the 1971 Attica riot a radical conspiracy, or was it provoked by harsh treatment of prison inmates? Could the toll of 43 dead have been avoided? Countless books, studies and articles have debated the questions. Throughout all the argument, one group remained silent: the Wyoming County grand jury that was poring over the evidence to determine what criminal charges should be brought. Now it is handing down its indictments—37 so far—and last week the first formal accusations were brought against convict leaders who emerged during the revolt.
Richard Clark, chief spokesman for the prisoners, and three other leaders were charged with kidnaping and face life sentences. The most serious charges involved two inmates who were not leaders, Charles Pernasilice and John Hill, both accused of beating a guard to death shortly after the riot broke out; the offense still carries the possibility of the death penalty in New York. The array of charges against other inmates includes the murder of a fellow convict, assault, coercion and even the theft of a prison key.
As the various defendants were arrested, shackled and brought into the Wyoming County courthouse for arraignment (some had been released since the riot), it became clear that another major trial with political overtones was already in the making. Protesters marched outside the courthouse chanting, “Let the Attica brothers go!” A lawyers’ defense committee has already been organized, complete with a fund-raising dinner that featured Angela Davis as a principal guest.
The grand jury is still in session and may well hand down more indictments before it adjourns. But thus far there has been one striking omission. Though all 39 men who died in the recapture of Attica were killed by official bullets, no guard or state trooper has yet been charged with anything.
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