Support Justice, Support Zolo Azania! Zolo Agona Azania Media reports on Zolo Azania The following articles are from various Indiana newspapers and do not necessarily reflect the opinions of Zolo Azania or his supporters. However, you may find them to be helpful in providing some background to his case, even though many of the articles below were written from the perspective of the corporate media. "Death-penalty effort renewed against killer " June 1, 2006 article from the Post-Tribune (06/06). (also a response to this one sided attack piece) "State's high court bars death penalty in 1981 Gary police killing" May 2005 article from Fort Wayne Journal Gazette (05/05). Boone Circuit Court Judge Steven H. David, who was appointed special judge in the case, issued the ruling. "Still no justice after 23 years" February 19, 2005 Indianapolis Star Editorial (02/05) "Resentencing trial set" April 2004 story from Gary, Indiana's Post-Tribune daily newspaper on new sentencing hearing for Zolo, which has since been postponed (04/04) "Meter still ticking in capital case", Indianapolis Star (1/27/04) "2nd judge steps down from death penalty case", Fort Wayne Journal-Gazette (12/31/03) "Death penalty case for Azania will not leave Allen County", Fort Wayne News-Sentinel(12/18/03) "Third chance to try for a fair sentence", Indianapolis Star Editorial (11/19/03) "Death penalty judge called impaired", Indianapolis Star (10/29/03) "Indiana Court Overturns Death Sentence" Associated Press, (11/23/02) "Court overturns death sentence of man who shot officer" Associated Press, (11/25/02) "Right to be judged by jury of his peers" Indianapolis Star Editorial, (12/6/02) "Death appeal draws support: Allen glitch kept blacks off jury, defense says" The Journal Gazette, Fort Wayne, Indiana (3/4/01) "Computer Glitch Cuts Minority Jurors" A September 1996 story from the Fort Wayne News-Sentinel newspaper on the systematic exclusion of jurors from predominately Black areas, blamed at the time on a "computer glitch." return to top "Meter still ticking in capital case" Indianapolis Star January 27, 2004 Our position is: The sentencing phase of the Zolo Azania murder case should be returned to a Lake County court. For eight months, the state has failed to find a judge to preside over the penalty phase of a 22-year-old murder case.In the interests of justice, the Zolo Azania case should be moved from Allen County, where three judges have disqualified themselves since October. Two cited conflicts of interest and the other a behavioral problem. The latest phase of the case has cost taxpayers more than $100,000 in legal bills, with the tab still running. Allen Superior Judge Kenneth Scheibenberger removed himself Oct. 27 after the defense challenged his fitness to preside. He had checked into a Chicago alcohol rehabilitation center for two months last summer. Azania twice was sentenced to death in Scheibenberger's court for the 1981 slaying of Gary Police Lt. George Yaros, but both sentences were overturned. Azania wants the case returned to Lake County, where it was initially removed because of pre-trial publicity. The Indiana Supreme Court is expected to decide as soon as this week where it should be heard. In stepping aside, Scheibenberger told the Indiana Supreme Court that no Allen County judge could take the case, but the state high court sent it back to Allen Superior Court Administrative Judge Fran Gull, who assigned it to Judge John F. Surbeck. There were problems with his involvement, too. Surbeck had been a defense consultant in the case before becoming a judge and had been prepared to take the stand as an expert witness during post-conviction proceedings. He was also in charge of the county's jury selection process in 1996, when the system was thrown out for systematically excluding blacks from jury pools. Azania is black. Surbeck withdrew last month. The case went back to Judge Gull, who recused herself earlier this month because she had been an Allen County deputy prosecutor during Azania's 1996 sentencing trial. This case has effectively been without a judge since June. It makes sense to choose a from Lake County, considering the proximity of witnesses and the evidence. Sadly, with Indiana facing nearly a $1 billion deficit, taxpayers continue footing the bill in a case that should have been resolved long ago. "2nd judge steps down from death penalty case" Fort Wayne Journal-Gazette December 31, 2003 In Fort Wayne, a 2nd judge has stepped down from a death penalty case involving a man accused of killing a Gary police officer. Allen Superior Judge John F. Surbeck Jr. recently issued an order recusing himself from overseeing a February penalty hearing for Zolo Azania. Surbeck's order said he had worked several years ago with attorneys seeking post-conviction relief in several capital cases, including one who represented Azania. Though Surbeck does not recall his involvement in the case, it would be improper for him to preside over Azania's resentencing, according to the order. Defense attorney Michael Deutsch of Chicago requested the change of judge. Surbeck was appointed to oversee the case after Allen Superior Judge Kenneth Scheibenberger withdrew in October in response to defense claims that Scheibenberge was impaired because he was an alcoholic. Scheibenberger, 54, checked himself into an alcohol rehabilitation program at Rush-Presbyterian Hospital in Chicago in July. Administrative Judge Fran Gull will decide on another judge to oversee the case, which was originally tried in Fort Wayne because of pretrial publicity in Lake County. Azania, formerly known as Rufus Averhart, twice has been sentenced to death for the 1981 killing of a Gary police officer. Both sentences were later overturned. "Death penalty case for Azania will not leave Allen County: Hearing is set for Tuesday to decide which county judge will preside over penalty hearing for Zolo Azania" Fort Wayne News-Sentinel December 18, 2003 The case of a man twice sentenced to death for killing a Gary police officer more than 22 years ago will apparently stay in Allen County after all. Allen Superior Judge Kenneth Scheibenberger removed himself from the case of Zolo Agona Azania, formerly known as Rufus Averhart, in October. The Indiana Supreme Court had vacated Azania's death sentence in November 2002, and sent back the case to Scheibenberger's court for a new death penalty hearing. At the time, Scheibenberger pointed out local court rules prohibited the case being assigned to any of the county's other judges with jurisdiction over felony matters - John Surbeck and Fran Gull of Superior Court or Thomas Felts of Circuit Court. The Supreme Court chose to disregard the rule, however, and named Surbeck to preside over the matter. Surbeck, who testified in Azania's post-conviction relief hearing after Azania was 1st convicted in 1982, has set a daylong hearing on the matter for Tuesday. Azania was 1 of 3 men who held up the Gary National Bank on Aug. 11, 1981. They shot Gary Police Officer George Yaros as he arrived at the scene. As the men fled to their car, Azania stopped and shot Yaros again at close range with a .44-caliber handgun. The case was sent to Allen because of heavy pre-trial publicity in Lake County, and the three men were convicted of murder. Prosecutors sought the death penalty against all 3, but the jury recommended it only for Azania. Former Allen Superior Judge Alfred Moellering sentenced Azania to death in May 1982. While it upheld the conviction, the state Supreme Court overturned Azania's death penalty in 1993. The court sent back the case to Superior Court, saying Azania had been represented by ineffective counsel at trial. By then, Scheibenberger had succeeded Moellering and assumed the case. Another trial was held on imposing the death penalty, and in March 1996 a second jury recommended death and Scheibenberger imposed the sentence. Azania, who is black, appealed the sentence and maintained a faulty computer program selected a jury that underrepresented Allen County's black population. The Supreme Court agreed, and again vacated the sentence and sent back the matter to Allen County. Azania's attorneys lost later efforts to have the case sent back to Lake County and to have Scheibenberger replaced as the presiding judge. Scheibenberger then recused himself, saying it appeared Azania's lawyers "intend to use any means necessary to remove this judge from this matter, including unfounded personal attacks on his character and fitness." Scheibenberger said he has no bias or prejudice against Azania, but said he believed "in the best interests of justice, reluctantly, this court should recuse itself in this matter." Third chance to try for a fair sentence November 19, 2003 Indianapolis Star Editorial Our position is: Death penalty case should be sent back to the county of origin for re-sentencing. Allen Superior Court Judge Kenneth Scheibenberger was right to remove himself from the Zolo Azania death penalty case. Scheibenberger had lost the ability to preside effectively. The Fort Wayne Superior Court judge recused himself last month from presiding over Azania's third death penalty sentencing trial. But it's troubling that the judge withdrew only after pressure mounted over his bout with alcohol abuse. In July, Scheibenberger underwent alcohol abuse treatment for a month in Chicago under the threat of disciplinary action concerning his behavior at a Fort Wayne bar in June. When a woman at the bar lifted her shirt, Scheibenberger "encouraged her by offering her a dollar," he told The Journal Gazette of Fort Wayne. Although he apologized, Scheibenberger's Superior Court colleagues strongly encouraged him to seek treatment for his alcohol problem or face disciplinary action from the Indiana Commission on Judicial Qualifications. Azania, who's African American, was twice sentenced to death in Scheibenberger's court. Both juries were without any blacks. Azania, formerly Rufus Averhart, was convicted of the 1981 killing of a Gary police officer. In 1983, the Indiana Supreme Court upheld the conviction but overturned the death sentence, citing ineffective counsel and evidence withheld from the defense. At the second re-sentencing trial in 1996, Azania argued that the jury selection system was inherently flawed because black voters were excluded from jury pools. But Scheibenberger again sentenced him to death. The state Supreme Court, however, reversed his death penalty for a second time last year, ruling that Allen County's jury selection process was unfair because it systematically excluded blacks. The case was sent back to Scheibenberger's court for a third sentencing trial, which was pending when the judge stepped aside. He had refused a defense request to send the case back to Lake County. The trial was originally moved from there because of pre-trial publicity, but that is no longer a factor. The Supreme Court must now appoint a special judge to preside over the sentencing phase. It's the perfect opportunity for the court to send the case back to the county where the crime was committed. return to top Death penalty judge called impaired October 29, 2003 Indianapolis Star In Fort Wayne, a judge removed himself from a death penalty case after a defense attorney claimed the judge was impaired because he was an alcoholic. In an order issued Monday, Allen Superior Judge Kenneth Scheibenberger called the concerns expressed by Zolo Azania's attorney "unfounded" and said that he "reluctantly" stepped down from the case "in the best interest of justice." Azania, formerly known as Rufus Averhart, twice has been sentenced to death for the 1981 killing of a Gary police officer. Both sentences were later overturned. Sheibenberger, who was appointed special judge in the case because of pretrial news coverage, was set to oversee Azania's 3rd penalty hearing in February. Scheibenberger, 54, checked himself into an alcohol rehabilitation program at Rush-Presbyterian Hospital in Chicago in July. Chicago attorney Michael Deutsch filed motions last month in Allen Superior Court questioning Scheibenberger's ability to preside over the hearing and requesting that the Indiana Supreme Court assign another judge to the case. After Scheibenberger denied the motions, Deutsch filed another one in which he alleged that the judge's initial denial called into question his impartiality. Scheibenberger wrote in his order Monday that he denied the previous request because it did not meet legal criteria and lacked sufficient facts to support the contention that he was biased. The judge wrote that he was successfully discharged from rehabilitation and is receiving continuing treatment. "It appears from their actions that counsel for the defendant intend to use any means necessary to remove this judge from this matter, including unfounded personal attacks on his character and fitness," Scheibenberger wrote. Indiana Court Overturns Death Sentence November 23, 2002 Associated Press The state Supreme Court overturned the death sentence of a man convicted of killing a police officer, finding that a computer glitch resulted in no blacks serving on the jury that sentenced him to death. In its 3-2 ruling, the court said Friday that "the jury pool selection process was fundamentally flawed" when Rufus Averhart, who is black, was sentenced to death in 1996. Averhart's death sentence had been thrown out once before, when the state Supreme Court determined in 1993 that he had had ineffective counsel. He was sentenced to death again, but Allen County officials said a computer glitch caused many Wayne Township voters to be omitted from lists of potential jurors. The township, which encompasses south-central Fort Wayne, is home to more than 70 percent of Allen County's black population. The jury that recommended the second death sentence had 11 whites and one Hispanic. The court's ruling Friday means more hearings will be needed to determine Averhart's sentence for the 1981 murder of Gary Police Lt. George Yaros, who was shot behind a Gary National Bank branch after a robbery. Averhart, who was with two other men, fatally shot Yaros at close range after the officer collapsed from another gunshot wound. Prosecutor Bernard Carter has not said whether officials will seek the death penalty again. Averhart, 47, changed his name to Zolo Agona Azania after entering prison. Court overturns death sentence of man who shot officer November 25, 2002 Associated Press The Indiana Supreme Court has overturned the death sentence of a black man convicted of killing a Gary policeman, finding that a computer glitch resulted in no blacks serving on the jury that sentenced him to death. In its 3-2 ruling, the court said Friday that "the jury pool selection process was fundamentally flawed" when Rufus Averhart was sentenced to death in 1996. This the 2nd death sentence that has been overturned for Averhart, who changed his name to Zolo Agona Azania after entering prison. The court's ruling means more hearings will be needed to determine Azania's sentence for the 1981 murder of Gary Police Lt. George Yaros. Lake County prosecutor Bernard Carter will decide whether the death penalty again will be sought, according to a statement released by the Indiana attorney general's office. On Aug. 11, 1981, Azania, 2 companions and Yaros became embroiled in a shootout behind a Gary National Bank branch after a robbery. Azania fatally shot Yaros at close range after the officer collapsed from another gunshot wound. Azania, 47, was sentenced to death in 1982, but that sentence was overturned, only to be imposed again in 1996 by another jury. Yaros' wife, Ann, 77, told the Post-Tribune of Merrillville that she is upset with the ruling. "It's been 21 years, you'd think it'd be over with by now," she said. "Why should it take so blasted long? He's had 21 years my husband didn't have." The state Supreme Court threw out Azania's first death sentence in 1993, citing ineffective counsel. A new penalty phase was held in 1996 in Allen County, where the original trial had been held because of pre-trial media coverage. The new jury again recommended the death penalty and the judge sentenced Azania to die by lethal injection. But last year the high court ruled that Azania could challenge his second death sentence based on the computer error. Allen County officials said a computer glitch discovered in late 1996 caused many Wayne Township voters to be omitted from lists of potential jurors. The township, which encompasses south-central Fort Wayne, is home to more than 70 % of Allen County's black population. The jury that recommended the second death sentence included no blacks and was composed of 11 whites and one Hispanic. After learning of the glitch, Azania's attorney, Michael Deutsch, sought to overturn the conviction and the sentence, citing a jury pool that did not reflect a  cross-section of the community. Indiana Supreme Court Justices Robert Rucker, Frank Sullivan Jr. and Theodore R. Boehm ordered a new penalty hearing, but kept Azania's conviction intact. Justices Brent Dickson of Hobart and Randall T. Shepard dissented. Deutsch said he'd like to see the new sentencing take place in Lake County. "A jury chosen from Lake County is probably the fairest place for this to be played," he said. Right to be judged by jury of his peers December 6, 2002 Editorial, Indianapolis Star Our position is: The state's high court ruled correctly in a high-profile death penalty case. The Indiana Supreme Court has correctly reversed an Allen County death penalty sentence that was fundamentally flawed from the outset. As a result of the court's ruling, Zolo Azania will be re-sentenced for the 1981 killing of a police officer during a bank robbery in Gary. Azania, who is black, deserved to be sentenced by a jury drawn from a pool with a diverse racial makeup, reflecting a jury of his peers. A pool that excludes half of the blacks eligible to participate does not meet that threshold. This is the 2nd time that Azania's death sentence, imposed twice by juries without blacks, has been thrown out. In 1993, the Indiana Supreme Court upheld his conviction but overturned his death sentence, primarily due to ineffective counsel and ballistics evidence that was not shared with the defense. At the second re-sentencing trial in 1996, Azania protested that neither jury pool represented a reasonable cross-section of Fort Wayne's community and asked that the jury be selected under a more inclusive system, which the trial court denied. He was again sentenced to death. The latest ruling by the Indiana Supreme Court cited state law requiring that county jury selections "must be fair and may not violate the rights of persons with respect to the impartial and random selection of prospective jurors." Allen County's system operated unfairly for more than 16 years beginning in 1980. The computer program used to identify prospective jurors from voter registration lists systematically excluded voters after it identified the total number needed for that year's jury pool. Since the system made cutoffs alphabetically, a majority of voters in Wayne Township, where 75 % of African Americans lived, always got left off the jury list. Though there was no proof of deliberate discrimination, Allen County officials deserve blame for not making an attempt to correct the problem when it was brought to their attention by Azania's lawyers and others. Lake County, where the case originated, must now decide whether or not it's worth the considerable cost to pursue the death penalty a 3rd time against Azania. This much is clear: The preventable mistakes made to date by the justice system have taken a toll -- financially on Indiana taxpayers and emotionally on the police officers and family members of the victim forced to re-live this case. return to top "Death appeal draws support: Allen glitch kept blacks off jury, defense says" The Journal Gazette Fort Wayne, Indiana Sunday March 4, 2001 By Laura Emerson Some see him as a cold-hearted cop killer. Others see him as an artist, writer and defender of the downtrodden. Many see Zolo Agona Azania as another man on death row who is using their tax money to fund an endless string of appeals. Azania, 46, has managed to avoid death for nearly 20 years. An Allen County jury sentenced the Gary man to death in 1982 for fatally shooting a Gary police officer during a 1981 bank robbery. At the time, his name was Rufus Lee Averhart. He's challenging a jury's decision in 1996 to resentence him to death. The jury consisted of 11 whites and one Hispanic woman. Azania and his attorneys claim a computer glitch in the jury selection process eliminated a majority of potential black jurors from the selection pool. Now, death penalty opponents from around the world are expected to focus their attention on Allen Superior Court beginning March 13, when attorneys working on Azania's behalf will argue that the computer glitch violated Azania's constitutional rights. These opponents have sent letters and e-mail messages to Judge Kenneth Scheibenberger, telling him they're paying attention to the case. Some are expected to attend, said Michael Deutsch, an attorney appointed by the Indiana Supreme Court to represent Azania. Several defendants have unsuccessfully challenged their Allen County convictions based on the 1996 computer glitch, but this will be the first death penalty appeal to scrutinize the county's jury selection process. Described as an intelligent man by one of his defense attorneys, Azania has tried to use every legal avenue to stay alive. Getting this far In 1982, Azania became the first person in Allen County to be sentenced to death since 1959. The trial was moved to Allen County because of pre-trial publicity. The state Supreme Court upheld Azania's murder conviction, but reversed the death penalty sentence in 1993. A new penalty phase was heard in February 1996 in Allen County. A jury recommended death, and Scheibenberger sentenced Azania to die by lethal injection. Neither set of trial jurors knew it, but Azania previously was convicted of manslaughter for killing a 69-year-old Gary man during a 1972 burglary. In November, the state Supreme Court said it would allow Azania to challenge his second death sentence based on the alleged computer error. It also said Azania could present alleged newly discovered evidence relative to his guilt. Allen County officials said the computer glitch discovered in late 1996 caused many Wayne Township voters to be omitted from lists of potential jurors. Azania's attorneys argue that the alleged computer error caused the "systematic exclusion" of black voters, because more than 70 percent of Allen County's black population lives in Wayne Township. Wayne Township encompasses south-central Fort Wayne. Azania is black. The officer he was convicted of killing was white. County officials say the problem occurred when a jury selection program was changed in late 1995 to expand the jury pool from 10,000 to 14,000 registered voters for the 1996 year. Deutsch contends the irregularities existed back in 1982, when Azania was first convicted. If Deutsch were to argue that point successfully, it could overturn Azania's original conviction and require a new trial on both the evidence and the death penalty phases - nearly 20 years after Azania was convicted. Several jurors at his 1982 trial told The Journal Gazette they sentenced Azania to death because of evidence that showed Azania stood over a wounded, unarmed police officer and fired a bullet into his chest. A juror said they didn't recommend the death sentence for two other men involved in the murder because jurors felt Azania was the person most responsible for the officer's death. Appellate history Azania's attorneys think they can show that the exclusion of Wayne Township voters was systematic, not random. If they can prove county officials systematically excluded voters, they might succeed in getting Azania yet another sentencing hearing. At first blush, it doesn't appear likely. The Indiana Court of Appeals has ruled against three defendants who filed challenges based on Allen County's 1996 jury selection process. In the case of an Allen County man convicted in 1996 of drug possession, the appellate court wrote that the man failed to show purposeful discrimination on Allen County's part or a violation of his Sixth Amendment right to a jury pool consisting of a fair cross section of the community. The appellate court wrote that jury panels are not required to constitute a microcosm of the community, although the primary goal of the jury selection process is to produce a reasonable cross section of the community. Deutsch, a partner in The People's Law Office in Chicago, said there was no clear record in the prior appellate cases as to what the problem was, how long it existed and its actual effect. Michelle Kraus, one of the defense attorneys appointed to represent Azania in 1996 said a large number of jurors showed up, but only four of them were members of a minority group. One, a Hispanic woman, was placed on the jury of 12. Because the county keeps no records of jurors' races, a person would have to go through some elaborate statistical research to get answers to such questions as who was excluded and what percentage of blacks were excluded, Deutsch said. Azania's attorneys have hired a statistician to do that, and Deutsch believes that could cause Azania's appeal to have a better outcome than the others. "I'm optimistic we'll succeed," Deutsch said. Even if things don't turn out the way Azania's lawyers hope they do, Azania can still take his claims to federal court, Deutsch said. International support Azania has received a considerable amount of support, especially from people in Europe, said Tracy Lamourie, co-director of the Canadian Coalition Against the Death Penalty. Her group's Internet Web site hosts Web pages for more than 300 people on death row around the world, including Azania. His page includes some of the art he has drawn since being sent to the Indiana State Penitentiary in Michigan City in 1982. "We're trying to show the real faces and cases of people on death row," Lamourie said. Azania's cause appears on several Web sites. One describes him as "an ex-offender and tireless activist on behalf of the downtrodden." It says Azania was stopped by police on his way to a grocery store, pistol-whipped and arrested without a warrant or explanation, then "framed on trumped-up charges." It urges people to call or write Indiana officials on Azania's behalf. Many have followed that urging, even sending e-mails to The Journal Gazette. Another Web site describes Azania as a "politically conscious activist, who at the time of his arrest and capture in 1981, was actively involved in the movement for the self-determination of New Afrikan people." Azania's commitment to the liberation and independence of New Afrikan people within the United States influenced the way the police, prosecution and courts treated him, according to the Web site, maintained by the Prairie Fire Organizing Committee in Chicago. Such information isn't likely to be featured in next week's hearing. Instead, attorneys will focus on statistics, procedures, intent and outcome. PUBLISHED SUNDAY, MARCH 4, 2001 back to the main page