A small hearing March 4, 2014, in an obscure courtroom at the Circuit Court for Baltimore City ended with the release of former Black Panther Marshall Edward Conway, who has spent nearly 44 of his 67 years in maximum security prisons. Eddie, as he is known to his thousands of supporters, entered the courtroom wearing a Department of Corrections sweatshirt, in handcuffs and leg chains, and walked out of the courthouse about an hour later in civilian clothes to greet a host of family, supporters and old friends:
“I am filled with a lot of different emotions after nearly 44 years in prison. I want to thank my family, my friends, my lawyers and my supporters; many have suffered along with me.”
Marshall “Eddie” Conway headed the Black Panther Party in Baltimore.
Despite Eddie Conway’s insistence on his innocence, it took years for Conway and his attorneys to find a way to overturn his conviction. Finally, in May 2012, the Maryland Court of Appeals ruled in the case of Unger v. State that a Maryland jury, to comply with due process as stated in the U.S. Constitution, must be convinced beyond a reasonable doubt that someone charged with a crime is guilty before that jury can convict the defendant. What made this decision momentous for many people in prison, including Conway, is that it applied retroactively.
Robert Boyle and Phillip G. Dantes, attorneys for Conway, filed a motion on his behalf based on this ruling, arguing that the judge in Conway’s trial had not properly instructed the jury that this “beyond a reasonable doubt” proviso was mandatory for conviction. Based on this motion, they negotiated an agreement whereby Conway would be resentenced to time served and be released from prison. In exchange, Conway and his lawyers agreed not to litigate his case based on the Unger ruling.
As he walked away from the courthouse, Boyle said: “It’s a big day for Black political prisoners that one of them has finally gotten out. I feel that (the late mayor of Jackson, Mississippi) Chokwe Lumumba was speaking into the judge’s ear, to urge him to let this happen.”
Eddie’s attorney, Robert Boyle, said: “It’s a big day for Black political prisoners that one of them has finally gotten out. I feel that (the late mayor of Jackson, Mississippi) Chokwe Lumumba was speaking into the judge’s ear, to urge him to let this happen.”
Scores of former Black Panthers are serving virtual life sentences in prison, largely the result of the efforts of J. Edgar Hoover, who ordered his FBI in the 1960s and ‘70s to target the Black Panther Party – as revealed by the 1977 Church Committee Senate hearings. The first Panther chapter was started in 1966 in Oakland, California, but by the time a chapter was formed in Baltimore in 1968, the FBI had had ample time to insert more than its usual share of informants into the fledgling organization.
The FBI, moreover, often worked in league with various municipal police departments. As Conway wrote in his political memoir, “The alleged murder of police officers would soon take the place of the mythological rape of white women as the basis for the legal lynching of Black men.”
September 21, 2024