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Zolo Agona Azania

 

Greetings, I hope and pray that my bio-sketch and letter find you in good health and in spirits as good as humanly possible. God willing.  

I’m still here, in the belly of the beast, standing strong and fighting forward tooth and nail for total liberation, economic self-reliance and for human rights in all human sights. I was in court on October 15, 2004 for another pretrial hearing. Things went fairly well. The special judge from Boone County granted most of out discovery motions. I’ve got some good lawyers in my corner now: Michael E. Deutsch, Erica Thompson and John L. Stainthorp of the People’s Law Office in Chicago , Illinois and Jessie A. Cook of Terre Haute , Indiana .

The police and the local politicians in Fort Wayne , Indiana are highly upset that those outsiders who are representing me have come in town to disrupt the usual status quo. It was declared in open court by James Posey, one of the state’s attorneys against me during the hearing, that he represented the judges of Allen County ! The biased judges are taking it personal that we exposed the fatally flawed, discriminatory jury selection practices. They are hostile to my cause and resented my lawyers pursuing and exposing the Allen County ’s unfair jury system.  

The county jail guards gave all of my legal papers to me, including my telephone numbers and addressed, this time. They were trying to isolate me to keep me from effectively working on my defense and from receiving community support. But they retaliated against me for filing complaints on them by placing me in the lockdown cell block. It’s crazy to me. Their racial, ethnic prejudice and hatred clouds their barbaric judgment.  

I was transported back to this prison on the 25th of October 2004 . The past years have been very busy and even hectic for me, like all the others; I shall never embark on a defeatist course. This is a fight to the finish.

I would like to receive your much needed moral and financial support. I am 50 years old. My date of birth is 12-12-1954 . I am a new African man. I’ve been fighting death penalty for well over 23 years. I am seeking to advance the human rights of humanity in all sights.  

 

Update,

I was in court January 25, 2005 for another pre-trial hearing. The judge took my three different motions to dismiss the death sentence count under advisement before he make a ruling on them. The prosecutor conceded that the death penalty sentencing statute that existed in 1981 when I was arrested (the same law that I was convicted under in 1992) was declared unconstitutional! Isn’t that wonderful?! Now why am I still in prison? Why haven’t I been released?

No, the trial court judge hadn’t made a ruling on my case yet. He did not declare the death penalty unconstitutional. The United States Supreme Court has made several important decisions affecting death penalty cases (including the recent decision concerning juveniles). Why? Because the many of the state courts and prosecuting attorneys were sentencing people with and without a jury was wrong, illegal and unconstitutional. The death sentencing statute that existed in 1981 was repealed by the Indiana Legislature. They are the ones who changed the law that I was convicted under in 1982.

During the last court hearing in Fort Wayne , Allen County, Indiana, the prosecutors argued that I should be sentenced under the 2002 death penalty statutes. But how could that be so since the Indian State Legislature wrote in the actual statute exactly whom the new laws applied to, and when it come into affect? All of the penalties under the new law were increased. These sentences were non-existent at the time of offense, which makes a crime greater than when it was committed or imposes additional punishment therefore.

Very truly yours,

Zolo Agona Azania # 4969

 

Update

On May 1st, 2005, the trial Judge granted my motion to dismiss the State’s notice of intent to seek the death penalty, and to ban the prosecution from seeking the death penalty based upon constitutional delay causing irreparable prejudice and constituting cruel and unusual punishment. The state could still appeal the trial judge’s decision.

On May 17, 2005, I was transported by police to the Allen County Jail, Fort Wayne , Indiana , to be held for another pre-trial hearing that was scheduled for May 20, 2005, which I did not attend because all proceedings were stayed. The judge’s recent good ruling throws all the other hearing schedules and jury trial dates out the window.

The prosecutor requested an interlocutory appeal, which is an intermediate request for review by a higher court. The trial court judge certified his order – meaning that he’s standing on it. Then the State had to file a motion for permission to appeal in the Supreme Court of Indiana.

I was placed in the hole all the while I was at the county jail. They were trying to isolate me from other prisoners and public support. The sheriff’s Office retaliated against me because of the complaints I files about the adverse living conditions in the Allen County Jail. Moreover, they did not like the extensive media coverage of the court’s order dismissing the death penalty count. The Indiana Department of Corruption prisoncrats resented it, also. They’re mad because I won a major battle in court, and they don’t want me to be free.

Very truly yours,

Zolo Agona Azania #4969

 

Address:

Zolo Agona Azania # 4969
Indiana State Reformatory 
P.O. Box 30
Pendleton, IN. 46064-0030 
USA

 

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