WANTED: Cop Killer Joanne Chesimard Remains Out of Reach in Cuba Wednesday, October 08, 2008 By Michelle Maskaly
This is a weekly series that profiles America's most wanted criminals.
To a few die-hard militants, Joanne Deborah Chesimard — aka Assata Shakur — is a courageous victim of a vast government conspiracy, a modern-day Harriet Tubman fighting for the rights of African-Americans.
But to American law enforcement, the 61-year-old New York City native is a cowardly, dangerous, cold-blooded cop killer who has been living openly and defiantly for nearly a quarter of a century in Cuba.
Chesimard, a member of the radical Black Liberation Army, has a prominent place on the FBI's Most Wanted list for the May 2, 1973, murder of New Jersey State Trooper Werner Foerster.
But unlike most of the criminals on the FBI's list, authorities know exactly where she is — a point that has frustrated law enforcement for more than three decades.
"Ultimately, Cuba doesn't honor the extradition that has been in place since 1940," said Lt. Kevin Tormey, chief detective on the Chesimard case for the New Jersey State Police and a member of the FBI's Joint Terrorism Task Force in Newark, N.J. "When Castro's administration came to power, they no longer honored it."
Chesimard, who is the godmother of slain hip-hop artist Tupac Shakur, has been heralded as a hero among some in the hip-hop community and political activist groups.
"I have been a political activist most of my life, and although the U.S. government has done everything in its power to criminalize me, I am not a criminal, nor have I ever been one," she says.
But authorities see things differently, and point to Foerster, the New Jersey state trooper who went to work on May 2, 1973, and never came home to his wife and kids.
Foerster and fellow trooper James Harper pulled Chesimard and two others over for a routine traffic stop on the New Jersey Turnpike about an hour south of New York City, unaware that the three were carrying semi-automatic handguns and fake identification.
Chesimard, 26 at the time, was already known by the FBI for her involvement in the Black Panther movement. She had changed her name to Shakur and was now a leader of the Black Liberation Army — one of the most violent militant black organizations of the 1970s. She was wanted in connection with a string of felonies, including bank robberies in New York.
Pulled over by the troopers, Chesimard, who was in the passenger seat, pulled out her semi-automatic pistol and fired the first shot. The passenger in the rear seat, James Coston, then fired multiple shots before he was killed by a bullet from Harper's gun. As Harper sought cover, Chesimard stepped out of the car and continuously fired at both him and Foerster, who was engaged in hand-to-hand combat with Clark Squire, the driver.
Foerster was shot in the abdomen and right arm. According to police accounts, Chesimard picked up Foerster's gun and put two bullets in his head, execution style, as he lay along the side of the turnpike. Authorities say her jammed handgun was found next to Foerster's body.
Chesimard, Coston and Squire fled and abandoned their car five miles down the road. It didn't take long for police to locate the car and Coston, who was found dead near the vehicle. A half hour after the shooting, state police arrested Chesimard. Squire was arrested a mile from the car about 40 hours after the incident.
Chesimard denied that she shot at anyone and claimed that the militant and cop-killer labels made her a target. But four years later, she was convicted of first-degree murder, assault and battery of a police officer, assault with a dangerous weapon, assault with intent to kill, illegal possession of a weapon and armed robbery.
Her supporters, however, believed she was framed. She received letters of support while awaiting trial and even released a radio address to her followers.
In a 1997 documentary about her, Chesimard painted herself has a political prisoner who was beaten in jail and treated like a slave while in the U.S., even comparing herself to Harriet Tubman, the runaway American slave who helped deliver dozens from bondage along the Underground Railroad.
On Nov. 2, 1979, Chesimard escaped from prison in New Jersey. Police believe a group of black and white domestic terrorists approached Chesimard while at a maximum security prison in West Virginia, but waited until she was transferred to a minimum security prison in New Jersey before plotting the escape.
Three members of the group who were visiting Chesimard ordered a corrections officer at gunpoint to open three gates that eventually led out of the prison. They escaped in a jail van.
Police say Chesimard was taken to a safehouse in East Orange, N.J., where she hid for five years. In 1984 she surfaced in Cuba, where she was granted political asylum.
Over the years, her legend has grown as her supporters continue to proclaim her innocence. Curious college students travel to Cuba to meet with her, family members send her goods, and she is paraded about during political events there. She reportedly has been pursuing a master's degree and living in a government-paid apartment in Havana.
All the while, U.S. authorities have been trying to bring her back to serve out her life sentence.
"We've tried everything you can think of," Tormey told FOXNews.com. "It's frustrating. Our goal isn't to combat that front [the Web sites and reports that claim she is innocent] as much as having her in a U.S. prison."
Jacuma Kambui, one of her supporters, told FOXNews.com in a telephone interview, "I describe her as a mother, grandmother, auntie, sister, daughter, a regular person that became the victim of a wicked system."
Kambui, who refers to Chesimard as Shakur, described himself as one of 6,700 members of The Talking Draw Correctives — an organization of Web sites that try to promote the will of the African people.
"There are a lot of people convicted of crimes they never committed," Kambui said. "One of the reasons [I continue to support] Assata is because she resisted the system and put herself in harm's way."
But the FBI, which has placed a $1 million bounty on Chesimard's head, says she is a convicted cop killer and remains a threat to others. She is considered to be armed and dangerous.
And despite what's known about her whereabouts, authorities say they won't stop working to capture her.
"We will talk to anyone, anytime, anyplace," Tormey said.
STATEMENT OF FACTS IN THE NEW JERSEY TRIAL OF ASSATA SHAKUR: Written by Evelyn A. Williams, dated June 25, 2005
As a member of Assata’s New Jersey trial legal defense team, and her appeal lawyer, I think a correct statement of the circumstances of New Jersey Trooper Werner Foerster’s death as established by exhibits, trial testimony and forensic evidence and that conclusively repudiate the revisionist lies now being advanced by the State of New Jersey as “fact”, need to be repeated.
It is be remember that the only surviving eyewitnesses to the NJ Turnpike shoot-out were (1) Sundiata Acoli, (2) Trooper Harper, (3) Assata and (4) the driver of a car traveling along the NJ Turnpike at the time of the incident. Zayd Malik Shakur, a passenger, was killed during the shootout.
1. Sundiata did not testify at trial, nor did he make any pre-trial statements.
2. Harper’s testimony and actions are contained in the following documents (admitted into evidence)
a. The three official investigative reports prepared by Harper, in which he wrote that after he stopped the Pontiac, he ordered Sundiata to the back of the car to show his driver’s license to Trooper Foerster who had arrived at the scene. That Sundiata complied without incident. That as he looked into the inside door of the Pontiac to check the registration, Foerster yelled at him and held up an ammunition clip. He stated that at the same time Assata reached into a red pocketbook, removed a gun from it and fired at him. That he immediately ran to the rear of his car and fired at Assata, who had emerged from the car, and was firing at him from a prostrate position alongside of the Pontiac. And it was at this point that he shot her. (admitted into evidence)
b. His Grand Jury testimony where he swore under oath to the truth of the statements he had made in his 3 official reports. (admitted into evidence)
c. Trial transcripts of his testimony at both Sundiata’s and Assata’s trials where he admitted, under cross-examination, that he had lied in all three of his official reports and in his Grand Jury testimony. That the truth was that Foerster had never shown him an ammunition clip; that Foerster had not yelled to him; that he had not seen a gun in Assata’s hand while she was seated in the car; that Assata did not shoot him from the car; and that he had not seen a red pocketbook.
d. Audio tapes of the official recorded NJ Turnpike radio communications between all NJ State Trooper cars traveling the Turnpike near the scene of the shoot-out, dated May 2, 1973, which revealed that two additional turnpike patrol cars, those driven by Trooper Robert Palenchar and Trooper Woerner Foerster, had been ordered to aid Harper at the stop prior to the shoot-out. (admitted into evidence)
e. The verbatim, hand-written record of what transpired inside the NJ Turnpike Administration Building when Harper entered it at or about 1AM on May 2, 1973, to report the shoot-out to Sergeant Chester Baginski who was in charge of maintaining the official record of turnpike occurrences on that (refereed to as the Station Bible). Harper reported that he had just been involved in a shoot-out after he had stopped a Pontiac containing three Black people, two men and a woman, that he had been wounded, and that the Pontiac was proceeding South on the turnpike. He gave the license plate number, but did not mention that Trooper Foerster had arrived at the scene. (admitted into evidence)
f. Audio tapes of the investigation conducted by Detective Sgt. First Class Richard H. Kelly in the Administration Building at 7:37AM that morning to determine why over an hour elapsed from the time Harper entered the Administration Building that night and the discovery of Foerster’s body. Statements by each of the troopers present when Harper came into the Administration Building revealed that Harper had not reported Foerster’s presence at the scene and that no one was aware of the fact that Foerster lay on the road beside his car in front of the Administration building for over an hour, when his body was accidentally discovered by Trooper O’Rourke who had left the Administration building to investigate the scene of the shoot-out, less than 200 yards away. (admitted into evidence)
3. Assata testified that Harper stopped the car without any known reason, shot her with her arms raised at his demand, and then shot her in the back as she was turning to avoid his bullets. Almost mortally wounded, and semi-conscious, she climbed into the backseat of the Pontiac to avoid further bullets. Sundiata drove the car five miles down the road and parked it, where she remained until State Troopers dragged her onto the road.
4. A driver traveling north along the turnpike at the time of the incident testified at trial that he had seen a State Trooper struggling with a Black man between a parked white vehicle and a State Trooper car whose overhead revolving lights lit up the area. He was unable to identify the Black man, and further stated that he saw no one else on the road or at the scene. He immediately reported what he had seen to New Jersey Police Headquarters.
It therefore remained only forensic evidence to help determine the facts of that night as much as they could be determined. The forensic evidence examined by both the New Jersey crime laboratory in Trenton, New Jersey and FBI crime laboratories in Washington, D.C. established the following:
1. The finger print analyses of every gun and every piece of ammunition found at the scene showed there were no fingerprints of Assata found on any of them. (The official analyses admitted into evidence)
2. Neutron Activation Analysis taken immediately after Assata was taken to the hospital that night showed there was no gun power residue on her hands. Effectively refuting the possibility that she had fired a gun. (The official analyses were admitted into evidence)
3. As a result of the bullet Harper shot under her armpit, while her arms were raised in, her median nerve was severed, immediately paralyzing her entire right arm, shattering her clavicle, and lodging in her chest so close to her heart that an operation to remove it was not feasible. A neurologist testified to that fact at the trial.
4. A pathologist testified that “There is no conceivable way that the bullet could have traveled over to the clavicle if her arm was down. That trajectory is impossible.”
5. A surgeon testified that “it was anatomically necessary that both arms be in the air for Ms. Chesimard to have received the wounds she did.”
The state offered no expert witnesses to refute this medical testimony.
6. Photographs depicting the gunshot entry wound under her armpit and the entry would of the bullet Harper shot into her back were admitted into evidence during the trial.
Therefore, since no evidence existed that proved Assata fired the bullet that killed Trooper Foerster, why was she found guilty of his murder? There are several explanations:
The first is that the climate of hatred, prejudice and racism that had so contaminated the Middlesex County jury pool in 1973 that a change of venue was ordered, continued to exist in 1977. The unanimous opinion of the 1973 jury pool was “If she’s Black, she’s guilty.” After three defense motions for change of venue, Judge Leon Gerofsky granted the motion, stating, “It was almost impossible to obtain a jury here comprised of people willing to accept the responsibility of impartiality so that defendants will be protected from transitory passion and prejudice.” The trial was then moved to Morris County where Assata’s trial was severed from Sundiata’s because of her pregnancy.
In 1977 Assata began trial for the second time in this same Middlesex County, and this time jury nullification was insured: The jurors chosen to determine Assata’s guilt or innocence consisted of five jurors who were either relatives or close personal friends of state troopers or of state law enforcement officers.
However, Assata was not convicted of firing the shot that killed Trooper Foerster. She was convicted as an accomplice to his murder under New Jersey’s “aiding and abetting” statute. Under New Jersey law, if a person’s presence at the scene of a crime can be construed as “aiding and abetting” the crime, that person can be convicted of the substantive crime itself. Judge Theodore Appleby charged the jury that they were permitted to speculate that Assata’s “mere presence” at a scene of violence, with weapons in the vehicle, was sufficient to sustain a conviction of the murder of Trooper Foerster. She was also convicted of possession of weapons – none of which could be identified as having been handled by her and of the attempted murder of Trooper Harper, who had sustained a flesh wound at the time of the shootout.
Now, 32 years after her conviction, a new, fabricated version of Foerster’s death has emerged:
There is absolutely no evidence to support statements made by Col. Joseph R. Fuentes, superintendent of the New Jersey State Police, who said that “It was later determined that Werner Foerster’s service weapon was ripped from his holster as he lay wounded on the pavement, and he was executed with two shots to the head from his own service weapon.”
But his motivation for making those statements is clear:
1. To justify Assata being placed on the domestic terror watch list along with Osama bin Ladin. He said, “Anyone with a mindset that would execute a police officer once they were on the ground is dangerous enough to be considered a domestic terrorism threat.” But
THE STORY OF JOANNE CHESIMARD Editorial from May, 2003
On May 2, 1973 New Jersey State Troopers James Harper and Werner Foerster were patrolling the New Jersey Turnpike in the area of East Brunswick. They stopped a car with three occupants. The Troopers were questioning the occupants when the driver and female passenger suddenly came up with semi-automatic pistols and opened fire. Trooper Foerster was struck twice in the chest, and Trooper Harper was hit in the shoulder. The female then proceeded to take the service weapon from the injured Trooper Foerster’s. She pointed it at the wounded Trooper and shot him twice in the head, execution style. The thirty-four-year-old trooper with just three years on the road died soon after. He left a wife and family behind. Fortunately, Trooper Harper survived. The three were apprehended a short time later. In 1977 the female shooter was convicted and sentenced to life plus 26 to 33 years in prison. She was incarcerated in the Edna Mahan Correctional Facility for Women in Hunterdon County. This facility is more commonly known today as Clinton. On November 2, 1979 in the daylight hours this convicted murderer was serving her time in Clinton when she was taken from her cell to the visitor’s area to meet with four people who had come to see her. It was a setup. The four visitors took a Corrections Officer hostage. They then took a prison driver hostage. Using the hostages, the visitors helped her escape. She eluded capture for several years until 1986 when she made her way to Cuba. There she was granted political asylum. She has been there ever since. Today, this woman goes by the name Assata Shakur. We know her as Joanne Chesimard. It’s been seventeen years now. Photos coming out of Cuba show Chesimard to be a smiling, happy, fit, and seemingly well-rested tourist on an extended vacation. Not a care in the world. In fact, she’s even written five books which are carried by major American booksellers such as Amazon.com, Borders, and Barnes and Noble. The good folks over at the NY Times even found their way to review her book which most definitely boosted sales. "A deftly written book... a spellbinding tale." -New York Times Book Review On counter-culture websites she is celebrated as a revolutionary. Being the aunt of deceased rapper Tupac Shakur has only furthered her status. Seventeen years. For seventeen years this excrement has been living on an Island in the Caribbean. Granted, Cuba might not be the first choice for retirement, but chances are with her American fugitive status she has not been bothered too much by the Communist Government. Several attempts have been made to diplomatically bring Joanne Chesimard back. Some of these were stagnated by our own government. In 1998 the US House of Representatives passed a unanimous resolution urging Castro to return Chesimard to the United States. When the vote went to the floor it was worded using the name Joanne Chesimard, not Assata Shakur. After the vote, Congresswoman Maxine Waters (D) from California realized that they were one and the same. She immediately wrote a letter to Fidel Castro explaining that she was purposely duped by Republicans. She stated that had she realized that Joanne Chesimard and Assata Shakur were one and the same, she would have voted against the resolution citing her belief that Chesimard was “persecuted as a result of her political beliefs and political affiliations.” “I support the right of all nations to grant political asylum to individuals fleeing political persecution.” Excuse my French, but what a piece of shit. Talk about sending mixed messages. It’s not certain which is scarier; the fact that a United States Congresswoman would be opposed to the extradition of someone who murdered one police officer and wounded another, or the fact that a United States Congresswoman casts her very powerful vote on issues when she is completely unaware of the facts. With this type of contradiction coming from our own government, it is no surprise that Chesimard still basks in the sun. Chesimard will be fifty-six years old this July. It has been twenty-four years since she escaped to freedom and seventeen years since she took up new residence in Cuba. There is no investigation left to be done. She has already been convicted and sentenced. In 2000, we went through the Elian Gonzalez fiasco. Our government followed the law in deciding to return him to Cuba. We respect their law while they don’t respect ours. Did our Government even try to set up a backroom deal to have Chesimard returned? Probably not. What about our Governor, two Senators, and thirteen House Representatives? Is having Chesimard returned on the plate of any of our elected officials? This is not just a lesson in history. Joanne Chesimard murdered a police officer. She shot and seriously wounded another. Imagine what the scene must have looked like to responding backup officers. Imagine the blood, the cries of pain, the sight of Troopers in uniform crying, the knock at the doors, the families completely losing it upon receiving the news, the chaos at the hospital, the pronouncement, the task of sitting down with the children, and later the funeral. Joanne Chesimard needs to pay for her crimes. She needs to be brought to justice. As mentioned earlier, some attempts were made several years back, but nothing seems to be going on now. Pressure must be applied to our representatives to re-visit this issue and put it back on the front page. Our Government can work miracles when they want to. We have to make them want to. Joanne Chesimard has been free for twenty-four years. She murdered a police officer! She murdered a police officer! She murdered a police officer! If the Government won't take action, then every local in this state should contribute monies to fund a trip to Cuba by family members and Troopers to personally meet with Fidel Castro and plead for her extradition. Below is a link to reach the email page for the Governor. We ask that everyone reading this take the time and drop him a note expressing your outrage and your insistence that action be taken to bring Joanne Chesimard to justice. Remember too that this tragedy occurred long before Governor McGreevey was in office. His email page is a bit lengthy, but well worth the time. After all, if it was you on that motor vehicle stop back in 1973 you would want us to to do it for you and your family. NJLawman.com
> Mass murderer and biggest war criminal of this century George W Bush > remains out of reach in the White House.
The Castro regime is condemned world-wide as undemocratic. Most people are aware of that.
Not as many seem to know that Genocide Watch (the Coordinator for the International Campaign to End Genocide, founded in the Hague, Netherlands, May 1999 - www.genocidewatch.org ) has put the Castro regime on it's list of governments guilty of genocide.
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