would be required to attend any hearings, 4) By August 8th, any member who wasn't arrested obviously had vacated the house, and 5) After August 8th the house no longer existed. Such technicalities were no obstacle to the District Attorney's version of due process. On the basis of a dead judge's bench warrants, Ed Rendell's office fabricated criminal fugitive warrants, and the campaign to hunt down and destroy MOVE continued.
During the standoff in the summer of 1977, federal ATF agents had gotten Donald Glassey, a former MOVE associate, to implicate the organization in a bomb making and gun running scheme. But when 10 indictments were handed down on September 1, 1977, only two actual MOVE members were named: Vincent and Alphonso Africa. It took federal agents over 3 years to find them. Meanwhile Glassey was put in the federal witness protection program.On May 13, 1981, the Feds arrested nine MOVE members in Rochester, New York. Vincent and Alfonso were extradited to Philadelphia for trial on the bomb making and weapons charges. New York state judge Andrew Celli warned Pennsylvania officials he might release the others based on their arguments that the fugitive warrants for them were illegal. Fearful of losing their quarry, Rendell's office then come up with extradition warrants signed by Governor Dick Thornburgh, and MOVE members were taken back to Philadelphia.
At legal proceedings of Sue, Carlos, Alberta, Dennis, Conrad, Raymond and Jerry Africa, the lack of validity of the original warrants was repeatedly disregarded. In Alberta's case, Judge Kendall Shoyer ordered her bound and gagged to keep her from raising the issue.
In July of 1981, Vincent Africa, also known as JOHN AFRICA, and Alfonso Africa conducted their own defense in a trial at the federal courthouse in Philadelphia. The case was called "JOHN AFRICA vs. THE SYSTEM". Unconcerned about the lies and distortions of the prosecutor's witnesses, Vincent slept through much of the case as cops, ATF agents, explosive experts and former MOVE associates testified. In an impassioned closing argument, His only formal remarks to the court, Vincent make no direct rebuttal to the government's evidence and testimony, but instead condemned the entire reformed world system and exposed the courts as mere tools of the industry that profits from poisoning the air, water and food necssary for all LIFE. The government was stunned when the jury declared Vincent and Alfonso innocent on all charges.
MOVE demonstration August 8, 1980
ran dumb mode
