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Support
Justice,
Support Zolo
Azania!
Victory!
Zolo is off death row!
Zolo Agona
Azania
Contents
Zolo Agona Azania is one of the many persons
of African descent who have fought the imposition of the death penalty by a
racially biased criminal justice system. Politically active
at the time of his arrest, Zolo has been committed to the
struggle for social justice for all peoples since before his imprisonment.
On October 17, 2008, just before his third death penalty trial, the State of Indiana finally abandoned their 27 year campaign to execute Zolo Azania. Zolo no longer faces the death penalty! This is a real victory for all Zolo's supporters and all of those who oppose the death penalty.
It is also a victory for Zolo and his legal team, which included Attorney Jessie A. Cook of Terre Haute and Michael Deutsch, Erica Thompson and John Stainthorpe of the People's Law Office in Chicago.
For 27 years, Zolo has been imprisoned for a crime he adamantly denies committing. At the time that the State of Indiana finally stopped seeking his execution, Zolo had spent more time on death row than any other inmate, according to the Indiana Department of Correction.
Zolo has not plead guilty to these charges. This was not a plea bargain. However, the felony murder conviction for which Zolo was originally sentenced to death still stands, for now. Marion County Court Judge Robert Altice sentenced Zolo based on that 1982 conviction.
As part of an agreement, Judge Altice imposed two sentences instead of the death penalty. He sentenced Zolo to 60 years for the shooting death of a policeman. Zolo should serve 30 years of that sentence and the 27 years he has already served will be deducted from that, leaving 3 more years to serve on that sentence. The shooting happened during a bank robbery and for that robbery, which Zolo also has denied being involved in, he was sentenced to 14 years. Zolo should serve 7 years of that sentence. The 7 years may be reduced by 3 years if Zolo obtains a college degree while in prison. Zolo has been denied the ability to earn a college degree in the past because he had been sentenced to be executed. Before his arrest on these charges in 1981, Zolo had received a scholarship to Purdue University. With good time credit, Zolo hopes to be released from prison in 7 years. Zolo would be 60 years old.
At the hearing in Indianapolis, once the Indiana prosecutors agreed that this was an acceptable resolution of the case, Judge Altice praised the lawyers and then came down off the bench to shake Zolo's hand and wish him good luck.
Under the terms of the agreement, Zolo will be allowed to challenge his 1982 convictions in federal habeas proceedings. Zolo is able to pursue a petition for a writ of habeas corpus asserting that the 1982 convictions were unconstitutional. He can argue that mistakes of law by the Indiana trial court resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established federal law, as determined by the U.S. Supreme Court. Despite the 1996 Antiterrorism and Effective Death Penalty Act of 1996 that made this more difficult, Zolo is characteristically undeterred.
Zolo sent the following message:
Media Press Statement by Zolo Azania
i am glad that the State has finally offered me this opportunity to plan a life on the outside. i can use that freedom to work for justice for others, and, of course, to establish a way of sustaining my life on my own.
i feel that God has given me many gifts; and with these gifts then i would be able to take care of myself and do good for others. i have matured in many ways over these stressful 27 plus years. i see things quite differently now than in that early stage of my life.
i still resolutely maintain my innocence. By this agreement the State gives up the death penalty request. My next course of action will be to go on into the federal court system to expose the many injustices. i will continue to contest my innocence in the murder. i am angry over the numerous ways that I’ve been mistreated by the judicial sanction system. i was illegally placed in this untenable position by the Indiana Supreme Court when they took back my dismissal of the case for fast and speedy trial violation, and authorized the prosecution to retry me for the death penalty for the third time! Nonetheless, i will continue to contest my innocence in this murder. i am angry over the numerous ways i’ve been mistreated by the system that some call justice–a term of relativity. Therefore, the protracted struggle continues!
Thank you.
Zolo Agona Azania #4969
Indiana State Prison
P.O. Box 41
Michigan City, Indiana 46361-0041
Zolo's
statement as a PDF
Visit www.zoloazania.org, for more updates and information!
Contents
Who is Zolo Agona Azania?
Since 1981, for more than 25 years, he has been imprisoned by the state of Indiana Zolo did not receive a fair trial and has always maintained his total innocence of any involvement in the crime for which he is imprisoned.
Zolo is a prolific writer and an accomplished artist whose work has been exhibited in many places around the country. His writing and his art reflect who he is: A man who lives his political convictions. At the time of his arrest for the shooting death of a policeman, Zolo was a well known activist in his hometown of Gary, Indiana. He was an ex-con who had grown up in extreme poverty, but he was also the valedictorian of his CETA federal job training class and had received a scholarship to Purdue University just prior to his arrest. He was involved in the campaign to make Martin Luther King's birthday a national holiday and had designed a button used by campaigners in Gary.
Since his arrest Zolo has fought the charges against him from his prison cell, often on death row. His tireless efforts have exposed the unfair and racist way his case has been handled by the authorities. He has defended his own rights and the rights of other prisoners winning the respect of fellow prisoners and jailers alike. His victories, overturning his death sentence twice, have set precedents cited by other prisoners.
Time Line of the Case of Zolo Azania
August 1981
3 men in masks and disguises rob the Gary National Bank. An exchange of gunfire ensues and George Yaros, a white Gary police lieutenant, is killed. Police pursue the suspects, resulting in a long car chase. One of the men jumps out of the car and flees the scene. Zolo is picked up a few blocks away, walking down the street near his home. He is pistol-whipped while being arrested and charged with felony murder. Two others, David North and Ralph Hutson, are also arrested.
After years of being hidden by the prosecution, a police-administered gunshot residue test turns up "inconclusive" as to whether Zolo ever fired a gun.
1982
Prosecution succeeds in changing place of venue from Lake County to Allen County (Fort Wayne) where the Black population is three times smaller.
Zolo Azania's trial was a miscarriage of justice
Zolo is tried amid media and law enforcement hysteria: Police officers surround the courthouse and line the walls inside the courtroom.
Zolo's court-appointed attorney is so intimidated by the police-state atmosphere that he does not sit at the same table as Zolo! He puts on no evidence during the trial or the death penalty phase of the trial.
Instead of proving beyond a reasonable doubt that Zolo is guilty, prosecutors intimidate witnesses into making false identifications, withhold evidence, and keep Blacks off the jury.
A police officer is guilty of tampering with a witness when he threatens and intimidates Black construction worker, James McGrew. Moments before McGrew testifies the officer points to Zolo and tells McGrew to identify him as the person he saw putting incriminating items in the bushes. McGrew later testifies at a post-conviction hearing that he had told prosecutors he could not make a positive identification and identified Zolo only because he "feared for his safety". Two other African-American witnesses also recant their testimony, saying they too were threatened and intimidated. The prosecution also suppresses evidence favorable to Zolo; he is convicted of murder and sentenced to death by an all-white jury.
The prosecution singles out Zolo, focusing their efforts on him; the other defendants receive sentences of 60 years.
1993
The Indiana Supreme Court vacates (throws out) Zolo's death sentence, citing "ineffective assistance of counsel" and "suppression of favorable evidence".
1996
Zolo faces a second sentencing trial and once again is condemned to death; the jury consists of 11 whites and no Blacks. Again, his court-appointed lawyers provide ineffective counsel and present no mitigating evidence about his life and accomplishments.
2002
Indiana Supreme Court overturns Zolo's second death sentence because Blacks were systematically kept off the jury pool for the 1996 sentencing trial. In fact, half of Allen County's Black population had been eliminated from the jury pool for the previous 15 years! Unbelievably, Allen County cites a "computer glitch" as their explanation for this incredible episode of racial bias. (See Azania v. State, 778 N.E.2d 1253 (Ind. 2002))
When oral arguments on Zolo's case were
heard by the Indiana Supreme Court in Indianapolis on May 2nd, 2002, the
courtroom was packed with Zolo's supporters. In the front row were members of
the Indiana Legislature's Black Caucus and the Indianapolis City Council. The
hearings were widely reported in the local press, including The Fort Wayne
Journal Gazette. There were two major editorials in the Indianapolis Star
calling for a new sentencing trial for Zolo comprised of a fair jury
representative of the community in which the crime for which he was convicted
occurred.
2003
Zolo's death sentence was vacated in 2003
after he sucessfully argued that people of African
descent had been systematically excluded from the jury
pool. Zolo's supporters were able to help get his death sentence thrown out by coming to court and showing their solidarity.
But, incredibly, the Lake County District Attorney's office decided to re-try Zolo on the death sentence for a third time!
Zolo's Defense team requested that the sentencing trial be returned to Lake County because Zolo has a constitutional right to be tried there. Lake County is home to three times as many Blacks as Allen County and Zolo would be more likely to receive a fair trial there. Their request was denied.
2005
On May 1, 2005, Judge Steve David granted Zolo's motion to bar the State of Indiana from seeking the death penalty for the third time. This was an incredible victory for Zolo and his supporters and opponents of the death penalty around the world. (See order)
Yet, Lake County Prosecutor Bernard Carter decided to appeal that decision and yet again seek the death penalty against Zolo.
2008
On Friday, October 17, 2008 , On the eve of his third death penalty trial the State of Indiana finally abandoned their 27 year campaign to execute Zolo Azania.
Five Reasons to oppose the Death Penalty
- The death penalty is racist.
Did Zolo receive a fair trial in front of a "jury of his peers"? No!
A Black person is four times more likely to receive the death penalty than a white person with a similar background and convicted of a similar crime.
A Black person who kills a white person is 11 times more likely to get the death penalty than if the victim were Black or the perpetrator were white.
- The death penalty punishes the poor.
Zolo's death sentence was thrown out the first time because he received "ineffective assistance from counsel"; he had to accept inexperienced court-appointed counsel due to lack of funds.
More than 90% of the defendants charged with capital crimes are indigent and "ineffective assistance of counsel" is usually what they get. In recent years, 20 federally funded centers that aided low-income defendants were shut down.
- The death penalty condemns the innocent to die.
Zolo maintains his innocence. He has been treated in a prejudicial way and the courts will not grant him a re-trial on the facts of the case. Under these circumstances, how can we accept the guilty verdict he received?
Since 1976, more than 100 people who had spent years on death row have been completely exonerated and released from prison.
- The death penalty is not a deterrent to violent crime.
A New York Times survey determined that homicide rates in states with capital punishment are 101% higher than in states without capital punishment.
- The death penalty is cruel and unusual punishment.
Zolo is leading a productive life in spite of being in prison. He writes, paints and communicates with many people on the outside. What a horror it would be to take his life!
The U.S. is the only industrialized nation to still have the death penalty.
updates
On October 17, 2008, just before his third death penalty trial, the State of Indiana finally abandoned their 27 year campaign to execute Zolo Azania. Zolo no longer faces the death penalty! This is a real victory for all Zolo's supporters and all of those who oppose the death penalty.
Zolo has not plead guilty to these charges. This was not a plea bargain. However, the felony murder conviction for which Zolo was originally sentenced to death still stands, for now. Marion County Court Judge Robert Altice sentenced Zolo based on that 1982 conviction.
As part of an agreement, Judge Altice imposed two sentences instead of the death penalty. He sentenced Zolo to 60 years for the shooting death of a policeman. Zolo should serve 30 years of that sentence and the 27 years he has already served will be deducted from that, leaving 3 more years to serve on that sentence. The shooting happened during a bank robbery and for that robbery, which Zolo also has denied being involved in, he was sentenced to 14 years. Zolo should serve 7 years of that sentence. The 7 years may be reduced by 3 years if Zolo obtains a college degree while in prison. Zolo has been denied the ability to earn a college degree in the past because he had been sentenced to be executed. Before his arrest on these charges in 1981, Zolo had received a scholarship to Purdue University. With good time credit, Zolo hopes to be released from prison in 7 years. Zolo would be 60 years old.
At the hearing in Indianapolis, once the Indiana prosecutors agreed that this was an acceptable resolution of the case, Judge Altice praised the lawyers and then came down off the bench to shake Zolo's hand and wish him good luck.
Under the terms of the agreement, Zolo will be allowed to challenge his 1982 convictions in federal habeas proceedings. Zolo is able to pursue a petition for a writ of habeas corpus asserting that the 1982 convictions were unconstitutional. He can argue that mistakes of law by the Indiana trial court resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established federal law, as determined by the U.S. Supreme Court. Despite the 1996 Antiterrorism and Effective Death Penalty Act of 1996 that made this more difficult, Zolo is characteristically undeterred.
Judge David's 2005 order barring the state from seeking the death penalty
article from Fort Wayne Journal Gazette, May 2005:
State's high court
bars death penalty in 1981 Gary police killing
article from Gary Post-Tribune, June 1, 2006 :
Death-penalty effort renewed against killer
editorial from Fort Wayne Journal Gazette, October 21, 2008:
Azania case demonstrates why death sentences are pointless
Also, visit www.zoloazania.org, for more updates and information!
Zolo would appreciate letters from supporters. He can currently be reached at:
Zolo Agona Azania
#4969
P.O. Box 41
Indiana State Prison
Michigan City, IN 46361
Contact the No Death Penalty for Zolo Committee:
"Even though I am seeking help from anywhere and everywhere I can get it, my
personal freedom campaign is not the Movement per se. Higher progressive efforts
at publicly critical resistance are needed now. We must organize, educate, and
be proactive. I do not have any doubt that We shall overcome, and there is
Victory for us!" - Zolo Azania, in a March 15th, 2004 letter to Presente! (a progressive artists
group in Boston, Massachusetts)
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