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   Vol.65/No.10            March 12, 2001 
 
 
April rally to back framed-up Native American
 
BY NAOMI CRAINE  
RALEIGH, North Carolina--Supporters of Eddie Hatcher plan to rally outside the Robeson County courthouse in Lumberton, North Carolina, April 9, when he is scheduled to go on trial on frame-up murder charges. If convicted, the Tuscarora Indian activist could face the death penalty.

Hatcher's case was the topic of the opening panel of a conference on "Youth Seeking Justice Now" at North Carolina State University February 17. About 75 students and others from throughout the region listened as Thelma Clark, Hatcher's mother, appealed for support. She described the latest attack on her son's rights by officials at the Robeson County Jail. "He tried to help people, so they've labeled him a troublemaker and put him in lockup," she said.

In January Hatcher tried to assist a fellow prisoner, Jimmy Smith, to compile evidence of his beating at the hands of the Robeson County Sheriff's Department. On January 24 Smith was moved to a different cell and Hatcher has been kept in solitary confinement since. Clark and others called the jail to ask why Hatcher was in isolation but received a runaround from officials.

On January 30 about half a dozen guards ordered Hatcher out of his cell and proceeded to search it, supposedly for contraband. When Hatcher was allowed back in, he found at least four legal files related to his defense were missing. A walkman, nail clippers, and other contraband items--which had been in clear view--were still there. Defense attorney Woody Bowen has filed a motion to dismiss the case based on this blatant violation of Hatcher's rights.

Prison officials now claim that Hatcher is being kept in isolation for fear he will spread the HIV virus. Hatcher, who has AIDS, noted in a statement on these events that "my HIV status had been broadcast on every television station and had been reported in every newspaper for five years," making it clear the sudden health concern is a fraud.

In response to a student's question of what could be done to support Hatcher, Clark encouraged people to write to state attorney general Roy Cooper to ask him to investigate the justice system in Robeson County. She also reported that Court TV is considering showing Hatcher's trial. "If enough people encourage them, they may broadcast it, and that may help him to get a fair trial."

Also speaking at the Raleigh conference in support of Hatcher's defense were Pam Africa, a leader of the Concerned Family and Friends of Mumia Abu-Jamal, and Willena Cannon, of the prison reform group Jubilee 2000.  
 
History of fighting for justice
Hatcher faces the hatred of county and state authorities for his longtime stance against police brutality and corruption. A large portion of the residents of Robeson County, in rural southeastern North Carolina, are Native American or Black. The unemployment rate is about double the statewide average, with the main industries being textile, apparel, and more recently meatpacking.

In February 1988 Hatcher and Timothy Jacobs, also a Native American activist, took over the office of the local newspaper, The Robesonian. They wanted to expose racism, corruption, and alleged drug dealing in the sheriff's department and district attorney's office. Among other things they demanded a state investigation into the county government and an investigation of the death of a young Black man in the county jail.

Hatcher and Jacobs were acquitted by a jury on federal charges of hostage-taking and illegal possession of firearms following this incident. The state government reindicted them, however, and both eventually pled guilty to kidnapping. Hatcher spent five years in prison before being released on parole in 1995. When his parole ended in 1997 he returned home, where he continued to speak out on corruption and injustice in the county.

Police have now accused Hatcher in the May 31, 1999, death of Brian McMillan in a drive-by shooting. Amelia Chavis, who was visiting McMillan, was injured in the shooting.

Hatcher was also charged with felony assault for shooting Michael Locklear a few days earlier. He acknowledged that he shot at the ground by Locklear, who was slightly injured, but said he acted in self-defense. In an October trial, a jury found Hatcher guilty of a lesser misdemeanor charge and he was sentenced to 75 days in jail, which he had already served.

In a May 2000 motion for dismissal of the murder charges, Hatcher stated that the entire case "rests solely on manufactured evidence, concealed evidence which would show Defendant's innocence, and perjured testimony." He insists he is innocent of any involvement in McMillan's death.

Hatcher and his supporters point to evidence, including an eyewitness whom police refused to interview, that the shooting was carried out by two people.

District Attorney Johnson Britt has repeatedly delayed the release of test results on bullets found at the scene that could indicate the number of guns involved. He has also opposed a motion by the defense to remove a bullet from Chavis's hip, though she has agreed to the operation.

Witnesses say they were threatened and intimidated by the cops to give statements incriminating Hatcher. The police also cooked up an alleged "confession." A Hamlet, North Carolina, cop testified in court that after he told Hatcher he was charged with killing McMillan, Hatcher said, "Hell, they ought to give me a medal for that." This "never happened," Hatcher said. The supposed confession, heard by no one else, came moments after Hatcher told State Bureau of Investigation officers that he refused to make a statement and insisted on his right to an attorney.

In an indication of the court's desire to convict Hatcher, Robeson County judge Dexter Brooks faxed letters to community groups soon after he was charged, including an editorial that called Hatcher a "terrorist," "coward," "murderer," and a "disgrace." During a pretrial hearing last September, Judge Jerry Martin denied most of Hatcher's defense motions, including a request for data that would show how the death penalty is applied in an arbitrary and racially discriminatory way in North Carolina.

At the February 17 conference Thelma Clark commented that district attorney Britt "has no evidence [against Hatcher], like in other murder charges. He tries to do this to get people to take a plea bargain." It's not uncommon for defendants to spend two to four years in jail awaiting trial, she said, leading many to plead guilty just to get the ordeal over with.

Supporters are planning teach-ins at campuses across the state and are asking people to turn out at the courthouse for the opening day of the trial. They are also raising funds for the defense effort. Information is available on the Internet at www.eddiehatcher.org or phone 910-582-2764. Contributions can be sent to the Eddie Hatcher Defense Committee, P.O. Box 2702, Pembroke, NC 28358.
 
 
Related article:
Gov't must pay Native Americans for land use  
 
 
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